In Santos Gomes v Higher Level Care Ltd, the Court of Appeal held that compensation for injury to feelings is not available in a claim under the Working Time Regulations 1998 (SI 1998/1833) for a failure to provide 20-minute rest breaks..
In South Yorkshire Fire & Rescue Service v Mansell and others, the Employment Appeal Tribunal (EAT) held that workers can be awarded compensation for injury to feelings in working time detriment claims.
In Carrabyne v Department for Work and Pensions, the employment tribunal awarded £110,165 to a disabled claimant who was dismissed while on a final written attendance warning following an absence unrelated to her disabilities.
The Court of Appeal has confirmed that the 10% uplift on general damages in civil claims applies to employment tribunal compensation for injury to feelings caused by discrimination.
An employment tribunal has held that the employer breached the claimant's right to be accompanied when it refused to allow his chosen companions, trade union representatives, to accompany him at a disciplinary appeal hearing. However, it awarded compensation of £2 only, on the basis that the employer had understandable reasons for the refusal.
An employment tribunal has awarded £25,000 for breach of contract to an apprentice whose contract of apprenticeship, which was due to run for four years, was terminated after less than two years.
The High Court has held that two ex-employees breached their contracts of employment by misusing confidential information belonging to their former employer's business. However, the High Court found that the employer had not suffered any financial loss and that it was entitled to only nominal damages of £1 from each employee.
The Employment Appeal Tribunal (EAT) has confirmed the correct approach that tribunals should follow when calculating compensation for an infringement of reg.5(1) of the Agency Workers Regulations 2010.
The Employment Appeal Tribunal (EAT) has upheld an employment tribunal decision to award £14,000 for injury to feelings after a young lawyer was subjected to sexual harassment in the workplace and forced out of her job. Zoe Lomax, employment associate at DLA Piper, examines the decision including the level of compensation dictated by the Vento bands.
An employment tribunal in Scotland has awarded £28,321 to a Network Rail employee over his employer's policy of giving a period of full pay to mothers and primary adopters on shared parental leave, but paying only statutory shared parental pay to partners and secondary adopters.