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Employment tribunals and courts

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  • Date:
    21 February 2003
    Type:
    Employment law cases

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

    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.

  • Date:
    9 December 2002
    Type:
    Employment law cases

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

    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.

  • Date:
    9 December 2002
    Type:
    Employment law cases

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

    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.

  • Date:
    15 May 2002
    Type:
    Employment law cases

    Procedure: No extension of time while grievance procedure is being used

    The Court of Appeal in Apelogun-Gabriels v London Borough of Lambeth holds that there is no general principle that it will be just and equitable to extend time for bringing a tribunal claim where the applicant is using the employer's internal grievance procedure.

  • Type:
    FAQs

    Does an employer have to surrender confidential documents to an employment tribunal if so directed?

  • Date:
    15 March 2002
    Type:
    Employment law cases

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

    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.

  • Date:
    31 December 2001
    Type:
    Employment law cases

    Kuddus v Chief Constable of Leicestershire Constabulary

    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.

  • Type:
    Employment law cases

    Tribunal may leave some stones unturned

    The Court of Appeal gives important guidance on how far tribunals need to go in exploring the circumstances of a claim. Plus cases on protected disclosure, redundancy selection, discrimination by an agent, working time exemptions and constructive dismissal.

  • Date:
    1 July 2001
    Type:
    Employment law cases

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

    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.

  • Date:
    1 July 2001
    Type:
    Employment law cases

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

    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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HR and legal information and guidance relating to employment tribunals and courts.