Employment disputes

New and updated

• Date:

  1 July 1995

  Type:

  Employment law cases

  Redundancy: Discovery of assessment forms must relate to issues raised

  In British Aerospace plc v Green, the Court of Appeal considers the guiding principles for ordering discovery of marked assessment forms in cases where redundant employees claim that they were unfairly selected.

• Date:

  1 June 1995

  Type:

  Employment law cases

  Private sexual harassment hearing not permitted

  An industrial tribunal is not entitled to exclude members of the public (including the press) from the hearing of a sexual harassment case when the evidence to be given is of a sensitive or salacious nature, the Divisional Court has ruled in R v Southampton Industrial Tribunal ex parte INS News Group.

• 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

  Tribunal extends time limit following CRE mistake

  A race discrimination claim presented outside the statutory time limit because of a mistake by the Commission for Racial Equality (CRE) could be considered, rules a Birmingham industrial tribunal (Chair: J G Haslam) in Gill v Hereford & Worcester County Council.

• 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.