<
Latest in Employment Law>Case Law>Donovan v London Borough of Barking and Dagenham [2012] EXCA Civ 1375
Donovan v London Borough of Barking and Dagenham [2012] EXCA Civ 1375
Published on: 02/11/2012
Issues Covered: Discrimination
Article Authors The main content of this article was provided by the following authors.
Background This was a renewed application for permission to appeal. The Appellant had brought employment tribunal proceedings against the Borough of Braking and Dagenham, complaining of sex and race discrimination, harassment and detriment on the grounds that she had made a protected disclosure.At the Tribunal Employment Judge Jones disclosed to the Appellant that he was an acquaintance of the Borough‟s solicitor and asked if she wanted to have her case relisted before another Tribunal. After an adjournment Miss Donovan informed the Tribunal that she wished to continue with the present Tribunal. The Tribunal dismissed all her claims.The Appellant then appealed to the Employment Appeals Tribunal against the decision arguing that there had been a real possibility of bias due to the judge‟s friendship with the Borough‟s solicitor. The EAT rejected her appeal and she sought leave to appeal to the Court of Appeal, which was refused and reapplied on grounds that she had been deprived of her Art 6 right to a fair hearing.Miss Donovan argued that she had not realised that the judge had been referring to a friendship with a council employee, and had instead thought he meant he knew the respondent‟s counsel. She argued her election to waive her right to object had not been made with full information.She had however admitted that she realised the disclosure related to the council solicitor in her grounds of appeal in her first application for leave to appeal the Court and had argued her case on this basis. The Court found that it was not now open to her to argue her case on a different basis and did not grant leave to appeal.http://bit.ly/VMj1qr

Continue reading

We help hundreds of people like you understand how the latest changes in employment law impact your business.

Start your free trial now
Subscribe, or start free trial →
Already a subscriber?

Please log in to view the full article.

What you'll get:

  • Help understand the ramifications of each important case from NI, GB and Europe
  • Ensure your organisation's policies and procedures are fully compliant with NI law
  • 24/7 access to all the content in the Legal Island Vault for research case law and HR issues
  • Receive free preliminary advice on workplace issues from the employment team

Already a subscriber? Log in now or start a free trial

Subscribe or start free trial
Disclaimer The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article. This article is correct at 02/11/2012
Recent Case Law
Q&A
How to handle it
Legal Island’s LMS, licensed to you Imagine your staff having 24/7 access to a centralised training platform, tailored to your organisation’s brand and staff training needs, with unlimited users. Learn more →