Source: All England Reporter
Publisher Citation: [2011] All ER (D) 163 (Jan)
Neutral Citation: [2011] EWCA Civ 23
Court: Court of Appeal, Civil Division

Pill, Arden and Jackson LJJ

Representation Ingrid Simler QC (instructed by Radcliffes Le Brasseur) for the claimant.
  Adrian Lynch QC (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 24 January 2011


Magistrates - Clerk - Dismissal - Functions - Compensation scheme - Claimant justices' clerk's assistant claiming compensation following dismissal from courts' service - Employment tribunal finding claimant entitled to compensation - Judge finding tribunal correctly applying provisions relevant to entry into and payment under compensation scheme - Whether judge's decision correct - (Compensation) Regulations 1978, 1978/1682, regs 3(1)(b), 7, 12(1)(c).

The Case

Magistrates Clerk. The Court of Appeal, Civil Division, found that the Administrative Court had been correct in dismissing the Secretary of State's appeal, that the employment tribunal had correctly applied regs 3(1)(b) and 12(1)(c) of the (Compensation) Regulations 1978, , to the facts before it in finding that the claimant was entitled to long-term compensation in consequence of having been unfairly constructively dismissed from her job in the courts' service.

Practice Areas

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