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
Enforcement of confidentiality clause in contract of employment on termination. Judges: N Strauss J Citations:  EWHC 3116 (Ch),  BCC 858,  2 BCLC 1,  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 Race Discrimination – Aiding and abetting Judges: The Honourable Mr Justice Burton (P) Citations: UKEAT/622/03,  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
EAT PRACTICE AND PROCEDURE – AmendmentJURISDICTIONAL POINTS – 2002 Act and pre-action requirementsJudge refused permission to Claimant to amend claim form to include claim under s. 103A of Employment Rights Act 1996Held that Judge erred in law by failing properly to analyse the extent to which the proposed amendment would extend the scope of the … Continue reading Evershed v New Star Asset Management: EAT 31 Jul 2009
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:  IRLR 267 Jurisdiction: England and Wales Cited by: … Continue reading Cantor Fitzgerald International v Bird and others: 2002
The defendant signed an employment contract to join the claimants as a senior broker. He changed his mind and decided to stay in his existing job. The new employers sued for breach of contract. The defendant said that the claimants had refused to indemnify him should his employers claim under a restrictive covenant. He had … Continue reading Tullett Prebon Group Ltd v El-Hajjali: QBD 31 Jul 2008
EAT UNFAIR DISMISSAL: Polkey deduction JURISDICTIONAL POINTS: 2002 Act and pre-action Requirements, ‘Automatic’ unfair dismissal for redundancy by reason of non-compliance with statutory procedure – Jobs found to have genuinely disappeared, but employer found to have made no proper attempt to find alternative employment – Issue whether Claimants would have found/accepted alternative employment even if … Continue reading Virgin Media Ltd v Seddington and Another: EAT 31 Mar 2009
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
Citations:  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
The employer appealed against findings of unfair dismissal and disability discrimination. The employee worked in IT. He was profoundly deaf, but could lip read and read sign language. He had been accused of obtaining improper access to a senior staff member’s emails. During the disciplinary hearing, he had been assisted by an interpreter for part … Continue reading Taylor v OCS Group Ltd: CA 31 May 2006
The reason adduced by the union for the dismissal of the climant was found by the Tribunal on the facts not to be the true reason for dismissal, the true reason being the union executive committee’s political antipathy to Mr Brady. Held: It was highly arguable that a finding that disciplinary proceedings had been commenced … Continue reading Associated Society of Locomotive Engineers and Firemen v Brady: EAT 31 Mar 2006
EAT The Tribunal erred in law in holding that the Appellant had received the rest breaks to which she was entitled under reg 12 of the Working Time Regulations 1998. Gallagher v Alpha Catering Services Ltd  IRLR 102 applied.The Tribunal erred in law in holding that the Appellant was not working for the purpose … Continue reading MacCartney v Oversley House Management: EAT 31 Jan 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
Renewed application for leave to appeal – granted on limited grounds Judges: Kennedy, Mummery, Longmore LJJ Citations:  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
EAT Redundancy – Definition Judges: Mr Recorder Luba QC Citations:  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:  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:  UKEAT 0433 – 01 – 2210 Links: Bailii Employment Updated: 14 June 2022; Ref: scu.203156
EAT Unfair Dismissal – Contributory fault. Judges: The Honourable Mr Justice Wall Citations:  UKEAT 765 – 01 – 0210, EAT/765/01 Links: Bailii, EAT 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 EAT 11-Jun-2002 Interlocutory appeal … Continue reading Stephen Fidler and Co v Kapadia: EAT 2 Oct 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:  UKEAT 915 – 01 – 2110, EAT/915/01,  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
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
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,  … Continue reading Foley v The United Kingdom: ECHR 22 Oct 2002
The employers provided ‘bank nurses’ for nursing homes and other institutions on an emergency basis, including a 24 hour telephone booking service. At night employees were based at home. The ‘duty nurse’ would answered a diverted phone call and then respond. The employee was paid an amount per shift. The Minimum Wage Compliance Team thought … Continue reading British Nursing Association v Inland Revenue (National Minimum Wage Compliance Team): CA 2002
