The Law Commission has published its report into Employment Law Hearing Structures and made some significant and, in my view very sensible proposals. The report runs to 212 pages so I’ll just highlight a few of the key points, which I think would be welcomed by employment law practitioners and tribunal users alike. Time limits…
Pursuant to section 5 of the Limitation Act 1980 there is a time limit of six years to bring a breach of contract claim, running from the “the date on which the cause of action accrued”. However, in Grisanti v NBC News Worldwide Inc, an employment tribunal has held that the six year time limit…
“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…
Only last month I commented on the strict application of time limits in tribunal claims and how they can prevent otherwise strong claims from proceeding. One month on and the issue is to the fore once again in the Employment Appeal Tribunal case of Beale & others v Clydesdale Bank plc and another. The case…
Employment tribunals, being creatures of statute, have had an unhappy history when it comes to considering time limits and balancing adherence to them with general principles of fairness. As all those with experience of unfair dismissal claims will know, there is a strict time limit of three months for commencement of proceedings. The time limit…
Regular readers will no doubt recall the pickle that Dresdner Bank found itself in when making extravagant promises to city bankers in London. In July 2012 I reported that Dresdner Bank was facing a payout of up to £42 million when the High Court decided that a promise made by the CEO at a meeting…
A couple of cases this month illustrate the crucial importance of paying more than lip service to fair procedure. West London Mental Health v Chhabra illustrates the dangers of allowing non decision makers to meddle in disciplinary proceedings. In this case, concerns were raised about a consultant psychiatrist, including about possible breaches of confidentiality after…
Employment Tribunals have a limited power to extend the three-months’ time limit for bringing unfair dismissal claims where it is “not reasonably practicable” for a claimant to make a claim in time. In the case of El -Kholy v Rentokil Initial Facilities Services (UK) Ltd the Employment Appeal Tribunal reminds us that, where the reason…
A forensic accountant who had won an earlier victimisation claim against one of her employers on the basis of an unfair reference has had her appeal to the Employment Appeal Tribunal struck out because she filed it outside the 42 day time limit for appealing. Whilst she was not a lawyer, the EAT observed that…