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21 April 2023 / Ian Smith
Issue: 8021 / Categories: Features , Employment , Tribunals , Discrimination , Damages
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Employment law brief: 21 April 2023

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On the clock: in this month’s employment brief, Ian Smith discusses judges acting up, bonus bonanzas & failures to mitigate
  • Who is a part-time worker?
  • When is a discretionary bonus properly payable?
  • How should the doctrine of mitigation of damage be applied in discrimination cases?

The beginning of April saw the usual annual uprating of the employment protection remedies amounts (against the backdrop of a high retail price index increase of 12%), the social security benefit rates and the national living and minimum wage figures. In addition, new presidential guidance has increased the Vento bands for compensation for injury to feelings. These changes and the specific dates for their commencements are set out in Harvey Bulletin 537. Of particular interest in the last month’s case law are three Employment Appeal Tribunal (EAT) decisions addressing three particular questions:

1. Who is a part-time worker?

2. When is a discretionary bonus properly payable?

3. How should the doctrine of mitigation of damage be applied in discrimination cases?

These

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