Employment Tribunal Remedies

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Oxford University Press, Mar 3, 2011 - Law - 452 pages
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Employment Tribunal Remedies is a new edition of the established work, which was previously published as Employment Tribunal Compensation. It provides a comprehensive, practical, and accessible guide to the remedies, including financial awards, available for every type of claim brought to the tribunal, including wrongful dismissal, unfair dismissal, redundancy, discrimination, equal pay, and claims for unpaid wages. It includes specific guidance on award calculation and key practical issues including case preparation and evidence, tribunal procedure, settlement, and tax liabilities. It also provides an examination of the principles underlying employment tribunal awards and their continuing development. The new edition of this work has been substantially revised to include increased coverage of discrimination and equal pay, including changes as a result of the Employment Equality (Age) Regulations 2006 and the Equality Act 2010, and changes to compensatory awards as a result of the abolition of the statutory dispute resolution procedures and the new ACAS Code of Practice on Disciplinary and Grievance. It also takes into account the impact of the Transfer of Undertakings (Protection of Employment) Regulations 2006, and the Companies Act 2006, as well as coverage of all recent relevant case law. The new edition increases the use of practical features, including worked examples and calculations, to enable practitioners to quickly identify key issues and points to prove.
  

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BOOK REVIEW
EMPLOYMENT TRIBUNAL REMEDIES
4th edition
By Anthony Korn and Mohinderpal Sethi
Oxford University Press
ISBN: 978-0-19-958641-7
www.oup.com
EMPLOYMENT TRIBUNAL REMEDIES: WHAT THE PRACTITIONER NEEDS TO KNOW
An Appreciation by Phillip Taylor MBE and Elizabeth Taylor from Richmond Green Chambers
Known as ‘industrial tribunals’ until 1998, employment tribunals are now the main avenue for the resolution of employment disputes although they are more formal than one is led to believe! If you’re a practitioner, or possibly a student involved with, or specialising in any or all aspects of employment tribunals, you’d do well to regard this book – with its very detailed, logical and practical approach -- as an essential addition to your library. If you don’t do anything else, do read chapter 13 on “mitigation of loss” which, in our experience, is often barely considered when preparing a case
Now in a new, up-to-date fourth edition from the Oxford University Press, Employment Tribunal Remedies has been substantially revised in response to the changes that have taken place since the publication of the last edition. There’s now increased coverage of discrimination and equal pay, together with discussion of the changes resulting from the Employment Equality (Age) Regulations 2006 and the new Equality Act 2010.
The book deals with the changes to compensatory awards following the abolition of statutory dispute resolution procedures and there is also coverage of the new ACAS Code of practice on Disciplinary and Grievance. Indeed all relevant new case law is covered and in addition, the book takes into account the impact of the Transfer of Undertakings (Protection of Employment) Regulations 2006.
To help you, as a practitioner, identify key points and key issues as quickly as possible, practical new features have been added in the 23 chapters and 4 appendices. The underlying principles of employment tribunal awards are analysed and there is detailed guidance on the often fraught area of evidence, plus advice on preparing cases and calculating awards.
The title is logically structured for ease of use and divided into seven parts; the first dealing with compensation for breach of contract and wrongful dismissal, the second covering statutory remedies for unfair dismissal. Part III looks in detail at redundancy...Part IV covers compensation in discrimination cases…Parts V and VI deal with compensation claims issues and procedures…and the final Part VII discusses the most sought after outcome in these matters: settlement.
In our estimation, this is one of the most useful – if not the most useful - of books on this complicated subject. And to lend further authority and aid research, there are lengthy tables of case and legislation, the four helpful appendices (with forms) and a useful index.
The book reflects the authors’ understanding of the law as it is from September 2010 and is what practitioners need to know before a tribunal appearance.
 

Contents

Table of Cases
xxiii
Table of Legislation
xli
List of Abbreviations
liii
COMPENSATION FOR BREACH OF CONTRACT AND WRONGFUL DISMISSAL
1
UNFAIR DISMISSAL
57
REDUNDANCY
259
COMPENSATION IN DISCRIMINATION CASES
275
COMPENSATION FOR OTHER EMPLOYMENT TRIBUNAL CLAIMS
323
TRIBUNAL PROCEDURES IN COMPENSATION CLAIMS
371
SETTLEMENT
391
Tribunal Form
415
Appendix 2 Schedule of Loss Pro Forma
417
Appendix 3 Appendices 37 from Employment Tribunal Guidelines Compensation for Loss of Pension Rights 3rd edn
418
Appendix 4 Compensatory Limits
433
Index
437
Copyright

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About the author (2011)


Anthony Korn is a barrister specializing in all aspects of employment law, having previously worked at two leading firms of solicitors. He was the author of Employment Tribunal Compensation, on which this book is based, and is a former editor of ELA Briefing. He currently practices at No 5 Chambers.

Mohinderpal Sethi is a barrister practicing at Devereux Chambers, London. He was the author of Employment Tribunal Compensation, on which this book is based. He is a member of the Editorial Board of ELA Briefing and specializes in all aspects of employment and discrimination law.

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