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
Parties to litigation had made without prejudice disclosures. One party sought to give evidence contradicting the dsclosure, and the other now applied for leave to amend based upon the without prejudice statements to be admitted to demonstrate the perjury. Held: The court had to balance the competing needs of fairness and expedition. There was nothing … Continue reading Savings and Investment Bank Ltd (In Liquidation) v Fincken: CA 14 Nov 2003
The High Court can transfer proceedings wrongly started in High Court to the County Court as an alternative to its jurisdiction to strike out the claim. Stuart-Smith LJ said: ‘. . provided proceedings are started within the time permitted by the statute of limitations, are not frivolous, vexatious or an abuse of the process of … Continue reading Restick v Crickmore: CA 3 Dec 1993
EAT PRACTICE AND PROCEDURECase managementOn remission to the Employment Tribunal by the EAT, a CMD set out the issues to be heard. The full range of the Claimant’s 12 strands of discrimination was not to be determined but only considered as background to two claims. There was no appeal against that agreed order so the … Continue reading Johnson v Edwardian International Hotels Limited: EAT 23 Jul 2009
EAT The company decided to close two branches and make redundancies. They presented the closure itself as a fait accompli to the union representatives. The Tribunal found that this involved a failure to consult about ways of avoiding redundancies because the decision to close had been determined prior to any meeting with the union. Held: … Continue reading Securicor Omega Express Ltd v GMB (A Trade Union): EAT 7 Apr 2003
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
Practice and Procedure – There is no reasonable prospect of success in an appeal against refusal to exercise discretion to extend time for an appeal under Rule 21 (1) and 37 (1) when it is common ground that UAE and Aziz principles apply and no explanation was given for solicitors’ failure, a fortiori in an … Continue reading Khan v Royal Mail Group Plc: EAT 30 Sep 2004
The application proceeded against one named respondent. Even though the true identity of the intended defendant was known throughout, no application to substitute the correct defendant was made. An unfair diamissal was found, but not as against the named defendant, the triunal refused an application to substitute the correct defendant and the claim was lost. … Continue reading Linbourne v B R Constable (Gatwick Moat House): EAT 9 Feb 1993
Application for leave to appeal. Citations: Unreported, 3 March 1994 Jurisdiction: England and Wales Citing: Approved – Schmidt v Austick’s Bookshops EAT 1977 The bookshop company’s employment rules prohibited trousers for female workers, a dress code which was upheld by the Tribunal. Held: There was no detriment. As there was no comparable restriction for men … Continue reading Burrett v West Birmingham Health Authority: CA 3 Mar 1994
Three appeals raised issues about the way in which sex discrimination laws were to be applied for cases involving sexual orientation. Held: The court should start by asking what gave rise to the act complained of. In this case it was the sexual orientation of the first claimant. Discrimination for sexual orientation does not come … Continue reading MacDonald v Advocate General for Scotland (Scotland); Pearce v Governing Body of Mayfield School: HL 19 Jun 2003
EAT Procedural Issues – Employment Appeal Tribunal. Citations: [2003] EAT 1281 – 02 – 2502, [2003] UKEAT 1281 – 02 – 2502, PA/1281/02 Links: Bailii, Bailii, EATn Citing: Cited – Mock v Inland Revenue EAT 1-Mar-1999 In the context of the time for appealing to the EAT under Rule 3(3) EAT Rules 1993, as amended, … Continue reading Kanapathiar v London Borough of Harrow: EAT 25 Feb 2003
EAT Practice and Procedure – Time for appealing Judges: The Honourable Mr Justice Burton (P) Citations: PA/207/03, [2003] EAT 0207 – 03 – 2506, [2003] UKEAT 0207 – 03 – 2506, [2004] ICR 55, [2004] IRLR 185 Links: Bailii, Bailii, EATn Citing: Cited – Mock v Inland Revenue EAT 1-Mar-1999 In the context of the … Continue reading Sian v Abbey National Plc: EAT 25 Jun 2003
The claimant sought damages from his wife for personal injuries. He had been late beginning the claim, and it was served without particulars. He then failed to serve the particulars within 14 days. Totty and then Sayers had clarified the procedure for applications for extension of time. Held: The lower courts had failed to apply … Continue reading Price v Price (Trading As Poppyland Headware): CA 26 Jun 2003
