��Ƶ

(9) Inapplicability of ACAS Code and Employment Act 2002 s 38

Division DI Unfair Dismissal

| Commentary

(9) Inapplicability of ACAS Code and Employment Act 2002 s 38

| Commentary

The basic award may not be increased or reduced for failure to comply with the ACAS Code of Practice on Disciplinary and

Analyse the law and clarify obscure passages all within a practical context.

TAKE A FREE TRIAL

Powered by Lexis+^®

View full volume

View full volume

15. Remedies for Unfair Dismissal—Compensation

A. Introduction to Compensation: The Basic and The Compensatory Awards

(1) General principles concerning the basic award and credit for payments made by the employer on termination

(2) Credit shall not be given where the employer specifically appropriates a termination payment

(1) Introduction to the compensatory award

(2) The basic principles of the compensatory award – pecuniary losses only may be awarded

(3) Cases where there is disapplication of the statutory cap

(a) Generally

(4) Compensation must be just and equitable and caused by the dismissal and the issue of intervening causes

(5) A summary of the order of deductions and reductions: the structure of ERA 1996 s 123

(a) Introduction

(b) Calculating the loss: in respect of what period should the loss be calculated?

(c) Calculating the loss: heads of compensation

(b) Sums paid by the employer or another respondent

(c) Mitigation

(9) The principle in Devis v Atkins and unused but available grounds for dismissal

(d) Discount for accelerated receipt and increase for delayed receipt

(a) Introduction, focus upon employee's conduct and relationship to basic award reductions

(a) An outline of the basic principles

(i) The relevance of post-employment conduct

(b) The facts of Polkey