The level of compensatory award for unfair dismissal may only be 'grossed up' before, not after the application of the cap | |||
Hardie Grant London Ltd v Aspden (Unfair Dismissal : Constructive dismissal) [2011] UKEAT 0242_11_0311 | |||
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23/11/2011 The EAT (HHJ Peter Clark) has decided in Hardie Grant London Ltd v Aspden that a tribunal when deciding the level of compensatory award for unfair dismissal may only gross up the award before, not after the application of the cap (when allowing for taxation). Tax was due on the Claimant's compensatory award after winning the case for constructive unfair dismissal (as it exceeded £30,000). The ET therefore 'grossed-up' the award to allow for tax. This however brought the gross award over the statutory cap. The employer appealed against the amount of the award and the EAT decided that although the award is intended to cover the loss of net earnings, and that 'grossing-up' will ensure that net lost earnings will be paid, the gross amount must not exceed the statutory cap. Employment Tribunal entitled to conclude, on the facts, that Respondent was in breach of implied term of trust and confidence. Claimant resigned in response. She was constructively dismissed. S.124(1) Employment Rights Act 1996. The Employment Tribunal was wrong to make a compensatory award to Claimant in excess of statutory cap. Grossing up takes place before, not after, application of cap so as to allow for taxation. |
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| Transcript of the judgement:- Hardie Grant London Ltd v Aspden |
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| 2011 Even where lists of issues have been agreed between the parties they should be scrutinised by employment judges. - Price v Surrey County Council & Anor [2011] UKEAT 0450_10_2710 Female workers suffered indirect sex discrimination in a pension scheme but no loss (and therefore will not receive compensation) - Copple & Ors v Littlewoods Plc & Ors [2011] EWCA Civ 1281 In order to claim holiday pay under Reg 16 (1) of the Working Time Regulations an employee must have already have stated an intention to take it. - Fraser v Southwest London St George’s Mental Health Trust [2011] UKEAT 0456_10_0311 Even where lists of issues have been agreed between the parties they should be scrutinised by employment judges. - Price v Surrey County Council & Anor [2011] UKEAT 0450_10_2710 Claimants with Before the Event Insurance may choose their own solicitor - Brown-Quinn & Anor v Equity Syndicate Managment LTD & Anor [2011] EWHC 2661 The High Court issues guidance as to when contractual provisions are valid - Hussain v Surrey and Sussex Healthcare NHS Trust [2011] EWHC 1670 (QB) Disciplinary processes must be conducted fairly and without undue delay - Lim v Royal Wolverhampton Hospitals NHS Trust [2011] EWHC 2178 (QB) An employer's reasonable (but wrong) belief that a worker is working illegally is no defence to an illegal deduction from wages claim - Okuoimose v City Facilities Management (UK) Ltd [2011] UKEAT 0192_11_1309 Whistleblowers are not protected against victimisation by fellow workers - NHS Manchester v Fecitt & Ors [2011] EWCA Civ 1190 An employee sharing profits in the firm is not necessarily a partner - Williamson & Soden Solicitors v Briars EAT [2011] UKEAT/2011/0065_10_2705 Leaving a page out of the reasons for an EAT appeal was venial - Hine & Anor (t/a Hine Marketing Partnership) v Talbot & Ors [2011] UKEAT 1783_10_2706 In Equal Pay claims after a TUPE transfer, red circling will be accepted as constituting a genuine material factor defence - Scotland Co Ltd v Buchanan & Anor (Equal Pay Act : Material factor defence and justification) [2011] UKEAT 0042_10_2505 |
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