The pursuer, living in England was dismissed from a post by the defenders whilst he was working for them in Libya. He claimed unfair dismissal. They said that his employment was not subject to British Law. Held: The employment was governed by UK law. Judges: Lord Osborne, Lord Carloway, Lord Brodie Citations: [2010] ScotCS CSIH … Continue reading Ravat v Halliburton Manufacturing and Services Ltd: SCS 22 Jun 2010
The court had to consider a permanent placement of a child with a view to adoption in oposition to the natural parents’ wishes. Held: Particular weight should be attached to the best interests of the child, which may override those of the parent: ‘These measures were particularly far-reaching in that they totally deprived the applicant … Continue reading Johansen v Norway: ECHR 7 Aug 1996
A statement made by a politician as to his intentions on a particular matter if elected could not create a legitimate expectation as regards the delivery of the promise after elected, even where the promise would directly affect individuals, and the costs of a child’s education. Any consequences of a failure to keep a promise … Continue reading Regina v Department of Education and Employment ex parte Begbie: CA 20 Aug 1999
EAT PRACTICE AND PROCEDURE Restricted order reporting Disposal of appeal including remission The Employment Tribunal erred in refusing to extend Restricted Reporting Orders in respect of a Respondent to Employment Tribunal proceedings and a non-party. They failed to carry out the assessment of comparative importance of the Article 8 and Article 10 rights engaged in … Continue reading EF v AB and Others (Practice and Procedure : Restricted Reporting Order): EAT 25 Mar 2015
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EAT Firefighter, who was also trade union health and safety representative, claimed that, having made a protected disclosure, he had suffered a detriment (section 44 of the Employment Rights Act 1996) and been refused permission as a health and safety representative to take time off for the performance of health and safety functions. Claim dismissed. … Continue reading Coats v Strathclyde Fire Board: EAT 3 Nov 2009
Failure to give proper reference. ECJ judgment giving right to make complaint only if cause was result of complaint over health and safety matters. Held: The appeal failed. The section did not protect former workers: ‘section 44 does not, on its proper construction, apply in the circumstances relied upon by Mr Fadipe. The section is … Continue reading Fadipe v Reed Nursing Personell: CA 4 Dec 2001
EAT Health and Safety – Detriment – S 44 Employment Rights Act Judges: The Honourable Lord Johnston Citations: [2004] UKEAT 0048 – 04 – 1512, EATS/0048/04 Links: Bailii, EAT Statutes: Employment Rights Act 1996 44 Jurisdiction: Scotland Employment Updated: 22 May 2022; Ref: scu.228694
Unfair dismissal – automatically unfair dismissal – section 100 Employment Rights Act 1996 The Claimant was a bus operator, operating out of the Putney bus garage, who claimed he had suffered detriment and automatic unfair dismissal on health and safety grounds under Sections 44 and 100 Employment Rights Act 1996 (‘the ERA’). These claims were … Continue reading Castano v London General Transport Services Ltd (Victimisation Detriment Health and Safety): EAT 29 Oct 2019
The transfer of an undertaking involved a series of acts which need not occur at the same time and the time of such transfer must be construed flexibly to reflect the period of time over which the transfer actually occurs. Citations: Times 10-Sep-1998, Gazette 30-Sep-1998, [1998] EWCA Civ 1294, [1998] IRLR 577, [1998] 4 All … Continue reading Clark Tokeley Ltd (T/a Spell Brook Ltd) v Oakes and others: CA 27 Jul 1998
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
The claimant had been unfairly dismissed but in addition to this employment she had also lost her earnings from a private practice as an aerobics teacher at the same facility where she was employed. She had been awarded damages for the employment loss, but not the rest. Held: The court did not state as a … Continue reading Jones v Lingfield Leisure Plc: CA 18 Jun 1998
EAT REDUNDANCY PRACTICE AND PROCEDURE – Bias, misconduct and procedural irregularity The Claimant worked as an Accountant in the Respondent’s Children and Families Directorate. The Employment Tribunal was correct to find that a redundancy situation was created when the Respondent reorganised the Directorate and introduced requirement for skills the Claimant was not considered to have. … Continue reading Barot v London Borough of Brent: EAT 17 Jan 2013
EAT UNLAWFUL DEDUCTION FROM WAGESThe Claimants claimed that the Respondent had wrongly evaluated their jobs under the applicable job evaluation scheme. They contended that properly evaluated they would have been awarded higher scores entitling them to a higher Grade, (Grade 7 or 8). They brought claims for deduction from wages under the Employment Rights Act … Continue reading Kingston Upon Hull City Council v Schofield and Others: EAT 6 Nov 2012
