About Me

I’m a Barrister at Atlantic Chambers looking at various aspects of Employment Law including new developments in case law and legislation.

Polkey and New Points on Appeal – The case of Vision Security Group Limited v Mr L Goodyear (2010) UKEAT/0307/10/JOJ

Background

In Vision Security Group Limited v Mr L Goodyear (2010) UKEAT/0307/10/JOJ an employer was not permitted to raise a new point on appeal that the employee’s compensation should be subject to a Polkey deduction.  The Employment Appeal Tribunal (“EAT”) held, in any event, no Polkey deduction should have been made based on the Employment Tribunal’s other findings.

The Claimant in this matter had been employed by the Respondent as a Security Team Leader at a shopping mall in Blackburn.  The Claimant was dismissed for gross misconduct following an incident on 5th May 2009 when he asked two individuals, who had previously been banned for the premises, to leave the mall.  The Respondent dismissed the Claimant on the basis that it believed that the Claimant had taken one of the individuals out of sight of CCTV cameras to have a fight with him.  The Claimant denied the allegation and insisted he acted merely to remove the individuals from the premises. Continue reading Polkey and New Points on Appeal – The case of Vision Security Group Limited v Mr L Goodyear (2010) UKEAT/0307/10/JOJ

Redundancies, Re-organisations and New Roles – The case of Mr L Morgan v The Welsh Rugby Union [2010] UKEAT/0314/10/LA

Background

The case of Mr L Morgan v The Welsh Rugby Union [2010] UKEAT/0314/10/LA is the latest case dealing with the law where redundancies arise due to a re-organisation and there are new, different roles to be filled.

In Morgan the Claimant, a National Elite Coach Development Manager was involved in a re-organisation in early 2008.  Mr Morgan’s post, together with a post held by one of Mr Morgan’s colleagues, Mr Schropfer were to disappear and the single post of National Coach Development was created.  There were three applicants for the post which included Mr Morgan and Mr Schropfer.  The Respondent considered that both Mr Morgan and Mr Schropfer were capable candidates but chose to appoint Mr Schropfer. Mr Morgan’s complaints in respect of the selection process included that the Respondent failed to compare the relative skills of Mr Morgan and Mr Schropfer, that the Respondent ignored its own job descriptions and person specification for the role, that the panel interviewing the candidates lacked a coaching expert, that Mr Schropfer was allowed more time than Mr Morgan to give a presentation which formed part of the interview process and that the Respondent failed to use the marking criteria laid down for the interview. Continue reading Redundancies, Re-organisations and New Roles – The case of Mr L Morgan v The Welsh Rugby Union [2010] UKEAT/0314/10/LA

A short update on Mrs Carol Hill v Essex County Council

Some of you may remember my recent blog post on the case of Ms Carol Hill, the school “dinner lady” who had been sacked in September 2009 from Great Tey Primary School, Essex for the offence of “going to the press” and/or bringing the school into disrepute, after Ms Hill had found a seven [...]