Unfair Dismissal Compensatory Award
By Liam - Friday, November 23rd, 2007
The EAT have handed down their judgment in Dalia Ros & Daniel Angel T/A Cherry Tree Day Nursery v Fanstone. The case concerns compensation for Unfair Dismissal where the employee was unfairly dismissed 10 minutes before the expiry of her notice following her resignation.
The Tribunal awarded a £5,000.00 compensatory award. The EAT found this to be incorrect. This is no great surprise - it stands to reason that any losses should be limited to the time the resignation was to take effect because even without the dismissal, any losses after the time of the resignation would still have occurred. Such losses therefore can not be said to flow from the dismissal and therefore are not recoverable in an unfair dismissal claim.
One does wonder what possessed the employer to dismiss 10 minutes before the expiry of the employee’s resignation - for the sake of getting shot of the employee 10 minutes earlier, the employer has had to fork out £1,740.00 for a basic award. For a longer serving employee, this basic award could have been up to £9,300.00 - a lot of money for the sake of 10 minutes!
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