Tag Archives: compensation

2020’s parting gift to UK employers – you really shouldn’t have

It is easy to dismiss some EAT decisions as a storm in a teacup, legally-speaking, all very traumatic for those bobbing about in them, but of little significance to the wider world of employment law or practice. Steer – v – Stormsure Limited earlier this month is not one of those decisions. It has the … Continue Reading

Sexual harassment in the workplace, Part 4 – assessment of injured feelings compensation

Here is a mildly disconcerting decision issued by the Employment Appeal Tribunal about the calculation of compensation for injury to feelings in discrimination cases. Mr Komeng was found by the ET to have been serially and directly discriminated against by his employer, Creative Support Limited, in relation to opportunities for personal and professional development and the … Continue Reading

Changes in Polish employment laws bring new costs:benefits equation

This Autumn brings quite a few changes for Polish employers. Not only do new pension plans called PPK (Pracownicze Plany Kapitałowe) became a reality for the biggest Polish employers in the fourth quarter of 2019, but the Labour Code and Code of Civil Procedure see changes too. Some of them result in a need to … Continue Reading

Webinar: De-coding the Complex Indian Employment Landscape

Squire Patton Boggs presents a webinar intended to de-code India’s complex employment landscape. There are a multitude of employment laws to be taken into account, some of which date back to the early part of the last century. As one of the world’s fastest-growing economies over recent years, India’s employment legislation has needed to adapt … Continue Reading

It’s All the Wage! Historic Minimum Wage Increases in California and New York; New York Institutes 12-Week Paid Family Leave

Today (April 4, 2016) California Governor Jerry Brown signed SB 3, raising California’s minimum wage to $15 by 2023.  Under that law, minimum wage in the state of California (currently $10.00 per hour) will increase as follows: Beginning date Small employer (1-25 employees) Large employer (26 or more employees) January 1, 2017 $10.00 $10.50 January … Continue Reading

Equal Pay Momentum – New Jersey Senate Labor Committee Approves Proposed Equal Pay Legislation

A week ago, President Barack Obama announced further efforts by the White House and EEOC to combat gender pay equality issues. The momentum from last week’s announcement carried its way up the coast from the District of Columbia to the state legislature of New Jersey. Yesterday, New Jersey’s Senate Labor Committee approved Senate Bill 992 … Continue Reading

Practical tips for settling injury to feelings claims

Back in 2014 we posted a piece on Moorthy –v- HMRC https://www.employmentlawworldview.com/taxing-times-for-uk-discrimination-claimant/, a case looking at the taxable status of payments to employees for injury to feelings caused by unlawful discrimination. Historically there had been an unspoken understanding that such compensation could be paid tax free, on top of the usual £30,000 allowance for termination … Continue Reading

Mitigation of loss in Employment Tribunals- not a happy new year for UK employers

So you’ve lost the unfair dismissal or discrimination claim against you and are now staring down the barrel of the Employment Tribunal’s jurisdiction to award compensation for the employee’s losses. Never mind, you think – he could easily and immediately have got another job at a pay rate sufficient to extinguish his losses, so the … Continue Reading

Employers beware: Appeal Court heralds significant jump in sexual harassment damages in Australia

Australian employers have been given a clear warning that damages for sexual harassment are likely to be much higher in future.    In October 2013 we wrote about a Ms Richardson who won her sexual harassment claim against her employer and was awarded $18,000 in general damages, being damages for non-economic loss such as pain and … Continue Reading

Impact of claimant’s dishonesty on injury to feelings compensation

So here is Friday’s teaser – let us suppose that an Employment Tribunal has just decided that you have been sexually harassed by your former boss, that he was fixated by your breasts, habitually stared at them and frequently addressed them while in conversation with you.  He has also touched you, uninvited and unreciprocated, on … Continue Reading

UK Custom and Practice in Enhanced Redundancy Terms

This post is kindly written for us by Lord Justice Underhill of the Court of Appeal.  Actually, that’s not entirely (or indeed at all) true.  However, while reciting long tracts of Court Judgments is rarely a good way to make friends and influence people, his recent guidance on when enhanced redundancy terms will become contractual … Continue Reading

Teenage kicks – when the truth hurts

So is it age discrimination to called a teenage employee a “teenager”?  All a question of context, the Employment Tribunal decided in Roberts –v- Cash Zone (Camberley) Limited last month, a ruling which also sheds some side-light on the use of other potentially discriminatory terms in the workplace.   Ms Roberts was 18 when dismissed by … Continue Reading
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