Remedies and penalties

New and updated

• 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.

• Date:

  1 June 1995

  Type:

  Employment law cases

  Formal harassment policy recommended

  In Campbell v Datum Engineering Co Ltd a Birmingham industrial tribunal recommends that a firm found to have unlawfully discriminated on grounds of race should take steps such as introducing a formal racial harassment procedure, providing recruitment training for all managers and giving consideration to the eradication of pay anomalies in order to avoid future race claims.

• Date:

  1 March 1995

  Type:

  Employment law cases

  £2,000 award for injury to feelings approved

  In Automotive and Financial Group Ltd v Bark the EAT has held that a compensation award of £2,000 for injury to feelings to a trainee salesperson, who was dismissed after she was sexually harassed, fell within the bracket of permissible awards.

• Date:

  1 January 1995

  Type:

  Employment law cases

  Unfair dismissal remedies: EAT addresses limits of "Polkey" reductions

  In a number of recent cases, the EAT has considered the approach industrial tribunals should take when considering reducing unfair dismissal compensation on the grounds that the unfairness was due only to "procedural" failures.

• Date:

  1 December 1994

  Type:

  Employment law cases

  Aggravated damages for failure to apologise

  In Patel and Harewood v T & K Home Improvements Ltd and Johnson a Bedford industrial tribunal (Chair: C Tribe) awards aggravated damages against an employer who treated workplace notices which contained racially abusive material as a joke during tribunal proceedings and did not offer an apology to the complainants.

• Date:

  1 December 1994

  Type:

  Employment law cases

  Discriminatory dismissal damaged health

  A car salesman whose health suffered as a direct result of sex discrimination when he was dismissed because he was a man is awarded £15,000 compensation, including £5,000 for injury to feelings, by a Birmingham industrial tribunal (Chair: J K Macmillan) in Smith v Swithland Motors plc.

• Date:

  1 December 1994

  Type:

  Employment law cases

  £8,000 injury to feelings award for maternity leaver

  In McClenaghan and Rice v British Shoe Corporation Ltd a Belfast industrial tribunal (Chair: E McBride) awards £11,455 compensation, including £8,000 for injury to feelings, to a maternity leaver who suffered "severe depression" following her dismissal when illness prevented her from returning to work within the statutory period.