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Remedies and penalties

New and updated

  • Date:
    17 April 2007
    Type:
    Employment law cases

    Protective awards: A protective award for failure to consult a recognised trade union does not extend to cover employees in respect of whom the trade union is not recognised

    In Transport & General Workers' Union v Brauer Coley Ltd (in administration) [2007] IRLR 207 EAT the Employment Appeal Tribunal held that where a trade union is successful in proceedings brought for failure to consult on collective redundancies, the protective award cannot be claimed by any employees in respect of whom the trade union was not recognised by the employer.

  • Date:
    16 February 2007
    Type:
    Employment law cases

    Unfair dismissal compensation: Norton Tool not general authority for awarding more than actual loss

    In Burlo v Langley and another [2006] EWCA Civ 1778 the Court of Appeal holds that an employee's compensation for lack of notice was restricted to her actual loss where she would have been in receipt of statutory sick pay during the notice period.

  • Date:
    14 February 2007
    Type:
    Employment law cases

    Metrobus Ltd v Cook

    In Metrobus Ltd v Cook EAT/0490/06, the Employment Appeal Tribunal (EAT) has held that an employment tribunal did not err in increasing the amount of unfair dismissal compensation by 40% where an employer had failed to follow the statutory disciplinary and dismissal procedure.

  • 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:
    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.

  • 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.

  • Type:
    Employment law cases

    Polkey's place in the modern world

    The Court of Appeal has handed down an important decision emphasising the wide discretion that an employment tribunal has to make a 'Polkey reduction' - a ruling that dismissal would have occurred, or would probably have occurred even if a fair procedure or proper investigation had been followed - in an unfair dismissal case.

  • Date:
    7 April 2006
    Type:
    Employment law cases

    Transfer of undertakings: Compensation for failure to consult on TUPE transfer

    In Sweetin v Coral Racing, the EAT holds that awards of compensation for a failure to inform and consult about staff transfers under the Transfer of Undertakings (Protection of Employment) Regulations should be penal and not compensatory.