Unfair Dismissal: Compensation & Remedies Episode 5
The Employment Law & HR Podcast
Release Date: 05/24/2024
Harsh Words, Harsh Consequences: What Employers Can Learn from an Unfair Dismissal Case
The Employment Law & HR Podcast
In this episode 255 of the employment law and HR podcast I cover an employment tribunal decision where an employee who called their manager a derogatory name was found to have been unfairly dismissed. Although the language used was clearly inappropriate, the tribunal decided that dismissal was too severe a response. This episode unpacks why and what lessons both employers and employees can take from it. In this episode we cover: The facts of the case – what actually happened and how the dispute reached tribunal. How the tribunal assessed whether the dismissal was fair in all the...
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When Is Sexual Harassment “In the Course of Employment”?
The Employment Law & HR Podcast
In this episode 254 of the employment law and HR podcast I cover a recent Employment Appeal Tribunal decision that sheds light on a vital question for employers: In this episode we cover: When is an employer responsible for the actions of an employee who sexually harasses a colleague? This case involved a hospitality recruitment agency and a worker (AB) who was sexually harassed by a colleague (CD) while travelling in his car. The central legal issue was whether the colleague’s conduct could be said to have taken place “in the course of employment” under section 109 of the Equality Act...
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Fix It Before It Festers: Taking Early Action on Workplace Concerns
The Employment Law & HR Podcast
Practical Guidance for Managers When it comes to managing workplace issues, prevention is always better than cure. In this episode 253 of the Employment Law & HR Podcast, we dive into why early action matters, how to spot the signs of trouble, and practical steps you can take to stop minor issues from escalating into costly legal problems. In this episode, we cover: Why early action is often avoided by employers and managers. The real cost of delaying action on workplace concerns. Spotting the early warning signs that something isn’t right. How to have effective “fix...
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Constructive Unfair Dismissal Explained: Case examples
The Employment Law & HR Podcast
In this episode 252 of the podcast following on from the I bring you a rundown of some employment tribunal case examples. In this episode I cover the following cases: Isle of Wight Tourist Board v Coombes [1976] If you would like support to understand if you may have a claim for constructive unfair dismissal please do not hesitate to contact our office on 01983 897003 for a free no obligation discussion. We can also help if you are an employer defending a claim in the Employment Tribunal. Don’t forget to subscribe to the podcast to stay informed on the latest in...
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Summer Message
The Employment Law & HR Podcast
This is a quick summer message as I am taking a short break from the podcast for some rest and family time. The Real Employment Law Team are still available if you have any questions or would like any advice or support over the summer. Thanks for listening. Alison
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Constructive Unfair Dismissal Explained: What is needed for a claim?
The Employment Law & HR Podcast
In this episode 251 of the podcast I bring you a rundown of the law regarding constructive unfair dismissal. In this episode I cover: What Constructive Unfair Dismissal is? How the law came about Why we have the legal right to claim constructive unfair dismissal How constructive unfair dismissal differs from unfair dismissal The leading case and judgement from Western Excavating v Sharp An employee can claim an employer has breached both express and implied terms The implied term of trust and confidence and how this was established The leading case of Malik v BCCI What an employee...
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Warnings at work
The Employment Law & HR Podcast
In this episode 250 of the podcast I bring you a run down of the process for dealing with warnings as a disciplinary or capability sanction. In this episode I cover: What a warning is. Why some managers use warnings inappropriately. When a warning should be used. The procedure for issuing a warning. Why it is important to follow the correct procedure when issuing a warning. How long warnings should last for. What you should consider if you want to give an indefinite warning. When you can take into consideration an expired warning. What to consider if you want to dismiss an employee after...
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Substantive delays in the Employment Tribunal & the impact this has on employers and employees
The Employment Law & HR Podcast
In this episode 249 of the podcast I bring you my thoughts on the substantive delays in the employment tribunal process which are hindering access to justice for employees and increasing costs and stress for employers and employees. In this episode I cover: My own and my colleagues first hand experience of the delays in the employment tribunal. A summary of the latest employment tribunal statistics published detailing the number of cases that have been submitted and the number of cases that are currently in the system. Some real life cases where judgements have been issued and published...
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Understanding Annual Leave Entitlement & Holiday Pay: A Guide for Employers and HR Managers
The Employment Law & HR Podcast
In this episode 248 of the podcast I bring you a reminder and refresher about the way in which you calculate holiday entitlement and pay. We cover the key points employers, employees and HR professionals need to know, including: Why it is important to calculate leave entitlement and pay separately. How to calculate annual leave entitlement for a regular employee with guaranteed or set hours. How to calculate annual leave entitlement for an irregular hours, zero hour or part year worker. What you need to consider when calculating holiday pay for all employees. When you can pay the standard or...
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Neonatal Care Leave and Pay – What You Need to Know
The Employment Law & HR Podcast
In this episode 247 of the podcast I explore the new law concerning neonatal care leave and pay – a new statutory right designed to support parents whose babies require neonatal care after birth. We cover the key points employers, employees and HR professionals need to know, including: What neonatal care leave is and who will be eligible How the statutory leave and pay will work in practice The qualifying conditions for employees The likely impact on employers and pay requirements Practical steps to prepare for the new legislation Whether you’re an employer, HR advisor, or employee...
info_outlineIn this weeks’ episode of the podcast I will tell you what the compensation could be for an employee who is successful in a claim for unfair dismissal and the other lesser used remedies. This is the fifth of 6 episodes that will focus on all of the key aspects of unfair dismissal, including everything you need to know to really get to grips with dismissals and what constitutes a fair dismissal.
In this episode 227 I will cover:
- What the remedies are for unfair dismissal.
- What the difference is between an order for reinstatement and an order for re-engagement.
- How compensation for unfair dismissal is calculated.
- What the ‘Basic Award’s is.
- What the ‘Compensatory Award’ includes.
- What the Statutory Cap means.
- How causation effects compensation for unfair dismissal.
- What a Polkey deduction is.
- How the employees contributory fault can reduce compensation.
- What will happen if an employee has been claiming state benefits.
- Why an employee must try to mitigate their loss.
- Why employers should consider all of these issues in their defence and in producing evidence.
Action Points
If you receive a claim against you in the Employment Tribunal you should get advice to help to mitigate your losses.
Helpful Links
Training for your Team
Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams.
The types of training we can deliver for you are:
- An introduction to the Equality Act
- Equality and Diversity Training
- An introduction to disciplinary & grievance processes and the law
- Holding effective 1:1’s
- Appraisal training—Introduction
- Appraisal training—Refresher
- Holding difficult conversations
- Effective root cause analysis
- Giving and receiving effective feedback
- Dealing with change & change management
- Time management
- Absence management
- How to carry out a disciplinary investigation
- Managing the disciplinary process
- Managing the grievance process
- Performance and capability management
- Assertiveness & managing confidently
- The skills required to be a good manager
- An introduction to mental health at work for managers
Please drop me an email alison@realemploymentlawadvice.co.uk
Fixed Price Advice from Real Experts
As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
We have a variety of free documents and letters which are available to download here: DIY Documents
We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE
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