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Deducting state benefits from unfair dismissal compensation

When calculating a claimant’s loss resulting from his/her unfair dismissal, a tribunal will not deduct receipt of Job Seeker’s Allowance and Income Support because both are subject to the rule relating to ‘recoupment’. In effect, recoupment requires the employer to deduct from the compensation award the amount received by the claimant in respec...MORE

Redundancy and duty to make reasonable adjustments

The Employment Appeal Tribunal (EAT) has ruled that a disabled worker’s employer failed to make reasonable adjustments to accommodate her disability and the discrimination contributed to her unfair redundancy selection. The Claimant had worked as a band 6 senior occupational therapist but her deteriorating eyesight meant that she could not co...MORE

Circumstances in which an employee with a pending appeal against dismissal transfers under TUPE

On the facts of the case, the EAT ruled that an employee who had a pending appeal against her dismissal did not transfer under TUPE. The Claimant worked in a care home owned by Southern Cross. She was summarily dismissed for misconduct and appealed. However, before her appeal was heard the care home was transferred by Southern Cross to a new...MORE