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New EAT cases

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Not much happens in August - just a few new EAT cases of interest...

These cases are unreported (although some may be reported in due course). All transcripts can be found at

Barnes Thomas & Co -v- Leavesley [13.7.2000, HHJ Peter Clark]

What happens to employees of a solicitors' firm when the firm is intervened in by the Law Society? Are they deemed to be dismissed, under section 136(5) of the ERA 1996, for the purpose of redundancy? The EAT thought not in this case, and that the contracts of employment remained operative. However, it remitted the case back to the ET for further consideration on the facts, and to allow the Law Society to make representations.

Charnos v Donnelly [27.7.2000, Lord Johnson]

In a conduct dismissal, the employer promised an 'informant' employee that his identity would remain confidential. The tribunal ordered the employer, who was giving evidence, to produce documents and answer questions that would identify the employee (it not being possible to anonymise the relevant document). The EAT held that the interests of a full and fair hearing will not always override an employer's desire to honour a promise of anonymity. It reversed the tribunal's decision and held that the employer did not need to produce the documents or answer the questions.

Clark v Watford Borough Council [4.5.2000, HHJ Peter Clark] 
Another example of the EAT saying that employment tribunals should only allow applications of 'no case to answer' in the rarest circumstances, and that it is usually incumbent on the tribunal to hear both parties' evidence before deciding the case.




2 Gray's Inn Square Chambers invite you to two seminars on the Human Rights Act 1998, on 13th and 27th September 2000.

The following topics will be covered:

Part 1 - 13th September

• an overview of the Human Rights Act
• principles and interpretation
• making a Human Rights claim
• judicial approaches

Part 2 - 27th September

The practical impact of the Human Rights Act on:
• employment
• civil litigation
• crime
• children proceedings and ancillary relief
• housing


The Conway Hall, Red Lion Square, Holborn WC1


£90 + VAT (totalling £105.75) for Part 1 and Part 2
£50 + VAT (totalling £58.75) for one part only.

For further information and a booking form, please contact Martin Poulter, senior clerk, on 020 7440 8450 or via Email on