Candecca Resources Ltd v Bishop [1998] UKEAT 1083_98_2711 (27 November 1998)

Candecca Resources Ltd v Bishop [1998] UKEAT 1083_98_2711 (27 November 1998)

The Tribunal was entitled to conclude that the applicant could be compensated for loss of earnings up to the date he obtained permanent employment, and the review decision properly revoked the basic award and revised the compensatory award in accordance with statutory provisions and case law.

Source-derived case information.

Citation
[1998] UKEAT 1083_98_2711
Parties
Applicant: Mr Bishop; Respondent: Candecca Resources Ltd
Jurisdiction
United Kingdom
Judgment Date
27 November 1998
Procedural Posture
Employment Appeal / Preliminary Hearing on Appeal From Review Decision
Outcome
First ground of appeal dismissed; remaining grounds to proceed to full hearing.
Legal Topics
Unfair Dismissal, Compensatory Award, Basic Award, Review Procedure, Mitigation of Loss
Employment Law Unfair Dismissal Compensatory Award Basic Award Review Procedure Mitigation of Loss

Source-derived case record

Summary, issues, holding and outcome

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Parties

Mr Bishop

Applicant

Candecca Resources Ltd

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing on Appeal From Review Decision

Legal Issues

  1. 1 Whether the Employment Tribunal erred in revising the compensatory award on review
  2. 2 Whether the Tribunal misapplied section 120 of the Employment Rights Act 1996 regarding the basic award
  3. 3 Whether the chain of causation was broken by agency or permanent employment

Ratio Decidendi

The Tribunal was entitled to conclude that the applicant could be compensated for loss of earnings up to the date he obtained permanent employment, and the review decision properly revoked the basic award and revised the compensatory award in accordance with statutory provisions and case law.

Court Disposition

First ground of appeal dismissed; remaining grounds to proceed to full hearing.

Orders

  • Case to be listed for half a day, category C, for full inter partes hearing.
  • Exchange of skeleton arguments between parties, to be lodged at least 14 days before the hearing.