Weekly Issue 57 - April 2001

Phone a friend?

John Lewis plc v Coyne [2001] IRLR 139 EAT

The recent flurry of judicial activity on the scope of an Employment Tribunal's power to interfere with management decisions that are "within a band of reasonable responses" emphasises the difficulties for employees in unfair dismissal cases. But this heartening case illustrates the scope of protection from unfair dismissal in so-called misconduct cases.

Councillors curbed

Moore v Bude Stratton Town Council [2000] IRLR 676 EAT

In Mr Moore's case against his council employer, the whole question of the extent to which a council is liable for the actions of individual councillors in an employment context is examined.

Teaching a lesson in natural justice

McNally v Secretary of State for Education (Court of Appeal Unreported Case No: C/2000/2817)

The right to a fair disciplinary hearing may not be guaranteed by the Human Rights Act but employers must act consistently with the ACAS Code and obey the rules of natural justice.

We're only making plans

RMT v London Underground Limited (Court of Appeal, 16 February 2001)
Westminster City Council v UNISON (Court of Appeal, 21 March 2001)

The law requires unions to give seven days' notice to employers both before balloting for industrial action and again before taking action following a successful ballot.

Trade union rights are human rights

European Parliament, 30 from national parliaments and one from the Commission was appointed by the Member States meeting as the European Council in Cologne. The task of this "Convention" was to formulate an EU Charter of Fundamental Rights and Freedoms, to be presented to the European Council meeting in Nice in December 2000.

It's like that (that's just the way it is)

Chief Constable of West Yorkshire v Vento (2001) IRLR 125
Stenning v Jarman and London Borough of Hackney (unreported; 17.11.2000, EAT/1288/99)

On the up

The limits on the amounts Employment Tribunals can award has increased in line with inflation