Action at the instance of the widow, the two children and the parents of the late Richard King. It arises from a fatal accident that the deceased suffered on board an oil rig owned and operated by the first defenders in the course of his employment with the second defenders. Citations:  ScotCS 316 Links: … Continue reading King v Global Marine (KK) Ltd: SCS 13 Dec 2002
The claimant contracted to supply football shirts to the defendant, but claimed that clauses in the contract with regards to late delivery and payment operated as penalties and so were void at common law. Held: The sums set out were immodest and went far beyond any attempt to pre-estimate losses. They were invalid as a … Continue reading Jeancharm Ltd (T/A Beaver International) v Barnet Football Club Ltd: CA 16 Jan 2002
The claimant had been awarded damages for sex discrimination, including a sum of andpound;25,000 for injury to feelings. The respondent appealed. Held: The Court of Appeal looked to see whether there had been an error of law in the employment tribunal decision. It did not look to see whether the Employment Appeal Tribunal had erred … Continue reading Vento v The Chief Constable of West Yorkshire Police (No 2): CA 20 Dec 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 claimant sought an award for unfair dismissal. A similar case had been decided against another worker, and the respondent warned that it would want its costs. The tribunal gave her a warning that she was at risk of a costs order. She withdrew her case, but then appealed. The EAT said she had been … Continue reading Gee v Shell UK Ltd: CA 24 Oct 2002
The employees claimed sex discrimination, and sought to have as comparators, male employees of an employer who had previously employed some of them, before a TUPE transfer of the services supplied. The Court of Appeal referred to the court the question of whether they could rely upon Article 141(1) to base such a comparison. Held: … Continue reading Lawrence and others v Regent Office Care Ltd and Others: ECJ 17 Sep 2002
A court had issued a final order with an injunction against the respondent against revealing matters becoming known to him during his employment by the claimant. The BBC sought a variation to allow it to broadcast material based upon that documents held by the defendant. Held: A final order was not binding against third parties. … Continue reading Jockey Club v Buffham: QBD 13 Sep 2002
Appeal from refusal of order for disclosure of legal advice given to a party. It was alleged that the defendant’s suggested attempt at fraud by means of a document drawn up by the solicitors would be revealed by disclosure of the advice given. Judges: Eady J Citations:  EWHC 1344 (QB) Links: Bailii Jurisdiction: England … Continue reading Walsh Automation (Europe) Ltd v Bridgeman and others: QBD 4 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 claimant sought damages for sex discrimination after her summary dismissal. Though she received some advice, her application was lodged out of time. For the unfair dismissal and unlawful deductions claims, the test was whether it had been reasonably practicable to act within the time limits, but for the sex discrimination claim, the test was … Continue reading Six Continents Retail Ltd (Formerly Bass Taverns Limited T/A Bass Leisure Retail) v Hughes: EAT 19 Apr 2002
The employer appealed against a finding of unlawful deduction of wages. Held: The words ‘any . . emolument’ includes overtime pay, which may be isolated from other contractual terms as to pay. An arrangement under which the employer had tried to defeat a claim for unpaid overtime, by redescribing the basic pay rate failed. The … Continue reading Pendragon Plc v Nota: EAT 18 Mar 2002
The appellants challenged the refusal of their claims for stigma damages following the collapse of their former employer. Held: If a relevant breach of contract is established, and causation, remoteness and mitigation are satisfied, recovery of financial loss in respect of damage to reputation in employment cases is not excluded. Nevertheless, it will be difficult … Continue reading Husain and Zafar v Bank of Credit and Commerce International SA: CA 31 Jan 2002
The respondent sought an order to maintain the confidentiality of documents disclosed during patent revocation proceedings. It now appealed an order refusing confidentiality. Held: Under normal circumstances, a party requesting such an order must provide clear reasons for it to be granted. The court should recognise the lack of protection which would attach to a … Continue reading Lilly Icos Ltd v Pfizer Ltd (No 2): CA 23 Jan 2002
