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Zebrowski v Concentric Birmingham Ltd [2017] UKEAT/0245/16

The EAT allowed an appeal from an ET decision that held that Mr Zebrowski had been constructively dismissed.  The EAT held that paragraph 169 of the ET’s Judgment, in which it decided its approach to the compensation which it would award Mr Zebrowski, was ambiguous.  The ET held that there was a 60 per cent chance that Mr Zebrowski would have been dismissed after a fair procedure.  The EAT held that, in that situation, it was not open to the ET to limit Mr Zebrowski’s compensation to the losses suffered in the two months after dismissal, because the ET was not, on its own findings, 100 per

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