(US Supreme Court) The court heard together two appeals regarding the range of federal jurisdiction to legislate for the regulation of interstate commerce. The true construction of the federal statute whose constitutionality was in issue was controversial. Held: (Majority) The statute was unconstitutional. White J said: ‘Of course, if it can be lawfully done, our … Continue reading The Employers’ Liability Cases: 1908
An employer was insured against liability for accidents to his workmen under a policy containing a condition that if proceedings were taken to enforce any claim the insurance company should, if they so desired, ‘have the absolute conduct and control of the defences, in the name and on behalf of the employer, ‘ and that … Continue reading Kerr v Employers Liability Assurance Co, Ltd: SCS 20 Oct 1899
An injured workman who had obtained an award of damages and expenses against his employer sought, after the employer became insolvent, to obtain an award of expenses against the insurer. It was accepted that, under the policy, the insurers had complete control of the conduct of the defence, that they had exercised such control, and … Continue reading Kerr v Employers’ Liability Assurance Co Ltd: SCS 1902
Reference for a preliminary ruling – Social policy – Protection of employees in the event of employer’s insolvency – Directive 2008/94/EC – Articles 3 and 4 – Employees’ claims borne by guarantee institutions – Limitation on the liability of guarantee institutions – Exclusion of wage claims arising over three months prior to the entry in … Continue reading Guigo (Protection of Employees In The Event of Employers Insolvency – Judgment): ECJ 25 Jul 2018
Citations: [1888] SLR 26 – 151 Links: Bailii Jurisdiction: Scotland Scotland Updated: 20 April 2022; Ref: scu.614482
Citations: [1892] SLR 29 – 518 Links: Bailii Jurisdiction: Scotland Scotland Updated: 18 April 2022; Ref: scu.613487
Citations: [1893] SLR 31 – 625 Links: Bailii Jurisdiction: Scotland Scotland Updated: 18 April 2022; Ref: scu.613387
Citations: [1893] SLR 31 – 230 Links: Bailii Jurisdiction: Scotland Scotland Updated: 18 April 2022; Ref: scu.613403
Citations: [1896] SLR 33 – 731 – 1 Links: Bailii Jurisdiction: Scotland Scotland Updated: 18 April 2022; Ref: scu.612712
Citations: [1897] SLR 34 – 686 Links: Bailii Jurisdiction: Scotland Scotland Updated: 17 April 2022; Ref: scu.612454
Citations: [1897] SLR 34 – 510 Links: Bailii Jurisdiction: Scotland Scotland Updated: 17 April 2022; Ref: scu.612419
Citations: [1899] SLR 36 – 825 Links: Bailii Jurisdiction: Scotland Scotland Updated: 17 April 2022; Ref: scu.612023
Citations: [1909] SLR 103 Links: Bailii Jurisdiction: Scotland Scotland Updated: 15 April 2022; Ref: scu.611036
The court was asked which of two mutually exclusive liability insurance policies covered damages which an employer was liable to pay to the widow of an employee, who was killed while he was working under the specific direction of engineers engaged . .
The court discussed the effect of an exception clause in an insurance policy: ‘The effect of an exception is to save the insurer from liability for a loss which but for the exception would be covered. The effect of the cover is not to impose on the . .
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, . .
ComC An exclusion in an employers’ liability policy of ‘pneumoconiosis’ (fibrosis of the lungs caused by the inhalation of dust) does not embrace mesothelioma (cancer of the pleura or peritoneum caused by the . .
The court considered the liability of insurers of companies now wound up for mesothelioma injuries suffered by former employees of those companies, and in particular whether the 1930 Act could be used to impose liability. The insurers now appealed . .
Companies restored to the register, and the personal representatives of former employees, appealed against rejection of their claims from the insurers of the former companies for damages from mesothelioma following exposure to asbestos during . .
. .
The court heard six claims against companies restored to the register of companies to make claims under their insurance policies for personal injury in the form of death from mesothelioma from asbestos, and particularly whether liability could be . .
The case concerned the construction of a policy containing terms requiring the insured to notify the insurers ‘immediately’ if he had knowledge of any accident, claim or proceedings.
Held: In any case where an insurer is entitled to rely on . .
. .
. .
