|
| |||||||
| |||||||
|
| |||||||
|
19/11/2009 In the case of the Governing Body of St Albans Girls' School v Neary the Court of Appeal has decided that where a party has requested a review of a sanction, the judge is not obligated to make an decision on each and every potentially relevant factor involved. The court found that the decision of Parliament not to incorporate CPR 3.9 into employment tribunal practice was deliberate. Following on from this when considering a review application the employment judge needs to be clear about the facts that he thought were relevant. He must also explain the reason for his decision in enough depth so that someone who knows the background to the case can understand his reasons.
The judge must show that he has weighed the factors involved and reached a reasonable decision but he does not need to use any particular formula or form of words. All that is needed is that the judge has reflected on whether the decision was just or not.
|
||||
|
The transcript of this case follows:- St Albans Girls School & Anor v Neary [2009] EWCA Civ 1190 (usually found at the Bailli or Employment Appeals websites) | ||
|
Some recent employment cases:- 2009 It is possible to claim unfair dismissal abroad even if the workplace is registered outside the UK - Diggins v Condor Marine Crewing Services Ltd [2009] EWCA Civ 1133 Autoklenz 'Subcontractors' were employees - the contractual substitution clause was just 'window dressing' - Autoclenz Ltd v Belcher & Ors [2009] EWCA Civ 1046 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 |
||
| Downloading, publishing, forwarding or any distribution etc of this or any other WorkRep article is subject to license. Workers (excluding HR, reps or consultants etc) researching their own tribunal cases may freely download up to 50 articles for their own personal and non commercial use. Do you have a problem at work? Are you being discriminated against harassed or victimised at work or have you been unfairly dismissed or wrongfully dismissed? If you are suffering from bullying victimisation or discrimination at work you need to contact WorkRep early on. Whatever your employment problem is, even if you have failed in your tribunal case and there is now a costs application against you we will try to help. click for further information about problems at work |
||
|
Disclaimer: articles and information published by WorkRep.co.uk are for general information purposes only. Please read the site info before using this website © 2009 Workrep | ||