EAT JURISDICTIONAL POINTS – Claim in time and effective date of termination The Claimants were summarily dismissed with immediate effect on 5 October 2010. They appealed; and while their appeals were otherwise unsuccessful they were told that the date of termination of their employment would be the date of the appeal (4 November); and they … Continue reading Hawes and Curtis Ltd v Arfan and Another: EAT 1 Jun 2012
Claim for unlawful deduction from wages. Citations: [2007] EWCA Civ 19, [2007] IRLR 440, [2007] ICR 983 Links: Bailii Statutes: Employment Rights Act 1996 Jurisdiction: England and Wales Employment Updated: 31 October 2022; Ref: scu.248014
Practice and Procedure – Postponement or Stay – Transfer/Hearing Together An employment judge had erred in law in deciding that he lacked jurisdiction to determine a claim under the Third Parties (Rights Against Insurers) Act 2010 (the 2010 Act) arising between the claimant and the insurer of the insolvent first respondent. The employment tribunal was … Continue reading Watson v Hemingway Design Ltd and Others: EAT 16 Dec 2019
Victimisation Discrimination – Protected Disclosure – Interim Relief UNFAIR DISMISSAL The Claimant applied for interim relief pursuant to s.128 of the Employment Rights Act 1996 following the termination of his contract allegedly because he had made protected disclosures. The Respondent contended that there was no entitlement to make such an application as the Claimant was … Continue reading Hancock v Ter-Berg and Another: EAT 25 Jul 2019
EAT NATIONAL MINIMUM WAGE ACT 1998National Minimum Wage Regulations 1999, Reg. 2(2)Unauthorised deductions from wagesAll three Claimants were foreign domestic workers employed in the Respondents’ households. The EAT held that the work done by each of the three Claimants for their respective employers was work to which regulation 2(2) of the National Minimum Wage Regulations … Continue reading Jose v Julio: EAT 8 Dec 2011
EAT NATIONAL MINIMUM WAGE ACT 1998 National Minimum Wage Regulations 1999, Reg. 2(2) Unauthorised deductions from wages All three Claimants were foreign domestic workers employed in the Respondents’ households. The EAT held that the work done by each of the three Claimants for their respective employers was work to which regulation 2(2) of the National … Continue reading Chamsi-Pasha and Another v Udin and Another: EAT 8 Dec 2011
EAT Unfair Dismissal : Constructive Dismissal Compensation Employment Tribunal entitled to conclude, on the facts, that Respondent was in breach of implied term of trust and confidence. Claimant resigned in response. She was constructively dismissed. S.124(1) Employment Rights Act 1996. The Employment Tribunal was wrong to make a compensatory award to Claimant in excess of … Continue reading Hardie Grant London Ltd v Aspden: EAT 3 Nov 2011
EAT VICTIMISATION DISCRIMINATIONWhistleblowingProtected disclosureThe Employment Tribunal clearly found the Claimant was dismissed fairly by reason of redundancy. That finding meant that the claim that he was dismissed for whistleblowing failed. There was no error of law.It is reasonably arguable that the claim of per-employment detriments which failed as a matter of construction of Employment Rights … Continue reading Hinton v Argos Ltd: EAT 7 Oct 2011
EAT (Practice and Procedure : Striking-Out or Dismissal) The Employment Judge ought not to have struck out the Claimant’s claim for unfair dismissal under section 103A of the Employment Rights Act 1996. Ezsias v North Glamorgan NHS Trust [2007] ICR 1126 applied. Judges: Richardson J Citations: [2011] UKEAT 0182 – 11 – 0909 Links: Bailii … Continue reading Pillay v Inc Research UK Ltd: EAT 9 Sep 2011
EAT VICTIMISATION DISCRIMINATION – Protected disclosureUNFAIR DISMISSAL – Automatically unfair reasonsThe Tribunal erred in law in holding that words spoken at a meeting by the Claimant did not amount to information for the purposes of section 43B of the Employment Rights Act 1996. Cavendish Munro Professional Risks Management v Geduld [2010] ICR 125 applied.The Tribunal … Continue reading Freeman v Ultra Green Group Ltd: EAT 9 Aug 2011
EAT JURISDICTIONAL POINTS – Claim in time and effective date of terminationClaimant given notice of dismissal subject to a right of appeal and on the basis that the employment would not terminate if she lodged an appeal by a prescribed deadline, which she was treated as having done – Claimant presents claim in advance of … Continue reading The Governing Body of Wishmorecross School v Balado: EAT 12 Jul 2011
EAT UNFAIR DISMISSAL – CompensationPRACTICE AND PROCEDURE – Appellate jurisdiction/reasons/Burns-Barkebr />The successful Claimant worked in the NHS from 1983 but for the Respondent Trust only from 2006. The dispute about this was raised in submissions on the basic award. The Employment Tribunal calculated back to 1983. The EAT allowed the jurisdictional point about Employment Rights … Continue reading Winchester and Eastleigh Healthcare NHS Trust v Walker: EAT 24 Jun 2011
