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Wood v Mitchell SA - Calculating compensation for loss of earnings when an unfairly dismissed employee becomes ill after dismissal [2010] EAT

Compensation for loss of earnings awarded to an unfairly dismissed employee was wrongly calculated by reference only to a period ending when he became unfit for work for a time due to supervening illness.

Mr Wood was employed by Mitchell SA as a driver/salesman with effect from September 2004.  In mid-2006 he was diagnosed with hepatitis C. This affected his ability to do his job. Mitchell SA asked him to obtain his GP's confirmation in writing that he was fit to drive. His GP would not provide it; it was apparently his GP's view that if Mitchell SA required such confirmation they should instruct a doctor privately. In the event he was dismissed with effect from 15th December 2006.

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