EAT Unfair Dismissal – CompensationIn each case, The employee sought additional damages for non-economic loss after an unfair dismissal. Held: The Act could be compared with the Discrimination Acts which explicitly awarded damages for hurt feelings. Clear authority lay against such awards in unfair dismissal cases. An Employment Tribunal considering a claim for damages for … Continue reading Dunnachie v Kingston Upon Hull City Council; Williams v Southampton Institute; Dawson v Stonham Housing Association: EAT 8 Apr 2003
The applicant was a senior officer seconded to the National Crime Squad. He complained that his secondment had been terminated in a manner which was unfair, and left him tainted without opportunity to reply. He appealed against rejection of his request for judicial review. Held: The appeal failed. Operational matters within the police service, save … Continue reading Regina (Tucker) v Director General of the National Crime Squad: CA 17 Jan 2003
Female nurses had to wear a cap whereas male nurses did not, though male nurses had to wear a tunic with epaulettes. They claimed discrimination. Held: A requirement for female to wear a nurse’s cap where no similar rule applied for men, was not discriminatory. The fact that one feature of the female nurses’ uniform … Continue reading Burrett v West Birmingham Health Authority: EAT 6 Dec 1993
The claimants sought to challenge the legislation which removed their employment rights upon attaining the age of 65, arguing that this was discriminatory against men. The Secretary of State appealed the tribunal’s decision. Held: The tribunal had selected the wrong set of comparators. In cases where the issue related to the entitlement to redundancy payments … Continue reading Secretary of State for Trade and Industry v Rutherford and Another; Same v Bentley: EAT 2 Oct 2003
Doctors working in primary health care teams are subject to the Working Time Directive. They are not to be assimilated as public service workers alongside emergency services. All time on call was working time and overtime if present at a health centre, but if merely contactable then the rules applied to the time actually spent. … Continue reading Sindicato de Medicos de Asistancia Publica (SIMAP) v Colsilieria de Sanidad y Consumo de la Generalidad Valenciana: ECJ 3 Oct 2000
The appellant, a part time recorder challenged his exclusion from pension arrangements. Held: The appeal was allowed. No objective justification has been shown for departing from the basic principle of remunerating part-timers pro rata temporis. ‘The reality is that recorders are expected to observe the terms and conditions of their appointment, and that they may … Continue reading O’Brien v Ministry of Justice: SC 6 Feb 2013
PRACTICE AND PROCEDURE – Time for appealing Rule 39(1) of the Employment Appeal Tribunal Rules 1993 (‘the Rules’) is not relevant to the process of deciding whether an appeal has been lodged in time pursuant to Rule 37(1) of the Rules because the appeal process does not start until an appeal is properly instituted and … Continue reading J v K and Another (Practice and Procedure: Time for Appealing): EAT 10 May 2017
EAT Practice and Procedure: Costs – Costs before the Employment Appeal Tribunal – Rules 34A(1) and 34A(2A) Employment Appeal Tribunal Rules 1993 (as amended) Although the Appellant had been partly successful on its appeal, its conduct of the appeal had been such that no award would be made on its application under Rule 34A(2A) EAT … Continue reading Faithorn Farrell Timms Llp v Bailey: EAT 23 Nov 2016
EAT Appeal from Registrar’s Order – whether the appeal was in time The appeal raised two questions: (1) Whether the Employment Tribunal’s re-issue of the Judgment under a certificate of correction meant that time began to run from the when the re-issued Judgment was sent out? If so, the appeal had been served in time. … Continue reading Majekodunmi v City Facilities Management Uk Ltd and Others (Practice and Procedure: Time for Appealing): EAT 25 Sep 2015
A statement made by a politician as to his intentions on a particular matter if elected could not create a legitimate expectation as regards the delivery of the promise after elected, even where the promise would directly affect individuals, and the costs of a child’s education. Any consequences of a failure to keep a promise … Continue reading Regina v Department of Education and Employment ex parte Begbie: CA 20 Aug 1999
Ms Gillick had made an application based on sex discrimination in the first place against an agency which had contracted out her services to various divisions of BP Chemicals Ltd. The Respondents were the Company which had done that and in their Notice of Appearance they disputed that there had been an employment relationship between … Continue reading Gillick v BP Chemicals: EAT 1993