Although fewer men were affected by the two year qualifying period before becoming entitled not to be dismissed unfairly, the difference was objectively justified by the need to encourage employers to take staff on, and was not directly derived from any discriminatory reason. It was not a breach of the Directive. Lord Nicholls said: ‘The … Continue reading Regina v Secretary of State For Employment Ex Parte Seymour-Smith and Another (No 2): HL 17 Feb 2000
The term ‘establishment’ for the purpose of consultation on contemplated redundancies meant the work unit to which the relevant workers were assigned: ‘The term ‘establishment’ appearing in Article 1(1)(a) of Directive (75/129/EEC) must therefore be interpreted as designating, depending on the circumstances, the unit to which the workers made redundant are assigned to carry out … Continue reading Rockfon A/S v Specialarbejderforbunde I Danmark Acting for Nielsen and Others: ECJ 17 Jan 1996
EAT Contract of Employment – Breach of Contract. Judges: The Honourable Mr Justice Bell Citations: EAT/1326/99 Links: EAT Cited by: At EAT – London Borough of Southwark v Jiminez CA 31-Jul-2002 Renewed application for leave to appeal – granted on limited grounds . . Lists of cited by and citing cases may be incomplete. Discrimination, … Continue reading London Borough of Southwark v Jiminez: EAT 17 Apr 2002
A company which refused to recognise a union shop steward as such, because of the way in which he behaved, was treating him less favourably to restrict those activities, despite the fact that he had not been treated worse as an employee. In de-recognising Mr McCoid as a shop steward: ‘The only effect of the … Continue reading F W Farnsworth Limited v McCoid: CA 31 Mar 1999
EAT Trade Union Rights – Action short of dismissal. Judges: The Honourable Mr Justice Elias Citations: EAT/1318/01 Links: EAT Jurisdiction: England and Wales Employment Updated: 10 May 2022; Ref: scu.256131
The House was asked whether the 1971 Act permitted the relevant authorities, by resort to their development plans, to support the retention of traditional industries or was the ambit of the Act such as to permit only ‘land use’ aims to be pursued? The court considered also the relevance of personal considerations in planning matters. … Continue reading Westminster City Council v Great Portland Estates plc: HL 31 Oct 1984
The claimant sought aggravated damages for the aggressive way the respondent firm had defended her action for sex discrimination. Held: In exceptional circumstances, and this was one, the tribunal could award additional damages where a respondent behaved in his defence in an over-enthusiastic way: ‘If a respondent misconducts himself in the defence of a discrimination … Continue reading Zaiwalla and Co (a Firm) v Walia: EAT 24 Jul 2002
The applicant worked as a care assistant. She was required to be resident but worked shifts through the week. She appealed a finding that she was working ‘unmeasured time’ under regulation 6, asserting that it should have been judged to be ‘time work’ Held: It was important to look at the actual average hours worked, … Continue reading J M Walton v The Independent Living Organisation Ltd: EAT 21 Mar 2002
The applicants sought orders that enquiries into the activities of doctors under the Act should be held in public. Held: The Act contained no presumption that enquiries should be in public, and the Wagstaff case created no general principle to that effect. The right to free expression did not include the right to receive from … Continue reading Regina (Howard and Another) v Secretary of State for Health: QBD 15 Mar 2002
Awards of damages for race discrimination were proper against both the employer, and an individual racist employee. 28k was not too much. Aggravated damages might be appropriate for direct discrimination where a complainant relied upon malice of conduct as a source of aggravation of hurt to feelings. Smith J reviewed the authorities on compensation for … Continue reading Johnson v HM Prison Service and Others: EAT 31 Dec 1996
EAT Practice and Procedure – Case management The Employment Tribunal did not err in law, in principle or reach a perverse decision in refusing the application of the Claimant to postpone on medical grounds the hearing of his claims. O’Cathail v Transport for London  ICR 614 applied, Beardshall v Rotherham Metropolitan Borough Council UKEAT/0073/12/ZT … Continue reading De-Smith v Awe Plc and Others: EAT 31 Jul 2017
Rehearing/Review – Little Difference on Appeal The appellant asked the Court to reverse a decision on the facts reached in the lower court. Held: The appeal failed (Majority decision). The court’s approach should be the same whether the case was dealt with as a rehearing or as a review. Tanfern was limited to appeals from … Continue reading Assicurazioni Generali Spa v Arab Insurance Group (BSC): CA 13 Nov 2002
