Source: All England Reporter
Publisher Citation: [2013] All ER (D) 07 (Jul)
Court: Employment Appeal Tribunal


Representation Raoul Downey (instructed by Rawlinson Butler LLP, Crawley) for the employee.
  Jennifer Eady (instructed by Capsticks Solicitors LLP) for the employer.
Judgment Dates: 2 May 2013


Unfair dismissal - Calculation of award - Reduction where dismissal caused or contributed to by action of complainant - Employee successfully bringing proceedings for unfair dismissal before employment tribunal (tribunal) - Tribunal making no compensatory award on basis of contributory conduct of employee - Whether tribunal erring.

The Case

Unfair dismissal Calculation of award. An employee successfully brought proceedings against her employer, a primary care trust, for unfair dismissal. However no damages award was made on the basis of her contributory conduct. The employee appealed and the employer cross-appealed to the Employment Appeal Tribunal (EAT). The EAT allowed the appeal and the employer's cross appeal and remitted the matter to the original tribunal for a re-hearing.

Practice Areas

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