Employment law cases

All items: Remedies and penalties

  • Race discrimination: Recovering compensation for psychiatric damage

    Date:
    19 March 2004

    In Laing Ltd v Essa, the Court of Appeal holds that an employee who suffered unlawful race discrimination which caused him psychiatric injury was entitled to recover compensation for that injury provided he could establish that the discrimination caused the damage.

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  • Sex discrimination: Guidance on awards for injury to feelings in discrimination cases

    Date:
    4 April 2003

    In Vento v Chief Constable of West Yorkshire Police (No.2), the Court of Appeal holds that an employment tribunal was entitled to award £165,000 for future loss of earnings to a probationer police constable who suffered sex discrimination, culminating in her dismissal at the age of 30, two years after her appointment.

  • Breach of contract: Stigma must be real or substantial cause of failure to obtain employment

    Date:
    21 February 2003

    In Bank of Credit and Commerce International SA (in liquidation) v Ali and others (No.3), the Court of Appeal holds that, where a claimant alleges that stigma resulting from his or her previous employment affected his or her employment prospects, it was for him or her to prove that the stigma had a real or substantial effect on his or her obtaining employment.

  • Mitigation of loss: Refusing re-employment offer was a failure to mitigate loss

    Date:
    9 December 2002

    In Wilding v British Telecommunications plc, the Court of Appeal upholds a decision by an employment tribunal that, by refusing an offer of part-time re-employment, an employee who had been unfairly dismissed and discriminated against on the ground of his disability had thereby failed to mitigate his loss.

  • Aggravated damages: Aggravated damages award based on employer's conduct of defence

    Date:
    9 December 2002

    In Zaiwalla & Co and another v Walia the EAT holds that an employment tribunal which upheld an employee's complaint of sex discrimination was entitled to award aggravated damages of £7,500 to reflect the fact that the employer conducted its defence of the tribunal proceedings in a manner deliberately designed to be intimidatory and threatening, and to cause the maximum distress to the employee.

  • Sex discrimination: Excessive awards for injury to feelings and future loss overturned

    Date:
    15 March 2002

    In Chief Constable of West Yorkshire Police v Vento, the EAT upholds an appeal against an employment tribunal's manifestly excessive awards of £165,000 for future loss of earnings, and £65,000 for injury to feelings (which included £15,000 aggravated damages) to a former probationer police officer who suffered unlawful sex discrimination.

  • Kuddus v Chief Constable of Leicestershire Constabulary

    Date:
    31 December 2001

    In Kuddus v Chief Constable of Leicestershire Constabulary [2001] UKHL 29, the House of Lords allowed an appeal against a strike out of a claim for exemplary damages for the tort of misfeasance. It held that exemplary damages were not restricted to causes of action for which exemplary damages had been awarded prior to 1964. The House of Lords did not expressly decide whether exemplary damages should be available in discrimination cases.

  • Damages: Damages were payable for accrued pension rights lost as a result of unlawful termination

    Date:
    1 July 2001

    An employee who was summarily and wrongfully dismissed 12 days before his 55th birthday, albeit with 12 weeks' pay in lieu of notice, was in principle entitled to claim damages made up of the amount that he would have been paid but for the employer's repudiatory breach of his contract of employment, holds the Court of Appeal in Silvey v Pendragon plc.

  • Sex discrimination: Award of £20,000 for injury to feelings upheld

    Date:
    1 July 2001

    In HM Prison Service v Salmon, the EAT upholds an award of £20,000 for injury to feelings, including £5,000 aggravated damages, and a separate, undiscounted award of £15,000 for psychiatric injury, made by an employment tribunal that had partially upheld a former prison officer's complaint of unlawful sex discrimination.

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Employment law cases: HR and legal information and guidance relating to remedies and penalties.