News & Events

Employment & Discrimination

Tom Gibson wins in ‘whistleblowing’ employment appeal

Tom Gibson appeared recently in the Employment Appeal Tribunal in Octavian Continental Ltd v White (UKEAT 0406/12/RN) for Mr John White, the Respondent, who successfully resisted his employer’s appeal against his ‘whistleblowing’ unfair dismissal. At first instance, the Bristol Employment Tribunal had found that Mr White – a Security Officer who had reported concerns over irregular cash handling procedures at the Swindon shopping centre and car park where he worked – was a “conscientious employee”who had taken “proper steps to report his concerns to his employers”. Conversely, the Employment Tribunal found that Mr White’s managers had “closed minds which were fixated on finding” that Mr White was guilty of gross misconduct. The Tribunal found that Mr White’s managers had “gnored…

News 14 Feb, 2013

Daniel Barnett interviewed on christian discrimination cases

Daniel Barnett comments on BBC Radio Scotland, Personnel Today and the Scotsman on the European Court of Human Rights decisions in Eweida v British Airways and linked cases. These cases consider the duties of employers to accommodate the religious beliefs of employers, and to allow them to display jewellery associated with that religious belief or refuse to undertake duties because of their principles. BBC Radio Scotland Personnel Today The Scotsman

News 18 Jan, 2013

David Grant and James Rickards appear in summary judgment rectification case

On Thursday 8 November 2012, Mr Justice Briggs gave judgment in the case of Misys Ltd v Misys Retirement Benefit Trustees Ltd. The Principal Employer applied for rectification of certain provisions relating to the revaluation of pensions in payment that had been erroneously recorded in the Scheme following a merger in 1997. Given the weight of the evidence the Principal Employer applied for summary judgment that was eventually not opposed by the representative beneficiary (although unusually defences were filed). The Court considered the recent cases regarding the law of rectification in IBM Holdings [2012] EWHC 2766 (Ch) and Industrial Acoustics and Crowhurst [2012] EWHC 1614 (Ch) (in the latter of which both David and James appeared). Having considered the evidence…

News 12 Nov, 2012

Doctor found guilty of misconduct escapes any sanction

Anthony Haycroft has successfully defended a Glasgow based trainee GP in the Medical Tribunal Practitioners Service in October 2012. The doctor was accused by the General Medical Council of a series of sexual misconduct charges including rape of a girl who is now a doctor.

News 5 Nov, 2012

Equal pay claims in the Civil Courts

Andrew Short QC and Naomi Ling have successfully argued before the Supreme Court that employees are entitled to bring claims for equal pay in the civil courts. In Birmingham City Council v Abdulla 174 former Council employees, represented by Leigh Day & Co, issued claims for breach of contract in the High Court. They did so on the basis that the Council had paid them less than predominantly male groups of staff, in breach of the Equal Pay Act 1970. In a judgment handed down on 24th October the Supreme Court ruled that they were entitled to do so. The Council applied to strike out the Claimants’ claims for equal pay on the basis that it was more ‘convenient’ to…

News 23 Oct, 2012

Outer Temple publishes Employment Appeal Tribunal Authorities Bundle

Outer Temple, in association with the IRLRs, the ICLR and BAILII, have produced a complete set of the EAT Authorities Bundle, available for free download.

External Publications 27 Sep, 2012

High Court strikes out race discrimination in provision of services claim against ambulance trust and police on appeal

The High Court has reversed the decision of a circuit judge and assessors and struck out a race discrimination claim against the ambulance and police services. Sir Charles Grey found that the County Court had been wrong to find the claim had a real chance of success on the basis that additional evidence to support it might emerge.

News 17 Jun, 2012

Will Young successfully resists sex discrimination EAT appeal

Will Young acted for the Claimant in successfully resisting an appeal by an employer against a finding that it had unfairly dismissed and discriminated against her (in the case of Rojas v Market One Ltd). The Employment Tribunal (before whom Will appeared for the Claimant in 2011) decided that the Claimant’s dismissal was as a result of her inability to work full time from the office, which she could not do due to child care responsibilities. This was held to amount to unfair dismissal and sex discrimination. On appear to the Employment Appeal Tribunal, the finding that the dismissal amounted to direct discrimination was overturned, but the findings that the dismissal was unfair and amounted to indirect discrimination were upheld.

News 5 Jun, 2012

Multiple equal pay claims allowed to proceed

Andrew Short QC, leading Naomi Cunningham, has secured a significant victory in ongoing mass equal pay litigation against Birmingham City Council. The Council argued that a number of claims were defeated because the claimants had agreed to the modified grievance procedure, which required them not only to state their grievance, but to set out the basis for it – and they had failed to set out the basis.

News 1 May, 2012

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