Background:

The issue in this case related to a successful finding of unfair dismissal and discrimination.  This was found by the Tribunal and the appeal brought by the appellant here related to the remedy that had been awarded.   There were two principal arguments being raised by the appellate.  The first related to a deduction for contributory fault and the second related to whether there was a break in the chain of causation.

Outcome:

At first instance, the claimant was awarded £41,000 in total ranging from basic/compensatory award for unfair dismissal as well as an award for injury to feelings under the Equality Act relating to disability discrimination.   An argument was made about the break in chain of causation relating to mitigating loss as the claimant had received another job following his dismissal but had then lost this subsequent job.  The EAT held that there was no break in the chain of causation as the subsequent job had been lost through no fault of his own. The second respondent did make a successful argument citing that there could be no claim vis-à-vis unfair dismissal remedy brought against her as an individual and that it would have to be brought against the employer.   On the point of contributory fault that was made, this was dismissed.  The Tribunal, at first instance, had already made a Polkey deduction of 75% and it would be ‘double counting’ to add a contributory fault deduction on top of that.

Practical Guidance for Employers:

This case provides a useful reminder relating to remedies where a claimant is successful.  An interesting, albeit fairly novel, point comes with the break in the chain of causation.  The claim for compensation can continue after subsequent employment has been found where it then ends.  The EAT made it clear that it continued as that employment came to an end through no fault of the claimant.

The full case can be read here: https://www.gov.uk/employment-appeal-tribunal-decisions/1-astha-ltd-2-ms-s-chakraborty-v-mr-s-grewal-2023-eat-170