EAT UNFAIR DISMISSAL: Compensation
The Employment Tribunal found the Respondent unfairly dismissed the Claimant for raising a question about her statutory rights. She had been employed for 10 weeks and was entitled to one month’s notice. It awarded compensation effectively of 7 weeks’ pay. It found she would have been dismissed within that time in any event, and capped loss of earnings. It correctly applied O’Donoghue and distinguished Scope applying discretion to facts found: Dignite Funerals. It erred in refusing as a matter of jurisdiction to award compensation for loss of accommodation, a benefit under the Employment Rights Act 1996 s. 123(2)(a), and to award an uplift. The EAT awarded 50 per cent.
Judges:
McMullen QC J
Citations:
[2010] UKEAT 0416 – 09 – 2203
Links:
Statutes:
Employment Rights Act 1996 812392)(a)
Cited by:
Appeal from – Ward v Ashkenazi CA 2-Feb-2011
The claimant had been awarded damages after being found to have been unfairly dismissed for an automatically unfair reason in requesting written particulars of her employment. The EAT had awarded a 50% uplift for non-compliance with statutory . .
Lists of cited by and citing cases may be incomplete.
Employment, Damages
Updated: 17 August 2022; Ref: scu.408519