The taxpayer was obliged to visit an office in Leeds once a week. He lived in Norfolk. He sought to set off the travel expenses against his schedule E Income Tax. As a home worker, he also sought the expenses of maintaining an office at home. Both requirements were imposed by his employers as part … Continue reading Kirkwood (Inspector of Taxes) v Evans: ChD 25 Jan 2002
The claimants in an arbitration sought orders with regard to a solicitor who had moved to the opponent’s firm of solicitors, but who came with privileged knowledge of the claimant’s business dealings. She offered undertakings, but the claimant viewed these as inadequate. The respondent firm of solicitors appealed an order to withdraw from the action. … Continue reading Koch Shipping Inc v Richards Butler (a Firm): CA 22 Jul 2002
The Claimant in the Employment Tribunal, a police officer serving with the Respondent Force, made a number of subject access requests to the Respondent’s Data Access Unit (DAU). One of these, made in 2017, (SAR1) was for all emails sent within the Force ‘with a connection to me’ between 2002 and 2017. The Respondent was … Continue reading Crew Employment Services Camelot v Gould (Practice and Procedure): EAT 15 Jan 2021
An Employment Tribunal did not err by not considering an uplift under section 38 of the Employment Act 2002 when making an award for an unlawful deduction from wages, where the Respondent did not have notice of the application and where the facts, on further investigation, would not have justified the uplift. Citations: [2021] UKEAT … Continue reading Levy v 34 and Co Ltd (Practice and Prcoedure, Contract of Employment and Unlawful Deduction Wages): EAT 12 Feb 2021
It was not an abuse of process to seek to pursue an employment claim in the High Court where the claim begun in the tribunal was for breach of contract, unfair dismissal or redundancy, and the total amount of the claim might exceed the tribunal’s financial limits for such awards. The claimant must make it … Continue reading Sajid v Sussex Muslim Society: 2002
Partners Liable for Dishonest Act of Solicitor A solicitor had been alleged to have acted dishonestly, having assisted in a fraudulent breach of trust by drafting certain documents. Contributions to the damages were sought from his partners. Held: The acts complained of were so close to the activities which a solicitor would normally undertake, that … Continue reading Dubai Aluminium Company Limited v Salaam and Others: HL 5 Dec 2002
The appellant had undergone a male to female sex change, but was refused employment by the respondent before the Human Rights Act came into effect. Held: Although the Human Rights Act could not apply, the act was in breach of the Equal Treatment Directive and discrimination. The 1999 regulations were incompatible with the provisions of … Continue reading A v Chief Constable of the West Yorkshire Police and Another: CA 5 Nov 2002
When an appeal concerns a decision of the Tribunal on an application to postpone a hearing because the applicant is not fit to attend, the Employment Appeal Tribunal may only intervene on Wednesbury grounds. O’Cathail v Transport for London [2012] ICR 614 remains good law, and has not been implicitly overruled by R (Osborn) v … Continue reading Phelan v Richardson Rogers Ltd and Another (Practice and Procedure – Postponement): EAT 12 Mar 2021
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 sought damages for the consequences of having been suspended from work as a teacher. He later recovered damages for unfair dismissal, and the court had struck out his claim for damages over and above those already awarded. Held: There is no absolute bar against a claim for damages not covered by the Employment … Continue reading McCabe v Cornwall County Council, The Governing Body of Mounts Bay School: CA 23 Dec 2002
The defendant appealed a summary judgement on the claimant’s claim with respect to her alleged disclosure of details Miss Campbell’s private life. The claimant sought an action for account of profits for breach of the terms of a contract of service. The defendant claimed that a violent assault by the claimant on her was a … Continue reading Campbell v Frisbee: ChD 14 Mar 2002
EAT Race Discrimination – Direct. Judges: His Hon Judge McMullen QC Citations: EAT/292/01, EAT/1024/00, [2002] UKEAT 1024 – 00 – 0803 Links: Bailii, EAT Jurisdiction: England and Wales Citing: See Als – Southwark v Afolabi EAT 8-Feb-2001 . . Cited by: Appeal from – Afolabi v Southwark London Borough Council CA 24-Jan-2003 The claimant applied … Continue reading Afolabi v Southwark: EAT 8 Mar 2002
