The Employment Tribunal (‘the ET’) held that (1) section 105 of the Utilities Act 2000 was incompatible with the Convention Rights of the Claimant. The ET held (2) that it was ‘possible’, in accordance with section 3 of the Human Rights Act 1998 , to read section 105 so as to be compatible with the Claimant’s Convention Rights by inserting a new paragraph in section 105(6).
The Respondent appealed only against the second finding.
The Employment Appeal Tribunal (‘EAT’) analysed the statutory context and the Authorities on section of the Human Rights Act 1998 . The EAT decided that the ET erred in law in its approach to the interpretation of section 105. The parties agreed that the EAT should substitute its decision for that of the EAT. The EAT decided that it was not possible to read section 105 so as to be compatible with the Claimant’s Convention Rights, and that that was the only conclusion which it had been open to the ET to reach. The EAT accordingly substituted its Decision for that of the ET
[2018] UKEAT 0044 – 17 – 1012
Bailii
England and Wales
Employment
Updated: 19 November 2021; Ref: scu.631858
