The parties had reached an agreement not to continue unfair dismissal proceedings, but the defendant now complained of the claimant’s attempt to do so. Held: The section renders void an agreement to withdraw a claim already made to the Tribunal: ‘We find ourselves constrained by those considerations to regard the phrase ‘bringing any proceedings before … Continue reading Naqvi v Stephens Jewellers Ltd: EAT 1978

The claimant appealed against a finding that he had not been unfairly dismissed. He said that the procedure adopted had been unfair, since he had not had opportunity to see the statements provided to his employer by independent witnesses of the incident under complaint. Held: It can be enough in a disciplinary case for an … Continue reading Hussain v Elonex Plc: CA 17 Mar 1999

Judges: Bedlam LJ, Potter LJ, Sir John Balcombe Citations: Times 02-Jan-1998, Gazette 21-Jan-1998, [1997] EWCA Civ 2899, [1997] IRLR 140, [1998] ICR 258 Links: Bailii Statutes: Employment Protection (Consolidation) Act 1978 74 Jurisdiction: England and Wales Citing: Appeal from – Digital Equipment Co Ltd v Clements EAT 11-Dec-1996 An excess redundancy payment is to be … Continue reading Digital Equipment Co Ltd v Clements (No 2): CA 4 Dec 1997

Casual workers employed under ‘nil hours’ relationship still had a contract of employment and the appropriate and associated rights. A court was fully able to determine the terms of the contract. Citations: Times 02-Apr-1998, Gazette 13-May-1998, [1997] EWCA Civ 871, [1999] ICR 1226, [1998] EWCA Civ 558, [2000] IRLR 43 Statutes: Employment Protection (Consolidation) Act … Continue reading Carmichael and Lesse v National Power Plc: CA 29 Jan 1997

The applicant sought an extension of time to appeal against dismissal of his claim for unfair dismissal. The tribunal had ruled that his application was premature, since his fixed term contract had not yet expired, and that they therefore did not have jurisdiction. Held: The appellant wished to argue that under section 55 and section … Continue reading Carr v John Henry Newman School: CA 12 Dec 1996

The failure to comply with the right to have three councillors to hear an appeal was breach of the employers procedure, but the dismissal remained fair. The non-compliance did not itself and necessarily make the procedure unfair. Citations: Times 08-May-1996, Gazette 10-Jul-1996 Statutes: Employment Protection (Consolidation) Act 1978 57(3) Jurisdiction: England and Wales Employment Updated: … Continue reading Westminster City Council v Cabaj: CA 8 May 1996

The IT can consider an unfair dismissal claim amended with new ground after time. Each claim for extension of time for filing is to be looked at individually. A second out of time application may be heard if a different ground-time is re-started. Citations: Gazette 17-Jan-1996, Ind Summary 15-Jan-1996, Times 20-Dec-1995 Statutes: Employment Protection (Consolidation) … Continue reading Marley UK Ltd and Another v Anderson: CA 20 Dec 1995

The appellant challenged rejection of his claim of unfair dismissal and a finding that he had been made redundant. Judges: Stephenson, O’Connor LJJ, Sir Denys Buckley Citations: [1984] EWCA Civ 12, [1984] IRLR 271, [1985] ICR 80 Links: Bailii Statutes: Employment Protection (Consolidation) Act 1978 Jurisdiction: England and Wales Employment Updated: 10 September 2022; Ref: … Continue reading Murphy v Epsom College: CA 8 May 1984

The Board employed miners belonging to two rival unions, the National Union of Mineworkers (‘the NUM’) and the Union of Democratic Mineworkers (‘the UDM’), at the same colliery. The Board agreed to pay increased wages to members of the UDM but not to members of the NUM. On application by members of the NUM, the … Continue reading National Coal Board v Ridgway: CA 1987

