Fulthorpe & Anor v Heal (Contract of Employment : Damages for breach of contract) [2012] UKEAT 0420_11_2001 (20 January 2012)

Fulthorpe & Anor v Heal (Contract of Employment : Damages for breach of contract) [2012] UKEAT 0420_11_2001 (20 January 2012)

Default and review judgments conclusively determined joint and several liability for compensation; appeal against those judgments was out of time and cannot be reopened; remedy judgment stands unchallenged as to quantum.

Citation
[2012] UKEAT 0420_11_2001
Parties
First Appellant: Mr Jonathan Fulthorpe; Second Appellant: Asturius Europe Ltd; Respondent: Ms Heal
Jurisdiction
United Kingdom
Judgment Date
20 January 2012
Procedural Posture
Employment Appeal / Appeal Against Remedy Judgment
Outcome
Appeal dismissed
Legal Topics
Breach of Contract, Unlawful Deduction From Wages, Sex Discrimination, Injury to Feelings, Joint and Several Liability, Liquidation

Case Brief

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Parties

Mr Jonathan Fulthorpe

First Appellant

Asturius Europe Ltd

Second Appellant

Ms Heal

Respondent

Procedural Posture

Employment Appeal / Appeal Against Remedy Judgment

  1. 1 Whether Mr Fulthorpe is personally liable for compensation awarded to the Claimant
  2. 2 Whether appeal against default and review judgments can be entertained out of time
  3. 3 Whether compensation for injury to feelings should be apportioned between Respondents

Ratio Decidendi

Default and review judgments conclusively determined joint and several liability for compensation; appeal against those judgments was out of time and cannot be reopened; remedy judgment stands unchallenged as to quantum.

Court Disposition

Appeal dismissed

Orders

  • Default and review judgments stand
  • Remedy judgment stands