Contract of Employment - Implied Term/Variation/Construction of Term: The claimant was employed as a doctor, working part-time. She then worked in a full-time training capacity which was paid at a lower rate than her previous post. She contended that her terms and conditions specified that she would be paid the full time equivalent of the post which she had just left. The respondent claimed that as she would not have been able to work full-time in the first post even if she had w ...
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Disability Discrimination - Post Employment: The claimant resigned from the Police Force, her resignation only being accepted after several attempts by the respondent to persuade her to stay. Soon after her resignation was accepted, the claimant was diagnosed with depression by her GP. She then indicated she wanted to withdraw her resignation and be reinstated, since she had made a hasty decision in a distressed state of mind brought on by depression. Her request was considered and re ...
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Practice and Procedure - Appellate jurisdiction/Reasons: The Respondent appealed the decision of the ET on the basis that they had set out the arguments and evidence advanced on behalf of the Claimant but failed to set out the arguments and material evidence advanced on behalf of the Respondent. The EAT found, based on the evidence, the ET did not set out a proper evidential basis for the conclusions reached. The Appeal was allowed and the claim was remitted to a ...
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Unfair Dismissal - Reasonableness of dismissal: The Claimant appealed against a decision in the ET that the she had been dismissed fairly in circumstances where she was dismissed on capability grounds but where the panel were unaware that a four-week capability assessment had not been carried out as required. The Appeal was dismissed. The EAT concluded that the material finding by ET at paragraph 79 of their Reasons – that the procedural irregularity was necessary as it wa ...
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Practice and Procedure - Amendment: The claimant became pregnant and made a subsequent request to move to other duties as she feared that her current job involved handling materials that might harm her unborn child. She resigned because she felt that the request was not handled properly by her manager. She did not know his surname but in her ET1 she reserved the right to join him once his full name was disclosed. When his name was given in the ET3, she applied promptly to join h ...
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Religion or Belief Discrimination: The claimant was dismissed by the Police Authority following information from neighbouring forces and his work in the psychic field, which was not compatible with employment in the police force. The Tribunal found his dismissal to be fair, commenting that, although the concerns expressed by the respondent were related to the claimant's beliefs, it was not because he held those beliefs but because of the unacceptable way in which he expressed those be ...
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Unfair Dismissal: The Claimant area sales manager was remunerated on a different basis from the other four area managers. His commission was based on total sales whereas theirs was based on annual increase in sales. On reviewing remuneration the Respondent considered that he should be paid on the same basis as his colleagues and that his remuneration did not reflect the substantial financial investment made by the Respondent in the business. The EAT found that the ...
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Article 14 of the European Convention on Human Rights is not a free-standing right against discrimination, since it requires that another fundamental right be engaged. As such it stands in contrast to the provisions of the other major general human rights convention to which the UK is a party, the International Covenant on Civil and Political Rights, Article 26 of which provides a general right to equal protection of the law without discrimination. However, the European Court of Human Rights has ...
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ASBOs, Demoted Tenancies and Article 8
The status of a secure tenant under the Housing Acts 1985 and 1996 can be “demoted” on the basis of anti-social behaviour by the tenant of the family of the tenant: such an order is made by the courts under the Anti-Social Behaviour Act 2003, and lasts for a year. Mr Pinnock had been a tenant of Manchester City Council for 30 years, and was “demoted” on the basis of the behaviour of his family (not him). Just before the end of the demotion period, the council sought possession on the basis of fu ...
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Where Counsel were retained to advise on obtaining a Group Litigation Order that had been unsuccessful no duty of care was owed by either Counsel or solicitors to the ATE insurers because no advice had been sought before the issue of the ATE policy. In any event the advice of Counsel and the conduct of solicitors were not negligent.
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