The claimant teacher was a lesbian. She complained that her school in failed to protect her against abuse from pupils for her lesbianism. She appealed against a decision that the acts of the pupils did not amount to discrimination, and that the school were no responsible for it. The 1998 Act had come into effect. … Continue reading Pearce v Mayfield School: CA 31 Jul 2001
The claimant sought damages for constructive dismissal. He said that verbal abuse he had suffered from the manager damaged his health and destroyed the relationship of trust and confidence. Held: The manager was dictatorial and saw it as his role to be so. He brought to the executive and managerial level the habits of the … Continue reading Horkulak v Cantor Fitzgerald International: QBD 31 Jul 2003
The claimant had been represented at his claim before the employment tribunal by his wife, acting as a lay representative. She asked to be allowed to withdraw the complaint. Without asking her, the complaint was dismissed, and costs awarded against the claimant. He now appealed saying that the tribunal, knowing he was not represented by … Continue reading Drysdale v The Department of Transport (The Maritime and Coastguard Agency): CA 31 Jul 2014
A company went into liquidation, being owed substantial sums by another company in the same group, but itself insolvent. A settlement did not include accrued interest, but was claimed to be taxed as if it had, and on an accruals basis. If so, was this an expense properly arising in the insolvency, and payable as … Continue reading Kahn and Another v Commissioners of Inland Revenue; In re Toshoku Finance plc: HL 20 Feb 2002
The second defendant had become General Secretary of the first defendant after the amalgamation of two unions. The defendants agreed a compromise as to his term of office. The applicants sought declarations that they were now joint secretary. Held: The amalgamation had taken place under the 1992 Act. It was an issue as to whether … Continue reading Godrich and Serwotka v Public and Commercial Services Union and Reamsbottom: ChD 31 Jul 2002
Contract – Mutual Mistake Test Bell was director and chairman of Niger, a subsidiary of Lever Brothers Ltd who dismissed him, offering and paying pounds 30,000 compensation. Lever then discovered that Mr Bell had made secret profits at the expense of Niger for which he could have been summarily dismissed. Lever sought repayment of the … Continue reading Bell v Lever Brothers Ltd: HL 15 Dec 1931
CONTRACT OF EMPLOYMENT – Written particulars RACE DISCRIMINATION – Direct RACE DISCRIMINATION – Comparison The Employment Tribunal erred in concluding that an employee who has more than one but less than two months’ service is not entitled to a section 1 Employment Rights Act 1996 statement of terms and conditions of employment. It does not … Continue reading Stefanko and Others v Maritime Hotel Ltd and Another (Contract of Employment : Race Discrimination): EAT 25 Sep 2018
EAT EQUAL PAY ACT JURISDICTIONAL POINTS: Claim in time and effective date of termination The claimants alleged that their employer had been in breach of their rights under the Equal Pay Act 1970. They had been transferred pursuant to a TUPE transfer and claimed their equal pay rights some five years later. Their claims relied … Continue reading Sodexo Ltd v Gutridge and others: EAT 31 Jul 2008
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 Daily Mail had recognised the Union to which their journalists belonged. They wanted to end this arrangement, and offered a better rate of pay to non-members. The union said this was an unlawful action taken because of union membership. Similar issues arose in Palmer. Held: It was lawful to refuse pay increases to those … Continue reading Associated Newspapers Ltd v Wilson; Associated British Ports v Palmer: HL 31 Mar 1995
UTIAC (1) There is no general duty of disclosure on the Secretary of State in asylum appeals generally or Country Guidance cases in particular. The extent of the Secretary of State’s obligation is set out in R v SSHD ex p Kerrouche No 1  Imm AR 610, as explained in R (ota Cindo) v … Continue reading CM (Em Country Guidance; Disclosure) Zimbabwe CG: UTIAC 31 Jan 2013
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 worked as a residential social worker. Allegations were made against him of inappropriate behaviour with a child. The girl’s allegations varied. A criminal investigation took place but insufficient evidence was found. The investigation took over two years during which time the claimant was prevented from speaking to anybody at the home, and therefore … Continue reading A v B: EAT 14 Nov 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