EAT RIGHTS ON INSOLVENCYThe Employment Judge erred in law in making an award of notice pay under section 182 of the Employment Rights Act 1996 when the employer company was not insolvent as defined in section 183(1) and (3). Secretary of State for Trade and Industry v Walden [2000] IRLR 168 applied. Judges: Richardson j … Continue reading The Secretary of State for Business Innovation and Skills v Coward and Another: EAT 21 Jul 2011
mchoice_aaldersEAT2011 EAT JURISDICTIONAL POINTS – Claim in time and effective date of terminationThe employee was dismissed on notice expiring on 1 February 2011. On its expiry she would have had sufficient qualifying service to present a complaint of unfair dismissal. On 11 January 2011 during her period of notice she presented a complaint of unfair … Continue reading M-Choice UK Ltd v Aalders: EAT 10 Aug 2011
EAT UNLAWFUL DEDUCTION FROM WAGESThe Claimants made claims against their employer for an unlawful deduction from their wages contrary to the provisions of section 13 of the Employment Rights Act 1996, in respect of money due under its bonus scheme for the years 2009 and 2010. The Claimants had been dismissed by reason of gross … Continue reading Hellewell and Another v Axa Services Ltd and Another: EAT 25 Jul 2011
EAT UNFAIR DISMISSAL – Reasonableness of dismissalVICTIMISATION DISCRIMINATION – Protected disclosureThe ET erred in holding that the Appellant lecturer was fairly dismissed for misconduct in refusing to undertake duties which the Respondent required her to undertake. The ET failed to consider whether the employer had conducted a proper investigation into the agreement reached as to … Continue reading Smith v London Metropolitan University: EAT 21 Jul 2011
Appeal at the instance of the employee applicant in respect of a finding by the Employment Tribunal confirmed on review that in the relevant circumstances the respondent employer was not in breach of section 1(1) of the National Minimum Wage Act 1998 nor had they made any unlawful deductions from the applicant’s wages in contravention … Continue reading Laird v A K Stoddart Ltd: EAT 18 Jan 2001
EAT UNFAIR DISMISSAL – Retirement UNFAIR DISMISSAL – Polkey deduction Employee reaching retirement age requests extension – Employer purports to follow procedure under Schedule 6 of Employment Equality (Age) Regulations 2006 and rejects request – Tribunal holds, on basis of admissions from employer’s witnesses, that the managers in question regarded themselves as absolutely bound by … Continue reading Compass Group Plc v Ayodele: EAT 14 Jul 2011
EAT VICTIMISATION DISCRIMINATION – Protected disclosureThe issue was whether a complaint under section 47B of the Employment Rights Act 1996 had been presented in time. The employment judge ruled that that issue should be decided when the Claimant’s other claims were considered on their merits, because evidence was required to decide whether the various detriments … Continue reading St John Ambulance v Mulvie: EAT 1 Jul 2011
EAT JURISDICTIONAL POINTS Worker, employee or neither Agency relationships The Claimants were not employees of Respondent 4, on its insolvency the Secretary of State had no liability to them under s.182-188 of the Employment Rights Act 1996. Judges: Serota QC J Citations: [2011] UKEAT 0571 – 10 – 1705 Links: Bailii Statutes: Employment Rights Act … Continue reading The Secretary of State for Business Innovations and Skills v Studders and Others: EAT 17 May 2011
EAT UNFAIR DISMISSAL – Automatically unfair reasonsUnfair dismissal – automatically unfair reasons – health and safety cases.Section 100(1)(e) should be applied in two stages. Firstly, the Tribunal should consider whether the criteria set out in that provision have been met, as a matter of fact. Were there circumstances of danger which the employee reasonably believed … Continue reading Oudahar v Esporta Group Ltd (Unfair Dismissal : Automatically Unfair Reasons): EAT 22 Jun 2011
EAT UNFAIR DISMISSAL – Reasonableness of dismissalThe Employment Tribunal’s reasons show that the majority did not correctly apply section 98(4) of the Employment Rights Act 1996. London Ambulance Service NHS Trust v Small [2009] IRLR 563 and Fuller v London Borough of Brent [2011] EWCA Civ 267 considered. Judges: Richardson J Citations: [2011] UKEAT 0007 … Continue reading Eaga Plc v Tideswell: EAT 16 May 2011
The employee complained of her dismissal having made protected disclosures. The company said that the dismissal was for reasons of inadequate work. Held: The company’s appeal succeeded. Subject to possible qualifications said to be irrelevant to the present case, a tribunal required to determine ‘the reason (or, if more than one, the principal reason) for … Continue reading Royal Mail Ltd v Jhuti: CA 20 Oct 2017
