Partners Liable for Dishonest Act of Solicitor A solicitor had been alleged to have acted dishonestly, having assisted in a fraudulent breach of trust by drafting certain documents. Contributions to the damages were sought from his partners. Held: The acts complained of were so close to the activities which a solicitor would normally undertake, that … Continue reading Dubai Aluminium Company Limited v Salaam and Others: HL 5 Dec 2002
The defendant appealed a summary judgement on the claimant’s claim with respect to her alleged disclosure of details Miss Campbell’s private life. The claimant sought an action for account of profits for breach of the terms of a contract of service. The defendant claimed that a violent assault by the claimant on her was a … Continue reading Campbell v Frisbee: ChD 14 Mar 2002
EAT Race Discrimination – Direct. Judges: His Hon Judge McMullen QC Citations: EAT/292/01, EAT/1024/00, [2002] UKEAT 1024 – 00 – 0803 Links: Bailii, EAT Jurisdiction: England and Wales Citing: See Als – Southwark v Afolabi EAT 8-Feb-2001 . . Cited by: Appeal from – Afolabi v Southwark London Borough Council CA 24-Jan-2003 The claimant applied … Continue reading Afolabi v Southwark: EAT 8 Mar 2002
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 Jurisdiction – Whether the Tribunal had given sufficient reasons for their finding that the claimant had been disabled. Judges: His Hon Judge Clark Citations: EAT/1043/01, [2002] UKEAT 1043 – 01 – 1510 Links: Bailii, EAT Statutes: Disability Discrimination Act 1995 Jurisdiction: England and Wales Citing: See also – Fyffes Group Ltd v Bazley EAT … Continue reading Fyffes Group Ltd v Bazley: EAT 15 Oct 2002
The applicant was an agency worker with an employment agency. Held: The end-user was under no legal obligation to pay the applicant and the applicant was under no legal obligation to work for the end-user. Control over the applicant by the end-user was explicable by virtue of the contract between the applicant and the agency, … Continue reading Stephenson v Delphi Diesel Systems Ltd: EAT 11 Nov 2002
EAT JURISDICTIONAL POINTS – 2002 Act and pre-action requirements Whether the statutory grievance procedure applies to a claim of post-termination victimisation. It does.A claim alleging victimisation in consequence of evidence contained in witness statements served in proceedings in the employment tribunal failed for immunity. Judges: Peter Clark HHJ Citations: [2010] UKEAT 0022 – 10 – … Continue reading Parmar v East Leicester Medical Practice: EAT 5 Nov 2010
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 Lindsay (P) Citations: EAT/0107/01 Links: EAT Jurisdiction: England and Wales Employment Updated: 18 July 2022; Ref: scu.255696
The claimant appealed against a decision that she had not been unfairly dismissed. She had been dismissed after complaints by a colleague, but had not been given the opportunity to examine him during the process. Held: An employer was not duty bound to allow an employee subject to a disciplinary hearing to cross examine those … Continue reading Santamera v Express Cargo Forwarding (T/A IEC Ltd): EAT 26 Nov 2002
EAT Unfair Dismissal – Jurisdiction. Judges: His Hon Judge J Burke QC Citations: [2002] UKEAT 0223 – 02 – 1211, EAT/223/02 Links: Bailii, EAT Citing: See Also – Currencies Direct Limited v Ellis CA 31-May-2002 The claimant company appealed against an order declining to order repayment of sums they claimed to be due from the … Continue reading Ellis v Currencies Direct Ltd: EAT 12 Nov 2002
Citations: [2002] UKEAT 0806 – 02 – 0611 Links: Bailii Jurisdiction: England and Wales Citing: Cited – Owusu v London Fire and Civil Defence Authority EAT 1-Mar-1995 The employee complained of his employer’s repeated failure to regrade him, and alleged discrimination. The employer said his claim was out of time. Held: Mummery J made the … Continue reading Dime v Brent, Kensington, Chelsea and Westminster Mental Health NHS Trust: EAT 6 Nov 2002
Citations: [2002] UKEAT 944 – 01 – 0802 Links: Bailii Jurisdiction: England and Wales Citing: See Also – Metanie v Pertemps Recruitment Partnership Ltd ((T/A Pertemps Industrial Contracts) EAT 11-May-2001 . . Lists of cited by and citing cases may be incomplete. Employment Updated: 14 June 2022; Ref: scu.202532
The 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
EAT Contract of Employment – Breach of ContractThe appellant had owned a company. She sold the shares to the second respondent in return for a position as a director. After dismissal she appealed several findings. Held: The tribunal deciding an issue as to jurisdiction had pre-empted the job of the tribunal of making findings as … Continue reading Hinkley v Ashtons Manufacturing Ltd, Thomas A Ashton Ltd P Crook: EAT 18 Mar 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 claimant company set out to sell land whilst it was still only in the process of incorporation. Its solicitors had signed as agents, and now sought an order for the purchaser to complete the contract. The respondent had not known of the non-incorporation of the company. The claimant later rescinded the contract, and forfeited … Continue reading Braymist Limited and Others v Wise Finance Company Limited: CA 20 Feb 2002
