An Employment Tribunal did not err by not considering an uplift under section 38 of the Employment Act 2002 when making an award for an unlawful deduction from wages, where the Respondent did not have notice of the application and where the facts, on further investigation, would not have justified the uplift. Citations: [2021] UKEAT … Continue reading Levy v 34 and Co Ltd (Practice and Prcoedure, Contract of Employment and Unlawful Deduction Wages): EAT 12 Feb 2021
There was a claim for damages in respect of psychiatric injury said to result from a breach of the implied term of trust and confidence, which was asserted to be recoverable notwithstanding Johnson, on the basis that the acts of the employer complained of could be severed from the employer’s conduct leading to the dismissal, … Continue reading Eastwood v Magnox Electric plc: CA 2002
External relations – Europe Agreement between the Communities and Poland – Interpretation of the first indent of Article 37(1) – Prohibition of discrimination based on nationality as regards conditions of employment or dismissal for Polish workers legally employed in a Member State – Fixed-term contract of employment of a foreign-language assistant – Effect on such … Continue reading Land Nordrhein-Westfalen v Pokrzeptowicz-Meyer: ECJ 29 Jan 2002
C, an unqualified social worker, had complained of his listing as a person unsuitable to work with children. The SS now appealed from his success on that complaint. Judges: Scott Baker J Citations: [2002] EWHC 1381 (Admin) Links: Bailii Statutes: Protection of Children Act 1999 1 3 Jurisdiction: England and Wales Health, Employment Updated: 15 … Continue reading Secretary of State for Health v C: Admn 5 Jul 2002
Europa Reference for a preliminary ruling: Cour de cassation – Belgium. Reference for a preliminary ruling – Articles 10 EC and 43 EC – National legislation restricting access to the profession of architect to the possession of a diploma or professional qualification – Community national holding a diploma not listed in Directive 85/384/EEC – Obligation … Continue reading Conseil national de l’ordre des architectes v Nicolas Dreessen: ECJ 22 Jan 2002
Judges: Scott Baker J Citations: [2002] EWHC 1382 (Admin) Links: Bailii Statutes: Oxford and Cambridge Act 1923 Jurisdiction: England and Wales Education, Employment Updated: 30 June 2022; Ref: scu.175119
The taxpayer had the benefit of option as an employee in his company scheme. He exercised the option and the issue arose as to when the base value of the options were to be valued for capital against tax purposes. The taxpayer argued that they were to be valued at the point where they were … Continue reading Mansworth (Inspector of Taxes) v Jelley: ChD 20 Mar 2002
EAT Mr Gilbert was paid for 44 weeks a year, of which 38 weeks were those in which he was required to work. The issue was whether, as the ET had held, ‘a week’s pay’ fell to be calculated by dividing the annual salary payable monthly to the employees by 52; or whether it fell … Continue reading Gilbert and others v Barnsley Metropolitan Borough Council: EAT 12 Apr 2002
Citations: [2002] UKEAT 1383 – 00 – 0703 Links: Bailii Jurisdiction: England and Wales Citing: See Also – Warman International Ltd v Gwilson EAT 7-Jan-2002 EAT Contract of Employment – Breach of Contract. . . See Also – Warman International Ltd v Wilson EAT 25-Jan-2002 EAT Contract of Employment – Breach of Contract. . . … Continue reading Warman International Ltd v Wilson: EAT 7 Mar 2002
PC (Bermuda) The courts should be reluctant to accept a fetter on the employer’s right to dismiss on notice where there is an express term in the contract empowering the employer to do so. Lord Millet considered the contention that the employer was duty bound to preserve the relationship of trust and confidence: ‘which ought … Continue reading Reda, Abdul-Jalil v Flag Limited: PC 11 Jul 2002
EAT Contract of Employment – Breach of Contract. Judges: Mr Recorder Langstaff Qc Citations: EAT/1383/00 Links: EAT Jurisdiction: England and Wales Citing: See Also – Warman International Ltd v Gwilson EAT 7-Jan-2002 EAT Contract of Employment – Breach of Contract. . . Cited by: See Also – Warman International Ltd v Wilson EAT 7-Mar-2002 . … Continue reading Warman International Ltd v Wilson: EAT 25 Jan 2002
EAT Contract of Employment – Breach of Contract. Judges: Mr Recorder Langstaff Qc Citations: EAT/1383/00 Links: EATn Jurisdiction: England and Wales Cited by: See Also – Warman International Ltd v Wilson EAT 25-Jan-2002 EAT Contract of Employment – Breach of Contract. . .See Also – Warman International Ltd v Wilson EAT 7-Mar-2002 . . Lists … Continue reading Warman International Ltd v Gwilson: EAT 7 Jan 2002
CONTRACT OF EMPLOYMENT – Written particulars RACE DISCRIMINATION – Direct RACE DISCRIMINATION – Comparison The Employment Tribunal erred in concluding that an employee who has more than one but less than two months’ service is not entitled to a section 1 Employment Rights Act 1996 statement of terms and conditions of employment. It does not … Continue reading Stefanko and Others v Maritime Hotel Ltd and Another (Contract of Employment : Race Discrimination): EAT 25 Sep 2018