The bank challenged measures taken by HM Treasury to restrict access to the United Kingdom’s financial markets by a major Iranian commercial bank, Bank Mellat, on the account of its alleged connection with Iran’s nuclear weapons and ballistic missile programmes. The bank sought to have the direction given under section 7 of the 2008 Act. … Continue reading Bank Mellat v Her Majesty’s Treasury (No 2): SC 19 Jun 2013
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 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
bas_thomasEAT199303 The court had given one judgment dismissing the employer’s appeal against a finding that the employee had not unreasonably refused a new position and was accordingly redudant. Before the order was drawn up a further point of law was raied and the court sat again to consider it. It now asked: ‘whether the criterion … Continue reading Bass Leisure Ltd v Thomas: EAT 22 Mar 1993
EAT Practice and Procedure : Costs – Abusive and threatening e-correspondence accompanied an application to an Employment Tribunal for unpaid wages, where the basis for claiming underpayment was never clearly set out, and when the matter was heard evidence as to how the employer had calculated payments was not challenged, although assertions were made by … Continue reading Dunn v Estee Lauder Cosmetics Ltd: EAT 2 Dec 2013
Sympathetic construction of national legislation LMA OVIEDO sought a declaration that the contracts setting up Commercial International were void (a nullity) since they had been drawn up in order to defraud creditors. Commercial International relied on an EC Directive designed to protect companies and third parties from the adverse effects of the doctrine of nullity. … Continue reading Marleasing SA v La Comercial Internacional de Alimentacion SA: ECJ 13 Nov 1990
The claimant pursued Employment Tribunal proceedings against the Immigration Service when his security clearance was withdrawn. The Tribunal allowed the respondent to use a closed material procedure under which it was provided with evidence unseen . .
EAT PRACTICE AND PROCEDURE APPELLATE JURISDICTION Observations on hearing of a fresh Notice of Appeal in EAT R3(8). Requirement only for a second Notice; however (a) lodging a second Notice setting out the same or similar grounds to the original Notice is liable to be rejected as an abuse of process and (b) only one … Continue reading Plank v Atkins Ltd: EAT 20 Jan 2010
Entitlement to oral hearing Citations: [2018] UKEAT 0315 – 17 – 2103 Links: Bailii Statutes: Employment Appeal Tribunal Rules 1993 3(10) Jurisdiction: England and Wales Cited by: See Also – Lema v DHL Supply Chain Ltd EAT 28-Aug-2018 . . Lists of cited by and citing cases may be incomplete. Employment Updated: 14 July 2022; … Continue reading Lema v DHL Supply Chain Ltd: EAT 21 Mar 2018
EAT The two appeals raised questions as to (i) whether the Chairman of an employment tribunal had misdirected herself in relation to an application to amend an originating application, and (ii) as to the jurisdiction of an employment tribunal under The Employment Tribunals (Constitutions and Rules of Procedure) Regulations 2004 to review its own previous … Continue reading Onwuka v Spherion Technology UK Ltd and others: EAT 26 Nov 2004
At a preliminary hearing, when the respondent failed to appear, the tribunal decided that it had jurisdiction to hear a case brought by the claimant against the respondent despite the 1978 Act. The respondent sought to appeal out of time. Held: The Appeal Tribunal should pay regard also decisions on the procedure and practice of … Continue reading United Arab Emirates v Abdelghafar and others: EAT 29 Jul 1994
The tribunal was asked as to the date from which time started to run for the purposes of calculating the 42-day period within which an appeal should have been brought from a decision of an Employment Tribunal, if it was to be brought at all. Held: Morison J said that Section 7 of the Interpretation … Continue reading London Borough of Hammersmith and Fulham v Ladejobi: EAT 1 Nov 1998
In the context of the time for appealing to the EAT under Rule 3(3) EAT Rules 1993, as amended, ‘sent’ referred to the date appearing on the ET ‘decision’.Morison P said: ‘Industrial Tribunal chairmen are required to produce reasons. When reduced to writing, it is the responsibility of the clerk to transmit those reasons to … Continue reading Mock v Inland Revenue: EAT 1 Mar 1999
