Employment Matters - April 2023

Published 3 abril 2023

Every April sees an inflationary increase in statutory rates and limits.  This April, for the first time, the cap on the maximum compensatory award for unfair dismissal claims has topped £100,000 – another way in which employers will feel the effects of inflation in the cost of living squeeze. Compensation caps for injury to feelings in discrimination and whistleblowing claims also rise annually in line with inflation and this year the increases set out below are above 10% which is unusual.

The EAT has also seen a small flurry of judgments in strike out claims. Overall, these judgments show how difficult it can be to predict whether a strike out application will be successful, and how fact specific this is. The cases also show that it is unlikely that tribunals will strike out a claim in its entirety when the claimant has complied with some of the tribunal orders. 

This month, for the first time, we are including an update from our team in Northern Ireland. We hope you enjoy reading it.

Increases in rates and limits

Annual increases in employment related rates and limits will take effect this month.

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Discrimination and whistleblowing detriment: Vento band increase

The annual Vento band increases, which guide awards for injury to feelings in discrimination and whistleblowing detriment claims, have been announced.

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Disability discrimination: An employee’s “meltdowns” and aggressive behaviour at work did not arise from his disabilities

The EAT has upheld a tribunal’s decision that an employee’s disabilities played no part in his aggressive conduct when he was in conflict with colleagues.

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Northern Ireland update

A case law update including cases involving race discrimination, unlawful deductions, employment status, constructive dismissal and sexual harassment plus details of annual increases to employment related rates.

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