Upton-Hansen Architects v Gyftaki UKEAT/0278/18/RN

Appeal against the ET’s decision upholding the Claimant’s claims of unfair and wrongful dismissal. Appeal by the Respondent allowed in one respect only.

The Claimant, who had worked for the Respondent for four years, resigned and presented claims to the ET of unfair dismissal and wrongful dismissal. The ET upheld her claims and awarded an amount for wrongful dismissal, a basic award for unfair dismissal, and a compensatory award. The Respondent appealed on a number of grounds, including that the ET (1) erred in law by conflating the questions raised by s 98 Employment Rights Act 1996 ("ERA"), and by not considering whether the dismissal was within the band of reasonable responses, (2) did not reduce the compensatory award pursuant to s 123(6) ERA, and (3) did not properly approach, or sufficiently explain its decision as to, the overall calculation of the award for loss of remuneration.

The EAT held that the ET had not erred in relation to the first two grounds above; however, the ET should have given more of an insight as to how it arrived at the period of time used to calculate the loss of remuneration, and so that decision was not Meek-compliant. Accordingly, in respect of the determination of a final figure for underlying loss of remuneration only, the matter would be remitted to the ET for further consideration and a fresh finding.


Published: 16/08/2019 15:09

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