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Murphy v Slough Borough Council Governing Body of Langleywood School: CA 16 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

Webb v EMO Air Cargo (UK) Ltd (No 2): HL 20 Oct 1995

The applicant complained that she was dismissed when her employers learned that she was pregnant. Held: 1(1) (a) and 5(3) of the 1975 Act were to be interpreted as meaning that where a woman had been engaged for an indefinite period, the fact that pregnancy was the reason for her temporary unavailability at a time … Continue reading Webb v EMO Air Cargo (UK) Ltd (No 2): HL 20 Oct 1995

Litster and Others v Forth Dry Dock and Engineering Co Ltd: HL 16 Mar 1989

The twelve applicants had been unfairly dismissed by the transferor immediately before the transfer, and for a reason connected with the transfer under section 8(1). The question was whether the liability for unfair dismissal compensation transferred to the transferee. Held: It is the duty of a UK court to construe a statute, so far as … Continue reading Litster and Others v Forth Dry Dock and Engineering Co Ltd: HL 16 Mar 1989

Conoco Ltd v Kevan Booth: EAT 30 Jan 2001

EAT The employer appealed against a finding of unfair dsmissal and unlawful disability discrimination. He claimant suffered post traumatic stress after a fire at the appellant’s premises, and the employer was advised to remove him from safety critical positions. They made attempts to find alternate work, but the claimant said the attempts were inadequate, and … Continue reading Conoco Ltd v Kevan Booth: EAT 30 Jan 2001

Cyprus Airways Ltd v Lambrou: EAT 1 May 2007

EAT Practice and Procedure – 2002 Act and Pre-action Requirements Unfair Dismissal – Constructive Dismissal On 14 October 2004 the Claimant claimed constructive unfair dismissal arising out of four acts of the Respondent. No grievance pursuant to the 2004 Regulations had been presented. The Employment Tribunal allowed the case to proceed at a pre-hearing review … Continue reading Cyprus Airways Ltd v Lambrou: EAT 1 May 2007

Southampton City College v Randall: EAT 22 Sep 2005

EAT Disability Discrimination: Reasonable Adjustments and Justification; Unfair Dismissal: Reasonableness of Dismissal The Employment Tribunal is correct in finding that as employer did not regard the employee as disabled and took no steps to consider reasonable adjustments, it was entitled to find that the employer was in breach of sections 5(1) and 5(2) of the … Continue reading Southampton City College v Randall: EAT 22 Sep 2005

Gate Gourmet v J B Jangra: EAT 12 Dec 2000

EAT Unfair Dismissal – OtherThe employer appealed a finding of unfair dismissal and disability discrimination. She suffered an apparently minor injury, but which led to long standing disability with varying diagnoses. The company doctor came to consider it would be a long time before she could return. She was dismissed for capability. Held: There was … Continue reading Gate Gourmet v J B Jangra: EAT 12 Dec 2000

Woodlands School (Newton Stewart) Ltd v Gordon: EAT 5 Oct 2001

The employer appealed against a finding of disability discrimination. The tribunal was claimed not to have taken account of the codes of practice and the need for a risk assessment. Held: The absence of a risk assessment mean that no adjustment had been considered, and no justification was available. The finding was essentially under 5(1). … Continue reading Woodlands School (Newton Stewart) Ltd v Gordon: EAT 5 Oct 2001

O’Neill v Symm and Co Ltd: EAT 10 Jun 1998

An employer dismissing an employee for sickness absences, and who was unaware that the sickness had come to be a disability, did not discriminate under the Act. The reason for the dismissal was to be looked for in the mind of the employer. Citations: Gazette 08-Jul-1998, Gazette 10-Jun-1998, Times 12-Mar-1998, [1998] IRLR 233 Statutes: Disability … Continue reading O’Neill v Symm and Co Ltd: EAT 10 Jun 1998

Clark v TDG Limited (Trading As Novacold): CA 25 Mar 1999

The applicant had soft tissue injuries around the spine as a consequence of a back injury at work. He was absent from work for a long time as a result of his injuries, and he was eventually dismissed when his medical advisers could provide no clear idea of when it would be possible for him … Continue reading Clark v TDG Limited (Trading As Novacold): CA 25 Mar 1999

Clark v Novacold Ltd: EAT 22 May 1998

The employee appealed against the dismissal of his claim for disability discrimination.
Held: The appeal succeeded. A comparator for the treatment of a disabled person who was away from work sick, was the treatment of a non-disabled person who . .