Iniquity surpasses legal advice privilege PRACTICE AND PROCEDURE – Disclosure PRACTICE AND PROCEDURE – Striking-out/dismissal An Employment Judge struck out paragraphs of the Claimant’s claim as they depended on an email in respect of which legal advice privilege was claimed. In considering whether privilege could not be claimed as the advice in the email was … Continue reading X v Y Ltd (Practice and Procedure – Disclosure): EAT 9 Aug 2018
Judge’s Reasons Must Show How Reached In each case appeals were made, following Flannery, complaining of a lack of reasons given by the judge for his decision. Held: Human Rights jurisprudence required judges to put parties into a position where they could understand how the decision in their case had been arrived at. Flannery preceded … Continue reading English v Emery Reimbold and Strick Ltd; etc, (Practice Note): CA 30 Apr 2002
The claimant was a post operative male to female trans-sexual. She claimed that her human rights were infringed when she was still treated as a man for National Insurance contributions purposes, where she continued to make payments after the age at which a woman would have ceased payments thus causing harassment. A second claimant again … Continue reading Goodwin v The United Kingdom: ECHR 11 Jul 2002
Solicitors acted in a loan, giving an undertaking as to its application. In breach of that undertaking they released it to the borrower. The appellants appealed a finding of liability as contributors to the breach. Held: ‘Money in a solicitor’s client account is held on trust. The only question is the terms of that trust.’ … Continue reading Twinsectra Ltd v Yardley and Others: HL 21 Mar 2002
The applicant sought to succeed to the tenancy of his deceased homosexual partner as his partner rather than as a member of his family.
Held: A court is bound by any decision within the normal hierachy of domestic authority as to the meaning . .
References: [2003] HCA 71, [2003] 216 CLR 473, [2003] 203 ALR 112, [2003] 78 ALJR 180 Links: Austlii Coram: McHugh, Kirby JJ (High Court of Australia) McHugh and Kirby JJ said: ‘Persecution covers many forms of harm ranging from physical harm to the loss of intangibles, from death and torture to state sponsored or condoned … Continue reading Appellant S395/2002 v Minister for Immigration and Multicultural Affairs; 9 Dec 2003
1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts
EAT UNFAIR DISMISSAL – Reasonableness of dismissal CONTRACT OF EMPLOYMENT – Written particulars The Employment Tribunal made two mistakes of fact which made the Judgment perverse. It could not be said to be unarguably right, and so was remitted to a different Employment Tribunal. The right under Employment Rights Act 1996 s1 to written particulars … Continue reading Parfums Givenchy Ltd v Finch: EAT 30 Jul 2010
EAT Disability Discrimination : Reasonable Adjustments – Equality – Disability – Duty to make adjustments – PCP – substantial disadvantage The Tribunal adopted a PCP of its own, different to the PCPs defined by the issues, without addressing important evidence relevant to the existence of that PCP. The Tribunal did not give sufficient reasons for … Continue reading Costco Wholesale UK v Newfield: EAT 22 May 2013
The section in the 1890 Act produced ‘a necessary equation of a partnership firm with employers for this purpose [vicarious liability]’. Vicarious liability is a ‘secondary liability as the liability of one person for the act of another who is acting in the course of his employment or as agent for him . . it … Continue reading Meekins v Henson: 1964
The use of covert listening devices within a police station was an infringement of the right to privacy, since there was no system of law regulating such practices. That need not affect the right to a fair trial. The prosecution had a duty to disclose all relevant evidence to the defence. In this case the … Continue reading PG and JH v The United Kingdom: ECHR 25 Sep 2001
Each claimant sought damages after being exposed to asbestos dust. The defendants resisted saying that the injury alleged, the development of pleural plaques, was yet insufficient as damage to found a claim. Held: (Smith LJ dissenting) The defendants appeals succeeded. The claimants had three possible claims, none of which on their own would amount to … Continue reading Rothwell v Chemical and Insulating Co Ltd and Another: CA 26 Jan 2006
The issue arose as to the liability of a firm for the acts of a partner who had made statements to the claimant regarding the rate of return on a proposed investment amounting to some 6,000 per cent per annum. Held: The following propositions of law held: ‘(i) The principles of vicarious liability of partners … Continue reading Cochlan v Ruberella Limited: CA 21 Jul 2003
The plaintiff sought damages for deafness following exposure to excessive noise during his employment with the first and second defendants some 20 to 35 years previously. He issued his writ six years after the date of knowledge under LA section 14 and therefore three years after expiry of the limitation period. The judge had declined … Continue reading Price v United Engineering Steels Limited; J J Habershon and Sons Limited: CA 12 Dec 1997
