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21 April 2023 / Ian Smith
Issue: 8021 / Categories: Features , Employment , Tribunals , Discrimination , Damages
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Employment law brief: 21 April 2023

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On the clock: in this month’s employment brief, Ian Smith discusses judges acting up, bonus bonanzas & failures to mitigate
  • Who is a part-time worker?
  • When is a discretionary bonus properly payable?
  • How should the doctrine of mitigation of damage be applied in discrimination cases?

The beginning of April saw the usual annual uprating of the employment protection remedies amounts (against the backdrop of a high retail price index increase of 12%), the social security benefit rates and the national living and minimum wage figures. In addition, new presidential guidance has increased the Vento bands for compensation for injury to feelings. These changes and the specific dates for their commencements are set out in Harvey Bulletin 537. Of particular interest in the last month’s case law are three Employment Appeal Tribunal (EAT) decisions addressing three particular questions:

1. Who is a part-time worker?

2. When is a discretionary bonus properly payable?

3. How should the doctrine of mitigation of damage be applied in discrimination cases?

These can all throw up difficult issues and the cases themselves

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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