Employment law in Berkshire

 

Employment law is a complex area of law which is governed by statutes and case law. In the English common-law system, the law depends on case law in order to develop. An example of how these particular complexities develop can be found in a court case from Berkshire. Employment law cases are usually heard by an Employment Tribunal (ET) and, if an appeal is pursued, appeals are commonly heard by an Employment Appeals Tribunal (EAT).

The case of East Berkshire Health Authority v Matadeen was an appeal brought to the EAT by the Health Authority because the authority was found to be non-compliant with an order to reinstate Mr Matadeen. The Health Authority was successful in their appeal because the EAT found that the earlier decision was not a reasonable one. In other words, the decision for the original order was based on accurate facts, but the conclusion was not reasonably drawn and can be said to be ‘perverse’. This ruling is significant because of its procedural impact and its contribution to the principles of decision making in employment cases. A decision of an ET can now be appealed not only if the decision is based on inaccurate facts, but also in cases where the decision reached is not a reasonable one or is ‘perverse’.

If you are involved in a work-related dispute your case could be influenced by the decision of the EAT on this case from Berkshire. Employment law solicitors will depend on past cases in order to guide them and to ensure that their case is one that will likely be successful in the tribunal. Through cases which develop the procedural and appeal principles of the law, such as the case from Berkshire, employment law itself develops alongside changes to statute law. For this reason, it is important to use a specialist solicitor who is experienced in employment law.  

If you would like to obtain legal advice on employment law, Contact Law can put you in touch with a local employment law solicitor free of charge. So, if you have any questions or would like our help in finding local employment law solicitors please call us on 0800 1777 162 or complete the web-form above.

 

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