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His Honour Jeffrey Burke QC, Mr D Jenkins OBE and Mrs D M
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.