EAT Practice and Procedure : Transfer/Hearing Together – Time for appealing Appeal from Registrar: the time limited by rule 3(3) of the Employment Appeal Tribunal Rules 1993 (‘the EAT Rules’) for serving the documents necessary for the proper institution of an appeal, as provided for by rule 3(3)(1)(a)-(c) of the EAT Rules, started to run … Continue reading Carroll v The Mayor’s Office for Policing and Crime: EAT 9 Feb 2015
Complaint was made within time limit when the decision complained of was a reconsideration of an earlier decision, not just a reference back to it. Held: In a sex discrimination case, where there has been a constructive dismissal, time runs from the date of the employer’s breach and not from the date of the employee’s … Continue reading Cast v Croydon College: CA 19 Mar 1998
The applicant appealed against a refusal of the EAT to award him the costs of his appeal. Citations: [2009] EWCA Civ 796 Links: Bailii Statutes: Employment Appeal Tribunal Rules 1993 Jurisdiction: England and Wales Employment, Costs Updated: 27 November 2022; Ref: scu.361446
The Tribunal refused to grant extensions of time: (1) by one day for a party’s notification under Rule 3(10) of the EAT Rules 1993 of dissatisfaction with a decision under Rule 3(7), where there was no clear and acceptable explanation for the delay; and (2) by 219 days for the lodging of a Notice of … Continue reading Griffiths and Another v Cetin (Practice and Procedure): EAT 1 Apr 2021
The claimant had claimed race discrimination. The tribunal declined to order the issue of witness summonses. The EAT overturned that decision on the basis that the tribunal had not recognised that it had a discretion to issue the summonses, and had therefore failed to exercise it, and remitted the case for rehearing. The employer appealed. … Continue reading Noorani v Merseyside TEC Limited: CA 19 Oct 1998
PRACTICE AND PROCEDURE – appearance/striking-out The Claimant was represented by her husband, who is not legally qualified. They attended and participated in a Preliminary Hearing, at which an ET considered whether the Claimant’s claims had no, or little reasonable prospect of success, and allowed them to proceed without making a deposit order. The Claimant was … Continue reading Dimitriu v Testerworld Ltd (T/A De Pharmaceutical) (Practice and Procedure – Appearance/Striking-Out): EAT 16 Jan 2020
The applicant sought leave to appeal against a decision disallowing his complaint at his claim for race discrimination being struck out as scandalous, frivolous or vexatious. He said that the Tribunal had dismissed his claim without giving him opportunity to present the facts on which it was based. Held: Given the decision on Roffey, the … Continue reading Balamoody v United Kingdom Central Council for Nursing: CA 14 May 2001
Refusal of EAT to review own decision is not a final order disposing of proceedings. Citations: Times 10-Dec-1996 Statutes: Employment Appeal Tribunal Rules 1993 (1993 No 2854) Jurisdiction: England and Wales Employment Updated: 04 November 2022; Ref: scu.84680
The claimant had been dismissed for gross misconduct. As a teacher he had drunk alcohol at school, and taken a bottle of wine. His complaint of unfair dismissal had been dismissed, and he appealed that decision, saying the school had departed from proper procedures, that the panels had been chosen in contravention of procedures, and … Continue reading Atkin v The Grove Primary School and Another: EAT 15 Nov 2001
EAT Deposit ordered. Order lost in post due to the Claimant putting wrong post-code on ET1. Review. Distinguishing Judgments from Orders. Strike-out. Extending time. Judges: His Honour Peter Clark Citations: [2005] UKEAT 0318 – 05 – 2907, UKEAT/0319/05/TM, UKEAT/0318/05/TM, [2005] ICR 1647, UKEAT/0320/05/TM, [2005] IRLR 836 Links: Bailii, EATn Statutes: Employment Tribunal Rules 2004 20(1) … Continue reading Sodexho Ltd v Gibbons: EAT 14 Jul 2005
The time limits for lodging appeals against Employment tribunal rulings are strict. The date of promulgation is the operative date from which the date sent is to be calculated. The rules set aside the normal rules on interpretation as to when a document might be deemed to arrive. Judges: Morrison P Citations: Gazette 02-Sep-1999, [1999] … Continue reading Hammersmith and Fulham London Borough Council v Ladejobi: EAT 2 Sep 1999
EAT Whether Notice of Appeal out of timeExtension of timeNotice of Appeal sent by Appellant’s representatives to an e-mail address of the EAT and that e-mail address had ‘successful delivery’ of the e-mail from the Appellant’s representatives. It matters not whether the e-mail from the Appellant’s representatives appeared in any ‘In-box’ in the EAT’s system; … Continue reading Patel v South Tyneside Council and Others: EAT 28 Nov 2011
