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HR buddies

The Covent Garden HR Buddies is an initiative facilitated by Clarkslegal to offer the London HR community the opportunity to meet with like-minded peers, attend relevant seminars and workshops and boost your knowhow of the issues specific to this sector.
 
It’s free and open to anyone interested in HR. It sets its own agenda, so it can be purely social or facilitate presentations to help prevent HR problems for companies in the London area. So if you want to network face to face contact
buddy@clarkslegal.comClick here for further details about our next HR Buddies event.  

If, alternatively, you wish to network online with other HR professionals, then using the discussion forum below, is your ideal opportunity to do so.

Please feel free to post new queries or questions, and/or reply to ones already posted. All you have to do is register a few details, then you will be ready to post your thoughts.

You can post a new query by selecting the tab "new thread". To reply to a post, select that post and then choose the "reply" tab.

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  Discussions  Buddy's question time  Doubling breach...
 Doubling breach of contract
 
Kate_Atkinson
99 posts
Joined
1/4/2006

Doubling breach of contract
Posted: 19 Jun 06 10:11 AM

This week Buddy was asked:We have just lost a breach of contract claim to an ex-employee. The Tribunal awarded the maximum award of £25,000 and the ex-employee is insisting on going to the High Court for the balance of another £25,000. This seems unfair but he has reserved the right in the ET1 to go to the High Court for the excess. Is there anything we can do to stop him doubling the award?

Kate_Atkinson
99 posts
Joined
1/4/2006

Re: Doubling breach of contract
Posted: 26 Jun 06 1:47 PM

Buddy says: In Fraser v Himad Ltd the Court of Appeal held that although the Claimant had reserved the right to pursue the excess over the £25,000 limit, the excess could not be pursued in the civil courts. Your ex-employee cannot double the award!

Employer information: The Court of Appeal held that the wrongful dismissal claim merged with the tribunal judgement for wrongful dismissal and ceased to exist independently of the judgement. The Claimant no longer had a cause of action to pursue in the High Court (even just for the excess over the £25,000 limit). Claimants should not bring claims of wrongful dismissal in the Tribunal unless they want to limit compensation to £25,000!

  Discussions  Buddy's question time  Doubling breach...
 
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