NIIT (A) The claimant’s redundancy payment claim against Firecrest Compartmentation Ltd is not well-founded and accordingly it is dismissed. (B) I am satisfied that the claimant is entitled to a redundancy payment of andpound;2,220 from Firecrest (NI) Ltd. (C) Pursuant to Article 205 of the Employment Rights (Northern Ireland) Order 1996 (‘the 1996 Order’), I … Continue reading Murray v Firecrest Compartmentation Ltd Firecrest (NI) Ltd Department for Employment and Learning: NIIT 7 Oct 2011
NIIT (A) The claimant’s redundancy payment claim against Firecrest Compartmentation Ltd is not well-founded and accordingly it is dismissed. (B) I am satisfied that the claimant is entitled to a redundancy payment of andpound;4,625 from Firecrest (NI) Ltd. (C) Pursuant to Article 205 of the Employment Rights (Northern Ireland) Order 1996 (‘the 1996 Order’), I … Continue reading Taggart v Firecrest Compartmentation Ltd Firecrest (NI) Ltd Department for Employment and Learning: NIIT 7 Oct 2011
NIIT (A) The claimant’s redundancy payment claim against Firecrest Compartmentation Ltd is not well-founded and accordingly it is dismissed. (B) I am satisfied that the claimant is entitled to a redundancy payment of andpound;3,188 from Firecrest (NI) Ltd. (C) Pursuant to Article 205 of the Employment Rights (Northern Ireland) Order 1996 (‘the 1996 Order’), I … Continue reading Jordan v Firecrest Compartmentation Ltd Firecrest (NI) Ltd Department for Employment and Learning: NIIT 7 Oct 2011
NIIT (A) The claims against Firecrest Compartmentation Ltd and against Firecrest NI Ltd are not well-founded and accordingly each of those claims is dismissed. (B) The respondent Department (‘the Department’) is not liable to make a payment to the claimant in respect of redundancy pursuant to Article 201 of the Employment Rights (Northern Ireland) Order … Continue reading Laverty v Firecrest Compartmentation Ltd Department for Employment and Learning, Firecrest NI Ltd: NIIT 19 Oct 2011
NIIT (A) The claimant’s redundancy payment claim against Firecrest Compartmentation Ltd is not well-founded and accordingly it is dismissed. (B) I am satisfied that the claimant is entitled to a redundancy payment of andpound;1,665 from Firecrest (NI) Ltd. (C) Pursuant to Article 205 of the Employment Rights (Northern Ireland) Order 1996 (‘the 1996 Order’), I … Continue reading Catney v Firecrest Compartmentation Ltd Firecrest (Ni) Ltd Department for Employment and Learning: NIIT 7 Oct 2011
A statement made by a politician as to his intentions on a particular matter if elected could not create a legitimate expectation as regards the delivery of the promise after elected, even where the promise would directly affect individuals, and the costs of a child’s education. Any consequences of a failure to keep a promise … Continue reading Regina v Department of Education and Employment ex parte Begbie: CA 20 Aug 1999
The appellants were teachers in Christian schools who said that the blanket ban on corporal punishment interfered with their religious freedom. They saw moderate physical discipline as an essential part of educating children in a Christian manner. Held: The appeal was dismissed. For Article 9 to be engaged (aside from certain other threshold conditions) the … Continue reading Regina v Secretary of State for Education and Employment and others ex parte Williamson and others: HL 24 Feb 2005
The company decided to make redundancies. The applicants, all selected, had worked in more than one section of the plant. All employees worked under the same contract, but employees were chosen only from the one section. The complainants said that the entire workforce should have been considered. Held: Under the Order it was for the … Continue reading Murray and Another v Foyle Meats Ltd (Northern Ireland): HL 8 Jul 1999
NIIT (A) The claimant’s redundancy payment claim against Firecrest Compartmentation Ltd is not well-founded and accordingly it is dismissed. (B) I am satisfied that the claimant is entitled to a redundancy payment of andpound;8,550 from Firecrest (NI) Ltd. (C) Pursuant to Article 205 of the Employment Rights (Northern Ireland) Order 1996 (‘the 1996 Order’), I … Continue reading Clarke v Firecrest Compartmentation Ltd: NIIT 7 Oct 2011
Citations: [2010] NIIT 03980 – 09IT Links: Bailii Statutes: Employment Rights (Northern Ireland) Order 1996 33 Northern Ireland, Employment Updated: 15 August 2022; Ref: scu.403066
Citations: [2009] NIIT 715 – 03IT Links: Bailii Statutes: Employment Rights (Northern Ireland) Order 1996 130(2) Jurisdiction: Northern Ireland Citing: Cited – British Aerospace plc v Green and Others CA 18-Apr-1995 The employer was to make 530 members of its staff redundant. Each staff member was assessed and scored. The claimants said that the method … Continue reading McCormick v Short Brothers Plc: NIIT 18 Jun 2009
