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On 1 September 2016 Withy King LLP merged with Royds LLP. The trading name for the merged firm is Royds Withy King. All content produced prior to this date will remain in the name of the firms pre-merger.

10 March 2015 0 Comments
Posted in Employment, Opinion

Challenge to unfair dismissal awards cap fails

Posted by , Partner

In R (Compromise Agreements Limited) v Secretary of State for Business, Innovation and Skills the administrative division of the High Court has refused an employment law firm permission to proceed with judicial review of the Government’s decision to impose a 12 month cap on the maximum amount of compensatory award in unfair dismissal cases. The applicant argued that the limit would have a disproportionate impact on older employees and that it breached Article 14 of the European Convention on Human Rights; but the Court did not agree. It also held that the Secretary of State did not fail to have due regard to the public sector equality duty under the Equality Act in imposing the cap. Interestingly, the Court’s decision was strongly influenced by its view that the application for permission had not been made with sufficient speed, which endorses the importance of acting swiftly with potential judicial review cases.

This legal update is provided for general information purposes only and should not be applied to specific circumstances without prior consultation with us.

For further details on any of the issues covered in this update please contact Gemma Ospedale, Partner in Employment on 020 7583 2222.

 

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