The claimant faced a finding that the Industrial Tribunal did not have jurisdiction. He sought leave to appeal to establish by another route under Schedule 13, the necessary continuity of employment under Section 64(1)(a). Held: Continuity of employment, and therefore the qualifying period for a claim, is a question of jurisdiction. Knox J said: ‘We … Continue reading Russell v Elmdon Freight Terminal Limited: EAT 1989

EAT UNFAIR DISMISSAL – Reasonableness of dismissal CONTRACT OF EMPLOYMENT – Wrongful dismissalEmployment Tribunal found Claimant guilty of serious misconduct for which dismissal fell within the range of reasonable responses; but that it did not amount to gross misconduct therefore the dismissal was unfair. Applying s98(4) Employment Rights Act 1996, finding of unfair dismissal was … Continue reading Weston Recovery Services v Fisher: EAT 7 Oct 2010

The management introduced a new machine. The appellants left the premises and did not return. They were dismissed. They now appealed a finding that they had not been unfairly dismissed. Held: The appeal failed. Whether the employer had through his behaviour contributed to the industrial action was not relevant. Judges: Phillips J P Citations: [1976] … Continue reading Thompson and others v Eaton Ltd: EAT 14 Apr 1976

An airline pilot complained that he had been unfairly dismissed and the Industrial Tribunal, without considering whether or not they had jurisdiction to hear the complaint on the ground that the employee might ordinarily work abroad, found that the dismissal was unfair. The case had been listed before the Industrial Tribunal upon the jurisdictional question … Continue reading British Midland Airways Limited v Lewis: EAT 1978

The employer announced the closure of two factories and the redundancy of the workforce, at one factory in 15 days’ time and, at the other, in 63 days’ time. There was no consultation. The employer appealed a 60 day protective award. Held: (Majority) Appeal allowed in part. The ET were misled into thinking that the … Continue reading Talke Fashions Ltd v Society of Textile Workers: EAT 1978

The court discussed the test to be applied to an employment to see whether a British court had jurisdiction over it: ‘But in other cases there is more difficulty. I refer particularly to the type of case we have here of the airline pilot. He is based in Great Britain, but ordinarily works for the … Continue reading Todd v British Midland Airways: CA 2 Jan 1978

The court considered selection procedures in redundancy situations. Stamp LJ said: ‘It may be hard on employers in the embarrassing situation in which Mr Benfield [the employer] found himself in this case to have the matter so largely removed out of their control and left to the discretion of the so-called industrial jury. But once … Continue reading Bessenden Properties Limited v Corness: CA 1974

A stipendiary lay reader claimed for unfair dismissal. The respondent denied there was any contract of service. Held: The Tribunal rejected a submission that the claimant was an office holder and, as such, that it followed he was not employed under a contract of service: ‘Merely to say that someone holds an office does not … Continue reading Barthope v Exeter Diocesan Board of Finance: EAT 1979

Mr Nelson was employed as a producer but had in fact been engaged in the Caribbean Service of the BBC in terms of the work which he had actually been doing. The contract of employment expressly provided that he should serve wherever and however he might be required. Held: For a tribunal to find itself … Continue reading Nelson v British Broadcasting Corporation (No 2 ): CA 1980

The claimants appealed against rejection of their claims for unfair dismissal. Held: The appeals failed. The ET was entitled on the evidence to find that the two appellants had not met the standard of work required by the employer. Talbot J [1979] UKEAT 598 – 78 – 2604 Bailii Trade Union and Labour Relations Act … Continue reading Gozdzik and Scopigno v Chlidema Carpet Co Ltd: EAT 26 Apr 1979

Appeal from a decision of an industrial tribunal which decided that Mr. Kumchyk, the employee, had not been unfairly dismissed by Derby City council. He had been directed to work at a particular car park, but had refused. On appeal he now sought to argue a new point, that the order had been unlawful, since … Continue reading Kumchyk v Derby City Council: EAT 24 Jul 1978

In a case on the issue of sufficiency of qualifying service for bringing an ordinary case of unfair dismissal, the court considered the allocation of the burden of proof in employment cases. Held: The burden is upon he who is seeking to rely upon the exception to bring himself within it. The court also considered … Continue reading Smith v Hayle Town Council: CA 1978