Judicial review sought for unfair dismissal cap

Topics: Employment,Courts business

  • Print
  • Share
  • Comment
  • Save

Related images

  • Alex Monaco
  • Jonathan Goldsmith

A newly introduced cap of one year’s salary for compensation for unfair dismissal is to face a High Court challenge.  

London employment firm Compromise Agreements said this week it is seeking a judicial review of the cap, which came into force on 29 July under the Unfair Dismissal (Variation of the Limit of Compensatory Award) Order 2013.   

Advertisement

Today the High Court is also expected to hear the final part of a judicial review brought by trade union Unison, challenging the government’s introduction of employment tribunal fees. The court is expected to make a decision this month.

Barrister Alex Monaco, founder of Compromise Agreements, said the cap on compensation will disproportionately affect older people, as they are most likely to receive more than a year’s salary due to difficulty in finding another job.

Monaco (pictured) said this could cost the government more in benefits payments.   

Previously the cap was for three years and a maximum of £74,200. ‘However, it was rare for anyone to receive more than two years,’ said Monaco.

Older people on low incomes are unlikely to be able to find representation under the changes, as the compensation would be too small, he said.

Compromise Agreements applied for the review after failing to get assistance from other parties, Monaco said. ‘Despite being employment lawyers, rather than public law or JR specialists, it became clear that if we didn’t do it, no one would, and we felt it our public duty to act.’

Have your say

You must sign in to make a comment

  • Print
  • Share
  • Comment
  • Save

Mr Justice Foskett

Linklaters escapes ‘unprecedented’ disclosure order

29 July 2016By

High Court says strong grounds required to direct a review of e-disclosure in claim against mining company. 

Thirlwall

Judge orders SDT to try again after botched strike-out

29 July 2016By

Mrs Justice Thirlwall says the prosecution case was not an abuse of process.

Legal aid desert map

Shocking infographic highlights housing ‘advice deserts’

28 July 2016By

Law Society chief executive Catherine Dixon urges government to commission providers to prevent conflicts of interest.