Various parties challenged the granting and withholding of licenses to operate as door supervisors (bouncers). The SIA regulated the grant of licences, and published criteria for their grant. It had been said that the inclusing of very minor offences in the category of offences requiring refusal of a licence, was unreasonable if a court did … Continue reading Security Industry Authority v Stewart and Sansara: Admn 17 Oct 2007
Four children complained that, for years before they were taken into care by the local authority, its social services department was well aware that they were living in filthy conditions and suffering ‘appalling’ neglect in the home of their parents. Suspicions of abuse had arisen in 1987, but they were given effective support only in … Continue reading Z And Others v The United Kingdom: ECHR 10 May 2001
The court considered the liability of insurers of companies now wound up for mesothelioma injuries suffered by former employees of those companies, and in particular whether the 1930 Act could be used to impose liability. The insurers now appealed against findings that some policies, those which insured against injury ‘sustained’ during the policy period, as … Continue reading Employers’ Liability Insurance ‘Trigger’ Litigation: BAI (Run Off) Ltd v Durham and Others: SC 28 Mar 2012
Practice and Procedure, Jurisdictional/Time Points The ET made no error of law when deciding on an application for reconsideration not to vary or revoke an earlier order striking out claims of unfair dismissal and age and disability discrimination on the grounds of non-compliance with existing orders and the claimant apparently not actively pursuing the claim. … Continue reading Phipps v Priory Education Services Ltd: EAT 6 Oct 2021
EAT Jurisdictional Points : 2002 Act and Pre-Action Requirements On a step 3 appeal the Claimant raised for the first time a qualifying disclosure under PIDA. The Employment Judge incorrectly found that the employer would reasonably know this was a step 1 grievance and refused the Respondent’s application to dismiss the claim. Solicitors’ letters invoking … Continue reading Sheffield City Council v Dolby: EAT 8 Dec 2011
The parties had contracted to trade global depository notes issued by the Peruvian government. Each made mistakes as to their true value, thinking them scraps worth a few thousand dollars, whereas their true value was over $8m. On the defendant recognising their worth, they sought to sell and pocket the profit. The claimant sought restitutionary … Continue reading Lehman Brothers International (Europe) v Exotix Partners Llp: ChD 9 Sep 2019
EAT PRACTICE AND PROCEDURE – Appellate jurisdiction/reasons/Burns-BarkeAlthough this was a ‘narrative’ judgment sufficient substance could be extracted from the decision to demonstrate compliance with rule 30(6) of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004 SI No. 1861; Balfour Beatty Power Networks Ltd v Wilcox [2006] EWCA Civ 1240, [2007] IRLR 63, Greenwood … Continue reading Sivagnansundarum v Whipps Cross University Hospital NHS Trust: EAT 28 Jun 2011
The appellant had sought to challenge refusal of disability living allowance. Ultimately her request a judicial review of the Upper Tribunal’s decion was rejected on the basis that the UT, being a court of superior record, was not susceptible to judicial review save in very limited circumstancs. Held: The appeal failed, though the reasons varied. … Continue reading EBA v Advocate General for Scotland: SC 21 Jun 2011
EAT PRACTICE AND PROCEDURE – Estoppel or abuse of process/AmendmentThe appeal was dismissed on issue estoppel. Issue estoppel applied not to the declarations made by the first Employment Tribunal, as apparently decided in the Pre Hearing Review judgment, but to the breach of contract issues that had been decided at that first hearing as stated … Continue reading Parker v Northumbrian Water: EAT 30 Mar 2011
EAT PRACTICE AND PROCEDURE – New evidence on appealUNFAIR DISMISSAL – CompensationCONTRACT OF EMPLOYMENT – Written particularsAdmitting fresh evidence on appeal which ought to have been admitted by Employment Tribunal on review. It related to a matter not in issue at the original hearing but adjudicated on by Employment Tribunal. As a result of the … Continue reading World of Home Improvements Ltd v J Cooper-Frewer: EAT 24 Feb 2011
EAT PRACTICE AND PROCEDURE – Striking-out/dismissal In April 2009, the Claimant, who was then 77 years of age, was employed by the Respondent, when he was laid off without pay. While still being employed by the Respondent he submitted an ET1 alleging he had been laid off. By a judgment of Employment Judge Salter (‘the … Continue reading Foster v Bon Groundwork Ltd: EAT 17 Mar 2011
EAT JURISDICTIONAL POINTS – 2002 Act and pre-action requirementsA grievance for the purposes of the now repealed section 32 Employment Act 2002 could be constituted by a letter incorporating the particulars of complaint in a previously lodged ET1 in other proceedings. Gibbs t/a Jarlands Financial Services v Harris UKEAT/0023/07 distinguished. The inclusion of other issues … Continue reading Raithatha v Leicester City Council: EAT 7 Oct 2010
