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Employment law

18 September 2008
Issue: 7337 / Categories: Case law , Law digest , Employment , In Court
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Jones v Global Crossing (UK) Telecommunications Ltd [2008] All ER (D) 19 (Sep)

When assessing damages for wrongful dismissal, the court or tribunal is required to assess what the employee would have received had the contract been performed. That requires a calculation of what he would actually have received, ie net of tax.

However, the tax regime has to be taken into account so that the sum which the employee receives as damages, in his hand, is sufficient to enable him to discharge any tax liability that he may have to the Inland Revenue in respect of the sum awarded.

Therefore, the calculation involves taking the first £30,000 (tax free under s 148 of the Income Incorporation Taxes Act 1988) and deducting it from the net figure to which the tribunal has come and then on the balance of that figure, grossing that figure up in order to ascertain what the tax bill is likely to be that the employee will face, having received that sum in his hands.

Issue: 7337 / Categories: Case law , Law digest , Employment , In Court
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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

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HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
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