The claimant had been unfairly dismissed from her position as justices’ clerk. After appeal her additional claims for retirement and other compensation under the 1978 Regulations had been remitted to the Employment tribunal which had reconsidered and acceded to the claim. The Secretary of State appealed, saying that the Tribunal had failed properly to apply Regulations 3(1)(b) and 12(1).
Held: The appeal failed. The Tribunal’s judgement was open to some criticism, but there was no error of law. The claimant’s ’employment was wholly or predominantly devoted to providing such assistance to the holder of the office of justices’ clerk in the performance of the duties of that office so as to entitle her to claim under the Crombie regulations.’
Silber J did not agree with the Tribunal on the use of regulation 7 to construe the expression ‘suitable employment’ in regulation 12: ‘I am unable to derive any assistance from this provision when construing regulation 12 because the opening words of regulation 7(2) explain that its definition of ’employment deemed to be suitable’ is only relevant ‘for the purposes of paragraph (1)(f)(ii)’. Clearly if the draftsman of the Crombie regulations had intended that the provision in regulation 7(2) should be relevant for the understanding and interpretation of the word ‘suitable’ in other provisions such as regulation 12(1) (c) or indeed for any other purpose, it would have been expressly stated or at least it would not have limited its use for the purposes of only paragraph 1(f) (ii).’
Judges:
Silber J
Citations:
[2010] EWHC 73 (Admin)
Links:
Statutes:
Justices of the Peace Act 1949 (Compensation) Regulations 1978 3(1)(b) 12(1)
Citing:
See Also – Secretary of State for Justice v Slee EAT 19-Jul-2007
EAT Unfair Dismissal – Constructive dismissal
Maternity Rights and Parental Leave – Sex discrimination
The Claimant was employed as a Magistrates’ Clerk and she brought successful claims to the . .
See Also – Slee v Secretary of State for Justice (1) Admn 19-Nov-2007
The claimant sought compensation under the Regulations as a result of her dismissal on the re-organisation of the Magistrates Court at Wimbledon from her position as court clerk. The EAT had allowed her claim for unfair dismissal. Her position on . .
Cited – Yeboah v Crofton CA 31-May-2002
The industrial tribunal had made a finding of direct race discrimination. The Employment Appeal Tribunal found the decision perverse, and ordered a rehearing. The applicant appealed that order.
Held: The EAT must be careful not to take . .
Cited by:
Appeal from – Secretary of State for Justice v Slee CA 24-Jan-2011
The claimant had been found to have been unfailry dismissed by respondent, on the termination of her employment as an assistant Clerk to the Justices. The EAT had upheld her claim, but had at first rejected her claim for long-term and retirement . .
Lists of cited by and citing cases may be incomplete.
Legal Professions
Updated: 13 August 2022; Ref: scu.393391
