D’ambrosio (t/a Lothian Power Clean) v. McGugan [2005] UKEAT 0065_04_2903 (29 March 2005)

D’ambrosio (t/a Lothian Power Clean) v. McGugan [2005] UKEAT 0065_04_2903 (29 March 2005)

The Tribunal was entitled to find that the claimant was dismissed and that the dismissal was unfair, as the respondent acted prematurely in treating the claimant as resigned without clear evidence. The Tribunal's compensation calculation was flawed for failing to consider the claimant's P60, requiring a rehearing on...

Source-derived case information.

Citation
[2005] UKEAT 0065_04_2903
Parties
Claimant: Claimant; Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
29 March 2005
Procedural Posture
Employment Tribunal Appeal / Appeal From Employment Tribunal Decision
Outcome
Appeal allowed in part; case remitted for rehearing on compensation only.
Legal Topics
Unfair Dismissal, Resignation Vs Dismissal, Compensation Calculation
Employment Law Unfair Dismissal Resignation Vs Dismissal Compensation Calculation

Source-derived case record

Summary, issues, holding and outcome

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Parties

Claimant

Claimant

Respondent

Respondent

Procedural Posture

Employment Tribunal Appeal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether the claimant was dismissed or resigned
  2. 2 Whether the dismissal was unfair
  3. 3 Whether compensation was calculated correctly

Ratio Decidendi

The Tribunal was entitled to find that the claimant was dismissed and that the dismissal was unfair, as the respondent acted prematurely in treating the claimant as resigned without clear evidence. The Tribunal's compensation calculation was flawed for failing to consider the claimant's P60, requiring a rehearing on compensation only.

Court Disposition

Appeal allowed in part; case remitted for rehearing on compensation only.

Orders

  • Remit to the same Tribunal for rehearing of the issue of compensation, subject to the 25% deduction already determined.