Uncapped award for failure to reinstate employee dismissed on racial grounds
Article Abstract:
The United Kingdom's Employment Appeals Tribunal ruled in D'Souza v. London Brough of Lambeth that the Race Relations Act entitled an employee dismissed unlawfully because of race to uncapped compensation for the financial loss flowing from the dismissal when the employer refused to comply with an order for reinstatement. The court ruled that damages should be uncapped even though the dismissal occurred before the cap on such awards was lifted.
Publication Name: Industrial Relations Law Bulletin
Subject: Law
ISSN: 0969-3637
Year: 1997
User Contributions:
Comment about this article or add new information about this topic:
No damages for failure to follow disciplinary procedure
Article Abstract:
The UK Employment Appeal Tribunal, in its Fosca Services decision, holds an industrial tribunal should not consider the potential outcome of a disciplinary procedure after finding the employee was correctly dismissed. The contract procedure could have entitled the employee to damages if it had been more elaborate and detailed. The decision holds the unused procedure is irrelevant and the damages are restricted to the notice period.
Publication Name: Industrial Relations Law Bulletin
Subject: Law
ISSN: 0969-3637
Year: 1996
User Contributions:
Comment about this article or add new information about this topic:
"Stigma" damages are recoverable
Article Abstract:
Ex-employees of the Bank of Credit and Commerce could sue it for damages caused by the stigma of being associated with the collapsed bank, according to a UK House of Lords ruling. The bank's breach of its implied contractual term of trust and confidence damaged the reputations of these former employees when they re-entered the job market. The decision is likely to lead other similar cases based on breaches of trust and confidence.
Publication Name: Industrial Relations Law Bulletin
Subject: Law
ISSN: 0969-3637
Year: 1997
User Contributions:
Comment about this article or add new information about this topic:
- Abstracts: Agency authority to define the scope of private rights of action. Seven ways to deossify agency rulemaking
- Abstracts: Suits increasing for failure to spot cancer. Law firms take document blooper battles to court
- Abstracts: Replacement workers face grim future; NLRB decision requires reinstatement of strikers. Lloyd's peers into brink in face of U.S. legal setback
- Abstracts: IRS permits rollover of retirement annuity contract that passes through a marital deduction. UCA rollover rules amplified in new guidance addressing plan loans, minimum distributions, and NUA withholding
- Abstracts: Rethinking the Commerce Clause: arson rulings illustrate lower court quandary over congressional power. Helping keep a peace: CEELI volunteers have quiet impact on truce in former Yugoslavia