In the case of Duxbury v University of Huddersfield, the tribunal found that the Claimant had been unfairly dismissed from his position as a senior lecturer.
It made an order for re-instatement and for full compensation for the Claimant’s losses up to the date of re-instatement – an award that went above the statutory cap which otherwise limits compensatory awards for unfair dismissal to a regulated set amount or, if lower, 1 year’s pay.
The Respondent refused to re-instate. In so doing, it became liable to pay an additional award of between 26 and 52 weeks’ pay on top of any compensatory award. The tribunal ordered this to be paid and also kept in place their original compensatory sum (which was higher than the cap).
The Employment Appeal Tribunal held they were wrong to have done this. The rules on when the statutory cap can be disapplied are complex and did not apply in this case.
It made an order for re-instatement and for full compensation for the Claimant’s losses up to the date of re-instatement – an award that went above the statutory cap which otherwise limits compensatory awards for unfair dismissal to a regulated set amount or, if lower, 1 year’s pay.
The Respondent refused to re-instate. In so doing, it became liable to pay an additional award of between 26 and 52 weeks’ pay on top of any compensatory award. The tribunal ordered this to be paid and also kept in place their original compensatory sum (which was higher than the cap).
The Employment Appeal Tribunal held they were wrong to have done this. The rules on when the statutory cap can be disapplied are complex and did not apply in this case.
