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Remedies and penalties

New and updated

  • Date:
    24 September 2004
    Type:
    Employment law cases

    Compensation: No non-economic loss awards in unfair dismissal compensation

    In Dunnachie v Kingston-upon-Hull City Council, the House of Lords holds that Lord Hoffman's comments in Johnson were obiter and, therefore, did not prevent the House of Lords from finding that unfair dismissal compensation should be restricted to economic losses only.

  • Type:
    FAQs

    What are the penalties for non-compliance with an improvement or prohibition notice?

  • Type:
    FAQs

    Which factors influence the penalties imposed for breaches of health and safety law?

  • Type:
    FAQs

    Can compensation for unfair dismissal include an element for injury to feelings?

  • Date:
    1 June 2004
    Type:
    Employment law cases

    Hardy v Polk (Leeds) Ltd

    In Hardy v Polk (Leeds) Ltd [2004] IRLR 420 EAT, the Employment Appeal Tribunal held that an employee who is dismissed without notice or pay in lieu of notice is under a duty to mitigate his or her loss in respect of the notice period, and that earnings received from another employer during the (nominal) notice period must be offset against the compensatory award.

  • Date:
    2 April 2004
    Type:
    Employment law cases

    Unfair dismissal: Tribunals empowered to make awards for non-economic loss

    In Dunnachie v Kingston upon Hull City Council, the Court of Appeal holds that the comments by Lord Hoffmann in Johnson v Unisys, to the effect that the interpretation of (what is now) s.123 of the Employment Rights Act 1996 given in Norton Tool Co Ltd v Tewson was too narrow in limiting unfair dismissal compensation to economic losses, were obiter and did not bind the Court in the present case.

  • Date:
    1 April 2004
    Type:
    Employment law cases

    Virgo Fidelis School v Boyle

    In Virgo Fidelis School v Boyle [2004] IRLR 268 EAT, the Employment Appeal Tribunal held that awards of compensation for injury to feelings in whistleblowing cases should be based on the guidelines set out by the Court of Appeal in Vento v Chief Constable of West Yorkshire Police [2003] IRLR 102 for race and sex discrimination cases.

  • Date:
    19 March 2004
    Type:
    Employment law cases

    Race discrimination: Recovering compensation for psychiatric damage

    In Laing Ltd v Essa, the Court of Appeal holds that an employee who suffered unlawful race discrimination which caused him psychiatric injury was entitled to recover compensation for that injury provided he could establish that the discrimination caused the damage.

  • Type:
    Quick reference

    Calculation of a week's pay

    A table setting out how to calculate a week's pay for various rights under the Employment Rights Act 1996.

  • Type:
    Employment law cases

    Case round-up

    Our resident experts at Pinsents bring you a comprehensive update on all the latest decisions that could affect your organisation, and advice on what to do about them.