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West Lothian Council v Aziz: EAT 21 Nov 2012

EAT Unfair Dismissal : Compensation
Trainee solicitor. Dismissal procedurally unfair. Compensation for unfair dismissal. Tribunal had no basis in the evidence for proceeding on basis that it was likely that the Claimant – whose performance in the employment of the Respondent was completely inadequate and such as to lead them to conclude that he could never be a ‘fit and proper person’ to be admitted as a solicitor – would in fact have qualified and been permanently employed as a solicitor. Tribunal appeared to have been unduly swayed by sympathy for the Claimant. No opposition offered, at the appeal, to Appellant’s submissions. Appeal upheld and award comprising basic award only (andpound;402) substituted for Tribunal’s award of andpound;30,597.62.

Lady Smith
[2012] UKEAT 0043 – 12 – 2111
Bailii
England and Wales

Employment, Damages

Updated: 02 November 2021; Ref: scu.468961

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