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JUDGE J PEPPITT QC: The Appellants, A H Carter & Sons, appeal against two decisions of the Norwich Industrial Tribunal. By the first dated 12th April 1991, the Tribunal held that the Respondent, Mr Cliff, had been unfairly dismissed by the Appellants and that his compensatory award should not be reduced under Section 74(6) of the Employment Protection (Consolidation) Act 1978 by reason of his actions.
By the second dated 1st July 1991 the Tribunal assessed that compensation at �14,445.
The appeal is limited to the Tribunal's finding adverse to the Appellants under Section 74(6) of the Act and its consequent effect upon the award of compensation.
It was argued on the Appellants' behalf that the Tribunal failed to apply the correct principles when considering under that Section the Respondent's contribution to his dismissal, or alternatively if they did, their finding that the Respondent did not contribute to the dismissal was perverse.
The hearing before the Tribunal extended over two days and nine witnesses were called. Both parties were legally represented. The case turned upon the Respondent's employment as a foreman at the Appellants' Tydd Manor Farm in Norfolk. The farm comprises some 2,500 acres. The Respondent started with the Appellants as a farm-hand in 1954 and was promoted to foreman in 1977, a post he held until his dismissal in October 1990. He was 62 years old at the date of the hearing.
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