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Timeplan Education Group Limited v National Union of Teachers and Dunn: CA 23 Jan 1997

Damages were claimed for an alleged unlawful interference with contractual relations. Held: Ignorance of the terms of the contract did not suffice to show absence of intent to interfere with contractual relations. Citations: [1997] EWCA Civ 832, [1997] 1RLR 457 Jurisdiction: England and Wales Citing: Approved – Greig v Insole 1978 The court was asked … Continue reading Timeplan Education Group Limited v National Union of Teachers and Dunn: CA 23 Jan 1997

National Union of Teachers and others v Governing Body of St Mary’s Church of England (Aided) Junior School and others: CA 12 Dec 1996

The acquired rights directive applies to a board of governors of a school since it is an ’emanation of state’. LMA This was a claim by teachers who had lost their jobs. They claimed the protection of te hDirective. Held: The governing body of the voluntary aided school was an emanation of the State. The … Continue reading National Union of Teachers and others v Governing Body of St Mary’s Church of England (Aided) Junior School and others: CA 12 Dec 1996

Blackpool and the Fylde College v Naitonal Association of Teachers In Further and Higher Education: CA 23 Mar 1994

A trades union is to tell the employer who is being balloted for strike action. Its notice of industrial action must identify those to be ballotted. Judges: Thomas Bingham MR Citations: Times 23-Mar-1994, Ind Summary 18-Apr-1994, [1994] ICR 648 Statutes: Trade Union Reform & Employment Rights Act 1993, Trade Union and Labour Relations (Consolidation) Act … Continue reading Blackpool and the Fylde College v Naitonal Association of Teachers In Further and Higher Education: CA 23 Mar 1994

National Union of Teachers and Others v St Mary’s Church Of England Junior School and Others: EAT 2 Nov 1994

EAT Whether the Acquired Rights Directive EC77/187 (‘the Directive’) is enforceable against the governing body of a voluntary aided school, as an emanation of the State within the meaning ascribed to that expression by the European Court of Justice in Foster v. British Gas Plc [1991] 2 AC 306. Judges: Mummery J Citations: [1994] UKEAT … Continue reading National Union of Teachers and Others v St Mary’s Church Of England Junior School and Others: EAT 2 Nov 1994

Deman v Association of University Teachers: FENI 21 Mar 2008

Citations: [2008] NIFET 218 – 96FET Links: Bailii Citing: Cited – Dr Anya v University of Oxford and Another CA 22-Mar-2001 Discrimination – History of interactions relevantWhen a tribunal considered whether the motive for an act was discriminatory, it should look not just at the act, but should make allowance for earlier acts which might … Continue reading Deman v Association of University Teachers: FENI 21 Mar 2008

Deman v Association of University Teachers: EAT 12 Jan 2000

Citations: [2000] UKEAT 746 – 99 – 1201 Links: Bailii Cited by: Cited – Deman v Association of University Teachers and Another EAT 6-Jun-2001 Appeal against order of tribunal for adjournment to allow vexatious litigant application against the applicant. . .Cited – Deman v Association of University Teachers and others EAT 5-Feb-2002 EAT Race Discrimination … Continue reading Deman v Association of University Teachers: EAT 12 Jan 2000

Liu v the Association of University Teachers: EAT 7 Feb 2007

EAT Circumstances in which a claimant who had not appeared at the full hearing of his appeal before the Employment Appeal Tribunal sought and was granted review of order dismissing his appeal. Respondents’ application for expenses granted in part on grounds of unreasonable conduct by the claimant. Judges: The Honourable Lady Smith Citations: [2007] UKEAT … Continue reading Liu v the Association of University Teachers: EAT 7 Feb 2007

Deman v Association of University Teachers and others: EAT 29 Sep 2005

EAT Practice and Procedure – Appellate jurisdiction/Reasons/Burns-Barke. – It is not appropriate for a judge of the EAT, subject to an unresolved complaint to the Lord Chancellor by Mr Deman to handle that party’s case. Breeze Benson applied. Judges: His Honour Judge McMullen QC Citations: UKEATPA/0666/05, [2005] UKEAT 0666 – 05 – 2909 Links: Bailii, … Continue reading Deman v Association of University Teachers and others: EAT 29 Sep 2005

Deman v Association of University Teachers: CA 1 Nov 2002

Application for permission to appeal. Citations: [2002] EWCA Civ 1732 Links: Bailii Jurisdiction: England and Wales Citing: See Also – Deman v Association of University Teachers and others EAT 5-Feb-2002 EAT Race Discrimination – Inferring Discrimination EAT Race Discrimination – Inferring discrimination. . . See Also – Deman v Association of University Teachers CA 14-Mar-2003 … Continue reading Deman v Association of University Teachers: CA 1 Nov 2002