The claimant had been dismissed after it was discovered he had been cautioned for a public homosexual act. He appealed dismissal of his claim saying that the standard of fairness applied was inappropriate with regard to the Human Rights Act, and that the state had a duty to protect him from private acts which breached … Continue reading X v Y (Employment: Sex Offender): CA 28 May 2004
EAT The EAT considered the employer’s duties to consult on making redundancies. The ET had found that company had satisfied the requirements. The Union argued that the duty to consult arose as soon as redundancies were contemplated. Held: The Union’s appeal failed. There was no error of law. What counted as ‘good time’: ‘is not … Continue reading MSF v Refuge Assurance Plc, United Friendly Insurance: EAT 15 Feb 2002
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 industrial tribunal had made a finding of direct race discrimination. The Employment Appeal Tribunal found the decision perverse, and ordered a rehearing. The applicant appealed that order. Held: The EAT must be careful not to take disagreements as to findings on facts as faults in law. No appeal on a question of law should … Continue reading Yeboah v Crofton: CA 31 May 2002
When an Employment Tribunal looked at whether a dismissal was reasonable, the test related not to an assessment of what tribunal members would think or do, but rather whether to ask whether the employer’s response was within a ‘band or range of reasonable responses’ of a reasonable employer to the situation. Earlier conflicting decisions were … Continue reading Foley v Post Office; HSBC Bank Plc (Formerly Midland Bank Plc) v Madden: CA 31 Jul 2000
The union sought leave to appeal against an interim injunction restraining it from calling a strike. It now called in aid also its members’ Article 11 Human Rights. The company had questioned whether the ballot met the requirements of the 1992 Act. Held: The Union had not supplied to the employer the figures required by … Continue reading Metrobus Ltd v Unite the Union: CA 31 Jul 2009
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
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Not necessary to examine Art. 14 or Art. 13; Non-pecuniary damage – financial award; Costs and expenses partial award – Convention . .
EAT Transfer of Undertakings – Dismissal
The employees sought compensation from the transferee company after a transfer within the regulations, saying that the transferring company had failed to carry out . .
Three appeals against the levels of damages awards were heard together, and the court considered the principles to be applied.
Held: In assessing compensation following a libel, the essential question was how much loss and damage did the . .
The claimant applied for an adjournment of his application. The tribunal suspected the basis of his medical certificate, and, refusing the adjournment, proceeded in his absence. The Employment Appeal Tribunal allowed an appeal, and the employer now . .
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, . .
The claimant succeeded in her claim for unfair dismissal, but now appealed against the reversal of the decision by the EAT. She had been dismissed for incapability to which she had contributed by her conduct. She had refused a move to another bank . .
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. . .
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 . .
EAT Contract of Employment – Definition of employee. . .
EAT Procedural Issues – Employment Tribunal . .
References:  HCA 71,  216 CLR 473,  203 ALR 112,  78 ALJR 180 Links: Austlii Coram: McHugh, Kirby JJ (High Court of Australia) McHugh and Kirby JJ said: ‘Persecution covers many forms of harm ranging from physical harm to the loss of intangibles, from death and torture to state sponsored or condoned … Continue reading Appellant S395/2002 v Minister for Immigration and Multicultural Affairs; 9 Dec 2003
1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts
EAT RACE DISCRIMINATION: Direct / Burden of proof / Other losses PRACTICE AND PROCEDURE: Delay in ET judgment STATUTORY DISCIPLINE and GRIEVANCE PROCEDURES: Impact on compensation C, aged 40, dismissed from bank ostensibly for redundancy, but the dismissal held by the Employment Tribunal to have been unfair and on racial grounds – Decision announced informally … Continue reading Abbey National Plc and Another v Chagger: EAT 16 Oct 2008
