Monfort International Plc v McKenzie [2007] UKEAT 0155_06_0602 (6 February 2007)

Monfort International Plc v McKenzie [2007] UKEAT 0155_06_0602 (6 February 2007)

The substitution of a Tribunal member at the remedies stage did not render the hearing a nullity as Regulation 9(4) permits such substitution without parties' consent, especially where parties were given an opportunity to object and did not; the Tribunal erred in applying the wrong statutory cap and in not giving credit for the Director's loan, both of which were corrected on appeal.

Citation
[2007] UKEAT 0155_06_0602
Parties
Appellant/respondent Below: Montfort International Plc; Respondent/claimant Below: Mr Todd
Jurisdiction
United Kingdom
Judgment Date
06 February 2007
Procedural Posture
Employment Appeal Tribunal (eat) Appeal / Appeal Against Remedies Judgment After Liability Judgment in Employment Tribunal
Outcome
Appeal allowed in part; award reduced; costs order made against Respondent from 1 December 2006.
Legal Topics
Constitution of Employment Tribunal, Procedural Irregularity, Remedies Hearing, Costs, Unfair Dismissal, Wrongful Dismissal, Unlawful Deduction From Wages
Employment Law Constitution of Employment Tribunal Procedural Irregularity Remedies Hearing Costs Unfair Dismissal Wrongful Dismissal Unlawful Deduction From Wages

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Parties

Montfort International Plc

Appellant/respondent Below

Mr Todd

Respondent/claimant Below

Procedural Posture

Employment Appeal Tribunal (eat) Appeal / Appeal Against Remedies Judgment After Liability Judgment in Employment Tribunal

Legal Issues

  1. 1 Whether substitution of a Tribunal member at remedies stage without prior consultation of parties renders the hearing a nullity
  2. 2 Whether the Employment Tribunal applied the correct statutory cap for compensation
  3. 3 Whether credit should be given for a Director's loan in the award calculation

Ratio Decidendi

The substitution of a Tribunal member at the remedies stage did not render the hearing a nullity as Regulation 9(4) permits such substitution without parties' consent, especially where parties were given an opportunity to object and did not; the Tribunal erred in applying the wrong statutory cap and in not giving credit for the Director's loan, both of which were corrected on appeal.

Court Disposition

Appeal allowed in part; award reduced; costs order made against Respondent from 1 December 2006.

Orders

  • Employment Tribunal's award reduced by £7,300 to £73,509.63.
  • Respondent to pay Claimant's costs from 1 December 2006, assessed at £2,631.70 plus VAT.