Assessing compensation in concurrent unfair and wrongful dismissal claims (News, 5 September 2016)

Table of contents

• Impact of this case
• Relevant law
• Background facts and decision of the employment tribunal
• Judgment of the EAT

Article summary

When calculating the compensatory award in respect of an unfair dismissal claim in circumstances in which there is a concurrent claim of wrongful dismissal, the employment tribunal has a choice as to how to approach its task. It can either start at the expiry of the period compensated by the wrongful dismissal award or it can calculate the unfair dismissal compensation from the effective date of termination and then deduct any sum due by way of pay for the notice period. Where an ACAS uplift is only to apply to the unfair dismissal award, this might be a relevant consideration for the tribunal in deciding which method to adopt. EAT: Shifferaw v Hudson Music Co.