Employment tribunals and courts

New and updated

• Date:

  1 December 2006

  Type:

  Employment law cases

  Wrongful dismissal: Attempt to recover remainder of wrongful dismissal losses in High Court fails

  In Fraser v HLMAD Ltd [2006] IRLR 687 CA, the Court of Appeal holds that claimants who bring claims for wrongful dismissal in the employment tribunal, where a statutory limit on damages of £25,000 applies, cannot recover losses in excess of this limit in the High Court.

• Date:

  1 December 2006

  Type:

  Employment law cases

  Scope v Thornett

  In Scope v Thornett [2007] IRLR 155 CA, the Court of Appeal has stressed that employment tribunals are permitted to make reductions in the amount of compensation awarded for future loss of earnings where this involves speculation.

• Date:

  17 November 2006

  Type:

  Employment law cases

  Employment tribunal jurisdiction: 'Strong connections' with Great Britain give tribunal jurisdiction

  In Lawson v Serco Ltd; Botham v Ministry of Defence; Crofts and others v Veta Ltd and others [2006] IRLR 289 HL, the House of Lords holds that employees will be entitled to claim unfair dismissal if working or based in Great Britain at the time of the dismissal. An employee posted abroad but retaining a strong connection with Great Britain may also be able to bring a claim.

• Date:

  3 November 2006

  Type:

  Employment law cases

  Statutory dismissal and disciplinary procedures: Procedural unfairness and redundancy dismissals

  In Alexander and another v Bridgen Enterprises Ltd [2006] IRLR 422 EAT, the Employment Appeal Tribunal holds that two employees were automatically unfairly dismissed in breach of the statutory dismissal procedure because the employer had not provided sufficient information about their selection for redundancy in advance of the dismissal meeting.

• Date:

  1 November 2006

  Type:

  Employment law cases

  Collective redundancies: Tribunal's discretion in making protective awards

  In Leicestershire County Council v Unison [2006] IRLR 810 CA, the Court of Appeal holds that a tribunal was entitled to make the maximum protective award in respect of a group of employees who had been dismissed and offered new terms without consultation with the relevant unions.

• Date:

  6 October 2006

  Type:

  Employment law cases

  Sex discrimination: No compensation for loss of severance package

  In Brash-Hall v Getty Images Ltd [2006] EWCA Civ 531 CA, the Court of Appeal holds that an employee dismissed in circumstances that amounted to sex discrimination, but who would have subsequently been dismissed for redundancy in any event, was not entitled to recover compensation reflecting an enhanced redundancy package.

• Date:

  4 August 2006

  Type:

  Employment law cases

  Points of procedure

  IRS Employment Review looks at decisions on procedural points that have arisen in the EAT and Court of Appeal in the time since its last procedural round-up in December 2005.

• Type:

  Employment law cases

  Case round-up: Withdrawal of tribunal claims

  This week's case round-up from Eversheds, covering withdrawal of tribunal claims.

• Type:

  Employment law cases

  Case round-up: Constructive dismissal compensation and injury to feelings award

  This week's case round-up from Eversheds, covering: constructive dismissal compensation; and injury to feelings awards.

• Date:

  2 June 2006

  Type:

  Employment law cases

  Employment status: Teacher who worked on succession of short-term assignments was employee

  In Cornwall County Council v Prater [2006] EWCA Civ 102 CA, the Court of Appeal holds that a lack of mutuality of obligation during "gaps" between successive teaching assignments over a period of 10 years did not, of itself, prevent each separate assignment from constituting an individual contract of employment.