The House faced two questions regarding the protection given by the Regulations: ‘whether the dismissed employee can compel the transferee to employ him or whether he is given the right to enforce as against the transferee such remedies under national law as he could have enforced against the transferor.’ and ‘whether, if despite dismissal they … Continue reading Wilson and Others v St Helens Borough Council; Meade and Another v British Fuels Ltd: HL 29 Oct 1998
The union served a notice of a pre-strike ballot on the council regarding a proposed privatisation and contracting out of services. The council alleged that this was not a trade dispute but one regarding public policy. The judge’s support for this was not justified by the evidence before him, and his decision was so defective … Continue reading Unison v Westminster City Council: CA 21 Mar 2001
TUPE regulations grant rights against new employers only, and not against the old employers. Citations: Times 09-May-1995 Statutes: Transfer of Undertakings (Protection of Employment) Regulations 1981 (1981 No 1794) Jurisdiction: Scotland Employment Updated: 20 May 2022; Ref: scu.89563
The patient came to hospital pregnant. The doctors advised a caesarian section but she refused it. The doctors said that she lacked capacity and applied to the court for leave to proceed. Held: It was wrong to apply to the court to override the will of a patient with full capacity. Capacity is not necessarily … Continue reading St George’s Healthcare National Health Service Trust v S (No 2); Regina v Collins and Others ex parte S (No 2): CA 3 Aug 1998
A doctor claimed that he had been dismissed unfairly for redundancy and his employers claimed that since he had not accepted new conditions he had been dismissed fairly for some other reason. The Tribunal held that he had been dismissed for redundancy after the re-organisation because his work could not be excluded from consideration. His … Continue reading Shawkat v Nottingham City Hospital NHS Trust: EAT 14 Jul 1999
Waiters at an unlicensed restaurant (with their employer’s agreement) put all tips into a box whose key was held by the head waiter. At the end of each week the contents were distributed between the waiters in accordance with their agreed entitlements. The weekly wage paid to each waiter by the employer fell below the … Continue reading Wrottesley v Regent Street Florida Restaurant: QBD 1951
(Divisional and Court of appeal) The claimants sought judicial review of a condition requiring an employee to have had two years of continuous employment before becoming eligible to make a claim for unfair dismissal. This condition was neutrally expressed and all employees, regardless of age, had to satisfy it in order to qualify to bring … Continue reading Regina v Secretary of State for Employment, Ex Parte Seymour-Smith and Another: QBD 1995
The manager of a shop was not necessarily liable for a misleading price indication in the shop. There had been a national price reduction advertisement. A customer came into the shop to try to buy a television under the scheme. The store manager refused. The manager was charged with and convicted of giving misleading information … Continue reading Regina v Warwickshire County Council, ex parte Johnson: HL 10 Feb 1993
An employee who had received partial payment of wages since before start of period of wages guaranteed on employers insolvency, was entitled to treat part earned after start as payment of wages earned before period and could claim his entire losses Citations: Times 20-Jul-1998, C-125/97, [1998] EUECJ C-125/97 Links: Bailii European Updated: 19 May 2022; … Continue reading Regeling v Bestuur Van De Bedrijfsverenging Voor De Metaalnijverheid: ECJ 20 Jul 1998
The dismissal by a Roman Catholic school of a teacher who was pregnant by a priest, was on the grounds of pregnancy, and for an inadmissible reason. The pregnancy was an effective cause of the adverse treatment of the Appellant by her employer. Judges: Mummery P Citations: Gazette 12-Sep-1996, Times 07-Jun-1996, [1996] IRLR 372, [1996] … Continue reading O’Neill v Governors of St Thomas More Roman Catholic Voluntary Aided Upper School: EAT 7 Jun 1996
A waiter’s tips which were received, and then re-distributed by the employer, are part of the employees’ wages for minimum wage purposes. The gratuities became the employer’s property so that when they paid the waiters their share of them, they were doing so with their (the employer’s) own money and such payments therefore counted towards … Continue reading Nerva and Others v R L and G (T/a Paradiso E Inferno and Trota Blu Wine Bar): CACD 15 May 1996
