Scope v Thornett

Scope v Thornett

The employment tribunal's task in assessing future loss inevitably involves prediction and speculation, but must be based on evidence. While there was evidence justifying a possible limitation, the tribunal's reasons for selecting a six-month period were inadequately explained and not sufficiently related to the...

Source-derived case information.

Parties
Appellant: Scope; Respondent: Dr Carol Thornett
Jurisdiction
England and Wales
Judgment Date
27 November 2006
Procedural Posture
Employment Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal
Outcome
Appeal allowed in part; case remitted to employment tribunal for reconsideration of compensation period.
Legal Topics
Unfair Dismissal, Compensation Assessment, Contributory Fault, Remittal to Tribunal
Employment Law Unfair Dismissal Compensation Assessment Contributory Fault Remittal to Tribunal

Source-derived case record

Summary, issues, holding and outcome

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Parties

Scope

Appellant

Dr Carol Thornett

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the employment tribunal erred in limiting compensation for unfair dismissal to six months' future loss
  2. 2 Whether the tribunal's reasons for the six-month limitation were adequate
  3. 3 Whether the tribunal could properly speculate on the likely duration of continued employment

Ratio Decidendi

The employment tribunal's task in assessing future loss inevitably involves prediction and speculation, but must be based on evidence. While there was evidence justifying a possible limitation, the tribunal's reasons for selecting a six-month period were inadequately explained and not sufficiently related to the evidence. The case must be remitted for proper analysis and reasoning on the appropriate period for compensation.

Court Disposition

Appeal allowed in part; case remitted to employment tribunal for reconsideration of compensation period.

Orders

  • Finding of unfair dismissal and contributory fault to stand.
  • Quantum figures agreed and final, subject to six months issue.