The claimant appealed refusal to award damages after an alleged failure to give a proper reference, saying that the decision in Fadipe could not stand with the later decision in Rhys-Harper. She said that she had suffered victimisation after making a protected disclosure, but after having left the company. The company said that the Act … Continue reading Woodward v Abbey National Plc: CA 22 Jun 2006
EAT SEX DISCRIMINATIONBurden of proofPregnancy and discriminationUNFAIR DISMISSAL – Automatically unfair reasonsRegulation 10(3)(a) and Regulation 10(3)(b) of the Maternity and Parental Leave Regulations 1999 must be read together in determining whether there is a suitable available vacancy under Regulation 10(2). Judges: Ansell J Citations: [2010] UKEAT 0544 – 09 – 2708, [2011] ICR 75 Links: … Continue reading Simpson v Endsleigh Insurance Services Ltd and Others: EAT 27 Aug 2010
Uber drivers are workers The claimant Uber drivers sought the status of workers, allowing them to claim the associated statutory employment benefits. The company now appealed from a finding that they were workers. Held: The appeal failed (Underhill LJ dissenting) The drivers accepted the control of tee Uber app: ‘Even if drivers are not obliged … Continue reading Uber Bv and Others v Aslam and Others: CA 19 Dec 2018
EAT PRACTICE AND PROCEDURE: Striking-out/dismissalOn remission by the EAT, the Employment Tribunal did not err when it heard evidence and then struck out the Claimant’s claims of dismissal and detriment contrary to Employment Rights Act 1996 s 44, following her complaints about health and safety. It noted her related claims for andpound;20m against the Respondent … Continue reading Iya-Nya v British Airways Plc: EAT 19 Aug 2009
EAT VICTIMISATION DISCRIMINATION: Whistleblowing Appellant raised concerns with employer about immigration status of staff and students, and other alleged irregularities – Dismissed shortly afterwards – Claim of ‘ordinary’ unfair dismissal but also of detriment and dismissal for making a protected disclosure contrary to ss 47B and 103A of the Employment Rights Act 1996. Held: (1) … Continue reading El-Megrisi v Azad University (Ir) In Oxford: EAT 5 May 2009
The claimant a citizen of the Netherlands, appealed against the refusal to grant him housing assistance. He had been unemployed save for taking casual work during the Wimbledon championships, but the Authority had denied that he was a worker. He had also suffered an injury preventing him working. Held: The appeal succeeded. The term ‘worker’ … Continue reading Barry v London Borough of Southwark: CA 19 Dec 2008
EAT UNFAIR DISMISSAL: Automatically unfair reasons PRACTICE AND PROCEDURE: Appellate jurisdiction/reasons/Burns-Barke The employee claimed that she had been dismissed for making protected disclosures and that her dismissal was unfair under s98A(1) and 98(4) of the Employment Rights Act 1996 (ERA). She failed on protected disclosure; the dismissal was unfair under s98A(1) but if a proper … Continue reading Muchesa v Central and Cecil Housing Care Support: EAT 22 Aug 2008
Unfair dismissal – reasonableness of dismissal – section 98(4) Employment Rights Act 1996 The Claimant was a teacher employed by the Respondent who had an unblemished career until it was alleged that he had acted inappropriately by grabbing a pupil (pupil A), pushing him against a wall and putting his fingers to the pupil’s throat. … Continue reading Hargreaves v Manchester Grammar School: EAT 11 Jun 2018
An industrial tribunal hearing conducted behind the locked doors of the chairman’s office was not held in public, even if, in fact, no member of the public was prevented from attending. The obligation to sit in public was fundamental, and the tribunal had no jurisdiction to conduct itself in this way. The industrial tribunal system … Continue reading Storer v British Gas plc: CA 25 Feb 2000
UNFAIR DISMISSAL – Exclusions including worker/jurisdiction UNFAIR DISMISSAL – Reason for dismissal including substantial other reason UNFAIR DISMISSAL – Reasonableness of dismissal UNFAIR DISMISSAL – Polkey deduction The Claimant was a Reservist in the Marines. He was dismissed without warning for some other substantial reason in that he had committed to undertake a seven-week training … Continue reading Hawkes v Ausin Group (UK) Ltd: EAT 14 Jun 2018
The claimant had been employed by the respondent, but after taking maternity leave had been made redundant. The employer claimed her continuous employment had been broken. Held: The section intended to protect continuous employment despite what might otherwise be breaks in employment. Nevertheless, the parties had to agree that employment would continue. That required both … Continue reading Curr v Marks and Spencer Plc: CA 13 Dec 2002
The employer had applied to strike out their employee’s claim for unfair dismissal, and also sought a deposit from the claimant. The claim had been re-instated by the EAT. Held: A claim should not be struck out where, as here, there were facts in dispute between the parties which might affect the decision. It was … Continue reading Ezsias v North Glamorgan NHS Trust: CA 7 Mar 2007
