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Unfair dismissal remedies: Half of invalidity benefit deductible from compensatory award

This report relates to 1 case(s)

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    Rubenstein and Roskin t/a McGuffies Dispensing Chemists v McGloughlin [1996] IRLR 557 EAT (0 other reports)

In Rubenstein and Roskin (t/a McGuffies Dispensing Chemists) v McGloughlin [1996] IRLR 557, the EAT holds that only half of the invalidity benefit received by an unfairly dismissed employee after her dismissal should be deducted from the compensatory award. Drawing an analogy with the statutory provision for half-deduction of certain social security benefits from damages for personal injuries, the EAT concludes that in the case of benefits to which the claimant has contributed, but which are not in the nature of "pure insurance monies", the just and equitable solution is to deduct half of the benefits received.