Deman v Association of University Teachers: CA 1 Mar 2002

Application for permission to appeal against a decision of the Employment Appeal Tribunal Citations: [2002] EWCA Civ 426 Links: Bailii Jurisdiction: England and Wales Citing: See Also – John Hardie v the City of Edinburgh Council for Judicial Review of A Decision To Remove the Petitioner From the List of Supply Teachers By the City … Continue reading Deman v Association of University Teachers: CA 1 Mar 2002

National Union of Teachers and others v St Mary’s Church of England (Aided) Primary School and others: EAT 25 Mar 1994

Citations: [1994] UKEAT 905 – 93 – 2503 Links: Bailii Cited by: See Also – National Union of Teachers and Others v St Mary’s Church Of England Junior School and Others EAT 2-Nov-1994 EAT Whether the Acquired Rights Directive EC77/187 (‘the Directive’) is enforceable against the governing body of a voluntary aided school, as an … Continue reading National Union of Teachers and others v St Mary’s Church of England (Aided) Primary School and others: EAT 25 Mar 1994

Deman v Association of University Teachers and Another: EAT 6 Jun 2001

Appeal against order of tribunal for adjournment to allow vexatious litigant application against the applicant. Citations: [2001] UKEAT 1311 – 00 – 0606 Links: Bailii Statutes: Employment Tribunals Act 1996 33 Citing: See Also – John Hardie v the City of Edinburgh Council for Judicial Review of A Decision To Remove the Petitioner From the … Continue reading Deman v Association of University Teachers and Another: EAT 6 Jun 2001

Deman v Association of University Teachers: EAT 30 Apr 2001

Preliminary ex parte hearing to decide whether appeal was to go ahead to full hearing. Citations: [2001] UKEAT 746 – 99 – 3004 Links: Bailii Citing: See Also – Deman v Association of University Teachers and others EAT 5-Feb-2002 EAT Race Discrimination – Inferring Discrimination EAT Race Discrimination – Inferring discrimination. . . Cited by: … Continue reading Deman v Association of University Teachers: EAT 30 Apr 2001

Deman v Association of University Teachers: EAT 7 Oct 2003

Citations: [2003] EAT 0142 – 03 – 0710, [2003] UKEAT 0142 – 03 – 0710 Links: Bailii, Bailii Citing: See Also – Deman v The Association of University Teachers and Others EAT 2-Jul-2003 EAT Practice and Procedure – Estoppel EAT Practice and Procedure – Estoppel or Abuse of Process. . . See Also – Deman … Continue reading Deman v Association of University Teachers: EAT 7 Oct 2003

Deman v The Association of University Teachers and Others: EAT 2 Jul 2003

EAT Practice and Procedure – Estoppel EAT Practice and Procedure – Estoppel or Abuse of Process. Judges: Mr Recorder Luba QC Citations: [2003] EAT 0266 – 03 – 0207, [2003] UKEAT 0266 – 03 – 0207, EAT/142/03, EAT/266/03 Links: Bailii, Bailii, EAT Citing: Cited – King v Great Britain China Centre CA 1991 The court … Continue reading Deman v The Association of University Teachers and Others: EAT 2 Jul 2003

Deman v Association of University Teachers: CA 14 Mar 2003

The appellant challenged dismissal of his claim for race discrimination. In the midst of a dispute with the employer University. He was dissatisfied with the support given by his union. He was refused legal assistance save through a firm of lawyers who acted for the union. Held: the Tribunal were obliged to give a clear … Continue reading Deman v Association of University Teachers: CA 14 Mar 2003

In re P (a minor by his mother and litigation friend); P v National Association of Schoolmasters/Union of Women Teachers: HL 27 Feb 2003

The pupil had been excluded from school but then ordered to be re-instated. The teachers, through their union, refused to teach him claiming that he was disruptive. The claimant appealed a refusal of an injunction. The injunction had been refused on the basis that this was an employment dispute. The union had failed successfully to … Continue reading In re P (a minor by his mother and litigation friend); P v National Association of Schoolmasters/Union of Women Teachers: HL 27 Feb 2003

P v National Association of School Masters/Union of Women Teachers: CA 25 May 2001

Industrial action taken by teachers refusing to teach a disruptive pupil was related to their terms and conditions of employment. Encouragement to take such action by the teachers’ union made the union responsible for such action. The breach related to a refusal to comply with the employer’s requests as to the manner and circumstances of … Continue reading P v National Association of School Masters/Union of Women Teachers: CA 25 May 2001

Association of University Teachers v University of Newcastle-upon-Tyne: EAT 1987

The Employment Appeal Tribunal held that the definition of ‘being redundant’ in the 1992 Act covered the lack of further funding for the post of a lecturer employed under an Limited Term Contract and so the consultation duty should have been observed when the contract was not renewed. Citations: [1987] ICR 317 Statutes: Trade Union … Continue reading Association of University Teachers v University of Newcastle-upon-Tyne: EAT 1987

