Representation:-

• in the context of an unfair dismissal claim, the Court of Session confirmed that it was essential for a tribunal to make clear findings of fact about the cause of the employee's financial loss before exercising its discretion to make a compensatory award.
  
• specifically, when calculating compensatory award due to an employee who could not work after his dismissal because of illness (and who therefore suffered considerable loss), a Tribunal must consider whether the illness was caused by the dismissal. If dismissal was the sole cause of the illness then the employee would be entitled to compensatory award in full but otherwise an appropriate deduction should be made.

For relevant general notes see Unfair dismissal/compensatory award/calculation of .