Balgillo Caterers Ltd v. Karim [2003] UKEAT 0043_02_2804 (28 April 2003)

Balgillo Caterers Ltd v. Karim [2003] UKEAT 0043_02_2804 (28 April 2003)

Applicant's entitlement to redundancy payment stands as employment position regulates entitlement; award for damages in lieu of notice quashed due to lack of actual loss and credibility issues regarding mitigation.

Citation
[2003] UKEAT 0043_02_2804
Parties
Appellant: Applicant; Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
28 April 2003
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
appeal partially allowed
Legal Topics
Redundancy Payment, Damages in Lieu of Notice, Transfer of Undertakings, Mitigation of Loss
Employment Law Redundancy Payment Damages in Lieu of Notice Transfer of Undertakings Mitigation of Loss

Case Brief

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Parties

Applicant

Appellant

Respondent

Respondent

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 entitlement to statutory redundancy payment
  2. 2 damages in lieu of notice for breach of contract
  3. 3 effect of relevant transfer under TUPE

Ratio Decidendi

Applicant's entitlement to redundancy payment stands as employment position regulates entitlement; award for damages in lieu of notice quashed due to lack of actual loss and credibility issues regarding mitigation.

Court Disposition

appeal partially allowed

Orders

  • award of £649.84 quashed
  • amended redundancy payment of £539.91 stands