New EAT cases

Not much happens in August - just a few new EAT cases of interest...

These cases are unreported (although some may be reported in due course). All transcripts can be found at http://wood.ccta.gov.uk/eat/eatjudgments.nsf.


Barnes Thomas & Co -v- Leavesley [13.7.2000, HHJ Peter Clark]

What happens to employees of a solicitors' firm when the firm is intervened in by the Law Society? Are they deemed to be dismissed, under section 136(5) of the ERA 1996, for the purpose of redundancy? The EAT thought not in this case, and that the contracts of employment remained operative. However, it remitted the case back to the ET for further consideration on the facts, and to allow the Law Society to make representations.


Charnos v Donnelly [27.7.2000, Lord Johnson]

In a conduct dismissal, the employer promised an 'informant' employee that his identity would remain confidential. The tribunal ordered the employer, who was giving evidence, to produce documents and answer questions that would identify the employee (it not being possible to anonymise the relevant document). The EAT held that the interests of a full and fair hearing will not always override an employer's desire to honour a promise of anonymity. It reversed the tribunal's decision and held that the employer did not need to produce the documents or answer the questions.


Clark v Watford Borough Council [4.5.2000, HHJ Peter Clark]
Another example of the EAT saying that employment tribunals should only allow applications of 'no case to answer' in the rarest circumstances, and that it is usually incumbent on the tribunal to hear both parties' evidence before deciding the case.



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