Deman v Association of University Teachers and others: EAT 5 Feb 2002

EAT Race Discrimination – Inferring Discrimination EAT Race Discrimination – Inferring discrimination. Judges: The Honourable Mr Justice Lindsay (P) Citations: EAT/746/99 Links: EAT Jurisdiction: England and Wales Citing: See Also – John Hardie v the City of Edinburgh Council for Judicial Review of A Decision To Remove the Petitioner From the List of Supply Teachers … Continue reading Deman v Association of University Teachers and others: EAT 5 Feb 2002

P v National Association of School Masters/Union of Women Teachers: QBD 3 May 2001

Action taken by teachers to refuse to teach a disruptive pupil was in the nature of industrial action. Encouragement to take such action by the teachers’ union made the union responsible for such action. The breach related to a refusal to comply with the employer’s requests as to the manner and circumstances of performance of … Continue reading P v National Association of School Masters/Union of Women Teachers: QBD 3 May 2001

Regina v Secretary of State for Education and Employment, Ex Parte National Union of Teachers: QBD 8 Aug 2000

The general power of the Secretary of State to promote education did not extend to provision for the terms and conditions of teachers’ employment or establishing systems for the payment of higher rates of pay to teachers meeting performance standards. Reference to Parliament was necessary. The Secretary of State had not followed consultation procedures set … Continue reading Regina v Secretary of State for Education and Employment, Ex Parte National Union of Teachers: QBD 8 Aug 2000

NN (Teachers: Matabeleland/Bulawayo: Risk) Zimbabwe CG: UTIAC 14 May 2013

UTIAC The ‘geographical filter’ identified in EM and Others (Returnees) Zimbabwe CG [2011] UKUT 98 (IAC) and confirmed more recently in CM (EM country guidance; disclosure) Zimbabwe CG [2013] UKUT 59 (IAC) is equally applicable to teachers. Thus, a teacher will generally not face a heightened risk on return to Zimbabwe, on account of his … Continue reading NN (Teachers: Matabeleland/Bulawayo: Risk) Zimbabwe CG: UTIAC 14 May 2013

Woodland v The Swimming Teachers’ Association and Others: QBD 17 Oct 2011

The court was asked as to the vicarious or other liability of a school where a pupil suffered injury at a swimming lesson with a non-employee during school time, and in particular whether it had a non-delegable duty to ensure the welfare of children during school time. The pool supervision wasthrough employees of a company … Continue reading Woodland v The Swimming Teachers’ Association and Others: QBD 17 Oct 2011

General Teaching Council Northern Ireland (Education): ICO 23 Nov 2021

In a multi-part request, the complainant requested information from the General Teaching Council Northern Ireland (GTCNI) relating to its Publication Scheme, meetings, minutes of meetings, procedures and its handling of complaints/referrals about teachers. The complainant also requested further, related, information in a subsequent request. GTCNI ultimately provided some information but withheld the remainder citing sections … Continue reading General Teaching Council Northern Ireland (Education): ICO 23 Nov 2021

Dyer v Munday; Morris v Martin: CA 1895

The defendant, a hire purchase furniture dealer, sent his manager to recover back some furniture hired to X and upon which several instalments were unpaid. X had pledged the furniture to his landlord as security for his rent, and the landlord’s wife sought to prevent the manager from removing the furniture. The manager assaulted her … Continue reading Dyer v Munday; Morris v Martin: CA 1895

Williams v A and W Hemphill Ltd: HL 1966

Against his employer’s instructions, a driver of a lorry deviated substantially from his route. On the detour, an accident occurred owing to the fault of the driver. The question arose whether the employers of the lorry driver were vicariously liable. Held: Lord Pearson said: ‘Had the driver in the present case been driving a lorry … Continue reading Williams v A and W Hemphill Ltd: HL 1966

Watts v Monmouthshire County Council and Another: 1968

The Plaintiff, a teacher had had a number of accidents at school and applied for and was granted a short service gratuity from the Ministry of Education being agreed to be permanently incapable of serving efficiently as a teacher of the appropriate kind. The employer did not give him any notice of dismissal. Held: Under … Continue reading Watts v Monmouthshire County Council and Another: 1968

Suryananda, Regina (on the Application of) v The Welsh Ministers: Admn 16 Jul 2007

The claimants, trustees of a Hindu temple, sought judicial review of a decision that a bullock in their temple should be slaughtered having positively reacted to a test for bovine tuberculosis bacterium. They said that the animal posed no threat since it was isolated from other anmals and was sacrosanct to them. Held: The article … Continue reading Suryananda, Regina (on the Application of) v The Welsh Ministers: Admn 16 Jul 2007

Dubai Aluminium Company Limited v Salaam and Others: HL 5 Dec 2002

Partners Liable for Dishonest Act of Solicitor A solicitor had been alleged to have acted dishonestly, having assisted in a fraudulent breach of trust by drafting certain documents. Contributions to the damages were sought from his partners. Held: The acts complained of were so close to the activities which a solicitor would normally undertake, that … Continue reading Dubai Aluminium Company Limited v Salaam and Others: HL 5 Dec 2002

