Employment disputes

New and updated

• Type:

  FAQs

  Can compensation for unfair dismissal include an element for injury to feelings?

• Date:

  2 July 2004

  Type:

  Employment law cases

  Practice and procedure: "Without prejudice" discussions admissible

  In BNP Paribas v Mezzotero the EAT holds that discussions "without prejudice" between an employer and an employee who had raised a grievance in respect of her treatment on returning from maternity leave, could be relied on by the employee in support of her sex discrimination and victimisation complaints.

• Date:

  1 June 2004

  Type:

  Employment law cases

  Hardy v Polk (Leeds) Ltd

  In Hardy v Polk (Leeds) Ltd [2004] IRLR 420 EAT, the Employment Appeal Tribunal held that an employee who is dismissed without notice or pay in lieu of notice is under a duty to mitigate his or her loss in respect of the notice period, and that earnings received from another employer during the (nominal) notice period must be offset against the compensatory award.

• Date:

  16 April 2004

  Type:

  Employment law cases

  Points of procedure: part 2

  The second of our two-part feature on noteworthy decisions in practice and procedure at the employment tribunals and EAT looks at bias, the right to a fair hearing and a range of other issues.

• Date:

  2 April 2004

  Type:

  Employment law cases

  Unfair dismissal: Tribunals empowered to make awards for non-economic loss

  In Dunnachie v Kingston upon Hull City Council, the Court of Appeal holds that the comments by Lord Hoffmann in Johnson v Unisys, to the effect that the interpretation of (what is now) s.123 of the Employment Rights Act 1996 given in Norton Tool Co Ltd v Tewson was too narrow in limiting unfair dismissal compensation to economic losses, were obiter and did not bind the Court in the present case.

• Date:

  1 April 2004

  Type:

  Employment law cases

  Virgo Fidelis School v Boyle

  In Virgo Fidelis School v Boyle [2004] IRLR 268 EAT, the Employment Appeal Tribunal held that awards of compensation for injury to feelings in whistleblowing cases should be based on the guidelines set out by the Court of Appeal in Vento v Chief Constable of West Yorkshire Police [2003] IRLR 102 for race and sex discrimination cases.

• Date:

  19 March 2004

  Type:

  Employment law cases

  Race discrimination: Recovering compensation for psychiatric damage

  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.

• Date:

  5 March 2004

  Type:

  Employment law cases

  Points of procedure: part 1

  A review of recent significant cases on practice and procedure in the employment tribunals and the EAT.

• Type:

  Quick reference

  Calculation of a week's pay

  A table setting out how to calculate a week's pay for various rights under the Employment Rights Act 1996.

• Type:

  Employment law cases

  Case round-up: on-call hours; and statutory sick pay

  This week's case round-up from Eversheds, covering: on-call hours; and statutory sick pay.