Konczak v BAE Systems (Operations) Ltd (Practice and Procedure : Compromise) [2012] UKEAT 0498_11_0305 (3 May 2012)

Konczak v BAE Systems (Operations) Ltd (Practice and Procedure : Compromise) [2012] UKEAT 0498_11_0305 (3 May 2012)

Privilege in settlement negotiations was waived by claimant's deliberate disclosure; however, the Employment Tribunal erred in finding that refusal of the £75,000 settlement offer terminated pecuniary loss, as this was not legally permissible given the context and medical evidence. Remedy issue must be remitted to a fresh tribunal for proper determination.

Citation
[2012] UKEAT 0498_11_0305
Parties
Claimant: Mrs Konczak; Respondent: BAE Systems (Operations) Ltd
Jurisdiction
United Kingdom
Judgment Date
03 May 2012
Procedural Posture
Employment Appeal Tribunal / Appeal Against Remedy Judgment and Privilege Ruling
Outcome
Privilege appeal dismissed; remedy appeal allowed; issue of remedy remitted to a fresh Employment Tribunal.
Legal Topics
Unfair Dismissal, Sex Discrimination, Disability Discrimination, Mitigation of Loss, Without Prejudice Privilege, Remedy Calculation
Employment Law Discrimination Law Unfair Dismissal Sex Discrimination Disability Discrimination Mitigation of Loss Without Prejudice Privilege Remedy Calculation

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Parties

Mrs Konczak

Claimant

BAE Systems (Operations) Ltd

Respondent

Procedural Posture

Employment Appeal Tribunal / Appeal Against Remedy Judgment and Privilege Ruling

Legal Issues

  1. 1 Whether privilege in settlement negotiations was waived
  2. 2 Whether refusal of settlement offer terminated claimant's loss
  3. 3 Appropriate calculation of pecuniary and pension loss

Ratio Decidendi

Privilege in settlement negotiations was waived by claimant's deliberate disclosure; however, the Employment Tribunal erred in finding that refusal of the £75,000 settlement offer terminated pecuniary loss, as this was not legally permissible given the context and medical evidence. Remedy issue must be remitted to a fresh tribunal for proper determination.

Court Disposition

Privilege appeal dismissed; remedy appeal allowed; issue of remedy remitted to a fresh Employment Tribunal.

Orders

  • Liability judgment stands.
  • Specified paragraphs of Cook Tribunal remedy judgment stand.