Seminar Notes 09.05.07 Index

These notes were prepared by Michael Salter, Christopher Bryden and Tilly Baderin for a seminar given on 9th May 2007 by the 2 Gray's Inn Square Chambers Employment Group.

Index of Topics Covered

(click on a topic sub-heading to jump to the relevant section)

Mitigation of Loss: The end of Norton Tool Co? (notes prepared by Christopher Bryden).

Introduction

Compensatory awards: the basics

How to calculate the award

Worked examples

Norton Tool Co and the subsequent case law

EAT decisions

Court of Appeal decisions

Where are we now?

Conclusion

Polkey v. A.E. Dayton Services Ltd. and section 98A(2) of the Employment Rights Act 1996 (notes prepared by Michael Salter).

Introduction

Polkey reductions

s98A(2) of the Employment Rights Act 1996

Guidance as to the tribunal’s approach

Peaceful co-existence?

Practical steps

Conclusion

Costs in the Employment Tribunal (notes prepared by Tilly Baderin).

Introduction

A comparison with the costs regime in the civil courts

What kind of orders can the tribunal make?

Preparation time orders

Costs orders

Wasted costs orders

When will a tribunal make a Wasted costs order?

When will a tribunal make a Costs or Preparation time order?

What kind of conduct will lead to the making of a Costs or Preparation time order?

Relationship with Deposit orders