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|Liquidated Damages or a Penalty?|
|1 Apr 2003||In Review - 04/03||Clare Primett, Le Brasseur Davis Law Group||ELA Briefing||This publication topic area describes itself as “a crucial part of human resources management”. Managing Dismissals features case scenarios, precedent letters and agreements and the latest le...|
|1 Sep 2003||EAT Restricts the Right to Recover Damages||James Cox and Kelly Cole are solicitors at Ashurst Morris Crisp, which acted for Virgin Net||ELA Briefing||The EAT in Virgin Net Ltd v Harper EAT/0111/02 held that an employee cannot recover damages representing the loss of statutory unfair dismissal rights at common law where the breach of contra...|
|1 Sep 2003||In Reveiw - 09/03||Clare Primett, Le Brasseurs||ELA Briefing||
This book on wrongful dismissal and breach of contract is the third in the law guidance and precedents series. Its stated aims are to systematically cover the express and implied terms contained in...
|1 Jan 2004||A Way of Life on Trial||Paul Callaghan, solicitor, and Harriett Gold, trainee solicitor, Taylor Wessing||ELA Briefing||
It was widely reported in the press last July that Steven Horkulak, a former managing director at Cantor Fitzgerald, won his long-running case for constructive dismissal on the ground of bullying b...
|1 Jan 2004||British Compressed Air Society v D Wall||Michael Duggan of Littleton Chambers was counsel for Mr Wall||ELA Briefing||S.109(1) of the ERA provides that the unfair dismissal provisions will not apply to the dismissal of an employee who has reached the normal retirement age for the position of that employee (taking int...|
|1 May 2004||The "Without Prejudice" Dismissal||Nick Ralph, Archon Solicitors||ELA Briefing||It is becoming an increasingly popular practice for employers to cut through the niceties of performance or disciplinary procedures by presenting the employee with a draft compromise agreement and a c...|
|1 Aug 2004||In Review - 08/04||Karen Tickner, Mishcon de Reya||ELA Briefing|
|1 Jun 2005||Civil Courts v Tribunals||Richard O’Dair, 36 Bedford Row||ELA Briefing||Claims for breach of a contract of employment can be brought not only in the civil courts but also in the the employment tribunals, provided they arise on the termination of the contract (Employment T...|
|1 Aug 2006||Merging Claims – Fraser v HLMAD Ltd||Simon Cheetham, Ely Place Chambers||ELA Briefing||It has become more common to find a claim for wrongful dismissal in an ET1 qualified by the right to withdraw that claim and pursue it in the civil courts. The Court of Appeal in Fraser v HLMAD Lt...|