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
Miss Cox claimed that the Council had not made a proper adjustment so as to allow her to work for them despite her disability. The Council asserted as a preliminary point that they were not a trade organisation within the sections, and so were not caught by the provisions. They appealed a finding against them. … Continue reading General Medical Council v H Cox: EAT 22 Mar 2002
The family assets were in the region of andpound;8.5M. The wife sought a half share. The husband proposed that she should have 40%. The husband had built the family fortune through exceptional hard work and astute business acumen in the field of substantial development and construction projects. The court considered how capital and income could … Continue reading G v G (Financial Provision Equal Division): FD 2 Jul 2002
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
EAT Jurisdictional Points : Worker, Employee or Neither – The Claimant worked almost exclusively for the Respondent for many years unloading pallets of plasterboard and doing general work on site. He was a self-employed sub-contractor with a CIS card. There was no obligation on him to accept work when offered and no obligation on the … Continue reading Plastering Contractors Stanmore Ltd v Holden: EAT 7 Jul 2014
The defendants used a distorted image of the claimant, a famous racing driver, to endorse its product. He claimed damages in passing off. Held: On the facts, the famous racing driver Eddie Irvine had a property right in his goodwill which he could protect from unlicensed appropriation consisting of a false claim or suggestion of … Continue reading Irvine, Tidswell Ltd v Talksport Ltd: ChD 13 Mar 2002
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
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
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
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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 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
EAT Equal Pay Act – Out of time Equal pay claims and statutory grievance procedures. Whether claimants prevented by section 32(2) of the Employment Act 2002 from presenting complaints specifying different comparators from those (if any) specified in grievances. EAT held that Tribunals required to carry out a qualitative assessment to see if comparators in … Continue reading Highland Council v TGWU/Unison and Others: EAT 7 Dec 2007
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: 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
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 Disability Discrimination – Reasonable adjustmentsWhere a Claimant submits a grievance relating to a continuing discriminatory act, s32 Employment Act 2002, and Schedule 2 para 6 do not require him to serve a further grievance in respect of the same continuing act. The Employment Tribunal was also in error in failing to hold that the … Continue reading Smith v Network Rail Infrastructure Ltd: EAT 24 Apr 2007
EAT Practice and Procedure – Preliminary issuesThe Employment Tribunal was wrong to conclude that an ET1 could constitute a written grievance for the purpose of satisfying section 32 of the Employment Act 2002. Judges: The Honourable Mr Justice Wilkie Citations: [2007] UKEAT 0023 – 07 – 2702, UKEAT/0023/07/RN Links: Bailii, EATn Statutes: Employment Act 2002 … Continue reading Gibbs (T/A Jarlands Financial Services) v Harris: EAT 27 Feb 2007
EAT The ET dismissed as premature the Claimant”s application for disability discrimination because the application was made less than 28 days after the Claimant”s grievance had been raised in a letter dated 21st April 2005. In fact there was an earlier letter that constituted a written grievance that was before the ET but its significance … Continue reading Pugh v National Assembly for Wales: EAT 26 Sep 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
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
EAT JURISDICTIONAL POINTS – 2002 Act and pre-action requirements PRACTICE AND PROCEDURE – Amendment EQUAL PAY ACT – Case Management Equal pay claimants in their original grievances named a single comparator – In their ET1s they named further comparators, and they subsequently sought to name more by amendment – Respondents sought to strike out the … Continue reading Sefton Metropolitan Borough Council and Another v Hincks and Others: EAT 14 Jul 2011
