The claimant in this case was found to have been dismissed unfairly and discriminated against following a period of illness. The employee had a condition known as lupus and had reduced her hours prior to dismissal.
The Tribunal assessed her loss at 25 hours and said that it would stop after a year. The appeal turned on whether the Tribunal erred in adopting the simplified approach rather than substantial loss approach. The case was remitted to the tribunal only to consider continuing loss of earnings. The simplified approach was still held to be correct but the decision needed to be reviewed in the light of any decision taken on continuing loss.
The EAT found that the Tribunal had not given proper consideration to any continuing loss that the claimant may suffer after she had found suitable alternative employment and had made no substantial findings of fact in relation to this. In particular, it had made no finding as to the salary she would be earning.
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