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Clarke v Governing Body of Hasmonean High School - Findings of fact to be based on evidence, not submissions [2011] EAT

A tribunal must make specific findings of fact (such as how long a dismissed employee may have continued to work) based on evidence, not simply on submissions.

Mr Clarke successfully claimed unfair dismissal against the Governors of Hasmonean School - the School failed to file a response and so it was debarred. Its subsequent application to set aside the default judgment against it failed. Mr Clarke claimed on year's salary as compensation - he was 68 at the time and intended to carry on a bit longer had he not been dismissed. The School in its submissions argued that Mr Clarke would soon have been dismissed anyway. The tribunal accepted these submissions and awarded as limited amount of compensation accordingly.

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