IPO The opponent’s opposition was based on a claim that the applicants had not used their mark in the UK up to the present, even though four years has elapsed since the application for registration was filed. They also pointed to the wide specifications claimed and disputed that the applicants’ had an intention to use … Continue reading Synergie (Trade Mark: Opposition): IPO 31 Jul 2002
The company appealed against a finding that they were in breach of their contract of employment in not including the claimant in those considered for an enhanced redundancy package. Held: The appeal failed. Tribunals should be cautious before appearing to extend the terms of the implied duty of trust and confidence between employer and employee.Pill … Continue reading Transco Plc v O’Brien: CA 7 Mar 2002
Trades Union recognition Citations: [2002] EWHC 277 (Admin) Links: Bailii Statutes: Trade Union Labour Relations (Consolidation) Act 1992 Jurisdiction: England and Wales Employment Updated: 05 October 2022; Ref: scu.347792
EAT Jurisdiction EAT Contract of Employment – Written particulars. Judges: His Hon Judge J R Reid QC Citations: [2002] UKEAT 0301 – 01 – 0305, EAT/0301/01 Links: Bailii, EAT, EAT Jurisdiction: England and Wales Citing: See Also – Thomas v Merton Racial Equality Council EAT 24-Mar-1999 . . See Also – London Borough of Merton … Continue reading London Borough of Merton v Thomas: EAT 3 May 2002
The defendant wanted to amend its software and introduce it to the Japanese market, and worked with the claimants for this purpose. The defendant suggested that a concluded agreement existed, the claimant that only no contract was concluded. There were claims for copyright infringement, for an account of damages, and for enticing employees to breach … Continue reading Vedatech Corporation v Crystal Decisions (UK) Limited: ChD 21 May 2002
The applicant had been employed by the respondent under a modern apprenticeship contract. The employer dismissed him during the term, after a downturn in work. Held: Though the contract was subject to the employer’s standard terms, it remained the fact that he was not an employee, and could not be dismissed. The employer claimed that … Continue reading Whitely v Marton Electrical Ltd: EAT 27 Sep 2002
Citations: [2002] UKEAT 0987 – 01 – 2401 Links: Bailii Jurisdiction: England and Wales Cited by: See Also – London Borough of Ealing v Rihal EAT 11-Sep-2003 EAT Practice and Procedure – Estoppel or Abuse of Process. . . Lists of cited by and citing cases may be incomplete. Employment Updated: 29 September 2022; Ref: … Continue reading London Borough of Ealing v Rihal: EAT 24 Jan 2002
EAT Unfair Dismissal – Contributory fault. Judges: The Honourable Mr Justice Wall Citations: [2002] UKEAT 765 – 01 – 0210, EAT/765/01 Links: Bailii, EAT Jurisdiction: England and Wales Citing: See Also – Stephen Fidler and Co v Kapadia EAT 20-Sep-2001 Leave to appeal granted . . See Also – Stephen Fidler and Co v Kapadia … Continue reading Stephen Fidler and Co v Kapadia: EAT 2 Oct 2002
EAT Unfair Dismissal – Procedural fairness/automatically unfair dismissal. Judges: His Hon Judge Clark Citations: EAT/343/01, [2002] UKEAT 0343 – 01 – 0803 Links: Bailii, EAT Jurisdiction: England and Wales Cited by: Cited – Warner v Armfield Retail and Leisure Ltd (Contract of Employment : Frustration) EAT 8-Oct-2013 EAT CONTRACT OF EMPLOYMENT – Frustration DISABILITY DISCRIMINATION … Continue reading R Thorold v Martell Press Ltd: EAT 8 Mar 2002
EAT Disability Discrimination – Compensation EAT Disability Discrimination – Compensation. EAT Procedural Issues – Employment Tribunal. Judges: The Honourable Lord Johnston Citations: EATS/0023/02, EATS/0022/02, [2002] UKEAT 0022 – 02 – 1312 Links: EAT, EAT, EATn, Bailii Jurisdiction: Scotland Citing: See Also – Cosgrove v Messrs Caesar and Howie EAT 17-May-2001 EAT Contract of Employment – … Continue reading Messrs Caesar and Howie v Cosgrove: EAT 13 Dec 2002
EAT Contract of Employment – Definition of Employee Judges: The Honourable Mr Justice Burton (P) Citations: EAT/492/02, [2002] UKEAT 492 – 02 – 1112 Links: Bailii, EAT Statutes: Employment Rights Act 1996 Jurisdiction: England and Wales Citing: Cited – McMeechan v Secretary of State for Employment CA 11-Dec-1996 The respondent as a temporary worker was … Continue reading Dacas v Brook Street Bureau (UK) Ltd, Wandsworth London Borough Council: EAT 12 Nov 2002
