EAT UNFAIR DISMISSAL – Mitigation of loss
The Employment Tribunal failed to assess whether the steps taken by the Respondent employee were such as would have been taken by a reasonable employee.
Procedural Irregularity
The Employment Tribunal awarded the maximum uplift of 25% pursuant to section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992 as amended without giving the Appellant any opportunity to make submissions on the matter.
In respect of both errors the matter was remitted to the same Employment Tribunal for re-hearing on those points.
Judges:
Hand QC J
Citations:
[2012] UKEAT 0050 – 12 – 2105
Links:
Jurisdiction:
England and Wales
Employment
Updated: 03 November 2022; Ref: scu.461863