Gab Robins (UK) Ltd v Triggs

Gab Robins (UK) Ltd v Triggs

The Employment Tribunal erred in law by including as compensable loss under section 123 of the Employment Rights Act 1996 loss that flowed from the employer’s antecedent breaches of contract, which had already caused the employee’s illness and reduced earning capacity before the constructive dismissal. Such loss is not sustained in consequence of the dismissal and is not recoverable in an unfair dismissal claim.

Parties
Appellant: GAB Robins (UK) Limited; Respondent: Gillian Triggs
Jurisdiction
England and Wales
Judgment Date
30 January 2008
Procedural Posture
Civil Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal
Outcome
appeal allowed
Legal Topics
Constructive Dismissal, Unfair Dismissal, Compensation Assessment, Employment Rights
Employment Law Constructive Dismissal Unfair Dismissal Compensation Assessment Employment Rights

Case Brief

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Parties

GAB Robins (UK) Limited

Appellant

Gillian Triggs

Respondent

Procedural Posture

Civil Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal

Legal Issues

  1. 1 Whether compensation for constructive unfair dismissal can include loss flowing from the employer’s pre-dismissal conduct that caused the employee’s illness and reduced earning capacity
  2. 2 Whether the Employment Tribunal erred in law in its directions as to the assessment of compensation under section 123 of the Employment Rights Act 1996

Ratio Decidendi

The Employment Tribunal erred in law by including as compensable loss under section 123 of the Employment Rights Act 1996 loss that flowed from the employer’s antecedent breaches of contract, which had already caused the employee’s illness and reduced earning capacity before the constructive dismissal. Such loss is not sustained in consequence of the dismissal and is not recoverable in an unfair dismissal claim.

Court Disposition

appeal allowed

Orders

  • Declaratory order to clarify the basis for assessment of compensation, excluding loss caused by antecedent breaches from the unfair dismissal award.