May & Anor v. Harrison [2003] UKEAT 0128_03_2810 (28 October 2003)

May & Anor v. Harrison [2003] UKEAT 0128_03_2810 (28 October 2003)

The Tribunal's reasoning on key aspects of compensation was inadequate, specifically regarding the 2.5% discount, exclusion of occupational pension, and mitigation deductions. The appeal is allowed and the matter is remitted for rehearing on compensation assessment.

Source-derived case information.

Citation
[2003] UKEAT 0128_03_2810
Parties
Applicant: Mrs O Harrison; Respondents: Medical Practitioners Partnership (Respondents)
Jurisdiction
United Kingdom
Judgment Date
28 October 2003
Procedural Posture
Employment Appeal / Appeal Against Employment Tribunal's Compensation Decision
Outcome
Appeal allowed in part; matter remitted to same Tribunal for rehearing on compensation assessment.
Legal Topics
Unfair Dismissal, Sex Discrimination, Compensation Assessment, Mitigation of Loss, Pension Loss
Employment Law Discrimination Law Unfair Dismissal Sex Discrimination Compensation Assessment Mitigation of Loss Pension Loss

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 7 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Mrs O Harrison

Applicant

Medical Practitioners Partnership (Respondents)

Respondents

Procedural Posture

Employment Appeal / Appeal Against Employment Tribunal's Compensation Decision

Legal Issues

  1. 1 Whether the Employment Tribunal erred in assessing compensation for future losses following unfair dismissal and sex discrimination
  2. 2 Whether the Tribunal failed to provide adequate reasons for its compensation calculation
  3. 3 Whether occupational pension benefits should have been considered in the compensation assessment

Ratio Decidendi

The Tribunal's reasoning on key aspects of compensation was inadequate, specifically regarding the 2.5% discount, exclusion of occupational pension, and mitigation deductions. The appeal is allowed and the matter is remitted for rehearing on compensation assessment.

Court Disposition

Appeal allowed in part; matter remitted to same Tribunal for rehearing on compensation assessment.

Orders

  • Matter remitted to same Tribunal for rehearing with evidence if Tribunal chooses.
  • Respondents to apply for a one-day hearing before same Tribunal unless impracticable, in which case a fresh Tribunal will hear the matter.