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
ECFI Common foreign and security policy – Restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaeda network and the Taliban – Regulation (EC) No 881/2002 – Freezing of a person’s funds and economic resources as a result of his inclusion in a list drawn up by a body of … Continue reading Kadi v Commission: ECFI 30 Sep 2010
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
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
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
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 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 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
EAT PRACTICE AND PROCEDURE – Estoppel or abuse of process/AmendmentThe appeal was dismissed on issue estoppel. Issue estoppel applied not to the declarations made by the first Employment Tribunal, as apparently decided in the Pre Hearing Review judgment, but to the breach of contract issues that had been decided at that first hearing as stated … Continue reading Parker v Northumbrian Water: EAT 30 Mar 2011
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
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
EAT UNFAIR DISMISSAL – Reasonableness of dismissal CONTRACT OF EMPLOYMENT – Written particulars The Employment Tribunal made two mistakes of fact which made the Judgment perverse. It could not be said to be unarguably right, and so was remitted to a different Employment Tribunal. The right under Employment Rights Act 1996 s1 to written particulars … Continue reading Parfums Givenchy Ltd v Finch: EAT 30 Jul 2010
The employer had altered existing employment contracts. The claimants having commenced discrimination claims then sought to add to the existing proceedings comparators from different job groups. The tribunal had been asked whether, given that this amounted to a new claim (applying Bainbridge), that new claim was out of time and if so whether its discretion … Continue reading North Cumbria University Hospitals NHS Trust v Fox and Others: CA 30 Jun 2010
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
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
NIIT The decision of the tribunal is that the claimant’s letter to the respondent dated 4/10 January 2008 and headed Ref: My Dismissal October 2007 sets out in writing the claimant’s grievance and the basis for her grievance. Her claim presented to the tribunal on 14 January 2008 and represented to the tribunal on 7 … Continue reading Swindell v Lisburn Golf Club: NIIT 30 May 2008
EAT UNFAIR DISMISSAL: Reasonableness of dismissal JURISDICTIONAL POINTS: 2002 Act and pre-action requirements The majority judgment of the Employment Tribunal that the Respondent dismissed the Claimant unfairly in breach of the EADR 2004, Steps 1 and 2(ii)(b), and if necessary, Employment Rights Act 1996 s98(4), was set aside. It was made without explanation as to … Continue reading London United Busways Ltd v Salim: EAT 30 May 2008
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
A part-time college lecturer claimed holiday pay under Regulation 13. Her rate of pay was calculated with the apparent aim of achieving equivalence with the remuneration of full-time lecturers. The Employment Tribunal referred to the findings of the Employment Tribunal in the employee’s favour: ‘4. In upholding the complaint the Chairman concluded that the contract … Continue reading The College of North East London v Leather: EAT 30 Nov 2001
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
EAT Practice and Procedure – 2002 Act and pre-action requirements. Regulation 14 2004 Regulations; excluding discrimination Questionnaires from definition of statutory grievance. When failure to comply with SGP may be raised. Whether SGP requirement offends European Law.The Regulations cannot be circumvented by contending that the grievance identified in the preamble to the questions can be … Continue reading D Holc-Gale v Makers UK Ltd: EAT 30 Nov 2005
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
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
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
The claimant had succeeded before the employment tribunal in her claim of race discrimination by the respondent and senior officers. She now appealed the reversal of that judgment. The claimant asked the tribunal to draw inferences of discrimination from her unreasonable treatment. Held: The ability and readiness of a tribunal to infer discriminatory motives from … Continue reading Law Society v Bahl: CA 30 Jul 2004
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
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
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
