Cotterill v David Rubin and Partners (C.I) Ltd

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On 3 June 2013, the Guernsey Employment and Discrimination Tribunal held that Susan Cotterill had been unfairly dismissed by reason of redundancy from Archer Divers Builders Limited, but concluded that it would be ‘just and equitable to use its discretion under Section 3(2) of The Employment Protection (Guernsey) Law 1998, as amended, to reduce the six month award of compensation by 85 per cent’.

In particular, the Tribunal found that there was sufficient reason to reduce the six month compensatory award by 85 per cent on the basis of the ‘cogent evidence presented that the dismissal was for a substantive fair reason’ (being the closure of the business as a whole, now in liquidation)…

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