Case Comment: Royal Mail Group Ltd v Jhuti [2019] UKSC 55, Part Two – UKSC Blog
‘There are a number of ways in which this judgment opens the door to arguments about its wider impact.’
UKSC Blog, 17th February 2020
Source: ukscblog.com
Category: reasons
Case Comment: Royal Mail Group Ltd v Jhuti [2019] UKSC 55, Part One – UKSC Blog
‘If an employee is dismissed on bogus grounds invented by someone more senior than her in the business, that person’s true reason for acting as they did will be the real reason for the dismissal, even if the decision to dismiss was made by another person acting in good faith in reliance on the bogus grounds.’
UKSC Blog, 17th February 2020
Source: ukscblog.com
Out of time but not out of mind – Nearly Legal
‘We saw the High Court in this case take an incredibly strict approach to homelessness section 204 appeal timescales (our report), deciding that seeking legal aid representation could not be a good reason for filing an appeal out of time because, well, the substance of any appeal should be obvious to an unrepresented homeless applicant. We expressed considerable doubts about the realism of this decision at the time. Now, as it turns out, the Court of Appeal has had similar doubts.’
Nearly Legal, 2nd February 2020
Source: nearlylegal.co.uk
Strike out decision sent back over judge’s ‘lack of adequate reasoning’ – Law Society’s Gazette
‘An employment tribunal has been ordered to look again at whether a claim against a law firm should continue, after the judge’s initial decision was found to be inadequately explained.’
Law Society's Gazette, 15th January 2020
Source: www.lawgazette.co.uk
Divorce reform swiftly returns to parliament – Law Society’s Gazette
‘The government has swiftly put long-awaited divorce reform back on the agenda after reintroducing legislation to end what the justice secretary called ‘needless antagonism’.’
Law Society's Gazette, 7th January 2020
Source: www.lawgazette.co.uk
s.103A and concealed reasons; Royal Mail v. Jhuti [2019] UKSC 55 – Parklane Plowden Chambers
‘The Supreme Court has confirmed that a Tribunal may find that the reason for the dismissal is something other than that given to the employee by the decision-maker – even where that reason is genuinely held by the decision maker; Royal Mail Group Ltd v. Jhuti [2019] UKSC 55 (“Jhuti”).’
Parklane Plowden, 9th December 2019
Source: www.parklaneplowden.co.uk
Automatic Unfair Dismissal: Can the reason for the dismissal be other than that given to the employee by the decision-maker? – Pallant Chambers
‘The question for the Supreme Court in Royal Mail Group Limited v Jhuti [2019] UKSC 55 was whether in a claim for unfair dismissal can the reason for the dismissal be other than that given to the employee by the decision-maker?’
Pallant Chambers, 5th December 2019
Source: www.pallantchambers.co.uk
The Reason Behind the Reason Behind the Decision to Dismiss – Littleton Chambers
‘The Supreme Court has allowed the appeal in Royal Mail Group Ltd -v- Jhuti [2019] UKSC 55 and has held unanimously that when deciding what was the reason for dismissal in unfair dismissal, it may not be enough simply to consider what was subjectively in the mind of the decision-maker. In a unanimous decision delivered by Lord Wilson (Lady Hale (President), Lord Carnwath, Lord Hodge and Lady Arden concurring) the Supreme Court has held that where the real reason is hidden from the decision-maker behind an invented reason, the court must penetrate through the invention and decide upon the basis of the real reason [paragraphs 60-62 of the Judgment]. ‘
Littleton Chambers, 27th November 2019
Source: www.littletonchambers.com
New Judgment: Royal Mail Group Ltd v Jhuti [2019] UKSC 55 – UKSC Blog
‘The appeal concerned the dismissal of Ms Jhuti from her employment by Royal Mail Group Ltd. The key question of law that it raised was whether in a claim for unfair dismissal under Part X of the Employment Rights Act 1996, the reason for the dismissal can be other than that given to the employee by the employer’s appointed decision-maker.’
UKSC Blog, 27th November 2019
Source: ukscblog.com
Gliding Club’s successful challenge to approval of a residential barn conversion under the GPDO may have potentially significant implications under the Human Rights Act – Landmark Chambers
‘In a judgment handed down yesterday by Mr Justice Swift, Coventry Gliding Club were successful in their judicial review challenge to Harborough District Council’s grant of prior approval for a residential barn conversion next to their airfield. The change of use of the barn to a dwelling is permitted development under Class Q of Part 3 of Schedule 2 to the General Permitted Development Order but this is subject to an application for prior approval under paragraph W of that Schedule.’