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 court considered the issue of the use of a strike out as a sanction for non-compliance with a court order. Held: The approach of the court in a case considering relief for sanctions – exemplified by RC Residuals v Linton Fuel was bound to be different from that in Arrow Nominees v Blackledge, as … Continue reading Stolzenberg and others v CIBC Mellon Trust Co Ltd and others: CA 30 Jun 2004
Unfair Dismissal, Holiday Pay, Breach of Contract Citations: [2002] NIIT 121 Links: Bailii Northern Ireland, Employment Updated: 10 June 2022; Ref: scu.196303
The claimant had contracted to purchase lead from some of the defendants. There were delays in payment but when funds were made available they should have been repaid. An incorrect bill of lading was presented. The bill certified that the goods had been loaded, but they had not. Held: An inspector certifying the goods should … Continue reading Niru Battery Manufacturing Company, Bank Sepah Iran v Milestone Trading Limited: CA 23 Oct 2003
The appellant appealed a finding of the Employment Appeal Tribunal against her. She had complained of sex and race discrimination. She alleged that the Tribunal had concentrated on the issues of policy within the respondent police force. Held: The true issues were how in fact the complainant had been treated, and the Tribunal had concentrated … Continue reading Hendricks v The Commissioner of Police of the Metropolis: CA 27 Nov 2002
The claimant was awarded damages for injuries suffered in his work as a seaman. The respondents claimed that he should not receive damages, since he had made false declarations as to his health in order to obtain employment, hiding his epilepsy condition. Held: Clunis established that the court would not support an action founded upon … Continue reading Hewison v Meridian Shipping Pte, Coflexip Stena Offshore Ltd, Flex Installer Offshore Ltd: CA 11 Dec 2002
The applicants sought to argue that the attempt to evict him from the caravan site he occupied infringed his article 8 and 14 rights. Though the Isaacs case had decided there was good reason to deny security, he argued that was no longer applicable, since many gypsies did not now seek a roving life. Held: … Continue reading Regina (on the application of Smith) v Barking and Dagenham London Borough Council and another: Admn 19 Nov 2002
ECJ Directive 93/13/EEC – Unfair terms in consumer contracts – Action brought by a seller or supplier – National provision prohibiting the national court from finding a term unfair, of its own motion or following a plea raised by the consumer, after the expiry of a limitation period.The question of whether a domestic procedural provision … Continue reading Cofidis SA v Jean-Louis Fredout: ECJ 21 Nov 2002
The employer and employees disagreed about whether an element of holiday pay had been included in the rate of pay. Held: There had to be an explicit agreement between the parties before this could happen. It was not for one side unilaterally to impose its own understanding of the contract. The regulations referred to ‘contractual’ … Continue reading Gridquest Ltd T/A Select Employment, Piper Group Plc, XR Associates Ltd v K A Blackburn etc: CA 23 Jul 2002
The employee claimed that he had been unlawfully dismissed, and that his dismissal broke the protection given to whistleblowers under the Act. The employer appealed. Held: In such claims it was necessary first for the tribunal to establish whether it had jurisdiction, by testing whether a protected disclosure had taken place, and whether that had … Continue reading ALM Medical Services Limited v Bryan Bladon: CA 26 Jul 2002
The claimant sought damages from the defendant who was a pop star, and had vociferously, publicly, and wrongly accused the claimant of selling pictures with fake autographs of her husband. The defendant obtained an order striking out the claim on the ground that the defendant was not responsible for repetitions of the slander by others. … Continue reading McManus and others v Beckham: CA 4 Jul 2002
The appellants were journalists and other workers, and members of trades unions. Their employers had de-recognised the unions, paying sums to buy out those rights. The claimants had not surrendered their rights, and had been paid less because of it. Held: The Act did not protect the employees rights of association as guaranteed by article … Continue reading Wilson and NUJ, Palmer, Wyeth and RMT, Doolan and Others v The United Kingdom: ECHR 2 Jul 2002
The claimants sought damages against the defendants for their late delivery of a building. The contractors sought to share the damages with the architects who had certified the delays, defeating their own claims. Held: The Act sought to extend the circumstances under which contributions could be sought, but their claim against the architects were of … Continue reading Royal Brompton Hospital National Health Service Trust v Hammond and others: HL 25 Apr 2002
