Archive for the ‘Wrongful Dismissal’ Category
By Philip - Thursday, July 19th, 2007
For those of you who have been away for the last few days, (walking on the moon, being an englishman in new york or dreaming with blue turtles perhaps,) you may have missed the news that the Employment Tribunal has made an award in the sex discrimination case involving Mr and Mrs Sting.
Anyway Sting will not need to catch every breath he takes as the award was loose change in relative terms, being just shy of £25k. My reading of the press reports was that the award would have been higher had the Claimant’s solicitors asked for aggravated damages and costs, which is food for thought! The matter is going to appeal so maybe the EAT will allow this ex police-man to use his get out of jail card. (Fancy a fellow band member calling you a petulant pansy, I can see a sexual orientation claim there!)
Posted in Employment Tribunal Procedure, Sex/Race Discrimination, Wrongful Dismissal | 1 comment »
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By Sarah - Friday, July 13th, 2007
A Scottish case has ruled that Pay in lieu of Notice (PILON) clauses cannot be implied into contracts of employment. If an employer wishes to pay their employees a PILON, then there must be an express term allowing it otherwise it will be a breach of contract.
This decision which can be read here is important for tax reasons and for the employer in particular. If the employer breaches the contract, then they are unlikely to be able to enforce restrictive covenants against the employee. In this case by making a PILON instead of allowing the employee to work his twelve month notice, the employer was depriving the employee of a bonus payment.
The Court of session stated that “it had strong reservations as to whether, in the 21st Century, there is any scope for the implication of such a term” as it would contrary to the express right for him to receive notice.
Posted in Breach of Contract, Wrongful Dismissal | No comments »
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By Philip - Thursday, January 11th, 2007
The EAT have confirmed that employees claiming Wrongful Dismissal (breach of contract) because they were not given notice or pay in lieu of notice, must give their employer credit for any money they earn during their notional notice period. For example, if an employee has a three month notice period, but finds a job after two months, he can only claim two months’ net pay and not his full contractual entitlement because he has earned the third month’s money from the new employer and therefore only actually lost out on two months’ pay (assuming the remuneration level in the new job is the same as the old one). The full case can be found here.
Posted in Wrongful Dismissal | No comments »
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