Silvey v Pendragon plc [2001] IRLR 685 CA

Reports relating to this case:

  • Tribunal's assessment of disability was unfair

    Date:
    01 July 2001

    When determining a disability discrimination claim, a tribunal should have considered the tasks the plaintiff could not, rather than could, perform. Plus, cases on constructive dismissal, disciplinary hearings and finding a race discrimination comparator.

  • Damages: Damages were payable for accrued pension rights lost as a result of unlawful termination

    Date:
    01 July 2001

    An employee who was summarily and wrongfully dismissed 12 days before his 55th birthday, albeit with 12 weeks' pay in lieu of notice, was in principle entitled to claim damages made up of the amount that he would have been paid but for the employer's repudiatory breach of his contract of employment, holds the Court of Appeal in Silvey v Pendragon plc.