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What does this mean..."relevant case law"

6 replies

fizzymilk · 02/02/2012 23:51

I'm reading a post from a different forum. What is "relevant case law?" It's in the context of this snippet of a post below.

"...They are correct- and very wised up! Few employers know the relevant case law. Is this public sector? Until you are at risk then Reg 10 does not kick in, so by delaying the at risk notice, which could only really be done by an organisation large enough to have a redeployment register (hence the question about public sector) then you are not protected. However, that does not leave them entirely clear of sex discrimination allegations - as you point out they should make some adjustments to the process to enable you to compete on a level gtound, but I would recommend that you start the ball rolling by asking how they intend to do this. In writing of course."

OP posts:
JoantheFennel · 02/02/2012 23:57

Watching

fizzymilk · 03/02/2012 00:04

oh thought I posted my previous reply anyway will post again. JoantheFennel. In what sense "watching?" Sorry new to all this employment law stuff.

OP posts:
OldLadyKnowsNothing · 03/02/2012 00:13

I think Joan is just "watching" this thread as it may be of interest to her. In England, much civil law (as opposed to criminal law) is decided, and altered, by "case law", ie it is open to interpretation by the judge who tries the first case. Where "the law" is not totally clear (and it should be, but y'know, humans being human and all that) it becomes more clearly defined by the first case and how it is decided.

Not sure I helped much, but I'm Scottish, and our legal system is (and always has been) different.

fizzymilk · 03/02/2012 00:26

OldLadyKnowsNothing, thanks I see that's what Joan meant.

I think I understand better about case law now. what would happen in this scenario: if case 2 is defined by case 1, can case 3 be redefined because a different judge doesn't agree with ruling of case 1 and 2? Or is it that they have to use whats already been defined and add exceptions.

Hope i'm making sense

OP posts:
bdaonion · 03/02/2012 00:53

This reply has been withdrawn

This has been withdrawn by MNHQ at the poster's request.

prh47bridge · 03/02/2012 06:07

The level of the court is also significant. A court is bound to follow any precedent set in a higher court. A precedent set in a court at the same level is persuasive but not binding. So, for example, if a civil case is being heard in the county court, decisions in other cases by other county courts would be taken into account but the court can arrive at its own decision. However, if the Supreme Court has ruled on the particular point, the county court must follow that ruling.

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