Heggie v Uniroyal Englebert Tyres Ltd [1999] ScotCS 198 (20 August 1999)

Heggie v Uniroyal Englebert Tyres Ltd [1999] ScotCS 198 (20 August 1999)

Deduction for payment in lieu of notice must be made before applying the reduction for contributory conduct under section 123(6) of the Employment Rights Act 1996.

Citation
[1999] ScotCS 198
Parties
Applicant and Appellant: Colin Heggie; Respondents: Uniroyal Englebert Tyres Limited
Jurisdiction
Scotland
Judgment Date
20 August 1999
Procedural Posture
Appeal Under the Industrial Tribunals Act 1996 / Appeal From Employment Appeal Tribunal Decision Refusing Appeal Against Industrial Tribunal Decision
Outcome
Appeal allowed
Legal Topics
Unfair Dismissal, Compensatory Award, Payment in Lieu of Notice, Contributory Conduct
Employment Law Unfair Dismissal Compensatory Award Payment in Lieu of Notice Contributory Conduct

Case Brief

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Parties

Colin Heggie

Applicant and Appellant

Uniroyal Englebert Tyres Limited

Respondents

Procedural Posture

Appeal Under the Industrial Tribunals Act 1996 / Appeal From Employment Appeal Tribunal Decision Refusing Appeal Against Industrial Tribunal Decision

Legal Issues

  1. 1 Whether deduction for payment in lieu of notice should be made before or after applying reduction for contributory conduct under section 123(6) of the Employment Rights Act 1996

Ratio Decidendi

Deduction for payment in lieu of notice must be made before applying the reduction for contributory conduct under section 123(6) of the Employment Rights Act 1996.

Court Disposition

Appeal allowed

Orders

  • Appellant entitled to £1,910.89 with interest at 8% per annum from 25 February 1997