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Employment tribunals and courts

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  • Date:
    15 March 1997
    Type:
    Employment law cases

    Unfair dismissal remedies: All termination payments deducted before "Polkey reduction"

    In Digital Equipment Co Ltd v Clements (No.2), the EAT holds that, in calculating the compensatory award for unfair dismissal, any termination payment the employee received from the employer should be deducted from his or her loss caused by the dismissal before reducing that net loss by the percentage chance, if any, that he or she would have been retained had the employer acted fairly.

  • Date:
    1 December 1996
    Type:
    Employment law cases

    Selkent Bus Co Ltd t/a Stagecoach Selkent v Moore

    In Selkent Bus Co Ltd t/a Stagecoach Selkent v Moore [1996] IRLR 661 EAT, the EAT set out guidance to industrial tribunals on the criteria to take into account in deciding whether to grant leave for amendment of an originating application.

  • Date:
    1 November 1995
    Type:
    Employment law cases

    No liability for victimisation

    In Waters v Commissioner of Police of the Metropolis (14 February 1995) EOR64B, the EAT rules that an employer could not be not liable for victimising an employee who alleged that she was sexually harassed by a work colleague, where the alleged harassment was not committed in the course of employment.

  • Date:
    1 September 1995
    Type:
    Employment law cases

    £28,500 award in race case

    A black prison officer who was subjected to "a campaign of appalling treatment" over a period of almost two years is awarded compensation of £28,500, including a record £21,000 for injury to feelings, by a London South industrial tribunal (Chair: E R Donnelly) in Johnson v (1) Armitage (2) Marsden (3) HM Prison Service.

  • Date:
    1 July 1995
    Type:
    Employment law cases

    Redundancy: Discovery of assessment forms must relate to issues raised

    In British Aerospace plc v Green, the Court of Appeal considers the guiding principles for ordering discovery of marked assessment forms in cases where redundant employees claim that they were unfairly selected.

  • Date:
    1 June 1995
    Type:
    Employment law cases

    Private sexual harassment hearing not permitted

    An industrial tribunal is not entitled to exclude members of the public (including the press) from the hearing of a sexual harassment case when the evidence to be given is of a sensitive or salacious nature, the Divisional Court has ruled in R v Southampton Industrial Tribunal ex parte INS News Group.

  • Date:
    1 June 1995
    Type:
    Employment law cases

    Aggravated damages awarded

    In addition to awarding £2,500 for injury to feelings, a Manchester industrial tribunal (Chair: C Porter) in Ruizo v (1) Tesco Stores Ltd and (2) Lea awards a further £1,500 aggravated damages for the employer's lack of contrition and continuing failure to address or alleviate the problem of racial abuse.

  • Date:
    1 June 1995
    Type:
    Employment law cases

    Chances approach may not be appropriate

    In Hunt v Secretary of State for Defence a London (South) industrial tribunal (Chair: T J Mason) doubts whether it is right to follow the "chance" approach to assessing past loss suggested by the EAT in the Cannock decision.

  • Date:
    1 June 1995
    Type:
    Employment law cases

    Formal harassment policy recommended

    In Campbell v Datum Engineering Co Ltd a Birmingham industrial tribunal recommends that a firm found to have unlawfully discriminated on grounds of race should take steps such as introducing a formal racial harassment procedure, providing recruitment training for all managers and giving consideration to the eradication of pay anomalies in order to avoid future race claims.

  • 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.

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