Remedies and penalties

New and updated

• Type:

  FAQs

  What happens if the employer fails to comply with the Working Time Regulations 1998?

• Type:

  FAQs

  What can employees do if they are being victimised?

• Date:

  1 May 2001

  Type:

  Employment law cases

  Damages: No common law remedy for financial loss flowing from manner of dismissal

  There is no common law contractual remedy for financial or other loss allegedly flowing from the manner or circumstances of an employee's dismissal, holds the House of Lords in Johnson v Unisys Ltd.

• Date:

  15 May 1999

  Type:

  Employment law cases

  Sex discrimination: Correct approach to assessing loss of earnings flowing from discriminatory dismissal

  In Abbey National plc v Formoso, the EAT rejects an employment tribunal's "reasonable employer" approach to calculating the financial loss flowing from a discriminatory dismissal.

• Date:

  1 August 1997

  Type:

  Employment law cases

  Contracts of employment: "Stigma" damages are recoverable

  In principle, employees can recover "stigma" damages in respect of their reasonably foreseeable loss of employment prospects resulting from their employer's breach of the implied term of trust and confidence, holds the House of Lords in Malik and another v Bank of Credit and Commerce International SA (in compulsory liquidation).

• Date:

  15 April 1997

  Type:

  Employment law cases

  Race discrimination: £21,000 award for injury to feelings upheld

  In HM Prison Service and others v Johnson, the EAT upholds an award of £21,000 for injury to feelings made by an industrial tribunal to a black prison officer who was subjected to a prolonged campaign of racial harassment and discrimination.

• Date:

  15 March 1997

  Type:

  Employment law cases

  Unfair dismissal remedies: All termination payments deducted before "Polkey reduction"

  In Digital Equipment Co Ltd v Clements (No.2), the EAT holds that, in calculating the compensatory award for unfair dismissal, any termination payment the employee received from the employer should be deducted from his or her loss caused by the dismissal before reducing that net loss by the percentage chance, if any, that he or she would have been retained had the employer acted fairly.

• Date:

  1 September 1995

  Type:

  Employment law cases

  £28,500 award in race case

  A black prison officer who was subjected to "a campaign of appalling treatment" over a period of almost two years is awarded compensation of £28,500, including a record £21,000 for injury to feelings, by a London South industrial tribunal (Chair: E R Donnelly) in Johnson v (1) Armitage (2) Marsden (3) HM Prison Service.

• Date:

  1 June 1995

  Type:

  Employment law cases

  Aggravated damages awarded

  In addition to awarding £2,500 for injury to feelings, a Manchester industrial tribunal (Chair: C Porter) in Ruizo v (1) Tesco Stores Ltd and (2) Lea awards a further £1,500 aggravated damages for the employer's lack of contrition and continuing failure to address or alleviate the problem of racial abuse.

• Date:

  1 June 1995

  Type:

  Employment law cases

  Chances approach may not be appropriate

  In Hunt v Secretary of State for Defence a London (South) industrial tribunal (Chair: T J Mason) doubts whether it is right to follow the "chance" approach to assessing past loss suggested by the EAT in the Cannock decision.