This appeal raises questions of European Law concerning the rights of part-time workers, as well as questions of domestic law about the status and terms of service of judges in England and Wales.The Appellant, Mr O’Brien, is a barrister. On 1 March 1978, he was appointed by the LordChancellor’s department as a recorder (a part-time judge) under the Courts Act 1971. Mr O’Brien had his appointment extended a number of times until he retired on 31 March 2005. He was remunerated, as were other recor ...
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Sexual Orientation Discrimination/Transexualism An Employment Tribunal accepted that 6 out of 12 complaints of discrimination, and 5 out of 12 of unlawful harassment, were made out. None of the acts complained of, save possibly one, was obviously and intrinsically discriminatory. Each finding relied on the validity of the others. The first and second in the sequence involved accepting that the Claimant had suffered less favourable treatment, to his detriment, where his manager had ...
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Sex Discrimination - Direct Unincorporated association – practice and procedure. The Claimant was employed by the management committee of an unincorporated association. By the time of the hearing the only Respondents were (1) the unincorporated association in its own name and (2) two individual members of the management committee alleged to bear responsibility for racial and sexual harassment and discrimination. It was argued that (1) it was impermissible to ...
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Practice and Procedure - Amendment An Employment Judge erred in refusing permission to amend an ET1 to add an associative disability discrimination claim on the ground that no statutory grievance had been raised in respect of such a claim. If the proposed amendment was of or included complaint of discrimination by dismissal no such grievance was required. The application to amend and the application for setting aside the revocation of permission to amend was remitted to an Employment Judge for ...
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Jurisdictional Points - Extension of time: reasonably practicable It was not reasonably practicable for the Claimant to present his unfair dismissal claim in 3 months. But by waiting a further 11 days he went beyond a reasonable period: Employment Rights Act 1996 s111(2). The authorities on “reasonably practicable” for primary limitation, and fault of advisers, were applicable to deciding what was a further reasonable period: Northumberland County Council v Thomson UKEAT/0209/07. Th ...
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Sexual Orientation Discrimination/Transexualism An Employment Tribunal accepted that 6 out of 12 complaints of discrimination, and 5 out of 12 of unlawful harassment, were made out. None of the acts complained of, save possibly one, was obviously and intrinsically discriminatory. Each finding relied on the validity of the others. The first and second in the sequence involved accepting that the Claimant had suffered less favourable treatment, to his detriment, where his manager had ...
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Disability Discrimination - Disability Job offer to Claimant withdrawn allegedly as a result of her disclosing a history of depression – On a preliminary issue Tribunal holds that at the material time (June 2008) Claimant not suffering from “clinical depression” amounting to a disability within the meaning of the Disability Discrimination Act 1995. Appeal allowed, and issue remitted, because Tribunal had wrongly declined to give weight to the evidence of Claimant’s GP, ...
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Practice and Procedure - Striking-out/dismissal The Tribunal ought to have convened a hearing in order to determine the Claimant’s application for relief against sanctions – rules 35(3) and 36(1) and St Albans Girls’ School Governing Body v Neary [2009] EWCA Civ 1190 discussed. In any event fairness required that the Tribunal convene a hearing before making a critical finding of fact adverse to the Claimant. In any event the Tribunal’s reasons for that criti ...
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Disability Discrimination - Direct disability discrimination The Employment Tribunal rejected the Appellant’s contention that the reason for his treatment by the Respondent of which he complained was a perception that he had a dangerous mental illness. Any argument that action taken on grounds of a perception of mental illness is for a reason relating to or on grounds of disability within the meaning of the Disability Discrimination Act 1975 is therefore academic in this appeal. In any ev ...
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Practice and Procedure - Striking-out/dismissal This is an appeal by the Claimant against a judgment confirming that her claim was struck out by reason of non-compliance with an “unless order”. Appeal dismissed. There was no error of law in making the order. The Claimant’s contention that the effect of applying to vary or discharge an “unless order” is to comply with the order is incorrect. Various other grounds of appeal reject ...
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