(Northern Ireland) The applicant sought judicial review of a decision not to disclose documents held by the respondent to him saying that the refusal was disproportionate and infringed his human rights. The respondents said that the documents were provided on an assurance of confidentiality. Held: Disclosure rules are different in judicial review proceedings since such … Continue reading Tweed v Parades Commission for Northern Ireland: HL 13 Dec 2006
EAT The Claimant, a director of the Respondent, was dismissed for gross misconduct. There were grounds upon which the Respondent could reasonably have treated his conduct as justifying immediate dismissal for a fair reason within the meaning of section 98 of the Employment Rights Act 1996. However the ET found that the true reason for … Continue reading East Lancashire Coachbuilders v Hilton: EAT 24 Aug 2006
EAT Employment Tribunal struck out unfair dismissal claims stating they were bound to fail. The employers had made two applications, one for a deposit to be ordered pursuant to rule 20 of the Employment Tribunal rules, and the second for a strike-out pursuant to rule 18(7)(b) on the grounds that the appeal had no reasonable … Continue reading Ezsias v North Glamorgan NHS Trust: EAT 25 Jul 2006
Renewed application for permission to appeal. Judges: Buxton LJ, Maurice Kay LJ Citations: [2006] EWCA Civ 1154 Links: Bailii Statutes: Employment Rights Act 1996 47B Jurisdiction: England and Wales Citing: Cited – Kraus v Penna Plc and Another EAT 20-Nov-2003 The claimant said that his dismissal was automatically unfair on the basis that he had … Continue reading Babula v Waltham Forest College: CA 21 Jul 2006
EAT The claimant appealed against a finding that she had not been unfairly dismissed after she had refused what the employer said was an appropriate alternative position. Judges: Lindsay J P Citations: [2001] UKEAT 1508 – 00 – 1505 Links: Bailii Statutes: Employment Rights Act 1996 98 Jurisdiction: Scotland Employment Updated: 07 July 2022; Ref: … Continue reading Marenghi v The Western Baths Club: EAT 15 May 2001
EAT Unfair Dismissal: Reasonableness of Dismissal and CompensationEmployment Tribunal correctly applied the objective test of the band of reasonable responses to the facts it found. Appeal against liability dismissed.On the basic award of compensation, it did not err when it did not reduce the award by 50% as it had for contributory fault in respect … Continue reading Compass Group UK and Another v Baldwin: EAT 5 Jan 2006
The claimant said that he had been indirectly discriminated against on racial grounds. He was dismissed after being elected as a local councillor for the BNP. The employer considered that for Health and Safety reasons, his dismissal was necessary because of the upset and disturbance his continued employment would create with Asian co-workers and passengers. … Continue reading A C Redfearn v Serco Ltd T/A West Yorkshire Transport Service: EAT 27 Jul 2005
EAT Unfair Dismissal When an employee is dismissed and then reinstated on an internal appeal it is open to the parties to agree reinstatement as a matter of contract and such an arrangement albeit made after the gap in the continuity of employment, fills in the gap for the purposes of section 212 of the … Continue reading London Probation Board v Kirkpatrick: EAT 7 Jan 2005
CONTRACT OF EMPLOYMENT, UNFAIR DISMISSAL The Tribunal found as a fact that the claimant before the Tribunal, an HGV driver, was wholly to blame for a road traffic accident that wrote off the respondent’s HGV. That accident (together with the claimant’s accident history) also resulted in the respondent’s insurer’s refusal to continue to provide cover … Continue reading SM Trucking Ltd v Dixon: EAT 26 Oct 2021
The claimant sought increased maternity pay. Before beginning her maternity leave she had been awarded a pay increase, but it was not backdated so as to affect the period upon which the calculation of her average pay was based. The court made a detailed comparison of the regimes for protection under the Employment Rights Act … Continue reading Alabaster v Barclays Bank Plc and Another: CA 3 May 2005
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
In a protected disclosure case, time runs from the occurrence of the alleged detriment and not from the alleged disclosure.Lord Nimmo Smith said: ‘It would appear to us to be consistent with the main purpose of the 1998 Act to approach the matter in this way, as to construe it in the manner suggested by … Continue reading Stolt Offshore Ltd v Miklaszewicz: SCS 21 Dec 2001
The employee had been dismissed. Her contractual notice period was longer than the statutory period. Held: The statutory notice period prevailed in calculating the date of dismissal. The contractual period could not be used to extend the total period of employment to allow a claim for loss of the right to claim unfair dismissal. Had … Continue reading Sally Harper v Virgin Net Limited: CA 10 Mar 2004