Cercato-Gouveia v Kiprianou and Another: CA 17 Jul 2001

Application for permission to appeal. Granted. An employer might be vicariously liable to one employee for the acts of another employee to whom he had delegated some of his duties to the claimant employee. Judges: May LJ Citations: [2001] EWCA Civ 1203 Links: Bailii Jurisdiction: England and Wales Citing: Cited – Lister and Others v … Continue reading Cercato-Gouveia v Kiprianou and Another: CA 17 Jul 2001

Milton Parkins v Mayor and Burgesses of London Borough of Westminster: CA 23 Jul 1997

Application for leave to appeal – possession order – whether letting to probationary teacher was an assured tenancy – leave granted. Citations: [1997] EWCA Civ 2170 Jurisdiction: England and Wales Citing: Full Appeal – Parkins v City of Westminster CA 20-Nov-1997 The council granted what it called a licence to the applicant. He was one … Continue reading Milton Parkins v Mayor and Burgesses of London Borough of Westminster: CA 23 Jul 1997

Armstrong and others v Newcastle Upon Tyne NHS Hospital Trust: CA 21 Dec 2005

The claimants claimed equal pay, asserting use of particular comparators. The Trust said that there was a genuine material factor justifying the difference in pay. Held: To constitute a single source for the purpose of article 141, it is not enough for the non-RVI claimants to show that they have the same employer as the … Continue reading Armstrong and others v Newcastle Upon Tyne NHS Hospital Trust: CA 21 Dec 2005

Hooper and Others, Regina (on the Application of) v Secretary of State for Work and Pensions: CA 18 Jun 2003

The appellants were widowers whose wives had died at a time when the benefits a widow would have received were denied to widowers. The legislation had since changed but they variously sought compensation for the unpaid sums. Held: The appeal succeeded. By 1995 discrimination as to pensions was no longer supportable. And those appellants pursuing … Continue reading Hooper and Others, Regina (on the Application of) v Secretary of State for Work and Pensions: CA 18 Jun 2003

Parkhall Integrated College (Decision Notice): ICO 29 Jun 2011

The complainant requested information relating to numbers of pupils and teachers of different religious denominations at Parkhall Integrated College. Parkhall College refused to disclose some of that information under section 40(2) by virtue of section 40(3) (a) and (b) of the Act as it comprised sensitive personal data, disclosure of which would be unfair. The … Continue reading Parkhall Integrated College (Decision Notice): ICO 29 Jun 2011

Department for Education (Central Government): ICO 1 May 2020

The complainant has requested the audio recording of a Professional Conduct Panel hearing into a case against five teachers. The request was refused by the Department for Education (the DfE) under section 40(2), 31(2) and 14 of the FOIA. The Commissioner’s decision is that the public authority has correctly applied the section 40(2) exemption to … Continue reading Department for Education (Central Government): ICO 1 May 2020

Church of the New Faith v Commissioner of Pay-Roll Tax (Victoria): 27 Oct 1983

(High Court of Australia) Meaning of religion – scientology church application for tax exemption. The trend is towards a ‘newer, more expansive, reading’ of religion. However ‘Religious conviction is not a solvent of legal obligation.’High Court of Australia – (Victoria) The Court referred to which ‘ . . seek to explain, in terms of a … Continue reading Church of the New Faith v Commissioner of Pay-Roll Tax (Victoria): 27 Oct 1983

Christian Education South Africa v Minister of Education: 18 Aug 2000

(Constitutional Court of South Africa) The court considered a ban on corporal punishment in schools in a religious context: ‘Though there might be special problems attendant on undertaking the limitations analysis in respect of religious practices, the standard to be applied is the nuanced and contextual one required by s36 and not the rigid one … Continue reading Christian Education South Africa v Minister of Education: 18 Aug 2000

Wrightson v AOC International Limited: 20 Oct 1995

A preliminary proof was allowed before answer on the matters raised by the parties under section 19A as he considered that there should be an inquiry into specific material facts on which the parties were not agreed. These related to the pursuer’s prospects of success against his former English solicitors or counsel and his former … Continue reading Wrightson v AOC International Limited: 20 Oct 1995

Governing Body of Alderman Davies Church In Wales Primary School (Education): ICO 18 Dec 2019

The complainant requested details relating to the costs of two employment tribunal cases involving teachers at Alderman Davies Church in Wales Primary School (‘the School’). The School provided some information and stated other information was not held. The Commissioner’s decision is that, on the balance of probabilities the School does not hold information about the … Continue reading Governing Body of Alderman Davies Church In Wales Primary School (Education): ICO 18 Dec 2019

Foulkes v Metropolitan District Railway Co: 1880

The court considered the liability of a railway company where the plaintiff had bought his ticket from one railway company, but claimed liability from another which had undertaken responsibility for part of the services to be rendered to the plaintiff under the contract evidenced by the ticket. Citations: (1880) 5 CPD 157 Jurisdiction: England and … Continue reading Foulkes v Metropolitan District Railway Co: 1880

