The two employees who, after they were dismissed and their complaints of unfair dismissal were upheld by an industrial tribunal, but before the assessment of compensation, disclosed allegedly confidential information about their former employers to a national newspaper in breach of their continuing obligation of confidentiality under their contract of employment. The court was asked whether breach of a post termination obligation of confidentiality to be implied into the contract of employment, could be relevant to the assessment of compensation for unfair dismissal under section 74(1).
Held: It was not permissible for a Tribunal to take into account under s. 123(1) of the 1996 Act (any more than under s. 123(6)), conduct occurring after the dismissal
Judges:
Tudor Evans J
Citations:
[1994] UKEAT 22 – 92 – 2401, [1994] ICR 590
Links:
Statutes:
Employment Rights Act 1996 123
Cited by:
Cited – Cumbria County Council and Another v Bates EAT 13-Aug-2013
cumbria_batesEAT2013
EAT UNFAIR DISMISSAL – Compensation
The Claimant was employed by the First Respondent as a teacher at Dowdales School. He was found to have been unfairly dismissed. Post dismissal he was convicted of common . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 19 June 2022; Ref: scu.209666