All termination payments deducted before "Polkey reduction." (United Kingdom)

Article Abstract:

A 1996 UK Employment Appeal Tribunal decision has led to a complicated method for calculating unfair dismissal compensation. Employee termination pay must be deducted from dismissal-related loss to calculate net loss which, in turn, is then reduced by the percentage chance an employee might have kept the job under fairer conditions and by the percentage of employee fault. The case reexamines prevailing procedures in making so-called "Polkey deductions" when proportionate reductions of awards are required.

Severance pay

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Half of invalidity benefit deductible from compensatory award

Article Abstract:

The UK's Employment Appeal Tribunal, in the 1996 Rubenstein and Roskin decision, ruled that only 50% of an unfairly dismissed employee's invalidity benefit is to be subtracted from any compensatory damages awarded. By contrast, in the 1996 Puglia case, the EAT said it was acceptable to deduct all benefits from a compensatory award. The half-deduction method discussed in Rubenstein/Roskin was based on the fact that the benefits involved were not purely insurance benefits.

Damages, Damages (Law)

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Termination and employment protection

Article Abstract:

Fixed-term contract employees are often at a disadvantage in the UK, since working under temporary contracts rarely provides job security. Employees may choose to waive unfair dismissal or redundancy rights. A reasonableness test is used to evaluate employers' actions in unfair dismissal cases. The law in redundancy cases, the final contract test, waiver law developments, maternity rights, business transfers, and related issues are also discussed.

Interpretation and construction, Contracts, Labor contracts, Temporary employees

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