Morgans v. Alpha Plus Security Ltd [2005] UKEAT 0438_04_1701 (17 January 2005)

Morgans v. Alpha Plus Security Ltd [2005] UKEAT 0438_04_1701 (17 January 2005)

Incapacity benefit received by an unfairly dismissed employee must be fully deducted from compensation, as s123 ERA 1996 requires actual pecuniary loss to be calculated; there is no jurisdiction to disregard receipts or award more than the real loss suffered.

Source-derived case information.

Citation
[2005] UKEAT 0438_04_1701
Parties
Appellant: Mr Morgans; Respondent: Alpha Plus Security Ltd
Jurisdiction
United Kingdom
Judgment Date
17 January 2005
Procedural Posture
Employment Appeal / Appeal Against Remedies Decision
Outcome
appeal dismissed
Legal Topics
Unfair Dismissal, Compensation Calculation, Deduction of Incapacity Benefit
Employment Law Unfair Dismissal Compensation Calculation Deduction of Incapacity Benefit

Source-derived case record

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Parties

Mr Morgans

Appellant

Alpha Plus Security Ltd

Respondent

Procedural Posture

Employment Appeal / Appeal Against Remedies Decision

Legal Issues

  1. 1 Whether incapacity benefit should be deducted in full from compensation for unfair dismissal
  2. 2 Resolution of inconsistency between EAT decisions in Puglia and Rubenstein

Ratio Decidendi

Incapacity benefit received by an unfairly dismissed employee must be fully deducted from compensation, as s123 ERA 1996 requires actual pecuniary loss to be calculated; there is no jurisdiction to disregard receipts or award more than the real loss suffered.

Court Disposition

appeal dismissed

Orders

  • Incapacity benefit must be fully deducted from compensation for unfair dismissal
  • Employment Tribunal's remedies decision affirmed