Jurisdiction

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  • Human rights: Tribunal lacked jurisdiction to hear claims brought by member of armed forces

    Date:
    15 March 2002
    Type:
    Law reports

    In Melbourne v Ministry of Defence the EAT upholds an employment tribunal's decision that it lacked jurisdiction to hear unfair dismissal and race discrimination claims that related to an individual's service in the armed forces.

  • Exclusions and qualifications: Jurisdiction to hear out-of-time complaint based on new grounds

    Date:
    15 May 2001
    Type:
    Law reports

    The moment at which an employee first develops a belief in a right to complain of unfair dismissal, on any ground, does not fix for all time and for all purposes, including any grounds of complaint then still unknown but subsequently discovered, the point of time at which it became "reasonably practicable" for the employee to present a complaint, holds the Court of Appeal in Marley (UK) Ltd and another v Anderson.

  • Settlements: Compromise agreement excluded employee's contractual claim

    Date:
    1 February 2001
    Type:
    Law reports

    An employee who entered into an agreement with his employer to accept a payment "in full and final settlement of any claims" against the employer arising out of his employment or its termination, had effectively compromised any claim for damages for breach of contract and so could not pursue such a claim before an employment tribunal, holds the EAT in Sutherland v Network Appliance Ltd and another.

  • Exclusions and qualifications: British Transport Police excluded from unfair dismissal provisions

    Date:
    1 February 2001
    Type:
    Law reports

    An employment tribunal did not have jurisdiction to hear a complaint of unfair dismissal brought by a sergeant in the British Transport Police, the EAT holds in Spence v British Railways Board.

  • State immunity: Tribunal claims were not precluded by State Immunity Act

    Date:
    15 December 2000
    Type:
    Law reports

    In holding that the Greek School of London and the Republic of Greece were immune from unfair dismissal proceedings, an employment tribunal misapplied the provisions of the State Immunity Act 1978, holds the EAT in Glinoer and another v The Greek School of London and the Republic of Greece.

  • State immunity: No clear and unequivocal submission to UK jurisdiction

    Date:
    15 December 2000
    Type:
    Law reports

    Under the State Immunity Act, the United States of America was immune from unfair dismissal proceedings brought by a British former employee at the US embassy in London, holds the EAT in United States of America v Mills. The employee's contract of employment contained words which, at most, amounted to an acknowledgement that his contract was governed by United Kingdom law, but it contained nothing that could be construed as a clear and unequivocal submission by the USA to the jurisdiction of the UK courts under s.2 of the Act.

  • State immunity: Driver/interpreter was employed as member of state mission

    Date:
    15 December 2000
    Type:
    Law reports

    A driver employed at the Saudi Arabian Embassy in London, whose job involved translating from Arabic to English and vice versa for the benefit of his passengers, was a member of the administrative staff of the mission for the purposes of the State Immunity Act, rules the Court of Appeal in Nasser v The Government of the Kingdom of Saudi Arabia.

  • Race discrimination: Complaint of unlawful discrimination can survive complainant's death

    Date:
    15 April 2000
    Type:
    Law reports

    In Harris v Lewisham & Guy's Mental Health Trust, the Court of Appeal holds that a complaint brought under the Race Relations Act 1976 could survive the death of the complainant.

  • Exclusions and qualifications: Employee "ordinarily worked" outside Great Britain

    Date:
    1 October 1999
    Type:
    Law reports

    The question as to where an employee who was employed either under a series of separate contracts or a series of variations of a contract "ordinarily worked", had to be answered by looking at the terms applicable during a particular period and at the place where the employee was actually performing his work, holds the Inner House of the Court of Session in Kelvin International Services Ltd v Walker.

  • Claim dies with applicant

    Date:
    1 July 1999
    Type:
    Law reports

    In Lewisham & Guys Mental Health NHS Trust v Andrews (26 March 1999) EOR86C, the EAT has ruled that a race discrimination complaint does not survive the death of the applicant.

About this topic

HR and legal information and guidance relating to the jurisidiction of the employment tribunals and courts.