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Remedies and penalties

New and updated

  • 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.

  • Date:
    1 September 1994
    Type:
    Employment law cases

    Girl trainee mechanic awarded over £24,000

    A teenage girl who was turned down for an apprenticeship as a garage mechanic is awarded compensation of £24,389, including £3,500 for injury to feelings, by a London South industrial tribunal (Chair: E R Donnelly) in Bishop v The Cooper Group plc.

  • Date:
    1 September 1994
    Type:
    Employment law cases

    £10,000 for harassment

    Compensation of £10,000 has been awarded by a Leeds industrial tribunal (Chair: P A Morris) in Miss A and Miss B v R1 and R2 to each of two employees in respect of injury to feelings resulting from sexual harassment.

  • Date:
    1 June 1994
    Type:
    Employment law cases

    Record £300,000 sex bias award

    In Homewood v Ministry of Defence a Glasgow industrial tribunal (Chair: H J Murphy) has awarded £299,851 to a former army major who was forced to resign when she became pregnant.

  • Date:
    1 June 1994
    Type:
    Employment law cases

    Training recommendation

    A recommendation that staff who come into contact with job applicants be trained in the provisions of the Sex Discrimination Act 1975 and that all those handling job applications and conducting interviews be trained in the avoidance of unlawful discrimination has been made by a Middlesborough industrial tribunal (Chair: J D Myers) in Dickinson and Field v Mason and Mason.

  • Date:
    15 December 1993
    Type:
    Employment law cases

    Unfair dismissal remedies: Not practicable to re-engage Tilbury shop stewards

    When deciding whether to order the re-employment of an unfairly dismissed employee, an industrial tribunal only has to make a "provisional" determination or assessment on the practicability of the employer complying with such an order, holds the Court of Appeal in Port of London Authority v Payne and others.

  • Date:
    1 September 1993
    Type:
    Employment law cases

    Compensation limit unlawful

    In Marshall v Southampton and South-West Hampshire Area Health Authority (No.2) (2 August 1993) EOR51A, the European Court of Justice rules that it is contrary to European Community law for a fixed upper limit to be placed on the compensation which can be awarded for the loss and damage suffered as a result of sex discrimination.