EAT Statutory Discipline and Grievance Procedures – Whether applicable – Whether infringed – Was the modified or standard grievance procedure applicable? The Employment Tribunal found the former, and held that the grievance did not identify the basis of the claims which were subsequently lodged with the Tribunal. Therefore the Tribunal had no jurisdiction to hear … Continue reading Riley v First Choice Homes Oldham Ltd: EAT 30 Apr 2008
EAT Jurisdictional Points : 2002 Act and Pre-Action Requirements – Claims under the Race Relations Act 1976 – Judge wrong to hold that employee had failed to lodge a relevant grievance for the purpose of section 32 of the Employment Act 2002 (dicta of Elias P in Martin v Class Security Installations Ltd that the … Continue reading Odukwe v The Partners of Hoare Lea Consulting Engineers: EAT 27 Jan 2012
EAT Jurisdictional Points : 2002 Act and Pre-Action Requirements – Working outside the jurisdiction – A claim for breach of contract under the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994 is within the scope of Regulation 15 of the Employment Act 2002 (Dispute Resolution) Regulations 2004 as the Order is listed in … Continue reading Shaw v B and W Group Ltd: EAT 25 Jan 2011
EAT EQUAL PAY ACT – Other establishmentsPRACTICE AND PROCEDURE – AmendmentJURISDICTIONAL POINTS – 2002 Act and pre-action requirementsThree groups of appeals arising out of mass equal pay litigation(A) Amendment permitted to correct misdescriptions by Claimants of the jobs that they were doing(B) Employees employed by the Council in non-teaching roles in community schools entitled to … Continue reading Birmingham City Council v Beck and Others: EAT 9 May 2011
EAT EQUAL PAY ACT – Other establishmentsPRACTICE AND PROCEDURE – AmendmentJURISDICTIONAL POINTS – 2002 Act and pre-action requirementsThree groups of appeals arising out of mass equal pay litigation(A) Amendment permitted to correct misdescriptions by Claimants of the jobs that they were doing(B) Employees employed by the Council in non-teaching roles in community schools entitled to … Continue reading Birmingham City Council v Barker: EAT 9 May 2011
EAT EQUAL PAY ACT – Other establishments PRACTICE AND PROCEDURE – Amendment JURISDICTIONAL POINTS – 2002 Act and pre-action requirementsThree groups of appeals arising out of mass equal pay litigation (A) Amendment permitted to correct misdescriptions by Claimants of the jobs that they were doing (B) Employees employed by the Council in non-teaching roles in … Continue reading Beddoes and Others v Birmingham City Council: EAT 9 May 2011
EAT EQUAL PAY ACT – Other establishmentsPRACTICE AND PROCEDURE – AmendmentJURISDICTIONAL POINTS – 2002 Act and pre-action requirementsThree groups of appeals arising out of mass equal pay litigation(A) Amendment permitted to correct misdescriptions by Claimants of the jobs that they were doing(B) Employees employed by the Council in non-teaching roles in community schools entitled to … Continue reading Birmingham City Council v Akhtar and Others: EAT 9 May 2011
EAT EQUAL PAY ACT JURISDICTIONAL POINTS – 2002 Act and pre-action requirements Statutory grievance procedures. Collective grievance. Whether compliance with Employment Act 2002 s.32. Employment Act 2002 (Dispute Resolution) Regulations 2004 paragraph 9. Employment Tribunal’s finding that there had been compliance reversed on appeal. Claimant’s representative had referred, for the names of those on behalf … Continue reading South Ayrshire Council v Aitchison and Others: EAT 11 Mar 2011
The claimant had succeeded in her claim for constructive unfair dismissal, and of sex and race discrimation at the tribunal. The EAT reversed the discrimination findings saying that the claimant had not set them out in her ET1, and the Tribunal had wrongly extended them, giving the respondents no fair notice. She now appealed against … Continue reading Hewage v Grampian Health Board: SCS 14 Jan 2011
EAT JURISDICTIONAL POINTS – 2002 Act and pre-action requirements DISABILITY DISCRIMINATION – Reasonable adjustments Claimant incapacitated from driving duties as a result of a seizure – Dismissed – Claim originally pleaded as unfair dismissal – Seeks to amend to claim under Disability Discrimination Act 1995 that dismissal was the result of a failure to make … Continue reading Scottish Opera Ltd v Winning: EAT 9 Jun 2010
