Optimum Group Services Plc v Muir [2012] UKEATS/0036/12/BI
Published on: 07/12/2012
Issues Covered:
Dismissal
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Background
The Claimant took a TUPE unfair dismissal action against the Respondent, his former employers, and a company to which he claimed his employment had been transferred (Beaumont). Beaumont settled the claim for £20,000 prior to the hearing.The amount of this settlement was not disclosed to the Employment Tribunal, which found there had been an Unfair Dismissal and awarded £23,668 as the compensatory award for loss of earnings,The Respondent appealed on the basis that the settlement with Beaumont ought to have been deducted from this award as the Claimant had recovered twice for the same loss.The Employment Appeal Tribunal allowed the appeal. The compensatory award was should not over compensate a claimant. Compensation cannot be awarded which exceeds the actual loss suffered. Where a claimant seeks compensation from more than one respondent sums already received from one of them must be deducted when assessing the remaining loss the Claimant is seeking to lay at the door of the others.http://bit.ly/V4abxQ
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Disclaimer
The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.
This article is correct at 07/12/2012
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