The employee had been found to be unfairly dismissed. The company did not re-engage him, and he sought as part of his damages, the lost earnings up to the date of the hearing. The employer said these should be included within the overall damages cap.
Held: The award of arrears was not ring fenced so as to be outside the statutory cap on damages. Any cap on damages would adversely affect some individuals, and appear unfair. S124 was explicit as to the situations where the cap would not apply.
Judges:
Mummery LJ, Kay LJ, Gage LJ
Citations:
Times 04-Nov-2004, [2004] EWCA Civ 1563
Links:
Statutes:
Employment Rights Act 1996 114 124
Jurisdiction:
England and Wales
Citing:
Appeal from – National Westminster Bank Plc v Parry EAT 5-Feb-2004
EAT Unfair Dismissal – Reason for dismissal . .
Cited – Selfridges Ltd v Malik EAT 24-Apr-1997
The statutory cap on damages awards in unfair dismissal cases included the award for lost earnings. . .
Cited by:
Appealed to – National Westminster Bank Plc v Parry EAT 5-Feb-2004
EAT Unfair Dismissal – Reason for dismissal . .
Lists of cited by and citing cases may be incomplete.
Employment, Damages
Updated: 27 June 2022; Ref: scu.219422