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Human rights: Can employment tribunals properly determine claims against the Secretary of State?

This report relates to 1 case(s)

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    Smith v Secretary of State for Trade and Industry [2000] IRLR 6 EAT (0 other reports)

In Smith v Secretary of State for Trade and Industry 11.10.99 EAT 741/97, the EAT allows an appeal against an employment tribunal's decision that a claimant for a redundancy payment from the Secretary of State was not an employee, and gives him the opportunity to argue before the Court of Appeal that an employment tribunal cannot adjudicate upon his claim in accordance with the European Convention on Human Rights. In the EAT's view, having regard to Article 6 of the Convention, there is a real and troubling question as to whether or not employment tribunals may properly and lawfully adjudicate upon claims made against the Secretary of State.