Employment Law Blog - 5/31 - Employment Law Advocates

Supreme Court cases in 2011

07-Jan-2011 / James Medhurst / No Comments

As a rule, employment law cases do not reach the final court of appeal all that often. However, 2011 is a striking exception, with eight cases to be heard this year, including no less than four in the Hilary Term, between now and Easter. The first, less than two weeks away, is the case of Duncombe v Secretary of State for Children, Schools and Families, concerning territorial jurisdiction in the context of European law rights. The Court of Appeal decision is discussed here. ...

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Discrimination against MEPs

29-Dec-2010 / James Medhurst / 1 Comment

The BBC reports that Nikki Sinclaire, a Member of the European Parliament, has won a claim of discrimination on the grounds of sexual orientation against the UK Independence Party. However, it should be noted that she won on a technicality because UKIP failed to file a response in time. It is now contesting the jurisdiction of the Employment Tribunal to even hear the claim and, if it is successful in challenging it, it is likely that the result will eventually be reversed and UKIP will ...

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Remitting cases for rehearing

22-Dec-2010 / James Medhurst / No Comments

An important part of every successful appeal is the decision which is made at the very end of the hearing as to whether the appeal disposes of the case or whether it is necessary for it to be remitted, either to the tribunal that made the original decision, to revisit a few points, or to a fresh tribunal, which can often mean a complete rehearing. Many cases can turn on the decision that is made. For example, most practitioners would feel pessimistic about a remission to the ...

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Made in Dagenham: The Truth

03-Dec-2010 / James Medhurst / No Comments

A few weeks ago, I went to see Made in Dagenham, that rare thing, a film with employment law themes in it. Like most films that are 'based on a true story', some characters were amalgamated and some issues were simplified in order to make the messiness of reality easier to understand. I make no criticism of this - if I was making a film, I would do exactly the same - but I always leave the cinema with a desire to do some research and ...

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Misconceived costs ground

15-Nov-2010 / James Medhurst / No Comments

The power to award costs on the ground that "the bringing or conducting of the proceedings" has been misconceived was introduced into the Employment Tribunal Rules in 2004. There has been some debate as to exactly how it would be interpreted. It had been a requirement of the previous "frivolous" ground of costs that the case not only had to be hopeless but that the party paying costs also had to be aware of this fact. Harvey on Industrial Relations ...

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