Norris J held: ‘Although the case law refers to crime or fraud or dishonesty (such as fraudulent breach of trust, fraudulent conspiracy, trickery or sham contrivances) it is plain that the term ‘fraud’ is used in a relatively wide sense: Eustice’s case [1995] 1 WLR 1238, 1249D. So a scheme to effect transactions at an … Continue reading BBGP Managing General Partner Ltd and Others v Babcock and Brown Global Partners: ChD 20 Aug 2010
EAT PRACTICE AND PROCEDUREAbsence of partyNew evidence on appealAn Employment Tribunal dismissed the Appellant’s claim. He had failed to attend the hearing before it and an application made on his behalf for an adjournment because of lack of representation and on medical grounds was refused. Fresh evidence, a doctor’s letter obtained after the refusal of … Continue reading Asim v University Hospital Birmingham NHS Foundation Trust and Another: EAT 17 Jun 2010
EAT JURISDICTIONAL POINTS – 2002 Act and pre-action requirements DISABILITY DISCRIMINATION – Reasonable adjustments Claimant incapacitated from driving duties as a result of a seizure – Dismissed – Claim originally pleaded as unfair dismissal – Seeks to amend to claim under Disability Discrimination Act 1995 that dismissal was the result of a failure to make … Continue reading Scottish Opera Ltd v Winning: EAT 9 Jun 2010
EAT UNFAIR DISMISSAL Reasonableness of dismissal Procedural fairness/automatically unfair dismissal The Claimant, a senior legal executive, was found in disciplinary proceedings to have claimed sick pay while on holiday, and not been truthful in his answers on return-to-work. On appeal the substantive charges against him were dismissed but the dishonesty was upheld and he was … Continue reading Honey v City and County of Swansea: EAT 16 Apr 2010
Citations: [2001] UKEAT 469 – 00 – 2504 Links: Bailii Jurisdiction: England and Wales Citing: See Also – Sivanandan v London Borough of Enfield EAT 1-May-1998 . . See Also – Sivanandan v London Borough of Enfield and others EAT 1-Oct-1998 . . See Also – Sivanandan v London Borough of Enfield and others EAT … Continue reading Sivanandan v Enfield and others: EAT 25 Apr 2001
The Court was asked whether an employee’s remuneration is taxable as his or her emoluments or earnings when it is paid to a third party in circumstances in which the employee had no prior entitlement to receive it himself or herself. Held: The company’s appeal failed. The purposive approach to the interpretation of the general … Continue reading RFC 2012 Plc (Formerly The Rangers Football Club Plc) v Advocate General for Scotland: SC 5 Jul 2017
EAT JURISDICTIONAL POINTS: 2002 Act and pre-action requirements Four points arising out of the application of section 32 of the Employment Act 2002 in a series of related equal pay multiples. Held: (1) In a case involving the modified grievance procedure, where the Claimant in her grievance had identified four jobs but had in her … Continue reading Brett and Others v Hampshire County Council: EAT 25 Jan 2010
Gibraltar – The claimant challenged a public housing allocation policy which gave preference to married couples and parents of children, excluding same sex and infertile couples. Held: The aim of discouraging homosexual relationships is equally impermissible under sections 7(1) and 14 of the Constitution of Gibraltar. The suggested aims are incoherent and the means employed … Continue reading Rodriguez v Minister of Housing of The Government and Another: PC 14 Dec 2009
Preliminary hearing. Judges: Charles J Citations: [2001] UKEAT 30 – 01 – 1105 Links: Bailii Jurisdiction: England and Wales Citing: See Also – Grant v Kent County Council EAT 18-Feb-2002 EAT Contract of Employment – Breach of Contract . . See Also – Grant v Kent County Council EAT 3-Apr-2000 Interlocutory and preliminary hearing – … Continue reading Grant v Kent County Council: EAT 11 May 2001
The teacher appellants challenged the quantification of deductions from their salaries after engaging in lawful strike days. Held: The appeal as allowed. The correct approach under section 2 to a case like this, where the contract is an annual contract, is to hold that the salary must be apportioned on a calendar day basis over … Continue reading Hartley and Others v King Edward VI College: SC 24 May 2017
The court was asked as to the interrelationship of the statutory schemes relating to the protection of employees’ pensions and to corporate insolvency. Held: Liabilities which arose from financial support directions or contribution notices issued by the Pensions Regulator under the 2004 Act after the company had gone into administration, which required the company to … Continue reading In re Nortel Companies and Others: SC 24 Jul 2013
EAT UNFAIR DISMISSALConstructive dismissal / Contributory fault / Polkey deductionJURISDICTIONAL POINTS2002 Act and pre-action requirementsThe Employment Tribunal did not err in assessing the last straw in a series of events leading to a constructive unfair dismissal. It did not err when it refused as a matter of case management on a remedy hearing to allow … Continue reading Ministry of Defence v Guellard: EAT 1 Sep 2009
