LIST OF CASES / Morgans v Alpha Plus Security Ltd EAT 2005

EAT on 17th January 2005 (reported at [2005] ICR 525, EAT and at [2005] IRLR 234)

NOTES

Morgans v Alpha Plus Security Ltd, EAT on 17th January 2005, reported at [2005] ICR 525, EAT.

The full text of this judgment is available free of charge on the BAILII website.

Representation:

Mr Martin Wynne Jones (barrister) for Mr Morgans

Mr Andrew Knorpel (solicitor) for Alpha Plus Security Ltd

Authority for the proposition that:-

when assessing compensatory award on unfair dismissal, the employee must give full credit for any incapacity benefit he has received as a result of losing his job.

editor's note:
the reasoning underlying this decision (which has subsequently been followed in Brien t/a Merafield View Nursing Home v Crisp, EAT 20th September 2005) appears to be diametrically opposed to that underlying the January 2005 EAT decision in Voith Turbo Ltd v Stowe EAT 2005 . Hopefully the Court of Appeal will be asked to resolve the issue - it suggested in Langley & anor v Burlo CA 2006 EWCA Civ 1778, Court of Appeal on 21st December 2006 that the time is ripe for doing so.

For relevant general notes see Unfair dismissal/compensatory award/non-reduction for state benefits and/or Compensation/mitigation of loss .

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prepared Jan2005