EAT Jurisdiction – Whether the Tribunal had given sufficient reasons for their finding that the claimant had been disabled. Judges: His Hon Judge Clark Citations: EAT/1043/01, [2002] UKEAT 1043 – 01 – 1510 Links: Bailii, EAT Statutes: Disability Discrimination Act 1995 Jurisdiction: England and Wales Citing: See also – Fyffes Group Ltd v Bazley EAT … Continue reading Fyffes Group Ltd v Bazley: EAT 15 Oct 2002
The applicant was an agency worker with an employment agency. Held: The end-user was under no legal obligation to pay the applicant and the applicant was under no legal obligation to work for the end-user. Control over the applicant by the end-user was explicable by virtue of the contract between the applicant and the agency, … Continue reading Stephenson v Delphi Diesel Systems Ltd: EAT 11 Nov 2002
The applicant had left on maternity leave. Before leaving, her salary had been increased, but the increase was not back-dated to any part of the period over which the regulations required her average earnings to be calculated for statutory maternity pay. She asserted discrimination, and unlawful deductions from her wages. Should her case be referred … Continue reading Alabaster v Woolwich Plc, Secretary of State for Social Security: CA 26 Feb 2002
Application for permission to appeal. Appellant not attending. Judges: Mummery LJ Citations: [2002] EWCA Civ 1454 Links: Bailii Jurisdiction: England and Wales Employment, Litigation Practice Updated: 07 September 2022; Ref: scu.217556
Citations: [2002] UKEAT 1313 – 00 – 2801 Links: Bailii Jurisdiction: England and Wales Cited by: See Also – Billany v Knutsford Conservative Club EAT 30-Apr-2002 EAT Contract of Employment – Definition of employee. . .See Also – Billany v Knutsford Conservative Club EAT 8-Jul-2003 EAT Contract of Employment – Definition of employee . .See … Continue reading Billany v Knutsford Conservative Club: EAT 28 Jan 2002
EAT Contract of Employment – Definition of employee. Judges: Her Honour Judge A Wakefield Citations: [2002] UKEAT 1313 – 00 – 3004, EAT/1313/00 Links: Bailii, EAT Jurisdiction: England and Wales Citing: See Also – Billany v Knutsford Conservative Club EAT 28-Jan-2002 . . Cited by: See Also – Billany v Knutsford Conservative Club EAT 8-Jul-2003 … Continue reading Billany v Knutsford Conservative Club: EAT 30 Apr 2002
Citations: [2002] EWCA Civ 627 Links: Bailii Statutes: Disability Discrimination Act 1995 Jurisdiction: England and Wales Discrimination, Employment Updated: 02 September 2022; Ref: scu.217056
The employee was former managing director employed as consultant on a fixed term contract. After differences with the new management, he was off work with stress. The company sought to suspend him. He claimed that the company had repudiated the contract. Held: The power to suspend was part of the disciplinary procedure. He had been … Continue reading Leonard Batty v BSB Holdings (Cudworth) Ltd: CA 24 May 2002
EAT JURISDICTIONAL POINTS – 2002 Act and pre-action requirements Whether the statutory grievance procedure applies to a claim of post-termination victimisation. It does.A claim alleging victimisation in consequence of evidence contained in witness statements served in proceedings in the employment tribunal failed for immunity. Judges: Peter Clark HHJ Citations: [2010] UKEAT 0022 – 10 – … Continue reading Parmar v East Leicester Medical Practice: EAT 5 Nov 2010
The applicant had failed to comply with an unless order, delivering his expert evidence some 20 minutes late. The evidence had not been allowed. They appealed. Held: The claim was re-instated. This was not the first occasion of default. Nevertheless, the rules listed several matters to be considered, and the judge must apply his mind … Continue reading R C Residuals Ltd (formerly Regent Chemicals Ltd) v Linton Fuel Oils Ltd: CA 2 May 2002
EAT Procedural Issues – Employment Tribunal Judges: The Honourable Mr Justice Lindsay (P) Citations: EAT/431/01, EAT/128/01, [2002] UKEAT 0128 – 01 – 2307 Links: Bailii, EATn Jurisdiction: England and Wales Citing: See Also – Sivanandan v London Borough of Enfield EAT 1-May-1998 . . See Also – Sivanandan v London Borough of Enfield and others … Continue reading Sivanandan v London Borough of Enfield and others: EAT 23 Jul 2002
The parties disputed whether there had arisen an implied term in the company’s employment contracts that enhanced redundancy would be paid. Held: Peter Gibson LJ adopted a multi-factorial approach as to the relevant factors to be taken into account when considering whether a unilateral management policy had acquired contractual status. Those factors included: ”(a) whether … Continue reading Albion Automotive Ltd v Walker and Others: CA 21 Jun 2002
