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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

Signature Litigation—Catherine Naylor

Signature Litigation—Catherine Naylor

International fraud and asset recovery offering boosted by partner hire

Stevens & Bolton—Alexa Payet

Stevens & Bolton—Alexa Payet

Private wealth disputes team adds contentious probate specialist

Morgan Lewis—Paul Feldberg

Morgan Lewis—Paul Feldberg

Firm strengthens investigations and sanctions capabilities with London partner hire

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Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
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