Source: All England Reporter
Publisher Citation: [2001] All ER (D) 56 (Aug)
Court: Employment Appeal tribunal
Judge:

Judge Peter Clark, Mr I Ezekiel and Mr G Wright

Representation Karen Monaghan (instructed by Christian Fisher) for J.
  Clive Lewis (instructed by the Solicitor of Inland Revenue) for the respondent.
Judgment Dates: 4 July 2001

Catchwords

Employment - Unfair dismissal - Remedies - Employee absent from work over long period due to illness - Tribunal upholding complaint of unfair dismissal - Tribunal refusing reinstatement and awarding nil compensatory award - Whether tribunal in error.

The Case

On the facts, an employment tribunal had not erred in concluding that although the complainant had been unfairly dismissed, reinstatement or re-engagement were not appropriate remedies in the instant case. Furthermore, the tribunal had been justified in making a nil compensatory award. Accordingly, the complainant's appeal was dismissed.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.