Astha Limited & Anor v Grewal [2023] EAT 170

Appeal against various aspects of the remedy judgment after the Claimant won his claim of unfair dismissal. Appeal allowed in part.

The Claimant won his claim of unfair dismissal and was awarded over £41,000 in compensation which included a basic award, an award for failing to provide written particulars, an award under the Equality Act for disability discrimination and injury to feelings. An appeal by the First Respondent against some aspects of the remedy judgment was withdrawn but the Second Respondent appealed on 4 grounds: the failure by the ET to reduce the award for contributory fault; decision that there was no break in causation after the Claimant lost his job in mitigation following his dismissal; and a decision that both Respondents, the employer and an employee, were jointly and severally liable.

The EAT allowed the appeal on the joint and several ground - awards made under the Employment Rights Act 1996 and the Employment Act 2002 can only be made against the employer and not against an individual Respondent. The break in causation ground was dismissed - on the facts of this case, when the Claimant secured alternative employment at a lower rate of pay and then lost that employment through no fault of his own, there was no scope for excluding loss of earnings after he had lost that employment due to unrelated factors over which he had no control. The contributory fault ground was also dismissed - the ET had already made a Polkey deduction of 75% and there was a risk of double counting if a contributory fault deduction was made in addition.

Published: 09/02/2024 16:31

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