EAT The employer appealed against the tribunal’s decision to make an award to compensate the respondent for the loss of entitlement to an extended statutory notice period.
Held: The award was upheld. Lord Justice Griffiths said: ‘This is a very speculative matter and as we say it is a novel one. But it appears to us to be a principle permissible as a head of damage although we would not expect it to attract other than a very small award in the average case.’
Lord Justice Griffiths
[1974] ICR 352, [1974] IRLR 53
England and Wales
Citing:
Cited – Norton Tool Co Ltd v Tewson NIRC 30-Oct-1972
(National Industrial Relations Court) The court was asked to calculate damages on a dismissal, and particularly as to whether the manner of the dismissal should affect the damages.
Held: The common law rules and authorities on wrongful . .
Cited by:
Cited – Langley and Another v Burso EAT 3-Mar-2006
The claimant had been dismissed shortly after becoming unable to work. She sought payment of her normal salary during the period of notice saying this was established good practice.
Held: ‘We are put in the invidious position of being bound by . .
Cited – Tradewinds Airways v Fletcher EAT 1981
The employee, an airline pilot, was entitled to three months contractual notice. The Tribunal had awarded compensation for the full three months even although he had earned a salary from other employment during part of that period.
Bristow J . .
Cited – Everwear Candlewick Ltd v Isaac EAT 2-Jan-1974
Sir John Brightman referred to Norton Tool, Stepek and Hilti and then said: ‘The principle behind these three cases is clear. If an employee is unfairly dismissed without due notice and without pay in lieu of notice, he is prima facie entitled to . .
Mentioned – Burlo v Langley and Carter CA 21-Dec-2006
The claimant had been employed by the defendants as a nanny. She threatened to leave, but then was injured in a car acident and given a sick note. The employer immediately engaged someone else. She was found to have been unfairly dismissed. The . .
Applied – Daley v AW Dorsett (Almar Dolls Ltd) EAT 1981
The loss of a right to an extended period of notice is a proper head of damages in an employment loss case: ‘It is a claim for compensation for the loss of an intangible benefit, namely that of being entitled in the course of one’s employment, to a . .
Cited – Superdrug Stores Plc v Corbett EAT 12-Sep-2006
EAT Unfair Dismissal – Exclusions including worker/jurisdiction.
The Tribunal had awarded an obviously excessive sum of andpound;1420 for loss of statutory rights, without explanation of their reasons for . .
Cited – Burlo v Langley and Another CA 21-Dec-2006
Brief Order. . .
Cited – Wolff v Kingston Upon Hull City Council and Another EAT 7-Jun-2007
EAT Practice and Procedure: Costs
1. Employment Tribunal entitled to make award of costs where Claimant persisted unreasonably in pursuing his claim for re-engagement.
2. The conventional award for loss . .
Lists of cited by and citing cases may be incomplete.
Employment, Damages
Updated: 23 November 2021; Ref: scu.240324