Remedies and penalties

New and updated

• Type:

  Quick reference

  Compensation - detrimental treatment

  A table summarising the compensation payable where an employee has been subjected to detrimental treatment.

• Date:

  1 April 2010

  Type:

  Employment law cases

  Aziz v First Division Association (FDA)

  The Court of Appeal has held that, where a claimant is alleging that separate incidents form one continuous act for the purposes of extending the normal time limit within which to bring a claim for racial discrimination, a relevant but not conclusive factor is whether the same individuals or different individuals were involved in the separate incidents.

• Date:

  31 March 2010

  Type:

  Employment law cases

  Taylor v XLN Telecom Ltd and others

  The Employment Appeal Tribunal has held that employees, who successfully claim discrimination, are entitled to be compensated for any injury to health or injury to feelings caused by the act complained of, even if they were unaware that the act complained of was discriminatory.

• Date:

  24 February 2010

  Type:

  Employment law cases

  Race discrimination: Polkey principle applies to compensation for dismissal

  In Chagger v Abbey National plc and another [2009] EWCA Civ 1202 CA, the Court of Appeal confirmed that employment tribunals should ask a Polkey-type question when considering loss of earnings flowing from a discriminatory dismissal. The Court also ruled that, in appropriate cases, compensation for loss of earnings may include an element of "stigma" loss.

• Date:

  26 January 2010

  Type:

  Employment law cases

  Compensation for injury to feelings: EAT increases Vento compensation in line with inflation

  In Da'Bell v NSPCC [2010] IRLR 19 EAT, the EAT has confirmed the increase of the Vento bands for compensation for injury to feelings in discrimination cases in line with inflation.

• Date:

  9 December 2009

  Type:

  Employment law cases

  Unfair dismissal: Norton Tool principle does not apply to unfair constructive dismissal

  In Stuart Peters Ltd v Bell [2009] IRLR 941 CA, the Court of Appeal held that, in a case of constructive unfair dismissal, the Norton Tool principle that compensation for unfair dismissal without notice must include a sum representing the employee's full pay during his or her notice period does not apply, and the employee must give credit for any earnings during this period.

• Type:

  Employment law cases

  Case of the week: Unfair dismissal and pension loss

  This week's case of the week, provided by DLA Piper, covers unfair dismissal and pension loss.

• Date:

  13 October 2009

  Type:

  Employment law cases

  Unfair dismissal: Employment tribunal erred in ordering reinstatement

  In Central & North West London NHS Foundation Trust v Abimbola EAT/0542/08, the EAT held that the employment tribunal had wrongly excluded highly relevant factors from its consideration of whether or not it was practicable to order reinstatement following a finding of unfair dismissal.

• Date:

  27 July 2009

  Type:

  Employment law cases

  Race discrimination: Failure to pay tribunal compensation may be victimisation

  In Rank Nemo (DMS) Ltd v Coutinho [2009] EWCA Civ 454 CA, the Court of Appeal held that an employment tribunal had erred in law in refusing to accept a victimisation claim based on the respondent's failure to pay an award of compensation.

• Type:

  FAQs

  What are the likely ramifications for the employer if an employee succeeds in a claim of unfair dismissal?