compensation
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Unfair dismissal - Case Round-Up: August 2017
In this month's round-up, Mark Shulman, consultant solicitor with Keystone Law, looks at recent cases on qualifying service, adding a new unfair dismissal claim, a week’s pay for compensation purposes and the implication of a contractual term by custom and practice.
- resources
14/08/2017 12:01
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"Principles for compensating pension loss" in the ET now published
Following the withdrawal of the 2003 edition of ‘Compensation for Loss of Pension Rights: Employment Tribunals’, a working party of Employment Judges was set up to provide guidelines for the calculation of pension loss. These guidelines have just been published and are called “Principles for compensating pension loss".
- news
10/08/2017 16:39
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BAE Systems (Operations) Ltd v Konczak [2017] EWCA Civ 1188
Appeal against the compensation awarded to the Claimant after she won her claims of sex and disability discrimination and victimisation. This is an important case in which divisible and indivisible harm is discussed in detail. Appeal dismissed.
- cases
01/08/2017 10:57
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University of Sunderland v Drossou UKEAT/0341/16/RN
Appeal against the inclusion of employer pension contributions when determining the Claimant's weekly pay and against a failure to reduce the basic award for contributory fault. Appeal allowed on the basic award reduction only.
- cases
26/07/2017 16:25
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International Petroleum Ltd & Ors v Osipov & Ors UKEAT/0058/17/DA
Appeal against a decision that the Claimant was dismissed because he had made protected disclosures. Cross-appeal against various aspects of the remedy judgment. Appeal dismissed in the main; cross-appeal allowed.
- cases
20/07/2017 16:36
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De Souza v Vinci Construction (UK) Ltd [2017] EWCA Civ 879
Appeal against a decision by the ET, and upheld by the EAT, that the Simmons v Castle 10% uplift does not apply to awards for injury to feelings. Appeal allowed.
- cases
11/07/2017 15:10
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Accruals, deductions and tax : they all add up - Case Round-Up: June 2017
In this month's round-up, Mark Shulman, consultant solicitor with Keystone Law, looks at calculating the cut-off for unlawful deductions claims when there is a series of deductions, the rate at which annual salaries accrue and grossing up for income tax on ET compensation.
- resources
12/06/2017 16:44
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PA Finlay & Co Ltd v Finlay UKEAT/0260/14/BA
Appeal against the award for arrears of pay amd against the grossing up calculation undertaken by the ET. Appeal allowed and corrections made.
- cases
18/05/2017 10:33
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March 2017 Online Update Course
12 questions related to compensation
- resources
16/03/2017 18:57
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Zebrowski v Concentric Birmingham Ltd UKEAT/0245/16/DA
Appeal against the calculation of the Claimant's compensation in respect of a Polkey deduction that was applied. Appeal allowed and remitted to the ET for it to explain, before assessing the appropriate compensation, which calculation option it had chosen and for it then to assess that compensation accordingly.
- cases
13/03/2017 11:39