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England and Wales decisions
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The EAT dismissed the appeal on ACAS uplift, PIP deduction, contingencies, and bonus, but allowed the cross-appeal on the future loss multiplicand.
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.
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The EAT upheld most findings in an unfair dismissal appeal, but found the tribunal erred in limiting future loss to age 65 and remitted compensation for reconsideration.
The tribunal did not err in refusing to cap compensation at ÂŁ270,000 as such a cap would be void under section 203 ERA 1996. The ACAS Code uplift was properly applied because the written grievance, though not itself a protected disclosure, was sufficiently related to the subsequent oral disclosures, and the employer failed to follow the Code. The uplift could be applied to the individual respondent as he was responsible for the failure to comply with the Code.
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The findings of harassment and victimisation were set aside because the Employment Tribunal conflated the legal tests and failed to apply them separately. The finding of unfair dismissal was upheld as the dismissal for the asserted misconduct fell outside the band of reasonable responses open to a reasonable employer. The Tribunal failed to provide adequate reasons for the ACAS uplift, requiring remission for proper analysis.
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Employment Appeal Tribunal case on unfair dismissal, remedy, ACAS uplift, furlough-related loss and company-car compensation, with remedy issues remitted.
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