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

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 [...]

The Reporting of Mrs Carol Hill -v- Essex County Council

The media reporting of Employment Tribunal cases, like any form of Court reporting, at times, can be inaccurate.  This is due not only to the complex and confusing nature of Employment law but due to a variety of other factors, not least increased journalistic workloads.  The manner in which Employment Tribunal cases are heard potentially also poses difficulties to journalists, particularly if witness statements are “taken as read” by the Tribunal, meaning the statements are not read out by the witnesses during the hearing but read in private by the Employment Tribunal.  Even if journalists hear the evidence they may not have access to the documents.

This is noticeable from the case of Mrs Carol Hill, referred to in the press as the “Dinner Lady” who was dismissed from her job at Great Tey Primary School, Essex in September 2009 (I anticipate Mrs Hill’s job title was probably that of Midday Assistant or Lunchtime Supervisor). Continue reading The Reporting of Mrs Carol Hill -v- Essex County Council