In U v Butler and Wilson Ltd the Employment Appeal Tribunal considered whether the Employment Tribunal should have notified a litigation in person, who suffered from a mental disability, at an oral hearing that he was entitled to a short adjournment to consider how he wished to continue his claim. The Employment Tribunal had informed the Claimant of his right to apply for a review of the Tribunal’s decision but had failed to confirm that the application need not be made immediately and orally. The Tribunal failed to inform the Claimant that such application could be made in writing within 14 days of receiving the written reasons for the Judgment.
The case of Ashya King has been a big story in the press recently. Ashya’s parents removed him from hospital in the UK to be treated for cancer in a hospital in Prague, as a result of a disagreement in respect of his treatment.
Whether these actions were justified or not, it has raised the question of what rights parents have over their children, and when they can make decisions on behalf of their children in relation to medical treatment.
It has now been some time since the law relating to the issuing of Employment Tribunal claims changed. Before issuing a claim, the parties must first take part in ACAS Early Conciliation. ACAS has published statistics for the first quarter from 6 April to 30 June 2014 showing the uptake and results of its involvement.
In the case of Mardner v Gardner, Mr Mardner was the Director of a charity. He presented a claim in the Employment Tribunals against three members of the charity’s management committee for unpaid wages. The charity had run out of money which resulted in Mr Mardner’s dismissal. The Tribunal upheld Mr Mardner’s claim. The Employment Tribunal held that the Respondents’ defence was misconceived and that they had been unreasonable to maintain the position for as long as they did. Mr Mardner claimed his costs from the Respondents. The Employment Tribunal refused to award his costs as Mr Mardner had the benefit of legal expenses insurance which he had used to fund his claim and he had not suffered any financial loss.