When a union gave notice to the employer that it intended to hold a ballot as to industrial action, the union was obliged to give details of the members to be balloted, so as to permit the employer to exercise its own rights. ‘Information as to the number, category or workplace of the employees’ concerned … Continue reading London Underground Ltd and Others v National Union of Rail, Maritime and Transport Worker: CA 16 Feb 2001
Scaffolding is an ordinary piece of equipment on a building site. As a general rule an occupier of a building did not owe a duty of care for the safety of employees of its independent contractor. However, there may be occasions when such a duty of care might arise. It would be an unwarranted extension … Continue reading Makepeace v Evans Brothers (Reading) (A Firm) and Another: CA 23 May 2000
The claimants worked for Rotaprint when it went into receivership in 1988, and then for the receiver before being transferred to Pan Graphics. Statutory redundany payments were made on the receivership of Rotaprint. The claimants sought further redundancy payment on the insolvency of Rotaprint. The Secretary now appealed the decision of the EAT that payments … Continue reading Lassman and Others v Secretary of State for Trade and Industry: CA 19 Apr 2000
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
The applicant claimed unfair dismissal. The employer replied that the employee had resigned. Held: The employer’s appeal was dismissed. The resignation had taken place in a heated moment, and it was not conclusive. An employer may not be able to rely upon a resignation made by an employee which had obviously been made in the … Continue reading Kwik-Fit (GB) Ltd v Lineham: EAT 5 Feb 1992
An employee did not return to work after a presentation to him of a good service award, because he had drunk alcohol. A new policy required staff not to return to work after consuming alcohol, but had also said that alcohol would not be provided. Held: The tribunal had failed to look properly at how … Continue reading Haddon v Van Den Bergh Foods Ltd: EAT 10 Nov 1999
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
A woman who had taken maternity leave was deemed to have returned to work following the completion of that leave when, on the appropriate date she provided medical certificates in accordance with the contract of employment. The applicant had given notice of her intention to return after maternity leave, but obtained an extension of four … Continue reading Halfpenny v IGE Medical Systems Ltd: HL 19 Dec 2000
A claim that a bank’s charge should be set aside as having been obtained by the undue influence of a co-mortgagee was parasitic upon a claim as between the co-mortgagors in family proceedings. The wife sought as against the bank to challenge the validity of the charge, but asserted the existence of the charge in … Continue reading First National Bank Plc v Walker and Another: CA 23 Nov 2000
Where a member state had a minimum wage law, it was not contrary to the rules requiring the free movement of services, to require that a supplier from another state providing services within the state should do so subject to the minimum wage rules of the state in which the service is provided, and to … Continue reading Criminal Proceedings Against Arblade and Others Joined Cases C-369/96 and C-376/96: ECJ 7 Dec 1999
The working time provisions now impose contractual obligations on employers. An employee, working hours over the limit, was entitled to cease work until such time as he was brought back within the maximum working hours. There could be no obligation to opt out. Citations: Times 08-Mar-1999, Gazette 06-May-1999 Statutes: Working Time Regulations 1998 (1998 No … Continue reading Barber and Others v RJB Mining Uk Ltd: QBD 8 Mar 1999
The tax payer complained that the Permanent Secretary for Tax had, in an off the record briefing disclosed tax details regarding a film investment scheme. Despite the off the record basis, details were published in a newspaper. His claims had been rejected at first instance and at the court of appeal. Held: The taxpayer’s appeal … Continue reading Ingenious Media Holdings Plc and Another, Regina (on The Application of) v Revenue and Customs: SC 19 Oct 2016
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 plaintiff sought damages in common law negligence respect of noise at work which ‘amounted to about 115 to 120 decibels, whereas the. . tolerable noise is about 90’ and no ear muffs had been provided. Held: The claim succeeded. Citations: [1972] 1 Lloyd’s Rep 182 Jurisdiction: England and Wales Cited by: Cited – Baker … Continue reading Berry v Stone Manganese and Marine Ltd: 1972
The claimant, a manufacturer of filter tubes, employed the defendant as a director. He gave notice to leave, but during his notice period, he was contacted by a customer who informed him of a meeting between that customer and the company at which the company had informed them of an impending price increase and that … Continue reading Balston Ltd v Headline Filters Ltd and Another: ChD 1990