Citations: [2008] ScotCS CSIH – 38 Links: Bailii Citing: Cited – D Holc-Gale v Makers UK Ltd EAT 30-Nov-2005 EAT Practice and Procedure – 2002 Act and pre-action requirements. Regulation 14 2004 Regulations; excluding discrimination Questionnaires from definition of statutory grievance. When failure to comply with SGP . . Cited – Shergold v Fieldway Medical … Continue reading Cannop and others v Brown and others: SCS 11 Jun 2008
NIIT The decision of the tribunal is that:-(1) The claimant’s claims of discrimination on the grounds of disability and breach of contract are dismissed, following withdrawal made orally to the tribunal.(2) The claimant is not entitled to present her claim of sex discrimination to the tribunal, in view of the provisions of Article 19(2) of … Continue reading Dunn v Chief Constable of PSNI: NIIT 11 Dec 2007
EAT Practice and Procedure – Appellate jurisdiction/reasons/Burns-BarkeDisposal of appeal including remission Disability Discrimination – Reasonable adjustmentsUnfair Dismissal – Constructive dismissalEmployment Tribunal reasons – duty to make reasonable adjustments – Constructive dismissal. Remission to same Employment Tribunal.HHJ Peter Clark said: ‘ The proper approach for an Employment Tribunal to take when considering an alleged breach of … Continue reading Avon and Somerset Constabulary v Dolan: EAT 22 Apr 2008
Practice and Procedure – Estoppel or Abuse of Process The Tribunal Chairman erred in law in holding that the cause of action in the two claims commenced by the Claimant was not the same. Once proceedings are dismissed on withdrawal under Rule 25 a claimant in subsequent proceedings based on the same cause of action … Continue reading British Association for Shooting and Conservation v Cokayne: EAT 19 Oct 2007
EAT Equal pay Act – Out of time The claimants before the Employment Tribunal alleged that when they were employed by NUPE, that union had breached their rights under the Equal Pay Act in connection with their pension rights. Subsequently, NUPE transferred to Unison by way of a trade union amalgamation. The claimants brought their … Continue reading Unison v Allen and others: EAT 26 Jul 2007
The claimants had been detained under the 1971 Act, after completing sentences of imprisonment pending their return to their home countries under deportations recommended by the judges at trial, or chosen by the respondent. They challenged as unlawful the respondent’s, at first unpublished, policy introduced in 2006, that by default, those awaiting deportation should be … Continue reading Lumba (WL) v Secretary of State for The Home Department: SC 23 Mar 2011
Contract of Employment – Written particulars – uplift under section 38(3) of the Employment Act 2002 The Employment Judge erred in law in increasing an award by virtue of section 38(3) of the Employment Act 2002. The Appellant was not in breach of its duty under section 1 of the Employment Rights Act 1996 when … Continue reading Govdata Ltd v Denton: EAT 28 Jan 2019
The claimant had been employed driving a mobile library. She came to suffer back problems, and was dismissed when the respondent said that she could not work within a library without the ability to lift, after she turned down a move to a different department. The EAT had found to be perverse the ET’s conclusion … Continue reading Hay v Surrey County Council: CA 16 Feb 2007
EAT Time Limits Practice and Procedure – 2002 Act and pre-action requirementsUnfair Dismissal – Constructive dismissalFor the purpose of the extension of the time afforded by reg. 15 of the Employment Act 2002 (Dispute Resolution) Regulations 2004, an employee’s grievance is to be treated as lodged ‘within the normal time limit’ even if it is … Continue reading HM Prison Service v Barua: EAT 15 Nov 2006
Time Limits – Just and equitable extension Practice and Procedure – 2002 Act and pre-action requirements Just and equitable extension – Tribunal Chairman’s reasons concentrated impermissibly on one period of delay and/or failed to evaluate the factors for an against the consideration of the claim out of time. Reasonable practicality of sending step one letter … Continue reading Brown v London Borough of Tower Hamlets: EAT 17 Nov 2006
The claimant had dual Irish and US nationality. He therefore also was a citizen of the EU. He complained that the British rules against payment of job seekers’ allowance were discriminatory. The matter had already been to the ECJ. Held: The residence test as applied was not in contravention of EU law. ‘[T]he proper interpretation … Continue reading Collins v Secretary of State for Work and Pensions: CA 4 Apr 2006
EAT Claim for unfair (constructive) dismissal, breach of contract and failure to inform and consult contrary to TUPE Regulations. Prior to instituting the tribunal claim, the claimant’s solicitor had sent a letter to the respondents detailing the ways in which it was alleged that they had breached the claimant’s contract of employment and failed to … Continue reading Arnold Clark Automobiles Ltd v Stewart, Barnetts Motor Group Ltd: EAT 20 Dec 2005
EAT Practice and Procedure – 2002 Act and Pre-Action Requirements; and Amendment Whether section 32(4) EA 2002 – original time limit – restricts time for bringing a DDA claim to the primary 3 months period, or whether the just and equitable discretion under DDA Schedule 3 Part 3 may be exercised. It is the latter. … Continue reading BUPA Care Homes v Cann; Spillett v Tesco Stores: EAT 31 Jan 2006
