R&M Gaskarth v Mooney & Mooney [2013] UKEAT/0196/12/DM

Posted In: Case Law
  • Case Reference
  • Legal Body
    Employment Appeal Tribunal (UKEAT)
  • Type of Claim / Jurisdiction
Issues covered: Attribution; Causation; Compensatory awards; Depression; Ill health

The Respondents challenged the award of compensation made to a husband and wife who suffered Unfair Dismissal from their jobs at the Golden Lion. Their first argument was based on their view that the period of time where the wife was unable to work, and for which compensation was awarded, was caused by ‘organic symptoms’ and not by depression caused by the dismissal. Hence, the husband’s time off work to look after his wife is not attributable to the dismissals.

The Employment Tribunal’s findings were that the depression caused the absence ‘in no small part’. The correct test which should have been used and was not cited to the Employment Tribunal, is found in Dignity Funerals v Bruce

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This article is correct at 30/08/2013

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