University Of Sunderland v Drossou (Unfair Dismissal) [2017] UKEAT 0341_16_1306 (13 June 2017)

University Of Sunderland v Drossou (Unfair Dismissal) [2017] UKEAT 0341_16_1306 (13 June 2017)

Employer pension contributions are included in the calculation of a week's pay for the statutory cap on compensatory awards under ERA 1996 section 124(1ZA)(b), as section 221(2) does not require remuneration to be paid directly to the employee. The Employment Tribunal erred in failing to reduce the basic award for contributory fault by 35% where the same conduct justified such a reduction in the compensatory award.

Citation
[2017] UKEAT 0341_16_1306
Parties
Appellant/respondent: University of Sunderland; Respondent/claimant: Ms Drossou
Jurisdiction
United Kingdom
Judgment Date
13 June 2017
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal's Remedy Judgment
Outcome
Appeal allowed in part; ground 1 dismissed, ground 3 allowed, ground 2 withdrawn.
Legal Topics
Unfair Dismissal, Compensation Calculation, Reinstatement, Pension Contributions, Contributory Fault
Employment Law Unfair Dismissal Compensation Calculation Reinstatement Pension Contributions Contributory Fault

Case Brief

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Parties

University of Sunderland

Appellant/respondent

Ms Drossou

Respondent/claimant

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal's Remedy Judgment

Legal Issues

  1. 1 Whether employer pension contributions are included in the calculation of a week's pay for the statutory cap on compensatory awards under ERA 1996 section 124(1ZA)(b)
  2. 2 Whether the Employment Tribunal erred in failing to reduce the basic award for contributory fault under ERA 1996 section 122(2)

Ratio Decidendi

Employer pension contributions are included in the calculation of a week's pay for the statutory cap on compensatory awards under ERA 1996 section 124(1ZA)(b), as section 221(2) does not require remuneration to be paid directly to the employee. The Employment Tribunal erred in failing to reduce the basic award for contributory fault by 35% where the same conduct justified such a reduction in the compensatory award.

Court Disposition

Appeal allowed in part; ground 1 dismissed, ground 3 allowed, ground 2 withdrawn.

Orders

  • The original basic award is set aside and substituted with a basic award reduced by £2,128, resulting in a basic award of £3,904 to be paid to the Claimant.