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Vol 23 No 5 May/June 2018

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Employment Tribunal Remedies 4th ed

ISBN13: 9780199586417
Previous Edition ISBN: 0199288119
Published: February 2011
Publisher: Oxford University Press
Country of Publication: UK
Format: Paperback
Price: £89.00

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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 the tribunal, 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. It also 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 the statutory 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.

Employment 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
Assessing Compensation for Wrongful Dismissal
Calculating the Statutory Notice Entitlement
Pay in Lieu of Notice
Reduction of Damages
2: Tax and miscellaneous matters
Miscellaneous Matters
Employment Tribunal Jurisdiction
Calculating Damages for Wrongful Dismissal

Part II: Unfair Dismissal
3: Re-employment order and the additional award
Orders for Re-Employment
Terms of Re-Employment
Enforcing a Re-Employment Order
Interim Re-Employment
4: Unfair Dismissal: The basic award
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
The Calculation Date
Methods of Calculating a Week's Pay
Statutory Maximum
6: The compensatory award: general principles
Compensation, Not Punishment
Compensation for Economic Loss
Date of Dismissal
Heads of Compensation
Statutory Maximum
7: Calculating the compensatory award: Loss of earnings
What Losses Count
Credits for Payments Received
Assessing Loss of Earnings
Loss of Future Earnings
8: Calculating the compensatory award: Fringe benefits and expenses
General Principles
Valuing Fringe Benefits
Company Cars
Company Loans
Other Benefits
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
No Compensation for Injured Feelings
Failure to Comply with the ACAS Code
11: Calculating the compensatory award: Loss of statutory rights
Redundancy and Unfair Dismissal
Other Statutory Rights
No Award
Reduced Award
12: Reducing unfair dismissal compensation: Justice and equity
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
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
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

Part III: Redundancy
17: Calculating redundancy payments
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
General Principles
Compensation for Indirect Discrimination
19: Compensation in discrimination cases: Loss and interest
Non-Financial Loss
Financial Loss
Compliance with Statutory Codes
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
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
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
Settlement of Compensation Claims
Binding Settlement of Statutory Claims
Some Standard Clauses
Appendix 1: Assessment of Compensation Table for Unfair Dismissal Cases: Tribunal Form
Appendix 2: Compensatory Limits;