Employment Tribunal Remedies 2011-2012

Paperback | April 15, 2011

byAnthony Korn, Mohinderpal Sethi

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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 guide to the remedies, including financial awards, available for every type of claim brought to thetribunal, 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. Italso 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 thestatutory 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.

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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 guide to the remedies, including financial awards, available for every type of claim brought to thetribunal, including wrongful dismissal, unfa...

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 practises at No 5 Chambers. Mohinderpal Sethi is a barrister pr...

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Format:PaperbackDimensions:500 pages, 9.69 × 6.73 × 0.68 inPublished:April 15, 2011Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199586411

ISBN - 13:9780199586417

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Extra Content

Table of Contents

Part I: Compensation for Breach of Contract and Wrongful Dismissal1. Compensation for wrongful dismissal as a remedy in Employment TribunalsWhat Is Wrongful Dismissal?Lawful Termination of ContractFrustrationAssessing Compensation for Wrongful DismissalCalculating the Statutory Notice EntitlementPay in Lieu of NoticeReduction of Damages2. Tax and miscellaneous mattersTaxMiscellaneous MattersEmployment Tribunal JurisdictionCalculating Damages for Wrongful DismissalPart II: Unfair Dismissal3. Re-employment order and the additional awardIntroductionOrders for Re-EmploymentTerms of Re-EmploymentEnforcing a Re-Employment OrderInterim Re-Employment4. Unfair Dismissal: The basic awardIntroductionCalculating the Basic AwardMinimum Basic AwardReducing the Basic AwardDeductions from the Basic Award5. A week's payProblems of DefinitionNormal Working HoursRemunerationThe Calculation DateMethods of Calculating a Week's PayStatutory Maximum6. The compensatory award: general principlesIntroductionCompensation, Not PunishmentCompensation for Economic LossDate of DismissalRemotenessHeads of CompensationStatutory Maximum7. Calculating the compensatory award: Loss of earningsIntroductionWhat Losses CountCredits for Payments ReceivedAssessing Loss of EarningsLoss of Future Earnings8. Calculating the compensatory award: Fringe benefits and expensesIntroductionGeneral PrinciplesMultiplierValuing Fringe BenefitsCompany CarsAccommodationCompany LoansOther BenefitsExpenses9. Calculating the compensatory award: PensionsIntroduction and General PrinciplesTypes of PensionTypes of LossMethods of Calculating LossOther PrinciplesTribunal Guidelines10. Calculating the compensatory award: Manner of dismissalIntroductionNo Compensation for Injured FeelingsFailure to Comply with the ACAS Code11. Calculating the compensatory award: Loss of statutory rightsIntroductionRedundancy and Unfair DismissalOther Statutory RightsNo AwardReduced Award12. Reducing unfair dismissal compensation: Justice and equityIntroductionLimiting the Compensatory AwardGeneral PrinciplesIllustrations of the PrinciplesOther Reasons for Limiting CompensationPower to Reduce the Compensatory Award13. Mitigation of lossIntroductionDefining the Duty to Mitigate in Unfair Dismissal CasesRe-Employment OrdersOffers of Re-EmploymentDuty to find EmploymentLimits to the Duty to MitigateOnus of ProofAssessing the DeductionMitigation in FactPractical Tips14. Contributory faultIntroductionGeneral PrinciplesAmount of ReductionConsistent Reductions of AwardsNew Evidence after the HearingKey Points15. Ex gratia payments and other deductionsDeducting Redundancy Payments from Unfair Dismissal CompensationEx Gratia PaymentsEx Gratia Payment as a DefenceAccelerated Payment16. Recoupment regulations, tax and miscellaneous mattersRecoupment of Benefits from Tribunal AwardsThe Monetary AwardRecoupment ProcedureEffect of RegulationsTaxInterestPart III: Redundancy17. Calculating redundancy paymentsIntroductionCalculation of a Redundancy PaymentReducing Redundancy PaymentsTax LiabilityClaiming a Redundancy PaymentPart IV: Compensation in discrimination cases18. Compensation in discrimination cases: General principlesIntroductionGeneral PrinciplesCompensation for Indirect DiscriminationRecommendation19. Compensation in discrimination cases: Loss and interestNon-Financial LossFinancial LossMitigationCompliance with Statutory CodesInterest20. Compensation in discrimination cases: Other equality claimsCompensation for Unequal Contract Terms (Including Pay)Compensation for Part-Time Workers and Fixed-Term EmployeesOccupational Pension SchemesPart V: Compensation for other Employment Tribunal claims21. Compensation for claims arising during employmentIntroductionWritten ParticularsPayment of WagesNational Minimum WageGuarantee PaymentsStatutory Rights to Time Off WorkFlexible WorkingAction Short of DismissalProtection against DetrimentWorking Time RegulationsThe Right to be AccompaniedRight to Written Reasons for DismissalOther Statutory RightsCompensation Claims against Trade UnionsPart VI: Tribunal Procedures in compensation claims22. Tribunal ProcedureIntroductionGeneral PrinciplesSchedule of LossProcess for Obtaining Additional InformationCase ManagementTribunal Procedure in Equal Pay ClaimsReviewing Employment Tribunal JudgmentsCosts in Employment TribunalsEnforcement of AwardsAppealing Tribunal AwardsPart VII: Settlement23. SettlementIntroductionSettlement of Compensation ClaimsBinding Settlement of Statutory ClaimsSome Standard ClausesAppendicesAppendix 1: Assessment of Compensation Table for Unfair Dismissal Cases: Tribunal FormAppendix 2: Compensatory Limits