The employers appealed against findings that employees could claim constructive dismissal on a transfer of an undertaking simply because of a change in the employment conditions after the transfer. Held: Neither the Regulations nor the Act created a new right beyond the preservation of existing rights. To found a case for constructive dismissal, the employee … Continue reading Rossiter v Pendragon plc; Clarke v Air Foyle Ltd: CA 10 May 2002
The University had employed the pursuer on terms that it was entitled ‘for good cause shown to terminate the appointment of the employee by giving three months’ notice in writing’. He claimed on two bases, first, a breach of the alleged express term not to terminate his employment except on good cause shown, and, secondly, … Continue reading King v University Court of the University of St Andrews: SCS 30 Jan 2002
The claimant sought damages from the respondents who had been responsible for his education, for having failed to diagnose his learning difficulties. The school had recognised that he was underachieving, but diagnosis as to the reason was not easy. Held: Though the school had acted properly, it had failed to call in specialist help and … Continue reading Liennard v Slough Borough Council: QBD 15 Mar 2002
The applicant had been severely injured at work. He was an epileptic, and had not disclosed his condition to his employers, who because of the safety aspects of the work on oil rigs could not have employed him if he had disclosed the sickness. The employers resisted payment of damages for loss of earnings and … Continue reading Hewison v Meridian Shipping Services Pte Ltd, Coflexip Stena Offshore Ltd, Flex Installer Offshore Ltd: QBD 30 Nov 2001
EAT UNFAIR DISMISSALReason for dismissalDISABILITY DISCRIMINATIONDisabilityReasonable adjustmentsUnfair dismissal and disability discrimination. Claimant employed as a service engineer and dismissed. Claimant’s case was that dismissal was both unfair and for a reason related to disability. Respondents’ case was that dismissal was fair, on grounds of misconduct. Tribunal found that dismissal was because of respondents’ perception of … Continue reading British Gas Services Ltd T/A Scottish Gas Services v Park: EAT 30 Jun 2005
An employee at an educational establishment told management that he intended to undergo gender reassignment. He was given notice of dismissal. Held: The scope of the Directive was not confined to discrimination based on the fact that a person was of one or other sex but also extended to discrimination arising from the gender reassignment … Continue reading P v S and Cornwall County Council: ECJ 30 Apr 1996
Citations: [2002] EWCA Civ 249 Links: Bailii Jurisdiction: England and Wales Citing: Cited – Office Angels Ltd v Rainer-Thomas CA 1991 Reasonability Test of Post Employment RestrictionThe court re-stated the principles applicable in testing whether an employee’s restrictive covenant was reasonable: ‘The court cannot say that a covenant in one form affords no more than … Continue reading Thurstan Hoskin and Partners v Jewill Hill and Bennett (A Firm) and others: CA 5 Feb 2002
The teacher was ill and was not to return to work. She expressed her willingness to take early retirement, but then claimed her full entitlement to four months’ notice of her dismissal. Held: The expression of willingness was to be taken as her notice to leave the job if the condition was fulfilled. She had … Continue reading Healey v Bridgend County Borough Council: CA 14 Nov 2002
The appellants had audited the books of the respondent company, but had failed to identify substantial frauds by an employee of the respondent. The auditors appealed a finding of professional negligence, relying on the maxim ex turpi causa non oritur actio. Held: (Mance and Scott LL dissenting) The appeal succeeded. The company could not bring … Continue reading Moore Stephens (A Firm) v Stone Rolls Ltd (in liquidation): HL 30 Jul 2009
EAT Contract of Employment – Breach of Contract. Judges: Mr Recorder Langstaff Qc Citations: EAT/1383/00 Links: EAT Jurisdiction: England and Wales Citing: See Also – Warman International Ltd v Gwilson EAT 7-Jan-2002 EAT Contract of Employment – Breach of Contract. . . Cited by: See Also – Warman International Ltd v Wilson EAT 7-Mar-2002 . … Continue reading Warman International Ltd v Wilson: EAT 25 Jan 2002
EAT Contract of Employment – Breach of Contract. Judges: Mr Recorder Langstaff Qc Citations: EAT/1383/00 Links: EATn Jurisdiction: England and Wales Cited by: See Also – Warman International Ltd v Wilson EAT 25-Jan-2002 EAT Contract of Employment – Breach of Contract. . .See Also – Warman International Ltd v Wilson EAT 7-Mar-2002 . . Lists … Continue reading Warman International Ltd v Gwilson: EAT 7 Jan 2002
The appellant, of Nigerian origin had been brought here at the age of 14 with false identity papers, and was put to work caring for the respondent’s children. In 2008 she was dismissed and ejected from the house. She brought proceedings alleging racial discrimination, but the only element of her claim which succeeded was of … Continue reading Hounga v Allen and Another: SC 30 Jul 2014