Citations: [2002] EWCA Civ 1716 Links: Bailii Statutes: Disability Discrimination Act 1995 Jurisdiction: England and Wales Employment, Discrimination Updated: 18 August 2022; Ref: scu.441311
Citations: [2001] UKEAT 1145 – 00 – 0102 Links: Bailii Jurisdiction: England and Wales Citing: See Also – Sivanandan v Hackney Action for Racial Equality (Hare) EAT 20-Oct-1999 EAT Procedural Issues – Employment Tribunal . . Cited by: Appeal from – Sivanandan v Hackney Action for Racial Equality Executive Committee CA 25-Jan-2002 . .See Also … Continue reading Sivanandan v Hackney Action for Race Equality (Hare): EAT 1 Feb 2001
External relations – Europe Agreement between the Communities and Poland – Interpretation of the first indent of Article 37(1) – Prohibition of discrimination based on nationality as regards conditions of employment or dismissal for Polish workers legally employed in a Member State – Fixed-term contract of employment of a foreign-language assistant – Effect on such … Continue reading Land Nordrhein-Westfalen v Pokrzeptowicz-Meyer: ECJ 29 Jan 2002
EAT Contract of Employment – Breach of Contract Judges: The Honourable Mr Justice Holland Citations: EAT/0030/01, [2002] UKEAT 30 – 01 – 1802 Links: Bailii, EAT Jurisdiction: England and Wales Citing: See Also – Grant v Kent County Council EAT 11-May-2001 Preliminary hearing. . . See Also – Grant v Kent County Council EAT 1-May-2003 … Continue reading Grant v Kent County Council: EAT 18 Feb 2002
The respondent as a temporary worker was entitled to be treated as an employee of an agency within the contract governing the particular engagement where money was due when the agency went into liquidation. He was therefore able to claim against the respondent as such on that insolvency. A temporary worker might be an employee … Continue reading McMeechan v Secretary of State for Employment: CA 11 Dec 1996
Enforcement of confidentiality clause in contract of employment on termination. Judges: N Strauss J Citations: [2002] EWHC 3116 (Ch), [2003] BCC 858, [2003] 2 BCLC 1, [2003] IRLR 769 Links: Bailii Statutes: Apportionment Act 1870 Jurisdiction: England and Wales Citing: Cited – Bell v Lever Brothers Ltd HL 15-Dec-1931 Contract – Mutual Mistake TestBell was … Continue reading Item Software (UK) Ltd v Fassihi and Others: ChD 5 Dec 2002
EAT Disability Discrimination – Reasonable adjustments – Practice and Procedure – Disclosure. EAT Practice and Procedure – Disclosure. Judges: The Honourable Mr Justice Burton Citations: UKEAT/0812/03, [2004] UKEAT 0812 – 03 – 0607, [2004] UKEAT 0472 – 04 – 0607, UKEAT/0472/04 Links: Bailii, Bailii, EAT, EAT Jurisdiction: England and Wales Citing: See Also – Sivanandan … Continue reading Sivanandan v Hackney Action for Racial Equality etc: EAT 6 Jul 2004
EAT Procedural Issues – Employment Tribunal Judges: His Honour Judge J Hicks QC Citations: [1999] UKEAT 616 – 99 – 2010, EAT/616/99 Links: Bailii, EAT Jurisdiction: England and Wales Cited by: See Also – Sivanandan v Hackney Action for Race Equality (Hare) EAT 1-Feb-2001 . .See Also – Sivanandan v Hackney Action for Racial Equality … Continue reading Sivanandan v Hackney Action for Racial Equality (Hare): EAT 20 Oct 1999
Citations: [2002] EWCA Civ 111 Links: Bailii Jurisdiction: England and Wales Citing: See Also – Sivanandan v Hackney Action for Racial Equality (Hare) EAT 20-Oct-1999 EAT Procedural Issues – Employment Tribunal . . Appeal from – Sivanandan v Hackney Action for Race Equality (Hare) EAT 1-Feb-2001 . . Cited by: See Also – Sivanandan v … Continue reading Sivanandan v Hackney Action for Racial Equality Executive Committee: CA 25 Jan 2002
EAT Race Discrimination – Aiding and abetting Judges: The Honourable Mr Justice Burton (P) Citations: UKEAT/622/03, [2003] UKEAT 0622 – 03 – 1811, UKEAT/812/03 Links: Bailii, EAT Jurisdiction: England and Wales Citing: See Also – Sivanandan v Hackney Action for Racial Equality (Hare) EAT 20-Oct-1999 EAT Procedural Issues – Employment Tribunal . . See Also … Continue reading Sivanandan v Hackney Action for Racial Equality and others: EAT 18 Nov 2003
When calculating the entitlement to holiday pay the apportionment had to be made on the number of working days in a year, not on the number of days in a year. The regulations required this interpretation rather than that under the Act. A consequence of using the full year might well be to apply an … Continue reading Leisure Leagues UK Ltd v Maconnachie: EAT 14 Mar 2002
