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 in the Tribunal members holding a meeting in the absence of the parties for the purposes of reaching their decision on evidence and argument already before them.
As to the affect of the receipt of statutory sick pay: ‘In our judgment, the industrial tribunal correctly applied the law in deducting from the estimated loss of earnings the statutory sick pay received by Mr Puglia over the relevant period. The law on this topic was settled by the Appeal Tribunal in Sun and Sand Ltd v Fitzjohn [1979] IRLR 154 . . It was not suggested in this case that Mr Puglia’s contract of employment provided that he would be entitled to his full wages in addition to any statutory sick pay which he received. The industrial tribunal were therefore correct in making a deduction for the statutory sick pay received by Mr Puglia.’

Judges:

Mummery J

Citations:

[1995] UKEAT 777 – 93 – 2410, [1996] ICR 301, [1996] IRLR 70

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See AlsoC James and Sons v Puglia EAT 15-Jan-1992
The claimant had been made redundant after many years. He had worked for a farming partnership, and there had been recent changes in the partnership constitution. . .
CitedSun and Sand Ltd v Fitzjohn 1979
The EAT considered the deduction of sickness benefit from the compensatory award. Arnold J said: ‘The appellants before us say that that amount of sick ness benefit should be deducted from the amount awarded within the compensatory award for the 13 . .
CitedHilton International Hotels (UK) Ltd v Faraji EAT 10-Jan-1994
No reduction in compensation for unfair dismissal was to be made for invalidity benefit. . .
CitedSH Muffett Ltd v Head EAT 1986
The Tribunal was asked to award damages for the loss of statutory protection and also loss of notice period, ‘what is generally referred to as the ‘loss of the right to long notice’ or, more particularly, it is the loss of a right in the event of . .

Cited by:

See AlsoC James and Sons v Puglia CA 19-Feb-1997
. .
CitedLangley and Another v Burso EAT 3-Mar-2006
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 . .
CitedKnapton and others v ECC Card Clothing Ltd EAT 7-Mar-2006
EAT Unfair Dismissal: Compensation
Reversing the Employment Tribunal, in the assessment of compensation for unfair dismissal under Employment Rights Act 1996 section 123, an employee who took early receipt . .
Lists of cited by and citing cases may be incomplete.

Employment, Benefits

Updated: 18 June 2022; Ref: scu.209414