14/12/1987

Isleworth Studios Ltd v. Rickard

Uncategorized

Employment Appeal Tribunal

Employer's appeal against award of compensation for unfair dismissal where employee had earned #10,000 more than he would have earned if he had stayed on and worked for the three months' notice period to which he was entitled.

HELD: IT had made the award on the basis that having regard to good industrial practice,employee was entitled to money for the notice period without any allowance for the money he had earned. IT should have considered s.74(1) EPCA 1978 & the principle that an award was to be compensatory for loss suffered and not a windfall where no loss had been suffered. Appeal allowed.

[1988] 2 WLR 1059