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ARTICLE · 16 AUGUST 2010

Compensation in Unfair Dismissal Cases

The recent Employment Appeal Tribunal (EAT) case of NSM Music Ltd v Mr McArdle has highlighted an important point concerning the issue of compensation in unfair dismissal cases.

United KingdomEmployment and HR
Alain Cohen
Alain Cohen

The recent Employment Appeal Tribunal (EAT) case of NSM Music Ltd v Mr McArdle has highlighted an important point concerning the issue of compensation in unfair dismissal cases.

In the original tribunal hearing, the tribunal had ruled that the claimant, who had been employed by NSM in the manufacturing and supply of jukeboxes, could be compensated for electing to retrain as a teacher.

The EAT determined that a tribunal would be entitled to take this position, commenting that: "If you are an unemployed miner from Barnsley, a trawlerman from Grimsby or a potter from Stoke-on-Trent there may come a time when quite simply the only way you are going to get employment is to retrain."

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