20 September 2007
Lewis v CEX Ltd [2007] All ER (D) 167 (Aug)
In considering whether or not it is just and equitable to adjust an award beyond the basic 10% (pursuant to the Employment Act 2002, s 31(2) or (3)), it is open to a tribunal to regard the culpability of the party who has failed to comply with statutorily required procedural step as of relevance and, in assessing culpability, to differentiate between the case of a party who has deliberately flouted statutory requirements of which that party was aware and the case of a party which has fallen into default through ignorance of those requirements rather than deliberate disregard.