The respondent issued a notice requiring the applicant to comply with the Act. They appealed an order which refused to provide for payments to former workers. Held: A notice under the Act must relate to present and future workers. For such workers it was possible to make orders for previous periods, but it was not … Continue reading Bebb Travel plc v Inland Revenue of England and Wales: EAT 16 Aug 2002
PRACTICE AND PROCEDURE – Postponement or stay There was no error in the ET’s decision not to postpone a costs hearing, even though it meant the hearing took place in the Claimant’s absence. The medical evidence was vague and did not provide sufficient evidence that the Claimant was unfit to attend the hearing. The line … Continue reading Mvula v The Co-Operative Group Ltd (Practice and Procedure – Postponement or Stay): EAT 11 Sep 2018
On Officer was subject to a claim for false imprisonment on an unlawful arrest, and it was asserted that the Watch Committee of the local authority were vicariously liable. The plaintiff pointed to his Oath of Office: ‘I . . . . . . . . . of . . . . . . . … Continue reading Fisher v Oldham Corporation: KBD 1930
Citations: [2002] UKEAT 10 – 01 – 1507, [2002] Emp LR 1148, [2002] ICR 1156, [2002] Po LR 202 Links: Bailii Statutes: Sex Discrimination Act 1975 Jurisdiction: England and Wales Citing: Cited – Fisher v Oldham Corporation KBD 1930 On Officer was subject to a claim for false imprisonment on an unlawful arrest, and it … Continue reading Chief Constable of Cumbria v McGlennon: EAT 15 Jul 2002
The claimant complained that the defendant had said in a television programme that he had failed to act properly when presenting his expert forensic evidence in court in the trial of the Birmingham Six. Held: The court should give to the material complained of the natural and ordinary meaning which it would have conveyed to … Continue reading Skuse v Granada Television: CA 30 Mar 1993
Former HL decision in Siebe Gorman overruled The company had become insolvent. The bank had a debenture and claimed that its charge over the book debts had become a fixed charge. The preferential creditors said that the charge was a floating charge and that they took priority. Held: The appeal was allowed. The debenture, although … Continue reading National Westminster Bank plc v Spectrum Plus Limited and others: HL 30 Jun 2005
EAT Appeal from ET’s decision, at directions hearing, permitting evidence to be adduced, at the forthcoming hearing of a direct sex discrimination and victimisation complaint, of the Applicant’s allegation that, at a meeting expressed to be ‘without prejudice’, her employers sought to terminate her employment following a grievance raised by her about her treatment on … Continue reading BNP Paribas v A Mezzotero: EAT 30 Mar 2004
The first defendant (F) had been employed by a company involved in a distribution agreement. He had sought to set up a competing arrangement whilst a director of the claimant, and diverted a contract to his new company. Held: A company director has additional, fiduciary duties over and above those of an employee. The duties … Continue reading Fassihim, Liddiardrams, International Ltd, Isograph Ltd v Item Software (UK) Ltd: CA 30 Sep 2004
The claimant’s employment action had been struck out when the Tribunal concluded that given the medical evidence a fair trial would not be possible within the forseeable future. Mummery, Longmore, Rimer LJJ [2013] EWCA Civ 951, [2013] IRLR 966 Bailii England and Wales Citing: Cited – Andreou v Lord Chancellor’s Department CA 22-Jul-2002 The Claimant … Continue reading Riley v The Crown Prosecution Service: CA 30 Jul 2013
Iniquity surpasses legal advice privilege PRACTICE AND PROCEDURE – Disclosure PRACTICE AND PROCEDURE – Striking-out/dismissal An Employment Judge struck out paragraphs of the Claimant’s claim as they depended on an email in respect of which legal advice privilege was claimed. In considering whether privilege could not be claimed as the advice in the email was … Continue reading X v Y Ltd (Practice and Procedure – Disclosure): EAT 9 Aug 2018
The claimants sought a declaration that the restriction on the infliction of corporal punishment in schools infringed their human right of freedom of religion. The schools concerned were Christian schools who believed that moderate corporal discipline was required in order to give expression to their religious beliefs. The respondent argued that the beliefs asserted, whilst … Continue reading Regina (Williamson and Others) v Secretary of State for Education and Employment: CA 12 Dec 2002
Judge’s Reasons Must Show How Reached In each case appeals were made, following Flannery, complaining of a lack of reasons given by the judge for his decision. Held: Human Rights jurisprudence required judges to put parties into a position where they could understand how the decision in their case had been arrived at. Flannery preceded … Continue reading English v Emery Reimbold and Strick Ltd; etc, (Practice Note): CA 30 Apr 2002