Application for order to Tribunal chairman to produce his notes of Evidence. Held: The court would have been ready to cut through the requirements established in Webb and the relevant Practice Note if that were required to do justice to the appellant, but that was not so. Judges: Butter QC HHJ Citations: [1997] UKEAT 210 … Continue reading Hitt v Lightning Despatch Ltd: EAT 20 Feb 1997

The tribunal had been asked as to the circumstances under which the acceptance of new employment terms can be inferred from an employee’s continuing to work. Browne-Wilkinson P said: ‘The starting point must be that a contract of employment cannot simply be silent on the place of work; if there is no express term, there … Continue reading Jones v Associated Tunnelling Co Ltd: EAT 16 Oct 1981

The former employer appealed after having dismissed its former managing director, who had taken up other employment found that his current employers had further reduced the salary paid to the former employee thus increasing the damages claimed. Judges: Hull QC HHJ Citations: [1994] UKEAT 582 – 94 – 1011 Links: Bailii Statutes: Employment Protection (Consolidation) … Continue reading Garage Equipment Maintenance Co Ltd v Holloway: EAT 10 Nov 1994

Whether complaint of unfair dismissal out of time. Judges: Maurice Kay J Citations: [1995] UKEAT 815 – 95 – 2410 Links: Bailii Statutes: Employment Protection (Consolidation) Act 1978 78 Jurisdiction: England and Wales Employment Updated: 18 June 2022; Ref: scu.209419

Employees who are otherwise qualified employees will transfer with their undertaking even though they are unaware of the identity of their new employer. Morison J considered the situation where there was a transfer of the undertaking, but the employee had not known the identity of the transferee: ‘In relation to the employee who, had he … Continue reading Secretary of State for Trade and Industry v Cook and others: EAT 13 Dec 1996

Whether 2 years continuous employment – no Citations: [1996] UKEAT 935 – 96 – 1612 Links: Bailii Statutes: Employment Protection (Consolidation) Act 1978 64(1)(a) Jurisdiction: England and Wales Employment Updated: 26 May 2022; Ref: scu.208792

It was wrongful treatment to give differential pay rises according to whether or not an employee chose to be a member of a trade union. An offer of personal contracts to abandon union membership was not a penalty. Judges: Wood J Citations: Gazette 18-Nov-1992, Gazette 16-Sep-1992, [1992] UKEAT 99 – 92 – 2307, [1992] ICR … Continue reading Associated British Ports v Palmer and Others; Associated Newspapers Ltd v Wilson: EAT 23 Jul 1992

The appellant employee had been involved in a fight with a fellow-employee and had been dismissed. The other employee received a lesser penalty because the employer believed that Mr. Slack had been the aggressor. The industrial tribunal held that Mr. Slack’s dismissal had been unfair because of certain procedural deficiencies (primarily a failure to disclose … Continue reading Parker Foundry Ltd v Slack: CA 1992

The employee alleged that he had been dismissed for trade Union activities. The Industrial Tribunal held that he had the burden of proving that. The EAT disagreed. Held: The appeal against the decision of the EAT failed.Griffiths LJ said: ‘If an employer produces evidence to the Tribunal that appears to show that the reason for … Continue reading Maund v Penwith District Council: CA 1984

Popplewell J said: ‘We are however faced with what, at any rate, appear to be two conflicting Court of Appeal decisions. It is clear to us that ‘the time of transfer’ must be construed in the same way in relation to the Employment Protection (Consolidation) Act 1978 as to the Transfer of Undertakings (Protection of … Continue reading Brook Lane Finance Co Ltd v Bradley: EAT 1988

EAT The EAT upheld an industrial tribunal’s finding that by unilaterally varying the employee’s job description the employer was in fundamental breach of contract, entitling the employee to resign in accordance with the Sharp contract test. However, in dismissing the employee’s appeal the Tribunal also upheld the industrial tribunal’s further findings that the employer had … Continue reading Genower v Ealing, Hammersmith and Hounslow AHA: EAT 1980

