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18 September 2008
Issue: 7337 / Categories: Case law , Law digest , Employment , In Court
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Employment law

Jones v Global Crossing (UK) Telecommunications Ltd [2008] All ER (D) 19 (Sep)

When assessing damages for wrongful dismissal, the court or tribunal is required to assess what the employee would have received had the contract been performed. That requires a calculation of what he would actually have received, ie net of tax.

However, the tax regime has to be taken into account so that the sum which the employee receives as damages, in his hand, is sufficient to enable him to discharge any tax liability that he may have to the Inland Revenue in respect of the sum awarded.

Therefore, the calculation involves taking the first £30,000 (tax free under s 148 of the Income Incorporation Taxes Act 1988) and deducting it from the net figure to which the tribunal has come and then on the balance of that figure, grossing that figure up in order to ascertain what the tax bill is likely to be that the employee will face, having received that sum in his hands.

Issue: 7337 / Categories: Case law , Law digest , Employment , In Court
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MOVERS & SHAKERS

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

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A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
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Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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