Recent Case Law

Sunday 15th August 2010

Britain's Got Talent Contestant sues Simon Cowell

It has been reported that Emma Amelia Pearl Czikai, a former contestant on Britain’s Got Talent is suing Simon Cowell for £2.5 million because she was humiliated and degraded on the show*. Czikai lodged a claim in the employment tribunal in January and argues that the (unsuccessful) audition amounted to a job interview. Her claims included disability discrimination and she seeks compensation including loss of earnings and injury to feelings. The former nurse claims that she was not given a fair audition and her performance suffered as a result of cervical spine neuritis, which can cause head and shoulder pain and which affects her ability to hear her own singing voice in noisy environments such as the audition arena.

The outcome of this case will be interesting given the floodgates that will open for such talent shows in the event that Ms Czikai is successful!

*The Guardian 22nd July 2010

Brown v Careham Hall

The Employment Appeal Tribunal held that stigma damages will only be awarded where the employee's difficulty in finding new employment is attributable to the dismissal.

In this case Mrs Brown was automatically unfairly dismissed during her notice period in the midst of allegations that she was rough with the residents. Mrs Brown claimed that Careham Hall had jeopardised her new job by giving her an unfavourable reference. The EAT concluded that even if she had not been unfairly dismissed, her employer would still have given her an unfavourable reference. Therefore it could not be said that the difficulties she experienced in obtaining new employment were attributable to the dismissal.

Seldon v Clarkson, Wright and Jakes

The Court of Appeal handed down its decision in this case concerning whether a partnership could justify a mandatory retirement age of 65. Mr Seldon argued that the requirement for him to retire at 65 was in contravention of the Employment Equality (Age) Regulations 2006. The decision was that the requirement was age discrimination but that it was justified as a proportionate means of achieving a legitimate aim.

Author: Administrator

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