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You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Lynn v Rockeby School Governors & Ors [2001] EWCA Civ 1816 (21 November 2001) URL: https://www.bailii.org/ew/cases/EWCA/Civ/2001/1816.html Cite as: [2001] EWCA Civ 1816 |
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COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE EMPLOYMENT APPEAL TRIBUNAL
The Strand London Wednesday 21 November 2001 |
||
B e f o r e :
and
LORD JUSTICE BUXTON
B E T W E E N:
____________________
DR JOHN LYNN | ||
Applicant | ||
- v - | ||
(1) ROCKEBY SCHOOL GOVERNORS | ||
(2) LONDON BOROUGH OF NEWHAM | ||
(3) SECRETARY OF STATE FOR EDUCATION & EMPLOYMENT | ||
Respondents |
____________________
Smith Bernal, 190 Fleet Street, London EC4A 2HD
Telephone 020 7421 4040
Official Shorthand Writers to the Court)
____________________
Crown Copyright ©
Wednesday 21 November 2001
"We must bear in mind the limited nature of the issues permitted to come forward to this full hearing. We trust that we have now dealt with, at any rate, all the main points that have come forward to us; we have been able to find no error of law on the Employment Tribunal's part, relative to the issue that was allowed to come forward and accordingly we must dismiss the appeal."
(1) The Appeal Tribunal failed to use its powers to give effect to his rights under the European Convention on Human Rights and committed an error of law under section 3 of theHuman Rights Act
1998 by failing to give effect to those rights when exercising its powers under statute.
(2) The Appeal Tribunal is required to give effect to his Convention rights under section 2 of the Employment Tribunal Act 1996 and failed to do so.
(3) The Appeal Tribunal failed in its obligation under the
Human Rights Act
to contemplate the scope of jurisdiction of the tribunal below and that tribunal's failures of a fair hearing.
(4) There were breaches of section 6(1) of the
Human Rights Act 1998 and proceedings by way of section 7(1) may be brought by exercising a right of appeal.