September 2009 Archives - 2/2 - Employment Law Advocates

Stuart Peters v Bell

11-Sep-2009 / James Medhurst / No Comments

While I am on the subject of decisions on remedy which are upheld by the Employment Appeal Tribunal but overturned by the Court of Appeal, another example was first mentioned in this post. I am pleased to report that the judgment of the Court of Appeal in Stuart Peters v Bell¬†has now been produced. Lord Justice Elais gave the leading judgment, in which he confirms that the narrow Norton Tool principle, as defined in the case of Burlo v Langley, ...

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Pension Loss

08-Sep-2009 / James Medhurst / No Comments

There¬†was an interesting decision by the Court of Appeal a few weeks ago, concerning compensation for unfair dismissal. Unfortunately, the¬†judgment has yet to appear but the key background reading in any event is the Employment Appeal Tribunal judgment in Aegon v Roberts, earlier in the year, which it overturned. The facts are unremarkable but the same cannot be said of the approach taken to the law. The original tribunal noted that the pension scheme of the dismissing employer was far more ...

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Wrong jurisdiction

02-Sep-2009 / James Medhurst / No Comments

There have been very few new decisions recently but there was another case on time limits that caught my eye, McFadyen v PB Recovery, which is a reminder that employment tribunals in Scotland¬†are¬†a separate jurisdiction from those in England and Wales. Usually this makes no difference because the law is identical¬†to the point that¬†decisions of the Scottish Employment Appeal Tribunal are binding in England and Wales and vice versa. However, it affects the issue of where claims should be submitted. When ...

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