This appeal concerns the directly effective right of police officers under EU law to have the principle of equal treatment applied to them. The question raised is whether the enforcement of that right by means of proceedings in the Employment Tribunal is barred by the principle of judicial immunity, where the allegedly discriminatory conduct is … Continue reading P v Commissioner of Police of The Metropolis: SC 25 Oct 2017
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
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
Compensation for non-economic loss brought about by the manner of an unfair dismissal is, on authority and on principle, recoverable. The award of such compensation by the employment tribunal in the present case was not excessive and was adequately explained. The court could look to parliamentary reports to identify the mischief sought to be rectified, … Continue reading Dunnachie v Kingston Upon Hull City Council: CA 11 Feb 2004
An industrial tribunal hearing conducted behind the locked doors of the chairman’s office was not held in public, even if, in fact, no member of the public was prevented from attending. The obligation to sit in public was fundamental, and the tribunal had no jurisdiction to conduct itself in this way. The industrial tribunal system … Continue reading Storer v British Gas plc: CA 25 Feb 2000
The claimant alleged unfair dismissal. The respondent failed to enter a response within the period required, and was refused an extension of time. It appealed that refusal, saying the tribunal had failed to allow for the factors enumerated in the Kwik Save case. The respondent claimed those guidelines had been superceded by the newer rules. … Continue reading The Polygon Corporation v Tregunna: EAT 14 Nov 2001
EAT Unfair Dismissal – Polkey deductionAppeal on basis that Chairman failed to consider whether a Polkey deduction was appropriate in a failure to consult redundancy unfair dismissal. Respondent had been debarred from taking part after late ET3 and Rule 9 decision. Need for care by Tribunals in such circumstances. Appeal on this ground successful. Other … Continue reading NSM Music Ltd v Leefe: EAT 20 Jun 2006
The club regulated greyhound racing. The claimant had complained that its disciplinary proceedings had been conducted unfairly. He said that a panel member had an interest as veterinary surgeon in the proceedings at the stadium at which the alleged offence occurred. Held: The appeal by the club succeeded. No bias whether real or apparent had … Continue reading Flaherty v National Greyhound Racing Club Ltd: CA 14 Sep 2005
The claimant was a director of the employer’s company. He claimed that the relationship of trust and confidence with the company had been undermined so far as to be a repudiatory breach of the contract. Before his complaint of unfair dismissal, he wrote without prejudice to the employers offering to stay a full time employee … Continue reading Independent Research Services Ltd v Catterall: EAT 26 Jun 1992
The claimant had been ordered to pay a deposit as a condition of being allowed to proceed with the claim which the tribunal had judged to have no reasonable prospect of success. The claim was struck out after the tribunal had been wrongly told that the deposits had not been paid. The strike out was … Continue reading Immigration Advisory Services v Oommen: EAT 19 Mar 1997
The respondents appealed against a finding of unlawful sex discrimination. The claimant had been seeking psychotherapy, and the defendant sought discovery of her therapy history. Held: The notes may have been relevant, and an order should have been made for their disclosure. Citations: [1997] UKEAT 220 – 97 – 1802 Links: Bailii Statutes: Employment Appeal … Continue reading A v B and Another: EAT 18 Feb 1997
Mrs Nolan had been employed at a US airbase. When it closed, and she was made redundant, she complained that the appellant had not consulted properly on the redundancies. The US denied that it had responsibility to consult, and now appealed. Held: The appeal failed (Lord Carnworth dissenting). That the exact situation might not have … Continue reading The United States of America v Nolan: SC 21 Oct 2015
Preliminary appeal against order for payment by claimant of respondent’s costs of the hearing before the Emloyment Tribunal. Held: The appeal could go ahead. Judges: Charles J Citations: [1999] UKEAT 220 – 99 – 0207 Links: Bailii Statutes: Industrial Tribunals (Constitution and Rules of Procedure) Regulations 1993 Jurisdiction: England and Wales Cited by: See Also … Continue reading Ghosh v London Borough of Tower Hamlets: EAT 2 Jul 1999
The appellant wished to pursue an appeal against the striking out of his claim, and objected that contrary to the Rules, a member of the board who had heard the pre-hearing review had also sat on the full hearing. Held: The appeal should be allowed to go ahead. Judges: Charles J Citations: [1999] UKEAT 1170 … Continue reading Lawal v Northern Spirit Ltd: EAT 15 Feb 1999
