In Sheikholeslami v University of Edinburgh, the Employment Appeal Tribunal (EAT) considered two issues arising from a long-running unfair dismissal and disability discrimination claim.
The claimant had originally been awarded compensation of under 100,000, including a 25% uplift for the employer's unreasonable failure to follow the Acas Code of Practice on Disciplinary and Grievance Procedures. Following a successful appeal, the EAT remitted the compensatory award for unfair dismissal and significant elements of the disability discrimination compensation, including economic loss and injury to feelings, to a fresh tribunal for reconsideration. The revised award exceeded 1.7 million.
When reassessing remedy, the tribunal reduced the Acas uplift from 25% to 2.5%, although the overall monetary value of the uplift increased to around 30,000 because it applied to a much larger award. The tribunal also decided not to gross up the award for tax immediately, concluding that the tax treatment of several elements of the compensation was genuinely uncertain. Instead, it recorded the employer's undertaking to meet any tax liability and preserved the claimant's ability to return to the tribunal if grossing up later proved necessary.
The claimant appealed both decisions.
The EAT dismissed the appeal.
It held that the tribunal was entitled to reconsider the Acas uplift when reassessing the underlying compensation. The uplift is not a freestanding finding but forms...
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