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22 March 2013
Issue: 7553 / Categories: Case law , Law digest , In Court
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Employment

Christou and another v Haringey London Borough [2013] EWCA Civ 178, [2013] All ER (D) 104 (Mar)

The appellant argued that there was no difference between contractual domestic disciplinary tribunals of the kind which regulated sporting and professional activities and the disciplinary body established by contractual agreement by the parties to an employment contract. She submitted that the principles of finality and fairness to a party were equally apposite to both. The Court of Appeal held that it was wrong to describe the exercise of disciplinary power by the employer as a form of adjudication. The purpose of the procedure was not “a determination of any issue which establishes the existence of a legal right”, as Lord Bridge put it in Thrasyvoulou v Secretary of State for the Environment [1990] 2 AC 273, nor was it properly regarded as “determining a dispute”.

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MOVERS & SHAKERS

Debevoise & Plimpton—Mary Lavelle

Debevoise & Plimpton—Mary Lavelle

Debevoise expands London secondaries team with addition of Mary Lavelle

Excello Law—Hestia Private Client

Excello Law—Hestia Private Client

Excello Law welcomes ex-Irwin Mitchell team to launch Hestia Private Client

Carpmaels & Ransford—Christopher Stothers

Carpmaels & Ransford—Christopher Stothers

Heavyweight patent litigator will bolster Carpmaels Ransford’s rapidly growing Litigation team as firm marks its 250th anniversary

NEWS
Lawyers have welcomed plans to create specialist rape and serious sex offences courtrooms at every Crown Court
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
Arbitration may be private, but its confidentiality is no impenetrable shield. Writing in NLJ this week, James Glaysher of Kingsley Napley examines when courts will permit arbitral material to surface in open litigation
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
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