Held: the claimant satisfies the requirements to bring a claim under Article 140 of the Employment Rights (Northern Ireland) Order 1996 for unfair dismissal, and the claimant’s claim for unfair dismissal was presented out of time and accordingly is dismissed, and the claimant’s claim for sex discrimination may proceed to hearing. Citations: [2008] NIIT 1261 … Continue reading Billova v OCS Group UK Limited: NIIT 24 Apr 2008
Citations: [2002] NIIT 848 – 02 Links: Bailii Statutes: Employment Rights (Northern Ireland) Order 1996 55 Jurisdiction: Northern Ireland Employment Updated: 04 July 2022; Ref: scu.237201
Citations: [2002] NIIT 155 Links: Bailii Statutes: Employment Rights (Northern Ireland) Order 1996 Jurisdiction: Northern Ireland Employment Updated: 10 June 2022; Ref: scu.196251
The administrators gave employees of the company notice of termination of their employment. Then administrators refused consent under para 43(6) to actions against the company in the Northern Ireland Industrial Tribunal for protective awards, unfair dismissal, breach of contract and otherwise. The claims were issued anyway, and the administrators argued that they were a nullity, … Continue reading McCartney and Unite The Union and Another v Nortel Networks UK Ltd (In Administration): ChD 22 Apr 2010
The company made redundancies but failed to carry out any effective or honest consultation. The tribunal awarded the maximum 90 days protective order. The company appealed saying that it had given the employees greater notice than was strictly due. Held: The purpose of the order was punitive and therefore was not affected by the actual … Continue reading Susie Radin Ltd v GMB and others: CA 20 Feb 2004
EAT Unfair Dismissal – Constructive dismissalMaternity Rights and Parental Leave – Sex discriminationThe Claimant was employed as a Magistrates’ Clerk and she brought successful claims to the Employment Tribunal that:(a) Ms Slee (‘the Claimant’) had been constructively unfairly dismissed by The Department for Constitutional Affairs (‘the Respondent’);(b) The Respondent had failed to offer to the … Continue reading Secretary of State for Justice v Slee: EAT 19 Jul 2007
Four appellants challenged the policy of the ministry to discharge homosexuals from the armed services. Held: Where a measure affects fundamental rights or has profoundly intrusive effects, the courts will anxiously scrutinise the decision to introduce it.Sir Thomas Bingham MR said: ‘The court may not interfere with the exercise of an administrative discretion on substantive … Continue reading Regina v Ministry of Defence ex parte Smith; ex parte Grady: CA 3 Nov 1995
(Northern Ireland) The applicant sought judicial review of a decision not to disclose documents held by the respondent to him saying that the refusal was disproportionate and infringed his human rights. The respondents said that the documents were provided on an assurance of confidentiality. Held: Disclosure rules are different in judicial review proceedings since such … Continue reading Tweed v Parades Commission for Northern Ireland: HL 13 Dec 2006
A full-time a full-time chairman of industrial tribunals, a full time chairman of social security appeal tribunals, and a social security commissioner are workers within the meaning of the European legislation, even though, by domestic legislation they were statutory officers, and so excluded from protection. The word ‘worker’ has a special community meaning, and it … Continue reading Perceval-Price, and others v Department of Economic Development etc: CANI 12 Apr 2000
The asylum applicant challenged a certificate given by the respondent that the claim for asylum was manifestly ill-founded. The respondent had made a mistake in applying the appropriate policy, but had sought to correct the error. The claimants asserted that a legitimate expectation had been created. Held: The abiding principle which underpins the legitimate expectation … Continue reading Regina (Nadarajah) v Secretary of State for the Home Department; Abdi v Secretary of State for the Home Department: CA 22 Nov 2005
(Northern Ireland) The deceased solicitor was murdered in his home in 1989, allegedly by loyalists. They had never been identified, though collusion between security forces and a loyalist paramilitary was established. The ECHR and a judge led inquiry had said that a proper investigation was required. A promised inquiry under the 2005 Act was objected … Continue reading Finucane, Re Application for Judicial Review: SC 27 Feb 2019
Transgender Male to Female not to marry as Female The parties had gone through a form of marriage, but Mrs B had previously undergone gender re-assignment surgery. Section 11(c) of the 1973 Act required a marriage to be between a male and a female. It was argued that the section was incompatible with the claimant’s … Continue reading Bellinger v Bellinger: HL 10 Apr 2003
