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 a Court of Appeal decision which seems to the majority to conflict with a later analysis of the relevant statutory provision by the House of Lords. We think that in these circumstances we are justified in not following the decision of the Court of Appeal . . We also consider that it would be undesirable for us to leave in place a principle which the majority believe is now legally unsustainable, given that Tribunals will no doubt follow this decision pending a resolution of this issue by the Court of Appeal.’ The practice was no longer good law following Dunnachie. The Tribunal would have been neither obliged nor entitled to grant compensation for the full notice period as part of the unfair dismissal compensation.
Citations:
Times 03-Apr-2006, [2006] UKEAT 0572 – 05 – 0303
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Dunnachie v Kingston-upon-Hull City Council HL 15-Jul-2004
The claimant sought damages following his dismissal to include a sum to reflect the manner of his dismissal and the distress caused.
Held: The remarks of Lord Hoffmann in Johnson -v- Unysis were obiter. The court could not, under the section, . .
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 – Scotts Company (Uk) Ltd v Budd EAT 5-Nov-2002
. .
Cited – Hilti (Great Britain) Ltd v Windridge EAT 1974
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 . .
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 – Vaughan v Weighpack Ltd NIRC 1974
(National Industrial Relations Court) In a claim for compensation for unfair dismissal, the employee should be treated as having suffered a loss in so far as he received less than he would have received in accordance with good industrial practice. . .
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 . .
Cited – TBA Industrial Products Ltd v Locke EAT 1984
The employee had been unfairly dismissed with 12 weeks pay in lieu of notice.
Held: The court re-affirmed the narrow principle of Norton Tool v Tewson. Browne Wilkinson J P said: ‘It seems to us that the decision in the Tradewinds [1981] IRLR . .
Cited – Hardy v Polk (Leeds) Ltd EAT 2-Feb-2004
EAT Practice and Procedure – Bias, misconduct and procedural irregularity
The amount of the respondent’s entitlement to pay in lieu will be relevant to the question of any compensatory award. . .
Cited – Isleworth Studios v Rickard EAT 1988
The claimant had on dismissal gone into business on his own account and earned some andpound;10,000 more than he would have done had he remained employed. The employer appealed the award of damages.
Held: The tribunal had erred in awarding . .
Cited – Babcock FATA Ltd v Addison CA 1987
The employee was unfairly dismissed for redundancy. He was given 5 weeks pay in lieu, a statutory redundancy payment and a severance payment under the employers’ own scheme. He did not obtain another job until well after his period of notice had . .
Cited – Cerberus Software Ltd v John Anthony Rowley CA 18-Jan-2001
Where a contract of employment gave the employee a right to six months notice but provided that the employer might pay salary in lieu, and the employee was wrongfully dismissed instantly, but found work within weeks, he was entitled to his full six . .
Cited – Puglia v C James and Sons EAT 24-Oct-1995
The EAT considered the effect of the receipt of benefits during a period of sickness when calculating loss of earnings, and whether a hearing was properly conducted without the presence of the parties.
Held: There is no procedural irregularity . .
Cited – Morgans v Alpha Plus Security Ltd EAT 17-Jan-2005
The Tribunal had given credit for the full amount of incapacity benefit which the employee had received during the notice period. He appealed on the grounds that it ought not to have done so. There was a conflict of authority on the point in the . .
Cited – Cerberus Software Ltd v J A Rowley EAT 14-Jul-1999
EAT Contract of Employment – Breach of Contract . .
Cited – Rubenstein and Another (T/A McGuffies Dispensing Chemists) v McGloughlin EAT 28-Dec-1995
Half only of invalidity benefit received by the employee during his period of notice was to be deducted from an unfair dismissal award. . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 05 July 2022; Ref: scu.240254