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Retrospective award for failure to provide written statement of terms and conditions

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The Employment Appeal Tribunal has handed down a (short) judgment dealing with whether tribunals are entitled to grant a retrospective award of two (or four) weeks' pay against an employer who has failed to provide a written statement of terms and conditions.

This remedy was introduced under the Employment Act 2002 (section 38). It came into force on 1st October 2004. The EAT has held that an employee is entitled to the award, when judgment is given after 1st October 2004, even if the dismissal was before 1st October and the claim lodged before 1st October.

This decision is likely to prove controversial, although it is likely to have relative little impact as most cases going through the tribunal system will now be dealing with dismissals after October 2004.

Lewald-Jezierska v Solicitors in Law Ltd.