In Yapp v Foreign and Commonwealth Office the Court of Appeal was asked to consider to what extent an employer can be held liable for injuries suffered by an employee, in this case depressive illness and associated symptoms. Mr Yapp was, with effect from January 2007, the British High Commissioner in Belize. In June 2008…
“Issue estoppel” is the legal principle that, when applied, is intended to ensure finality and clear determination of issues in legal proceedings. It is defined as follows: It applies where an issue in a cause of action was decided in a previous action. It must be a finding that is fundamental to the outcome of…
In IT Human Resources PLC v Land the question for the High Court was whether an employer was out of time for bringing proceedings for infringement of copyright against a former director. David Land was employed by and was a founding director of IT Human Resources PLC (ITHR). The Company is a recruitment agency, specialising…
The case of Wainwright v Sefton Borough Council was initially heard by Employment Judge Robinson in the Employment Tribunals in Liverpool in September 2013. His judgment was that Mrs Wainwight’s claims of automatic unfair dismissal, breach of regulation 10 of the Maternity and Paternal Leave Regulations 1999 (right to be offered suitable alternative jobs) and…
So, Andrew Mitchell’s mission to seek redress for having been falsely accused of using the word “pleb” came to an ignominious conclusion yesterday when Mr Justice Mitting found that his behaviour was “childish” and that he did use the politically charged word. It mattered not that he admitted that his exchange with PC Toby Rowland…
In the commentary for this month’s newsletter I pointed out that employers should be bracing themselves for valuable backdated holiday claims pursuant to which employees could claim for the equivalent of overtime and commission payments going back over a number of years. The story has now been picked up in the national press with features…