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
There is no rule of law, to suggest that a sole director and owner of majority of shareholding, could not be an employee of that company, and be entitled to a redundancy payment on the liquidation of the company. ‘If the tribunal considers that the contract is not a sham, it is likely to wish … Continue reading Secretary of State for Trade and Industry v Bottrill: CA 12 Feb 1999
Dr M had successfully challenged her dismissal and recovered damages for unfair dismissal and race discrimination. In the interim, Her employer HA had reported the dismissal to the respondent who continued their proceedings despite the decision in her favour. The GMC now said that the availability of judicial review excluded her right to commence proceedings … Continue reading Michalak v General Medical Council and Others: SC 1 Nov 2017
Mr Leander had been refused employment at a museum located on a naval base, having been assessed as a security risk on the basis of information stored on a register maintained by State security services that had not been disclosed him. Mr Leander complained that he should have been provided with the information in question, … Continue reading Leander v Sweden: ECHR 26 Mar 1987
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 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
EAT JURISDICTIONAL POINTS- Agency relationshipsRACE DISCRIMINATIONDirectInjury to feelingsAccepted, in line with EAT authority, that common law agency principles apply to Race Relations Act s32(1). On that basis employer appeal against agency finding upheld and set aside.Injury to feelings award manifestly excessive and wrong in principle (see Vento). Award reduced from andpound;12,000 to andpound;6,000. Judges: Peter … Continue reading Ministry of Defence v Kemeh: EAT 11 Mar 2013
Four children complained that, for years before they were taken into care by the local authority, its social services department was well aware that they were living in filthy conditions and suffering ‘appalling’ neglect in the home of their parents. Suspicions of abuse had arisen in 1987, but they were given effective support only in … Continue reading Z And Others v The United Kingdom: ECHR 10 May 2001
The applicant had been born and registered as a female, but later came to receive treatment and to live as a male. He complained that the respondent had failed to amend his birth certificate. Held: The court accepted that, by failing to confer on a transsexual a right to an amended birth certificate, the state … Continue reading Rees v The United Kingdom: ECHR 17 Oct 1986
The claimant advanced funds to the respondent for him to invest in a bank of which the claimant had insider knowledge. In fact the defendant did not invest the funds, the knowledge was incorrect. The defendant however did not return the sums advanced, saying he need not return it because the contract was for an … Continue reading Patel v Mirza: SC 20 Jul 2016
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 Contract of Employment – Written particulars.Appeal against dismissal of unfair dismissal and disability discrimination claims. Judges: Lindsay J P Citations: EAT/1432/00, [2001] UKEAT 1432 – 00 – 1705, [2001] Emp LR 1285, [2001] IRLR 653 Links: EAT, Bailii Jurisdiction: England and Wales Cited by: See Also – Messrs Caesar and Howie v Cosgrove EAT … Continue reading Cosgrove v Messrs Caesar and Howie: EAT 17 May 2001
UTIAC LAW(A) There is nothing in MS (Palestinian Territories) [2010] UKSC 25 that overrules the judgments in MA (Ethiopia) [2009] EWCA Civ 289. Where a claim to recognition as a refugee depends on whether a person is being arbitrarily denied the right of return to a country as one of its nationals, that issue must … Continue reading ST (Ethnic Eritrean – Nationality – Return) Ethiopia CG: UTIAC 1 Jul 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
One way of deciding whether a person is self employed is to ask whether he can be said to be running a business of his own. Different tests may have to be combined to produce an overall answer.Cooke J said: ‘The fundamental test to be applied is this: ‘Is the person who has engaged himself … Continue reading Market Investigations v Minister of Social Security: 1969
EAT Contract of Employment – Definition of employee Judges: His Hon Judge Birtles Citations: [2003] UKEAT 0065 – 03 – 0807, EAT/65/03 Links: Bailii, EAT Jurisdiction: England and Wales Citing: See Also – Billany v Knutsford Conservative Club EAT 28-Jan-2002 . . See Also – Billany v Knutsford Conservative Club EAT 30-Apr-2002 EAT Contract of … Continue reading Billany v Knutsford Conservative Club: EAT 8 Jul 2003