Citations: [2002] UKEAT 948 – 01 – 2203 Links: Bailii Jurisdiction: England and Wales Citing: Cited – Hogg v Dover College EAT 1990 The claimant asserted unfair dismissal after his contract was changed to provide that his post as head of the history department would be part time. He had been ill, and the head … Continue reading Knodt v London Borough of Camden and Lowton: EAT 22 Mar 2002
An employer may engage in conduct which is ‘out of order’ without repudiating the contract, but repeated behaviour of that kind may be a different matter. The use of abusive language by an employer can undermine the relationship of trust and confidence with an employee. Citations: [2002] IRLR 267 Jurisdiction: England and Wales Cited by: … Continue reading Cantor Fitzgerald International v Bird and others: 2002
EAT Contract of Employment – Breach of Contract. Judges: The Honourable Mr Justice Lindsay (P) Citations: EAT/0107/01 Links: EAT Jurisdiction: England and Wales Employment Updated: 18 July 2022; Ref: scu.255696
C, an unqualified social worker, had complained of his listing as a person unsuitable to work with children. The SS now appealed from his success on that complaint. Judges: Scott Baker J Citations: [2002] EWHC 1381 (Admin) Links: Bailii Statutes: Protection of Children Act 1999 1 3 Jurisdiction: England and Wales Health, Employment Updated: 15 … Continue reading Secretary of State for Health v C: Admn 5 Jul 2002
The applicants were head teachers employed in junior schools. They alleged sex discrimination, and sought to use as comparators head teachers from different local authorities. The comparators had been put forward on the basis that the teacher in question was male and was being paid at a higher rate for work that was like work … Continue reading Morton v South Ayrshire Council: IHCS 14 Feb 2002
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
Citations: [2002] UKEAT 466 – 01 – 2110 Links: Bailii Jurisdiction: England and Wales Citing: Cited – British Home Stores Ltd v Burchell EAT 1978 B had been dismissed for allegedly being involved with a number of other employees in acts of dishonesty relating to staff purchases. She had denied the abuse. The tribunal had … Continue reading Marlowe Child and Family Services Ltd v Mcintosh: EAT 21 Oct 2002
Europa Reference for a preliminary ruling: Cour de cassation – Belgium. Reference for a preliminary ruling – Articles 10 EC and 43 EC – National legislation restricting access to the profession of architect to the possession of a diploma or professional qualification – Community national holding a diploma not listed in Directive 85/384/EEC – Obligation … Continue reading Conseil national de l’ordre des architectes v Nicolas Dreessen: ECJ 22 Jan 2002
Citations: [2002] EWCA Civ 1443 Links: Bailii Jurisdiction: England and Wales Citing: See Also – Sivanandan v London Borough of Enfield EAT 1-May-1998 . . See Also – Sivanandan v London Borough of Enfield and others EAT 1-Oct-1998 . . See Also – Sivanandan v London Borough of Enfield and others EAT 1-Feb-1999 . . … Continue reading Sivanandan v London Borough of Enfield and others: CA 7 Oct 2002
The employer appealed a finding of sex discrimination. The court criticised severely the way that the two firms of solicitors had failed to work together to put the real issues before the court. It was wrong for a party to seek to withhold documents which were relevant to the issues before the court. The behaviour … Continue reading The Premium Cream Co Ltd v K Parsons: EAT 30 Jan 2002
Employment contract tainted with illegality. Citations: [2002] EWCA Civ 1597 Links: Bailii Jurisdiction: England and Wales Employment Updated: 06 July 2022; Ref: scu.217750
Religious/Political Discrimination/Dismissal/Breach of Contract/Disability Discrimination Citations: [2002] NIIT 417 – 99 Links: Bailii Jurisdiction: Northern Ireland Employment Updated: 04 July 2022; Ref: scu.237146
Citations: [2002] UKEAT 1308 – 01 – 0807 Links: Bailii Jurisdiction: England and Wales Cited by: See Also – Bezant and Another v Tertiary Enterprises Ltd EAT 10-Apr-2003 EAT Unfair Dismissal – Other . .See Also – Bezant v Tertiary Enterprises Ltd EAT 19-Jul-2004 EAT Practice and Procedure – Estoppel or Abuse of Process. . … Continue reading Bezant and Another v Tertiary Enterprises Ltd: EAT 8 Jul 2002
Citations: [2002] EWCA Civ 1710 Links: Bailii Jurisdiction: England and Wales Citing: Appeal from – British Medical Association v Chaudhary EAT 30-Apr-2002 . . Cited by: See Also – British Medical Association v Chaudhary CA 15-May-2003 The claimant had sought registration as a specialist medical practitioner by the respondent. His complaint that the crtiria used … Continue reading British Medical Association v Chaudhary: CA 1 Nov 2002
