Facts
 | This section needs expansion. You can help by adding to it. (February 2015) |
| Norton Tool Co Ltd v Tewson | |
|---|---|
| Court | National Industrial Relations Court |
| Citation(s) | [1972] EW Misc 1, [1972] ICR 501 |
| Keywords | |
| Unfair dismissal | |
Norton Tool Co Ltd v Tewson [1972] EW Misc 1 is a UK labour law case, concerning unfair dismissal and the measure of damages as a remedy.
| | This section needs expansion. You can help by adding to it. (February 2015) |
Sir John Donaldson held that loss of pride and injury to feelings may not be compensated. An employee can get damages for (a) immediate loss of wages (b) the manner of dismissal (c) future loss of wages (d) loss of protection for unfair dismissal or redundancy dismissal. [1]
| | This section needs expansion. You can help by adding to it. (February 2015) |
United Kingdom labour law regulates the relations between workers, employers and trade unions. People at work in the UK can rely upon a minimum set of employment rights, which are found in Acts of Parliament, Regulations, common law and equity. This includes the right to a minimum wage of £10.42 for over-23-year-olds from April 2023 under the National Minimum Wage Act 1998. The Working Time Regulations 1998 give the right to 28 days paid holidays, breaks from work, and attempt to limit long working hours. The Employment Rights Act 1996 gives the right to leave for child care, and the right to request flexible working patterns. The Pensions Act 2008 gives the right to be automatically enrolled in a basic occupational pension, whose funds must be protected according to the Pensions Act 1995.
In employment law, constructive dismissal, also called constructive discharge or constructive termination, occurs when an employee resigns as a result of the employer creating a hostile work environment. Since the resignation was not truly voluntary, it is, in effect, a termination. For example, when an employer places extraordinary and unreasonable work demands on an employee to obtain their resignation, this can constitute a constructive dismissal.
In United Kingdom law, the concept of wrongful dismissal refers exclusively to dismissal contrary to the contract of employment, which effectively means premature termination, either due to insufficient notice or lack of grounds. Although wrongful dismissal is usually associated with lack of notice sometimes it can also be caused by arbitrary dismissal where no notice was required but certain grounds were specified in the contract as being the only ones available but none existed.
Loss of chance in English law refers to a particular problem of causation, which arises in tort and contract. The law is invited to assess hypothetical outcomes, either affecting the claimant or a third party, where the defendant's breach of contract or of the duty of care for the purposes of negligence deprived the claimant of the opportunity to obtain a benefit and/or avoid a loss. For these purposes, the remedy of damages is normally intended to compensate for the claimant's loss of expectation. The general rule is that while a loss of chance is compensable when the chance was something promised on a contract it is not generally so in the law of tort, where most cases thus far have been concerned with medical negligence in the public health system.
The Employment Rights Act 1996 is a United Kingdom Act of Parliament passed by the Conservative government to codify existing law on individual rights in UK labour law.
The New Zealand Employment Relations Act 2000 is a statute of the Parliament of New Zealand. It was substantially amended by the Employment Relations Amendment Act 2001 and by the ERAA 2004.
Wallace v United Grain Growers Ltd, 1997 CanLII 332, [1997] 3 SCR 701 is a leading decision of the Supreme Court of Canada in the area of Canadian employment law, particularly in determining damages arising from claims concerning wrongful dismissal.
Addis v Gramophone Co Ltd [1909] AC 488 is an old English contract law and UK labour law case, which used to restrict damages for non-pecuniary losses for breach of contract.
Johnson v Unisys Limited [2001] UKHL 13 is a leading UK labour law case on the measure of damages for unfair dismissal and the nature of the contract of employment.
Polkey v AE Dayton Services Ltd [1987] UKHL 8 is a UK labour law case, concerning unfair dismissal, now governed by the Employment Rights Act 1996.
In labour law, unfair dismissal is an act of employment termination made without good reason or contrary to the country's specific legislation.
Eastwood v Magnox Electric plc [2004] UKHL 35 is a UK labour law case concerning damages for wrongful dismissal, which were held to not be limited if a breach of contract occurs during the performance of the contract, rather than at the point of termination.
Horkulak v Cantor Fitzgerald International [2004] EWCA Civ 1287 is a UK labour law case holding that a discretionary bonus may form part of the damages for wrongful dismissal, if the sum of bonuses is predictable.
In law, wrongful dismissal, also called wrongful termination or wrongful discharge, is a situation in which an employee's contract of employment has been terminated by the employer, where the termination breaches one or more terms of the contract of employment, or a statute provision or rule in employment law. Laws governing wrongful dismissal vary according to the terms of the employment contract, as well as under the laws and public policies of the jurisdiction.
Boyo v London Borough of Lambeth [1994] ICR 727 is a UK labour law case, concerning wrongful dismissal.
Edwards v Chesterfield Royal Hospital NHS Foundation Trust and Botham v Ministry of Defence[2011] UKSC 58 is a UK labour law case, concerning wrongful dismissal.
Dunnachie v Kingston-upon-Hull City Council [2004] UKHL 36 is a UK labour law case, concerning unfair dismissal.
Nelson v BBC [1980] ICR 110 is a UK labour law case, concerning unfair dismissal and the role of contributory fault.
Legislation relating to employment in the Republic of Ireland governs the provision and content of the contract of employment, payment of wages, length of the working day and working week, and dismissal procedures.
Stefanko v Doherty and Maritime Hotel Ltd [2019] IRLR 322 (EAT) is a UK labour law case concerning unfair dismissal and discrimination.