Source: All England Reporter
Publisher Citation: [2006] All ER (D) 137 (Jan)
Court: Employment Appeal Tribunal
Judge:

Judge McMullen QC, Ms K Bilgan and Mr T Motture

Representation Michael Booth QC and Martin Budworth (instructed by Horwich Farrelly, Manchester) for the employees.
  John Bowers QC and Mark Trafford (instructed by HomeLet Legal Services, Lincoln) for the employer.
Judgment Dates: 22 November 2005

Catchwords

Unfair dismissal - Compensation - Calculation of award - Employment tribunal imposing cap on compensatory award - Whether tribunal erring in imposition of cap.

The Case

The Employment Appeal Tribunal upheld the employment tribunal's decision when it imposed a cap on the compensation granted to the employees on the basis that the tribunal had not erred in drawing upon its own industrial experience and constructing a framework that was a working hypothesis about what would have occurred had the employer behaved differently and fairly.

Practice Areas

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