Manson v Ministry of Defence

Manson v Ministry of Defence

An employment tribunal, when seized of a claim under the Part-Time Workers Regulations, has jurisdiction to determine whether Regulation 13(2) applies on the facts and, if raised, to consider whether that provision should be disapplied for incompatibility with Community law. The tribunal is not ousted from jurisdiction merely because Regulation 13(2) is invoked; it must address both factual and legal issues, including compatibility with EU law.

Parties
Claimant/appellant: Manson; Defendant/respondent: Ministry of Defence
Jurisdiction
England and Wales
Judgment Date
04 November 2005
Procedural Posture
Appeal From High Court (queen's Bench Division) / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Jurisdiction of Employment Tribunal, Part Time Workers Regulations, Direct Effect of EU Directives, Compatibility of Domestic Law With EU Law
Employment Law European Union Law Jurisdiction of Employment Tribunal Part Time Workers Regulations Direct Effect of EU Directives Compatibility of Domestic Law With EU Law

Case Brief

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Parties

Manson

Claimant/appellant

Ministry of Defence

Defendant/respondent

Procedural Posture

Appeal From High Court (queen's Bench Division) / Court of Appeal Judgment

Legal Issues

  1. 1 Whether an employment tribunal has jurisdiction to consider the compatibility of Regulation 13(2) of the Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000 with Directive 97/81/EC and to disapply it if incompatible
  2. 2 Whether the tribunal's jurisdiction is ousted by Regulation 13(2) in cases involving service as a member of the reserve forces

Ratio Decidendi

An employment tribunal, when seized of a claim under the Part-Time Workers Regulations, has jurisdiction to determine whether Regulation 13(2) applies on the facts and, if raised, to consider whether that provision should be disapplied for incompatibility with Community law. The tribunal is not ousted from jurisdiction merely because Regulation 13(2) is invoked; it must address both factual and legal issues, including compatibility with EU law.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; the tribunal had jurisdiction to consider the compatibility of Regulation 13(2) with Community law.