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 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 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
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 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 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 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 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 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 – 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
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
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