The second defendant, whilst still during his notice period to leave employment by the plaintiff, began to make arrangements to start his own competing business, and solicited future business from a customer of the plaintiff. The plaintiff sought an interlocutory injunction. Held: The second defendant was free to set up such a business even whilst … Continue reading Balston Ltd v Headline Filters Ltd and Another: 1987
An application was made to inspect documents held by the Customs and Excise Commissioners. The plaintiff sought to inspect the documents to discover whether calculations of taxes were correct. The Commissioners swore an affidavit identifying documents supplied to them by others containing confidential information about the affairs of persons other than the plaintiff who were … Continue reading Alfred Crompton Amusement Machines Ltd v Customs and Excise Commissioners: HL 1974
A milk roundsman employed by a dairy who canvassed the dairy’s customers while in the employ of the dairy but to take effect after his employment had terminated. Held: The question to be determined depended upon the term to be implied in the ordinary case of a contract of employment in the absence of express … Continue reading Wessex Dairies Limited v Smith: CA 1935
Sir Raymond Evershed MR discussed the need to keep the doctrine against approbation and reprobation within limits. Judges: Sir Raymond Evershed MR Citations: [1951] Ch D 112 Cited by: Cited – Smith v Skanska Construction Services Ltd QBD 29-Jul-2008 The court considered whether the driver of a vehicle involved in a fatal road accident in … Continue reading Banque des Marchands de Moscou (Koupetschesky) v Kindersley: CA 1951
The EAT considered the deduction of sickness benefit from the compensatory award. Arnold J said: ‘The appellants before us say that that amount of sick ness benefit should be deducted from the amount awarded within the compensatory award for the 13 weeks of pay between the date of dismissal and the date of new emp … Continue reading Sun and Sand Ltd v Fitzjohn: 1979
Iraq – Full New Country Guidance This decision replaces all existing country guidance on Iraq. A. INDISCRIMINATE VIOLENCE IN IRAQ: ARTICLE 15(C) OF THE QUALIFICATION DIRECTIVE 1. There continues to be an internal armed conflict in certain parts of Iraq, involving government forces, various militia and the remnants of ISIL. Following the military defeat of … Continue reading SMO and KSP (Civil Status Documentation, Article 15) (CG)) Iraq: UTIAC 16 Mar 2022
A professional rugby player bought and consumed dietary supplements to make it easier to maintain the physical standards required by his employers. He claimed the cost of the supplements against his income tax. The commissioners allowed his claim, and the revenue appealed. Held: The commissioners had erred. The requirements for the deduction were stringent, exacting … Continue reading Ansell (Inspector of Taxes) v Brown: ChD 23 May 2001
The solicitor employers of a solicitor who had acted under powers of attorney in transactions between the attorney and the principal which later proved fraudulent were negligent. The Land Registry was liable for the balance of damage suffered. Mance J: ‘.. the answer to this problem seems to lie in recognising that, for dishonest assistance, … Continue reading Al-Sabah v Ali and Others: ChD 3 Feb 1999
Employees of one company were injured whilst working cleaning the premises of another. The issue was as to apportionment of the personal injury damages between the two companies. Held: There was an error of approach by the Recorder entitling the Court of Appeal to interfere with the apportionment. The defendant employer’s duty was not delegable, … Continue reading Joyce Andrews v Initial Cleaning Services Limited McDougalls Catering Foods Limited: CA 14 Jul 1999
(Mayor’s and City of London Court) In claim for repetitive strain injury for typists in absence of obvious physical damage was on balance not psychosomatic. Plaintiffs could show more than passing pain and discomfort and the scheme of work imposing heavy burden was the cause. Citations: Gazette 26-Aug-1998 Citing: Cited – Walker v Northumberland County … Continue reading Alexander and Others v Midland Bank Plc: MCLC 26 Aug 1998
The European rules protecting employees rights on the transfer of undertakings operated also when employees when employees were transferred between two separate companies which were subsidiaries of another. They were legally distinct employers, even though some management was common within the group. Citations: Times 10-Dec-1999, [2000] ICR 436, C-234/98, [2000] IRLR 119, [1999] EUECJ C-234/98 … Continue reading Allen and Others v Amalgamated Construction Co Ltd: ECJ 10 Dec 1999
