Compensation for Loss
by Sarah
It is trite law that when calculating losses at Tribunal the Tribunal will not allow a Claimant to recover twice. If the Claimant has received job seekers allowance this amount is deducted from the compensation payment. Settlements do not require such an approach.
The Employment Appeal Tribunal has recently heard two cases on the same point that Claimant’s who were claiming compensation loss for future in respect of periods when they were receiving incapacity benefit. The EAT held in Shefield Forgemasters International Ltd and Fox and others that receipt of disability benefit did not preclude the Claimants from claiming compensation for loss of earnings during the same period because the relevant statutory provisions enabled a person who was fit to work to claim disability benefit in certain circumstances.
One Claimant was successful in claiming unfair dismissal and the other was successful in claiming disability discrimination. Worth remembering when dealing with losses in Tribunal!
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