Judges: Scott Baker J Citations: [2002] EWHC 1382 (Admin) Links: Bailii Statutes: Oxford and Cambridge Act 1923 Jurisdiction: England and Wales Education, Employment Updated: 30 June 2022; Ref: scu.175119
Citations: [2002] EWCA Civ 1523 Links: Bailii Jurisdiction: England and Wales Employment, Discrimination Updated: 29 June 2022; Ref: scu.217643
Mrs Bennet was employed by the respondent. She had made complaints of race and sex discrimination. She was then dismissed, and claimed this was victimisation. Part way through the hearing, her representative failed in an application for an adjournment, and said that if he had been white, his application would have been granted. The tribunal … Continue reading Bennett v London Borough of Southwark: CA 21 Feb 2002
The taxpayer had the benefit of option as an employee in his company scheme. He exercised the option and the issue arose as to when the base value of the options were to be valued for capital against tax purposes. The taxpayer argued that they were to be valued at the point where they were … Continue reading Mansworth (Inspector of Taxes) v Jelley: ChD 20 Mar 2002
The appellant solicitor had been employed by the respondent. They wrote to dismiss her, after failing to obtain funding. She issued proceedings on the basis that she had been victimised after giving evidence for a co-worker in other proceedings against the Federation. The tribunal, having found the lack of funding proved, considered that to be … Continue reading Marshall v Law Centres Federation: EAT 30 Jan 2002
Renewed application for leave to appeal – granted on limited grounds Judges: Kennedy, Mummery, Longmore LJJ Citations: [2002] EWCA Civ 1435 Links: Bailii Jurisdiction: England and Wales Citing: At EAT – London Borough of Southwark v Jiminez EAT 17-Apr-2002 EAT Contract of Employment – Breach of Contract. . . Cited by: Leave – London Borough … Continue reading London Borough of Southwark v Jiminez: CA 31 Jul 2002
The Claimant had requested a postponement of the tribunal hearing on the basis of a medical certificate which stated that she was unfit to attend work. It therefore adjourned the proceedings for one week with directions that a medical report be produced detailing the nature of and prognosis of the illness and the reasons why … Continue reading Andreou v Lord Chancellor’s Department: CA 22 Jul 2002
Judges: Buxton LJ Citations: [2002] EWCA Civ 897 Links: Bailii Jurisdiction: England and Wales Cited by: Cited – St Albans Girls School and Another v Neary CA 12-Nov-2009 The claimant’s case had been struck out after non-compliance with an order to file further particulars. His appeal was allowed by the EAT, and the School now … Continue reading Jones v Williams: CA 27 May 2002
Application for leave to appeal. Judges: Longmore LJ Citations: [2002] EWCA Civ 855 Links: Bailii Statutes: Public Interest Disclosure Act 1998 Jurisdiction: England and Wales Employment Updated: 23 June 2022; Ref: scu.217154
(Staff Regulations) Staff of the European Central Bank – Amendment of employment contract – Performance appraisal Citations: T-341/00, [2002] EUECJ T-341/00 Links: Bailii European Updated: 21 June 2022; Ref: scu.213936
To be protected, a disclosure had to be causative in the sense of being the real reason or core reason, the motive for the treatment complained of. Judges: His Hon Judge J R Reid QC Citations: EAT/891/01, [2002] UKEAT 891 – 01 – 2507 Links: Bailii, EAT Jurisdiction: England and Wales Citing: See Also – … Continue reading Aspinall v MI Mech Forge Ltd: EAT 5 Jul 2002
Citations: [2002] EWCA Civ 965 Links: Bailii Jurisdiction: England and Wales Torts – Other, Employment, Contract Updated: 21 June 2022; Ref: scu.217442
The company found itself unable to fund the pension scheme it had committed itself to. If it sought to pay the money due, the company would have to go into liquidation. It did not meet the minimum funding requirements of the Act. The company proposed a scheme of compromise with the trustees. Held: There was … Continue reading Bradstock Group Pension Scheme Trustees Ltd v Bradstock Group plc and Others: ChD 17 Jun 2002
The claimant was employed, receiving a basic pay together with commission on sales. After termination of his employment he complained that he should have been paid holiday pay based upon the average total pay rather than the basic pay. Held: The right to holiday pay arose under the Regulations, but the pay was calculated under … Continue reading Evans v Malley Organisation Ltd (t/a First Business Support): CA 27 Nov 2002