Kilboy v South Eastern Fire Area Joint Committee: 1952

The court discussed the rule of respondeat superior: ‘What was once presented as a legal principle has degenerated into a rule of expediency, imperfectly defined, and changing its shape before our eyes under the impact of changing social and political conditions’. Judges: Lord President (Cooper) Citations: 1952 SC 280 Jurisdiction: Scotland Cited by: Cited – … Continue reading Kilboy v South Eastern Fire Area Joint Committee: 1952

ST v North Yorkshire County Council: CA 14 Jul 1998

The court considered the liability of the respondent for sexual assaults committed by an employee teacher when taking students on school trips. Held: The Local Authority was not vicariously liable for sexual assault committed by employee teacher on mentally disabled child whilst on school trip to Spain. Such an assault was not a case of … Continue reading ST v North Yorkshire County Council: CA 14 Jul 1998

Davie v New Merton Board Mills Ltd: HL 1959

The employer provided an employee with a simple metal tool, a drift, with no apparent defect, which had, in fact, been manufactured to excessive hardness, as the result of negligent heat treatment by the otherwise reputable manufacturer. That was a defect not discoverable, other than by testing of a kind which an employer could not … Continue reading Davie v New Merton Board Mills Ltd: HL 1959

Birmingham City Council v Afsar and Others: QBD 8 Apr 2020

Post judgment applications raising issues about whether one of the injunctions contained in the Annex to the Final Order should be continued, whether two others should be varied, and whether the Trial Judgment should be amended. Judges: Warby J Citations: [2020] EWHC 864 (QB) Links: Bailii Jurisdiction: England and Wales Citing: See Also – Birmingham … Continue reading Birmingham City Council v Afsar and Others: QBD 8 Apr 2020

Regina v Chief Rabbi of the United Hebrew Congregations of Great Britain and the Commonwealth, Ex parte Wachmann: 1992

A local rabbi sought judicial review of the declaration of the Chief Rabbi, following an investigation into allegations of adultery with members of his congregation, that he was religiously and morally unfit to occupy his position. Held: Simon Brown J said: ‘Mr Beloff invites my attention to certain passages in the judgments of the Court … Continue reading Regina v Chief Rabbi of the United Hebrew Congregations of Great Britain and the Commonwealth, Ex parte Wachmann: 1992

Department for Education (Central Government): ICO 10 Jul 2018

The complainant has requested information relating to the ‘Trojan Horse’ case. The DfE disclosed the number of teachers and governors that have faced conduct panel hearings but refused to disclose the legal costs incurred under section 36(2)(c) and 43 of the FOIA. It also refused to disclose details of any claims for compensation, damages and … Continue reading Department for Education (Central Government): ICO 10 Jul 2018

Department for Education (Central Government): ICO 22 Mar 2017

The complainant has requested the spellings used in the literacy test taken by prospective trainee teachers over a 12 month period. He asked for each spelling and data showing which were mostly misspelt and which were mostly spelt correctly. For each of the spellings mostly misspelt he required the absolute number of candidates and percentage … Continue reading Department for Education (Central Government): ICO 22 Mar 2017

Doogan and Another v NHS Greater Glasgow and Clyde Health Board: SCS 24 Apr 2013

(Extra Division, Inner House) The reclaimers, Roman Catholic midwives working on a labour ward as co-ordinators, sought to assert a right of conscientious objection under the 1967 Act. The respondents said that only those directly involved in the termination of a pregnancy could assert such a right. Held: The midwives’ appeal succeeded. The Act set … Continue reading Doogan and Another v NHS Greater Glasgow and Clyde Health Board: SCS 24 Apr 2013

Educational World Limited (T/A Winston House Preparatory School) v Wharton: EAT 6 Nov 2012

EAT Contract of Employment : Implied Term or Variation or Construction of TermThe Employment Judge was wrong to construe a teacher’s contract of employment by importing practice from public sector teachers’ contracts when the relevant contractual terms were clear that the School term ended on 8 July 2011 and not (as the Claimant contended) 31 … Continue reading Educational World Limited (T/A Winston House Preparatory School) v Wharton: EAT 6 Nov 2012

Wilson v Governors of Sacred Heart Roman Catholic School: CA 5 Nov 1997

A nine year old pupil was injured by a fellow pupil whirling an anorak around his head. The accident occurred when they were on their way from the school buildings to the school gates at the end of school day. There was no member of staff on duty to supervise the passage of pupils on … Continue reading Wilson v Governors of Sacred Heart Roman Catholic School: CA 5 Nov 1997

X County Council and Another v D and Another: EAT 23 Oct 2012

EAT Unfair Dismissal : Reasonableness of Dismissal – Unfair dismissal. Drama teachers dismissed in relation to permitting GCSE students to stage a performance depicting sexual abuse including rape, sexual intercourse, sexual assault, oral sex, masturbation, and group sex. Tribunal’s finding of unfair dismissal held to be perverse; the Tribunal had, in finding that employers should … Continue reading X County Council and Another v D and Another: EAT 23 Oct 2012