The applicant objected that one of the lay members of the Appeal Tribunal had, on other occasions, sat with a recorder who, as counsel, was appearing for a party in that appeal. Held: There was no real possibility of bias from this scenario. The tribunal had to be independent and impartial, but mere generalised allegations … Continue reading Lawal v Northern Spirit Ltd: EAT 6 Oct 1999
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 had had mixed success in claims for race discrimination, but appealed orders to pay to the costs of the respondents. She claimed to be impecunious and that that should have been taken into account before deciding whether a costs order should be made against her. Should a costs sanction be available to restrain … Continue reading Dr I Kovacs v Queen Mary and Westfield College and Another: CA 22 Mar 2002
The applicant had, in earlier proceedings before the Employment Tribunal, withdrawn issues she had raised. She now sought to pursue them, and the respondent asserted that she was estopped from doing so, and that the matter was res judicata. The chairman, having received a letter withdrawing the case, had entered the decision without hearing from … Continue reading Rothschild Asset Management Limited v Ako: CA 1 Mar 2002
Grounds for extending time to appeal from Employment Tribunal Citations: [2018] EWCA Civ 2285 Links: Bailii Statutes: Employment Appeal Tribunal Rules 1993 Jurisdiction: England and Wales Employment Updated: 05 June 2022; Ref: scu.625949
The council sought to make redundancies because of its financial circumstances following re-organisation. The employees said the consultation procedure had been a sham. Held: Fair consultation involves giving the body consulted a fair and proper opportunity to understand fully the matters about which it is being consulted, and to express its views on those subjects, … Continue reading Middlesbrough Borough Council v TGWU Unison: EAT 4 May 2001
The claimant sought damages from the respondents. The case was listed to be heard over 25 days, but she sought an adjournment because of her own ill health. She appealed a refusal of the adjournment. The adjournment was refused on several grounds, including the great age of the action, and the need for a speedy … Continue reading C Maloney v London Borough of Hammersmith and Fulham; C Whatford; Governing Body of Hammersmith School and D A Williams: CA 7 May 1999
The claimant had brought and lost an action relating to his dismissal by the defendant, who now appealed against an order that he was not estopped from bring a second claim on a different basis namely race discrimination, disapplying the rule in Henderson. Held: The Council’s appeal succeeded. The rule in Henderson should have been … Continue reading Divine-Bortey v London Borough of Brent: CA 14 May 1998
‘Employment’ in context of a sex discrimination claim referred to a current employment contract even in context of there having been a series of repeated contracts of employment. The question was referred to the European Court of Justice. Judges: Lord Slynn of Hadley, Lord Goff of Chieveley Lord Nolan Lord Hope of Craighead Lord Clyde … Continue reading Preston and Others v Wolverhampton Healthcare NHS and Others; Fletcher and Others v Midland Bank Plc: HL 26 Feb 1998
An appellate court whose jurisdiction is limited to matters of law can only interfere where there has been a breach of well-established legal principles such as failing to take account of relevant factors. When considering barring a party for late filing of a document, the absence of a good reason for a response not being … Continue reading Kwik Save Stores Ltd v Swain: EAT 1997
The claimant asserted the appearance of prejudice in the tribunal which had heard his claim. Held: The claim was unfounded. Courts should acknowledge that there was always a risk of causing suspicion if untoward remarks were made, and a court should be careful. Nevertheless, the appeal was dismissed. EAT Procedural Issues – Employment Tribunal. Judges: … Continue reading Deman v Victoria University of Manchester: EAT 28 Sep 1998
An employment tribunal had no power to dismiss a claim as without a reasonable prospect of success before it was begun to be heard. The power to regulate its own hearings did not include such a power, and the power to dismiss a claim as frivolous or vexatious, or for failure to comply with directions … Continue reading Care First Partnership Ltd v Roffey and Others: CA 22 Nov 2000
