The Claimant was unfairly dismissed. He was found entitled to compensation. The Tribunal awarded compensation subject to a 30% reduction in respect of a variety of matters that the Tribunal considered necessitated a reduction to the award of compensation. The Tribunal accepted that the Claimant suffered an ongoing wage loss in that his new employment that was less remunerative than that which he had enjoyed with the Respondents. It terminated that loss when, at the end of his probationary period, the Claimant failed to secure a permanent contract with his new employer. Held that the authorities supported the proposition that wage loss should not be calculated on a broad-brush approach if possible and that there was a more objective method of calculating loss based on the periods of time the Claimant had been out of work or suffering differential wage loss. In this situation the Tribunal had erred in applying a percentage reduction. Held further that there was no rational basis for terminating the Claimant’s ongoing wage loss when he failed to secure a permanent contract. The Employment Appeal Tribunal ordered the Tribunal to reassess wage loss and pension loss.
Citations:
[2021] UKEAT 0047 – 19 – 1901
Links:
Jurisdiction:
England and Wales
Employment
Updated: 01 December 2022; Ref: scu.661684