R&M Gaskarth v Mooney & Mooney  UKEAT/0196/12/DMPosted In: Case Law
Legal BodyEmployment Appeal Tribunal (UKEAT)
Type of Claim / JurisdictionUnfair Dismissal
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
Already a subscriber?
Click here to login and access the full article.Log in now to read the full article
Don't miss out, start your free trial today!
Are you fully aware of the benefits of Legal-Island's Employment Law Update Service? We help hundreds of people like you understand how the latest changes in employment law impact on your business.
Help understand the ramifications of each important case from NI, GB and Europe
24/7 access to all the content in the Legal Island Vault for research case law and HR issues
Ensure your organisation’s policies and procedures are fully compliant with NI law
Receive free preliminary advice on workplace issues from the employment team at Worthingtons Solicitors
The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.