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Remedies and penalties

New and updated

  • 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.

  • Type:
    Quick reference

    Breach of contract - claim brought in employment tribunal

    A table summarising the maximum award for a breach of contract claim brought in an employment tribunal.

  • Date:
    4 April 2003
    Type:
    Employment law cases

    Sex discrimination: Guidance on awards for injury to feelings in discrimination cases

    In Vento v Chief Constable of West Yorkshire Police (No.2), the Court of Appeal holds that an employment tribunal was entitled to award £165,000 for future loss of earnings to a probationer police constable who suffered sex discrimination, culminating in her dismissal at the age of 30, two years after her appointment.

  • Date:
    21 February 2003
    Type:
    Employment law cases

    Breach of contract: Stigma must be real or substantial cause of failure to obtain employment

    In Bank of Credit and Commerce International SA (in liquidation) v Ali and others (No.3), the Court of Appeal holds that, where a claimant alleges that stigma resulting from his or her previous employment affected his or her employment prospects, it was for him or her to prove that the stigma had a real or substantial effect on his or her obtaining employment.

  • Date:
    9 December 2002
    Type:
    Employment law cases

    Mitigation of loss: Refusing re-employment offer was a failure to mitigate loss

    In Wilding v British Telecommunications plc, the Court of Appeal upholds a decision by an employment tribunal that, by refusing an offer of part-time re-employment, an employee who had been unfairly dismissed and discriminated against on the ground of his disability had thereby failed to mitigate his loss.

  • Date:
    9 December 2002
    Type:
    Employment law cases

    Aggravated damages: Aggravated damages award based on employer's conduct of defence

    In Zaiwalla & Co and another v Walia the EAT holds that an employment tribunal which upheld an employee's complaint of sex discrimination was entitled to award aggravated damages of £7,500 to reflect the fact that the employer conducted its defence of the tribunal proceedings in a manner deliberately designed to be intimidatory and threatening, and to cause the maximum distress to the employee.

  • Date:
    15 March 2002
    Type:
    Employment law cases

    Sex discrimination: Excessive awards for injury to feelings and future loss overturned

    In Chief Constable of West Yorkshire Police v Vento, the EAT upholds an appeal against an employment tribunal's manifestly excessive awards of £165,000 for future loss of earnings, and £65,000 for injury to feelings (which included £15,000 aggravated damages) to a former probationer police officer who suffered unlawful sex discrimination.