Sir Patrick Elias on Causation

This article considers the contribution of Sir Patrick Elias to our understanding of causation in labour law. For these purposes, the concept of causation is considered in its wide sense, embracing issues which arise in claims of both unfair dismissal and discrimination, and at both liability and remedy stages. Sir Patrick’s judicial decisions include landmark authorities concerning the legal tests of liability in such claims, and they analyse the reasoning applicable to the varied tasks faced by tribunals when assessing compensation for an unfair or discriminatory dismissal. These decisions exemplify Sir Patrick’s distinctive clarity of expression, subtlety of analysis, and sensitivity to industrial reality.