Labour & European Law Review
03 April 2002
In a landmark judgment, a decision from the CAC has been upheld in the first case on statutory recognition to reach the Court of Appeal.
Recently there have been a number of cases which have considered whether Employment Tribunals have jurisdiction to deal with post employment discrimination.
Finally the Law may now have changed to allow Claimants to bring claims for exemplary damages for the statutory tort of race discrimination, following this case in the House of Lords.
It is fair to say that the Human Rights Act has not, so far, had a radical impact on employment law in the UK.
A council meeting of Ministers of Agriculture (including fisheries) on 18 February 2002 finally adopted the directive establishing a general framework for improving information and consultation rights of employees in the European Community.
The Employment Tribunal, in an important decision, have clarified what compensation should be awarded in redundancy dismissal cases. Section 123 (1) of the Employment Rights Act 1996 states that when considering the amount of a compensatory award it '...shall be such amount as the tribunal considers just and equitable in all the circumstances, having regard to the loss sustained by the complainant in consequence of the dismissal in so far as that loss is attributable to action taken by the employer.'