Woodward v Abbey National Plc

Woodward v Abbey National Plc

The Court of Appeal held that its previous decision in Fadipe v Reed Nursing Personnel cannot stand with the House of Lords decision in Rhys-Harper v Relaxion Group Plc. Despite different statutes, the reasoning in Rhys-Harper regarding the protection of former employees from post-termination victimisation applies...

Source-derived case information.

Parties
Appellant: Diana Woodward; Respondent: Abbey National PLC
Jurisdiction
England and Wales
Judgment Date
22 June 2006
Procedural Posture
Appeal From Employment Appeal Tribunal / Judgment on Appeal
Outcome
Appeal allowed
Legal Topics
Protected Disclosure, Victimisation, Jurisdiction of Employment Tribunal, Statutory Interpretation
Employment Law Protected Disclosure Victimisation Jurisdiction of Employment Tribunal Statutory Interpretation

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 12 Party arguments 2
Sign in to unlock

Parties

Diana Woodward

Appellant

Abbey National PLC

Respondent

Procedural Posture

Appeal From Employment Appeal Tribunal / Judgment on Appeal

Legal Issues

  1. 1 Whether section 47B of the Employment Rights Act 1996 gives a right not to be subjected to detriment after the contract of employment has terminated
  2. 2 Whether the Court of Appeal is bound by its previous decision in Fadipe v Reed Nursing Personnel in light of the House of Lords decision in Rhys-Harper v Relaxion Group Plc

Ratio Decidendi

The Court of Appeal held that its previous decision in Fadipe v Reed Nursing Personnel cannot stand with the House of Lords decision in Rhys-Harper v Relaxion Group Plc. Despite different statutes, the reasoning in Rhys-Harper regarding the protection of former employees from post-termination victimisation applies equally to section 47B of the Employment Rights Act 1996. Therefore, section 47B ERA protects workers from detriment suffered after employment has ended, and the Employment Tribunal has jurisdiction to hear such claims.

Court Disposition

Appeal allowed

Orders

  • Matter remitted to the Employment Tribunal for determination