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Compensation: Loss between dismissal and reinstatement wiped out by cap

This report relates to 1 case(s)

  • expand disabled

    Parry v National Westminster Bank plc [2005] IRLR 193 CA (0 other reports)

Key points

In Parry v National Westminster Bank plc, the Court of Appeal holds:

  • An employment tribunal's award of compensation in respect of arrears of pay and benefits, in a case where the employer failed to comply with an order to reinstate the unfairly dismissed employee, formed part of the compensatory award to which the statutory maximum cap applied.
  • This was subject to the proviso that if the amount of the arrears, in itself, exceeds the statutory maximum compensatory award, the statutory cap will be disapplied to the extent necessary to fully reflect that amount.