EAT JURISDICTION: 2002 Act and pre-action requirements The ‘substance of the tribunal complaint’ in Regulation 15(2) of the Employment Act 2002 (Dispute Resolution) Regulations 2004 should be broadly construed; such an interpretation is consistent with the judgment of the Court of Appeal in Harris v Towergate London Market Limited [2008] IRLR 537 and the judgments … Continue reading Mbog v Whitbread Group Plc: EAT 5 May 2010
EAT JURISDICTIONAL POINTS: 2002 Act and pre-action requirements Four points arising out of the application of section 32 of the Employment Act 2002 in a series of related equal pay multiples. Held: (1) In a case involving the modified grievance procedure, where the Claimant in her grievance had identified four jobs but had in her … Continue reading Brett and Others v Hampshire County Council: EAT 25 Jan 2010
EAT UNFAIR DISMISSALExclusions including worker / jurisdiction Procedural fairness/automatically unfair dismissalReasonableness of dismissalSix conjoined appeals by employees dismissed during the Gate Gourmet dispute and in respect of whom the Tribunal had found either that they were dismissed while taking part in unofficial industrial action, so that it had no jurisdiction pursuant to s.237(1) of the … Continue reading Sandhu and Others v Gate Gourmet London Ltd: EAT 17 Jul 2009
EAT DISABILITY DISCRIMINATION – Disability related discrimination JURISDICTIONAL POINTS – Extension of time: just and equitable UNFAIR DISMISSAL – Reasonableness of dismissal Employee dismissed after being off sick for two years suffering from depression – Claims for disability discrimination and unfair dismissal Disability discrimination claims held to be unsustainable in the light of London Borough … Continue reading Carter v London Underground Ltd and Another: EAT 8 May 2009
EAT WORKING TIME REGULATIONS The claimant, who worked as a security officer, made a claim for compensatory rest under the Working Time Regulations. Under regulation 12 of those regulations, it is provided that ‘where a worker’s daily working time is more than six hours he is entitled to a rest break’. Such a break is … Continue reading The Corps of Commissionaires Management Ltd v Hughes: EAT 22 Oct 2008
EAT UNFAIR DISMISSAL: Constructive dismissal STATUTORY DISCIPLINE AND GRIEVANCE PROCEDURES: Whether infringed The Respondent committed a repudiatory breach of the Claimant’s contract of employment. The Claimant elected to wait until receipt of a letter the Respondent promised to send and provided a written grievance in accordance with s32 of the Employment Act 2002 and the … Continue reading Thornton Print Ltd v Morton: EAT 8 Sep 2008
EAT Practice and Procedure: 2002 Act and Pre-action Requirements Various questions relating to s.32 of the Employment Act 2002 and the Employment Act 2002 (Dispute Resolution) Regulations 2004. Chairman’s reasoning wrong in the light of the subsequent decision of the EAT in London Borough of Hounslow v Miller. However, for other reasons in most respects … Continue reading Alford House and others v McDonald: EAT 11 Oct 2007
EAT PRACTICE AND PROCEDURE2002 Act and Pre-Action RequirementsThe employers contended that the Tribunal should not hear a case of unfair dismissal because the employee had failed to comply with the statutory grievance procedure. The Tribunal rejected the argument, heard the case and made a finding of unfair dismissal. The Tribunal held that the employer had … Continue reading South Kent College v Hall: EAT 2 Jul 2007
EAT PRACTICE AND PROCEDURE Preliminary issues 2002 Act and Pre-action Requirements The employee lodged a claim for unfair dismissal outside the statutory three month time limit. The Chairman held that when the normal time limit expired, the employee had reasonable grounds to believe that a dismissal procedure was being followed and therefore the claim was … Continue reading Arnold Clark Automobiles Ltd v Glass: EAT 7 Jun 2007
The claimant had asserted constructive dismissal. He succeeded on appeal to the EAT, and the employer now appealed. He had asserted bullying by his managers, and then was absent from work after developing depression. The commission said that he was debarred from claiming having not completed the grievance procedure or provided a written statement of … Continue reading Lipscombe v The Forestry Commission: CA 9 May 2007
