EAT Compensation for unfair dismissal- assessment of economic loss.
Was employee’s medical condition after her constructive dismissal caused or aggravated by employer’s repudiatory conduct or by her pre-existing medical condition?
In determining what caused the employee’s loss, was the proper approach to apply the ‘but for’ test or to assess in percentage terms the prospect that the employee would have become ill and unable to work even if there had been no repudiatory conduct by the employee? Answer depends on whether it is past or future loss.
Were findings of Employment Tribunal perverse?
Judges:
Silber J
Citations:
[2006] UKEAT 0199 – 06 – 2706
Links:
Jurisdiction:
England and Wales
Employment, Damages
Updated: 21 July 2022; Ref: scu.242959