BCL Law Notes Commercial Remedies BCL Notes
These are detailed case summaries (excerpts from cases - not paraphrased) I made during the Oxford BCL for the Commercial Remedies course....
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Powell v. Brent London Borough Council
Facts
The plaintiff, Mrs. Paulina Powell, became employed by Brent London Borough Council in December 1983. Her conditions of employment at that time are said to include various procedures which the council have agreed to apply with reference to all the men and women working for the borough. They include what one would expect: the necessary period of notice for determination of the contract; disciplinary procedure for any breach of discipline, with rules and a system of appeal; and they also include the council's code of practice for the elimination of discrimination and the promotion of equal opportunity in employment.
Claimant’s application for promotion: In November 1986 the plaintiff was employed as a Senior Benefit Officer in South Kilburn. She was concerned with the administration of housing benefit. She saw an advertisement containing a description of the post to which I have referred. It represented significant promotion for her with a salary increase of about 3,000 per annum and advancement in responsibility. She applied. She was interviewed on 27 November 1986. Another candidate interviewed was Mr. Steve Barrett, who was also employed by the council as a Senior Policy and Training Officer (Housing Benefits). Mr. Connell informed the plaintiff by telephone that the appointment subcommittee had selected her. The plaintiff says that she was also told to report at her new place of work the next day.
The other candidate’s complaint: On 1 December Mr. Barrett, pursuant to his conditions of employment, inquired as to why he had not been selected for the job. Mr. Connell, in accordance with the code of practice, saw him. Mr. Barrett handed in a letter explaining his grievance. He believed himself to be better qualified for the job than the plaintiff.
Claimant told to re-apply: On 26 January the plaintiff was told of the decision of the subcommittee that the post be re-advertised. She was asked to re-apply for the job when it was re-advertised. The plaintiff says that she was distressed and upset. She responded in a letter dated 28 January 1987 which seemed to me to be a mixture of good sense and of angry allegations of dishonourable and improper conduct, including racist opposition to her as a black woman.
Holding
Claimant’s argument – seeking injunction
Put very shortly, her case was that if the council were allowed to advertise again and to fill the post she could not then be confirmed in the post, even if she won the case. She could recover damages for estimated loss of earnings. The common law rules relating to damages would preclude recovery for her disappointment at losing this important promotion and for the loss of her pleasure and satisfaction in doing more demanding and responsible work. The argument was that the preservation of her place in the post pending the trial of her right to it was therefore necessary to protect her from severe loss from which she could not be adequately protected by an award of damages.
Mutual Confidence Requirement – Principles
For my part on this issue I have reached the conclusion that the decision of Knox J. cannot stand. I have reached that conclusion with hesitation because it seems to me essentially unlikely for a plaintiff to be able to satisfy the court that, despite strenuous opposition by her employers to her continuing in her job, nevertheless there subsists the necessary confidence between her and her employers to justify the making of an injunction. The fact of the opposition is likely in my view to be a true indication of the absence of confidence, but as I said at the outset I think this is a most unusual case.
First I must state the principle which must, I think, guide our decision. It is clear to...
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These are detailed case summaries (excerpts from cases - not paraphrased) I made during the Oxford BCL for the Commercial Remedies course....
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