Advice On Employment Law In The UK

 In Employment - Case Study

Advice On Employment Law – ML Solicitors; Are you seeking expert advice on employment law at your organisation in the UK? Then you should make a no obligation call to the highly qualified and experienced legal professionals at Oakwood Solicitors who could use their expertise in the fields of employment law to offer advice that is tailored to suit your business needs along with guidance and assistance in a wide range of matters concerning employment legislation.

On February 25 2013 Pay and Benefits Magazine published an article that outlined a recent appointment tribunal hearing ? Kirkham v Outward Housing Ltd [2013] All ER (D) 237 (Jan).

The article summarises that "The employee wished to move the venue of the hearing the area to his home due to his wife’s medical condition. However the judge refused the request. An appeal ensued."

It explains that "The employee brought proceedings and sought a transfer of the case to a location near to his home. The application was refused. Around six days before the prehearing review the employee sought a postponement of the hearing. Further he repeated his request that the case be transferred and contended that his wife’s medical condition required him to be near her. A couple of days later the employee provided the tribunal with the medical report. The tribunal refused the employee’s request for a postponement. The employee appealed."

Are you an employer who requires expert legal advice on employment law following a dispute with an employee at your organisation in the UK? Then don?t hesitate to consult with the highly skilled legal team at Oakwood Solicitors over a no obligation call as our professionals could use their vast knowledge and experience in the fields of employment and commercial law to provide the accurate advice and guidance that you require along with assistance and representation to work to ensure the best interests of your organisation are protected.

The above-mentioned article explains that the issue with this particular case was "whether the tribunal judge had erred in the exercise of her discretion" and it is reported that the appeal would be allowed.

It goes on to say that "The established principle is that the appellate courts had to recognise that a decision that were interested to the discretion of the court such as whether to grant an adjournment different courts might disagree without either being wrong far less having made a mistake in law".

If further adds "Such decisions were essentially challengeable only on what might loosely be called Wednesbury grounds. Applying the Wednesbury test the question whether to adjourn on the basis of medical material which had publicly been linked to the employee’s partner had never been considered by the judge". It was concluded that the appeal would be remitted for further consideration and re-determination.

If you require outstanding legal advice on alternative dispute resolution methods you should consult the employment and commercial law specialists at Oakwood Solicitors to discover how our dedicated team could provide the guidance and assistance that you need to achieve the best possible outcome available to your organisation within the UK following a dispute with an employee by calling: 0113 200 9720.


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