Joslyn & Anor v [1996] UKEAT 533_95_2406 (24 June 1996)

Joslyn & Anor v [1996] UKEAT 533_95_2406 (24 June 1996)

The correct method for calculating compensation in pregnancy dismissal cases is to first determine the difference between what the complainant would have earned and what she actually earned, and then apply the relevant percentage chance to that loss. The MOD's approach of deducting actual earnings after applying the...

Source-derived case information.

Citation
[1996] UKEAT 533_95_2406
Parties
Appellant: MOD; Respondent: Mrs Joslyn; Respondent: Mrs Nixon; Respondent: Mrs Thompson
Jurisdiction
United Kingdom
Judgment Date
24 June 1996
Procedural Posture
Employment Appeal Tribunal / Appeal
Outcome
Appeals and cross-appeals dismissed; MOD refused leave to amend.
Legal Topics
Sex Discrimination, Pregnancy Dismissal, Compensation Calculation, Contributory Fault, Loss of Earnings
Employment Law Discrimination Sex Discrimination Pregnancy Dismissal Compensation Calculation Contributory Fault Loss of Earnings

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Parties

MOD

Appellant

Mrs Joslyn

Respondent

Mrs Nixon

Respondent

Mrs Thompson

Respondent

Procedural Posture

Employment Appeal Tribunal / Appeal

Legal Issues

  1. 1 Proper method for calculating compensation in pregnancy dismissal cases
  2. 2 Application of percentage chances to loss calculations
  3. 3 Appropriate deduction for actual earnings

Ratio Decidendi

The correct method for calculating compensation in pregnancy dismissal cases is to first determine the difference between what the complainant would have earned and what she actually earned, and then apply the relevant percentage chance to that loss. The MOD's approach of deducting actual earnings after applying the percentage to potential earnings is incorrect in law and does not provide full or fair compensation.

Court Disposition

Appeals and cross-appeals dismissed; MOD refused leave to amend.

Orders

  • MOD refused leave to argue Derwent Coaches point.
  • Appeals and cross-appeals dismissed.