The court considered whether discriminatory acts after the termination of employment were caught by the respective anti-discrimination Acts. The acts included a failure to give proper references. They pursued claims on the basis of victimisation after their primary discrimination claims. Held: The 1975 and 1976 Acts were similarly phrased and the wording in the 1995 … Continue reading Relaxion Group plc v Rhys-Harper; D’Souza v London Borough of Lambeth; Jones v 3M Healthcare Limited and three other actions: HL 19 Jun 2003
Right to Life Did Not include Right to Death The applicant was paralysed and suffered a degenerative condition. She wanted her husband to be allowed to assist her suicide by accompanying her to Switzerland. English law would not excuse such behaviour. She argued that the right to die is not the antithesis of the right … Continue reading Pretty v The United Kingdom: ECHR 29 Apr 2002
The appellants were teachers in Christian schools who said that the blanket ban on corporal punishment interfered with their religious freedom. They saw moderate physical discipline as an essential part of educating children in a Christian manner. Held: The appeal was dismissed. For Article 9 to be engaged (aside from certain other threshold conditions) the … Continue reading Regina v Secretary of State for Education and Employment and others ex parte Williamson and others: HL 24 Feb 2005
The claimant alleged discrimination. As a teaching assistant, she had been refused permission to wear a veil when assisting a male teacher. Held: Direct discrimination had not been shown. The respondent had shown that any comparator would have also been required to remove a veil since it obscured her face and mouth and was a … Continue reading Azmi v Kirklees Metropolitan Borough Council: EAT 30 Mar 2007
Reasobaleness of Investigation Judged Objectively The employer appealed against a decision that it had unfairly dismissed the respondent. The majority of the Employment Tribunal had decided that the employers had not carried out a reasonable investigation into the employee’s alleged misconduct which consisted of stealing an article found in his locker at work, because other … Continue reading J Sainsbury Ltd v Hitt; Orse Sainsburys Supermarkets Limited v Hitt: CA 18 Oct 2002
The claimant was a post operative male to female trans-sexual. She claimed that her human rights were infringed when she was still treated as a man for National Insurance contributions purposes, where she continued to make payments after the age at which a woman would have ceased payments thus causing harassment. A second claimant again … Continue reading Goodwin v The United Kingdom: ECHR 11 Jul 2002
Solicitors acted in a loan, giving an undertaking as to its application. In breach of that undertaking they released it to the borrower. The appellants appealed a finding of liability as contributors to the breach. Held: ‘Money in a solicitor’s client account is held on trust. The only question is the terms of that trust.’ … Continue reading Twinsectra Ltd v Yardley and Others: HL 21 Mar 2002
The claimants suffered mesothelioma after contact with asbestos while at work. Their employers pointed to several employments which might have given rise to the condition, saying it could not be clear which particular employment gave rise to the condition. The claimants appealed dismissal of their claim. Held: It is for a claimant to prove that … Continue reading Fairchild v Glenhaven Funeral Services Ltd and Others: HL 20 Jun 2002
The plaintiff had bought a house on the faith of the defendant’s report that there were only limited defects requiring repair. In fact the defects were much more extensive. The defendant surveyor appealed against an award of damages after his negligent survey of a property. The plaintiff sought damages for distress, and the cost of … Continue reading Watts and Co v Morrow: CA 30 Jul 1991
The defendant appealed against a striking out of part of its defence to the claim of defamation, pleading justification. Held: The Human Rights Convention had not itself changed the conditions for a plea of justification based upon reasonable belief that the claimant had acted criminally. The three conditions were: the inability to rely upon hearsay, … Continue reading Chase v Newsgroup Newspapers Ltd: CA 3 Dec 2002
The victim died on a farm when his dumper truck overturned burying him in its load. Held: The prosecutor needed to establish a prima facie case that the results required by the Act had not been achieved. He need only establish that a risk of injury arose out of the state of affairs at the … Continue reading Chargot Limited (T/A Contract Services) and Others, Regina v: HL 10 Dec 2008
INCOME TAX – preliminary issue – section 15 ITTOIA 2005 – performance of duties of employed diver in UK waters treated as the carrying on of a trade in the UK – respondent resident in South Africa – whether income taxable as employment income under . .