EAT JURISDICTIONAL POINTS – 2002 Act and pre-action requirementsA grievance for the purposes of the now repealed section 32 Employment Act 2002 could be constituted by a letter incorporating the particulars of complaint in a previously lodged ET1 in other proceedings. Gibbs t/a Jarlands Financial Services v Harris UKEAT/0023/07 distinguished. The inclusion of other issues … Continue reading Raithatha v Leicester City Council: EAT 7 Oct 2010
EAT JURISDICTIONAL POINTS – 2002 Act and pre-action requirements EQUAL PAY ACT Equal Pay. Statutory grievance procedure (standard procedure). Where comparators in ET1 different from comparators specified in earlier grievances and some forms ET1 contained some ‘equal value’ claims by reference to comparators who were not said to do work of equal value in grievances … Continue reading West Dunbartonshire Council v Smith and Others: EAT 13 Jan 2011
EAT EQUAL PAY ACT – Equal valueJURISDICTIONAL POINTS – 2002 Act and pre-action requirementsEqual Pay. Statutory grievance procedure (standard procedure). Where comparators in ET1 were materially different from comparators specified in earlier grievances and Employment Tribunal had not carried out a qualitative exercise to assess correlation of complaints, it had erred in law in holding … Continue reading Dundee City Council v McDermott and Others: EAT 3 Nov 2010
EAT STATUTORY DISCIPLINE AND GRIEVANCE PROCEDURES – Whether applicable UNFAIR DISMISSAL – Mitigation of loss The Respondent withdrew its objection that the Claimant had not raised a grievance in accordance with Section 32 of the Employment Act 2002 [repealed as from 6 April 2009] when the Employment Judge drew its representative’s attention to the judgment … Continue reading Bloxwich Fencing Ltd v Banks: EAT 22 Apr 2010
EAT UNFAIR DISMISSAL – Reason for dismissal including substantial other reason JURISDICTIONAL POINTS – 2002 Act and pre-action requirements On remission of this unfair dismissal case, a second Tribunal found the reason for dismissal was loss of andpound;3000 in cash. But the evidence from the manager who dismissed the Claimant was that she believed she … Continue reading Celebi v Scolarest Compass Group UK and Ireland Ltd: EAT 28 Jul 2010
EAT JURISDICTIONAL POINTS – 2002 Act and pre-action requirementsThe Employment Tribunal was in error when it held that matters advanced at a hearing had been the subject matter of a grievance. Parties could not be added as Respondents to a discrimination claim unless they were identified in the grievance.It was not possible to add by … Continue reading Serco Home Affairs Ltd v Watson: EAT 10 Aug 2010
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 UNLAWFUL DEDUCTION FROM WAGESThe Claimant (who was a dentist) entered into a contract to provide dental services for the Respondent. The Employment Tribunal found that he was not an ’employee’ within the meaning of section 230(3) of the Employment Rights Act 1996 but that he was a ‘worker’ within the meaning of that provision. … Continue reading Community Dental Centres Ltd v Sultan- Darmon: EAT 12 Aug 2010
EAT DISABILITY DISCRIMINATION – Disability Employment Tribunal decision pre-dated House of Lords decision in SCA Packaging Ltd v Boyle [2009] IRLR 746, disapproving Employment Appeal Tribunal approach in Latchman [2002] ICR 1453 as to meaning of word ‘likely’ in para. 2(2)(b) of Schedule 1 to Disability Discrimination Act 1995. Appeal allowed on Latchman misdirection and … Continue reading Wigginton v Cowie and Others (T/A Baxter International (A Partnership)): EAT 18 Jun 2010
EAT Statutory grievance procedures Need for grievance to identify that complaint is one of racial discrimination – application to claims against employees as well as to claims against their employers. Citations: [2007] UKEAT 0016 – 06 – 0602, UKEAT/0016/06 Links: Bailii, EAT Statutes: Employment Act 2002 Jurisdiction: England and Wales Citing: Cited – Prakash v … Continue reading Odoemelam v Whittington Hospital NHS Trust: EAT 6 Feb 2007
EAT JURISDICTIONAL POINTS 2002 Act and pre-action requirements The Employment Judge misdirected himself on the construction of the Claimants’ grievance letters. In context, they vouched a complaint about what had happened to them after they had made an original grievance about bullying, which itself was a protected disclosure. Alternatively (if necessary) it was not a … Continue reading Goodman and Others v Members of The Executive Committee of Shropshire Unison and Others: EAT 11 Mar 2010
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 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 JURISDICTIONAL POINTS:2002 Act and Pre-Action RequirementsClaim in Time and Effective Date of TerminationExtension of Time: Reasonably PracticableThe Tribunal at a pre-hearing review erred in law in holding that the Appellant was barred by section 32(2) from bringing (1) certain complaints of racial harassment and (2) a specific complaint concerning one particular individual employee. The … Continue reading Fullerton v Interights International Centre for The Legal Protection of Human Rights: EAT 19 Feb 2010
