Edwards v Chesterfield Royal Hospital and Botham (FC) v Ministry of Defence [2011] UKSC 58 – read judgment. Although not strictly speaking a human rights case, the Supreme Court handed down an important employment law decision this week which has significant impact on employees’ ability to claim damages if they are sacked unfairly or if [...]
Archive for the ‘Employment’ Category
What price unfair dismissal, in times of austerity?
Posted in Art. 6 | Right to Fair Trial, Case law, Case summaries, Costs and Procedure, Disciplinary Proceedings, Employment on December 17, 2011 | Comments Off
Dismissal of hospital consultant did not breach fair trial rights
Posted in Art. 6 | Right to Fair Trial, Case comments, Employment, Medical, tagged Mattu v The University Hospitals of Coventry and Warwickshire NHS Trust [2011] EWHC 2068 (QB) on August 3, 2011 | 1 Comment »
Mattu v The University Hospitals of Coventry and Warwickshire NHS Trust [2011] EWHC 2068 (QB)- Read judgment The High Court has dismissed Dr Raj Mattu’s claim that his dismissal by an NHS Trust was in breach of contract and in breach of his Article 6 right to a hearing before an independent and impartial tribunal. [...]
A leap of faith?
Posted in Art. 14 | Anti-Discrimination, Art. 9 | Thought/Conscience/Religion, Employment, In the news, Religion, tagged EHRC, sexual orientation on July 20, 2011 | 8 Comments »
In the midst of all the coverage of the phone hacking scandal and the mounting woes of News Corporation an interesting piece of human rights news from the past week got lost: the announcement by the Equality and Human Rights Commission (“EHRC”) that it is applying to intervene in four cases before the European Court of [...]
Strasbourg Grand Chamber rules on Diplomatic Immunity
Posted in Art. 6 | Right to Fair Trial, Case comments, Case summaries, Employment, In the news, International on July 14, 2011 | Comments Off
Farouk Sabeh el Leil v France (29 June 2011) – read judgment When a diplomatic employee takes action for compensation for unfair dismissal, the host country’s courts cannot simply rule out the possibility of a claim on the basis that the employer has state immunity. This would impair the very essence of his right of [...]
Courts have no inherent power to order closed procedure
Posted in Art. 6 | Right to Fair Trial, Case law, Case summaries, Employment, International, Terrorism on July 13, 2011 | Comments Off
1 Crown Office Row’s Peter Skelton appeared for The Security Services in this case. He is not the author of this post. Al Rawi and others (Respondents) (Respondents) v The Security Service and others (Appellants) [2011] UKSC 34 – read judgment; read press summary At the centre of this appeal was the court’s power to order a “closed [...]
Rules allowing closed procedure in employment cases do not breach fair trial
Posted in Art. 6 | Right to Fair Trial, Employment on July 13, 2011 | Comments Off
Home Office (Appellant) v Tariq (Respondent); Home Office (Respondent) v Tariq (Appellant) – read judgment; read press release In these appeals the question was whether a claimant in employment tribunal proceedings may be excluded from certain aspects of those proceedings on grounds of national security, without breaching the right to fair trail under Article 6 of the Convention. [...]
Seizure of passport actionable in law
Posted in Art. 8 | Right to Privacy/Family, Case comments, Case law, Case summaries, Damages, Employment, Immigration/Extradition, In the news, Property, Protocol 1 Art. 1 | Peaceful enjoyment of property, Public/Private on June 9, 2011 | 1 Comment »
Atapattu, R. (On the Application of) v The Secretary of State for the Home Department [2011] EWHC 1388 (Admin) - read judgment 1 Crown Office Row’s John Joliffe appeared for the Secretary of State the Home Department in this case. He is not the writer of this post. This case on the wrongful retention of the passport of [...]
The power of unelected judges – Part 1 of 2
Posted in Art. 6 | Right to Fair Trial, Case summaries, Employment, In the news, Judges and Juries, Scotland on May 30, 2011 | 5 Comments »
Two court decisions have upset UK governments this week. One is being appealed in the normal way by the Secretary of State for Education, but the other may lead to a fundamental rethink of the Scottish justice system. As a Bank Holiday special, this post is split into 2 parts. Starting with the Sharon Shoesmith [...]
Sharon Shoesmith wins her appeal – Obiter J
Posted in Case summaries, Children, Employment on May 27, 2011 | 5 Comments »
Shoesmith, R (on the application of) v OFSTED & Ors [2011] EWCA Civ 642 (27 May 2011) – Read judgment In April 2005, Sharon Shoesmith was appointed as Director of Children’s Services at Haringey London Borough Council. The appointment by a Council of such an officer is a statutory requirement - Children Act 2004 s.18. “Baby [...]
No win no fee and the litigation game – Professor Richard Moorhead
Posted in Art. 14 | Anti-Discrimination, Art. 6 | Right to Fair Trial, Case summaries, Employment, In the news on May 13, 2011 | Comments Off
Birmingham City Council v Barker (Equal Pay Act : Other establishments) (Rev 1) [2010] UKEAT 0056_10_0905 (9 May 2011) – Read jugment One of the allegations made about contingency fees is that they encourage lawyers to cut corners because they are not paid by the hour. It is an allegation which has been specifically made [...]
Doctors not entitled to be judged by independent panel
Posted in Art. 6 | Right to Fair Trial, Case comments, Employment, Medical on April 26, 2011 | 1 Comment »
R (on the application of Rajiv Puri) v Bradford Teaching Hospitals NHS Foundation Trust [2011] EWHC 970 (Admin) Judgment of Mr Justice Blair given on 15 April 2011 - Read judgment This claim for judicial review is the latest skirmish in The Wars of the HC [90] 9 Succession between doctors and NHS trusts about what [...]
Benefits tourism in the EU – Analysis
Posted in Case comments, Employment, European, Features, In the news on March 25, 2011 | Comments Off
The case of Patmainiece v Secretary of State for Work and Pensions was reported in an earlier post. Here we discuss the underlying rationale for the decision and ask whether the finding that the nationality requirement amounted to mere indirect discrimination was a correct “fit” with EU principles of free movement. Article 18 (now article [...]
Disabled volunteers can be discriminated against
Posted in Art. 14 | Anti-Discrimination, Case summaries, Employment, European, International, tagged disability, Discrimination, European Court of Justice, Volunteers on January 28, 2011 | 3 Comments »
X v Mid Sussex Citizens Advice Bureau [2011] EWCA Civ 28 – Read judgment The Court of Appeal has ruled that disabled people are not protected by domestic or European legislation against discrimination when they undertake voluntary work. In this decision the specific question was whether volunteers at Citizens Advice Bureaus are protected from disability [...]
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Disclaimer
Can you choose an arbitrator on the grounds of his religion?
Posted in Case comments, Discrimination, Employment, In the news, Religion on August 5, 2011 | 2 Comments »
Jivraj v. Hashwani [2011] UKSC 40 Read judgment We all know that these days you cannot just say you want to employ a Muslim or a Catholic without a good reason. But what about the potentially different question as to whether you can choose your own private judge, namely an arbitrator, by reference to his or her religion? [...]
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