BRAIN FOOD: Matters for the mind to chew on - Workplace rights - Don't be too dismissive

BRAIN FOOD: Matters for the mind to chew on - Workplace rights - Don't be too dismissive - If you thought firing someone legally was difficult, the process could get even harder after a recent House of Lords ruling in the case of Johnson v Unisys. Before

by MICHAEL BURD and JAMES DAVIES, Lewis Silkin solicitors,e-mail: iemployment@lewissilkin.com
Last Updated: 09 Oct 2013

If you thought firing someone legally was difficult, the process could get even harder after a recent House of Lords ruling in the case of Johnson v Unisys. Before this case, the courts' stock response to those claiming compensation for the humiliation or distress they felt as a result of being shown the door was 'too bad'. While accepting that damages cannot be claimed for embarrassment felt in examples of breach of contract (or wrongful dismissal), however, the Lords hinted that a more flexible approach must be taken to unfair dismissal claims. Lord Hoffman has ruled there is no reason why unfair dismissal awards shouldn't include 'compensation for distress, humiliation, damage to reputation in the community or to family life'. The huge payouts for 'injury to feelings' in many discrimination and harassment cases could lead to higher tribunal awards if employment terminations are handled insensitively.

Tags:
How To

Find this article useful?

Get more great articles like this in your inbox every lunchtime

Mike Ashley: Does it matter if the public hates you right now?

The Sports Direct founder’s response to the COVID-19 pandemic has drawn criticism, but in the...

4 films to keep you sane during the coronavirus lockdown

Cirrus CEO Simon Hayward shares some choices to put things in perspective.

Pandemic ends public love affair with Richard Branson et al

Opinion: The larger-than-life corporate mavericks who rose to prominence in the 80s and 90s suddenly...

The Squiggly Career: How to be a chief strengths spotter

When leading remotely, it's more important than ever to make sure your people spend their...

"Blind CVs don't improve your access to talent"

Opinion: If you want to hire socially mobile go-getters, you need to know the context...

The highs and lows of being a super-achiever

Pay it Forward podcast: techUK boss Jacqueline de Rojas and Google UK's marketing strategy and...