Ros & Anor (t/a Cherry Tree Day Nursery) v. Fanstone [2007] UKEAT 0273_07_1409 (14 September 2007)

Ros & Anor (t/a Cherry Tree Day Nursery) v. Fanstone [2007] UKEAT 0273_07_1409 (14 September 2007)

Compensation for forward loss of earnings is not recoverable where the employee would have resigned in any event, as such loss is not attributable to the dismissal. However, failure to provide written particulars entitles the employee to compensation under section 38 of the Employment Act 2002.

Source-derived case information.

Citation
[2007] UKEAT 0273_07_1409
Parties
Claimant: Claimant; Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
14 September 2007
Procedural Posture
Employment Appeal / Appeal Against Employment Tribunal Judgment
Outcome
Appeal allowed in part; award of £5,000 for forward loss of earnings set aside; compensation for failure to provide written particulars upheld.
Legal Topics
Unfair Dismissal, Compensation, Written Particulars of Employment, Default Judgment, Section 1 Employment Rights Act 1996, Section 38 Employment Act 2002
Employment Law Unfair Dismissal Compensation Written Particulars of Employment Default Judgment Section 1 Employment Rights Act 1996 Section 38 Employment Act 2002

Source-derived case record

Summary, issues, holding and outcome

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Parties

Claimant

Claimant

Respondent

Respondent

Procedural Posture

Employment Appeal / Appeal Against Employment Tribunal Judgment

Legal Issues

  1. 1 Whether compensation for forward loss of earnings is attributable to dismissal when employee would have resigned anyway
  2. 2 Whether failure to provide written particulars entitles employee to compensation

Ratio Decidendi

Compensation for forward loss of earnings is not recoverable where the employee would have resigned in any event, as such loss is not attributable to the dismissal. However, failure to provide written particulars entitles the employee to compensation under section 38 of the Employment Act 2002.

Court Disposition

Appeal allowed in part; award of £5,000 for forward loss of earnings set aside; compensation for failure to provide written particulars upheld.

Orders

  • Set aside award of £5,000 for forward loss of earnings
  • Uphold award of £580 for failure to provide written particulars