This week's case round-up from Eversheds, covering statutory grievance procedures.
This week's case round-up from Eversheds, covering constructive dismissal.
In Chaudhary v Specialist Training Authority appeal panel and others (No.2), the Court of Appeal holds that the Specialist Training Authority appeal panel provides a route to review of the Specialist Training Authority's decisions on the registration of specialist medical practitioners, and fulfils the requirements of Article 6 of the European Convention on Human Rights in being an independent and impartial tribunal.
In Crofts and others v Cathay Pacific Airways Ltd and others, the Court of Appeal holds that pilots who worked for a Hong Kong airline but who were based in or residing in England and who were subject to contracts of employment with a UK-based subsidiary of the airline could bring unfair dismissal claims in a domestic employment tribunal.
In Saggar v Ministry of Defence, the Court of Appeal holds that the whole period of an employee's contract of employment is to be taken into account when determining whether he or she has worked "wholly outside Great Britain" for the purposes of a race or sex discrimination claim.
This week's case roundup by Eversheds covers: racial discrimination and international claims.
In Miller Bros & FP Butler Ltd v Johnston, the EAT holds that an employment tribunal had no jurisdiction under the Employment Tribunals Extension of Jurisdiction Order 1994 to hear an employee's contractual claim under a compromise agreement made after the termination of his employment, because that was not a claim "outstanding on the termination of" his contract of employment, nor could it be said to "arise on" the termination.
In Weber v Universal Ogden Services Ltd, the European Court of Justice rules that, where an employee works in more than contracting state, the Brussels Convention requires that the place where he or she "habitually carries out . . . work", for the purposes of conferring jurisdiction in contractual disputes on the courts of that contracting state, must be the place where the employee performs the essential part of his or her contractual duties.
In Photis and Bruce v KMC Internatonal Search and Selection and the Department of Trade and Industry and Heyes v Lord Chancellor's Department, the EAT holds that a statutory office-holder cannot bring a claim for discrimination before an employment tribunal.
HR and legal information and guidance relating to the jurisidiction of the employment tribunals and courts.