Retained or part-time firefighters sought parity of working conditions with full time firefighters. Held: The retained firefighters’ appeal succeeded (Lords Carswell and Mance dissenting). The test was whether the part-time and full time workers had substantially similar contract and did substantially similar work. What was meant by similarity in this case had to be tested … Continue reading Matthews and others v Kent and Medway Towns and Fire Authority and others: HL 1 Mar 2006
EAT Whether an Employment Tribunal took a permissible approach to determining that a dismissal was unfair, in circumstances in which it did not clearly set out the terms of section 98 of the Employment Rights Act 1996. Whether on the facts it substituted its own view of the occurrence and quality of misconduct for that … Continue reading Mars UK Ltd T/A Masterfoods v K Parker: EAT 24 Oct 2005
EAT Contract of Employment – Damages for breach of contract – The Tribunal Chairman erred in law in concluding that Mrs Verdin’s breach of contract claim should be dismissed.Rule 25 of the Employment Tribunal Rules 2004 is to be construed in the light of Ako v Rothschild Asset Management [2002] IRLR 348.A claim should be … Continue reading Verdin v Harrods Ltd: EAT 21 Dec 2005
EAT Practice and Procedure – 2002 Act and pre-action requirements – Statutory disciplinary procedure – internal appeal – reasonable grounds for belief, Regulation 15(2), 2004 Regulations. Solicitor’s letter before action not raising appeal. Immaterial that employer had no appeal procedure. Judges: His Honour Judge Peter Clark Citations: [2005] UKEAT 0638 – 05 – 2112, UKEAT/0638/05 … Continue reading Piscitelli v Zilli Fish Ltd: EAT 21 Dec 2005
EAT Unfair Dismissal: Reason for Dismissal and Reasonableness of Dismissal; Practice and Procedure: Bias, Misconduct, and Procedural IrregularityChallenge to finding of finding of unfair dismissal – over 50 grounds lacking virtually every conceivable error. Include bias. Found that there were some defects in the decision. Judges: The Honourable Mr Justice Elias Citations: UKEAT/0514/05/RN, [2005] UKEAT … Continue reading Bridgewood Trust v Owen: EAT 20 Oct 2005
EAT Jurisdiction – (no sub-topic). Judges: His Honour Judge D Serota QC Citations: EAT/614/01, [2001] UKEAT 614 – 01 – 0511 Links: Bailii, EAT Jurisdiction: England and Wales Citing: Cited – Owusu v London Fire and Civil Defence Authority EAT 1-Mar-1995 The employee complained of his employer’s repeated failure to regrade him, and alleged discrimination. … Continue reading The Commissioner of Police of the Metropolis v Hendricks: EAT 5 Nov 2001
The claimant had been dismissed by reason of disability and so was entitled to compensation for the associated psychological injury. She was then dismissed unfairly, and the employer sought to argue that the dismissal constituted a novus actus and ended the period for which she was entitled to compensation for loss of earnings. Held: An … Continue reading Beart v HM Prison Service: CA 26 Apr 2005
The claimants argued that civil servants in one government department could establish that civil servants in another department could stand as comparators in their equal pay claim. Held: It was not necessarily the person with whom the workers have contracts of employment that determines comparability. The relevant body is the one ‘which is responsible for … Continue reading Robertson and others v Department for Environment Food and Rural Affairs: CA 22 Feb 2005
The court was asked as to who was the appropriate respondent when a claim for disability discrimination is brought by a teacher employed at a maintained community school with a delegated budget. The teacher’s contract of employment is with the local education authority, but the Governing Body of such a school is given extensive employment … Continue reading Murphy v Slough Borough Council Governing Body of Langleywood School: CA 16 Feb 2005
The claimant shared child care with his former partner, but claimed that the system which gave the job-seeker’s child care supplement to one party only was discriminatory. Held: In such cases the supplement usually went to the mother, and this had a diverse impact on men. It was for the Secretary of State to justify … Continue reading Hockenjos v Secretary of State for Social Security (No 2): CA 21 Dec 2004
Mrs Nolan had been employed at a US airbase. When it closed, and she was made redundant, she complained that the appellant had not consulted properly on the redundancies. The US denied that it had responsibility to consult, and now appealed. Held: The appeal failed (Lord Carnworth dissenting). That the exact situation might not have … Continue reading The United States of America v Nolan: SC 21 Oct 2015
Where supervening events might contribute to the personal injury suffered, the proper approach in apportioning compensation in respect of one occasion was in general terms to provide just and sufficient compensation for the injury caused without being excessive. There is no general or universal logical basis for rules in these situations. The possibility of hypothetical … Continue reading Heil v Rankin: CA 13 Jun 2000
