Lisk-Carew v Birmingham City Council [2004] EWCA Civ 565 (23 April 2004)

Lisk-Carew v Birmingham City Council [2004] EWCA Civ 565 (23 April 2004)

The Employment Tribunal was entitled to find that the principal and effective cause of the appellant's dismissal and resulting financial loss was his own misconduct, amounting to a fair dismissal, and not the act of victimisation. Therefore, compensation for loss of employment or financial loss was not warranted beyond the £5,000 awarded for injury to feelings.

Citation
[2004] EWCA Civ 565
Parties
Appellant/claimant: Ronald Lisk-Carew; Respondent/defendant: Birmingham City Council; Respondent/defendant: Dr Sonia Sharp
Jurisdiction
England and Wales
Judgment Date
23 April 2004
Procedural Posture
Employment Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal
Outcome
appeal dismissed
Legal Topics
Victimisation, Unfair Dismissal, Remedies, Causation, Compensation for Injury to Feelings
Employment Law Discrimination Law Victimisation Unfair Dismissal Remedies Causation Compensation for Injury to Feelings

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Ronald Lisk-Carew

Appellant/claimant

Birmingham City Council

Respondent/defendant

Dr Sonia Sharp

Respondent/defendant

Procedural Posture

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

Legal Issues

  1. 1 Whether the Employment Tribunal erred in refusing to award compensation for loss of employment and other financial losses following a finding of victimisation.
  2. 2 Whether the dismissal was caused by victimisation or by fair dismissal for misconduct.

Ratio Decidendi

The Employment Tribunal was entitled to find that the principal and effective cause of the appellant's dismissal and resulting financial loss was his own misconduct, amounting to a fair dismissal, and not the act of victimisation. Therefore, compensation for loss of employment or financial loss was not warranted beyond the £5,000 awarded for injury to feelings.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs to be subject to detailed assessment