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Whether failure to provide arrestment power to employment tribunal constituting breach of EU law - AA v Secretary of State for Business, Energy and Industrial Strategy (Commission for Equality and Human Rights, Intervener) [OH] 01.06.18

Judicial review - EU law - Human rights - Equal treatment - Effectiveness and equivalence - Significant financial award made to petitioner by employment tribunal in her harassment case against employer - Sums in employer's bank account thereafter falling dramatically and petitioner receiving no payment from them - Whether absence of legislation giving employment tribunal power to effect arrestment on dependence constituting breach of EU law principles of effectiveness and equivalence - Whether defender in breach of Community law by failing to make such a statutory provision. HELD petition refused

Link to judgment
Category: Constitutional Law » EC Law; Human Rights; Judicial review. Keyword(s): Remedies; Employment; Diligence; Effectiveness and equivalence. Area(s) of law: Employment; Public Sector; Litigation.
Source: [2018] CSOH 54; 2018 GWD 18-232.

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