Non-employers can owe a duty of care analogous to those owed by an employer particularly where the non-employer is engaged in operations which may affect the sub-contractor or his employee Citations: [1967] 1 All ER 583, [1967] 1 WLR 356, 111 Sol Jo 37 Jurisdiction: England and Wales Cited by: Cited – EH Humphries (Norton) … Continue reading McArdle v Andmac Roofing Co and Others: 1967
Staughton LJ held that ‘trade secrets’ embrace information used in a trade, restricted in its dissemination, and the disclosure of which would be liable to cause real or significant harm to the party claiming confidentiality. He considered the application for an interim injunction; ‘Turning to the present case, I do not consider it at all … Continue reading Lansing Linde v Kerr: CA 1991
‘As a matter of policy, [the] court should not too urgently strive to find, within restrictive covenants ex facie too wide, implicit limitations such as alone would justify their imposition. Otherwise, employers would have no reason ever to impose restraints in appropriately limited terms. Thus would be perpetuated the long-recognised vice of ex-employees being left … Continue reading JA Mont (UK) Ltd v Mills: 1993
The court looked at personal responsibility of the directors of a company for torts committed by the company: ‘Prima facie a managing director is not liable for tortious acts done by servants of the company unless he himself is privy to the acts, that is to say unless he ordered or procured the acts to … Continue reading Performing Right Society Ltd v Ciryl Theatrical Syndicate Ltd: 1924
A child was born but with injuries incurred while in utero alleged to have been caused by the negligence of the doctors attending the mother. The parents sued the health board for loss of the child’s society. The Board argued the action to be irrelevant as the child had not been a person for the … Continue reading Hamilton v Fife Health Board: 1993
The Lord Ordinary had awarded the pursuer damages for tuberculosis, on the basis that in the accident he had fractured a rib and this had reactivated his pre-existing tuberculosis. Held: The pursuer had failed to prove the causal connexion between the fractured rib and the tuberculosis, since there was no corroboration of the evidence of … Continue reading McKillen v Barclay Curle and Co Ltd: 1967
The court considered the distinction between a power in relation to which the duty of the employer was limited to a duty of good faith and a power in respect of which the employer was a fiduciary and which was to be exercised solely in the interests of the objects of the power. Judges: Vinelott … Continue reading British Coal Corporation v British Coal Staff Superannuation Scheme Trustees Ltd: 1994
The test to be applied in determining the time at which an employer’s failure to provide protection constituted actionable negligence was what would have been done at any particular time by a reasonable and prudent employer who was properly but not extraordinarily solicitous for his workers’ safety in the light of what he knew or … Continue reading Thompson v Smiths Shiprepairers (North Shields) Ltd: QBD 1984
The Act created a private right to performers. Although it might appear to provide criminal sanctions only, performers had the right to give or withhold consent to the use of their performances and to enforce that right by action in the civil courts. This statutory right was not purely personal, but survived the death of … Continue reading Rickless v United Artists Corporation: CA 1987
Reports made by employees to their employers or by agents to their principals are not privileged unless they satisfy, and are privileged if they are reports made for the purpose of being laid before the party’s legal adviser for the purpose of obtaining his advice in connection with the anticipated or pending litigation.Attention was drawn … Continue reading Buttes Oil and Gas Co v Hammer: CA 1981
EAT Jurisdiction – Judges: The Honourable Mr Justice Lindsay (President) Citations: EAT/517/99, EAT/516/99 Citing: See Also – Turner v Harada Ltd (T/A Chequepoint UK) EAT 23-Mar-1999 Appeal by Mr Turner against an Employment Tribunal’s order that his case on the merits be not heard until after the Employment Appeal Tribunal has heard and determined an … Continue reading Harada Ltd T/A Chequepoint UK Ltd v Turner: EAT 2 Nov 1999
ECFI Where the effect of suspending the operation of a Commission decision authorizing, at the request of employees’ representative bodies in some of the undertakings concerned, a concentration between undertakings pursuant to Regulation No 4064/89 would be to suspend the authorization granted throughout the course of the proceedings before the Court, and where the effect … Continue reading Comitu Central d’Entreprise de la SA Vittel and Comitu d’Etablissement de Pierval v Commission of the European Communities: ECFI 6 Jul 1993
