Rocca v Poste Italiane SpA

European Union Employment. The Court of Justice of the European Union made a preliminary ruling concerning the interpretation of cll 2 and 5 of the Framework Agreement of fixed-term work, concluded on 18 March 1999 (the Framework Agreement) set out in the Annex to Council Directive (EC) 1999-70 of 28 June 1999 (concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP). The request had been made in proceedings between Mr Della Rocca and Poste Italiane SpA (Poste Italiane) concerning the employment relationship established with the latter.

Vaughan v Lewisham Borough Council and others

Libel and slander Injunction. The claimant applied for an interim injunction in libel and harassment against the defendants, who had been involved in managing the claimant or otherwise involved in her dismissal. The defendants sought a stay of the libel action pending resolution of employment tribunal proceedings. The Queen's Bench Division, refused the injunction and stayed the proceedings.

Patel v South Tyneside Council and others

Employment Unfair dismissal. The employee, a teacher, was made redundant, and made a number of claims relating to unfair dismissal and race discrimination. His claims were dismissed. He appealed to The Employment Appeals Tribunal (the EAT). The EAT held that the tribunal had not erred in its decision, and hence the appeal would be dismissed.

*O'Flaherty v Revenue and Customs Commissioners

Tax Appeal. The Upper Tribunal (Tax and Chancery Chamber) (the tribunal) allowed an appeal by the taxpayer proprietor of a pub and hotel against a decision by the First-tier Tribunal (Tax Chamber) (the FTT) to refuse him permission to appeal out of time. The tribunal decided that the FTT had erred in the correct approach to be adopted in relation to such applications. Accordingly, the matter was remitted to a new panel of the FTT for the parties to present their respective cases afresh.

Dhunna v Creditsights Ltd

Employment Unfair dismissal. The Employment Appeal Tribunal, in allowing the employee's claim against the employment tribunal's decision that it did not have territorial jurisdiction to hear his claim for unfair dismissal, held that the relevant authorities had subsequently developed the law under which the employment tribunal had made its decision so that its decision had to be revisited.

*R (on the application of Rhodes) v Police and Crime Commissioner for Lincolnshire

Police Discipline. The Administrative Court held that the defendant Police and Crime Commissioner had fundamentally erred in his assessment of allegations made against the claimant, the Temporary Chief Constable of Lincolnshire Police, which had led to the defendant suspending the claimant from duties. The interpretation of allegations adopted by the defendant to the effect that the claimant had dishonestly attempted to secure a settlement in employment tribunal proceedings relating to a fellow officer had not been supported by the documents relied upon, and it had been remarkable that there had been no mention of the claimant's impeccable character and reputation in the defendant's decision to suspend him for alleged dishonesty.

*Knowledgepoint 360 Group Ltd v Revenue and Customs Commissioners

Social security Contributions. The Upper Tribunal (Tax and Chancery Chamber) (tribunal) allowed the Revenue and Customs Commissioners' (the Revenue's) appeal against the decision of the First-tier Tribunal (Tax Chamber) (FTT). The tribunal reversed the FTT's decision to allow the taxpayer company's appeal against the Revenue's decision that payments made by the trustees of an employee benefit trust to employees of the taxpayer company had not constituted a gratuity and had therefore been liable to deductions in respect of primary and secondary Class 1 national insurance contributions.

Foster v Cardiff University

Employment Disability. The Employment Appeal Tribunal held that the employment tribunal had correctly dismissed the employee academic's claim for disability discrimination as it had correctly applied the law of the duty to make reasonable adjustments.

Lemonious v Church Commissioners

Employment Unfair dismissal. The employment tribunal decided that the employee had been unfairly dismissed but had not awarded him any compensation. The Employment Appeal Tribunal allowed the employee's appeal and the matter was remitted to the same tribunal for reconsideration of the issue.

Chacko v London City Airport

Employment Unfair dismissal. The Employment Appeal Tribunal held that the employment tribunal had correctly construed and applied the relevant statutory test when it granted the employee's application for interim relief pending the hearing of his claim for unfair dismissal, on the grounds that his dismissal had been because of his trade union activities.