Appeal from rejection of claim for constructive unfair dismissal and of discrimination. Judges: Timothy Brennan QC Rec Citations: [2002] UKEAT 0071 – 02 – 1812 Links: Bailii Statutes: Disability Discrimination Act 1995 Jurisdiction: England and Wales Citing: Cited – Ministry of Defence v Jeremiah CA 1980 The court considered the meaning of ‘detriment’ in discrimination … Continue reading Turner v Scope (A Registered Charity): EAT 18 Dec 2002
Citations: [2002] UKEAT 1144 – 02 – 0612 Links: Bailii Cited by: See Also – Deman v University of Bradford and Another EAT 14-Jan-2003 . .Cited – Deman v University of Bradford Professor Alderson EAT 22-May-2003 EAT Practice and Procedure – Bias, misconduct and procedural irregularity . .See Also – Deman v University of Bradford … Continue reading Deman v University of Bradford and Another: EAT 6 Dec 2002
The claimant appealed against a decision that she had not been unfairly dismissed. She had been dismissed after complaints by a colleague, but had not been given the opportunity to examine him during the process. Held: An employer was not duty bound to allow an employee subject to a disciplinary hearing to cross examine those … Continue reading Santamera v Express Cargo Forwarding (T/A IEC Ltd): EAT 26 Nov 2002
EAT Redundancy – Definition Judges: Mr Recorder Luba QC Citations: [2002] UKEAT 1397 – 01 – 1312, EAT/1397/01 Links: Bailii, EAT Employment Updated: 14 June 2022; Ref: scu.203312
EAT Unfair Dismissal – Jurisdiction. Judges: His Hon Judge J Burke QC Citations: [2002] UKEAT 0223 – 02 – 1211, EAT/223/02 Links: Bailii, EAT Citing: See Also – Currencies Direct Limited v Ellis CA 31-May-2002 The claimant company appealed against an order declining to order repayment of sums they claimed to be due from the … Continue reading Ellis v Currencies Direct Ltd: EAT 12 Nov 2002
Citations: [2002] UKEAT 0433 – 01 – 2210 Links: Bailii Employment Updated: 14 June 2022; Ref: scu.203156
Citations: [2002] UKEAT 0806 – 02 – 0611 Links: Bailii Jurisdiction: England and Wales Citing: Cited – Owusu v London Fire and Civil Defence Authority EAT 1-Mar-1995 The employee complained of his employer’s repeated failure to regrade him, and alleged discrimination. The employer said his claim was out of time. Held: Mummery J made the … Continue reading Dime v Brent, Kensington, Chelsea and Westminster Mental Health NHS Trust: EAT 6 Nov 2002
The Applicant complained to the Employment Tribunal of unfair constructive dismissal, unlawful racial discrimination against the Respondents, Eurostar (UK) Ltd and Mrs Sully, and breach of contract, the first and last complaints being against her former employer Eurostar only. The claimant now appealed against rejection of her complaints and associated costs order. Judges: Peter Clark … Continue reading Boyle v Eurostar (UK) Ltd and Another: EAT 14 Oct 2002
EAT Disability Discrimination – Disability. Judges: Nelson J Citations: [2002] UKEAT 915 – 01 – 2110, EAT/915/01, [2003] IRLR 61 Links: Bailii, EAT Statutes: Disability Discrimination Act 1995 4 Citing: See Also – Catherall v Michelin Tyres Plc EAT 21-Nov-2001 . . Cited by: Cited – Meikle v Nottinghamshire County Council EAT 19-Aug-2003 EAT Disability … Continue reading Catherall v Michelin Tyre Plc: EAT 21 Oct 2002
EAT Mr Gilbert was paid for 44 weeks a year, of which 38 weeks were those in which he was required to work. The issue was whether, as the ET had held, ‘a week’s pay’ fell to be calculated by dividing the annual salary payable monthly to the employees by 52; or whether it fell … Continue reading Gilbert and others v Barnsley Metropolitan Borough Council: EAT 12 Apr 2002
EAT Contract of Employment – Breach of Contract Judges: Mr Recorder Burke QC Citations: EAT/1479/00, [2002] UKEAT 1479 – 00 – 2604 Links: Bailii, EAT Employment Updated: 14 June 2022; Ref: scu.202702
Citations: [2002] UKEAT 1383 – 00 – 0703 Links: Bailii Jurisdiction: England and Wales Citing: See Also – Warman International Ltd v Gwilson EAT 7-Jan-2002 EAT Contract of Employment – Breach of Contract. . . See Also – Warman International Ltd v Wilson EAT 25-Jan-2002 EAT Contract of Employment – Breach of Contract. . . … Continue reading Warman International Ltd v Wilson: EAT 7 Mar 2002
