Employment Tribunal Remedies

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 practising 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.

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