EAT Unfair Dismissal – CompensationIn each case, The employee sought additional damages for non-economic loss after an unfair dismissal. Held: The Act could be compared with the Discrimination Acts which explicitly awarded damages for hurt feelings. Clear authority lay against such awards in unfair dismissal cases. An Employment Tribunal considering a claim for damages for … Continue reading Dunnachie v Kingston Upon Hull City Council; Williams v Southampton Institute; Dawson v Stonham Housing Association: EAT 8 Apr 2003
The pupil had been excluded from school but then ordered to be re-instated. The teachers, through their union, refused to teach him claiming that he was disruptive. The claimant appealed a refusal of an injunction. The injunction had been refused on the basis that this was an employment dispute. The union had failed successfully to … Continue reading In re P (a minor by his mother and litigation friend); P v National Association of Schoolmasters/Union of Women Teachers: HL 27 Feb 2003
The applicants were suspended from membership of the Labour party. As a result they were unable to stand for election as councillors. They alleged racial discrimination. Held: The position as councillor fell within the Act, and the claim for discrimination had been properly allowed. The Act should be interpreted sufficiently widely to provide a remedy … Continue reading Mcdonagh (Sued on Her Own Behalf and on Behalf of All Other Members of the Labour Party) v Z Ali H S Sohal: EAT 10 Apr 2000
The claimants sought a declaration that part of the Regulations were invalid, and an infringement of their human rights. The Regulations sought to exempt church schools from an obligation not to discriminate against homosexual teachers. Held: The Regulation was within the scope of the Directive. Though a member state had some freedom in implementing a … Continue reading Regina (Amicus etc) v Secretary of State for Trade and Industry: Admn 26 Apr 2004
EAT Unfair Dismissal – Constructive dismissalConstructive dismissal case – Appeal based on alleged non-compliance by employee with s.32 (2) of 2002 Act by reason of failure to lodge a grievance in relation to the matters relied on as entitling him to resign – Appeal dismissed because (1) grievance held, on its true construction, to be … Continue reading DMC Business Machines Plc v Plummer: EAT 21 Dec 2006
The court was asked whether a school was entitled to refuse to allow a Muslim girl to wear the niqab full face veil at school. The reasons were ‘first educational factors resulting from a teacher being unable to see the face of the girl with a niqab; second the importance of a uniform policy as … Continue reading X, Regina (on the Application of) v Y School: Admn 21 Feb 2007
Prisoners are a section of the public for the purposes of the 1976 Act. The Court increased an award for injury to feelings awarded for race discrimination by prison officers from pounds 50 to pounds 500. The court considered the appropriate level of damages to be awarded in race discrimination cases: ‘damages for this relatively … Continue reading Alexander v Home Office: CA 1988
The tribunal set out the relevant principles for assessing awards for injury to feelings for unlawful discrimination. The principles are: ‘(1) Awards for injury to feelings are compensatory. They should be just to both parties. They should compensate fully without punishing the tortfeasor. Feelings of indignation should not be allowed to inflate the award. (2) … Continue reading Armitage Marsden and HM Prison Service v Johnson: EAT 1997
In looking at restrictions by an employer to limit his vicarious liability, the court must distinguish between prohibitions which limit the sphere of employment and those which only deal with conduct within the sphere of employment:’ ‘there are prohibitions which limit the sphere of employment, and prohibitions which only deal with conduct within the sphere … Continue reading Plumb v Cobden Flour Mills Co Ltd: HL 1914
The claimants said that they had been tortured by Saudi police when arrested on false charges. They sought damages, and appealed against an order denying jurisdiction over the defendants. They said that the allegation of torture allowed an exception to state immunity. Held: The Kingdom’s appeal succeeded. The protection of state immunity was essentially a … Continue reading Jones v Ministry of Interior for the Kingdom of Saudi Arabia and others: HL 14 Jun 2006
The loss of a right to an extended period of notice is a proper head of damages in an employment loss case: ‘It is a claim for compensation for the loss of an intangible benefit, namely that of being entitled in the course of one’s employment, to a longer notice than might otherwise be the … Continue reading Daley v AW Dorsett (Almar Dolls Ltd): EAT 1981
Both cases questioned the extent, as a disability, of functional or psychological ‘overlay’, where there may be no medical condition underlying the symptoms which the employee claims to be present. Neither claimant had asserted any psychological disability. The employees appealed a refusal that they be considered to suffer a disability. ‘Impairment’, has to mean some … Continue reading Rugamel v Sony Music Entertainment UK Ltd; McNicol v Balfour Beatty Rail Maintenance Ltd: EAT 28 Aug 2001
