Compensation

Case 6: The facts

Mr Schlesinger, a consultant surgeon working for the NHS, also undertook private work. Following his unfair dismissal, he claimed that lost earnings from his private work should be included in his compensation.

The ruling

The Employment Appeal Tribunal (EAT) held that there was no evidence that the loss of his private practice was related to his dismissal from the NHS.

In any event, it said, he would not have been able to claim loss of earnings from his private practice as part of his unfair dismissal claim because there was no contractual link between the two employments.

Schlesinger v Swindon & Marlborough NHS Trust UKEAT/0072/04

Case 7: The facts

Mr Perkin's employment at an NHS trust was terminated on the grounds of his management style and inability to get on with colleagues. The disciplinary hearing was carried out by the chair of the trust, who had previously said that she wanted his employment to come to an end.

A tribunal found that Perkin's dismissal was procedurally unfair, but reduced his compensation by 100% because he had contributed to his dismissal.

The ruling

The EAT held that, even if there had been a fair hearing, Perkin would inevitably have been dismissed and his dismissal would have been fair.

The tribunal had been entitled to find that he had contributed 100% to his dismissal, and its decision was upheld.

Perkin v St Georges Healthcare NHS Trust UKEAT/0293/04