Latest Cases

Unfair dismissal – Constructive dismissal. The Employment Appeal Tribunal (EAT) allowed the employee's appeal against the employment tribunal's decisions regarding the employee's claims for unfair constructive dismissal and race discrimination. The EAT decided that both those decisions had been in error on the basis that, in respect of the unfair dismissal claim, the tribunal had not set out its reasons, and in respect of the race discrimination claim, the tribunal had failed to deal with a specific argument addressed to it. Accordingly, the matter was remitted for rehearing by a fresh tribunal. 

Conflict of laws – Jurisdiction. In an application seeking to set aside an order giving the claimant permission to serve out of the jurisdiction, the Chancery Division found, inter alia, that the claimant had not established that, in the absence of an English law contract, a claim under the Commercial Agents (Council Directive) Regulations 1993, SI 1993/3053, could be brought within certain of the gateways under CPR Pt 6. 

Employment tribunal – Procedure. The Employment Appeal Tribunal (EAT) allowed the employee's appeal against the refusal by the employment tribunal to review its decision to strike out her claims for unfair dismissal and discrimination for non-compliance with its unless order. The EAT took the view that the interests of justice required the decision to strike out to be reviewed to enable the case to be determined on its facts. Accordingly, the matter was remitted to a fresh tribunal to proceed with the full hearing of the claims. 

Unfair dismissal – Determination whether dismissal fair or unfair. The employment tribunal dismissed the employee's claims of unfair dismissal and disability discrimination and concluded that the employee had been dismissed fairly for gross misconduct. The Employment Appeal Tribunal, in dismissing the employee's appeal, held that the test of perversity was a high one which had not been reached in the present case and that the tribunal had not substituted its own views for those of the employer. 

Unfair dismissal – Constructive dismissal. The Employment Appeal Tribunal decided that the employment tribunal had erred in its decision that the employee had been constructively dismissed without first asking itself the correct question, namely, whether the employee had acted in such a way as to breach the implied term of the contract between employer and employee. Further the decision made by the tribunal was perverse as there had been internally contradictory findings. Accordingly, the employer's appeal was allowed and the matter was remitted to a fresh tribunal. 

Criminal law – Threatening or abusive behaviour. High Court of Justiciary: Refusing three appeals against conviction for threatening or abusive behaviour in each of which the question was how s 38(1)(b) of the Criminal Justice and Licensing (Scotland) Act 2010 was to be interpreted, the court held the accused's conduct was to be judged by an objective test in which the actual effect of the threatening or abusive behaviour on those who experienced it was irrelevant. 

Employment tribunal – Striking out. The employment tribunal dismissed the employee's application to vary an unless order and refused to give her relief from sanctions with the result that her case was struck out following her non-compliance with the order. The tribunal further refused her permission to raise new unlawful direct race discrimination claims. In dismissing her appeal against those decisions, the Employment Appeal Tribunal decided that there had been no error of law in the tribunal's order or its approach. 

Town and country planning – Local government. The claimant unsuccessfully applied to the local planning authority for retrospective planning permission to use a site for metal recycling and car breaking. The claimant appealed to an inspector and that appeal was dismissed. By a claim under s 288 of the Town and Country Planning Act 1990 the claimant challenged the inspector's decision. The Administrative Court dismissed the claim finding that it had been open to the inspector to reason and decide as he had done. 

Unfair dismissal – Constructive dismissal. The Employment Appeal Tribunal (the EAT) allowed the employee's appeal against a decision of the employment tribunal that his claims to have been constructively unfairly dismissed and having suffered detriment for having made a public interest disclosure should be struck out as having no reasonable prospect of success. Accordingly, the employee's claims were remitted for re-hearing by a newly constituted tribunal. 

Unfair dismissal – Determination whether dismissal fair or unfair. The Employment Appeal Tribunal ruled that the employment tribunal had based its finding of unfair dismissal on a plain misunderstanding of the employer's grievance policy. Further, the employee had not wanted such a hearing and the employer had the discretion to proceed straight to a disciplinary investigation under the policy. Accordingly, the appeal was allowed and a finding of a fair dismissal was substituted.