The claimant sought to challenge the validity of the 2009 Act by judicial review. The Act would make their insured and themselves liable to very substantial unanticipated claims for damages for pleural plaques which would not previousl or otherwise have amounted to personal injury. Pleural plaques are physical changes in the pleura, detectable radiologically as … Continue reading AXA General Insurance Ltd and Others v Lord Advocate and Others: SCS 8 Jan 2010
Same Sex Partner Entitled to tenancy Succession The protected tenant had died. His same-sex partner sought a statutory inheritance of the tenancy. Held: His appeal succeeded. The Fitzpatrick case referred to the position before the 1998 Act: ‘Discriminatory law undermines the rule of law because it is the antithesis of fairness. It brings the law … Continue reading Ghaidan v Godin-Mendoza: HL 21 Jun 2004
The claimant’s husband had been lost from the defendant’s ship at sea. The defendant had contracted to pay compensation unless the loss was by suicide. They so determined. The court was now asked whether that was a permissible conclusion in the circumstances: ‘This case raises two inter-linked questions of principle, one general and one particular. … Continue reading Braganza v BP Shipping Ltd: SC 18 Mar 2015
amwell_dogherty The claimant had secretly recorded the disciplinary hearings and also the deliberations of the disciplinary panel after their retirement. The tribunal had at a case management hearing admitted the recordings as evidence, and the defendant appealed, saying also that it had been disclosed too late. Held: The evidence contained in the recordings was relevant … Continue reading Amwell View School v Dogherty: EAT 15 Sep 2006
(Grand Chamber) The applicants complained that on being arrested on suspicion of offences, samples of their DNA had been taken, but then despite being released without conviction, the samples had retained on the Police database. Held: (Unanimous) The retention was unlawful. Though other member states retained some DNA samples in certain conditions, the UK was … Continue reading Marper v United Kingdom; S v United Kingdom: ECHR 4 Dec 2008
Police Retention of Suspects DNA and Fingerprints The claimants complained that their fingerprints and DNA records taken on arrest had been retained after discharge before trial, saying the retention of the samples infringed their right to private life. Held: The parts of DNA used for testing are not generally capable of revealing medical information about … Continue reading S, Regina (on Application of) v South Yorkshire Police; Regina v Chief Constable of Yorkshire Police ex parte Marper: HL 22 Jul 2004
The claimant was a post operative male to female trans-sexual. She claimed that her human rights were infringed when she was still treated as a man for National Insurance contributions purposes, where she continued to make payments after the age at which a woman would have ceased payments thus causing harassment. A second claimant again … Continue reading Goodwin v The United Kingdom: ECHR 11 Jul 2002
Bias may not be intentional The applicant claimed that he had been denied appointment to a job with London Regional Transport because he had brought a number of previous race discrimination claims against it or associated companies. An industrial tribunal had upheld his claim of victimisation contrary to section 2(1) of the 1976 Act, finding … Continue reading Swiggs and others v Nagarajan: HL 15 Jul 1999
The student, a Muslim wished to wear a full Islamic dress, the jilbab, but this was not consistent with the school’s uniform policy. She complained that this interfered with her right to express her religion. Held: The school’s appeal succeeded. The school had acted responsibly and carefully seeking to balance and respect several interests when … Continue reading Begum (otherwise SB), Regina (on the Application of) v Denbigh High School: HL 22 Mar 2006
Right to be Forgotten is not absolute The two claimants separately had criminal convictions from years before. They objected to the defendant indexing third party web pages which included personal data in the form of information about those convictions, which were now spent. The claims were in Data Protection and the common law tort of … Continue reading NT 1 and NT 2 v Google Llc: QBD 13 Apr 2018
One claimant said that as a foreign resident pensioner, she had been excluded from the annual uprating of state retirement pension, and that this was an infringement of her human rights. Another complained at the lower levels of job-seeker’s allowance payable to those under 25. Held: (Lord Carswell dissented in part.) The claims failed. The … Continue reading Carson, Regina (on the Application of) v Secretary of State for Work and Pensions; Reynolds v Same: HL 26 May 2005
The court considered whether a power of appeal to the existed.
Held: A power did exist under FETO, and the CANI having mistakenly excluded a power to appeal the Supreme Court could nevertheless hear it. Both appeals were allowed. . .
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