Neil Andrews - Partner, Coles Miller

Beware The Penalties When Employees Cry 'Foul'9th Nov 2015

by Neil Andrews on 9th Nov 2015

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Chelsea Football Club’s 2015-2016 fixtures list does not include a clash entitled Carneiro v Mourinho.

But the much reported touchline dispute between the club’s manager and former team doctor is making headlinesNeil Andrews - Partner, Coles Miller alongside Chelsea’s woes on the pitch.

We will not comment further on the matter – other than to suggest that it will probably not get to an employment tribunal. It is hoped that the parties reach agreement before that.

In general terms, Coles Miller’s Bournemouth, Poole and Dorset employment law solicitors are urging employers to note the following…

It is not just employers that can find themselves the subject of a legal action by a current of former employee. Individuals can be named as well if victimisation or discrimination were involved.

Compensation can go beyond loss of earnings. Employees can also claim for:

  • loss of pension benefits
  • loss of career advancement – such as missing out on a lucrative promotion
  • stigma damages – if the wrongful actions of the employer or named individual(s) made it harder for the employee to find work elsewhere
  • career loss – if the wrongful actions result in the employee never being able to work again.

But that is not all.

Claims can also include non-financial losses: personal injury (psychological damage) and injury to feelings (anything from £600 to £30,000 in potential damages).

Non-financial losses can also include some other very worrying pitfalls such as aggravated damages and punitive damages.

Aggravated damages can be claimed if the employer has tried to cover up any wrong doing.

Punitive damages take this a stage further. They are unlimited and go beyond simply compensating the victim.

For further information about protecting your company from claims under employment law, contact Coles Miller Partner, Neil Andrews.