New EAT Decisions

COSTS
Metropolitan Police v Logan (HHJ Serota, 31/10/02 and 20/9/03)

The EAT's power to award costs includes cases where the receiving party's costs are being met by a trade union. The fact that a union is paying the bill does not offend the indemnity principle.

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HUMAN RIGHTS
Pay v Lancashire Probation Service (HHJ McMullen, 29/10/03)

Mr Pay was a probation officer, responsible (amongst other things) for dealing with sex offenders and their victims. In his spare time, he ran a company selling bondage, domination and sado-masochism merchandise through a website. He also had involvement with a club called 'Club Lash'. The probation service dismissed him on the grounds that his extra-curricular activities, advertised in the public domain, were inconsistent with the duties of a probation officer dealing with victims of sex crimes and would bring the probation service into disrepute. The tribunal found the dismissal was fair and, in particular, did not offend Mr Pay's rights under the European Convention of Human Rights.

The EAT upheld the finding of a fair dismissal. Article 6 (right to private life etc.) was not engaged because, by advertising on a web-site, Mr Pay's activities had been brought into the public domain. Although article 10 (freedom of expression) was engaged, the EAT upheld the tribunal's conclusion that the probation service's right to uphold its reputation, when balanced against Mr Pay's right to freedom of expression, meant that the probation service was entitled to dismiss him.