Warner v B and M Europe Ltd: EAT 13 Jul 2016

EAT Practice and Procedure: Review – Human Rights – In the B and M appeal (UKEAT/0139/16/RN) the Employment Judge was entitled to dismiss a reconsideration application by the Claimant on the basis (a) that, as a matter of fact, the Claimant’s representative was aware of the reconsideration (telephone) hearing but failed to take part and (b) because there was no real prospect of the original decision striking out the sections 111 and 112 Equality Act 2010 claim against B and M being altered.
In the EPO appeal (UKEAT/0081/15/RN) the Employment Judge was right to confirm his earlier decision that the immunity granted by the EPO, etc Order 1978 was not incompatible with Article 6 ECHR, alternatively Article 6 was not engaged since Article 5(1) of the 1978 Order gave effect to the UK’s international law obligations (cf Benkharbouche [2015] IRLR 301 CA).

Peter Clark HHJ
[2016] UKEAT 0081 – 15 – 1307
Bailii
England and Wales

Employment

Updated: 19 January 2022; Ref: scu.566916