EAT Statutory Discipline and Grievance Procedures – Whether applicable – Whether infringed – Was the modified or standard grievance procedure applicable? The Employment Tribunal found the former, and held that the grievance did not identify the basis of the claims which were subsequently lodged with the Tribunal. Therefore the Tribunal had no jurisdiction to hear … Continue reading Riley v First Choice Homes Oldham Ltd: EAT 30 Apr 2008
Loss of Confidentiality Protection – public domain A retired secret service employee sought to publish his memoirs from Australia. The British government sought to restrain publication there, and the defendants sought to report those proceedings, which would involve publication of the allegations made. The AG sought to restrain those publications. Held: A duty of confidence … Continue reading Attorney-General v Guardian Newspapers Ltd (No 2) (‘Spycatcher’): HL 13 Oct 1988
Dr M had successfully challenged her dismissal and recovered damages for unfair dismissal and race discrimination. In the interim, Her employer HA had reported the dismissal to the respondent who continued their proceedings despite the decision in her favour. The GMC now said that the availability of judicial review excluded her right to commence proceedings … Continue reading Michalak v General Medical Council and Others: SC 1 Nov 2017
Mr Leander had been refused employment at a museum located on a naval base, having been assessed as a security risk on the basis of information stored on a register maintained by State security services that had not been disclosed him. Mr Leander complained that he should have been provided with the information in question, … Continue reading Leander v Sweden: ECHR 26 Mar 1987
EAT JURISDICTIONAL POINTS:2002 Act and Pre-Action RequirementsClaim in Time and Effective Date of TerminationExtension of Time: Reasonably PracticableThe Tribunal at a pre-hearing review erred in law in holding that the Appellant was barred by section 32(2) from bringing (1) certain complaints of racial harassment and (2) a specific complaint concerning one particular individual employee. The … Continue reading Fullerton v Interights International Centre for The Legal Protection of Human Rights: EAT 19 Feb 2010
The claimant journalist sought disclosure of papers acquired by the respondent in its conduct of enquiries into the charitable Mariam appeal. The Commission referred to an absolute exemption under section 32(2) of the 2000 Act, saying that the exemption continued until the papers were destroyed, or for 20 years under the 1958 Act. Held: The … Continue reading Kennedy v The Charity Commission: SC 26 Mar 2014
EAT Equal Pay Act – Out of time Equal pay claims and statutory grievance procedures. Whether claimants prevented by section 32(2) of the Employment Act 2002 from presenting complaints specifying different comparators from those (if any) specified in grievances. EAT held that Tribunals required to carry out a qualitative assessment to see if comparators in … Continue reading Highland Council v TGWU/Unison and Others: EAT 7 Dec 2007
EAT Jurisdictional Points: 2002 Act and pre-action requirements Age Discrimination Appeal allowed in part. Claim for unfair dismissal on grounds of age discrimination does not require prior submission of grievance under S32(2) Employment Act 2002. Judges: Serota QC J Citations: UKEAT/0181/07/LA, [2007] UKEAT 0181 – 07 – 1105 Links: EAT, Bailii Employment, Discrimination Updated: 24 … Continue reading Mackay v Hanna (T/A Blakes Newsagents): EAT 11 May 2007
EAT Equal Pay Act – Out of time Equal pay claims and statutory grievance procedures. Whether claimants prevented by section 32(2) of the Employment Act 2002 from presenting complaints specifying different comparators from those (if any) specified in grievances. EAT held that Tribunals required to carry out a qualitative assessment to see if comparators in … Continue reading Highland Council v TGWU Unison First and others: EAT 18 Dec 2007
The claimant had asserted constructive dismissal. He succeeded on appeal to the EAT, and the employer now appealed. He had asserted bullying by his managers, and then was absent from work after developing depression. The commission said that he was debarred from claiming having not completed the grievance procedure or provided a written statement of … Continue reading Lipscombe v The Forestry Commission: CA 9 May 2007
EAT The Claimant was employed on a fixed term contract. During the terms of the contract he was dismissed for misconduct and made an application to the Employment Tribunal (ET) claiming unfair dismissal. He appealed but the appeal was heard after the date when the contract would have expired by effluxion of time. The appeal … Continue reading Prakash v Wolverhampton City Council: EAT 1 Sep 2006
EAT JURISDICTIONAL POINTS: 2002 Act and pre-action requirementsThe Employment Judge erred in law in holding that the claims were barred by section 32(2) of the Employment Act 2002. [2009] UKEAT 0050 – 09 – 1203 Bailii Employment Act 2002 England and Wales Citing: Cited – Shergold v Fieldway Medical Centre EAT 5-Dec-2005 The claimant had … Continue reading Elhaeres v Chubb Security Personnel Ltd: EAT 12 Mar 2009
The claimant had submitted a grievance complaining in general terms of the way in which she had been treated by a manager. She did not, however, refer to a particular incident relied on in her pleading as one of the two ‘last straw’ incidents that led to her resignation. The respondent contended that by reason … Continue reading Shergold v Fieldway Medical Centre: EAT 5 Dec 2005
(Grand Chamber) The claimant had been exposed to harmful chemicals whilst in the Army at Porton Down in 1953. He had wished to claim a service pension on the basis of the ensuing personal injury, but had been frustrated by many years of the defendant failing to provide records to allow the claim. The defendant … Continue reading Roche v The United Kingdom: ECHR 19 Oct 2005
