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1/ Acetrip v Dogra is a long decision on various remedy issues, much of which should not disturb your sleep, but it starts with a pretty extraordinary factual circumstance that most employers would have wanted to hide by settling. assets.publishing.service.gov.uk/media/5d230f1c… #ukemplaw 
2/ There are 10 grounds of appeal, 5 of which merit mention. 1st is compensation for someone on sick leave (& SSP) at dismissal. What's their loss under ERA s.123? The contractual rate or sick pay? The answer depends on the impact of the dismissal.
3/ Dignity v Bruce paras 11-13 hold the key. The ET has to look at the contribution of the dismissal to the illness or its exacerbation. The fact that a pre-existing illness resulting from the employer's actions isn't enough.
4/ 2ndly, can a Polkey reduction be made on the basis of potential lawful dismissal resulting from absence where the employer caused the sickness? The answer thanks to McAdie is that the hypothetical dismissal can be fair & hence Polkey is relevant.
5/ 3rdly, can the ET award compensation for a longer period than is specified in a schedule of loss? The EAT's answer is yes, but the Respondent must be given the opportunity to deal with that extended compensation position (through evidence & submissions).
6/ 4th, which approach to grossing up is best: Shove v Downs or just calculating lost earnings on gross pay figures. The EAT held Shove v Downs is best, especially where £30k of compensation is tax free.
7/ Finally, is it an error of law for the ET not to take account of the total award when determining the % of any s.207A uplift? Yes, if the uplift is for a substantial sum. The EAT gives no guidance on what is substantial save that £20k is. #ukemplaw
