West Lothian Council v Aziz (Unfair Dismissal : Compensation) [2012] UKEAT 0043_12_2111 (21 November 2012)

West Lothian Council v Aziz (Unfair Dismissal : Compensation) [2012] UKEAT 0043_12_2111 (21 November 2012)

The Tribunal erred in awarding compensation for unfair dismissal by making predictions about the claimant's future qualification and employment as a solicitor without a proper evidential basis. The Tribunal substituted its own view for that of the employer regarding the claimant's competence and was unduly influenced by sympathy for the claimant. The compensatory award was not justified and must be set aside, with only the basic award payable.

Citation
[2012] UKEAT 0043_12_2111
Parties
Appellant/respondent: West Lothian Council; Claimant/respondent: Mr Aziz
Jurisdiction
United Kingdom
Judgment Date
21 November 2012
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Judgment
Outcome
Appeal allowed; Tribunal's compensatory award set aside; basic award only substituted.
Legal Topics
Unfair Dismissal, Compensation, Procedural Fairness, Employment Rights Act 1996, Trainee Solicitor, Polkey Reduction
Employment Law Unfair Dismissal Compensation Procedural Fairness Employment Rights Act 1996 Trainee Solicitor Polkey Reduction

Case Brief

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Parties

West Lothian Council

Appellant/respondent

Mr Aziz

Claimant/respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Judgment

Legal Issues

  1. 1 Whether the Employment Tribunal erred in awarding compensation for unfair dismissal based on speculative predictions unsupported by evidence
  2. 2 Whether the Tribunal substituted its own view for that of the employer regarding the claimant's competence and likelihood of qualifying as a solicitor
  3. 3 Whether the Tribunal's sympathy for the claimant improperly influenced its assessment of compensation

Ratio Decidendi

The Tribunal erred in awarding compensation for unfair dismissal by making predictions about the claimant's future qualification and employment as a solicitor without a proper evidential basis. The Tribunal substituted its own view for that of the employer regarding the claimant's competence and was unduly influenced by sympathy for the claimant. The compensatory award was not justified and must be set aside, with only the basic award payable.

Court Disposition

Appeal allowed; Tribunal's compensatory award set aside; basic award only substituted.

Orders

  • Paragraph 1 of the Tribunal's judgment set aside and replaced with: 'That the claimant was unfairly dismissed by the respondent and the respondent shall pay to the claimant a basic award of £402.'