EAT Unfair Dismissal – Reason for dismissal including substantial other reason Judges: His Hon Judge Ansell Citations: UKEAT/644/03, [2004] UKEAT 0644 – 03 – 2301 Links: Bailii, EAT Cited by: Cited – Fecitt and Others v NHS Manchester EAT 23-Nov-2010 EAT VICTIMISATION DISCRIMINATION – Protected disclosureS.47B of the Employment Rights Act 1996 provides that ‘A … Continue reading Virgo Fidelis Senior School v Kevin Boyle: EAT 11 Dec 2003
The employee claimed that he had been unlawfully dismissed, and that his dismissal broke the protection given to whistleblowers under the Act. The employer appealed. Held: In such claims it was necessary first for the tribunal to establish whether it had jurisdiction, by testing whether a protected disclosure had taken place, and whether that had … Continue reading ALM Medical Services Limited v Bryan Bladon: CA 26 Jul 2002
Unfair Dismissal – reasonableness of the decision to dismiss – section 98(4) Employment Rights Act 1996 The Claimants had been dismissed for failing to comply with the Respondent’s fire safety policy. Rather than each signing-in and out when they came on, or left, site, Mr Gaskell would sign for both. The Respondent took the view … Continue reading Wilko Retail Ltd v Gaskell and Another: EAT 22 Nov 2018
A Local Authority had a duty of care to a fostering family when allocating children. A child was known to have a history of sexual abuse and was fostered with a family with other children, and no warning had been given.Foster parents sued the council for breach of contract and for alleged negligence for breach … Continue reading W 1-6 v Essex County Council and Another: CA 2 Apr 1998
The Court was asked whether a district judge qualifies as a ‘worker’ for the purpose of the protection given to whistle-blowers under Part IVA of the 1996 Act, and if not then was the absence of protection an infringement of her human rights. Held: As an office holder, she was neither employee nor worker, and … Continue reading Gilham v Ministry of Justice: SC 16 Oct 2019
Where an employee had taken extended maternity leave but was then unable to return for post-natal depression, but she was dismissed, the resumption of her contract on issuing her notice of intention to return revived her sickness rights anew.The applicant had had her claims of unfair dismissal and sex discrimination had been rejected by the … Continue reading Halfpenny v IGE Medical Systems Ltd: CA 18 Dec 1998
The appellants resisted disclosure to the revenue of advice it had received. It claimed legal advice privilege (LAP), though the advice was from its accountants. Held: (Lords Sumption and Clarke dissenting) LAP applies to all communications passing between a client and its lawyers, acting in their professional capacity, in connection with the provision of legal … Continue reading Prudential Plc and Another, Regina (on The Application of) v Special Commissioner of Income Tax and Another: SC 23 Jan 2013
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
Exemplary Damages Award in Defamation The plaintiff had been awarded damages for defamation. The defendants pleaded justification. Before the trial the plaintiff gave notice that he wanted additional, exemplary, damages. The trial judge said that such a claim had to have been pleaded. The Court of Appeal had considered Rookes -v- Barnard to have been … Continue reading Cassell and Co Ltd v Broome and Another: HL 23 Feb 1972
Minister was not an employee The claimant asserted unfair dismissal. The Conference said that as an ordained minister she was not an employee, and was outwith the jurisdiction of such a claim. Held: The Conference’s appeal succeeded (Baroness Hale dissenting). The essence of the arrangement between the Conference and a minister lay in the constitution … Continue reading Methodist Conference v Preston: SC 15 May 2013
No Condemnation Without Opportunity For Defence Ridge, a Chief Constable, had been wrongfully dismissed without being given the opportunity of presenting his defence. He had been acquitted of the charges brought against him, but the judge at trial had made adverse comments about his behaviour. He now accepted that he should leave, but sought to … Continue reading Ridge v Baldwin (No 1): HL 14 Mar 1963
A compromise agreement anticipating termination of employment could compromise claims contemplated and identified, but could not debar ‘a particular complaint’ not referred to, in this case a sex discrimination claim. Citations: Gazette 21-Apr-1999, (1999) ICR 17 Statutes: Employment Rights Act 1996 203 Employment Updated: 09 April 2022; Ref: scu.83244
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
EAT Unfair Dismissal: Reasonableness of Dismissal – Contributory fault Unfair dismissal – unfairness – section 98(4) Employment Rights Act 1996 (‘ERA’) Unfair dismissal – contributory fault – section 123(6) ERA The Claimant, who had worked in a team providing 24/7 care to the Respondent (a man in his mid-30s who has severe learning difficulties, physical … Continue reading Tolley v Scofield: EAT 15 Mar 2017