Belief that an employee had resigned was sufficient to justify dismissal. The expression of a wish to resign is capable of being ‘some other substantial reason for dismissal’. If an employer mistakenly does not know of a valid reason for a dismissal but in fact such a reason exists then the fact that the employer … Continue reading Ely v YKK Fasteners (UK) Ltd: CA 15 Jul 1993

The continuity of the period of employment is not broken when an employee is taken into the employment of an ‘associated employer’ of the first employer but the claimant can take advantage of that only if at least one of the employers is a limited company. Citations: [1980] IRLR 472 Statutes: Employment Protection (Consolidation) Act … Continue reading Gardiner v London Borough of Merton: 1980

In a case where union member employees were not granted the same pay rise as was given to non-union members they were not personally treated worse for their trade union membership. Judges: Dillon, Butler-Sloss and Farquharson LJJ Citations: Gazette 07-Jul-1993, Times 05-May-1993, Independent 05-May-1993, Times 05-May-1993, [1994] ICR 97 Statutes: Employment Protection (Consolidation) Act 1978 … Continue reading Associated British Ports v Palmer and Others; Associated Newspapers Ltd v Wilson: CA 5 May 1993

An employment contract made on or about 1st April 1982, under which a teaching post was offered to and accepted by the respondent to commence on 1st May 1982. The 1st May was a Saturday and 3rd May was a Bank Holiday, so that the respondent only undertook her duties as from Tuesday, 4th May. … Continue reading General of Salvation Army v Dewsbury: EAT 1984

Where there had been defects in the procedure adopted at a disciplinary hearing, an appeal which was restricted to a review and was not a rehearing could not remedy the defects of the original hearing. As to the case of Calvin v Carr: ‘Ultimately, an industrial tribunal has to answer the question whether the dismissal … Continue reading Whitbread and Co plc v Mills: EAT 1988

The employee was summarily dismissed by the night production foreman for missing a night shift immediately before taking his annual leave. The personnel officer told the employee about his right of appeal; but the employee decided not to appeal as he did not think there was any point in doing so. The following week the … Continue reading Hoover Ltd v Forde: 1980

The tribunal had ruled that a document sent by a Union District Secretary to head office claiming dispute benefit for the Claimant and other employees of the Appellant employer; although admissible in evidence at common law, would not be received into evidence because its prejudicial effect on those employees it did not affect outweighed its … Continue reading Rosedale Ltd v Sibley: EAT 1980

The Tribunal dealt with the question that arose when an Industrial Tribunal had considered The EAT was asked whether it was reasonable for an employee to decline the new terms of a contract. The Tribunal’s judgment had said: ‘If it was reasonable for him to decline these terms then obviously it would have been unreasonable … Continue reading Chubb Fire Security Ltd v Harper: EAT 1983

The employee, an airline pilot, was entitled to three months contractual notice. The Tribunal had awarded compensation for the full three months even although he had earned a salary from other employment during part of that period. Bristow J said: ‘Now the reason that the Industrial Tribunal awarded the equivalent of the wages that Mr … Continue reading Tradewinds Airways v Fletcher: EAT 1981

A court should not infer that a person is an employee not an independent contractor only because he or she does not appear to be running a business. The tribunal should have applied the definition from the 1976 Regulations which defined a self employed person as some employed ‘otherwise than under a contract of services … Continue reading Ironmonger v Movefield Ltd t/a Deering Appointments: EAT 1988

Redundancy decision without consultation where ‘no difference’ was found, and there was no alternative, was not unfair. Judges: Balcombe LJ Citations: Independent 15-Jul-1994, Times 26-Jul-1994, [1995] ICR 1 Statutes: Employment Protection (Consolidation) Act 1978 57(3) Jurisdiction: England and Wales Citing: Appeal from – Duffy v Yeomans and Partners Ltd EAT 7-Apr-1993 . . Cited – … Continue reading Duffy v Yeoman and Partners Ltd: CA 15 Jul 1994

