Employment tribunals and courts
In R v Secretary of State for Employment ex parte Seymour-Smith and Perez (13 March 1997) EOR73A, the House of Lords refers questions to the European Court of Justice relating to whether the increase in the qualifying period for bringing a complaint of unfair dismissal from one to two years indirectly discriminated against women contrary to European Community law.
In HM Prison Service and others v Johnson, the EAT upholds an award of £21,000 for injury to feelings made by an industrial tribunal to a black prison officer who was subjected to a prolonged campaign of racial harassment and discrimination.
In Digital Equipment Co Ltd v Clements (No.2), the EAT holds that, in calculating the compensatory award for unfair dismissal, any termination payment the employee received from the employer should be deducted from his or her loss caused by the dismissal before reducing that net loss by the percentage chance, if any, that he or she would have been retained had the employer acted fairly.
In Selkent Bus Co Ltd t/a Stagecoach Selkent v Moore [1996] IRLR 661 EAT, the EAT set out guidance to industrial tribunals on the criteria to take into account in deciding whether to grant leave for amendment of an originating application.
In Waters v Commissioner of Police of the Metropolis (14 February 1995) EOR64B, the EAT rules that an employer could not be not liable for victimising an employee who alleged that she was sexually harassed by a work colleague, where the alleged harassment was not committed in the course of employment.
A black prison officer who was subjected to "a campaign of appalling treatment" over a period of almost two years is awarded compensation of £28,500, including a record £21,000 for injury to feelings, by a London South industrial tribunal (Chair: E R Donnelly) in Johnson v (1) Armitage (2) Marsden (3) HM Prison Service.
In British Aerospace plc v Green, the Court of Appeal considers the guiding principles for ordering discovery of marked assessment forms in cases where redundant employees claim that they were unfairly selected.
An industrial tribunal is not entitled to exclude members of the public (including the press) from the hearing of a sexual harassment case when the evidence to be given is of a sensitive or salacious nature, the Divisional Court has ruled in R v Southampton Industrial Tribunal ex parte INS News Group.
In addition to awarding £2,500 for injury to feelings, a Manchester industrial tribunal (Chair: C Porter) in Ruizo v (1) Tesco Stores Ltd and (2) Lea awards a further £1,500 aggravated damages for the employer's lack of contrition and continuing failure to address or alleviate the problem of racial abuse.
In Hunt v Secretary of State for Defence a London (South) industrial tribunal (Chair: T J Mason) doubts whether it is right to follow the "chance" approach to assessing past loss suggested by the EAT in the Cannock decision.
Employment law cases: HR and legal information and guidance relating to employment tribunals and courts.