EAT Unfair Dismissal: Automatically unfair reasons / Compensation Automatically unfair dismissal. Uplift under section 31 of the Employment Act 2002. Whether or not reference/remit appropriate. Judges: Lady Smith Citations:  UKEAT 0010 – 08 – 0204,  IRLR 678 Links: Bailii Statutes: Employment Act 2002 31 Cited by: Cited – Drewett v Penfold EAT 7-Dec-2009 … Continue reading McKindless Group v McLaughlin: EAT 2 Apr 2008
EAT Contract of employment – Damages for breach of contract Unlawful deduction from wages Whether express term of contract as to mileage expenses was consensually varied by the Claimant’s acquiescence. Whether employment continued under protest. Appeal allowed in part and remitted for rehearing. Citations:  UKEAT 0342 – 07 – 1610 Links: Bailii Statutes: Employment … Continue reading GAP Personnel Franchises Ltd v Robinson: EAT 16 Oct 2007
EAT UNFAIR DISMISSAL – Constructive Dismissal UNFAIR DISMISSAL – Polkey Deduction STATUTORY GRIEVANCE PROCEDURE – Impact on CompensationClaimant employed as Practice Manager of a partnership of GPs – Appellants seek to transfer his responsibilities for staff management to his deputy – He resigns – Tribunal holds that Appellants committed a repudiatory breach of contract and … Continue reading Drs Burton, Mcevoy and Webb (A Partnership) v Curry: EAT 21 Apr 2010
The claimant appealed against the limitation of 2% placed on the uplift of his award of damages for having failed to comply with relevant dispute procedures. The tribunal had found exceptional reasons for reducing the uplift given the size of the award, and that the claim arise from a procedural failure. Held: The EAT had … Continue reading Chagger v Abbey National Plc and Another: CA 13 Nov 2009
The claimant had been found to have been unlawfully dismissed and to have suffered nationality discrimination. Each party appealed against aspects of the compensatory award including the application of the statutory uplift, and the calculation of future losses. The claimant had found alternative lucrative employment which was found to be likely to improve his career … Continue reading Wardle v Credit Agricole Corporate and Investment Bank: CA 11 May 2011
EAT EQUAL PAY ACT – Article 141/European law
PRACTICE AND PROCEDURE – Amendment
Employment Tribunal granted Claimants’ applications to amend their equal pay claims to add new comparators to their . .
EAT Unfair Dismissal : Compensation : Appeal alleged Employment Tribunal wrong in assessing compensation under s.31 Employment Act 2002 and also in applying a particular cut off date. Appeal dismissed on the . .
EAT RACE DISCRIMINATION
STATUTORY DISCIPLINE AND GRIEVANCE PROCEDURES
Impact on compensation
The Employment Tribunal decided that the employee had been unfairly dismissed because . .
EAT PRACTICE AND PROCEDURE
Bias, misconduct and procedural irregularity
Respondent constructively dismissed Appellant. The Employment Tribunal awarded . .
Tribunal procedure and practice (including UT) – statements of reasons Citations:  UKUT 10 (AAC) Links: Bailii Citing: Cited – Alloway, Regina (on The Application of) v London Borough of Bromley Admn 17-Sep-2008 The claimant, a young autistic adult, sought judicial review of an assesment carried out for the respondent under the 2000 Act as … Continue reading DC v London Borough of Ealing: UTAA 11 Jan 2010
The appellant challenged dismissal of her claim for equal pay. It had been rejected on the ground that the employer had shown a material factor justifying the difference in pay. Held: Enderby establishes that the burden of proving sex discrimination lies initially on the employee. The burden of proof in indirect discrimination cases should be … Continue reading Nelson v Carillion Services Ltd: CA 15 Apr 2003
ECJ The principle that men and women should receive equal pay, which is laid down by article 119, is one of the foundations of the community. It may be relied on before the national courts. These courts have a duty to ensure the protection of the rights which that provision vests in individuals, in particular … Continue reading Defrenne v Sabena (No 2): ECJ 8 Apr 1976
EAT STATUTORY DISCIPLINE AND GRIEVANCE PROCEDURES:IMPACT ON COMPENSATIONThe Employment Tribunal took an irrelevant consideration into account when making an uplift under s31(3) of the Employment Rights Act 2002 and reducing a basic award under s112(5) of the Employment Rights Act 1996 when it took account of the death of the employer’s wife two years before … Continue reading Drewett v Penfold: EAT 7 Dec 2009
EAT Statutory dismissal procedure. Tribunal erred in finding that there had been a failure to follow the procedure where they had considered only whether or not it had been followed prior to the date of the employers’ decision to dismiss. They should have considered whether or not it had been followed in the course of … Continue reading Fitness Solutions Scotland Ltd v Park: EAT 13 Nov 2009