Compensation for dismissal

Case 1: The facts

IPC Media unfairly dismissed Ms Milton-Tomkins, a senior sales executive, while she was off work sick. Although her employers had initially obtained medical reports from her doctor, these provided no prognosis of her illness or return to work, and she was dismissed without the employers getting another report.

Milton-Tomkins was awarded £250 to represent her loss of statutory rights, but nothing for the dismissal itself.

The ruling

The EAT held that the tribunal was wrong not to make an award of compensation. Even if its assessment (that Milton-Tomkins would still have been dismissed had there been a medical report) was correct, the dismissal would have taken place a little later to take account of the time it would have taken to acquire the report.

Milton-Tomkins v IPC Media EAT/0496/02