The appellant had resigned after many years working weekdays in the defendants laundry. She was found to have been constructively dismissed, but that the employer had good reason within the section, in that their need included the need to have a service at weekends The respondents felt it would be unfair to seek someone who … Continue reading J E Davidson v The Sue Ryder Foundation: CA 4 Oct 1996

The Industrial Tribunal should take account of the surrounding circumstances after the dismissal of the employee during strike action. Citations: Times 28-Jul-1993, Independent 17-Aug-1993 Statutes: Employment Protection (Consolidation) Act 1978 62(1) Employment Updated: 10 April 2022; Ref: scu.89904

The tribunal had found the claimant to have been unfairly dismissed. The employer had made a payment in satisfaction of his statutory redundacy payment. He appealed an award by the EAT which deducted that payment from his compensation award. Held: The payment could only be deducted if there had actually been a redundancy. If there … Continue reading Boorman v Allmakes Ltd: CA 21 Apr 1995

The effective date of termination is a statutory construct which depends on what has happened between the parties over time and not on what they may agree to treat as having happened. The EAT upheld the industrial tribunal’s view that, in ascertaining the starting date of a period of continuous employment under the 1978, only … Continue reading Caines v Hamon-Lummus Ltd: EAT 11 Jan 1996

The claimant had been dismissed but had been given no payment in lieu of notice. She claimed to the Industrial Tribunal that this was an unlawful deduction from her wages and that therefore the Industrial Tribunal had jurisdiction. Held: The claim was a claim in contract, and as such had to be presented to the … Continue reading Delaney v Staples: HL 15 Apr 1992

The Employment Appeal Tribunal must give reasons for its decision, if it chooses to allow the amendment of appeal the papers in order to hear a point of law which had been conceded in the industrial tribunal. Citing Liverpool Corporation v Wilson, ‘if a point of law goes to jurisdiction, that may be a good … Continue reading Jones v Governing Body of Burdett Coutts School: CA 2 Apr 1998

The Daily Mail had recognised the Union to which their journalists belonged. They wanted to end this arrangement, and offered a better rate of pay to non-members. The union said this was an unlawful action taken because of union membership. Similar issues arose in Palmer. Held: It was lawful to refuse pay increases to those … Continue reading Associated Newspapers Ltd v Wilson; Associated British Ports v Palmer: HL 31 Mar 1995

The employee was dismissed. His employers offered to pay to him andpound;9,699, the maximum sum he could have been awarded if the matter went to the tribunal, but made no admission of liability. He rejected the offer, saying that he wanted the vindication of a court hearing. The employers said that under these circumstances, the … Continue reading Telephone Information Services v Wilkinson: EAT 1991

The claimant had been summarily dismissed. His application at first made no mention of a complaint that it had related to his trades union activities. He wrote to the secretary seeking amendment of his claim to include a claim that his dismissal was automatically unfair by reason of those activities. By this time the three … Continue reading Selkent Bus Co Ltd v Moore: EAT 2 May 1996

The employee had been made redundant with no attempt at consultation and in breach of procedures. Held: His claim of unfair dismissal was dismissed because even if the procedures had been followed, the result would have been the same. What mattered was whether the employer had behaved reasonably. There was a vital distinction in that … Continue reading Polkey v A E Dayton Services Limited: CA 1986

Appeal against finding of unfair dismissal.
Held: An express mobility clause can be subject to an implied restriction as to reasonable notice. . .

The Tribunal was asked whether the appellant was acting in the course of being a trade union representative at the time when he was dismissed. There was a finding that he was unfairly dismissed but the Appellant complained there had been no finding that the principal reason for his dismissal was that he had taken … Continue reading Burgess v Bass Taverns Ltd: EAT 2 Feb 1994

The Union appealed a finding of unfair dismissal and discrimination. It denied that she had sufficient continuous service, saying that the peirod suggested involved working for two employers. It also said that since the objection went as to jurisdiction, there was no requirement for it to have leave to appeal. Held: Meeting the continuous employment … Continue reading Leicester University Students Union v Mahomed: EAT 6 Dec 1994