EAT Unfair Dismissal : Contributory Fault – UNFAIR DISMISSAL – Compensation DISABILITY DISCRIMINATION – Compensation
The Employment Tribunal was correct in not re-opening, at the remedy stage, the issue of contributory conduct which had been determined at an earlier Liability Hearing. 25 per cent uplift for non-compliance with the ACAS Code was permissible and sufficiently reasoned. Those grounds of appeal were dismissed.
The Employment Tribunal was wrong not to consider the question of half-pay sick absence when assessing Unfair Dismissal/disability discrimination loss of earnings. Case remitted to do so. Further, the Employment Tribunal omitted to issue a recoupment notice. To be remedied on remission to the same Employment Tribunal.
Peter Clark HHJ
[2015] UKEAT 0307 – 14 – 0601
Bailii
England and Wales
Employment
Updated: 27 December 2021; Ref: scu.542325