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22/08/2009
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In light of the ET not defining how it reasoned the right to a contractual redundancy payment of a consultant employed under an ulra vires contract, in breach of the National Health Service (Appointment of Consultants) Regulations 1996, the EAT held that it was
perverse of the ET to rule that Dr Lairikyengbam was entitled to a contractual redundancy payment. The Employment Judge had said that the hearing would proceed by way of a split trial of liability followed by quantum, and then determined the remedy following the hearing. The EAT ruled this action perverse after the appellant NHS Trust argued that additional evidence and submissions would have been proferred had the parties known that the ET would also decide remedy. MRS JUSTICE SLADE ruled that is was, "seriously prejudicial to both parties for the ET to determine remedy on the basis of evidence and submissions at a hearing which had been agreed by the parties and the ET to be for the purpose of determining liability."
The EAT ruled that the ET decision of dismissal for redundancy was perverse, that the claim for a contractual redundancy payment be dismissed and that the claim for unfair dismissal be remitted for determination by a differently constituted ET.
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Some recent employment cases:- 2009 Contract was ultra vires but employee still able to pursue unfair dimsissal claim under ERA 96 - Shrewsbury & Telford Hospital NHS Trust v Lairikyengbam [2009] UKEAT 0499_08_2108 Redundancies - ECJ rules that consultations do not need to begin until the parent company decides which subsidiary will be affected - Akavan Erityisalojen Keskusliitto AEK ry and Others v Fujitsu Siemens Computers Oy - ECJ [2009] Case C-44/08 ECJ rules holiday entitlement must not be lost through illness - Pereda v Madrid Movilidad SA - ECJ [2009] C-277/08 Costs follow lies (breaching confidentiality in a compromise agreement) - Dunedin Housing Association Ltd v. Donaldson - UKEAT [2009] 0014_09_0807 Pre-contractual negotiations can not be used as evidence for the meaning of a contract - Chartbrook Ltd v Persimmon Homes Ltd & Ors [2009] UKHL 38 Failure to fully exhaust statutory dispute resolution procedures means a claimant is barred from seeking redress in the courts - Booth v Oldham MBC [2009] EWCA Civ 880 Employers can not hide behind 'substantial equivalence' arguments to justify post TUPE contract changes - TAPERE v SOUTH LONDON AND MAUDSLEY NHS TRUST - [2009] UKEAT 0410_08_1908 The EAT rejects the refusing of the sole candidate for a job by citing conflict of interest and health and safety arguments - Amnesty International v Ahmed - [2009] UKEAT 0447_08_1308 Human Rights Legislation Fails To Protect Unions Against TULCRA - Employers must be informed promply of strike ballot results - METROBUS LIMITED v UNITE [2009] EWCA Civ 829 There is a right to legal representation at internal disciplinary hearings under Article 6 of the European Convention on Human Rights - Kulkarni v Milton Keynes Hospital NHS Trust [2009] EWCA Civ 789 |
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