Review of Recent GB DecisionsPosted in : Supplementary Case Law NI on 10 August 2010 Issues covered:
1. Brown v Baxter t/a Careham Hall UKEAT 0354_09-0707
References; stigma damages
The Claimant in this case appealed the Tribunal’s decision on two grounds, firstly that 30% uplift for failing to follow the statutory Dismissal Procedures and secondly the Tribunal’s refusal to consider or allow stigma damages following from a bad reference. The Appeal was dismissed.
The EAT decided in this recent case (July 2010) that losses for stigma damages claimed by an employee who has been unfairly dismissed and later fails to secure another job due to a bad reference, are not attributable if the employer would have provided the reference in any event.
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This article is correct at 06/08/2015
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