Constantine v. McGregor Cory Ltd [2000] EAT 236_99_0302 (3 February 2000)

Constantine v. McGregor Cory Ltd [2000] EAT 236_99_0302 (3 February 2000)

The Tribunal committed two material errors of law: failing to explain and consider reinstatement/re-engagement remedies as required by statute, and assessing compensation solely on the balance of probabilities rather than reflecting the loss of a chance. These errors warrant remission for reconsideration of remedy.

Citation
[2000] EAT 236_99_0302
Parties
Appellant: Mr C Constantine; Respondent: McGregor Cory Ltd
Jurisdiction
United Kingdom
Judgment Date
03 February 2000
Procedural Posture
Employment Appeal / Appeal Hearing
Outcome
appeal allowed; matter remitted for reconsideration of remedy
Legal Topics
Unfair Dismissal, Remedy, Redundancy, Compensation, Reinstatement, Re Engagement
Employment Law Unfair Dismissal Remedy Redundancy Compensation Reinstatement Re Engagement

Case Brief

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Parties

Mr C Constantine

Appellant

McGregor Cory Ltd

Respondent

Procedural Posture

Employment Appeal / Appeal Hearing

Legal Issues

  1. 1 Whether the Employment Tribunal erred in failing to explain and consider reinstatement/re-engagement remedies as required by statute
  2. 2 Whether the Tribunal erred in assessing compensation solely on the balance of probabilities rather than reflecting the loss of a chance

Ratio Decidendi

The Tribunal committed two material errors of law: failing to explain and consider reinstatement/re-engagement remedies as required by statute, and assessing compensation solely on the balance of probabilities rather than reflecting the loss of a chance. These errors warrant remission for reconsideration of remedy.

Court Disposition

appeal allowed; matter remitted for reconsideration of remedy

Orders

  • Remission to same Tribunal (unless impracticable) for reconsideration of remedy including reinstatement/re-engagement and compensation reflecting loss of a chance
  • Directions hearing to determine scope of evidence if parties cannot agree