MacCulloch v Imperial Chemical Industries Ltd: EAT 25 Nov 2009

EAT UNFAIR DISMISSAL: Compensation
In accordance with Employment Rights Act 1996 Section 123(7) the excess of an enhanced redundancy payment over the amount of a basic award reduces the compensatory award arrived at in accordance with Section 123(1).
The Employment Tribunal erred in deducting an enhanced redundancy payment twice. Once from loss of entitlement or potential entitlement to an enhanced redundancy payment to be included by reason of Section 123(3) in the calculation of the compensatory award, and secondly by reducing the compensatory award by that amount under Section 123(7).

Judges:

Slade J

Citations:

[2009] UKEAT 0275 – 09 – 2511

Links:

Bailii

Statutes:

Employment Rights Act 1996 123(1)

Jurisdiction:

England and Wales

Employment

Updated: 11 August 2022; Ref: scu.392531