Barrett v London Borough of Enfield: CA 25 Mar 1997

A Local Authority is only vicariously liable for the negligence of a social worker to a child in care. Judges: The Master Of The Rolls (Lord Woolf) Lord Justice Evans Lord Justice Schiemann Citations: Times 22-Apr-1997, [1999] 3 WLR 79, [1997] EWCA Civ 1330 Jurisdiction: England and Wales Citing: Cited – X (Minors) v Bedfordshire … Continue reading Barrett v London Borough of Enfield: CA 25 Mar 1997

Universitatea ‘Lucian Blaga’ Sibiu and Others (Judgment): ECJ 8 Oct 2020

Reference for a preliminary ruling – Social policy – Directive 2000/78 / EC – Equal treatment in matters of employment and occupation – Articles 1, 2 and 3 – Directive 1999/70 / EC – CES, UNICE and CEEP framework agreement on fixed-term work – Clause 4 – Principle of non-discrimination – Measure adopted by a … Continue reading Universitatea ‘Lucian Blaga’ Sibiu and Others (Judgment): ECJ 8 Oct 2020

Z And Others v The United Kingdom: ECHR 10 May 2001

Four children complained that, for years before they were taken into care by the local authority, its social services department was well aware that they were living in filthy conditions and suffering ‘appalling’ neglect in the home of their parents. Suspicions of abuse had arisen in 1987, but they were given effective support only in … Continue reading Z And Others v The United Kingdom: ECHR 10 May 2001

Georgiev v Tehnicheski universitet – Sofia, filial Plovdiv: ECJ 18 Nov 2010

ECJ Directive 2000/78/EC – Article 6(1) – Prohibition of discrimination on grounds of age – University lecturers – National provision providing for the conclusion of fixed-term employment contracts beyond the age of 65 – Compulsory retirement at the age of 68 – Justification for differences in treatment on grounds of age. Judges: Cunha Rodrigues P … Continue reading Georgiev v Tehnicheski universitet – Sofia, filial Plovdiv: ECJ 18 Nov 2010

London Underground Ltd v National Union of Railwaymen, Maritime and Transport Workers (NURMT): CA 9 Oct 1995

A Union’s immunity from action was not lost where employees who had joined the company after the strike ballot had been completed, were encouraged by the union to join in the strike. The constituency defined in section 227(1) must include all members whom it is reasonable for the union to believe will be induced to … Continue reading London Underground Ltd v National Union of Railwaymen, Maritime and Transport Workers (NURMT): CA 9 Oct 1995

Regina v Dorset County Council; Christmas v Hampshire County Council; Keating v Bromley London Borough Council: CA 4 May 1994

An Education Authority may be sued for a negligent failure to assess and provide for a child’s special educational needs. Citations: Independent 04-May-1994, [1998] ELR 1 Statutes: Education Act 1981 Jurisdiction: England and Wales Cited by: Cited – David Lannigan v Glasgow City Council OHCS 12-Aug-2004 The pursuer said the teachers employed by the defendant … Continue reading Regina v Dorset County Council; Christmas v Hampshire County Council; Keating v Bromley London Borough Council: CA 4 May 1994

Department for Education (Central Government): ICO 1 Oct 2020

The complainant has requested the Department for Education (DfE) to disclose the analysis conducted of each education sector in connection with the proposal to increase funding to teachers’ pensions employer contributions. Initially, the DfE refused to disclose the information under section 40 of the FOIA. Later the DfE applied section 35(1)(a) of the FOIA. During … Continue reading Department for Education (Central Government): ICO 1 Oct 2020

Central Bedfordshire Council (Local Government): ICO 30 Mar 2021

The complainant has requested copies of governing bodies and head teachers’ responses to a consultation run by the council relating to its ‘Schools for the Future’ project. The council provided some information but refused to provide the majority on the basis that section 41 of the Act applied (information provided in confidence). In the internal … Continue reading Central Bedfordshire Council (Local Government): ICO 30 Mar 2021

Smith and Grady v The United Kingdom: ECHR 27 Sep 1999

The United Kingdom’s ban on homosexuals within the armed forces was a breach of the applicants’ right to respect for their private and family life. Applicants had also been denied an effective remedy under the Convention. The investigations into private lives and sexual activity were intrusive, and given the excessive consequences following, were also striking … Continue reading Smith and Grady v The United Kingdom: ECHR 27 Sep 1999

Young, James and Webster v The United Kingdom: ECHR 13 Aug 1981

Employees claimed religious objections to being obliged to members of a Trades Union. Held: It is the obligation of states which have ratified the Convention to secure to everyone within their jurisdiction the rights and freedoms which it protects. Judges: Wiarda P Citations: 7806/77, 7601/76, (1981) 4 EHRR 38, [1981] ECHR 4 Links: Worldlii, Bailii … Continue reading Young, James and Webster v The United Kingdom: ECHR 13 Aug 1981

Flintshire County Council and Others v Moore (Deceased) and Another: EAT 15 Sep 2011

