Question as to the proper interpretation and effect of provisions of the Industrial Relations (Northern Ireland) Order 1992 (‘the 1992 Order’). The two questions posed by the deputy resident magistrate are as follows: ‘(1) Was I correct in holding, on the facts admitted, proved and found by me, that the Northern Ireland Hotels federation was … Continue reading Northern Ireland Certification Officer for Trade Unions and Employers Associations v Cunningham and others: CANI 10 Jan 2008

EAT Unfair Dismissal – Reason for dismissal including substantial other reason. Judges: His Honour Judge Peter Clark Citations: [1999] UKEAT 596 – 97 – 1607, EAT/596/97 Links: Bailii, EAT Jurisdiction: England and Wales Citing: Cited – Age Concern Scotland v Hines EAT 1983 An employee in a unique position within a company could not have … Continue reading Dormers Wells Infant School v Gill: EAT 16 Jul 1999

The claimant alleged that his selection for redundancy was unfair, the company having failed properly to consult its own employee consultation council and in having failed to disclose its scoring system. The company said that any such complaint could only be made by the representative with whom consultation should have taken place. Held: The claimant … Continue reading Northgate HR Ltd v Mercy: CA 13 Dec 2007

Citations: [2001] EWCA Civ 1183 Links: Bailii Jurisdiction: England and Wales Citing: Appeal from – ALM Medical Services Ltd v Bladon EAT 19-Jan-2001 . . Cited by: See Also – ALM Medical Services Ltd v Bladon CA 22-Nov-2001 Application for leave to appeal. . .See Also – ALM Medical Services Limited v Bryan Bladon CA … Continue reading ALM (Medical Services) Ltd v Bladon: CA 10 Jul 2001

JURISDICTIONAL POINTS – Worker, employee or neither PRACTICE AND PROCEDURE – Amendment PRACTICE AND PROCEDURE – Application/claim On the specific grounds of appeal put forward by the Appellant (the Claimant before the ET), the ET had not erred in refusing the application by the Claimant to add a second respondent to the claim when he … Continue reading Patel v Specsavers Optical Group Ltd (Contract of Employment – Whether Established): EAT 13 Sep 2019

A Share Option Scheme provided that the option could not be exercised if the option holder ceased to be an executive ‘for any reason’. The employer dismissed Mr Micklefield wrongfully, so that he ceased to be an employee before he was able to exercise his option. As a matter of construction there was no implied … Continue reading Micklefield v SAC Technology Ltd: 1990

The EAT considered a case of the dismissal for admitted, serious dishonesty concerning expenses by one of the directors of the Society, who held a position of considerable responsibility. The Industrial Tribunal found the dismissal was unfair because the employers had not carried out as much investigations as they thought appropriate into the employee’s claim … Continue reading Royal Society for the Protection of Birds v Croucher: EAT 1984

EAT UNFAIR DISMISSAL Reasonableness of dismissal The Employment Tribunal substituted its judgment for that of the management as to the seriousness of the Claimant’s conduct. The employer was entitled to rely on an earlier similar incident even though it did not result in a disciplinary sanction, because it alerted the Claimant to the conduct complained … Continue reading London Borough of Brent v Fuller: EAT 21 Apr 2010

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

The employees, registered market porters, appealed against reversal of the Tribunal’s judgment that the employer had made unlawful deductions from their wages. The deductions purported to have been authorised under collective agreements from the 1970s. The employers dedcuted porterage charges from the stall holders, and distributed the charge among all the porters, saying that the … Continue reading Hay and Others v Gilgrove Ltd and Others: CA 26 Apr 2013