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Remedies and penalties

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  • Date:
    20 April 2017
    Type:
    Employment law cases

    Right to be accompanied: £2 award after employer turns down employee's chosen companion

    An employment tribunal has held that the employer breached the claimant's right to be accompanied when it refused to allow his chosen companions, trade union representatives, to accompany him at a disciplinary appeal hearing. However, it awarded compensation of £2 only, on the basis that the employer had understandable reasons for the refusal.

  • Date:
    3 April 2017
    Type:
    Employment law cases

    Breach of contract: £25,000 award for apprentice whose apprenticeship ended early

    An employment tribunal has awarded £25,000 for breach of contract to an apprentice whose contract of apprenticeship, which was due to run for four years, was terminated after less than two years.

  • Date:
    6 March 2017
    Type:
    Employment law cases

    Breach of contract: nominal damages for misuse of confidential information

    The High Court has held that two ex-employees breached their contracts of employment by misusing confidential information belonging to their former employer's business. However, the High Court found that the employer had not suffered any financial loss and that it was entitled to only nominal damages of £1 from each employee.

  • Date:
    24 January 2017
    Type:
    Employment law cases

    Agency workers: calculating compensation when hirer liable for breach

    The Employment Appeal Tribunal (EAT) has confirmed the correct approach that tribunals should follow when calculating compensation for an infringement of reg.5(1) of the Agency Workers Regulations 2010.

  • Date:
    27 October 2016
    Type:
    Employment law cases

    Sexual harassment award: £14,000 for injury to feelings not excessive

    The Employment Appeal Tribunal (EAT) has upheld an employment tribunal decision to award £14,000 for injury to feelings after a young lawyer was subjected to sexual harassment in the workplace and forced out of her job. Zoe Lomax, employment associate at DLA Piper, examines the decision including the level of compensation dictated by the Vento bands.

  • Date:
    5 October 2016
    Type:
    Employment law cases

    Sex discrimination: £28,321 award over Network Rail's policy on enhanced shared parental pay

    An employment tribunal in Scotland has awarded £28,321 to a Network Rail employee over his employer's policy of giving a period of full pay to mothers and primary adopters on shared parental leave, but paying only statutory shared parental pay to partners and secondary adopters.

  • Date:
    24 September 2016
    Type:
    Employment law cases

    Compensation uplift: Acas code of practice does not apply to ill-health dismissal involving no culpable conduct

    In Holmes v Qinetiq Ltd [2016] IRLR 664 EAT, the EAT held the "Acas code of practice on disciplinary and grievance procedures" has no application where an employer does not allege culpable conduct by an employee. Accordingly, no uplift to compensation under s.207A of TULR(C)A could be applied where the employee was unfairly dismissed on ill-health grounds.

  • Date:
    1 September 2016
    Type:
    Employment law cases

    Case round-up

    Chris Cook is partner and head of employment and Keely Rushmore is senior associate at SA Law. They round up the latest rulings.

  • Date:
    22 August 2016
    Type:
    Employment law cases

    Tribunal remedies round-up: discrimination arising from disability

    We round up three recent employment tribunal awards for discrimination arising from disability under the Equality Act 2010. The compensation awarded in these three cases totals over £25,000.

  • Date:
    17 August 2016
    Type:
    Employment law cases

    Employment tribunal awards damages of one month's salary where job offer withdrawn

    An employment tribunal has awarded a claimant damages for breach of contract where he verbally accepted a job offer made by the employment agency acting for the employer, and the employer subsequently withdrew the offer.