Source: All England Reporter
Publisher Citation: [2003] All ER (D) 130 (Mar)
Court: Employment Appeal Tribunal

Burton J, Mr K Edmondson and Mrs M McArthur

Representation Sean Jones (instructed by Bond Pearce, Bristol) for the employer.
  Andrew Hogarth (instructed by Towns Needham & Co, Manchester) for the employee.
Judgment Dates: 27 November 2002


Employment - Unfair dismissal - Compensation - Calculation - Discount

The Case

When considering an award of compensation for unfair dismissal, the tribunal had erred in failing to consider whether the employee, having used his best efforts in a relatively short time to find the relatively less well paid job that he had, would be able to find a better job on more secure terms at some stage, notwithstanding his age, over the following six years and eight months. Furthermore, the tribunal had been in error in making no discount for accelerated payment. It should have considered whether the instant case was one where there should be an automatic discount, or whether it was appropriate to take into account indices or other evidence which directed the tribunal towards questions of wage inflation or the differential between wage inflation and increase in the costs of living.

Practice Areas

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