R & M Gaskarth v Mooney & Anor (Unfair Dismissal : Compensation) [2013] UKEAT 0196_12_0508 (5 August 2013)

R & M Gaskarth v Mooney & Anor (Unfair Dismissal : Compensation) [2013] UKEAT 0196_12_0508 (5 August 2013)

The Tribunal's finding that Mrs Mooney's inability to work was attributable in no small part to the dismissal satisfied the legal test of causation to a material extent. The evidence supported the Tribunal's conclusion, and there was no error of law. The Tribunal did not permit double recovery, as the calculation properly adjusted for notice pay actually received.

Citation
[2013] UKEAT 0196_12_0508
Parties
Claimants: Mr and Mrs Mooney; Respondents: Samuel Smith's (trading arm)
Jurisdiction
United Kingdom
Judgment Date
05 August 2013
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Unfair Dismissal, Compensation, Mitigation of Loss, Attribution of Loss, Double Recovery
Employment Law Unfair Dismissal Compensation Mitigation of Loss Attribution of Loss Double Recovery

Case Brief

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Parties

Mr and Mrs Mooney

Claimants

Samuel Smith's (trading arm)

Respondents

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the Employment Tribunal erred in awarding compensation for periods where Mrs Mooney was unable to work due to both depression (caused by dismissal) and physical illness (not caused by dismissal)
  2. 2 Whether the Tribunal permitted double recovery by awarding both loss of earnings and notice pay for the same period

Ratio Decidendi

The Tribunal's finding that Mrs Mooney's inability to work was attributable in no small part to the dismissal satisfied the legal test of causation to a material extent. The evidence supported the Tribunal's conclusion, and there was no error of law. The Tribunal did not permit double recovery, as the calculation properly adjusted for notice pay actually received.

Court Disposition

Appeal dismissed

Orders

  • The appeal by the Respondents is dismissed.