The 1987 Regulations provided additional benefits for disabled persons, but excluded from benefit those who had nowhere to sleep. The claimant said this was irrational. He had been receiving the disability premium to his benefits, but this was cancelled when he lost his home. Held: The appeal was dismissed. The disabilty premium, as part of … Continue reading RJM, Regina (on the Application of) v Secretary of State for Work and Pensions: HL 22 Oct 2008
EAT (Unlawful Deduction From Wages) CONTRACT OF EMPLOYMENT – Damages for breach of contract The Employment Judge’s findings of fact and conclusions on the reason for dismissal and its fairness were permissible in light of the evidence and disclose no error of law. They are adequately reasoned. However, the Employment Judge misdirected himself in law … Continue reading Davies v Droylsden Academy: EAT 11 Oct 2016
STATUTORY MATERNITY PAY – entitlement to SMP – termination of employment when going on maternity leave – conciliation by ACAS – whether COT3 agreement can compromise claim to SMP – held that SMP is payable – s203 Employment Rights Act 1996 – Section 164, Social Security Contributions and Benefits Act 1992 [2019] UKFTT 635 (TC) … Continue reading NVCS Ltd v Revenue and Customs (Statutory Maternity Pay – Entitlement To SMP): FTTTx 17 Oct 2019
EAT UNFAIR DISMISSAL – Reasonableness of dismissal Unfair Dismissal – Fairness of Dismissal – Section 98(4) Employment Rights Act 1996 The ET found that the reason for the Claimant’s dismissal was his conduct on 24 October 2012. The Respondent had initially decided the sanction for this should be a final written warning. The decision to … Continue reading John-Charles v NHS Business Services Authority: EAT 12 Oct 2015
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
EAT Unfair Dismissal: Dismissal/Ambiguous Resignation – The Claimant’s case before the ET had been one of direct dismissal for the purpose of section 95(1)(a) Employment Rights Act 1996, specifically whether the contract under which the Claimant was employed had been terminated by the Respondent’s conduct in not rostering the Claimant for any work for the … Continue reading Kumbu v Primelife: EAT 13 Jul 2015
Closed Material before Supreme Court Under the 2009 order, the appellant Bank had been effectively shut down as to its operations within the UK. It sought to use the appeal procedure, and now objected to the use of closed material procedure. The Supreme Court asked itself whether it was possible for the Supreme Court to … Continue reading Bank Mellat v Her Majesty’s Treasury (No 1): SC 19 Jun 2013
EAT JURISDICTIONAL POINTS PRACTICE AND PROCEDURE – Costs The Claimant alleged unfair and/or wrongful dismissal, arising out of a resignation which the Employment Appeal Tribunal found had been made without any notice, and where there had been no repudiatory breach by the employer. Accordingly, the Claimant was not entitled to any award of compensation for … Continue reading Advanced Collection Systems Ltd v Gultekin (Jurisdictional Points): EAT 6 Feb 2015
EAT Maternity Rights and Parental Leave – Sex discrimination Unfair dismissal Return to work Maternity and Parental Leave Regulations 1999 (MAPL Regs) – regulation 10 – redundancy during maternity leave and entitlement to be offered suitable available vacancy. Equality Act 2010 (EqA) – section 18 – direct discrimination because of pregnancy and maternity Appeal against … Continue reading Sefton Borough Council v Wainwright: EAT 13 Oct 2014
EAT Unlawful Deduction From Wages – The Claimants declined to be taken to work at HMP Dartmoor on a road which had been closed following snowfall. On the question whether the Claimants reasonably believed that there were circumstances of danger which were serious and imminent, (section 44(1)(d) and (e) of the Employment Rights Act 1996), … Continue reading Edwards and Others v The Secretary of State for Justice: EAT 24 Jul 2014
The parties had arbitrated their dispute in London under a bilateral investment treaty between the US and Ecuador. The republic sought to appeal the arbitration. The applicant now appealed an order that the English High Court had jurisdiction to hear the appeal. Held: The appeal was dismissed. The treaty was intended to encourage bilateral trading … Continue reading Occidental Exploration and Production Company vRepublic of Ecuador: CA 9 Sep 2005
EAT Jurisdictional Points – Immunity A Police Misconduct Board before whom the Claimant Police Officer admitted misconduct decided that she should be dismissed from the force. She had no right to claim for unfair dismissal under the Employment Rights Act 1996, and a claim to that effect was struck out. But she also claimed that … Continue reading P v Commissioner of Police of The Metropolis: EAT 25 Mar 2014
EAT Victimisation Discrimination : Protected Disclosure On the facts of this case the Employment Judge did not err in holding that three emails from the Claimant to the Respondent taken together can amount to a qualifying disclosure within the meaning of Employment Rights Act 1996 section 43B(1) even though they were not sent to the … Continue reading Norbrook Laboratories (GB) Ltd v Shaw: EAT 24 Jan 2014
