Employment Law & Practice (LPC) - FULL & Comprehensive DISTINCTION level Notes - full notes bundle produced and used in 2020 in the online delivered classes. These large group and workshop notes have also been used by ULaw and BPP students. The notes include all the content for each class and in hi...
Learning Outcomes:
By the end of this session you will be able to:
Advise on wrongful dismissal damages
Advise on the appropriate fora for wrongful dismissal claims
Advise on and apply the principles relating to deduction of wrongful dismissal damages
Session Activities:
Consideration of wrongful dismissal damages
Consideration of client instructions
Considering appropriate fora
Preparing a schedule of loss
Amending a schedule of loss
Materials Attached:
Pre-session task: memorandum dealing with a request to consider advice relating to a
dismissal
In session task: memorandum with instruction to draft a letter of advice to a client
Materials to be Provided in session:
Solutions to in-session tasks (d2)
Preparation for Session:
Review LG 3
Re-read article on Practical Law entitled ‘Wrongful dismissal compensation’
Review the materials from WS 2 and bring them to the session
Provide answers to the pre-session task for discussion
Post-Session:
Consolidate your learning in the session
From: Tania Jones [supervisor]
To: Trainee
Date: 20 March 2020
Subject: Fwd: Brayton City FC
Caroline Peters has responded to our request for further information. I need you to prepare
a note on the following matters so that I can get back to her soon:
Caroline has a strong wrongful dismissal claim, as she was expressly dismissed in breach of
contract→ contract had a 12 month notice period, she was not given any notice, but was
given 3 months salary in lieu of notice
Where should she bring her claim? Why?
-As net salary is £110,000 + bonuses→ a lot greater than £25,000 (cap at EAT)→ go to High
Court
-EAT has limited jurisdiction to hear a wrongful dismissal claim→ all statutory claims are
heard in the employment tribunal, civil courts will hear breach of contract claims (e.g. breach
of restrictive covenants, breach of confidentiality clauses)
-EAT: now there are no fees→ free to bring a claim
-She has a strong claim→ so should go to the court as loser pays winners fees
- Complexity: e.g. ET1 is way more simple
What approach will the court/tribunal take when calculating wrongful dismissal
damages?
To put the employee in a position they should have been had the contract not been
breached→ so if she had been given full 12months notice
What is the damages period in this case?
12 month notice period→ this is the damages period (received 3 month PILON) but total is
1yr
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