Glasgow City Council v. Rayton [2008] UKEAT 0005_07_0901 (9 January 2008)

Glasgow City Council v. Rayton [2008] UKEAT 0005_07_0901 (9 January 2008)

The Tribunal erred by failing to determine when the claimant would have obtained alternative employment had he properly mitigated his loss, and by calculating pension loss on a basis inconsistent with its findings on mitigation. The awards for loss of earnings and pension loss were set aside and the case remitted...

Source-derived case information.

Citation
[2008] UKEAT 0005_07_0901
Parties
Respondent: Claimant; Appellants: Respondents
Jurisdiction
United Kingdom
Judgment Date
09 January 2008
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Judgment on Remedies
Outcome
Appeal allowed; awards for loss of earnings and pension loss set aside; case remitted to same Tribunal for reconsideration.
Legal Topics
Unfair Dismissal, Compensation, Mitigation of Loss, Pension Loss
Employment Law Unfair Dismissal Compensation Mitigation of Loss Pension Loss

Source-derived case record

Summary, issues, holding and outcome

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Parties

Claimant

Respondent

Respondents

Appellants

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Judgment on Remedies

Legal Issues

  1. 1 Whether the Employment Tribunal erred in calculating compensation for loss of earnings after finding a failure to mitigate loss
  2. 2 Whether the Tribunal erred in its approach to pension loss given its findings on mitigation

Ratio Decidendi

The Tribunal erred by failing to determine when the claimant would have obtained alternative employment had he properly mitigated his loss, and by calculating pension loss on a basis inconsistent with its findings on mitigation. The awards for loss of earnings and pension loss were set aside and the case remitted for proper calculation.

Court Disposition

Appeal allowed; awards for loss of earnings and pension loss set aside; case remitted to same Tribunal for reconsideration.

Orders

  • Set aside awards for loss of earnings and pension loss.
  • Remit to same Employment Tribunal to determine when claimant would have obtained alternative local authority employment, to calculate compensation for loss of earnings up to that point, and to calculate pension loss taking account of pension entitlements in such alternative employment.