David J P Hay

Recent David Hay Inner House employment law case becomes essential reading


In line with the new Practice Direction for the Employment Appeal Tribunal (of 17 April 2012) a list of “Familiar Authorities” has been compiled which need not be produced by parties for their own appeals. The list contains frequently cited cases that are authoritative on a number of points.

Westwater Advocates’ David Hay recently argued the powers of an employment tribunal to ‘strike out’ a case before hearing evidence in Tayside Public Transport v Reilly in the Inner House http://www.scotcourts.gov.uk/opinions/2012CSIH46.html

This case has been included in the EAT’s Familiar Authorities List as an authoritative case in relation to Strike Out.

David said ” It is extremely encouraging to see that this Scottish case is seen by the EAT as the authoritative statement on strike out powers, particularly when the concept of strike out essentially forms part of English court procedure. It shows that both the Scottish courts and Scottish counsel are well equipped to deal effectively with the finer points of employment law.”

The Familiar Authorities List will be updated from time to time and can be accessed on the Ministry for Justice’s website at http://www.justice.gov.uk/downloads/tribunals/employment-appeals/familiar-cases.pdf