EAT on 5th January 2006


An example of a case in which:-
  1. it was confirmed that if a dismissal is unfair but it is likely that an employee would have been made redundant in any event at some point in the near future, then a reduction to the compensation awarded for unfair dismissal will be appropriate.
  2. it was also confirmed that in calculating the award of compensation for unfair dismissal, it is possible to make deductions on account of the employee’s contributory conduct which are of different amounts in respect of the basic award and the compensatory award.

For relevant general notes go to Unfair dismissal/compensation calculation/contributory conduct by employee and/or Unfair dismissal/reasons making dismissal prima facie fair/employee guilty of misconduct .

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