- Discrimination - Injury to Feeling Awards
The Employment Appeal Tribunal has held in the case of Da'Bell v NSPCC that the Vento guidelines for injury to feelings awards in discrimination cases should be increased to reflect inflation. The increases are:
Lower Band: £5,000 to increase to £6,000
Middle Band: £15,000 to increase to £18,000
Upper Band: £25,000 to increase to £30,000
- Age Discrimination - Compulsory Retirement
The High Court has handed down its decision in the appeal case of R (on the application of Age UK) v Secretary of State for Business Innovation and Skills and others, also known as the Heyday Challenge, that it is legal for UK law to allow employers to force employees to retire at the age of 65.
- Unfair Dismissal - Contractual breach affirmed by employers delay
An employer dealing with an employee's breaches of contract and fiduciary duties had, by failing to institute disciplinary proceedings during that employee's stress-related absence, affirmed the contract of employment and lost the right to dismiss summarily. Had the employer intended to take disciplinary action in response to the breach, it should have expressly reserved its position in that regard (Cook v MSHK Ltd and anor, Court of Appeal).
The rule that arises for employers from this case is that, when delaying instigating disciplinary action, an employer should always reserve its position.
If you would like to discuss how these cases may effect you please contact the employment team.