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A suggested four-stage test to apply when considering an Acas uplift ((1) Slade, (2) Hamilton v (1) Biggs, (2) Stewart (3) Aethelbert Ltd)

Published on: 09 December 2021
Published by: LexisPSL
  • A suggested four-stage test to apply when considering an Acas uplift ((1) Slade, (2) Hamilton v (1) Biggs, (2) Stewart (3) Aethelbert Ltd)
  • What are the practical implications of this case?
  • What is the background?
  • Relevant law
  • Background facts
  • Decision of the employment tribunal
  • What did the EAT decide?
  • Case details

Article summary

Employment analysis: When considering the effect of an employer’s failure to comply with a relevant Code under section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULR(C)A 1992), employment tribunals might choose to apply a four-stage test including considerations of (1) whether an Acas uplift would be just and equitable, (2) if so, at what percentage, (3) whether there is any overlap or double-counting with other general awards, and (4) a final sense-check that the sum of money represented by the uplift is not disproportionate in absolute terms. Also, awards for injury to feelings and for aggravated damages made in connection with termination of employment are taxable under section 401 of the Income Tax (Earnings and Pensions) Act 2003 and are therefore subject to grossing up in order to take into account the effect of taxation, according to the employment appeal tribunal (EAT). or take a trial to read the full analysis.

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