Veitch Penny LLP - Exeter | Crediton, Devon

Case

Scope v Thornett
Court of Appeal - (27 November 2006)

Issues

(1) Unfair Dismissal;
(2) Assessment of Compensation;
(3) Dismissal and Disciplinary Procedure.

Facts

Dr. Thornett was employed in a managerial capacity by the employer charity.

A complaint of bullying and harassment was made by one of Dr. Thornett’s colleagues. Following a disciplinary procedure, she was issued with a final written warning which she disputed. Dr. Thornett made it clear she felt it would be very difficult for her to continue to work with the complainant. The difficulties were not resolved and eventually Dr. Thornett was dismissed.

She made a claim of unfair dismissal which was successful at the Employment Tribunal. The Tribunal felt that a reasonable employer would have taken further steps to try and resolve the disputes between the two employees. The Tribunal had evidence that if Dr. Thornett had stayed in employment she may well have been made redundant in six months’ time. Although the Tribunal acknowledged that it was a speculative exercise, it calculated her compensation and limited her loss for earnings to that period.

Upon appeal to the Employment Appeal Tribunal (EAT) the employer’s appeal was allowed and finding that there had been insufficient evidence to allow the Employment Tribunal to speculate as to the duration of the employment relationship. Accordingly, no limit should have been placed on her lost earnings.

The employer appealed.

Decision

The Court of Appeal confirmed that the Tribunal’s decision was correct. It acknowledged that any assessment of future loss would require an element of speculation. There would be cases where the evidence of a redundancy would be sparse but, where there was evidence, then a tribunal was entitled to take this into account. However, as the Tribunal’s reasons were not sufficiently clear, the claim would be referred to a further Tribunal for the compensatory award to be re-assessed.

Comments

This case may prove to be a useful tool for employers with which to reduce claims for ongoing losses to the detriment of successful claimants. However, any employer seeking to rely upon this case would need to supply cogent evidence of the future redundancy dismissal.

Rachel Billen – Associate Solicitor, Commercial Department at Veitch Penny.
Tel: 01392 278381, Fax: 01392 410247, Email: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

This Employment Law Update does not constitute legal or other professional advice and should not be relied on as such. You should take specific advice regarding your circumstances before taking any action based on the information contained within this Update.