LPC Law Notes Employment Law Notes
A collection of the best LPC Employment notes the director of Oxbridge Notes (a former Oxford law graduate) could find in 2014 after combing through seventeen LPC samples from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor". In short these are what we believe to be the strongest set of Employment Law notes available in the UK this year. This collection of notes is full...
The following is a more accessible plain text extract of the PDF sample above, taken from our Employment Law Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:
Unfair Dismissal & Redundancy Remedies
Unfair dismissal remedies:
Compensation (basic & compensatory) - If there is a breach of the ACAS Code, compensatory award can be increased by up to 25%.
Basic: [AGE FACTOR] x [SERVICE] x [WEEK’S PAY] - s.119 ERA
Age factor: SUBJECT TO MAXIMUM OF 20 YEARS. WEEKLY GROSS SALARY SUBJECT TO STATUTORY MAXIMUM
1 week's pay | For each complete year of employment between the ages of 22-41 (The year during which employee turns 41 = 1 week's pay since the year is not complete) |
---|---|
1 & 1/2 week's pay | For each complete year of employment when employee 41 or more until retirement |
1/2 week's pay | For each complete year of employment below age of 22 |
Weekly Pay = [Monthly salary] x 12 / 52.
Reductions:
Employee's conduct contributed to dismissal (s.122(2) ERA)
Otherwise just and equitable to reduce
Employee acted unreasonably in refusing an offer of reinstatement (s.122(1) ERA)
Redundancy = redundancy payment deducted from award.
Compensatory: s.123 ERA. Actual loss subject to STATUTORY MAXIMUM.
Limit = lower of one year’s gross pay or the current maximum
In some cases there is no cap.
Norton Tool Principles: ET must state reasons for award albeit award need not be precisely or arithmetically related to loss:
Immediate loss of net wages
Future loss of wages (broad brush approach)
Loss of fringe benefits (immediate and future)
Loss of pension rights (difficult to establish)
Loss of statutory protection (250-350)
Expenses of looking for new work (can even cover cost of moving house to take up new job)
Adjustments: (1) payments already received, (2) sums earned since dismissal - mitigation of loss, (3) Polkey reduction - dismissal would have occurred anyway, (4) ACAS adjustments - 25% reduction, (5) increase if failure to provide written particulars - s.38 EA 2002, (6) contributory fault - s.123(6) ERA, (7) deduct enhanced redundancy payment above basic award, (8) statutory maximum.
Polkey v Dayton Services: absolute right to be consulted before dismissal, even if consultation would make no difference.
Reinstatement - s.144 ERA: consider practicability, if just & effect on business.
Disregard replacement unless necessary & employer waited a reasonable time and not heard from employee.
Re-engagement - s.115 ERA: same criteria as reinstatement
Additional awards: employer's unreasonable refusal = s.117 ERA, an award of 26-52 weeks’ gross pay (subject to statutory maximum)
Statutory Redundancy Payments: s.135 = all qualifying employees entitled.
If employer insolvent, can claim from National Insurance Fund
Pre-conditions:
Employee
Continuously employer for 2 years prior to EDT
Dismissed due to redundancy
Claims within 6 months of 'relevant date' (usually EDT)
Not excluded
Has not unreasonably refused suitable alternative employment
Most employers pay voluntarily under contract, if not:
Claim to Tribunal (commence within six months of EDT - s.164 ERA)
Claim to employer by written notice
If redundant due to automatically unfair reason OR not fair in all circumstances = unfair dismissal claim.
Calculation = s.162 ERA (same as for basic award)
Redundancy Remedies
Wrongful dismissal
Statutory redundancy payment
Unfair dismissal
Protective award (collective consultation not correctly carried out)
Commencing proceedings and ACAS:
Employment Tribunals Regulations 2013
Use form ET1
3 month time limit (exceptions: statutory redundancy payments & equal pay claims = 6 months)
ACAS mandatory early conciliation procedure ('stop the clock')
Send ACAS prescribed information in prescribed manner
ACAS send copy to conciliation officer
Officer tries to promote settlement within prescribed period (1 month - can be extended by up to two weeks)
If settlement not reached, officer must issue a certificate to be attached to the ET1.
When the claimant receives the certificate from ACAS with less than one month of the time limit still to go (or in fact if it has expired), they will nevertheless have a whole month from the day they receive the certificate from ACAS, in which to submit their ET1.
Lodge at Tribunal Office and online (allocate to nearest Tribunal Office to claimant's place of work)
Tribunal Office will send a copy of ET1 to the employer, together with a covering letter (the ET2) and a blank form ET3 for the employer’s response
Calculating time limit:
EDT ---> + 3 months (or 6 months) = deadline to claim (take last date in month if no corresponding day)
Go back one day (unless calculating restart of clock after ACAS)
Add on early conciliation period
From the day after the claimant has contacted ACAS to the day they receive the certificate from ACAS inclusive.
Extending time limits:
First class post = CPR 6 rules apply (deemed service on second clear day after posting)
'Not reasonably practicable' to present complaint within the time limit extension of time test - e.g. where post unexpectedly delayed or claimant seriously ill (q of fact) applies to:
Unfair dismissal
Unlawful deduction from wages
Breach of contract
Claims under ERelA 1999
Claims under TUPE 2006
Claims under Part-Time Workers Regs 2000
'Just and equitable' test for extension of time (greater discretion):
Discrimination
Statutory redundancy (6 months extended by a further 6 months)
Fees: for submitting ET1
Type A claims: unlawful deduction from wages, breach of contract, redundancy payments, lack of written statements of reasons for dismissal.
160
Type B claims: unfair dismissal, discrimination, whistleblowing claims.
250 (applies if mixture of type A and B claims)
Benefits/low income = remission
Hearing fee (Type A: 230, Type B: 950)
Response by Respondent - ET3
Complete and return within 28 days from...
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A collection of the best LPC Employment notes the director of Oxbridge Notes (a former Oxford law graduate) could find in 2014 after combing through seventeen LPC samples from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor". In short these are what we believe to be the strongest set of Employment Law notes available in the UK this year. This collection of notes is full...
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