compensation
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Compensation - Case Round-Up: October 2014
In this month's round-up, Mark Shulman consultant solicitor with Keystone Law, looks at recent cases where ET’s have made inconsistent findings when assessing compensation.
- resources
13/10/2014 09:21
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Griffin v Plymouth Hospital NHS Trust [2014] EWCA Civ 1240
Appeal against the calculation of remedy in respect of future loss and pension loss following successful claims of constructive unfair dismissal and disability discrimination. Appeal allowed in respect of the pension loss calculation.
- cases
24/09/2014 15:07
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Hamer v Kaltz Ltd UKEAT/0502/13/BA
Appeal against an EAT judgment which made a 100% Polkey deduction to the claimant’s compensatory award. Cross-appeal against a 10% deduction in the basic award. Appeal allowed, cross-appeal dismissed.
- cases
15/09/2014 18:40
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Malcolm v Dundee City Council UKEATS/0050/13/SM
Appeal and cross-appeal against the amount awarded to the claimant after her successful claim of sexual harassment. Appeal allowed in part.
- cases
09/09/2014 10:10
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Somerset County Council v Chaloner UKEAT/0063/14/JOJ; UKEAT/0064/14/JOJ
Claimant’s appeal against the calculation of the remedy and finding on mitigation following her successful claim of unfair dismissal. Respondent’s counter claim relating to pension loss. Both appeals were allowed and the case was remitted to a fresh Tribunal to determine all points on remedy.
- cases
04/09/2014 15:31
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Countrywide Estate Agents & Ors v Turner UKEAT/0208/13/LA
Appeal against the calculation of compensation following a successful claim of unfair dismissal, and against a finding that the claimant had been wrongfully dismissed. Appeal allowed in respect of the calculation of compensation.
- cases
21/08/2014 10:19
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Coker v Wandsworth Borough Council UKEAT/0421/13/BA
Appeal concerning compensation concerning a number of issues but in particular whether the simple or substantial pension loss approach should have been applied by the ET and if so how.
- cases
29/06/2014 21:22
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Frith Accountants Ltd v Law UKEAT/0460/13/SM
Appeal against a finding that there should be no deduction for contributory fault in either the basic or compensatory award, and against a conclusion that there was a 40% chance the claimant would have lost her employment by dismissal or resignation 8 months after the date on which she did actually resign. Appeal allowed in part.
- cases
21/04/2014 13:16
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Worrell v Hootenanny Brixton Ltd UKEAT/0381/13/SM
Appeal against both the basic and compensatory awards being reduced by 100% for contributory fault. Appeal allowed on a limited basis and remitted to the same Employment Tribunal for findings of fact to be made and for re-consideration of the issues of wrongful dismissal and contributory fault.
- cases
02/04/2014 20:54
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Wincanton Group Ltd v De Cort & Anor UKEAT/0170/13/DM
Appeal against the remedy in respect of an unfair dismissal case. Appeal allowed and remitted to the ET to consider compensation afresh.
- cases
24/03/2014 11:32