Judges: Lord Bonomy Citations: [2002] ScotCS 56 Links: Bailii Jurisdiction: Scotland Citing: Cited – Walker v Northumberland County Council QBD 16-Nov-1994 The plaintiff was a manager within the social services department. He suffered a mental breakdown in 1986, and had four months off work. His employers had refused to provide the increased support he requested. … Continue reading Green v Argyll and Bute Council: SCS 28 Feb 2002
In March 1988 the employers, the bus company, York City and District Travel Limited negotiated an agreement with the trade union varying their employees contracts of employment so as to provide that the employers were entitled to deduct any cash shortages from the wages of staff handling cash. On the 10th June 1988 minutes of … Continue reading York City and District Travel Ltd v Smith: EAT 1990
Type of tax – PAYE – penalties – late submission of employers’ annual return (P35) – cessation of dental practice – whether reasonable excuse or unfairness – no – appeal disallowed Citations: [2014] UKFTT 62 (TC) Links: Bailii Jurisdiction: England and Wales Taxes Management Updated: 16 May 2022; Ref: scu.521702
Late filing of End of Year employers return by company; penalties; s.98A (2) and (3) TMA; ‘reasonable excuse’ under s.118(2) TMA not found Citations: [2012] UKFTT 61 (TC) Links: Bailii Jurisdiction: England and Wales Taxes Management Updated: 16 May 2022; Ref: scu.450788
Citations: (2005) 42 EHRR 885 Statutes: European Convention on Human Rights Cited by: Cited – AXA General Insurance Ltd and Others v Lord Advocate and Others SC 12-Oct-2011 Standing to Claim under A1P1 ECHR The appellants had written employers’ liability insurance policies. They appealed against rejection of their challenge to the 2009 Act which provided … Continue reading Maurice v France: ECHR 2005
Judges: Hodson LJ Citations: [1952] 2 QB 877 Jurisdiction: England and Wales Cited by: Cited – Baker v Quantum Clothing Group Ltd and Others SC 13-Apr-2011 The court was asked as to the liability of employers in the knitting industry for hearing losses suffered by employees before the 1989 Regulations came into effect. The claimant … Continue reading Ebbs v James Whitson and Co Ltd: CA 1952
Citations: [1952] 1 TLR 1272 Jurisdiction: England and Wales Cited by: Cited – Baker v Quantum Clothing Group Ltd and Others SC 13-Apr-2011 The court was asked as to the liability of employers in the knitting industry for hearing losses suffered by employees before the 1989 Regulations came into effect. The claimant had worked in … Continue reading Sheppey v Matthew T Shaw and Co Ltd: 1952
Employees sought to establish a contractual right to an enhanced redundancy payment. Lord Coulsfield referred to Duke and said: ‘In a case such as the present, the factors to which Browne-Wilkinson J referred are likely to be among the most important circumstances to be taken into account, but they have to be taken into account … Continue reading Quinn v Calder: EAT 1996
Judges: Denning LJ Citations: [1951] 1 KB 495 Cited by: Cited – Baker v Quantum Clothing Group Ltd and Others SC 13-Apr-2011 The court was asked as to the liability of employers in the knitting industry for hearing losses suffered by employees before the 1989 Regulations came into effect. The claimant had worked in a … Continue reading Clifford v Charles H Challen and Son Ltd: CA 1951
Citations: [1996] SC 185, [1994] SLR 673 Cited by: Cited – Baker v Quantum Clothing Group Ltd and Others SC 13-Apr-2011 The court was asked as to the liability of employers in the knitting industry for hearing losses suffered by employees before the 1989 Regulations came into effect. The claimant had worked in a factory … Continue reading Neill v Greater Glasgow Health Board: 1994
Citations: 1950 SLT (Notes) 72 Jurisdiction: Scotland Cited by: Cited – Baker v Quantum Clothing Group Ltd and Others SC 13-Apr-2011 The court was asked as to the liability of employers in the knitting industry for hearing losses suffered by employees before the 1989 Regulations came into effect. The claimant had worked in a factory … Continue reading Rose v Colville’s Ltd: 1950
The plaintiff suffered injury from the admitted negligence of the defendant. After attending the hospital she felt shaken and the movement of her head was constricted by a collar which had been fitted to her neck. In consequence she was unable to use her bi-focal spectacles with her usual skill and she fell while descending … Continue reading Wieland v Cyril Lord Carpets Ltd: 1969
