Astha Limited & Anor v S Grewal

Astha Limited & Anor v S Grewal

The Employment Tribunal did not err in refusing a further deduction for contributory fault where a Chagger/Polkey deduction had already been made, nor in finding no break in the chain of causation. However, it erred in making the Second Respondent personally liable for the basic award and compensation for failure to...

Source-derived case information.

Parties
Appellant: Astha Limited; Appellant: Ms S Chakraborty; Respondent: Mr S Grewal
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Employment Appeal / Judgment on Appeal
Outcome
appeal allowed in part, dismissed in part
Legal Topics
Disability Discrimination, Unfair Dismissal, Remedies, Contributory Negligence, Vicarious Liability
Employment Law Discrimination Law Disability Discrimination Unfair Dismissal Remedies Contributory Negligence Vicarious Liability

Source-derived case record

Summary, issues, holding and outcome

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Parties

Astha Limited

Appellant

Ms S Chakraborty

Appellant

Mr S Grewal

Respondent

Procedural Posture

Employment Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the Employment Tribunal erred in not making a deduction for contributory fault under the Law Reform (Contributory Negligence) Act 1945.
  2. 2 Whether there was a break in the chain of causation due to the claimant obtaining and losing new employment.
  3. 3 Whether the Employment Tribunal erred in making the Second Respondent personally liable for awards under the Employment Rights Act 1996 and Employment Act 2002.

Ratio Decidendi

The Employment Tribunal did not err in refusing a further deduction for contributory fault where a Chagger/Polkey deduction had already been made, nor in finding no break in the chain of causation. However, it erred in making the Second Respondent personally liable for the basic award and compensation for failure to provide written particulars, which can only be made against the employer.

Court Disposition

appeal allowed in part, dismissed in part

Orders

  • Appeal dismissed on grounds of contributory fault and chain of causation.
  • Appeal allowed in relation to Second Respondent's liability for basic award and compensation for failure to provide written particulars; those sums removed from her liability.