Landmark Chambers, 14th November 2019
Source: www.landmarkchambers.co.uk
Court of Appeal allows appeal over care and placement orders over failure by judge to give adequately reasoned judgment – Local Government Lawyer
‘The Court of Appeal has allowed an appeal brought by a great-aunt from care and placement orders made by a judge at the conclusion of proceedings concerning a two-year-old boy, J.’
Local Government Lawyer, 19th November 2019
Source: www.localgovernmentlawyer.co.uk
Gliding club win legal challenge over prior approval for barn conversion – Local Government Lawyer
‘A long-established gliding club has won a Planning Court challenge over Harborough District Council’s decision to grant prior approval for a barn conversion on a site next to its airfield.’
Local Government Lawyer, 18th November 2019
Source: www.localgovernmentlawyer.co.uk
A short judgment must be a careful judgment… or risk a retrial – Practical Law Dispute Resolution Blog
‘It is sometimes said that a judgment is written for the losing party; all that the winning party cares about is that it has won. However, a recent Court of Appeal decision is a salutary reminder that when a judgment is not carefully written, the failure to give adequate reasons for the conclusions may lead to a retrial, and so give the losing party a second bite at the cherry. All litigants, winners and losers, should take note.’
Practical Law Dispute Resolution Blog, 1st October 2019
Joint article by The Hon Mr Justice Mostyn: Probability reasoning in judicial fact-finding – Courts and Tribunals Judiciary
‘Joint article by The Hon Mr Justice Mostyn: Probability reasoning in judicial fact-finding.’
Courts and Tribunals Judiciary, 29th October 2019
Source: www.judiciary.uk
Financial Remedy Update, September 2019 – Family Law Week
‘Rose-Marie Drury, Principal Associate, Mills & Reeve LLP analyses the news and case law relating to financial remedies and divorce during August 2019.’
Family Law Week, 6th September 2019
Source: www.familylawweek.co.uk
The necessity for structured decisions on disciplinary sanction – UK Police Law Blog
‘The Administrative Court has quashed a misconduct panel’s decision to impose a final written warning on the basis that the panel failed to follow the correct approach outlined in the College of Policing’s Guidance on Outcomes in Police Misconduct Proceedings (“the Guidance”): R (Chief Constable of Greater Manchester Police) v Police Misconduct Panel (HHJ Pelling QC, 13 November 2018). The case is on Westlaw but not Bailii. It is, however, a case of considerable importance. It states that when reaching a decision on disciplinary sanction, a panel must not only follow a structured approach to its decision making but show that it has done so in its written reasons.’
UK Police Law Blog, 10th July 2019
Source: ukpolicelawblog.com
Divorce: New law could lead to ‘spike’ – minister – BBC News
‘A new law could lead to a ‘spike’ in divorces, but the rate is ultimately like to “remain much the same”, the justice secretary has said.’
BBC News, 25th June 2019
Source: www.bbc.co.uk
Unlawful arrest – inadequate grounds for suspecting person to be guilty of an offence – UK Police Law Blog
‘Where a court finds a wrongful arrest, it is often due to inadequate grounds for belief in its necessity. However, a brief judgment in Smith v Police Service for Northern Ireland [2019] NIQB 39 is a demonstration of where there is a lack of reasonable suspicion that the person arrested has, themselves, committed the offence. Also of interest is the sum for damages – £3,550 for the unlawful arrest and ten hours’ consequent unlawful detention.’
UK Police Law Blog, 10th May 2019
Source: ukpolicelawblog.com
Financial Remedy & Divorce Update, May 2019 – Family Law Week
‘Rose-Marie Drury, Senior Associate, Mills & Reeve LLP analyses the news and case law relating to financial remedies and divorce during April 2019.’
Family Law Week, 14th May 2019
Source: www.familylawweek.co.uk
No necessity to arrest where person voluntarily attended police station – UK Police Law Blog
‘Every police officer knows they must have a reasonable suspicion that a person has committed an offence in order to arrest them. But that is only half of what is required. The second element is that they must have a reasonable belief in the necessity for the person’s arrest. The recent decision of Commissioner of the Metropolitan Police v MR [2019] EWHC 888 (QB) is one of a number of recent cases where appellate judgments have sought to tighten-up what the police must show in order to prove necessity.’
UK Police Law Blog, 30th April 2019
Source: ukpolicelawblog.com
