Source: All England Reporter
Publisher Citation: [2013] All ER (D) 60 (Jan)
Court: Employment Appeal Tribunal

Langstaff J, Ms V Branney and Mr J Mallender

Representation Irvine Maccabe (instructed by Moorhead James LLP) for the employer.
  Nicola McKinney (instructed by Thompsons Solicitors LLP) for the employee.
Judgment Dates: 23 October 2012


Employment - Dismissal - Reinstatement - Employment tribunal (ET) deciding employee unfairly dismissed - ET ordering reinstatement and reducing compensation - Employee having new employment at time of ET hearing - Employer appealing - Whether ET erring in ordering reinstatement where reduction of compensation being ordered - Whether ET should have considered new employment - .

The Case

Employment Dismissal. The employment tribunal (the ET) held that an employee was unfairly dismissed. It ordered him to be reinstated and reduced his compensation by 60% because he would have been dismissed in any event. The Employment Appeal Tribunal held that the ET had erred in reducing the compensation, but that the reduction had been irrelevant to the order for reinstatement.

Practice Areas

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