Rosemary Connolly and Jenine McCourt, Rosemary Connolly Solicitors, Warrenpoint and Belfast write regular emails on GB case law that they think will interest employment lawyers and HR professionals. Sometimes they will discuss the importance of cases that we have already reported on via or weekly review emails. Other times they will refer you to entirely new cases that you might not have seen before.

Cases highlighted on this occasion are:

1. Doyle v North West London Hospitals NHS Trust [2012] UKEAT/0271 (Costs)
2. Halstead v Paymentshield Group Holdings Ltd [2012] EWCA Civ 524
3. Homer v Chief Constable of West Yorkshire Police [2012] UKSC 13

===============================================
1. Doyle v North West London Hospitals NHS Trust [2012] UKEAT/0271

COSTS

When ordering costs the Tribunal may have regard to the party’s ability to pay costs.

Following dismissal of the proceedings, the Tribunal made an order that the Claimant should pay for all of the Respondent’s costs (£60,000) without considering the Claimant’s ability to pay. The Claimant’s rep did not make any submissions at the time however the Claimant appealed.

The EAT held that the error was not the sum of costs but the fact that the Tribunal did not consider the Claimant’s ability to pay and that even if not raised by the Claimant, the Tribunal have a duty to consider.
http://www.bailii.org/uk/cases/UKEAT/2012/0271_11_2004.html

===============================================
2. Halstead v Paymentshield Group Holdings Ltd [2012] EWCA Civ 524

HIGH COURT & TRIBUNAL PROCEEDINGS

Where there is a threat of concurrent Tribunal and High Court proceedings but no High Court proceedings have commenced it is inappropriate to stay the Tribunal proceedings.

The Claimant had indicated an intention to lodge High Court proceedings arising out of the same facts. The Respondent asked the Tribunal for a stay of the proceedings pending the High Court action. The Tribunal agreed however the Claimant could not afford the High Court proceedings and asked for the stay to be removed, the Tribunal refused as did the EAT.

The Claimant appealed to the Court of Appeal. The appeal court decided that the stay should be lifted to allow the Claimant to pursue the Tribunal case as proceedings were not issued; only an intention was made.
http://www.bailii.org/ew/cases/EWCA/Civ/2012/524.html

===============================================
3. Homer v Chief Constable of West Yorkshire Police [2012] UKSC 13

AGE DISCRIMINATION

Mr Homer began working for the Police National Legal Base at the age of 51. At the time of recruitment there was no requirement to have a law degree if the employee had criminal experience. When the role was re-graded Mr Homer was informed that to achieve final promotion points that he had to have a law degree. At this stage he was 62. If Mr Homer had commenced the law degree part time whilst working it would have taken him 4 years, 1 year more than his retirement date.

Mr Homer lodged indirect discrimination proceedings.

The Tribunal and EAT agreed that it was not discriminatory as the issue was his retirement date not his age. The Supreme Court disagreed and held that retirement is directly related to age.
http://www.bailii.org/uk/cases/UKSC/2012/15.html

===============================================
Legal-Island would like to thank Jenine McCourt, who provided the main content of this email. Jenine is a partner in Rosemary Connolly Solicitors with offices in Warrenpoint and Belfast. Jenine works exclusively in employment law and can be contacted on 028 4175 3121 or 028 9066 0823.
http://www.solicitorsni.net/default.asp


Legal-Island
9 July 2012

The Belfast Telegraph sponsors Legal-Island's employment law and HR update email services. See the Belfast Telegraph online for all the latest business and employment news:
http://bit.ly/15BLCr

Legal-Island's 2012 Programme of Events is sponsored by Carecall NI. Carecall is a leading provider of employee support services - Counselling, People Management and Development, Conflict Resolution, Change Management, Outplacement and Career Transition Services:
http://bit.ly/r0epY0