Remedies and penalties

New and updated

• 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. 

• Type:

  FAQs

  If an employee behaves in a way that results in another employee bringing a successful discrimination claim can the tribunal require the first employee to pay compensation?

• Type:

  Employment law cases

  Case round-up

  Bess Sturman and Richard Port of Addleshaw Goddard outline the latest legal rulings and explain what you need to know to avoid tribunals.

• Type:

  Employment law cases

  Case round-up

  Zoe Balmforth and Joe Glavina of Addleshaw Goddard outline the latest legal rulings and explain what you need to know to avoid tribunals.

• Date:

  13 May 2005

  Type:

  Employment law cases

  Trade unions: Compensation where no loss suffered

  In Skiggs v South West Trains Ltd, the EAT holds that the employment tribunal was entitled to hold, on the facts, that an investigative meeting concerning a grievance about an employee who had previously been disciplined was not a disciplinary hearing for the purpose of s.10 of the Employment Relations Act 1999.

• Date:

  25 March 2005

  Type:

  Employment law cases

  Unfair dismissal: Employee need not give credit for monies earned during notice period

  In Voith Turbo Ltd v Stowe, the EAT holds that, applying the principles established in Norton Tool Co Ltd v Tewson, the tribunal was entitled to find that an unfairly dismissed employee did not have to give credit for earnings achieved during the period covered by notice pay made by his former employer.

• Date:

  12 November 2004

  Type:

  Employment law cases

  Discrimination: Approach to be taken to harassment complaints

  In Scott v Commissioners of Inland Revenue the Court of Appeal holds that an employment tribunal erred in awarding only £15,000 in respect of the psychiatric injury caused to an employee by the way in which his employer dealt with allegations of sexual harassment made against him by a work colleague.

• Date:

  24 September 2004

  Type:

  Employment law cases

  Damages: Pre-dismissal psychiatric injury claims can proceed

  In Eastwood and another v Magnox Electric plc; McCabe v Cornwall County Council and others, the House of Lords holds that, in cases where psychiatric injury is alleged to have been caused by acts of the employer committed prior to, and separately from the act of dismissal itself, a cause of action will exist at common law for damages.