EMPLOYMENT
Search Notable Cases Sunday, 20th May 2012
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Andrew Sugarman

Browne v Central Manchester University Hospitals NHS Trust, [2011] EqLR 545:

 

Andrew acted for the successful Claimant in this 4 week race discrimination and unfair dismissal claim. Following a separate remedies hearing, Mr Browne recovered in excess of £1m in compensation, one the highest awards made by a Tribunal that year.

Ashley Serr
Ashley Serr successfully acted for the Secretary of State for Business Innovation and Skills who intervened in the case.

In Key2Law (Surrey) LLP v De’Antiquis the Court of Appeal has held that companies in administration are not exempted from TUPE.
 
The Court approved the EAT’s approach in set out in OTG v Barke to Reg 8(7) of the TUPE Regulations 2006, which disapplies TUPE protection for certain kinds of insolvency proceedings. It preferred to lay down a general rule that administrations do not trigger Reg 8(7). Lord Justice Rimer, giving the fullest judgment, thought it would be unsatisfactory if the triggering of Reg 8(7) depended on the evidence leading up to the appointment of the administrator. Such an analysis might well produce an uncertain picture as to the objective intended. He also considered that such an approach would not accord with the reality of the administration scheme, under which all options are open to an administrator– the administrator’s objective may change and the original intention may never be realised. Given this range of possibilities open to the administrator upon the making of an administration order, it could not be said that such an appointment is made ‘with a view’ to the liquidation of the company’s assets. That may be what happens in practice, and it may in many cases be apparent from the outset that that is what is going to happen, but it is not always so. Rimer LJ therefore agreed with the EAT's preference for an ‘absolute’ approach, which, as the EAT pointed out, has the merit of legal certainty
Dominic Bayne

Gibson v Sheffield City Council: The Supreme Court’s chance to clarify the defences available to mass equal pay claims - Equal Pay.

Dominic Bayne - Comment.

Dominic Bayne continues to act for Sheffield City Council.  He will report again once the Supreme Court has delivered its judgment.

Seamus Sweeney
Chief Constable of Cumbria -v- McGlennon [2002] ICR 1156
Liability of chief constable for acts of discrimination by subordinate Officers.

Ackinclose & Others -v- Gateshead Borough Council [2005] IRLR 79
Incorporation of collective terms in individual contracts; whether any transfer under TUPE of subsequently agreed collective agreements.

Council of the City of Newcastle upon Tyne -v- Allan & Others [2005] IRLR 504
Compensation for equal pay; relationship between Equal Pay Act and Sex Discrimination Act.

Carlisle-Morgan -v- Cumbria County Council [2007] IRLR 314
Vicarious liability in whistle-blowing cases.

South Tyneside Council -v- Anderson & Others [2007] EWCA Civ 654
Whether school based employees and other local authority employees are in the same employment for the purposes of the Equal Pay Act; powers of Governing Bodies in setting separate terms and conditions of employment.
Kirti Jeram

MRS F A HOVELL v ASHFORD & ST PETER’S HOSPITAL NHS TRUST [2009] EWCA Civ 670
Kirti Jeram Led by John Bowers QC successfully represented the Respondent NHS Trust in the Court of Appeal in Hovell v Ashford & St Peter's NHS Trust. The particular issue raised at the Court of Appeal was whether an employment tribunal had erred in law in refusing an application by the appellant that a decision to appoint an independent expert in an equal value case should be revoked. However, the decision is of broader application in providing guidance as to how employment judges should approach similar applications in the context of equal pay litigation. Please use link for full transcript.

www.bailii.org/ew/cases/EWCA/Civ/2009/670.html

Bradford Metropolitan District Council -v- E C Pratt [2007] IRLR 192: 
Where an employee had failed to comply with the modified grievance procedure pursuant to the Employment Act 2002 Sch.2 para.9, the employment tribunal had no jurisdiction to hear her complaint.

Ashley Serr

 Oakland -v- Wellswood (Yorkshire) Ltd [2010] IRLR 82

Ministry of Defence -v- Fletcher [2010] IRLR 25 

Connor and Hine -v- DTI [2006]ALL ER (D) 61 (Feb)
Decision on whether Part XII ERA is compatible with EC insolvency directive.

Thomas v The Home Office [2006] EWCA Civ 1355
Leading case on what can and cannot be agreed between the parties without a court order under the CPR and what constitutes a valid agreement for the purposes of rule 2.11.

Logan -v- Commissioners for Customs and Excise [2004] IRLR 63
Leading case on striking out at half time in the ET.

Home Office v Lowles [2004] EWCA (Civ) 985- Correct approach to Regulation 12 (3) Workplace (Health Safety and Welfare) Regulations 1992.

Bewley -v- Prison Service [2004] ICR 422
Meaning of collective agreement for purposes of Working Time Regulations.

Miller -v- Secretary of State for the Home Department [2004] All ER (D) 109 (Jun)
Employment status of a prison chaplain.

Stott and Others -v- Prison Service [2003] All ER 25 (Jun)
Date of assessment for ‘prejudice’ when extending time limits.

Wainwright v Home Office [2003] UKHL 53
House of Lords case exploring the existence of a tort of invasion of privacy.

Hill -v- Prison Service [2003] All ER (D) 267 (Dec)
Identifying correct EDT.

De Keyser -v- Wilson [2001] IRLR 324
Leading case on use of experts in the ET.