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Unfair dismissal remedies: "Redundancy" payment reduces basic award only if employee was in fact redundant

This report relates to 1 case(s)

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    Boorman v Allmakes Ltd [1995] IRLR 553 CA (0 other reports)

In Boorman v Allmakes Ltd, the Court of Appeal holds that an industrial tribunal cannot deduct an ex gratia payment made to an unfairly dismissed employee by an employer from the employee's basic award unless the dismissal was in fact by reason of redundancy. It was not enough that part of the payment was expressed to be redundancy pay, even though the employee accepted that description at the time of the dismissal.