The bookshop company’s employment rules prohibited trousers for female workers, a dress code which was upheld by the Tribunal. Held: There was no detriment. As there was no comparable restriction for men it was not possible to say that women were treated less favourably than men. Phillips J said: ‘if one considers the situation of … Continue reading Schmidt v Austick’s Bookshops: EAT 1977
The rules required a notice to be sent not less than 14 days before a date fixed for a hearing. Held: The word ‘send’ in Rule 5 refers to the date when the notice is received or deemed to have been received under the Interpretation Act. In so concluding, it relied upon section 7 of … Continue reading Derrybaa Ltd v Castro Blanco: EAT 1986
The Appellant employee had applied for leave to amend his first application by substituting the name of the parent company. The Tribunal held that the rules of procedure relating to time limits went to their jurisdiction and that the amended application would be allowed but would bear the date of the amendment and would accordingly … Continue reading Cocking v Sandhurst (Stationers) Ltd: NIRC 1974
The claimant, a charity assisting immigrants and asylum seekers, challenged a policy document regulating the access to the court of failed applicants facing removal. They said that the new policy, reducing the opportunity to appeal to 72 hours or less, made ineffective any right for judicial review. Held: The request was granted, and the 2010 … Continue reading Medical Justice, Regina (on The Application of) v Secretary of State for The Home Department: Admn 26 Jul 2010
EAT Practice and Procedure: Costs – The Claimant succeeded in the majority although not all of his claims. It was necessary for him to pursue his appeals. Fees of andpound;2,400 had been incurred. Portnykh v Nomura International Plc UKEAT/0448/13 and Look Ahead Housing v Chetty [2015] ICR 375 considered. The way in which the Claimant … Continue reading Colletti v Borealis Driver Services Ltd: EAT 18 May 2016
EAT Practice and Procedure: Costs – The Claimant succeeded in the majority although not all of his claims. It was necessary for him to pursue his appeals. Fees of andpound;2,400 had been incurred. Portnykh v Nomura International Plc UKEAT/0448/13 and Look Ahead Housing v Chetty [2015] ICR 375 considered. The way in which the Claimant … Continue reading Colletti v Alcaline UK Ltd and Another: EAT 18 May 2016
Mr Recorder Langstaff QC [2001] UKEAT 1371 – 00 – 2510, EAT/1371/00, [2002] ICR 264 Bailii, EATn England and Wales Citing: See Also – Scotford v Smithkline Beecham EAT 5-Dec-2000 EAT Procedural Issues – Employment Tribunal . . Cited – Mock v Inland Revenue EAT 1-Mar-1999 In the context of the time for appealing to … Continue reading Scotford v Smithkline Beecham: EAT 25 Oct 2001
The claimant appealed against orders striking out his complaint of unlawful racial discrimination. He had owned a nursing home regulated by the respondent authority. A senior white employee had broken regulations regarding safekeeping of drugs, but he as owner had been prosecuted and struck off. She had not. The home registration was then cancelled. He … Continue reading Balamoody v Manchester Health Authority: EAT 2 Mar 1999
COURT (PLENARY) The complainant asserted that his telephone conversation had been tapped on the authority of a warrant signed by the Secretary of State, but that there was no system to supervise such warrants, and that it was not therefore in ‘accordance with law’. The taps were based on a non-binding and unpublished directive from … Continue reading Malone v The United Kingdom: ECHR 2 Aug 1984
EAT Unfair Dismissal : Reason for Dismissal Including Substantial Other Reason – Having made findings of fact relevant to the wrongful dismissal case before her, the Employment Judge drew on those findings in determining the unfair dismissal claim. In so doing, she substituted her own view as to whether the Claimant was guilty of the … Continue reading Mears Ltd v Brockman: EAT 24 Nov 2014
EAT Practice and Procedure Langstaff P J [2014] UKEAT 1502 – 13 – 2406 Bailii Rules of the Employment Appeal Tribunal 1993 3(1)(c) England and Wales Employment Updated: 21 December 2021; Ref: scu.536681
EAT Transfer of Undertakings : Transfer – PRACTICE AND PROCEDURE Appellate jurisdiction/reasons/Burns-Barke Costs Transfer of Undertakings (Protection of Employment) Regulations 2006 – interplay between reg 3(3)(a)(i) ‘organised grouping of employees’ and question of assignment for purposes reg 4 TUPE Service provision change of purpose of reg 3(1)(b) having been conceded, the Employment Judge was required … Continue reading Costain Ltd v Armitage: EAT 2 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
