National Westminster Bank Plc v Parry [2004] EWCA Civ 1563 (01 November 2004)

National Westminster Bank Plc v Parry [2004] EWCA Civ 1563 (01 November 2004)

The sum under section 114(2)(a) is not ring-fenced and must be included within the statutory cap unless the amount itself exceeds the cap, in which case the cap is exceeded only to the extent necessary to reflect that amount. The Employment Appeal Tribunal correctly identified the error of the Employment Tribunal in ring-fencing the sum.

Citation
[2004] EWCA Civ 1563
Parties
Claimant/respondent: National Westminster Bank PLC; Defendant/appellant: Frederick Wynn Parry
Jurisdiction
England and Wales
Judgment Date
01 November 2004
Procedural Posture
Appeal From Employment Appeal Tribunal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Unfair Dismissal, Statutory Cap on Compensation, Reinstatement Orders, Compensation Calculation
Employment Law Unfair Dismissal Statutory Cap on Compensation Reinstatement Orders Compensation Calculation

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Parties

National Westminster Bank PLC

Claimant/respondent

Frederick Wynn Parry

Defendant/appellant

Procedural Posture

Appeal From Employment Appeal Tribunal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether arrears of pay and benefits under section 114(2)(a) Employment Rights Act 1996 are ring-fenced from the statutory cap when reinstatement is not complied with

Ratio Decidendi

The sum under section 114(2)(a) is not ring-fenced and must be included within the statutory cap unless the amount itself exceeds the cap, in which case the cap is exceeded only to the extent necessary to reflect that amount. The Employment Appeal Tribunal correctly identified the error of the Employment Tribunal in ring-fencing the sum.

Court Disposition

Appeal dismissed

Orders

  • No order for costs