M Hawes v Marconi Mobile: EAT 7 Feb 2006

EAT Contract of Employment: Damages for Breach of Contract
In assessing how much was due to the employee for breach of contract the ET had to evaluate what bonus the employee would have received absent the breach. That evaluation required a decision as to what the employee’s target would have been – which itself depended on the viability of a large projects which the employees said was non – viable and should not have been included in the targets. The ET failed to make findings in the central issue of viability and gave inadequate reasons for their decision as to target.

Judges:

His Honour Judge Burke QC

Citations:

UKEAT/0674/05, [2006] UKEAT 0674 – 05 – 0702

Links:

Bailii, EAT

Citing:

CitedDr Anya v University of Oxford and Another CA 22-Mar-2001
Discrimination – History of interactions relevant
When a tribunal considered whether the motive for an act was discriminatory, it should look not just at the act, but should make allowance for earlier acts which might throw more light on the act in question. The Tribunal should assess the totality . .
Lists of cited by and citing cases may be incomplete.

Employment, Discrimination

Updated: 05 July 2022; Ref: scu.238943