EAT Time Limits Practice and Procedure – 2002 Act and pre-action requirementsUnfair Dismissal – Constructive dismissalFor the purpose of the extension of the time afforded by reg. 15 of the Employment Act 2002 (Dispute Resolution) Regulations 2004, an employee’s grievance is to be treated as lodged ‘within the normal time limit’ even if it is … Continue reading HM Prison Service v Barua: EAT 15 Nov 2006
EAT Time Limits Practice and Procedure – 2002 Act and pre-action requirements Unfair Dismissal – Constructive dismissalFor the purpose of the extension of the time afforded by reg. 15 of the Employment Act 2002 (Dispute Resolution) Regulations 2004, an employee’s grievance is to be treated as lodged ‘within the normal time limit’ even if it … Continue reading London Borough of Lewisham v Colbourne: EAT 15 Nov 2006
EAT Practice and Procedure – 2002 Act and Pre-Action Requirements; and Amendment Whether section 32(4) EA 2002 – original time limit – restricts time for bringing a DDA claim to the primary 3 months period, or whether the just and equitable discretion under DDA Schedule 3 Part 3 may be exercised. It is the latter. … Continue reading BUPA Care Homes v Cann; Spillett v Tesco Stores: EAT 31 Jan 2006
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
bradford_prattEAT2007 EAT Practice and Procedure Statutory dispute resolution procedures introduced by the Employment Act 2002 – modified grievance procedure – whether employee complied with requirement to set out in writing the basis for the grievance. Held, allowing the appeal, that the employee had not done so.Richardson J said: ‘an employee must set out in his … Continue reading City of Bradford Metropolitan District Council v Pratt: EAT 9 Jan 2007
The claimant had submitted a grievance complaining in general terms of the way in which she had been treated by a manager. She did not, however, refer to a particular incident relied on in her pleading as one of the two ‘last straw’ incidents that led to her resignation. The respondent contended that by reason … Continue reading Shergold v Fieldway Medical Centre: EAT 5 Dec 2005
The company made selections for redundancy, but failed to give the appellants information about how the scoring system had resulted in the figures allocated. The calculations left their representative unable to challenge them on appeal. The procedure adopted did not follow the statutory rules, but the tribunal had found the dismissals to be fair. The … Continue reading Alexander and Hatherley v Bridgen Enterprises Ltd: EAT 12 Apr 2006
clyde_macaulayEAT2008 EAT Jurisdictional Points: 2002 Act and pre-action requirementsStatutory grievance procedure. Modified procedure. Whether letter from claimant’s solicitor set out the basis for her grievance. Smith J [2008] UKEAT 0045 – 07 – 0304 Bailii Employment Act 2002 32, Employment Act 2002 (Dispute Resolution) Regulations 2004 Citing: Cited – Shergold v Fieldway Medical Centre EAT … Continue reading Clyde Valley Housing Association Ltd v Macaulay: EAT 3 Apr 2008
roberts_acumedEAT10 EAT UNFAIR DISMISSAL Reason for dismissal including substantial other reason Reasonableness of dismissal Procedural fairness/automatically unfair dismissal The Claimant area sales manager was remunerated on a different basis from the other four area managers. His commission was based on total sales whereas theirs was based on annual increase in sales. On reviewing remuneration the … Continue reading Roberts v Acumed Ltd: EAT 25 Nov 2010
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EAT Practice and Procedure Whether Claimant complied with requirements of Section 32 of the Employment Act 2002 and paragraph 6, Schedule 2 of the Employment Act (Dispute Regulations) 2004. Judges: Pugsley J Citations: [2007] UKEAT 0392 – 07 – 2012 Links: Bailii Statutes: Employment Act 2002 32, Employment Act (Dispute Resolution) Regulations 2004 Citing: Cited … Continue reading Royal Mail Letters and others v Muhammad: EAT 20 Dec 2007
EAT Practice and Procedure – CompromiseEqual Pay Act – Work rated equivalent; Damages/Compensation This case raises three issues, two of which are of particular significance in the field of equal pay.Do employees whose jobs are rated as equivalent under a job evaluation scheme have the right to seek compensation going back up to six years … Continue reading Bainbridge and others v Redcar and Cleveland Borough Council: EAT 23 Mar 2007
