Source: All England Reporter
Publisher Citation: [2007] All ER (D) 62 (Aug)
Court: Employment Appeal Tribunal

Burton J, Mr B Gibbs and Mr T Motture

Representation Elizabeth George (instructed by Paddington Law Centre) for the employee.
  Sarah Malik (instructed by EEF North West Legal Services) for the employer.
Judgment Dates: 29 June 2007


Employment - Unfair dismissal - Compensation - Calculation - Employer liable to employee for unfair constructive dismissal - Employee obtaining fresh employment after constructive dismissal - Employee leaving fresh employment - Tribunal finding that loss subsequent to fresh employment not attributable to original employer - Whether tribunal failing to apply relevant test - Whether tribunal failing to give sufficient reasons.

The Case

Employment Unfair dismissal. Where the employer had been found liable to the employee for unfair constructive dismissal, and where the employee had obtained fresh employment after the constructive dismissal but had then left that fresh employment, in calculating the compensation the relevant question was whether the loss caused by the subsequent unemployment from fresh employment was attributable to the unfair dismissal. The employment tribunal had applied the relevant test in deciding that it was not attributable. It had not simply recited the evidence without reaching any conclusions, and it had given sufficient reasons.

Practice Areas

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