Employment Tribunal Remedies

ISBN: 9780199586417 出版年：2011 页码：509 Korn, Anthony Sethi, Mohinderpal Oxford University Press

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