U appealed against an injunction preventing strike action which arose from non-compliance by U with statutory provisions in relation to pre-strike notices to the employer M. U argued the statutory provisions amounted to a disproportionate interference with U’s rights under Article 11. Court of Appeal rejected the appeal, holding the provisions to pursue a legitimate aim and to be proportionate.
Art. 11 Freedom of Assembly and Association, Employment and Industrial Relations LawArticles in: Employment and Industrial Relations Law
Fiona Davidson v Dallas McMillan
August 6, 2009 | No Comments4 August 2009
This was an appeal from the Employment Appeal Tribunal. A tribunal involving allegations of sexual discrimination, and subject to a restricted reporting order, settled before the evidence was all heard. A journalist asked that the RRO be lifted. The respondents, a law firm, and the individual, B, accused of perpetrating the behaviour complained of, objected that she had …
Pay v United Kingdom
May 7, 2009 | No Comments
A probation officer involved in the treatment of sex offenders was dismissed as a result of his connection with an organisation involved in bondage, domination and sadomasochism and an associated website. His activities took place in a club which was open to the public. His dismissal engaged both Article 8 and Article 10 but was a proportionate measure in the …
McCall v Scottish Ministers
April 26, 2009 | No Commentsthe petitioner sought judicial review of the manner of introduction of the Criminal Legal Aid (Scotland) (Fees) (Amendment) Regulations 2005[1] which set the rates for counsels’ fees in the criminal courts. The Scottish Legal Aid Board purported to apply the new Regulations to all fees where the proceedings were concluded on or after 4 April 2005 which meant that, where …
Employment and Industrial Relations Law, Protocol 1, Art. 1 Right to Private PropertyM v Chief Constable of Strathclyde
January 30, 2009 | No CommentsThe pursuer, who obtained employment in a kitchen and restaurant at a centre frequented by children, sought to interdict the Chief Constable from disclosing information to his employer third parties to the effect that he had been questioned by police and subsequently charged with offences involving illegal sexual conduct with three young girls.
Art. 08 Right to Private and Family Life, Child & Family Law, Employment and Industrial Relations Law, Police Law
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