Dunnachie v Kingston upon Hull City Council [2003] UKEAT 0726_02_2205 (22 May 2003)

Dunnachie v Kingston upon Hull City Council [2003] UKEAT 0726_02_2205 (22 May 2003)

Employment Tribunals do not have jurisdiction to award compensation for non-economic loss, such as injury to feelings, distress, or psychiatric injury, in unfair dismissal claims under section 123 of the Employment Rights Act 1996. The statutory language and longstanding authority restrict compensation to economic loss only. Johnson v Unisys Ltd does not change this position.

Citation
[2003] UKEAT 0726_02_2205
Parties
Appellant (employer): Kingston upon Hull City Council; Respondent (employee): Dunnachie; Respondent (employer): Southampton Institute; Appellant (employee): Williams; Appellant (employer): Stoneham Housing Association Ltd; Respondent (employee): Dawson
Jurisdiction
United Kingdom
Judgment Date
22 May 2003
Procedural Posture
Employment Appeal Tribunal Consolidated Appeals / Appeal From Employment Tribunal Decisions on Compensation for Non Economic Loss in Unfair Dismissal Claims
Outcome
Appeals by employers allowed; appeal by applicant dismissed; cross-appeal on quantum dismissed.
Legal Topics
Unfair Dismissal, Compensation, Non Economic Loss, Injury to Feelings, Statutory Interpretation
Employment Law Unfair Dismissal Compensation Non Economic Loss Injury to Feelings Statutory Interpretation

Case Brief

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Parties

Kingston upon Hull City Council

Appellant (employer)

Dunnachie

Respondent (employee)

Southampton Institute

Respondent (employer)

Williams

Appellant (employee)

Stoneham Housing Association Ltd

Appellant (employer)

Dawson

Respondent (employee)

Procedural Posture

Employment Appeal Tribunal Consolidated Appeals / Appeal From Employment Tribunal Decisions on Compensation for Non Economic Loss in Unfair Dismissal Claims

Legal Issues

  1. 1 Whether compensation for non-pecuniary (non-economic) loss can be recovered for unfair dismissal in an Employment Tribunal
  2. 2 Whether such compensation is recoverable for physical injury, psychological injury, stress, depression, mental distress, humiliation, injury to feelings, damage to family life, or injury to reputation
  3. 3 Whether the statutory scheme under the Employment Rights Act 1996 permits such recovery

Ratio Decidendi

Employment Tribunals do not have jurisdiction to award compensation for non-economic loss, such as injury to feelings, distress, or psychiatric injury, in unfair dismissal claims under section 123 of the Employment Rights Act 1996. The statutory language and longstanding authority restrict compensation to economic loss only. Johnson v Unisys Ltd does not change this position.

Court Disposition

Appeals by employers allowed; appeal by applicant dismissed; cross-appeal on quantum dismissed.

Orders

  • Employment Tribunals are not entitled to award compensation for non-economic loss in unfair dismissal claims.
  • Awards for injury to feelings or similar non-economic loss set aside.