Latest Cases

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. 

Contract – Construction. The claimant lenders brought a claim against the defendant borrowers on the basis of a personal loan agreement. The defendants challenged the authenticity of the purported load agreement. The Queen's Bench Division held that the claimants had failed to discharge the burden that the agreement was what it purported to be and, accordingly, the action failed and would be dismissed. 

Company – Scheme of arrangement. The proceedings concerned a company that had been found to have been involved in the mis-selling of insurance products. Its potential financial exposure was considerable. An application was made for a scheme of arrangement to quantify, limit and extinguish the company's liabilities. The Chancery Division, Companies Court, held that, on the evidence, it was appropriate to approve the scheme. 

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. 

Employment – Trade union. The employee, a member of an independent trade union, WEU, succeded before the employment tribunal on four claims of detriment for taking part in WEU's activities. The employer appealed. The Employment Appeal Tribunal, in allowing the appeal, held that, in respect of the four claims on which the tribunal had found for the employee, it had, in one way or another, reached erroneous conclusions and that there was no need or purpose or justification in remitting the case to the tribunal. 

Employment tribunal – Striking out. The employee's unfair dismissal claim had been struck out by the employment tribunal due to non-compliance with an 'Unless Order'. The employee appealed against the striking out of his claim. The Employment Appeal Tribunal (the EAT) found the order unclear, ambiguous and thus incapable of taking effect as an order striking out the claim. Accordingly, the employee's appeal was allowed. 

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. 

Damages – Personal injury. Court of Session: In an action for damages by the mother of a 26-year-old man who was killed by a dangerous driver, in which liability was admitted, the court held that the pursuer met the criteria to be classed as a secondary victim and made awards of £80,000 for distress, grief and loss of society, £2,500 for loss of financial support, £5,190 for past loss of personal services and £24,940 for future loss, and £35,000 for solatium. 

Unfair dismissal – Constructive dismissal. The employment tribunal awarded an employee compensation following its decision that the employee had been unfairly constructively dismissed. In ruling on the employer's appeal against the compensatory award made to the employee, the Employment Appeal Tribunal ruled that the tribunal had erred only in basing its calculation of the award for breach of contract on the employee's higher salary in the previous position he had been in before accepting his more recent junior position. Accordingly, the other grounds of appeal would be dismissed and the matter would be remitted to the same tribunal for consideration.