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Unfair Dismissal And Redundancy Remedies Notes

LPC Law Notes > Employment Law Notes

This is an extract of our Unfair Dismissal And Redundancy Remedies document, which we sell as part of our Employment Law Notes collection written by the top tier of University Of Law students.

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Unfair Dismissal & Redundancy RemediesUnfair dismissal remedies: Compensation (basic & compensatory) - If there is a breach of theACAS Code, compensatory award can be increased by up to 25%. Basic: [AGE FACTOR] x [SERVICE] x [WEEK'S PAY] ?

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 22Weekly Pay = [Monthly salary] x 12 / 52.
? Reductions:

1. Employee's conduct contributed to dismissal (s.122(2) ERA)

2. Otherwise just and equitable to reduce

3. Employee acted unreasonably in refusing an offer of reinstatement (s.122(1) ERA)

4. 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:

1. Immediate loss of net wages

2. Future loss of wages (broad brush approach)

3. Loss of fringe benefits (immediate and future)

4. Loss of pension rights (difficult to establish)

5. Loss of statutory protection (PS250-PS350)

6. 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

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