Source: All England Reporter
Publisher Citation: [2003] All ER (D) 51 (Feb)
Court: Employment Appeal Tribunal

Judge Burke QC, Mr P Jacques and Mr J Shrigley

Representation David Flood (instructed by Poole Alcock, Crewe) for the employee.
  Sinclair Cramsie (instructed by Bullivant Jones, Liverpool) for the employer.
Judgment Dates: 6 November 2002


Employment - Unfair dismissal - Compensation - Reduction - Employment tribunal in error in limiting compensation on basis employee ought to have found further employment.

The Case

In assessing an award of compensation, following a finding that an employee had been unfairly dismissed, the employment tribunal had found that the employee's failure to find employment had been unreasonable, so that his compensatory award would be limited to a period of ten weeks after his dismissal. The tribunal had fallen into error in failing to take into account the employee's position as compared with other job seekers, and its decision could not stand. The assessment of compensation would therefore be remitted to be reheard by another tribunal.

Practice Areas

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