Unfair Dismissal Cap Challenge Fails
An attempt to quash the new cap on the unfair dismissal compensatory award has failed.
The cap of 52 weeks' pay was introduced last July. A challenge was made on the basis that the cap was indirectly discriminatory on grounds of age, as older people are more likely to be out of work for more than a year. It was also argued that many older potential claimants would be put off bringing a claim, making the cap indirectly age discrimination in relation to access to justice.
An appeal is being considered.
The articles published on this website, current at the date of publication, are for reference purposes only. They do not constitute legal advice and should not be relied upon as such. Specific legal advice about your own circumstances should always be sought separately before taking any action.