The appellant challenged refusal of his claim for unfair dismissal. A probation officer, he had business interests in fire breathing and bondage merchandising which the service said were incompatible with his duties, and dismissed him. He complained that this infringed his right to freedom of expression.
Held: A public authority had to respect an employee’s human rights, including the right of free expression, and would be acting unreasonably in unfair dismissal terms if its actions infringed those rights. However in this case, the tribunal had made no error of law in finding no infringement of those rights in the Service’s actions.
McMullen QC J
EAT/1224/02, [2003] EAT 1224 – 02 – 2910, Times 27-Nov-2003, [2003] UKEAT 1224 – 02 – 2910, [2004] IRLR 129, [2004] ICR 187
Bailii, Bailii, EATn
England and Wales
Citing:
Distinguished – British Home Stores Ltd v Burchell EAT 1978
B had been dismissed for allegedly being involved with a number of other employees in acts of dishonesty relating to staff purchases. She had denied the abuse. The tribunal had found the dismissal unfair in the methods used to decide to dismiss her. . .
Cited – Niemietz v Germany ECHR 16-Dec-1992
A lawyer complained that a search of his offices was an interference with his private life.
Held: In construing the term ‘private life’, ‘it would be too restrictive to limit the notion of an ‘inner circle’ in which the individual may live his . .
Doubted – Notts County Council v Bowley 1978
The public employee had been cautioned for gross indecency, and dismissed for a subsequent conviction.
Held: The dismissal was fair. . .
Doubted – Wiseman v Salford City Council 1981
A public employee’s dismissal after a finding of gross indecency was found to have been fair. The applicant had been employed on a job which brought him into contact with young children. . .
Cited – Polkey v A E Dayton Services Limited HL 19-Nov-1987
Mr Polkey was employed as a driver. The company decided to replace four van drivers with two van salesmen and a representative. Mr Polkey and two other van drivers were made redundant. Without warning, he was called in and informed that he had been . .
Cited – Vogt v Germany ECHR 1-Nov-1995
The German courts construed a teacher’s duty of loyalty as absolute and owed equally by every civil servant, regardless of his or her function and rank under national law. Every civil servant, whatever his or her own opinion on the matter, must . .
Cited – X v Y EAT 11-Jun-2003
EAT Unfair Dismissal – Reason for dismissal . .
Doubted – Foley v Post Office; HSBC Bank Plc (Formerly Midland Bank Plc) v Madden CA 31-Jul-2000
When an Employment Tribunal looked at whether a dismissal was reasonable, the test related not to an assessment of what tribunal members would think or do, but rather whether to ask whether the employer’s response was within a ‘band or range of . .
Doubted – Saunders v Scottish National Camps EAT 1980
The claimant was dismissed as the handyman at the Respondent’s children’s camp because he was homosexual. He appealed against rejection of his claim for unfair dismissal.
Held: His appeal failed. If the employer can show that he had a fair . .
Cited – Poplar Housing and Regeneration Community Association Ltd v Donoghue CA 27-Apr-2001
The defendant resisted accelerated possession proceedings brought for rent arrears under his assured shorthold tenancy, by a private housing association who was a successor to a public authority.
Held: Once the human rights issue was raised, . .
Cited – Dudgeon v The United Kingdom ECHR 22-Oct-1981
ECHR (Plenary Court) Legislation in Northern Ireland that criminalised homosexual behaviour which was lawful in the rest of the UK.
Held: There was a violation of article 8, but it was not necessary to . .
Cited – Laskey, Jaggard and Brown v The United Kingdom ECHR 19-Feb-1997
A prosecution for sado-masochist acts was a necessary invasion of privacy to protect health. The Court found no violation where applicants were imprisoned as a result of sado-masochistic activities captured on video tape when police obtained . .
Cited – 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 . .
Cited by:
Cited – Cumbria Probation Board v Collingwood EAT 28-May-2008
EAT DISABILITY DISCRIMINATION
Disability / Disability related discrimination / Reasonable adjustments
JURISDICTIONAL POINTS
>2002 Act and pre-action requirements
The date of disability is . .
Cited – Cumbria Probation Board v Collingwood EAT 28-May-2008
EAT DISABILITY DISCRIMINATION
Disability / Disability related discrimination / Reasonable adjustments
JURISDICTIONAL POINTS
>2002 Act and pre-action requirements
The date of disability is . .
Lists of cited by and citing cases may be incomplete.
Employment, Human Rights
Updated: 13 January 2022; Ref: scu.187854