EAT Unfair Dismissal : Reasonableness of DismissalPolkey deductionThe Employment Tribunal were entitled to find that the procedure adopted by the school authorities for selecting two teachers for redundancy was unfair, because they had left an inadequate time for effective consultation, and adopted criteria which unfairly discriminated against the Claimants. The decision was upheld save that … Continue reading Flintshire County Council and Others v Moore (Deceased) and Another: EAT 15 Sep 2011

Watkins-Singh, Regina (on the Application of) v The Governing Body of Aberdare Girls’ High School and Another: Admn 29 Jul 2008

Miss Singh challenged her school’s policy which operated to prevent her wearing while at school a steel bangle, a Kara. She said this was part of her religion as a Sikh. Held: Earlier comparable applications had been made under human rights law, but this was under the 1976 Act. The evidence established that the Sikh … Continue reading Watkins-Singh, Regina (on the Application of) v The Governing Body of Aberdare Girls’ High School and Another: Admn 29 Jul 2008

KLB v British Columbia: 2 Oct 2003

Canlii (Supreme Court of Canada) Torts – Liability – Intentional torts – Abuse of children by foster parents – Whether government can be held liable for harm children suffered in foster care – Whether government negligent – Whether government vicariously liable for torts of foster parents – Whether government liable for breach of non-delegable duty … Continue reading KLB v British Columbia: 2 Oct 2003

Ward v Scotrail Railways Limited: SCS 27 Nov 1998

The claimant sought damages from the defender, saying that a co-worker had sexually harrassed her. The behaviour continued after she made a complaint to her employer. Held: It was conceded that the employee’s conduct was not such as to attract a vicarious liability, but in the circumstances the employee was indulging in an unrelated and … Continue reading Ward v Scotrail Railways Limited: SCS 27 Nov 1998

Commission v United Kingdom (Law Governing The Institutions): ECJ 7 Jul 2011

ECJ Promotion and retirement rights of teachers seconded or assigned by a Member State to the European Schools – Freezing of remuneration during secondment or assignment – Interpretation and application of Articles 12(4)(a) and 25(1) of the Convention defining the Statute of the European Schools – Arbitration clause. Citations: C-545/09, [2011] EUECJ C-545/09, [2012] EUECJ … Continue reading Commission v United Kingdom (Law Governing The Institutions): ECJ 7 Jul 2011

Morris v C W Martin and Sons Ltd: CA 1965

The plaintiff took her mink stole to the defendants for cleaning. An employee received and stole the fur. The judge had held that the defendants were not liable because the theft was not committed in the course of employment. Held: The defendants were liable. Bailment includes as an element an assumption of responsibility by the … Continue reading Morris v C W Martin and Sons Ltd: CA 1965

Port Swettenham Authority v T W Wu and Co (M) Sdn Bhd: PC 19 Jun 1978

A gratuitous bailee assumes a duty to take reasonable care of the chattel: ‘This standard, although high, may be a less exacting standard than that which the common law requires of a bailee for reward [but] the line between the two standards is a very fine line, difficult to discern and impossible to define.’‘When, a … Continue reading Port Swettenham Authority v T W Wu and Co (M) Sdn Bhd: PC 19 Jun 1978

Carmarthenshire County Council v Lewis: HL 17 Feb 1955

The House considered the unexplained fact that in the temporary absence of the teacher (who, on the evidence, was not negligent) it was possible for a child of four to wander from the school premises onto the highway, through a gate which was either open or very easy for him to open, was held to … Continue reading Carmarthenshire County Council v Lewis: HL 17 Feb 1955

Express Newspapers Ltd v McShane: HL 1980

There had been a dispute over pay between the proprietors of local newspapers and journalists employed by them, the majority of whom were members of a trade union, the NUJ. Strike action was taken against the local newspapers. Those newspapers received news copy from the Press Association, a London based news agency staffed by journalists. … Continue reading Express Newspapers Ltd v McShane: HL 1980

Forge Care Homes Ltd and Others, Regina (on The Application of) v Cardiff and Vale University Health Board and Others: SC 2 Aug 2017

The court was asked who is legally responsible for paying for the work done by registered nurses in social rather than health care settings. Is the National Health Service responsible for all the work they do or are the social care funders responsible for at least some of it? The local authorities now appealed. The … Continue reading Forge Care Homes Ltd and Others, Regina (on The Application of) v Cardiff and Vale University Health Board and Others: SC 2 Aug 2017

Hall and Another v Bull and Another: Misc 4 Jan 2011

(Bristol County Court) The claimants, homosexual partners in a civil partnership, sought damages after being refused a stay at the bed and breakfast hotel operated by the defendants, who said that this was their home, and that they were committed Christians. Held: The claim succeeded. Rutherford J said: ‘The defendants’ right to have their private … Continue reading Hall and Another v Bull and Another: Misc 4 Jan 2011

