Sheffield Forgemasters International Ltd v Fox; Telindus v Brading - incapacity benefit must not automatically be deducted from compensation, since its receipt does not automatically demonstrate a lack of capability to work - EAT 7.11.08
Mr Fox succeeded in a disability discrimination claim against Sheffield Forgemasters, and Telindus's dismissal of Ms Brading was held to be unfair. Both had received Incapacity Benefit during the period immediately after their dismissals, but employment tribunals did not reduce their compensation to allow for this. Both employers appealed, arguing this should have been done. The cases were heard together as they raised the same issue.