The claimant had been accused of offences, but the prosecution had been discontinued when the child victims had failed to identify him. The police had nevertheless notified potential employers and he had been unable to obtain work as a social . .
EAT PRACTICE AND PROCEDURE
PRACTICE AND PROCEDURE – Case management
PRACTICE AND PROCEDURE – Preliminary issues
On 12 March 2015, at a telephone Case Management Preliminary Hearing, . .
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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
Counsel appearing at the tribunal had previously sat as a judge with a tribunal member. The opposing party asserted bias in the tribunal. Held: The test in Gough should be restated in part so that the court must first ascertain all the circumstances which have a bearing on the suggestion that the judge was biased. … Continue reading Lawal v Northern Spirit Limited: HL 19 Jun 2003
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 Chief Constable of Merseyside Police v Knox (Victmisation): EAT 22 Jan 2021
The Society appealed dismissal for limitation of its claim against the defendant firm of accountants arising from alleged fraud in approval of a solicitor’s accounts. Held: The liability did not arise until the Society decided to make compensation to those who had been affected by the solicitor’s default. The claims in negligence were not time … Continue reading The Law Society v Sephton and Co and others: CA 13 Dec 2004
The appellant challenged refusal of rectification of its agreement with the defendant. They asserted either mutual or unilateral mistake. The parties had agreed for the transfer of housing stock and management staff to the respondents. The claimant council sought rectification of a contract by which it transferred its housing stock and the staff employed in … Continue reading Daventry District Council v Daventry and District Housing Ltd: CA 13 Oct 2011
The appellants contracted through an agent to supply tyres. The respondents contracted not to do certain things, and in case of breach concluded: ‘We agree to pay to the Dunlop Pneumatic Tyre Company, Ltd. the sum of 5 l. for each and every tyre, cover or tube sold or offered in breach of this agreement, … Continue reading Dunlop Pneumatic Tyre Company Ltd v New Garage and Motor Company Ltd: HL 1 Jul 1914
EAT Four employees successfully established before the Employment Tribunal that they had been unfairly dismissed for redundancy. The Tribunal found that there had been procedural defects. In particular the assessments in the redundancy exercise had been inadequate and subjective. The Tribunal considered whether the dismissals were fair under section 98A(2) of the Employment Rights Act … Continue reading Software 2000 Ltd v Andrews etc: EAT 17 Jan 2007
The claimant sought damages from her former accountants for failing to protect her from bankruptcy. The receiver had unnecessarily caused great difficulties in making their claim that such an action vested in them. The defendants had subsequently, and brazenly sought to avoid laibility by denying the claimant’s standing to sue them. Held: The claim by … Continue reading Mulkerrins v Pricewaterhouse Coopers: HL 31 Jul 2003
Ex turpi causa non oritur actio A claim was made for the price of goods which the plaintiff sold to the defendant in Dunkirk, knowing that the defendant’s purpose was to smuggle the goods into England. The plaintiff was met with a defence of illegality. Held: The defence failed. Knowledge on the part of the … Continue reading Holman v Johnson: 5 Jul 1775
The use of covert listening devices within a police station was an infringement of the right to privacy, since there was no system of law regulating such practices. That need not affect the right to a fair trial. The prosecution had a duty to disclose all relevant evidence to the defence. In this case the … Continue reading PG and JH v The United Kingdom: ECHR 25 Sep 2001
The defendants appealed grant of an interim injunction to enforce restrictive employment covenants. The second defendant had sold his interest in the claimant company in 2001, but after his consultancy ended, he set up another business, the third defendant. The first defendant had worked for the claimant, but left o work in the third defendant … Continue reading EE and Brian Smith (1928) Ltd v Hodson and others: CA 23 Nov 2007
The appellants had been dismissed after investigations satisfied the employer that the employees had been using illegal drugs. Cross appeals were made in the following misconduct unfair dismissal claim. The employees complained of the use of anonymous witnesses. The employer had successfully appealed against an order for disclosure of all the statements taken. Held: Burton … Continue reading Asda Stores Ltd v Thompson, Pullan, and Caller: EAT 16 Jun 2003
