EAT PRACTICE AND PROCEDURE: Perversity
UNFAIR DISMISSAL: Compensation
The judgment of the Employment Tribunal was not perverse notwithstanding the fact that two out of the three reasons advanced by the Employment Tribunal for regarding the evidence of the managing director of the first appellant as not reliable were unsound. The third reason was supported by evidence.
There was an error of law by the Employment Tribunal on the question of compensation by not crediting the sums actually received by the Respondent against the award of compensation wrong; this was so even if the point had not been argued below because it was obvious.
It was not an error, however, to fail to give credit in respect of benefits in kind where this had not been argued below; the point was not obvious.
The award of andpound;500.00 costs was not adequately reasoned.
Counterclaims, which have previously been revoked, cannot be dismissed.
Citations:
[2009] UKEAT 0087 – 09 – 1905
Links:
Employment
Updated: 28 July 2022; Ref: scu.347325
