Cases within R

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  R (on the application of Age UK) v Secretary of State for Business, Innovation and Skills [2009] EWHC 2336 HC (1 report relating to this case)

  • Age discrimination: Compulsory retirement at age 65 remains lawful - for the time being

    Date:

    9 December 2009

    In R (on the application of Age UK) v Secretary of State for Business, Innovation and Skills [2009] EWHC 2336 HC, the High Court confirmed that the compulsory retirement of employees at or above the age of 65 by reference to the prescribed procedure in the age discrimination Regulations is lawful. However, the Court could not "see how 65 could remain" as the default retirement age, following the Government's review in 2010.

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  R (on the application of Amicus - MSF section and others) v Secretary of State for Trade and Industry and Christian Action Research Education and others [2004] IRLR 430 HC (1 report relating to this case)

  • A good loss: R (Amicus - MSF section) v Secretary of State for Trade and Industry

    Date:

    1 June 2004

    The overwhelming majority of discrimination law cases are unsuccessful. If the decision is not one of an employment tribunal, it will be a binding precedent.

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  R (on the application of G) v Governors of X School and Y City Council [2011] IRLR 756 SC (1 report relating to this case)

  This decision from the Supreme Court, the highest court in the UK, is the leading decision on whether or not employers must allow employees the right to be accompanied by a lawyer at a disciplinary hearing.

  • Supreme Court: no entitlement to legal representation at disciplinary hearing for teaching assistant

    Date:

    29 June 2011

    The Supreme Court has held that it was not a breach of a teaching assistant's human rights to refuse him the right to be accompanied by a lawyer at a disciplinary hearing to address an allegation of acting inappropriately towards a pupil. 

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  R (on the application of Kirk) v Middlesbrough Council and another [2010] IRLR 699 HC (1 report relating to this case)

  • Discipline: Private sector employee had no right to legal representation at disciplinary hearing

    Date:

    24 August 2010

    In R (on the application of Kirk) v Middlesbrough Council and another [2010] IRLR 699 HC, the High Court held that a social worker accused of withholding information about a child protection investigation, of which she was the subject, from her private sector employer was not entitled to legal representation at a disciplinary hearing.

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  R (on the application of Puri) v Bradford Teaching Hospital NHS Trust [2011] IRLR 582 HC (1 report relating to this case)

  The High Court in this case distinguished the circumstances from those in R (on the application of G) v Governors of X School and Y City Council [2010] IRLR 222 CA, in which the Court of Appeal held that a teacher had the right to be accompanied by a lawyer. In this case, the European Convention on Human Rights was not engaged in internal disciplinary proceedings where the employee was not, as a result, deprived of the right to practise his profession. The Supreme Court has in any event overturned its decision on legal representation at disciplinary hearings in R (on the application of G) v Governors of X School and Y City Council [2011] IRLR 756 SC.

  • European Convention right to a fair hearing was not engaged in internal disciplinary proceedings

    Date:

    27 April 2011

    The High Court has held that art.6 of the European Convention on Human Rights was not engaged in internal disciplinary proceedings where the employee was not, as a result, deprived of the right to practise his profession. 

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  R (on the application of Shoesmith) v Ofsted and others [2011] IRLR 679 CA (1 report relating to this case)

  • Dismissal of Sharon Shoesmith following death of "Baby P" was void and unlawful

    Date:

    2 June 2011

    The Court of Appeal has held that the summary dismissal of Sharon Shoesmith, during the fallout from the death of "Baby P", was unlawful. In finding that she was entitled to a decision on her judicial review application, the Court held that her alternative employment tribunal remedy was not "equally convenient and effective". 

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  R (on the application of the Incorporated Trustees of the National Council on Ageing (Age Concern England)) v Secretary of State for Business, Enterprise and Regulatory Reform [2009] IRLR 373 ECJ (1 report relating to this case)

  • R (on the application of the Incorporated Trustees of the National Council on Ageing (Age Concern England)) v Secretary of State for Business, Enterprise and Regulatory Reform

    Date:

    5 March 2009

    The European Court of Justice has held that the UK legislation permitting employers to dismiss employees aged 65 or over if the reason for dismissal is retirement can, in principle, be justified under the Framework Directive.

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  R (on the application of Ultraframe (UK) Ltd) v Central Arbitration Committee [2005] IRLR 641 CA (1 report relating to this case)

  • Trade unions: CAC has jurisdiction to order re-run of ballot

    Date:

    12 August 2005

    In R (on the application of Ultraframe (UK) Ltd) v Central Arbitration Committee, the Court of Appeal holds that the role of the Central Arbitration Committee (CAC) had been intended by parliament to be a decision-making body in a specialist area not suitable for the intervention of the courts.

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  R v Attorney General for Northern Ireland ex parte Burns [1999] IRLR 315 NIHC (1 report relating to this case)

  • R v Attorney General for Northern Ireland ex parte Burns

    Date:

    1 May 1999

    In R v Attorney General for Northern Ireland ex parte Burns [1999] IRLR 315 NIHCQB, Northern Ireland High Court, Queen's Bench Division held that that the failure of the Government to transpose the Working Time Directive in time was an actionable breach of Community law.

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  R v British Coal Corporation and Secretary of State for Trade and Industry ex parte Vardy and others [1993] IRLR 104 HC (1 report relating to this case)

  • Judicial review: Pit closures without use of review procedure were unlawful

    Date:

    15 February 1993

    British Coal had a statutory obligation to use a review procedure agreed with the trade unions in relation to proposed pit closures, holds the High Court in R v British Coal Corporation and Secretary of State for Trade and Industry ex parte Vardy and others.