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Employment Protection & JR: A Parting of the Ways ?

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Abstract:

“I regret that I am bound to say that [the applicant] has not been well advised to take these proceedings because I do not think they have done her any good, nor could they have done her any good in the circumstances of this case… the law requires me to dismiss this application because it is not a matter that should properly have been brought by way of judicial review…”

(per Collins J in R v London Borough of Lambeth, ex p Thompson [1995] Independent, 30th October; transcript).

These were the court's concluding words in one of the latest reported attempts to use judicial review to challenge the dismissal of an employee. Does this reflect the death of judicial review in the area of employment protection? This article examines the extent to which judicial review may still be used, to protect the rights of employees.

Keywords: employment protection; judicial review

Document Type: Research Article

Publication date: June 1, 1996

More about this publication?
  • Judicial Review is now firmly established as the UK's leading journal for lawyers engaged in judicial review, catering for both practitioners and academics. It offers invaluable insights from today's foremost judicial review experts, combining analysis of general judicial review matters with practical information and guidelines for use by practitioners in the prepartation and conduct of applications for judicial review. The journal includes short and accessible items on the law, practice and procedure and recent cases. There is coverage of sub-topics within judicial review such as constitutional change, prison cases, commercial, and environmental judicial review. Other popular features are reviews of the academic literature, surveys of the leading cases, case commentaries and summaries of recent research.

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