Ram v J.D Weatherspoon is a useful reminder on the principles governing unfair dismissal compensation. The appropriate question that the Tribunal asks is what would have happened if the Claimant had not been unfairly dismissed. Could the Claimant have been fairly dismissed for the same reason or any other reason within a specified length of time?
The Tribunal decided those questions by answering he would have left employment in any event when his 5 year work permit expired and therefore restricted compensation from the point of dismissal to the point the 5 years was up, therefore compensating the Claimant for 6 months pay (or just over £8,000.00.)
The EAT held that an appropriate subsidiary question that should have been asked by the Tribunal, namely whether the Claimant was given leave to remain in the U.K indefinitely.The answer to that question was that the Claimant was given leave to remain and therefore the compensation should have run on past the 6 months.