What’s this case got to do with the workplace?
by Philip
Some of our readers may have been reading in their newspapers about an attempted rape victim suing a lottery winner for damages for a crime he committed on her 16 years ago. The detail is here. The possible implications for employers are not readily apparent but there are potentially serious consequences, depending on the outcome.
The case is before the House of Lords who have to decide whether to allow the case to hearing as it is 10 years outside the 6 year limitation period to bring claims for damages.
If the House of Lords allow the case and disapply the 6 year limitation period, then employers may need to be careful about keeping records for employees who left more than 6 years ago as, second guessing the decision I know,ex-employees might have the right to bring claims for breach of contract or personal injury outside the 6 year limitation period.
Sticking my neck out, it is for this very reason, I think the House of Lords will find in favour of the criminal rather than the victim. The limitation period is there for a reason. It allows parties to draw a line. If that line shifts then there is considerable scope for uncertainty. The law is there partly to provide certainty. The decision will stick in the craw as the criminal will not have to pay reparation to the victim, despite having the means to do so. The key point is that during the limitation period he did not have the means and was not worth suing. Watch this space
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I’m always fascinated by some of the unique factors that exist in employment law “over the pond” from us in the U.S. Keeping records is a constant battle in the U.S. and we’ve got 50 states with 50 different rules on how employers should keep track of them. Just as you have difficulty knowing about the statute of limitations, trying to abide by a “common” rule for keeping personnel files is a challenging endeavor over here.
Nice blog and see you around the blogosphere.
Dan Schwartz said at November 5th, 2007 at 2:17 am