Thursday 13 January 2000

Homosexuals in Armed Forces and EAT decisions

CONTENTS
1. Homosexuals in the armed forces
2. EAT decisions

1. Homosexuals in the Armed Forces
As reported on 13th December (see bulletin of that date), the government has now published its code of conduct relating to homosexuals in the armed forces.

A copy of the full press release, including the Code, is attached to this bulletin.

2. EAT decisions
Only one decision of interest placed on the EAT website this week (http://wood.ccta.gov.uk/eat/eatjudgments.nsf):

DSS v Photay [Lindsay J., 24th November 1999]: Appeal against a decision to extend time in an SDA and RRA claim. The EAT held that "the most important issue of all" is "whether or not a trial of the issues can fairly be carried out". Perhaps more controversially, the EAT made its decision to dismiss the claims against four of the five Respondent's conditional upon the remaining Respondent giving certain undertakings to the employee's solicitors within seven days of the EAT decision, failing which the matter should be remitted for further argument before the EAT. It is by no means clear that the EAT has power, under statute, to make such a conditional order.

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