The claimant had made assorted claims following the alleged failure by the respondent to provide a satisfactory reference on her ceasing to be employed by them. Judges: Lindsay P J Citations: [2002] UKEAT 0535 – 01 – 1403 Links: Bailii Employment Updated: 14 June 2022; Ref: scu.202581
Citations: [2002] UKEAT 944 – 01 – 0802 Links: Bailii Jurisdiction: England and Wales Citing: See Also – Metanie v Pertemps Recruitment Partnership Ltd ((T/A Pertemps Industrial Contracts) EAT 11-May-2001 . . Lists of cited by and citing cases may be incomplete. Employment Updated: 14 June 2022; Ref: scu.202532
The appellant had been a housing officer employed by the respondent and was an official of his Union. He attended (while off work through sickness) a meeting of local tenants opposed to the Council’s policies. He was suspended pending a discilplinary process on condition that he not meet other employees, but was alleged to have … Continue reading Buckwell v Ashfield District Council: EAT 14 Mar 2002
EAT Unfair Dismissal – Compensation Judges: His Hon Judge J R Reid QC Citations: EAT/611/00, [2002] UKEAT 0611 – 00 – 1401 Links: Bailii, EAT Jurisdiction: England and Wales Citing: See Also – Oderinde v Datapack Ltd EAT 15-Nov-2000 . . Cited – Charles Letts and Co v Howard EAT 1976 Abusive language between employer … Continue reading Oderinde v Datapact Ltd: EAT 14 Jan 2002
The claimant appealed against dismissal of her unfair dismissal and of her maternity related discrimination claim. Held: The appeal succeeded: ‘it does not appear that the tribunal gave any separate consideration to whether the pregnancy was an effective cause of the adverse treatment of Mrs Gbokoyi and, insofar as it relied on the reasons which … Continue reading Gbokoyi v Bennett’s Eco-Inverter (Environmental Services) Ltd: EAT 18 Jan 2002
EAT Procedural Issues – Employment Tribunal. The claimant appealed saying that she had abandoned her claim after unfair pressure from the tribunal chairman. Held: The chairman had given the clear impression that she might lose and be subject to an adverse costs order, when in fact no such risk was imminent. The appeal succeeded, and … Continue reading Gee v Shell UK Ltd: EAT 14 Jan 2002
EAT Contract of Employment – Breach of Contract Judges: Mr Recorder Burke QC Citations: EAT/1256/00, [2002] UKEAT 1256 – 00 – 1601 Links: Bailii, EAT Jurisdiction: England and Wales Employment Updated: 13 June 2022; Ref: scu.202435
The Employment Tribunal had decided that a Polkey discount was to be made. At a subsequent remedies and review hearing, the Tribunal allowed the appellant to re-open that issue and having heard evidence, the Tribunal altered the percentage Polkey discount in favour of the appellant. Held: There was no suggestion in the original decision that … Continue reading Dhedhi v United Lincolnshire Hospitals NHS Trust: EAT 22 Jan 2002
The Employment Appeal Tribunal does not have jurisdiction to hear an appeal which does not set out to disturb any part of the order made by the original tribunal. There is no inherent power in the Court of Appeal to bypass the prohibition in subsection of the 1999 Act against hearing an appeal from a … Continue reading Riniker v University College London (Practice Note): CA 5 Apr 2001
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Pecuniary damage – claim rejected ; Non-pecuniary damage – financial award ; Costs and expenses partial award – Convention proceedingsThe applicant alleged, in particular, that civil proceedings brought by him were not determined within a reasonable time. Judges: J-P Costa P Citations: 39197/98, [2002] … Continue reading Foley v The United Kingdom: ECHR 22 Oct 2002
Unfair Dismissal, Holiday Pay, Breach of Contract Citations: [2002] NIIT 121 Links: Bailii Northern Ireland, Employment Updated: 10 June 2022; Ref: scu.196303
NIIT Breach of Contract – application dismissed Citations: [2002] NIIT 107, [2002] NIIT 746 – 02 Links: Bailii, Bailii Jurisdiction: Northern Ireland Employment Updated: 10 June 2022; Ref: scu.196212
Unfair Dismissal Citations: [2002] NIIT 10 Links: Bailii Jurisdiction: Northern Ireland Citing: Cited – British Home Stores Ltd v Burchell EAT 1978 B had been dismissed for allegedly being involved with a number of other employees in acts of dishonesty relating to staff purchases. She had denied the abuse. The tribunal had found the dismissal … Continue reading Ritchie and Another v Associated Co-Operative Creameries and Another: NIIT 3 Feb 2002
NIIT Unfair Dismissal, Redundancy Payment, Breach of Contract, Unlawful Deduction From Wages Citations: [2002] NIIT 91 Links: Bailii Northern Ireland, Employment Updated: 10 June 2022; Ref: scu.196207