EAT The principal holding is that a Tribunal is entitled, in accordance with good employment relations practice, to hold that an employee unfairly dismissed need not give credit for earnings achieved in new employment during a period when notice pay was made by the former employer. Norton Tool Co Ltd v Tewson [1972] IRLR 86 NIRC, affirmed in Babcock FATA Ltd v Addison [1987] IRLR173 CA applied. Hardy v Polk (Leeds) Ltd [2004] IRLR 420 EAT not followed. Case remitted in part for Tribunal to decide future pension loss, for it awarded 10 years when neither side claimed more than 5.
Judges:
His Honour Judge McMullen Qc
Citations:
UKEAT/0675/04/CK, [2005] ICR 453, [2004] UKEAT 0675 – 04 – 1312
Links:
Employment
Updated: 11 July 2022; Ref: scu.257185
