Employment Tribunal Remedies 2011-2012

Fourth Edition

Anthony Korn and Mohinderpal Sethi

Comprehensive UK guide to the remedies, including financial awards, available for claims brought to the tribunal
Detailed guidance on award calculation, case preparation, and evidence in the United Kingdom
Practical features including worked examples and calculations enable practitioners to quickly identify points to prove
Clear and accessible layout enables easy navigation
Analyzes the underlying principles of employment tribunal awards

New to this Edition:

Increased coverage of discrimination and equal pay
Fully updated to take into account changes as a result of the Employment Equality (Age) Regulations 2006, the Equality Act 2010, the ACAS Code of Practice on Disciplinary and Grievance, the Transfer of Undertakings (Protection of Employment) Regulations 2006, and the Companies Act 2006
Coverage of all recent relevant UK case law
Increased use of practical features such as calculations and worked examples

Employment Tribunal Remedies 2011-2012

Fourth Edition

Anthony Korn and Mohinderpal Sethi

Description

Employment Tribunal Remedies is a new edition of the established work, which was previously published as Employment Tribunal Compensation. It provides a comprehensive, practical, and accessible UK guide to the remedies, including financial awards, available for every type of claim brought to the tribunal, including wrongful dismissal, unfair dismissal, redundancy, discrimination, equal pay, and claims for unpaid wages. It includes specific guidance on award calculation and key practical issues including case preparation and evidence, tribunal procedure, settlement, and tax liabilities in the United Kingdom. It also provides an examination of the principles underlying employment tribunal awards and their continuing development.

The new edition of this work has been substantially revised to include increased coverage of discrimination and equal pay, including changes as a result of the Employment Equality (Age) Regulations 2006 and the Equality Act 2010, and changes to compensatory awards as a result of the abolition of the statutory dispute resolution procedures and the new ACAS Code of Practice on Disciplinary and Grievance. It also takes into account the impact of the Transfer of Undertakings (Protection of Employment) Regulations 2006, and the Companies Act 2006, as well as coverage of all recent relevant case law.

The new edition increases the use of practical features, including worked examples and calculations, to enable practitioners to quickly identify key issues and points to prove.

Employment Tribunal Remedies 2011-2012

Fourth Edition

Anthony Korn and Mohinderpal Sethi

Part I: Compensation for Breach of Contract and Wrongful Dismissal
1. Compensation for wrongful dismissal as a remedy in Employment Tribunals
2. Tax and miscellaneous matters
Part II: Unfair Dismissal
3. Re-employment order and the additional award
4. Unfair Dismissal: The basic award
5. A week's pay
6. The compensatory award: general principles
7. Calculating the compensatory award: Loss of earnings
8. Calculating the compensatory award: Fringe benefits and expenses
9. Calculating the compensatory award: Pensions
10. Calculating the compensatory award: Manner of dismissal
11. Calculating the compensatory award: Loss of statutory rights
12. Reducing unfair dismissal compensation: Justice and equity
13. Mitigation of loss
14. Contributory fault
15. Ex gratia payments and other deductions
16. Recoupment regulations, tax and miscellaneous matters
Part III: Redundancy
17. Calculating redundancy payments
Part IV: Compensation in discrimination cases
18. Compensation in discrimination cases: General principles
19. Compensation in discrimination cases: Loss and interest
20. Compensation in discrimination cases: Other equality claims
Part V: Compensation for other Employment Tribunal claims
21. Compensation for claims arising during employment
Part VI: Tribunal Procedures in compensation claims
22. Tribunal Procedure
Part VII: Settlement
23. Settlement
Appendices
Appendix 1: Assessment of Compensation Table for Unfair Dismissal Cases: Tribunal Form
Appendix 2: Compensatory Limits

Employment Tribunal Remedies 2011-2012

Fourth Edition

Anthony Korn and Mohinderpal Sethi

Author Information

Anthony Korn is a barrister specializing in all aspects of employment law, having previously worked at two leading firms of solicitors. He was the author of Employment Tribunal Compensation, on which this book is based, and is a former editor of ELA Briefing. He currently practices at No 5 Chambers.

Mohinderpal Sethi is a barrister practicing at Devereux Chambers, London. He was the author of Employment Tribunal Compensation, on which this book is based. He is a member of the Editorial Board of ELA Briefing and specializes in all aspects of employment and discrimination law.

