Liability, compensation and justice in unfair dismissal

Barry Hough, A. Spowart-Taylor

Research output: Contribution to journalArticlepeer-review


Argues that judges awarding compensation in cases of unfair dismissal under UK law have misinterpreted the legislation, and have failed to award the correct level of damages against the employer because they have focused on compensating for the pecuniary loss suffered by the employee and not on the broader purpose of deterrence. Examines the statutory powers given to the courts to make a compensatory award under the Employment Protection (Consolidation) Act 1978 and looks at how these have been applied in practice, considering issues such as blameworthiness and mitigation. Concludes that the legislation is structurally flawed because it fails to spell out the purpose of compensation, and that this has been compounded by misinterpretation.
Original languageEnglish
Pages (from-to)308-319
Number of pages12
JournalIndustrial Law Journal
Issue number4
Publication statusPublished - Dec 1996


Dive into the research topics of 'Liability, compensation and justice in unfair dismissal'. Together they form a unique fingerprint.

Cite this