||All England Reporter
|| All ER (D) 370 (Jun)
||Employment Appeal Tribunal
Judge Peter Clark, Mr G Lewis and Mr H Singh
||Mohammed Hay (instructed by Hathaways) for the employee.
||The employer did not appear and was not represented.
||1 May 2008
Unfair dismissal - Compensation - Calculation of award - Employer company carrying out redundancy exercise - Employer dismissing employee following her failure to accept part-time post - Employment tribunal deciding dismissal unfair - Tribunal assessing employee's compensatory award at nil - Whether tribunal erring in assessment of compensatory award.
Unfair dismissal Compensation. The deduction in respect of a compensatory award applied to a dismissal which was unfair under s 98A(1) of the 1996 Act. Consequently, if there was no compensatory award, no uplift fell to be applied under s 31(3) of the 2002 Act. Applying those principles, the Employment Appeal Tribunal dismissed the employee's appeal against an employment tribunal's decision to reduce her compensatory award by 100% following her successful unfair dismissal claim on the basis that since there had been no substantive unfairness under of the Employment Rights Act 1996, there would be no compensatiory award and therefore no award which fell to be uplifted under of the Employment Act 2002.
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