Contributors:

Part I: Compensation for Breach of Contract and Wrongful Dismissal
1: Compensation for wrongful dismissal as a remedy in Employment Tribunals
What Is Wrongful Dismissal?
Lawful Termination of Contract
Frustration
Assessing Compensation for Wrongful Dismissal
Calculating the Statutory Notice Entitlement
Pay in Lieu of Notice
Reduction of Damages
2: Tax and miscellaneous matters
Tax
Miscellaneous Matters
Employment Tribunal Jurisdiction
Calculating Damages for Wrongful Dismissal
Part II: Unfair Dismissal
3: Re-employment order and the additional award
Introduction
Orders for Re-Employment
Terms of Re-Employment
Enforcing a Re-Employment Order
Interim Re-Employment
4: Unfair Dismissal: The basic award
Introduction
Calculating the Basic Award
Minimum Basic Award
Reducing the Basic Award
Deductions from the Basic Award
5: A week's pay
Problems of Definition
Normal Working Hours
Remuneration
The Calculation Date
Methods of Calculating a Week's Pay
Statutory Maximum
6: The compensatory award: general principles
Introduction
Compensation, Not Punishment
Compensation for Economic Loss
Date of Dismissal
Remoteness
Heads of Compensation
Statutory Maximum
7: Calculating the compensatory award: Loss of earnings
Introduction
What Losses Count
Credits for Payments Received
Assessing Loss of Earnings
Loss of Future Earnings
8: Calculating the compensatory award: Fringe benefits and expenses
Introduction
General Principles
Multiplier
Valuing Fringe Benefits
Company Cars
Accommodation
Company Loans
Other Benefits
Expenses
9: Calculating the compensatory award: Pensions
Introduction and General Principles
Types of Pension
Types of Loss
Methods of Calculating Loss
Other Principles
Tribunal Guidelines
10: Calculating the compensatory award: Manner of dismissal
Introduction
No Compensation for Injured Feelings
Failure to Comply with the ACAS Code
11: Calculating the compensatory award: Loss of statutory rights
Introduction
Redundancy and Unfair Dismissal
Other Statutory Rights
No Award
Reduced Award
12: Reducing unfair dismissal compensation: Justice and equity
Introduction
Limiting the Compensatory Award
General Principles
Illustrations of the Principles
Other Reasons for Limiting Compensation
Power to Reduce the Compensatory Award
13: Mitigation of loss
Introduction
Defining the Duty to Mitigate in Unfair Dismissal Cases
Re-Employment Orders
Offers of Re-Employment
Duty to find Employment
Limits to the Duty to Mitigate
Onus of Proof
Assessing the Deduction
Mitigation in Fact
Practical Tips
14: Contributory fault
Introduction
General Principles
Amount of Reduction
Consistent Reductions of Awards
New Evidence after the Hearing
Key Points
15: Ex gratia payments and other deductions
Deducting Redundancy Payments from Unfair Dismissal Compensation
Ex Gratia Payments
Ex Gratia Payment as a Defence
Accelerated Payment
16: Recoupment regulations, tax and miscellaneous matters
Recoupment of Benefits from Tribunal Awards
The Monetary Award
Recoupment Procedure
Effect of Regulations
Tax
Interest
Part III: Redundancy
17: Calculating redundancy payments
Introduction
Calculation of a Redundancy Payment
Reducing Redundancy Payments
Tax Liability
Claiming a Redundancy Payment
Part IV: Compensation in discrimination cases
18: Compensation in discrimination cases: General principles
Introduction
General Principles
Compensation for Indirect Discrimination
Recommendation
19: Compensation in discrimination cases: Loss and interest
Non-Financial Loss
Financial Loss
Mitigation
Compliance with Statutory Codes
Interest
20: Compensation in discrimination cases: Other equality claims
Compensation for Unequal Contract Terms (Including Pay)
Compensation for Part-Time Workers and Fixed-Term Employees
Occupational Pension Schemes
Part V: Compensation for other Employment Tribunal claims
21: Compensation for claims arising during employment
Introduction
Written Particulars
Payment of Wages
National Minimum Wage
Guarantee Payments
Statutory Rights to Time Off Work
Flexible Working
Action Short of Dismissal
Protection against Detriment
Working Time Regulations
The Right to be Accompanied
Right to Written Reasons for Dismissal
Other Statutory Rights
Compensation Claims against Trade Unions
Part VI: Tribunal Procedures in compensation claims
22: Tribunal Procedure
Introduction
General Principles
Schedule of Loss
Process for Obtaining Additional Information
Case Management
Tribunal Procedure in Equal Pay Claims
Reviewing Employment Tribunal Judgments
Costs in Employment Tribunals
Enforcement of Awards
Appealing Tribunal Awards
Part VII: Settlement
23: Settlement
Introduction
Settlement of Compensation Claims
Binding Settlement of Statutory Claims
Some Standard Clauses
Appendices
Appendix 1: Assessment of Compensation Table for Unfair Dismissal Cases: Tribunal Form
Appendix 2: Compensatory Limits

Employment Tribunal Remedies 2011-2012

Fourth Edition

Anthony Korn and Mohinderpal Sethi

Reviews and Awards

"An extremely helpful resource and space should be made in your employment library for this book. It is definitely a 'must read' for anyone facing a remedies hearing in the tribunal" --Jessica Shemmings, Speechly Bircham LLP (ELA Briefing Vol 18 No 7)

"Extremely clear and well-written. All in all, very helpful and highly recommended." --Jeremy Nixon, Partner, Employment team, Thrings LLP (New Law Journal)

"You'd do well to regard this book - with its very detailed, logical and practical approach - as an essential addition to your library. This is one of the most useful books on this complicated subject." --Phillip Taylor, Richmond Green Chambers