Employment disputes

New and updated

• Date:

  1 March 1995

  Type:

  Employment law cases

  Tribunal extends time limit following CRE mistake

  A race discrimination claim presented outside the statutory time limit because of a mistake by the Commission for Racial Equality (CRE) could be considered, rules a Birmingham industrial tribunal (Chair: J G Haslam) in Gill v Hereford & Worcester County Council.

• Date:

  1 March 1995

  Type:

  Employment law cases

  £2,000 award for injury to feelings approved

  In Automotive and Financial Group Ltd v Bark the EAT has held that a compensation award of £2,000 for injury to feelings to a trainee salesperson, who was dismissed after she was sexually harassed, fell within the bracket of permissible awards.

• Date:

  1 January 1995

  Type:

  Employment law cases

  Unfair dismissal remedies: EAT addresses limits of "Polkey" reductions

  In a number of recent cases, the EAT has considered the approach industrial tribunals should take when considering reducing unfair dismissal compensation on the grounds that the unfairness was due only to "procedural" failures.

• Date:

  1 December 1994

  Type:

  Employment law cases

  Aggravated damages for failure to apologise

  In Patel and Harewood v T & K Home Improvements Ltd and Johnson a Bedford industrial tribunal (Chair: C Tribe) awards aggravated damages against an employer who treated workplace notices which contained racially abusive material as a joke during tribunal proceedings and did not offer an apology to the complainants.

• Date:

  1 December 1994

  Type:

  Employment law cases

  Discriminatory dismissal damaged health

  A car salesman whose health suffered as a direct result of sex discrimination when he was dismissed because he was a man is awarded £15,000 compensation, including £5,000 for injury to feelings, by a Birmingham industrial tribunal (Chair: J K Macmillan) in Smith v Swithland Motors plc.

• Date:

  1 December 1994

  Type:

  Employment law cases

  £8,000 injury to feelings award for maternity leaver

  In McClenaghan and Rice v British Shoe Corporation Ltd a Belfast industrial tribunal (Chair: E McBride) awards £11,455 compensation, including £8,000 for injury to feelings, to a maternity leaver who suffered "severe depression" following her dismissal when illness prevented her from returning to work within the statutory period.

• Date:

  1 September 1994

  Type:

  Employment law cases

  Girl trainee mechanic awarded over £24,000

  A teenage girl who was turned down for an apprenticeship as a garage mechanic is awarded compensation of £24,389, including £3,500 for injury to feelings, by a London South industrial tribunal (Chair: E R Donnelly) in Bishop v The Cooper Group plc.

• Date:

  1 September 1994

  Type:

  Employment law cases

  £10,000 for harassment

  Compensation of £10,000 has been awarded by a Leeds industrial tribunal (Chair: P A Morris) in Miss A and Miss B v R1 and R2 to each of two employees in respect of injury to feelings resulting from sexual harassment.

• Date:

  1 September 1994

  Type:

  Employment law cases

  Bias shown by tribunal chair

  In Laher v London Borough of Hammersmith & Fulham the EAT has set aside the decision of an industrial tribunal dismissing a race discrimination complaint on grounds that there was bias shown by the tribunal chair against the applicant.

• Date:

  1 September 1994

  Type:

  Employment law cases

  No time limit on part-time workers' claims

  In Kamal v Wakefield Health Authority a Leeds industrial tribunal (Chair: J Prophet) has ruled that until new legislation has been enacted, there is no time limits on claims brought under Article 119 of the EC Treaty based on the decision of the House of Lords that the hours-per-week qualifying thresholds under the Employment Protection (Consolidation) Act are incompatible with EC law.