Latest Cases

Unfair dismissal – Determination whether dismissal fair or unfair. In allowing the employer's appeal against the employment tribunal's (the tribunal) finding in respect of unfair dismissal, the Employment Appeal Tribunal held that the tribunal had erred in its approach to the question of reasonableness of dismissal by reason of conduct. The correct question had been whether the conduct in its totality had amounted to a sufficient reason for dismissal under s 98(4) of the Employment Rights Act 1996. 

Unfair dismissal – Determination whether dismissal fair or unfair. In allowing the employer's appeal against the finding by the employment tribunal (the tribunal) of unfair dismissal, the Employment Appeal Tribunal held that the tribunal had erred in substituting its view of the fairness of the employee's dismissal for gross misconduct in entering a Class C sewer without breathing apparatus contrary to an instruction. The conclusion of the tribunal that the dismissal had been unfair had been based on erroneous views of its findings of fact. 

European Union – Telecommunications. The Court of Justice of the European Union made a preliminary ruling concerning the interpretation of art 52(3) of Directive (EC) 2007/64 (on payment services in the internal market). The request had been made in proceedings between the Consumer Information Association and T-Mobile Austria GmbH (T-Mobile), concerning T-Mobile's pricing practice of requiring its clients to pay additional charges where payment was made through online banking or by way of paper transfer order. 

Employment – Remuneration. The employee had brought a claim in the employment tribunal (the tribunal) for unlawful deductions from wages. In dismissing the employee's appeal against the rejection of her claim, the Employment Appeal Tribunal held that the tribunal, in a sufficiently reasoned decision, had been entitled to find that the payments had been discretionary under an honorarium scheme and that the employer had been entitled to stop the payments following a re-evaluation of the employee's job title and description. 

Company – Winding up. A company incorporated under the laws of Portugal entered liquidation. It became clear that the Portuguese authorities had initiated proceedings for the involuntary dissolution and liquidation of the company. The liquidators sought relief to ensure that there was no question as to their authority to act. The Companies Court held that, on the proper application of s 225(1) of the Insolvency Act 1986, the liquidators still had that authority. 

Land registration – Rectification of register. The claimants brought proceedings against the defendant, contending that he held registered title in respect of part of a pavement in front of a club on a constructive trust for one of them and that the register should be rectified accordingly. The Chancery Division held that, on the facts, the registration had been the result of a mistake. It granted an order, under Sch 4 to the Land Registration Act 2002, removing the defendant as the registered proprietor of the land. 

Sentencing – Murder – Life sentence – Punishment part. High Court of Justiciary: In an appeal against sentence in which the principal issue was the extent, if any, to which, when imposing a life sentence and fixing the punishment part, the sentencing judge should take account of the accused's conviction on another offence libelled on the same indictment, the court held that the sentencing judge correctly had applied s 2, as amended, of the Prisoners and Criminal Proceedings (Scotland) Act 1993, and gave guidance to sentencing judges when determining the punishment part where, in addition to being convicted of a charge in respect of which a life sentence was imposed, an accused person was also convicted of another charge on the same indictment. 

Employment – Continuity of employment. In dismissing the employers' appeal, the Employment Appeal Tribunal held that the employment tribunal (the tribunal) had directed itself correctly and applied the correct law in holding that there had been a transfer of undertakings pursuant to reg 3(1)(a) of the Transfer of Undertakings Protection of Employment Regulations 2006, SI 2006/246. Further, the employees had had locus standi to bring protective award claims in their own names, the mandates of the employees' representatives having expired. 

European Union – Freedom of movement. The Court of Justice of the European Union dismissed Acino AG's (Acino) appeal, by which it sought to set aside the judgment of the General Court of the European Union dismissing its action for annulment of the interim decisions of the European Commission, relating to the suspension of the marketing of four medicinal products for human use containing the active ingredient Clopidogrel manufactured at a site in India, and the withdrawal of consignments of medicinal products already on the market, and of the final decisions of the Commission, relating to the variation of the marketing authorisations and the prohibition on marketing those medicinal products. 

Employment – Employment tribunal. The employee brought various complaints of race and disability discrimination before the employment tribunal. An employment judge struck out a number of those complaints as out of time and the employee appealed. The Employment Appeal Tribunal held that the judge had erred in his characterisation of one of the complaints as being solely a matter of race discrimination. Save on that point, the appeal would be dismissed as there had been no continuing act or state of affairs such as to mean that the other complaints had been in time.