Case Summaries Up To August 2008
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By Law Brief Publishing on 29/08/2008 00:00
A sentence of 6 years' imprisonment imposed for attempting to kidnap was not manifestly excessive given the violent nature of the offence.
By Euan A. Dow on 28/08/2008 17:46
This was an appeal under section 21 of the Education (Additional Support for Learning) (Scotland) Act 2004 against a decision of an Additional Support Needs Tribunal dated 16 January 2008 confirming a decision of the respondents dated 8 October 2007 that WA did not require a Co-ordinated Support Plan. On 8 October, the respondents wrote to the appellant and stated:- "The Educational Authority considered whether a Co-ordinated Support Plan was required.It was agreed at this meeting that WA did ha ...
By Daniel Gorry on 28/08/2008 14:17
Unfair Dismissal - Reason for dismissal including substantial other reason Appeal on grounds that Tribunal had no evidence in front of it to make the findings that it did. EAT held the Employment Tribunal did not err in upholding the employee’s automatically unfair dismissal claim, yet awarding him no compensation as dismissal was inevitable. Nor did it err in dismissing his ordinary unfair dismissal claim or in rejecting his race discrimination claim.
By Fiona Davidson on 28/08/2008 07:51
A colour-blind graduate whose application to join the police was turned down because he suffers from colour vision abnormality has won the right to claim sex discrimination at an employment tribunal. Robin Dixon (26) has already lost a disability discrimination claim against Strathclyde Police because of his colour blindness. But now, following a preliminary hearing, he has won the right to fight his case again, this time on the grounds of sex discrimination. The Glasgow tribunal rule ...
By Fiona Davidson on 28/08/2008 06:40
A 16-year-old boy who didn’t show up for a job interview because he couldn’t find his way to the company’s office, has had his age discrimination claim rejected by an Employment Tribunal in Glasgow. In their written judgement, the Tribunal ruled that Darren Mirren had not been offered a job with Spotless Commercial Cleaning because he failed to turn up for an interview, not because of his age. At the Hearing earlier this month (August), it was learned that the teenager&# ...
By Fiona Davidson on 28/08/2008 04:58
A worker with a debt collection agency who claimed he was harassed because of his age has been awarded almost £400 compensation for injury to his feelings by an employment tribunal.Joe McGee (62), who was a debt recovery operator with Wescot Credit Services Ltd, complained of age discrimination under the Employment Equality (Age) Regulations after his line manager William Fox noted ''Ambition is not a motivation for Joe (due to age)'' following a performance review. It is one of the first c ...
By Law Brief Publishing on 28/08/2008 00:00
Lawyers: A firm of solicitors, retained to act for the wife of one of its partners, will be vicariously liable for any omission to provide legal advice even where that advice was to be provided by the husband who, as it subsequently emerged, had been concealing his true financial affairs from his wife and his firm. In the absence of any suspicion of undue influence it would have been sufficient for the firm to provide such advice in writing. There was no need to have a face to face meeting. Wher ...
By Law Brief Publishing on 28/08/2008 00:00
The FSA fined this mortgage broker £63,000 after finindg the firm failed to ensure it gave suitable advice, and did not communicate accurate informations about mortgage charges to its customers.
By Catherine Hart on 27/08/2008 16:53
This decision concerned the issue of expenses following the Sheriff’s decision on 23 April 2008 (see Casecheck summary). The First Defenders sought the expenses of the action against the Pursuers on an agent/client basis, rather than a party/party basis, arguing that the conduct of the litigation was such that expenses should not be restricted to the judicial scale. They put forward a number of arguments in support of this motion. It was submitted that the Defenders had ...
By Stephen Moore on 27/08/2008 16:17
The Employment Appeal Tribunal has found that where an employee of French nationality worked for a French registered company in Paris for 3 years followed by a further 2 years in London and alleged a course of sex discrimination extending across the whole 5 year period, the Employment Tribunal in the UK ought not to have heard the aspects of the claim relating to the French employment. The Sex Discrimination Act 1975 provides that it is unlawful for an employer to discriminate against a woma ...
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