Barker v Micro Image Technology Ltd (t/a Laporte Electronics) [1998] UKEAT 1295_98_1902 (19 February 1998)
The Tribunal was entitled to reduce compensation to nil based on the applicant's culpable and blameworthy conduct, including matters discovered after dismissal, and such reduction can be made without first quantifying the loss.
- Citation
- [1998] UKEAT 1295_98_1902
- Parties
- Appellant: Mr Barker; Respondent: Laporte Electronics trading as Micro Image Technology Limited
- Jurisdiction
- United Kingdom
- Judgment Date
- 19 February 1998
- Procedural Posture
- Employment Appeal / Preliminary Hearing on Arguable Point of Law in Notice of Appeal
- Outcome
- Appeal dismissed
- Legal Topics
- Unfair Dismissal, Compensation Reduction, Trust and Confidence, Health and Safety
Case Brief
Summary, issues, holding and outcome
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Parties
Mr Barker
Appellant
Laporte Electronics trading as Micro Image Technology Limited
Respondent
Procedural Posture
Employment Appeal / Preliminary Hearing on Arguable Point of Law in Notice of Appeal
Legal Issues
- 1 Whether the Employment Tribunal erred in reducing compensation to nil based on post-dismissal conduct and without knowing the quantum of loss
- 2 Whether the destruction of trust and confidence as a supervisor equates to loss of trust as an employee
Ratio Decidendi
The Tribunal was entitled to reduce compensation to nil based on the applicant's culpable and blameworthy conduct, including matters discovered after dismissal, and such reduction can be made without first quantifying the loss.
Court Disposition
Appeal dismissed
Orders
- Legal Aid taxation of the Appellant's cost granted
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