Botham v. Destec Engineering Ltd [2001] UKEAT 465_00_1110 (11 October 2001)

Botham v. Destec Engineering Ltd [2001] UKEAT 465_00_1110 (11 October 2001)

The appellant's loss attributable to unfair dismissal ended when he commenced his university course; subsequent employment opportunities are irrelevant to mitigation as no further loss was found beyond that date.

Citation
[2001] UKEAT 465_00_1110
Parties
Appellant: Mr Botham; Respondent: Destec Engineering Ltd
Jurisdiction
United Kingdom
Judgment Date
11 October 2001
Procedural Posture
Employment Appeal / Full Appeal Hearing
Outcome
Appeals dismissed
Legal Topics
Unfair Dismissal, Redundancy, Mitigation of Loss
Employment Law Unfair Dismissal Redundancy Mitigation of Loss

Case Brief

Summary, issues, holding and outcome

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Parties

Mr Botham

Appellant

Destec Engineering Ltd

Respondent

Procedural Posture

Employment Appeal / Full Appeal Hearing

Legal Issues

  1. 1 Whether the appellant was unfairly dismissed
  2. 2 Whether the appellant was entitled to compensation equal to a fellow employee
  3. 3 Whether the appellant's duty to mitigate loss extended beyond the cut-off date for loss

Ratio Decidendi

The appellant's loss attributable to unfair dismissal ended when he commenced his university course; subsequent employment opportunities are irrelevant to mitigation as no further loss was found beyond that date.

Court Disposition

Appeals dismissed

Orders

  • Appeal against substantive Decision dismissed
  • Appeal against Review Decision dismissed