EAT Unfair DismissL – Reinstatement/re-engagement – UNFAIR DISMISSAL – Compensation The amount of a week’s pay for the purposes of calculating in accordance with Employment Rights Act 1996 section 124(1ZA)(b) the upper limit of compensation which may be awarded under section 123, applying section 221(2), is the amount of remuneration payable under the contract of employment. This can include pension contributions paid by the employer to a pension fund. Section 221(2) is to be contrasted with section 27(1) which defines wages as any sums ‘payable to the worker’ and therefore only applies to sums payable to a Claimant. Failing to make a reduction in the basic award under section 122(2) where the Claimant had been found to have contributed to her dismissal by her conduct and had her compensatory award reduced by 35 per cent was perverse. RSPCA v Cruden [1986] IRLR 83 applied.
Citations:
[2017] UKEAT 0341 – 16 – 1306
Links:
Jurisdiction:
England and Wales
Employment
Updated: 28 March 2022; Ref: scu.592675
