Our website is set to allow the use of cookies. For more information and to change settings click here. If you are happy with cookies please click "Continue" or simply continue browsing. Continue.

Employment Law

Legal guidance - compliance - software

02 NOV 2012

Tayside Public Transport Company Limited v Reilly [2012] CSIH 46; (2012) EMPLR 159

Employment tribunals - outstanding disputes

30 May 2012

Court of Session

Clerk LJ, Lady Paton and Lord Drummond Young

Tribunal claims can be struck out by a tribunal at a pre-hearing review; but this is unlikely to be appropriate if there are outstanding disputes on the facts which could affect the outcome.

A bus-driver's route was diverted when his normal route was closed off. The route he took led to an overhead pedestrian walkway. The bus collided with the walkway causing significant damage. The driver was dismissed. A tribunal struck the claim out at a pre-hearing review saying that dismissal was clearly justified because of the amount of the damage. However, the driver claimed he had been told to take the route he in fact took. That route would have been appropriate for a single-decker bus but when he was provided with a double-decker bus he was not advised to take a different route. Because this was a significant factual dispute between the company and the driver, the EAT and Court of Session held the claim should not have been struck out.

EU & International Employment Law

EU & International Employment Law

"A very welcome addition to the very limited range of material available on domestic employment...

More Info £1,348.00
Available in Lexis®Library
Drafting Employment Documents for Expatriates

Drafting Employment Documents for Expatriates

Examines how employment documents can be used to help manage home and host country immigration,...