In cases of discriminatory dismissal tribunals may reduce compensation if the worker would in any event have been dismissed

Chagger v Abbey National Plc & Anor [2009] EWCA Civ 1202

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21/11/2009


  • With discriminatory dismissal compensation may be reduced if the worker would in any event have been lawfully dismissed
  • 'Stigma loss'involving a calculation of how long it will take to find another job may still be awarded by the tribunal (stigma loss is that future loss arising from other employers not wishing to employ someone who had taken a previous employer to tribunal). Where a claimant would have been in any case dismissed, stigma loss may form the only head of loss.
  • Under s31(4) Employment Act (EA 2002)the level of the compensation awarded can constitute an exceptional circumstance where the tribunal is allowed to award less than the minimum 10% uplift (the award amounted to over £2 million)

  


The transcript of this case follows:-   Chagger v Abbey National Plc & Anor [2009]  (usually found at the Bailli or Employment Appeals websites)

Some recent employment cases:-
2009
It is possible to claim unfair dismissal abroad even if the workplace is registered outside the UK - Diggins v Condor Marine Crewing Services Ltd [2009] EWCA Civ 1133
Autoklenz 'Subcontractors' were employees - the contractual substitution clause was just 'window dressing' - Autoclenz Ltd v Belcher & Ors [2009] EWCA Civ 1046
Contract was ultra vires but employee still able to pursue unfair dimsissal claim under ERA 96 - Shrewsbury & Telford Hospital NHS Trust v Lairikyengbam [2009] UKEAT 0499_08_2108
Redundancies - ECJ rules that consultations do not need to begin until the parent company decides which subsidiary will be affected - Akavan Erityisalojen Keskusliitto AEK ry and Others v Fujitsu Siemens Computers Oy - ECJ [2009] Case C-44/08
ECJ rules holiday entitlement must not be lost through illness - Pereda v Madrid Movilidad SA - ECJ [2009] C-277/08
Costs follow lies (breaching confidentiality in a compromise agreement) - Dunedin Housing Association Ltd v. Donaldson - UKEAT [2009] 0014_09_0807
Pre-contractual negotiations can not be used as evidence for the meaning of a contract - Chartbrook Ltd v Persimmon Homes Ltd & Ors [2009] UKHL 38
Failure to fully exhaust statutory dispute resolution procedures means a claimant is barred from seeking redress in the courts - Booth v Oldham MBC [2009] EWCA Civ 880
Employers can not hide behind 'substantial equivalence' arguments to justify post TUPE contract changes - TAPERE v SOUTH LONDON AND MAUDSLEY NHS TRUST - [2009] UKEAT 0410_08_1908
The EAT rejects the refusing of the sole candidate for a job by citing conflict of interest and health and safety arguments - Amnesty International v Ahmed - [2009] UKEAT 0447_08_1308

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