The tricky law case – Must learn!

Pename Ltd v Patterson – (LETTER CASE)

Madam Chairman, with regards to the Pename case cited by my learned friend opposite I would like to point out that;

The contents of the letter, however, do not provide evidence of any provision in the applicant’s contract of employment authorising the deduction which was made. A letter from an employer cannot impose such a term unilaterally. We are not persuaded that the applicant ever agreed to such a deduction being made from his wages.

There is no statutory provision under which the deduction made could be required or authorised and there is no suggestion that the applicant had signified in writing his agreement or consent to the making of it. applicant’s complaint is well founded and the deduction remains unlawful.

 

Case Info:He complained pursuant to the Wages Act 1986 s.5 that the employers had made a deduction from his wages contrary to s.1(1) of the Act.

A letter was sent he applicant has not at any time signed or put into writing any document with reference to the terms of his employment. The respondents claim to have given to the applicant a letter dated 23 July which stated:–

 “Should you wish to terminate your employment then a week’s notice must be written out and worked. In the event of a default of the above, a week’s wages will be forfeited.”

The applicant who goes by the name of Mobile mechanic London denies that he ever received such a letter, but, having heard both parties, we prefer the evidence of Mr. Cassidy and find that such a letter was given to the applicant on about that date.

As the tribunal finds that the deduction was not required or authorised by any relevant provision in the contract of employment, it follows that the

It is abundantly clear, on the facts of the present case, that there was no previous agreement signified in writing to the making of the deduction or the forfeiture of the week’s wages; therefore, the employee succeeded

 

Citizenship

PUBLIC LAW 2 Exam Revision

British Citizenship 

[British Nationality Act 1948]

Before 1948 the common law & then early statutes embodied concept that all persons born in British territory were subjects. Early legislation also ruled on acquisition of British nationality & loss of it. 1948 Act was intended to harmonise British law with that of the newly independent colonies whereby persons would be both citizens of the ex-colony & of the Commonwealth with rights to enter UK.

Only British citizens have a right to reside/abode. to come & go & work in UK without immigration control and not liable to deportation.

British citizenship is acquired by; Birth, Adoption, Registration, Descent or Naturalisation

Birth – A legitimate child born in the UK one of which parents is already a British Citizen or is “settled” in UK or is in the armed forces at time of birth assumes British citizenship.

Adoption – A child under the age of 18 [Family Law Reform Act 1969] adopted by a British Citizen becomes a BC from date of adoption order.

Descent – A child born outside the UK becomes a citizen if one of his/her parents is a BC, provided that parent has not acquired citizenship through descent. The child will only acquire citizenship if the parent is an employer of the Crown or other designated services.

Registration – A child born in the UK who are not automatically entitled to citizenship through birth have a right to be registered as citizens at the age of 10, provided child has not been absent from UK for more than 90 days in each of the first 10 years. Applications for nationality by registration must satisfy the Sec of state that they are of “good character”

Naturalisation – [British National Act 1981] (Long term resident of good character) A 5 year residence period is a precondition for applying for Naturalisation. No application may be granted unless applicant made necessary oath and pledge loyalty to UK upholding democratic values and obeying its laws.

Aliens may not vote, hold public office, join civil service or armed forces [without special consent], Aliens are liable to expulsion or internment in time of emergency/War & confiscation of property

Discretionary decision by Home Secretary No appeal, no tribunal system Judicial review competent only in limited number of cases

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Public law changes

PUBLIC LAW 2 Exam Revision                                                                                          

[Human Rights Act 1998]

The HRA incorporated rights protected in the European Convention of HR 1950 into domestic law, thus providing a code of human rights which is enforceable in domestic court.

HRA – a comprehensive collection of essential and enshrined basic rights of various kinds –

– Civil rights (to education, property, family, fair trial etc)

– Political rights (to vote, beliefs, assembly/association)

– Protections (torture, slavery, punishment without law)

– Liberties, Freedoms (expression, assembly, from arrest

Section 1 – Sets out which articles of the convention are to be incorporated in the act which include articles 2-12 and 14-16. These rights are to be guaranteed and subjected to certain limitations.

Section 2 – All courts are required to take into consideration the entire jurisprudence of ECHR and Commissions etc.

Section 3 – Most crucial, all primary and secondary legislation whenever enacted must be constructed and given effect to be compatible with convention rights in section 1

This can be seen in the case of [ Mykowi & others v Botterill 2010]

Step parents who had a family life with step children entitled to claim [even if step child not accepted as if a child of the step parent as such, still had a family life although no obligation of aliment or PRRs].

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