Employment Tribunal Compensation,9780199288113

Employment Tribunal Compensation

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Edition: 3rd
ISBN13: 9780199288113
ISBN10: 0199288119
Format: Paperback
Pub. Date: 2006-02-09
Publisher(s): Oxford University Press
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Summary

Employment Tribunal Compensation is a comprehensive and accessible guide to the financial remedies available to employees when making claims in the Employment Tribunal, and the potential cost of such claims to their employers. Designed with the Tribunal practitioner in mind, the book provides practical guidance on the calculation of awards, Tribunal procedure and evidence, in addition to detailed coverage of the key underlying principles and up-to-date case law.

Author Biography


Anthony Korn is a barrister specialising in all aspects of employment law, having previously worked at two leading firms of solicitors. He was the author of Compensation for Dismissal, on which this book is based, and is a former editor of ELA Briefing. He currently practises at the Chambers of David Phillips QC, 199 Strand, London. Mohinderpal Sethi is a barrister practising at No.1 Serjeants' Inn (Chambers of Edward Faulks QC), London. He is a member of the Editorial Board of ELA Briefing and specialises in all aspects of employment and discrimination law.

Table of Contents

Table of Cases xv
Table of Statutes xli
Table of Statutory Instruments lix
List of Abbreviations lxix
PART I COMPENSATION FOR BREACH OF CONTRACT AND WRONGFUL DISMISSAL 1(60)
Chapter 1 COMPENSATION FOR WRONGFUL DISMISSAL
7(46)
A. What Is Wrongful Dismissal?
B. Lawful Termination of Contract
C. Frustration
D. Assessing Compensation for Wrongful Dismissal
E. Calculating the Statutory Notice Entitlement
F. Pay in Lieu of Notice
G. Reduction of Damages
Chapter 2 TAX AND MISCELLANEOUS MATTERS
53(8)
A. Tax
B. Miscellaneous Matters
C. Employment Tribunal Jurisdiction
D. Calculating Damages for Wrongful Dismissal
PART II UNFAIR DISMISSAL 61(218)
Chapter 3 RE-EMPLOYMENT ORDERS AND THE ADDITIONAL AWARD
66(18)
A. Introduction
B. Orders for Re-Employment
C. Terms of Re-Employment
D. Enforcing a Re-employment Order
E. Interim Re-Employment
Chapter 4 UNFAIR DISMISSAL: THE BASIC AWARD
84(9)
A. Introduction
B. Calculating the Basic Award
C. Minimum Basic Award
D. Reducing the Basic Award
E. Deductions from the Basic Award
Chapter 5 A WEEK'S PAY
93(23)
A. Problems of Definition
B. Normal Working Hours
C. Remuneration
D. The Calculation Date
E. Methods of Calculating a Week's Pay
F. Statutory Maximum
Chapter 6 THE COMPENSATORY AWARD: GENERAL PRINCIPLES
116(13)
A. Introduction
B. Compensation, not Punishment
C. Compensation for Economic Loss
D. Date of Dismissal
E. Remoteness
F. Heads of Compensation
G. Statutory Maximum
Chapter 7 CALCULATING THE COMPENSATORY AWARD: LOSS OF EARNINGS
129(25)
A. Introduction
B. What Losses Count
C. Credits for Payments Received
D. Assessing Loss of Earnings
E. Loss of Future Earnings
Chapter 8 CALCULATING THE COMPENSATORY AWARD: FRINGE BENEFITS AND EXPENSES
154(12)
A. Introduction
B. General Principles
C. Multiplier
D. Valuing Fringe Benefits
E. Company Cars
F. Accommodation
G. Company Loans
H. Other Benefits
I. Expenses
Chapter 9 CALCULATING THE COMPENSATORY AWARD: PENSIONS
166(33)
A. Introduction and General Principles
B. Types of Pension
C. Types of Loss
D. Methods of Calculating Loss
E. Other Principles
F. Tribunal Guidelines
Chapter 10 CALCULATING THE COMPENSATORY AWARD: MANNER OF DISMISSAL
199(5)
A. Introduction
B. No Compensation for Injured Feelings