The employee claimed that she had been sexually harassed by her manager. In the course of her evidence the employers sought to cross-examine her as to her general attitude towards sexual matters, based on events which had occurred during the course of her employment. She denied the allegations put to her. The employers then sought … Continue reading Snowball v Gardner Merchant: EAT 1987
The Revenue and the taxpayer had agreed that the latter should pay andpound;15,000 in consideration of the Revenue taking no proceedings against him for tax penalties or interest. The taxpayer paid only andpound;5,000 and the Revenue sought summary judgment for the rest. The taxpayer, who claimed that the agreement made was ultra vires the Revenue, … Continue reading Inland Revenue Commissioners v Nuttall: CA 1990
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 court considered the damages to be awarded where an employee left without the proper notice: ‘The Judge should ascertain the workman’s probable output during the time of default, find its selling value, deduct the expenses which would have been incurred had the workman performed his contract, and which were not incurred when he failed … Continue reading Ebbw Vale Steel Co v Tew: CA 1935
(Supreme Court of Canada) The court considered the power to strike down a clause as a penalty: ‘It is now evident that the power to strike down a penalty clause is a blatant interference with the freedom of contract and is designed for the sole purpose of providing relief against oppression for the party having … Continue reading Elsey v J G Collins Insurance Agencies Limited: 1978
The plaintiff brought an action on the case for deceit, alleging that he bought several parcels of silk under a fraudulent representation by the defendant’s factor that it was another kind of silk. The factor was operating overseas and there was no evidence of deceit on the part of the defendant personally. Held: Tthe defendant … Continue reading Hern v Nichols: 1700
The court recognised the public interest in clients being able to retain the solicitors of their choice, and they should only be prevented from doing so on solid grounds. Judges: Neuberger J Citations: [2000] 1 PNLR 298 Jurisdiction: England and Wales Cited by: Cited – Winters v Mishcon De Reya ChD 15-Oct-2008 The claimant sought … Continue reading Halewood International Ltd v Addleshaw Booth and Co: 2000
The applicant was ‘precluded by Section 64(1)(b) from making his complaint to the industrial tribunal’ The appeal succeeded. Judges: Dillon LJ Citations: [1992] ICR 661 Statutes: Employment Protection (Consolidation) Act 1988 64(1)(b) Citing: Appeal from – Barber v Thames Television plc EAT 1991 The EAT has a power exceptionally, to receive an argument which had … Continue reading Barber v Thames Television plc: CA 1992
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
A court’s jurisdiction cannot be created by the contract or consent of the parties. Judges: Fletcher Moulton LJ Citations: [1912] 5 BWCC 268 Cited by: Cited – Leicester University Students Union v Mahomed EAT 6-Dec-1994 The Union appealed a finding of unfair dismissal and discrimination. It denied that she had sufficient continuous service, saying that … Continue reading Standing v Eastwood and Co: 1912
The plaintiff was a chief sub-editor with the defendant. He sought the right to work and be paid for working. Held: The employee had the right to work. Asquith J discussed a former employee’s right to earn a living: ‘It is true that a contract of employment does not necessarily, or perhaps normally, oblige the … Continue reading Collier v Sunday Referee Publishing Co: 1940
Where there was a period of notice under a contract of employment, and it was not an excessive period, then it may be said, forcefully and correctly, that employers should be able to obtain its protection by paying the employee and preventing him working elewhere during that time: ‘I certainly would not wish to countenance … Continue reading Provident Group plc v Hayward: 1989
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 plaintiff claimed damages arising out of disclosure to his union of fraudulent activities in the defendant’s competition department of which he had been a member, such disclosure being contrary to an agreement between the claimant and his employers. Held; The contract sued upon was invalid as being against public policy since as it purported … Continue reading Howard v Odhams Press: CA 1935
The directors of a company did not become personally liable for damages, only because they had failed to insure the company for liability for personal injuries suffered as a result of the company’s activities, even though they may be criminally liable. (Sir John Megaw dissenting)Sir John Megaw said: ‘With great respect, I find it difficult … Continue reading Richardson v Pitt-Stanley: CA 11 Aug 1994
