A & Anor v C Limited & Ors

A & Anor v C Limited & Ors

The tribunal erred in failing to properly consider findings of breaches of the ACAS Code, in its approach to causation and mitigation of loss for Ms B, and in calculating loss of earnings based on an annual rather than quarterly bonus. The tribunal's approach to Mr A's loss period was unclear. These issues require remission for fresh consideration by a differently constituted tribunal.

Parties
Appellant: A; Appellant: B; Respondent: C Limited; Respondent: D; Respondent: E; Respondent: F; Respondent: G
Jurisdiction
England and Wales
Judgment Date
11 December 2025
Procedural Posture
Employment Appeal / Judgment on Appeal From Remedy Decision
Outcome
Appeal allowed in part; matter remitted for fresh consideration by a differently constituted tribunal.
Legal Topics
Harassment, Victimisation, Constructive Dismissal, Remedies, ACAS Code Uplift, Mitigation of Loss, Personal Injury, Causation
Employment Law Discrimination Law Harassment Victimisation Constructive Dismissal Remedies ACAS Code Uplift Mitigation of Loss +2 more

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Parties

A

Appellant

B

Appellant

C Limited

Respondent

D

Respondent

E

Respondent

F

Respondent

G

Respondent

Procedural Posture

Employment Appeal / Judgment on Appeal From Remedy Decision

Legal Issues

  1. 1 Whether the tribunal erred in refusing ACAS Code uplift for failure to follow grievance and disciplinary procedures
  2. 2 Whether the tribunal erred in its approach to mitigation and causation of loss of earnings and personal injury
  3. 3 Whether the tribunal made calculation errors in awards

Ratio Decidendi

The tribunal erred in failing to properly consider findings of breaches of the ACAS Code, in its approach to causation and mitigation of loss for Ms B, and in calculating loss of earnings based on an annual rather than quarterly bonus. The tribunal's approach to Mr A's loss period was unclear. These issues require remission for fresh consideration by a differently constituted tribunal.

Court Disposition

Appeal allowed in part; matter remitted for fresh consideration by a differently constituted tribunal.

Orders

  • Remit for fresh consideration of period for which Mr A was unfit to work and loss of remuneration award for him.
  • Remit for fresh consideration of Ms B's claims for loss of remuneration and damages for personal injury, including causation and apportionment.