Gent Ltd v Davies [1993] UKEAT 354_92_0402 (4 February 1993)

The Tribunal's compensation award was fatally flawed due to failure to apply the correct legal tests regarding uncertainty of re-employment and material miscalculations in the sums awarded, requiring the matter to be remitted for rehearing before a different Tribunal.

Source-derived case information.

Citation: [1993] UKEAT 354_92_0402
Parties: Respondent: Mr Davies; Appellants: Appellants (unnamed)
Jurisdiction: United Kingdom
Judgment Date: 04 February 1993
Procedural Posture: Employment Appeal / Appeal From Industrial Tribunal on Compensation Assessment
Outcome: Appeal allowed; compensation decision set aside; matter remitted for rehearing before a different Tribunal.
Legal Topics: Unfair Dismissal, Redundancy, Compensation Calculation, Procedural Fairness

Employment Law Unfair Dismissal Redundancy Compensation Calculation Procedural Fairness

Source-derived case record

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 10

Parties

Mr Davies

Respondent

Appellants (unnamed)

Appellants

Procedural Posture

Employment Appeal / Appeal From Industrial Tribunal on Compensation Assessment

Legal Issues

1 Whether the Industrial Tribunal correctly applied legal principles in calculating compensation for unfair dismissal
2 Whether the Tribunal erred in failing to apply a percentage discount for uncertainty of re-employment
3 Whether the Tribunal made material miscalculations in the compensation award

Ratio Decidendi

Court Disposition

Appeal allowed; compensation decision set aside; matter remitted for rehearing before a different Tribunal.

Orders

Remit compensation assessment to a different Tribunal for rehearing.

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