EAT Unfair Dismissal : Compensation – The claimant was the subject of sexual harassment. The medical evidence was that the claimant was unfit for work due to a combination of events, the harassment being one of the causes. The ET reduced compensation thus: by 50% to reflect their finding that the respondent had been a contributor rather than the sole cause of the claimant’s loss; and to nil for a period during which the claimant had prepared for and then attended university, on the basis that the claimant not available for paid work at that time. The award of compensation was calculated to 2013, on the basis that the evidence of the claimant and her medical adviser was that the ending of litigation would assist recovery. The ET made no reference in its decision to a claim in respect of loss caused by reduced hours of work, and to a submission that the claimant had failed to prove her loss by failing to lead evidence of other work she would have done had she been fit. The ET did not determine pension loss but indicated that it hoped parties would agree a figure in that regard. The parties did not agree.
Held: There was no error of law in the ET decision to apportion the illness and the loss caused by it to various causes. The ET was entitled to find that wage loss would be likely to cease in 2013. The ET erred by omitting to give a reasoned decision in relation to the submissions about wage loss. Remitted to the same ET to hear evidence and submissions on the figures for wage loss and pension loss.
Lady Stacey H
[2014] UKEAT 0050 – 13 – 2207
Bailii
England and Wales
Employment
Updated: 21 December 2021; Ref: scu.536688