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ARTICLE · 29 FEBRUARY 2008

Guidance On The Statutory Uplift On Compensation Awards

Salans LLP
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Until now the Employment Appeal Tribunal (EAT) had expressly refused to offer tribunals guidance on the application of the statutory uplift to compensatory awards where employers had failed to follow the statutory disciplinary and dismissal procedures (SDDPs).

United KingdomEmployment and HR
James Davies
James Davies

Originally published in In House Lawyer Magazine

Until now the Employment Appeal Tribunal (EAT) had expressly refused to offer tribunals guidance on the application of the statutory uplift to compensatory awards where employers had failed to follow the statutory disciplinary and dismissal procedures (SDDPs). One can speculate that increasing pressure from the lower courts has lead to the EAT changing its stance.

In Aptuit (Edinburgh) Ltd v Kennedy, the EAT set out the factors that tribunals should or, more accurately, should not take into account when applying the uplift.

The Law

All employers should now be reasonably comfortable with the SDDPs, which employers and employees have had to comply with since 1 October 2006 when dismissal or other relevant disciplinary action is contemplated.

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