Employment Law Bulletin - Issue 141 - 5 February 2012

Tuesday 5 February 2013

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Employment news

More blacklisting uncovered

At least 111 workers from Wales were on an illegal blacklist which looked at the backgrounds of thousands of construction workers across the UK. The Information Commissioner's office uncovered the list which included the names of people with union and campaign group affiliation. This is the latest installment in this unfolding story about blacklisted workers. Last year Garden Court Chambers' David Renton represented Dave Smith in proceedings before the Central London Employment Tribunal during which Carillon admitted he had been blacklisted. Click here to read the news story and here to read how the Guardian reported the case of Smith v Carillon.

Employment case law

Court of Appeal

Applications for employment | Disclosure of spent convictions

T, R (on the application of) v Chief Constable of Greater Manchester & Ors [2013] EWCA Civ 25
The applicants applied for judicial review of decisions of the Greater Manchester Police to disclose their spent convictions to prospective employers when those employers applied for Enhanced Criminal Record Certificates. The applicants argued that disclosure of all convictions and/or cautions upon the prospective employers application to the Force for an ECRC, irrespective of the age or the facts surrounding the conviction/caution was a breach of their rights as protected by Article 8 of the European Convention on Human Rights. Their Lordships (Lord Rix giving the judgment of the court) accepted that the need to protect employers, children and vulnerable adults and the desire to allow prospective employers to make their own judgment about the overall suitability of a candidate for a role were legitimate aims. However, in upholding the appeals of two of the applicants, their Lordships decided that the statutory regime requiring the disclosure of all convictions and cautions relating to recordable offences is disproportionate to that legitimate aim. Click here to read the full judgement.

Employment Appeal Tribunal

Practice & Procedure | strike out

Jakpa v London Underground Ltd & Ors [2013] UKEAT/0571
The EAT upheld the decision of the ET below which, after hearing 16 days of evidence, took the exceptional course of striking out the claimant's claim because of his conduct of the proceedings. The ET found that the Claimant's conduct was such that a fair trial was no longer possible. Click here to read the full judgment.

Perversity appeal | cross examination limited by ET

Contract Security Services v Mr S Adebayo [2013] UKEAT/0192
Dismissing an appeal against a decision by the ET that the Claimant was unfairly dismissed and subjected to race discrimination, the EAT found nothing improper in the Employment Judge limiting cross examination of the Claimant on the grounds that there was no pleaded factual basis for the questions put. However the appeal was upheld in part and remitted to the ET in relation to the assessment of compensation. Click here to read the full judgment.

Notices & coming events

The Discrimination Law Association
16 February 2013 at 6:00pm

The Discrimination Law Association will hold its Annual General Meeting at the offices of Leigh Day & Co, Priory House, 25 St John's Lane, London EC1M 4LB. Click here for more information.

Struck Out: Why Employment Tribunals Fail Workers
Thursday 21 February 2013 at 6.00pm

Garden Court's David Renton will address a Manchester meeting of the Industrial Law Society on "Struck Out: Why Employment Tribunals Fail Workers", on 21 February at 6pm, in Lecture Theatre G35, Manchester Metropolitan University Business School, All Saints Campus. Click here for more information.

 

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