Case report round-up: EAT rules on correct approach to limitation of unfair dismissal compensatory award
XpertHR's latest case reports cover:
- Unfair dismissal: Correct approach to limitation of compensatory award on grounds that employment would have terminated in any event In Johnson v Rollerworld EAT/0237/10, the EAT held that compelling evidence is needed to justify reducing compensation for unfair dismissal on the grounds that the employment would have ended at some stage in the future. Where the tribunal finds that the employment would have come to an end through dismissal, compensation can be reduced to reflect that fact only if the dismissal would have been fair. (Employment Review)
- Race discrimination: Employer's inaction following third-party harassment did not give rise to liability In Conteh v Parking Partners Ltd EAT/0288/10, the EAT held that an employment tribunal acted correctly in rejecting a claim of harassment under the Race Relations Act 1976 against an employer that failed to take action to prevent third-party harassment. (Employment Review)
- Liability for penalty: Company cannot seek indemnity from directors for penalty imposed under competition legislation In Safeway Stores Ltd and others v Twigger and others [2010] EWCA Civ 1472 CA, the Court of Appeal struck out a supermarket's claim to recover the costs of a penalty for breach of the Competition Act 1998 from the directors and employees responsible for the infringement. (Employment Review)
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