Mansi & Anor v Warne & Ors [2003] UKEAT 853_02_2005 (20 May 2003)

Mansi & Anor v Warne & Ors [2003] UKEAT 853_02_2005 (20 May 2003)

The Tribunal was not required to award separate compensation for failure to consult under TUPE; reduction of Mrs Mansi's loss period was lawful; refusal to award costs was lawful; Tribunal erred in reducing Mr Mansi's compensatory award by income from separate employment that predated dismissal.

Source-derived case information.

Citation
[2003] UKEAT 853_02_2005
Parties
Appellant: Mr Mansi; Appellant: Mrs Mansi; 1st Respondent: Mr Warne; 2nd Respondent: Mr Straw; 2nd Respondent: Mrs Straw
Jurisdiction
United Kingdom
Judgment Date
20 May 2003
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision
Outcome
appeal dismissed in part, allowed in part
Legal Topics
Unfair Dismissal, Breach of Contract, Transfer of Undertakings (protection of Employment) Regulations 1981, Compensation, Costs, Mitigation of Loss
Employment Law Unfair Dismissal Breach of Contract Transfer of Undertakings (protection of Employment) Regulations 1981 Compensation Costs Mitigation of Loss

Source-derived case record

Summary, issues, holding and outcome

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Parties

Mr Mansi

Appellant

Mrs Mansi

Appellant

Mr Warne

1st Respondent

Mr Straw

2nd Respondent

Mrs Straw

2nd Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether the Employment Tribunal erred in not awarding separate compensation for failure to consult under TUPE Regulations
  2. 2 Whether the reduction of Mrs Mansi's period of loss was lawful given her medical condition
  3. 3 Whether the refusal to award costs was lawful

Ratio Decidendi

The Tribunal was not required to award separate compensation for failure to consult under TUPE; reduction of Mrs Mansi's loss period was lawful; refusal to award costs was lawful; Tribunal erred in reducing Mr Mansi's compensatory award by income from separate employment that predated dismissal.

Court Disposition

appeal dismissed in part, allowed in part

Orders

  • Mr Mansi awarded further sum of £1078
  • No order as to costs