R and M Gaskarth v Mooney UKEAT 0196/12; (2014) EMPLR 043
Employment Appeal Tribunal (EAT)
His Honour Jeffrey Burke QC, Mr D Jenkins OBE and Mrs D M Palmer
Unfair dismissal compensation may include compensation for loss of earnings due to depression caused by dismissal.
M and her husband were employed as pub managers. They were dismissed without notice. This caused M to suffer from depression. She also had other physical illnesses. By the time of the tribunal hearing, M was still unable to work due to depression as well as physical illnesses. The tribunal concluded that M’s inability to work was attributable ‘in no small part’ to her depression and awarded her compensation for all her lost earnings including anticipated earnings for a further six months. This decision was upheld by the EAT.
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