EAT UNFAIR DISMISSAL – Compensation
The Employment Tribunal erred in law in awarding compensation for loss of earnings for a period after the Claimant’s leave to remain in this country, extended under Immigration Act 1971 section 3C(2)(c), had expired. Although the ET noted that the Claimant had been informed that the UKBA had refused his application for indefinite leave to remain and that he could stay pending determination of his appeal, the ET failed to make findings as to when his appeal was dismissed. The Claimant had failed to comply with an Order of an Employment Judge to disclose relevant documents passing between him or his solicitors and the UKBA. One such which was before the EAT showed that he had no right to remain after 10 May 2010. Questions of causation which may arise in other cases were not material to this appeal. The answer to the issue the EAT was rightly directed by the President to determine was whether the ET were entitled to award compensation to the complainant on the basis that he was permitted to work when he was not. Appeal allowed. Compensatory award set aside and an award calculated up to the last day the Claimant was permitted to work substituted. The Claimant subsequently succeeded in an application for a permit but this was nearly a year after the expiry of the original permission.
Judges:
Slade DBE J
Citations:
[2012] UKEAT 0472 – 11 – 1306
Links:
Jurisdiction:
England and Wales
Employment, Damages
Updated: 04 November 2022; Ref: scu.463686