The applicants appealed a finding that their employees were workers within the regulations. The question related to whether bank nurses, who were available to be called on the telephone at home during the night, were working as they waited. The words ‘on-call’ cold not be used simply. The Tribunal is to look at the ingredients … Continue reading The British Nursing Assocation v The Inland Revenue National Minimum Wage Compliance Team: EAT 8 Jun 2001
The claimants, a Polish national and an Austrian national, appealed against decisions of the Court of Appeal upholding decisions that they were not entitled to certain benefits, namely income support and housing assistance respectively, pursuant to the provisions of United Kingdom domestic law. Held: The claimants’ appeals failed. When she applied, Ms Mirga was not … Continue reading Mirga v Secretary of State for Work and Pensions, Samin v Westminster City Council: SC 27 Jan 2016
No Waiver for disclosure of Advice EAT PRACTICE AND PROCEDURE: Admissibility of evidence The claimant sought disclosure of certain legal advice on the basis that its effect, and a summary of its contents, had been put before the court and therefore privilege was waived. The Tribunal rejected the application and the EAT held that they … Continue reading Brennan and others v Sunderland City Council Unison GMB: EAT 16 Dec 2008
The appellants said they had been had been discriminated against on the grounds of their sex by the TUPE Regulations. Their discrimination cases had been dismissed as out of time. Held: The employees’ appeals were dismissed: ‘A statute cannot speak with two different voices at one and the same time. The rule that section 2(4) … Continue reading Powerhouse Retail Ltd and others v Burroughs and others; Preston and others v Wolverhampton Healthcare NHS Trust and others (No 3): HL 8 Mar 2006
The respondent’s child lived with the estranged father for most of each week. She was obliged to contribute child support. She now lived with a woman, and complained that because her relationship was homosexual, she had been asked to pay more than someone in a heterosexual relationship. Held: The claim failed. The regulations had now … Continue reading Secretary of State for Work and Pensions v M: HL 8 Mar 2006
The employer had entrusted the task of organising a safe system of work to an employee as a result of whose negligence another employee was injured. The employer could not have been held liable for its own negligence, since it had taken all reasonable care in entrusting the job to a competent employee, nor could … Continue reading Wilsons and Clyde Coal Co Ltd v English: HL 19 Jul 1937
The employee was injured at work, but in a way excluded from the employers insurance cover. He now sought to make the sole company director liable, hoping in term to take action against the director’s insurance brokers for negligence, the director himself now also bankrupt. The pursuer now appealed. Held: The appeal failed, and the … Continue reading Campbell v Gordon: SC 6 Jul 2016
PAC sought to recover excess advance corporation tax paid under a UK system contrary to EU law. It was now agreed that some was repayable but now the quantum. Five issues separated the parties. Issue I: does EU law require the tax credit to be set by reference to the overseas tax actually paid, as … Continue reading Prudential Assurance Company Ltd v Revenue and Customs: SC 25 Jul 2018
The asylum applicant challenged a certificate given by the respondent that the claim for asylum was manifestly ill-founded. The respondent had made a mistake in applying the appropriate policy, but had sought to correct the error. The claimants asserted that a legitimate expectation had been created. Held: The abiding principle which underpins the legitimate expectation … Continue reading Regina (Nadarajah) v Secretary of State for the Home Department; Abdi v Secretary of State for the Home Department: CA 22 Nov 2005
Mr Recorder Langstaff QC [2001] UKEAT 1371 – 00 – 2510, EAT/1371/00, [2002] ICR 264 Bailii, EATn England and Wales Citing: See Also – Scotford v Smithkline Beecham EAT 5-Dec-2000 EAT Procedural Issues – Employment Tribunal . . Cited – Mock v Inland Revenue EAT 1-Mar-1999 In the context of the time for appealing to … Continue reading Scotford v Smithkline Beecham: EAT 25 Oct 2001
The claimant had said that the effect of her dyslexia was to inhibit her career progress. Held:It was right for a tribunal to have regard to how an applicant could carry out duties at work in deciding whether she was within the Disability Discrimination Act. Evidence of how the claimant carries out normal day-to-day activities … Continue reading Law Hospitals NHS Trust v Rush: SCS 13 Jun 2001
Police Data Retention Justifiable The appellants challenged the collection of data by the police, alleging that its retention interfered with their Article 8 rights. C complained of the retention of records of his lawful activities attending political demonstrations, and T complained of the retention of an harassment warning issued against him. The Commissioner now appealed … Continue reading Catt and T, Regina (on The Applications of) v Commissioner of Police of The Metropolis: SC 4 Mar 2015
