This is a preview. To continue reading please log in or Register to read this article

EC law: Tribunals cannot hear Francovich claims

This report relates to 1 case(s)

  • expand disabled

    Potter and others v Secretary of State for Employment [1997] IRLR 21 CA (0 other reports)

An industrial tribunal has no jurisdiction to hear a "Francovich" claim for damages against the state for its failure properly to implement EC law, confirms the Court of Appeal in Potter and others v Secretary of State for Employment [1997] IRLR 21. In any event, the EC Insolvency Directive did not apply to protective awards for failure to consult on redundancies which related to periods of time after an employee's dismissal.