Cases - Other
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Amery & Ors v Perth & Kinross Council & Anor - equal pay, statutory grievances and named comparators
10/02/12
Court of Session overrules EAT - for the purpose of the (now-revoked) statutory grievance procedures, formalities and restrictions more appropriate to court proceedings must not be carried into the stage one grievance. It is therefore not a valid objection to the tribunal's jurisdiction that comparators named in tribunal proceedings differ from those originally identified in the stage one grievance.
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Malcolm v Dundee City Council - just and equitable extension does not require "exceptional circumstances"
14/02/12
It is an overly strict - and wrong - interpretation of the statutory provisions regarding it being "just and equitable" to extend time to require "exceptional circumstances" before such an extension is granted.
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Towry EJ Ltd v Bennett & Ors - non-solicitation clauses, and demonstrating breach
14/02/12
A non-solicitation clause in an employment contract prevents ex-employees from directly or indirectly requesting, persuading or encouraging clients of their former employer to transfer their business to their new employer. Proving that they have done so, in breach of such a clause, will depend on the specific circumstances of each individual case.
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Bull & Bull v Hall & Preddy - religious beliefs did not justify sexual orientation discrimination
10/02/12
The on-going conflict between respect for sexual orientation and respect for religious beliefs: hoteliers were not entitled, on the grounds of their religious beliefs, to refuse to accommodate a same sex couple.
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National Secular Society & Anor, R (on the application of) v Bideford Town Council - Council prayers unlawful, but NOT discriminatory
10/02/12
The saying of prayers as part of the formal meeting of a Council is not lawful under Local Government Act 1972 sec 111, and there is no statutory power permitting the practice to continue. However, if it were lawful, the manner in which the practice is carried out in the circumstances of Bideford does not infringe either Councillor Mr Bone's human rights nor does it unlawfully discriminate indirectly against him on the grounds of his lack of religious belief.
