Employment Law- Bonuses and Discretionary Payments

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  • Termination
    • Bonuses and discretionary payments
      • Horkulak v Cantor Fitzgerald International
        • Held that any discretionary bonus was to be interpreted with the idea that it would not be applied arbitrarily, and damages should be awarded as if the bonus had been applied according to the ordinary criteria
      • Damages
        • Johnson v Unisys
          • Limited compensation available in cases of dismissal
            • Common law should not develop in this case
          • Edwards (2011)
            • SC held that compensation for additional losses following breach of express procedural terms relating to dismissal cannot exceed the limits set by statute for unfair dismissal.
            • Employees may not recover damages for loss suffered as a result of a breach of a term in their employment contract as to the manner of their dismissal unless the loss can be said to precede and be independent of the dismissal.
          • House of Lords held that loss arising from the unfair manner of dismissal is not recoverable as damages for breach of the implied term of trust and confidence in employment contracts
      • Dismissal
        • Addis v Gramophone
          • There is no protection against the manner of dismissal
            • Johnson confirms this
              • Johnson v Unisys
                • Limited compensation available in cases of dismissal
                  • Common law should not develop in this case
                • Edwards (2011)
                  • SC held that compensation for additional losses following breach of express procedural terms relating to dismissal cannot exceed the limits set by statute for unfair dismissal.
                  • Employees may not recover damages for loss suffered as a result of a breach of a term in their employment contract as to the manner of their dismissal unless the loss can be said to precede and be independent of the dismissal.
                • House of Lords held that loss arising from the unfair manner of dismissal is not recoverable as damages for breach of the implied term of trust and confidence in employment contracts
          • Loss of reputation or injured feelings cannot be compensated in WD
          • WD- Confined to economic loss caused by the fact of dismissal
        • Gogay v Herts CC
          • Psychiatric illness can be compensated where there is a breach of the duty of care and the harm is foreseeable for one reason or another
        • Procedural limits
          • Section 10 Employment Relations Act 1999
            • Gives right to be accompanied by a TU official or co-worker at such hearings
              • Kulkarni v MK Hospital NHS Trust
                • CA held that Art 6 would apply where one's ability to exercise one's profession would be at stake, due in particular to the relationship with art. 8 rights
              • R v Governors of X School
                • Sc held that a disciplinary hearing for a teaching assistant accused of gross misconduct did not require the right to be accompanied by a lawyer.
          • Disciplinary procedures

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