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
The claimant journalist sought disclosure of papers acquired by the respondent in its conduct of enquiries into the charitable Mariam appeal. The Commission referred to an absolute exemption under section 32(2) of the 2000 Act, saying that the exemption continued until the papers were destroyed, or for 20 years under the 1958 Act. Held: The … Continue reading Kennedy v The Charity Commission: SC 26 Mar 2014
Loss of Confidentiality Protection – public domain A retired secret service employee sought to publish his memoirs from Australia. The British government sought to restrain publication there, and the defendants sought to report those proceedings, which would involve publication of the allegations made. The AG sought to restrain those publications. Held: A duty of confidence … Continue reading Attorney-General v Guardian Newspapers Ltd (No 2) (‘Spycatcher’): HL 13 Oct 1988
EAT Practice and ProcedureStatutory Grievance Procedure. Whether express intention to lodge grievance required. Covering all claims. Without prejudice letters. Whether solicitor may act as party’s agent. Provision of required information in ETI. EAT Practice and Procedure – Striking-out/dismissal. Judges: His Honour Judge Peter Clark Citations: UKEAT/0531/05, [2005] UKEAT 0531 – 05 – 0812 Links: Bailii, … Continue reading Mark Warner Ltd v Aspland: EAT 8 Dec 2005
EAT STATUTORY DISCIPLINE AND GRIEVANCE PROCEDURESWhether applicableWhether claims for redundancy payment, holiday pay and unpaid wages are justiciable in the Employment Tribunal without complying with the statutory grievance procedure. They are; the first two claims are excluded from the statutory grievance procedure by reg. 6(5) 2004 D.R. Regs; the unpaid wages (and pay in lieu … Continue reading Allen and Others v Murdoch: EAT 9 Oct 2009
EAT EQUAL PAY ACT: Case ManagementJURISDICTIONAL POINTS: 2002 Act and pre-action requirementsEqual pay claims. Statutory grievance procedures. Claimants conceding that respondents did not require to raise the issue of their compliance with section 32(2) to (4) of the Employment Act 2002 in their form ET3 at the stage of entering appearance but contending that they … Continue reading Glasgow City Council v Stefan Cross Claimants and Others: EAT 17 Jun 2009
Acting on guidance, the parties representatives and the tribunal had assumed that part of the award relating to loss of future earnings would not be taxable. The question now was whether the tribunal had power of its own motion to review its decision. Held: ‘There is a difference between saying that a case to which … Continue reading Williams v Ferrosan Ltd: EAT 5 Mar 2004
EAT Jurisdictional Points: 2002 Act and pre-action requirements Age Discrimination Appeal allowed in part. Claim for unfair dismissal on grounds of age discrimination does not require prior submission of grievance under S32(2) Employment Act 2002. Judges: Serota QC J Citations: UKEAT/0181/07/LA, [2007] UKEAT 0181 – 07 – 1105 Links: EAT, Bailii Employment, Discrimination Updated: 24 … Continue reading Mackay v Hanna (T/A Blakes Newsagents): EAT 11 May 2007
EAT STATUTORY DISCIPLINE AND GRIEVANCE PROCEDURES Whether infringed The employment judge held that the two claimants had complied with the statutory grievance procedures and that the Tribunal had jurisdiction to hear their claims for constructive unfair dismissal. He did so, however, in part by treating an ET1 as constituting a grievance. That was contrary to … Continue reading Step In Time Ltd v Fox and Another: EAT 3 Nov 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 UNLAWFUL DEDUCTION FROM WAGESSTATUTORY DISCIPLINE AND GRIEVANCE PROCEDURESWhether applicable Impact on compensationThe employee was suspended without pay when dismissed for refusing to work on Mondays when he was contractually obliged to do so. The employer appealed against the award as an unlawful deduction of wages during the suspension without pay. Held that the Employment … Continue reading Wilf Gilbert (Staffs) Ltd v Bunn: EAT 17 Jun 2008
EAT UNFAIR DISMISSAL: Constructive dismissal The Employment Tribunal held the employee had not been constructively dismissed. One of the complaints related to defects in the handling of the grievance procedure. The Tribunal held that they considered that the employers had acted unreasonably, but that applying the principle adopted in Abbey National plc v Fairbrother [2007] … Continue reading Claridge v Daler Rowney Ltd: EAT 4 Jul 2008
EAT Equal Pay Act – Out of time Equal pay claims and statutory grievance procedures. Whether claimants prevented by section 32(2) of the Employment Act 2002 from presenting complaints specifying different comparators from those (if any) specified in grievances. EAT held that Tribunals required to carry out a qualitative assessment to see if comparators in … Continue reading Highland Council v TGWU Unison First and others: EAT 18 Dec 2007
