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United Kingdom Employment Appeal Tribunal


You are here: BAILII >> Databases >> United Kingdom Employment Appeal Tribunal >> Kirik v Oktay Ltd [2004] UKEAT 0075_03_1103 (11 March 2004)
URL: http://www.bailii.org/uk/cases/UKEAT/2004/S0075_03_1103.html
Cite as: [2004] UKEAT 75_3_1103, [2004] UKEAT 0075_03_1103

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BAILII case number: [2004] UKEAT 0075_03_1103
Appeal No. EATS/0075/03

EMPLOYMENT APPEAL TRIBUNAL
52 MELVILLE STREET, EDINBURGH EH3 7HF
             At the Tribunal
             On 11 March 2004

Before

THE HONOURABLE LORD JOHNSTON

MR A G McQUAKER

MR M G SMITH



SULEYMAN KIRIK APELLANT APPELLANT

OKTAY LTD RESPONDENT


Transcript of Proceedings

JUDGMENT

JUDGMENT

© Copyright 2004


    APPEARANCES

     

     

    For the Appellant Mr F Lefevre, Solicitor
    Of-
    Quantum Claims
    Employment Division
    70 Carden Place
    Queens Cross
    ABERDEEN AB10 1UP
     




    For the Respondents







     




    Mr N Ramsay, Solicitor
    Of-
    Messrs Anderson Shaw & Gilbert
    Solicitors
    20 Church Street
    INVERNESS IV1 1ED
     


     

    LORD JOHNSTON:

  1. This is an appeal from a decision of the Employment Tribunal sitting in Inverness following upon this Tribunal remitting the matter back for consideration of compensation against a finding of unfair dismissal.
  2. Mr Lefevre, for the appellant employee, submitted that the approach of the Tribunal was perverse inasmuch that they had restricted any award of compensation to two weeks' pay to reflect the period which the Tribunal assessed, obviously as a speculation over which discussions about wage cuts might have taken place before the appellant rejected any such suggestion on that hypothesis.
  3. We do not consider the Tribunal's approach can be regarded as so flawed as to be categorised as perverse. It seems to us that the approach adopted by the Tribunal was one they were entitled to take against the background of the financial chaos of the business, and, the arrival of a further employee by reason of the departure of the manager temporarily to Turkey, was nothing to the point. Whatever else the Tribunal might have done, we consider what they did do was at least a permissible option and we will not interfere. This appeal is therefore dismissed.


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URL: http://www.bailii.org/uk/cases/UKEAT/2004/S0075_03_1103.html