Bowyer v Siemens - compensation for unfair dismissal when an employee's entitlement would otherwise be above the statutory cap.
if redundancy is not the real reason for a dismissal a payment to the employee stated to be by way of redundancy pay cannot be set-off against unfair dismissal award if the employee succeeds in a claim that the dismissal was unfair.
Mrs Bowyer was employed by Siemens for 17 years. Siemens dismissed her, the stated reason being redundancy. They paid her severance pay made up of £6,240.00 calculated in the manner of statutory redundancy pay and £3,814.54 under the employment contract.
Mrs Bowyer brought a claim of unfair dismissal.