Remedies and penalties

New and updated

• Type:

  Quick reference

  Compensation - part-time workers

  A table summarising the compensation payable for claims of less favourable treatment on grounds of part-time working.

• Date:

  11 June 2008

  Type:

  Employment law cases

  Liability for damages: Employer liable for suicide of employee who suffered workplace injury

  In Corr (administratix of the estate of Thomas Corr (deceased)) v IBC Vehicles Ltd [2008] UKHL 13, the House of Lords held that the employer of a man who was injured at work and, as a consequence, suffered severe depression that led to suicide, was liable under the Fatal Accidents Act 1976 for loss attributable to his suicide.

• Date:

  25 February 2008

  Type:

  Employment law cases

  Collective redundancies: Protective award starts at 90 days' pay

  In Hutchins v Permacell Finesse Ltd (in administration) EAT/0350/07, the EAT held that the starting point for determining a protective award is 90 days' pay, even where fewer than 100 redundancies are involved and the minimum consultation period is 30 days.

• Date:

  15 October 2007

  Type:

  Employment law cases

  Information and consultation: Penalty imposed for serious breach

  Where the Central Arbitration Committee has found an employer to be in breach of certain obligations under the Information and Consultation of Employees Regulations 2004, the EAT may order the employer to pay a financial penalty to the secretary of state. In the first case to arise on this point, Amicus v MacMillan Publishers Ltd EAT/0185/07, the EAT ordered the employer to pay £55,000 in respect of a "very grave" breach.

• Date:

  1 September 2007

  Type:

  Employment law cases

  Case round-up

  Judith Harris, professional support lawyer at Addleshaw Goddard, outlines the latest legal rulings.

• 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.