University of Huddersfield v Duxbury (2023)

The EAT has held in the case of University of Huddersfield v Duxbury (2022) that the ET was guilty of an error in law by imposing an unfair dismissal compensatory award that exceeded the statutory limit set by the S.124(1) of the Employment Rights Act 1996, in circumstances where the employer had failed to comply with a reinstatement order. This is because the only circumstances in which the statutory limit may be disapplied is where the compensatory award would end up amounting to less than that awarded in relation to the reinstatement order. In those circumstances, the statutory limit can be exceeded to ensure that the employer does not gain a financial advantage from deliberately not complying with the reinstatement order