Wellbeck Steel Service Centre v. Roworth [2003] UKEAT 0550_03_2209 (22 September 2003)

Wellbeck Steel Service Centre v. Roworth [2003] UKEAT 0550_03_2209 (22 September 2003)

On the limited material before the Tribunal, it was open to them to find that receipt of incapacity benefit did not preclude compensation for loss of earnings, as the statutory test was not sufficiently defined or evidenced to prove incapacity for all work.

Citation
[2003] UKEAT 0550_03_2209
Parties
Employee: Mr Roworth; Employer: Employer (unnamed)
Jurisdiction
United Kingdom
Judgment Date
22 September 2003
Procedural Posture
Employment Tribunal Appeal / Preliminary Hearing
Outcome
Appeal dismissed
Legal Topics
Unfair Dismissal, Compensatory Award, Incapacity Benefit
Employment Law Unfair Dismissal Compensatory Award Incapacity Benefit

Case Brief

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Parties

Mr Roworth

Employee

Employer (unnamed)

Employer

Procedural Posture

Employment Tribunal Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether receipt of incapacity benefit precludes compensation for loss of earnings when incapacity is not caused by dismissal

Ratio Decidendi

On the limited material before the Tribunal, it was open to them to find that receipt of incapacity benefit did not preclude compensation for loss of earnings, as the statutory test was not sufficiently defined or evidenced to prove incapacity for all work.

Court Disposition

Appeal dismissed

Orders

  • No amendment to Notice of Appeal
  • Compensatory award of £21,713.60 stands