Incapability: Cause of incapability is irrelevant to fairness

This report relates to 1 case(s)

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  London Fire & Civil Defence Authority v Betty [1994] IRLR 384 EAT (1 other report)

  • Unfair dismissal remedies: Employer-caused illness is relevant to determination of compensatory award

    Date:

    15 March 2001

    An employment tribunal was wrong to conclude that an employee's allegations, that unfair treatment over a period of years at the hands of his employer caused, perpetuated and exacerbated the problems of work-related stress and depression that led to his dismissal, were irrelevant to the question whether it would be "just and equitable" to make a compensatory award for unfair dismissal under s.123(1) of the Employment Rights Act ("the ERA"), holds the EAT in Edwards v Governors of Hanson School.