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 re-employment to a longer period of notice than that which would arise in that employment compared with that applying to the employment from which he [the employee] was unfairly dismissed.’
Held: On an unfair dismissal, the employee was entitled to compensation for the loss of the statutory protection he had acquired by his employment for two years, though the amount was heavily contingent. In this case the circumstances suggested that such contingences were unlikely to arise. Nevertheless, the standard nominal sum to be awarded for the loss of statutory rights on an unfair dismissal was increased from andpound;20.00 to andpound;100.00.
Citations:
[1986] IRLR 488, [1987] ICR 1
Jurisdiction:
England and Wales
Citing:
Considered – Townson v Northgate Group 1981
. .
Cited by:
Cited – Superdrug Stores Plc v Corbett EAT 12-Sep-2006
EAT Unfair Dismissal – Exclusions including worker/jurisdiction.
The Tribunal had awarded an obviously excessive sum of andpound;1420 for loss of statutory rights, without explanation of their reasons for . .
Cited – Hope v Jordan Engineering Ltd EAT 1-May-2008
EAT Unfair dismissal – Compensation – Polkey deduction – Automatically unfair dismissal; section 98A(1) ERA. Application of Polkey deduction to whole of compensatory award. 100 per cent deduction; therefore no . .
Cited – 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 . .
Cited – Taylorplan Services Ltd v Morris and Another EAT 22-Nov-1995
. .
Cited – Armstrong v Automotive Components Dunstable Ltd EAT 31-Oct-1996
. .
Cited – Davis and Another (T/A Samuel Davis (A Firm)) v Derbyshire EAT 9-Mar-2004
EAT Unfair Dismissal
Automatically unfair dismissal by reason of employee having asserted statutory rights. Issues as to proper bases for compensation (net or gross pay in lieu) and mitigation of loss. . .
Lists of cited by and citing cases may be incomplete.
Employment, Damages
Updated: 21 July 2022; Ref: scu.278667