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
EAT Disability discrimination: Less favourable treatment / Harassment Practice and Procedure: Application/claim / Amendment The Tribunal applied wrong tests in respect of disability related discrimination. On the application of the right tests, based on the Tribunal’s findings of fact, its conclusions were clearly correct in respect of two claims, but three claims were remitted to … Continue reading A Blitz v Equant Integration Services Ltd (T/A Orange Business Services): EAT 2 Nov 2007
EAT PRACTICE AND PROCEDURE: ReviewJURISDICTIONAL POINTS: 2002 Act and pre-action requirementsThe Tribunal held (a) that Appellant’s unfair dismissal claim was out of time and (b) that she had not previously lodged a grievance relating to her disability discrimination claim, so that the Tribunal had no jurisdiction by virtue of s.32 of the Employment Act 2002. … Continue reading Sadare v London Borough of Lambeth: EAT 6 Apr 2009
The EAT upheld the view of an ET that a resignation letter giving notice of termination was a sufficient compliance with the requirement to set out the grievance in writing. If an employee had raised a grievance about alleged misbehaviour by the employer, it would usually at least be quite unnecessary to raise a further … Continue reading Galaxy Showers Ltd v Wilson: EAT 10 Nov 2005
EAT Unfair dismissal – Procedural fairness/automatically unfair dismissal The Employment Tribunal found as a fact that employee was not provided with the Employment Act 2002 Schedule 2 Part 1 Step 2 information but went on to hold that s.98A ERA 1996 was not applicable. Judges: His Honour Judge Birtles Citations: [2007] UKEAT 0032 – 07 … Continue reading Bowen v Millbank Estate Management Organisation: EAT 23 Mar 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 – Amendment / 2002 Act and Pre-action RequirementsWhere a claim form is issued prematurely by reason of failure to comply with Section 32(2) of the Employment Act 2002 an Employment Tribunal has jurisdiction to permit the claim form to be amended when the relevant time limit had expired provided it contains … Continue reading Mackay v Hanna (T/A Blakes Newsagents): EAT 20 Jun 2007
EAT Practice and Procedure – 2002 Act and pre-action requirements – ET said to have no jurisdiction because ET1 issued less than 28 days after a grievance had been submitted. However, S32(6) saved the decision they reached: nothing was obvious from the papers nor drawn to the Tribunal’s attention which meant they could have realised … Continue reading Chickerova v Holovachuk: EAT 21 Feb 2007
The EOC contended amongst other things that section 4A(1)(a) of the Sex Discrimination Act 1975 did not fulfil its intended purpose, which was to transpose into English law provisions contained in the Equal Treatment Directive 2002/73/EC. Held: The use in section 4A(1)(a) of the expression ‘on ground of her sex’ introduced a requirement of cause … Continue reading Equal Opportunities Commission v Secretary of State for Trade and Industry: Admn 12 Mar 2007
The claimant had been employed driving a mobile library. She came to suffer back problems, and was dismissed when the respondent said that she could not work within a library without the ability to lift, after she turned down a move to a different department. The EAT had found to be perverse the ET’s conclusion … Continue reading Hay v Surrey County Council: CA 16 Feb 2007
The bank had sought summary dismissal of a claim for non-payment of bonuses to the claimant a former employee, and now appealed refusal of its request for summary dismissal, saying that the claim had no prospect of success. The claimant said that though the payments were discretionary, it was an implied term that the bank … Continue reading Commerzbank Ag v Keen: CA 17 Nov 2006
EAT The Claimant was a serving Police Constable. He was dismissed for disciplinary reasons after a hearing before the Police Disciplinary Board which ordered his dismissal. He appealed to the Chief Constable who upheld the decision of the Police Disciplinary Board. The Claimant then began proceedings in the Employment Tribunal asserting that he had been … Continue reading Lake v British Transport Police: EAT 8 Sep 2006
EAT The Claimant was employed on a fixed term contract. During the terms of the contract he was dismissed for misconduct and made an application to the Employment Tribunal (ET) claiming unfair dismissal. He appealed but the appeal was heard after the date when the contract would have expired by effluxion of time. The appeal … Continue reading Prakash v Wolverhampton City Council: EAT 1 Sep 2006
