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	United Kingdom Employment Appeal Tribunal
You are here: BAILII >> Databases >> United Kingdom Employment Appeal Tribunal >> Hussain v Century Electronics UK Inc Ltd [2002] UKEAT 0919_02_1811 (18 November 2002) URL: http://www.bailii.org/uk/cases/UKEAT/2002/0919_02_1811.html Cite as: [2002] UKEAT 919_2_1811, [2002] UKEAT 0919_02_1811

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APPEARANCES

 

For the Appellant	THE APPELLANT In Person


 


MR JUSTICE ELIAS

1. In this case Mr Hussain submits that an Industrial Tribunal erred in law in limiting the compensation that he received in relation to unfair dismissal. The background, very briefly, is as follows. He was dismissed by the Respondent Company allegedly for gross misconduct on 17 April 2001. He took proceedings for unfair dismissal. By then the Respondent Company was in liquidation and indeed it had sold its business pursuant to a transfer of undertakings to a third party.
2. At the hearing on liability before the Industrial Tribunal, the Respondent Company did not appear. The Receivers took the view, apparently, that they could not provide a key witness to challenge the basis of Mr Hussain's claim, and in the circumstances they were prepared to accept a finding of unfair dismissal and that was the conclusion reached by the Tribunal.
3. The Tribunal, at that stage, also ordered reinstatement. Subsequently the Receivers then sought a review of that determination and indicated there ought not to be a reinstatement since there was no business in respect of which the Applicant could be reinstated. The Tribunal accepted that and in the circumstances held that the only remedy should be compensation. But still the compensation was limited as to future loss to payments made up until 2 May 2001. That appears to be on the grounds in part at least that there is a separate and distinct claim in relation to personal injuries which they considered would be likely to meet any losses occurring thereafter.
4. Mr Hussain submits that the Tribunal has erred in the way in which it has looked at future losses. Firstly, the compensation recoverable from the outstanding claim may not in fact deal with future loss and he submits that had he not been dismissed unfairly then he would have remained in employment and been transferred. True it is he may have been made redundant in his subsequent job, because apparently the transferee company also went into liquidation some nine months or so later. But we are satisfied in these circumstances that it is at least arguable that the Tribunal has not properly looked at the question of future loss and on ground, and that ground alone, this appeal should be allowed to go ahead.
5. It would be prudent we think, Mr Hussain, for you to get some legal assistance.