C. Failure to Comply with the Statutory Disputes Resolution Procedure
Chapter 11 CALCULATING THE COMPENSATORY AWARD: LOSS OF STATUTORY RIGHTS
204(3)
A. Introduction
B. Redundancy and Unfair Dismissal
C. Other Statutory Rights
D. No Award
E. Reduced Award
Chapter 12 REDUCING UNFAIR DISMISSAL COMPENSATION: JUSTICE AND EQUITY
207(19)
A. Introduction
B. Limiting the Compensatory Award
C. General Principles
D. Illustrations of the Principles
E. Other Reasons for Limiting Compensation
F. Failure to Comply with Statutory Disputes Resolution Procedure
Chapter 13 MITIGATION OF LOSS
226(18)
A. Introduction
B. Defining the Duty to Mitigate in Unfair Dismissal Cases
C. Re-Employment Orders
D. Offers of Re-Employment
E. Duty to Find Employment
F. Limits to the Duty to Mitigate
G. Onus of Proof
H. Assessing the Deduction
I. Mitigation in Fact
J. Practical Tips
Chapter 14 CONTRIBUTORY FAULT
244(16)
A. Introduction
B. General Principles
C. Amount of Reduction
D. Consistent Reductions of Awards
E. New Evidence after the Hearing
F. Key Points
Chapter 15 EX GRATIA PAYMENTS AND OTHER DEDUCTIONS
260(13)
A. Deducting Redundancy Payments from Unfair Dismissal Compensation
B. Ex Gratia Payments
C. Ex Gratia Payment as a Defence
D. Accelerated Payment
Chapter 16 RECOUPMENT REGULATIONS, TAX, AND MISCELLANEOUS MATTERS
273(6)
A. Recoupment of Benefits from Tribunal Awards
B. The Monetary Award
C. Recoupment Procedure
D. Effect of Regulations
E. Tax
F. Interest
PART III COMPENSATION IN DISCRIMINATION CASES 279(44)
Chapter 17 COMPENSATION IN DISCRIMINATION CASES
281(42)
A. Introduction
B. General Principles
C. Non-Financial Loss
D. Financial Loss
E. Compensation for Indirect Discrimination
F. Mitigation
G. Impact of Dispute Resolution Procedures
H. Appealing Tribunal Awards
I. Interest
J. Other Remedies
K. Compensation for Pay Discrimination
L. Compensation for Part-Time Workers and Fixed-Term Employees
M. Compensation for Age Discrimination
PART IV COMPENSATION FOR OTHER EMPLOYMENT TRIBUNAL CLAIMS 323(52)
Chapter 18 COMPENSATION FOR OTHER EMPLOYMENT TRIBUNAL CLAIMS
325(50)
A. Introduction
B. Written Particulars
C. Payment of Wages
D. National Minimum Wage
E. Guarantee Payments
F. Statutory Rights to Time Off Work
G. Action Short of Dismissal
H. Protection against Detriment
I. Working Time Regulations
J. Flexible Working
K. The Right to Be Accompanied
L. Right to Written Reasons for Dismissal
M. Other Statutory Rights
N. Compensation Claims Against Trade Unions
PART V REDUNDANCY 375(18)
Chapter 19 REDUNDANCY
377(16)
A. Introduction
B. Calculation of a Redundancy Payment
C. Reducing Redundancy Payments
D. Tax Liability
E. Claiming a Redundancy Payment
PART VI TRIBUNAL PROCEDURES IN COMPENSATION CLAIMS 393(22)
Chapter 20 TRIBUNAL PROCEDURES
395(20)
A. Introduction
B. General Principles
C. Schedule of Loss
D. Process for Obtaining Further Information
E. Case Management
F. Tribunal Procedure in Equal Pay Claims
G. Reviewing Employment Tribunal Judgments
H. Costs in Employment Tribunals
PART VII SETTLEMENT 415(24)
Chapter 21 SETTLEMENT
417(22)
A. Introduction
B. Settlement of Compensation Claims
C. Binding Settlement of Statutory Claims
D. Some Standard Clauses
Appendix 1 Assessment of Compensation Table for Unfair Dismissal Cases: Tribunal Form 439(2)
Appendix 2 Compensatory Limits 441(5)
Appendix 3 AA Motoring Costs Tables—May 2005 446(6)
Appendix 4 RAC Vehicle Running Costs Tables—April 2005 452(3)
Appendix 5 Appendices 3-7 from Employment Tribunal Guidelines, Compensation for Loss of Pension Rights (3rd edition) 455(20)
Index 475

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