The Respondents challenged the award of compensation made to a husband and wife who suffered Unfair Dismissal from their jobs at the Golden Lion. Their first argument was based on their view that the period of time where the wife was unable to work, and for which compensation was awarded, was caused by ‘organic symptoms’ and not by depression caused by the dismissal. Hence, the husband’s time off work to look after his wife is not attributable to the dismissals.

The Employment Tribunal’s findings were that the depression caused the absence ‘in no small part’. The correct test which should have been used and was not cited to the Employment Tribunal, is found in Dignity Funerals v Bruce [2005] IRLR 189. This is the loss caused by the dismissal ‘to any material extent’. The ET in fact used a more rigorous test, and in doing so it was open to them, based on the evidence given, to find in favour of the wife. If her appeal failed, so must the husband’s. The second issue to arise was whether the ET, in the calculation of the awards, had allowed each Claimant a sum by double recovery; however on further examination it was apparent that they had not. http://bit.ly/16YbmUX