The claimant alleged infringement by the defendant of assorted intellectual property rights in its database. It provided systems for recovering materials deleted from Nokia mobile phones. Held: ‘the present case is concerned with a collection of numerical data . . the individual items of data are not protected by copyright. It follows that the collection … Continue reading Forensic Telecommunications Services Ltd v West Yorkshire Police and Another: ChD 9 Nov 2011
Same Sex Paartner to Inherit as Family Member The claimant had lived with the original tenant in a stable and long standing homosexual relationship at the deceased’s flat. After the tenant’s death he sought a statutory tenancy as a spouse of the deceased. The Act had been extended to include as a spouse someone living … Continue reading Fitzpatrick v Sterling Housing Association Ltd: HL 28 Oct 1999
The plaintiffs had been indicted on counts alleging conspiracy to import drugs and conspiracy to forge traveller’s cheques. During the criminal trial it emerged that there had been such inadequate disclosure by the police that the proceedings were stayed as an abuse of process. The plaintiffs then instituted civil proceedings alleging conspiracy to injure and … Continue reading Darker v Chief Constable of The West Midlands Police: HL 1 Aug 2000
The appellant challenged reversal by the EAT of a finding that it had not unlawfully victimised the respondents for the making of a protected disclosure. The claimant had reported a co-worker exaggerating his qualifications. After repeated investigations, the employer decided that the apology from the employee was enough. When the claimant persisted the employee who … Continue reading NHS Manchester v Fecitt and Others: CA 25 Oct 2011
met_shawEAT2011 EAT VICTIMISATION DISCRIMINATION – RemedyThe Claimant, an officer in the Metropolitan Police, reported dishonest conduct by a colleague. As a result of his complaint, the colleague and his superior officer had him suspended on unfounded disciplinary charges, which were collusively supported by a more senior officer. The charges were in due course dropped, but … Continue reading Commisioner of Police of The Metropolis v Shaw: EAT 29 Nov 2011
EAT Unfair dismissal – Automatic unfair dismissal for trade union activitiesUnfair dismissal – Fair in all the circumstances pursuant to s.98(4) of the Employment Rights Act 1996.Delay – Tribunal delay in delivering judgment.Employee is a shop steward – redundancy selection – during consultation process employee expresses opposition to need for change and implementation of new … Continue reading British Gypsum Ltd v Thompson: EAT 22 Nov 2011
The claimant had been dismissed from his post as chair of archeology after criticism of his marking practices. Though a report vindicated him, the respondent continued with disciplinary procedures. He claimed unfair dismissal. The EAT had allowed the university’s appeal saying that the found repudiatory breach had been remedied before the resignation. The University now … Continue reading Buckland v Bournemouth University Higher Education Corporation: CA 24 Feb 2010
The council appealed against a finding that the claimant’s case had been brought in time. There had been negotiations for a compromise agreement which had failed. The EAT had found it unclear that the employment had ended at the point asserted by the employers. Held: The draft and correspondence had all been ‘subject to contract’ … Continue reading Kirklees Metropolitan Council v Radecki: CA 8 Apr 2009
amnesty_ahmedEAT2009 EAT RACE DISCRIMINATION – Direct discriminationRACE DISCRIMINATION – Indirect discriminationRACE DISCRIMINATION – Protected by s. 41UNFAIR DISMISSAL – Constructive dismissalClaimant, of (northern) Sudanese ethnic origin, applied for promotion to role of ‘Sudan researcher’ for Amnesty International – Not appointed because Amnesty believed that the appointment of a person of her ethnic origin would compromise … Continue reading Amnesty International v Ahmed: EAT 13 Aug 2009
EAT JURISDICTIONAL POINTS – Worker, employee or neitherA Tribunal determined that a solicitor who had been an employee, but who then accepted remuneration calculated as a ‘profit share’, remained an employee and did not become a partner. It did so without express reference to the Partnership Act 1890, and was contended to be wrong in … Continue reading Williamson and Soden Solicitors v Briars: EAT 20 May 2011
Exercise of Prerogative Power is Reviewable The House considered an executive decision made pursuant to powers conferred by a prerogative order. The Minister had ordered employees at GCHQ not to be members of trades unions. Held: The exercise of a prerogative power of a public nature may be, subject to constraints of national security and … Continue reading Council of Civil Service Unions v Minister for the Civil Service: HL 22 Nov 1984
