Hardie Grant London Ltd v Aspden: EAT 3 Nov 2011

EAT Unfair Dismissal : Constructive Dismissal
Compensation
Employment Tribunal entitled to conclude, on the facts, that Respondent was in breach of implied term of trust and confidence. Claimant resigned in response. She was constructively dismissed. S.124(1) Employment Rights Act 1996. The Employment Tribunal was wrong to make a compensatory award to Claimant in excess of statutory cap. Grossing up takes place before, not after, application of cap so as to allow for taxation.

Judges:

Peter Clarke J

Citations:

[2011] UKEAT 0242 – 11 – 0311

Links:

Bailii

Jurisdiction:

England and Wales

Employment

Updated: 29 September 2022; Ref: scu.449417