Henderson & Ors v. Mite Olscot Ltd [2008] UKEAT 0030_07_0802 (08 February 2008)

Henderson & Ors v. Mite Olscot Ltd [2008] UKEAT 0030_07_0802 (08 February 2008)

The claimants' refusal to accept revised terms and conditions was the effective cause of their dismissal and the closure of the division. There was no evidence that the dismissal caused them to lose earnings, as their employment would not have continued beyond the dismissal date. No Polkey deduction was made; rather, no compensable loss was established under s.123(1) ERA 1996.

Citation
[2008] UKEAT 0030_07_0802
Parties
Appellants: Mr B Henderson and six other claimants; Respondents: Peninsula Business Services Ltd
Jurisdiction
United Kingdom
Judgment Date
08 February 2008
Procedural Posture
Employment Tribunal Appeal / Appeal Judgment on Remedy
Outcome
Appeal refused
Legal Topics
Unfair Dismissal, Compensation, Polkey Deduction, Redundancy, Remedies
Employment Law Unfair Dismissal Compensation Polkey Deduction Redundancy Remedies

Case Brief

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Parties

Mr B Henderson and six other claimants

Appellants

Peninsula Business Services Ltd

Respondents

Procedural Posture

Employment Tribunal Appeal / Appeal Judgment on Remedy

Legal Issues

  1. 1 Whether the Employment Tribunal erred in law in applying a Polkey deduction to compensation for unfair dismissal
  2. 2 Whether compensation for loss of earnings was properly denied

Ratio Decidendi

The claimants' refusal to accept revised terms and conditions was the effective cause of their dismissal and the closure of the division. There was no evidence that the dismissal caused them to lose earnings, as their employment would not have continued beyond the dismissal date. No Polkey deduction was made; rather, no compensable loss was established under s.123(1) ERA 1996.

Court Disposition

Appeal refused

Orders

  • No compensation for loss of earnings awarded
  • Each claimant awarded £250 for loss of statutory rights