Employment Law and the Structural Engineer Part 2 - Remedies
An earlier article explored the rights and corresponding duties that arise between the parties by virtue of their contract of employment. In particular, from both the employee’s and the employer’s points of view, the question of unfair dismissal was considered. This continuation paper considers what constitutes the termination of a contract of employment, what claims arise, and what remedies are available. For breach of contract (known as ‘wrongfkl dismissal’) damages are recoverable at common law, and their calculation is examined. For the employee who is eligible, under statutory provisions, to make a claim for unfair dismissal before an Industrial Tribunal, the remedies of reinstatement, reengagement or monetary compensation are available. This paper considers what these are and suggests why the remedy of damages might be more appropriate in certain cases. It also looks at factors that both the court and the tribunal consider relevant when assessing the quantum, the way in which the award is calculated, and the tax implications that arise when a terminal payment is given in addition to the employee’s salary.