Care proceedings
A v A local authority and others [2019] EWCA Civ 1360, [2019] All ER (D) 27 (Aug)
The judge had erroneously found that either or both of the parents had inflicted a non-accidental injury on their one-year-old child and thereby rejected an alternative cause that the injury could have been caused accidentally when the child was in the care of his 11-year-old cousin. The Court of Appeal, Civil Division, held that there had been a lack of a coherent structure to the judge’s judgment providing clarity as to the findings which had been made and a lack of balance in reaching a conclusion as to the credibility of the parents.
Employment
Harpur Trust v Brazel (Unison intervening) [2019] EWCA Civ 1402, [2019] All ER (D) 40 (Aug)
The Employment Appeal Tribunal (the EAT) had held that the Working Time Regulations 1998, SI 1998/1833, made no provision for pro-rating of annual leave in circumstances where the respondent teacher did not have normal working hours within the meaning of the Employment Rights Act 1996. They simply required the straightforward exercise of identifying a
