Winckworth Sherwood

UK 200 2014 position: 81

Can post-termination conduct be taken into account when assessing compensation?

In the case of Cumbria County Council and others v Mr Bates [2013], the Employment Appeal Tribunal (EAT) considered whether the tribunal at first instance should have taken into account the claimant’s post-termination conduct when determining his award of compensation.

Mr Bates (the claimant) was a teacher and it was found by the tribunal that he had been unfairly dismissed.

At the time of the remedy hearing, the claimant was due to appear in court to face a charge of common assault in relation to a 16-year-old former pupil. The school and the council (the respondents) applied for the tribunal remedy hearing to be adjourned on the basis that the outcome of the criminal prosecution could be relevant to the question of remedy. This was refused by the tribunal…

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