The claimant appealed against rejection of his claim for unfair dismissal and similar, the decision being made that the applications were out of time. He also complained that the hearing had effectively heard been in private. Held: No arguable point of law had been demonstrated and the appeal failed. Judges: Peter Clark HHJ Citations: [1998] … Continue reading Storer v British Gas Plc: EAT 16 Oct 1998
Redundancy and Jurisdictional/Time Points In this appeal the EAT considered that where the EJ had made findings that indicated that the Claimant’s effective date of termination (Employment Rights Act 1996 section 97(1)(b) and 145(2)) could be established by reference to objective factors and that the EJ had held that by that date the Claimant ought … Continue reading Avuru v Favernmead Ltd and Another (Redundancy and Jurisdictional : Time Points): EAT 29 May 2020
The applicant had been born and registered as a female, but later came to receive treatment and to live as a male. He complained that the respondent had failed to amend his birth certificate. Held: The court accepted that, by failing to confer on a transsexual a right to an amended birth certificate, the state … Continue reading Rees v The United Kingdom: ECHR 17 Oct 1986
The claimant suffered back pain for which she required neurosurgery. The operation was associated with a 1-2% risk of the cauda equina syndrome, of which she was not warned. She went ahead with the surgery, and suffered that complication. The evidence established that cauda equina syndrome was a random and inherent risk of the surgery, … Continue reading Chester v Afshar: HL 14 Oct 2004
To exclude a child from school for as long as his parents refused to let him be beaten ‘cannot be described as reasonable and in any event falls outside the State’s power of regulation in article 2’. The Convention protects only religions and philosophies which are ‘worthy of respect in a ‘democratic society’ and are … Continue reading Campbell and Cosans v The United Kingdom: ECHR 25 Feb 1982
The appellant, a part time recorder challenged his exclusion from pension arrangements. Held: The appeal was allowed. No objective justification has been shown for departing from the basic principle of remunerating part-timers pro rata temporis. ‘The reality is that recorders are expected to observe the terms and conditions of their appointment, and that they may … Continue reading O’Brien v Ministry of Justice: SC 6 Feb 2013
Rehearing/Review – Little Difference on Appeal The appellant asked the Court to reverse a decision on the facts reached in the lower court. Held: The appeal failed (Majority decision). The court’s approach should be the same whether the case was dealt with as a rehearing or as a review. Tanfern was limited to appeals from … Continue reading Assicurazioni Generali Spa v Arab Insurance Group (BSC): CA 13 Nov 2002
EAT UNFAIR DISMISSAL – Reasonableness of dismissal CONTRACT OF EMPLOYMENT – Wrongful dismissal UNFAIR DISMISSAL – Contributory fault PRACTICE AND PROCEDURE – Review PRACTICE AND PROCEDURE – Appellate jurisdiction/reasons/Burns-Barke Unfair dismissal – fairness of dismissal (Employment Rights Act 1996 (‘ERA’) section 98(4)) and band of reasonable responses test – whether the ET was guilty of … Continue reading Portsmouth Hospitals NHS Trust v Corbin (Unfair Dismissal: Reasonableness of Dismissal): EAT 5 Jan 2017
STATUTORY MATERNITY PAY – entitlement to SMP – termination of employment when going on maternity leave – conciliation by ACAS – whether COT3 agreement can compromise claim to SMP – held that SMP is payable – s203 Employment Rights Act 1996 – Section 164, Social Security Contributions and Benefits Act 1992 [2019] UKFTT 635 (TC) … Continue reading NVCS Ltd v Revenue and Customs (Statutory Maternity Pay – Entitlement To SMP): FTTTx 17 Oct 2019
COURT (PLENARY) The complainant asserted that his telephone conversation had been tapped on the authority of a warrant signed by the Secretary of State, but that there was no system to supervise such warrants, and that it was not therefore in ‘accordance with law’. The taps were based on a non-binding and unpublished directive from … Continue reading Malone v The United Kingdom: ECHR 2 Aug 1984
The two applicants were serving life sentences for murder. Each sought damages for the unlawful withdrawal of their rights to vote in elections, and the failure of the British parliament to take steps to comply with the judgment. Held: The appeals failed.Lord Mance summarised the reasons for his conclusions: ‘(A) Human Rights Act In respect … Continue reading Chester, Regina (on The Application of) v Secretary of State for Justice: SC 16 Oct 2013
Closed Material before Supreme Court Under the 2009 order, the appellant Bank had been effectively shut down as to its operations within the UK. It sought to use the appeal procedure, and now objected to the use of closed material procedure. The Supreme Court asked itself whether it was possible for the Supreme Court to … Continue reading Bank Mellat v Her Majesty’s Treasury (No 1): SC 19 Jun 2013
EAT Contract of Employment : Wrongful Dismissal – Implied term/variation/construction of term UNFAIR DISMISSAL – Contributory fault The Claimant was summarily dismissed. He brought a claim of wrongful dismissal. The Employment Judge found that he had been wrongfully dismissed, the conduct upon which the Respondent relied not being inadvertent and not in repudiatory breach. It … Continue reading Robert Bates Wrekin Landscapes Ltd v Knight: EAT 30 Jan 2014
The applicants, parents of more than 800 Francophone children, living in certain (mostly Dutch-speaking) parts of Belgium, complained that their children were denied access to an education in French. Held: In establishing a system or regime to comply with a Convention obligation, a State may include within the system elements that are not strictly required … Continue reading Relating to certain aspects of the laws on the use of languages in education in Belgium (Belgian Linguistics) No 2: ECHR 9 Feb 1967
The court considered the calculation of guarantee payments to be paid under the 1996 Act to employees who have been laid off or placed on short-time working because of a downturn in business. Sir Terence Etherton Ch, Kitchin, Underhill LJJ [2013] EWCA Civ 1148 Bailii Employment Rights Act 1996 England and Wales Citing: Appeal from … Continue reading Abercrombie and Others v Aga Rangemaster Ltd: CA 11 Oct 2013
A solicitor had failed to register an option as a land charge over property. The court was asked what steps should have been taken by a solicitor in the conduct of a claim: ‘Mr Harman [leading counsel for the plaintiff] sought to rely upon the fact . .
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