EAT AGE DISCRIMINATION
UNFAIR DISMISSAL – Compensation
1. The Employment Tribunal was correct to refuse to award any uplift in compensation pursuant to section 207A(2) of the Trade Union and Labour Relations (Consolidation) Act 1992 (as amended). No disciplinary procedure was invoked in this case because, apart from the effects of his illness, the Claimant was able to perform the job of security guard and there was no suggestion that his conduct or performance gave rise to a disciplinary situation or involved culpable conduct. That meant the employer was not required to follow the ACAS Code of Practice on Disciplinary and Grievance Procedures and the uplift under section 207A(2) was not available.
2. The question whether and when in future the Claimant would obtain alternative employment at an equivalent salary to that which he had with the Respondent did not depend on findings of fact but on an assessment that involved speculation and prediction. The ET’s conclusion that the Claimant would have obtained such employment by 6 September 2018 so that full loss ceased at that date was sustainable on the evidence and assumptions made and not arguably perverse.
3. Travel costs associated with getting to work in the future were not raised as an issue for the ET to determine. They were not identified with any particularity or quantified in any way, even on a speculative basis. It was not therefore an error for the ET not to take them into account in determining pecuniary loss in the period from 7 September 2015 onwards.
4. The appeal therefore failed.
Simler DBE J P
[2016] UKEAT 0206 – 15 – 2604
Bailii
England and Wales
Employment, Discrimination
Updated: 02 November 2021; Ref: scu.565987
