Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Shared parental leave
    • Redundancy
    • Maternity & Paternity
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
    • OHW Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+

Personnel Today

Register
Log in
Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Shared parental leave
    • Redundancy
    • Maternity & Paternity
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
    • OHW Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+

Case law

X v Y, CA, 28 May 2004, EWCA Civ 662

by Eversheds HR Group 22 Jun 2004
by Eversheds HR Group 22 Jun 2004

Criminal activity ‘not private’: The employee worked for a charity involved in the personal development of young offenders and those at risk of offending.

In 2001, the charity discovered that six months earlier, he’d been arrested and cautioned for a sexual offence with another man in the toilets of a motorway service station, and his name had then been placed on the Sex Offenders Register.

He was dismissed for gross misconduct for concealing it from his employer. He brought a claim for unfair dismissal, citing Article 8 of the European Convention on Human Rights (right to respect for private life) and Article 14 (prohibition of discrimination).

His claim was dismissed by the tribunal, the EAT and the Court of Appeal. The Court held that Article 8 did not apply as the offence had not taken place in private, but in a transport café, and it should have been disclosed to his employer.

Without Article 8, Article 14 became irrelevant. Lord Justice Mummery said that it would be advisable for employment tribunals to deal with points raised under the HRA in a more structured way than had been adopted in this case, and he suggested a framework for tribunals to adopt.

Avatar
Eversheds HR Group

previous post
Auto-motivation
next post
Believing in the workers

You may also like

School discriminated against Christian caretaker who tweeted against...

3 May 2022

Philosophical belief: barrister’s tribunal claim against Stonewall begins

26 Apr 2022

EAT hears David Mackereth’s appeal against trans pronouns...

29 Mar 2022

Trade union detriment: action short of dismissal is...

25 Mar 2022

Rail inspector with ‘shy bladder syndrome’ wins £90,000...

16 Mar 2022

Pimlico Plumbers holiday pay ruling: four steps for...

9 Mar 2022

EAT hears appeal of Christian sacked for LGBT...

28 Feb 2022

Court of Appeal: agency workers do not have...

21 Feb 2022

Pimlico Plumbers loses holiday pay appeal in case...

1 Feb 2022

BNP Paribas to pay £2.1m to banker who...

31 Jan 2022
  • Apprenticeships are the solution to your recruitment problems PROMOTED | Apprenticeships have the pulling power...Read more
  • What it really means to be mentally fit PROMOTED | What is mental fitness...Read more
  • How music can help to ease anxiety at work PROMOTED | A lot has happened since March 2020, hasn’t it?...Read more
  • Why now is the time to plug the unhealthy gap PROMOTED | We’ve all heard the term ‘health is wealth’...Read more

Personnel Today Jobs
 

Search Jobs

PERSONNEL TODAY

About us
Contact us
Browse all HR topics
Email newsletters
Content feeds
Cookies policy
Privacy policy
Terms and conditions

JOBS

Personnel Today Jobs
Post a job
Why advertise with us?

EVENTS & PRODUCTS

The Personnel Today Awards
The RAD Awards
Employee Benefits
Forum for Expatriate Management
OHW+
Whatmedia

ADVERTISING & PR

Advertising opportunities
Features list 2022

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2022 DVV Media International Ltd

Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Shared parental leave
    • Redundancy
    • Maternity & Paternity
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
    • OHW Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+