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Unfair dismissal, injury to feelings, compensation, contract of employment Johnson v Unisys Limited [2001] UKHL 13 is a leading UK labour law case on the measure of damages for unfair dismissal and the nature of the contract of employment.
Claims of unfair dismissal can only be brought before an employment tribunal. There are strict and very short time limits for claims of unfair dismissal. Normally a claim must be brought within three months of the last day of employment, counting the last day of employment as the first day of the three-month period. [134]
The ECJ responded [4] that unfair dismissal compensation did constitute pay under TEC article 119, and that unfair dismissal legislation therefore fell within the ambit of EU measures on discrimination. The test for disparate impact would be borne out by evidence, including statistics and the relevant time was whether a "lesser but persistent ...
The short answer to this submission is that an injunction to prevent a threatened unfair dismissal does not cut across the statutory scheme for compensation for unfair dismissal. None of the objections based on the co-existence of inconsistent parallel common law and statutory rights applies.
The unfair dismissal claim would, if he is well advised, be in respect of the post-termination period and sue in court for wrongful dismissal in respect of the notice period, thus stretching out the statutory limits by making the unfair dismissal limit only start running from a later date to allow perhaps more loss of earnings and ignoring the ...
Polkey v AE Dayton Services Ltd [1987] UKHL 8 is a UK labour law case, concerning unfair dismissal, now governed by the Employment Rights Act 1996.. The phrase 'Polkey deduction' has become a standard concept in UK Employment Tribunals, as a result of this case and later ones, meaning that even if a Tribunal decides a dismissal was unfair, it must separately decide whether the compensatory ...
the dismissal was harsh, unjust or unreasonable; [23] it was not consistent with the Small Business Fair Dismissal Code; [24] [25] and; it was not a case of genuine redundancy. [26] If the Fair Work Commission determines that a dismissal was unfair, the Commission must decide whether to order reinstatement or compensation. [27]
The median award for unfair dismissal was £4,228; the average award was £8,679. The median award for discrimination was between £5,546 and £9,021 (depending on the type of discrimination). Costs were awarded against claimants in 148 cases, and against respondents in 432 cases. The median costs award was £1,136.