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Remedies and penalties

New and updated

  • 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.

  • 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.