Edwards v. Hanson School [2001] UKEAT 314_99_1101 (11 January 2001)

Edwards v. Hanson School [2001] UKEAT 314_99_1101 (11 January 2001)

Where an employee's illness leading to dismissal is alleged to have been caused by the employer's conduct, the Employment Tribunal must consider whether it is just and equitable to make a compensatory award, and cannot simply disregard such allegations; the Tribunal erred in law by failing to investigate and consider these matters after finding unfair dismissal.

Citation
[2001] UKEAT 314_99_1101
Parties
Appellant: Mr Edwards; Respondents: Governors of Hanson School / First Assist Group Ltd
Jurisdiction
United Kingdom
Judgment Date
11 January 2001
Procedural Posture
Employment Appeal Tribunal Appeal / Appeal From Employment Tribunal and Remittal for Reconsideration of Compensatory Award
Outcome
Appeal allowed; case remitted to a fresh Tribunal to reconsider compensatory award.
Legal Topics
Unfair Dismissal, Compensatory Award, Causation of Illness, Procedural Fairness, Substantive Fairness
Employment Law Unfair Dismissal Compensatory Award Causation of Illness Procedural Fairness Substantive Fairness

Case Brief

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Parties

Mr Edwards

Appellant

Governors of Hanson School / First Assist Group Ltd

Respondents

Procedural Posture

Employment Appeal Tribunal Appeal / Appeal From Employment Tribunal and Remittal for Reconsideration of Compensatory Award

Legal Issues

  1. 1 Whether an Employment Tribunal can deny a compensatory award for unfair dismissal where the illness making dismissal inevitable was allegedly caused by the employer's conduct
  2. 2 Whether the Tribunal erred in failing to consider the applicant's allegations of employer-caused illness in assessing compensation
  3. 3 Whether the distinction between procedural and substantive unfairness affects the compensatory award

Ratio Decidendi

Where an employee's illness leading to dismissal is alleged to have been caused by the employer's conduct, the Employment Tribunal must consider whether it is just and equitable to make a compensatory award, and cannot simply disregard such allegations; the Tribunal erred in law by failing to investigate and consider these matters after finding unfair dismissal.

Court Disposition

Appeal allowed; case remitted to a fresh Tribunal to reconsider compensatory award.

Orders

  • Remit the question of a compensatory award to a fresh Employment Tribunal for reconsideration.