NSM Music Ltd v McArdle [2010] UKEAT 0516_09_0704 (7 April 2010)

NSM Music Ltd v McArdle [2010] UKEAT 0516_09_0704 (7 April 2010)

The Employment Tribunal did not err in finding unfair dismissal and reducing compensation for contributory fault, but failed to make sufficient findings of fact regarding whether retraining as a teacher was realistic mitigation or a career change. The issue of compensation for retraining is remitted to the Tribunal for reconsideration.

Citation
[2010] UKEAT 0516_09_0704
Parties
Employee: Claimant; Employer: Respondent
Jurisdiction
United Kingdom
Judgment Date
07 April 2010
Procedural Posture
Employment Appeal / Appeal and Cross Appeal From Leeds Employment Tribunal Decision Dated 7 September 2009
Outcome
Appeal allowed in part; cross-appeal dismissed; issue of compensation remitted to Tribunal.
Legal Topics
Unfair Dismissal, Compensation, Mitigation of Loss, Statutory Disciplinary Procedure
Employment Law Unfair Dismissal Compensation Mitigation of Loss Statutory Disciplinary Procedure

Case Brief

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Parties

Claimant

Employee

Respondent

Employer

Procedural Posture

Employment Appeal / Appeal and Cross Appeal From Leeds Employment Tribunal Decision Dated 7 September 2009

Legal Issues

  1. 1 Whether the Employment Tribunal erred in law by compensating the Claimant for electing to train as a teacher
  2. 2 Whether the statutory disciplinary procedure was complied with
  3. 3 Whether the Polkey principle applies to the reduction of compensation

Ratio Decidendi

The Employment Tribunal did not err in finding unfair dismissal and reducing compensation for contributory fault, but failed to make sufficient findings of fact regarding whether retraining as a teacher was realistic mitigation or a career change. The issue of compensation for retraining is remitted to the Tribunal for reconsideration.

Court Disposition

Appeal allowed in part; cross-appeal dismissed; issue of compensation remitted to Tribunal.

Orders

  • Remit issue of compensatory award for retraining to same Tribunal for reconsideration.
  • No disturbance of finding of unfair dismissal or contributory fault.