J Parnell v Royal Mail Group Ltd
[2024] EAT 130
Astha Limited & Anor v S Grewal
30 November 2023
[2023] EAT 170
Employment Appeal Tribunal
Someone won an unfair dismissal and discrimination case. The appeal court decided that a previous deduction covered the fault, and a job loss after the unfair dismissal didn't stop the original employer's responsibility. However, one of the employers (a person, not the company) didn't have to pay certain parts of the compensation because only companies are liable for those specific charges.
Key Facts
- •Appeal against remedy decision in unfair dismissal and disability discrimination claims.
- •Claimant (Respondent) succeeded in both claims at the Employment Tribunal (ET).
- •Appeal concerned deductions for contributory fault, break in chain of causation, and personal liability of the Second Appellant.
- •First Appellant's appeal withdrawn.
- •Second Appellant (Ms Chakraborty) challenged her personal liability for awards under ERA 1996 and EA 2002.
Legal Principles
Deduction for contributory fault under Law Reform (Contributory Negligence) Act 1945.
Law Reform (Contributory Negligence) Act 1945
Break in the chain of causation where claimant obtains and loses mitigating employment.
Dench v Flynn & Partners [1998] IRLR 653
Personal liability for awards under Employment Rights Act 1996 and Employment Act 2002.
Employment Rights Act 1996; Employment Act 2002; Equality Act 2010
Chagger/Polkey deduction for unfair dismissal.
Lenlyn UK v Kular [UKEAT/0108/16/DM]
Outcomes
Appeal dismissed regarding contributory fault deduction – no error of law.
Polkey/Chagger deduction already made; avoiding double penalty.
Appeal dismissed regarding break in chain of causation.
Subsequent dismissal from mitigating employment did not break the chain of causation.
Appeal allowed regarding Second Appellant's personal liability.
Second Appellant not liable for basic award under ERA 1996 and compensation under EA 2002 as these can only be awarded against the employer.