Dafiaghor-Olumu v Community Integrated Care [2022]
Decision Number: EAT 84 Legal Body: Employment Appeal Tribunal (Scotland)
Published on: 23/06/2022
Article Authors The main content of this article was provided by the following authors.
Jason Elliott BL Barrister & Associate Head of School of Law, Ulster University
Jason Elliott BL Barrister & Associate Head of School of Law, Ulster University
Jason elliott new
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Jason Elliott was called to the Bar of Northern Ireland in 2013 and is the Associate Head of School of Law at Ulster University.  As a practising barrister, he has developed a largely civil practice representing individuals, companies and public bodies in litigation. This covers a wide range of areas including personal injuries, wills and employment law. In terms of employment law, he has represented both applicants and respondents in the Industrial Tribunal.   At Ulster University, Jason lectures extensively on the civil areas of practise such as Equity and Trusts and delivers employment law lectures for both undergraduate and postgraduate students.

Claimant/Appellant:
Dafiaghor-Olumu
Respondent:
Community Integrated Care
Background

The claimant was successful in her claim for unfair dismissal. The issue arising in this appeal related to the decision made at the remedies hearing. At the initial remedies hearing the claimant sought compensation and re-engagement. The Tribunal awarded compensation but did not order re-engagement. At a second remedies hearing, re-engagement was again refused but the level of compensation was increased from £46,153.55 to £128,961.59. The issue arising for the EAT to decide upon was whether the Tribunal should have deducted the £46,153.55 (which had already been paid by the second remedies hearing) from the second award and then used the statutory cap of £74,200.

The EAT noted that the respondent had complied with the remedy that was originally

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Disclaimer 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. This article is correct at 23/06/2022