This is a preview. To continue reading please log in or Register to read this article

Unfair dismissal: 'Ex gratia' payment deducted from award

This report relates to 1 case(s)

  • expand disabled

    Stark v DCM Optical Clinic plc [2004] All ER (D) 50 (Aug) EAT (0 other reports)

Key points

In DCM Optical Clinic plc v Stark, the EAT holds:

  • The tribunal erred in law in holding that the ex gratia payment given to the applicant on termination of his employment, in return for agreeing to work his notice period to ensure a smooth handover, should not be deducted from the compensatory award payable to the applicant following an unfair dismissal.

Mr Stark was employed by DCM Optical Clinic plc ("DCM") as a group financial controller.