Dumfries and Galloway Council v Carroll: EAT 7 Aug 2019

Regulation 4 of the Requirements for Teachers (Scotland) Regulations 2005 (‘the 2005 Regulations’), provides that a local education authority can employ only registered teachers. The issue in this appeal (brought by the local education authority) is whether the term ‘registered teacher’ in that provision simply means a teacher whose details have been entered on to … Continue reading Dumfries and Galloway Council v Carroll: EAT 7 Aug 2019

M v Calderdale and Kirklees Health Authority: 1998

(Huddersfield County Court) Judges: Garner J Citations: [1998] Lloyd’s Rep Med 157 Jurisdiction: England and Wales Cited by: Disapproved – A v Ministry of Defence; Re A (A Child) CA 7-May-2004 The wife of a British Army soldier serving in Germany delivered a premature baby, ‘A’, with a German obstetrician in a German hospital. A … Continue reading M v Calderdale and Kirklees Health Authority: 1998

A v Ministry of Defence; Re A (A Child): CA 7 May 2004

The wife of a British Army soldier serving in Germany delivered a premature baby, ‘A’, with a German obstetrician in a German hospital. A suffered brain damage in the birth as a result of the obstetrician’s negligence. The mother claimed against the MoD and the English NHS Trust which had contracted with the MoD to … Continue reading A v Ministry of Defence; Re A (A Child): CA 7 May 2004

Various Claimants v The Catholic Child Welfare Society and Others: CA 26 Oct 2010

Child sexual abuse was alleged by 150 claimants against staff members of a community home with teachers supplied by the defendants. The court had asked whether they had vicarious liability for the acts of their staff, and now whether the board of trustees of the school itself had liability, and whether in the transfer to … Continue reading Various Claimants v The Catholic Child Welfare Society and Others: CA 26 Oct 2010

Georgiev v Tehnicheski universitet – Sofia, filial Plovdiv: ECJ 2 Sep 2010

ECJ Social policy – Equal treatment in employment and occupation – employment contract term for the university professors who have attained the age of 65 – Setting the final retirement age for teachers University at age 68 – Justification of differences of treatment based on age. Citations: C-268/09, [2010] EUECJ C-268/09 Links: Bailii Cited by: … Continue reading Georgiev v Tehnicheski universitet – Sofia, filial Plovdiv: ECJ 2 Sep 2010

Garforth Community College (Decision Notice): ICO 22 Nov 2006

ICO The complainant requested information relating to bullying complaints at the College and also information about 3 teachers at the College. The College stated that it did not hold information relating to bullying complaints and refused to provide information requested about 3 teachers on the grounds that disclosure would contravene the requirements of the Data … Continue reading Garforth Community College (Decision Notice): ICO 22 Nov 2006

Nelson v Carillion Services Ltd: CA 15 Apr 2003

The appellant challenged dismissal of her claim for equal pay. It had been rejected on the ground that the employer had shown a material factor justifying the difference in pay. Held: Enderby establishes that the burden of proving sex discrimination lies initially on the employee. The burden of proof in indirect discrimination cases should be … Continue reading Nelson v Carillion Services Ltd: CA 15 Apr 2003

WM Morrison Supermarkets Plc v Various Claimants: SC 1 Apr 2020

A disgruntled senior employee had divulged on the internet personal details of several thousand employees. The claimants alleged that that had been a breach of the 1998 Act, and that the appellants were vicariously liable for that wrong. Held: The appeal by Morrisons was allowed. The close connection test was answered by looking at what … Continue reading WM Morrison Supermarkets Plc v Various Claimants: SC 1 Apr 2020

Ingenieurburo Eulitz GbR Thomas und Marion Eulitz v Finanzamt Dresden I: ECJ 28 Jan 2010

ECJ Sixth VAT Directive – Article 13A(1)(j) – Exemption – Tuition given privately by teachers and covering school or university education – Services provided by an independent teacher in the context of continuing professional training courses organised by a separate entity. Judges: Cunha Rodrigues P Citations: C-473/08, [2010] EUECJ C-473/08 Links: Bailii European, VAT Updated: … Continue reading Ingenieurburo Eulitz GbR Thomas und Marion Eulitz v Finanzamt Dresden I: ECJ 28 Jan 2010

Caistor Grammar School (Education): ICO 29 Oct 2019

The complainant has requested information about the number of students who achieved particular grades in a particular subject, when taught by particular teachers across five years. Caistor Grammar School (‘the School’) initially categorised the request as vexatious under section 14(1) of the FOIA. The School subsequently complied with the request, indicating that it does not … Continue reading Caistor Grammar School (Education): ICO 29 Oct 2019

G, Regina (on the Application of) v Nottinghamshire Healthcare NHS Trust: Admn 20 May 2008

The applicants were detained at Rampton. The form of detention denied the access to space in which they would be able to smoke cigarettes to comply with the law. Held: The claim failed. The legislative objectives were sufficiently serious to support as rational the imposition of the rules. Having a mental illness is not a … Continue reading G, Regina (on the Application of) v Nottinghamshire Healthcare NHS Trust: Admn 20 May 2008