The Claimant, who was employed by the Respondent until his dismissal on grounds of performance capability, was signed off as unfit for work for several months before he found temporary work and then a permanent position. In assessing compensation for unfair and unlawful dismissal arising out of the Respondent's handling of the PIP process, to which the ACAS Codes of Practice on disciplinary and grievance investigations applied, the ET made findings in relation to (1) future loss, (2) pension loss, bonus payments and other benefits, (3) holiday loss, (4) Simmons v Castle and inflation uplifts to the injury to feelings award, and (5) an ACAS Code uplift of 10%.

The EAT held that the ET had not erred in law in its consideration of the issues, and so the Claimant's appeal, and the Respondent's cross-appeal on the ACAS Code uplift, should be dismissed.