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 claimant’s husband had been lost from the defendant’s ship at sea. The defendant had contracted to pay compensation unless the loss was by suicide. They so determined. The court was now asked whether that was a permissible conclusion in the circumstances: ‘This case raises two inter-linked questions of principle, one general and one particular. … Continue reading Braganza v BP Shipping Ltd: SC 18 Mar 2015
The claimant firm of solicitors sought an order requiring the defendant to amend her employment tribunal claim so as to accord with the partnership agreement to which she was party, and to submit to arbitration. The defendant said that statutory provisions said that her freedom to go to court could not be ousted, and that … Continue reading Clyde and Co Llp and Another v Winkelhof: QBD 22 Mar 2011
The defendant hospital had custody of sperm samples given by the claimants in the course of fertility treatment. The samples were effectively destroyed when the fridge malfunctioned. Each claimant was undergoing chemotherapy which would prevent them providing future samples. They appealed a finding that they they had no losses, based on the suggestion that the … Continue reading Yearworth and others v North Bristol NHS Trust: CA 4 Feb 2009
B, a former senior member of the security services wished to publish his memoirs. He was under contractual and statutory obligations of confidentiality. He sought judicial review of a decision not to allow him to publish parts of the book, saying it was vitiated by bias, and in breach of his right to freedom of … Continue reading A, Regina (on The Application of) v B; Regina (A) v Director of Establishments of the Security Service: SC 9 Dec 2009
Account taken of circumstances wihout ambiguity The respondent gave advice on home income plans. The individual claimants had assigned their initial claims to the scheme, but later sought also to have their mortgages in favour of the respondent set aside. Held: Investors having once assigned their causes of action to the ICS, could not later … Continue reading Investors Compensation Scheme Ltd v West Bromwich Building Society: HL 19 Jun 1997
The claimant had been summarily dismissed. His application at first made no mention of a complaint that it had related to his trades union activities. He wrote to the secretary seeking amendment of his claim to include a claim that his dismissal was automatically unfair by reason of those activities. By this time the three … Continue reading Selkent Bus Co Ltd v Moore: EAT 2 May 1996
Allowance of Stigma Damages The employees claimed damages, saying that the way in which their employer had behaved during their employment had led to continuing losses, ‘stigma damages’ after the termination. Held: It is an implied term of any contract of employment that the employer shall not without reasonable and proper cause conduct itself in … Continue reading Malik v Bank of Credit and Commerce International (BCCI); Mahmud v Bank of Credit and Commerce International: HL 12 Jun 1997
The company made redundancies but failed to carry out any effective or honest consultation. The tribunal awarded the maximum 90 days protective order. The company appealed saying that it had given the employees greater notice than was strictly due. Held: The purpose of the order was punitive and therefore was not affected by the actual … Continue reading Susie Radin Ltd v GMB and others: CA 20 Feb 2004
Guidance for Wasted Costs Orders Guidance was given on the circumstances required for the making of wasted costs orders against legal advisers. A judge invited to make an order arising out of an advocate’s conduct of court proceedings must make full allowance for the fact that an advocate has to make decisions quickly and under … Continue reading Ridehalgh v Horsefield; Allen v Unigate Dairies Ltd: CA 26 Jan 1994
The applicants had been imprisoned and held without trial, being suspected of international terrorism. No criminal charges were intended to be brought. They were foreigners and free to return home if they wished, but feared for their lives if they did. A British subject, who was suspected in the exact same way, and there were … Continue reading A v Secretary of State for the Home Department, and X v Secretary of State for the Home Department: HL 16 Dec 2004
Adverse Comments by Judge Need not be Show of Bias In five cases, leave to appeal was sought on the basis that a party had been refused disqualification of judges on grounds of bias. The court considered the circumstances under which a fear of bias in a court may prove to be well founded: ‘The … Continue reading Locabail (UK) Ltd, Regina v Bayfield Properties Ltd: CA 17 Nov 1999