Remedies and penalties
We look at four employment tribunal cases in which the claimants successfully argued that the mishandling of the disciplinary process rendered their dismissals unfair.
In Rentplus UK Ltd v Coulson, the Employment Appeal Tribunal held that an employer cannot escape the requirements of the "Acas code of practice on disciplinary and grievance procedures" by disguising a dismissal for misconduct or poor performance as a redundancy.
We look at four recent discrimination cases where the tribunals upheld the claims and ordered the employers to pay compensation, including one of the highest ever discrimination awards.
In Slade and another v Biggs and others, the Employment Appeal Tribunal held that the tribunal had been entitled to apply the 25% Acas uplift to the awards for aggravated damages and injury to feelings, given its findings of serious pregnancy discrimination.
In Grant v Hunter Price International Ltd and another, an employment tribunal refused to reduce the claimant's award of £73,853 for pregnancy discrimination and constructive dismissal for covertly recording meetings during a discriminatory disciplinary procedure.
In Base Childrenswear Ltd v Otshudi, the Employment Appeal Tribunal considered the level of race discrimination compensation for an employee whose appeal against her dismissal and post-dismissal grievance were ignored.
In Antuzis and others v DJ Houghton Catching Services Ltd and others, the High Court held that the director and company secretary were both jointly and severally liable for the employer's statutory and contractual breaches.
In University of Sunderland v Drossou, the Employment Appeal Tribunal (EAT) held that employer pension contributions should be included when calculating a "week's pay" under s.221(2) of the Employment Rights Act 1996.
In Santos Gomes v Higher Level Care Ltd, the Court of Appeal held that compensation for injury to feelings is not available in a claim under the Working Time Regulations 1998 (SI 1998/1833) for a failure to provide 20-minute rest breaks..
In South Yorkshire Fire & Rescue Service v Mansell and others, the Employment Appeal Tribunal (EAT) held that workers can be awarded compensation for injury to feelings in working time detriment claims.
Employment law cases: HR and legal information and guidance relating to remedies and penalties.