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 university had imposed a new constitution on its students union, which resulted in the dismissal of the claimant. He sought to assert racial discrimination. Held: The concept of ‘aiding’ somebody in committing discriminatory behaviour under the section, connoted assistance beyond the negligible, but did not need to be substantial or productive. The word should … Continue reading Anyanwu and Another v South Bank Student Union and Another: HL 24 May 2001
Appeal from dismissal of appeal after failure to comply with unless order Judges: Burton J P Citations: [2003] EAT 0077 – 03 – 1106, [2003] UKEAT 0077 – 03 – 1106, UKEAT/0077/03 Links: Bailii, Bailii, EAT Statutes: Employment Appeal Tribunal Rules 2001 33 Jurisdiction: England and Wales Employment Updated: 01 December 2022; Ref: scu.189467
Donaldson LJ said: ‘Industrial tribunals’ reasons are not intended to include a comprehensive and detailed analysis of the case, either in terms of fact or in law . . their purpose remains what it has always been, which is to tell the parties in broad terms why they lose or, as the case may be, … Continue reading UCATT v Brain: CA 1981
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
UBS AG devised an employee bonus scheme to take advantage of the provisions of Chapter 2 of the 2003 Act, with the sole purpose other than tax avoidance, and such consequential advantages as would flow from tax avoidance. Several pre-ordained steps were taken according to a detailed timetable. Once the structure of the scheme had … Continue reading UBS Ag and Another v Revenue and Customs: SC 9 Mar 2016
An employer’s liability for racial abuse by its employees is wider than its liability under the rules of vicarious liability. The statute created new obligations. Sex and race discrimination legislation seeks to eradicate the ‘very great evil’ of discrimination.Waite LJ said: ‘a statute is to be construed according to its legislative purpose, with due regard … Continue reading Tower Boot Company Limited v Jones: CA 11 Dec 1996
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 Practice and Procedure – Costs. Costs order. Permissible option applying 2 stage exercise under R14(1) 2001 ET Rules. Judges: His Honour Judge Peter Clark Citations: [2005] UKEAT 0439 – 04 – 0903, UKEAT/0439/04 Links: Bailii, EAT Citing: Cited – Telephone Information Services v Wilkinson EAT 1991 The employee was dismissed. His employers offered to … Continue reading Power v Panasonic (UK) Limited: EAT 9 Mar 2005
The claimant sought to allege race discrimination and appealed refusal by the respondents to release required documents. She had been turned down for an appointment to the Trident task force, and sought disclosure of the reasons. The respondent said that she had failed in her vetting, and that they were prohibited in law from disclosing … Continue reading Barracks v Coles and Commissioner of Police for the Metropolis: CA 21 Jul 2006
Citations: [2004] EWCA Civ 208 Links: Bailii Jurisdiction: England and Wales Citing: See Also – Lawal v Northern Spirit Limited HL 19-Jun-2003 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 … Continue reading Lawal v Northern Spirit Ltd: CA 19 Feb 2004
The applicant was a chief inspector of police. She had been prevented from carrying out appraisals of other senior staff, and complained of sex discrimination. Held: The claimant’s appeal failed. The tribunal had taken a two stage approach. It had asked first whether there had been less favourable treatment, and then asked why there had … Continue reading Shamoon v Chief Constable of the Royal Ulster Constabulary: HL 27 Feb 2003
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 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
The system under which the registered keeper of a vehicle was obliged to identify herself as the driver, and such admission was to be used subsequently as evidence against her on a charge of driving with excess alcohol, was not a breach of her right to a fair trial. The right not to give evidence … Continue reading Stott (Procurator Fiscal, Dunfermline) and Another v Brown: PC 5 Dec 2000
The defendant’s negotiators had asserted in an expressly ‘without prejudice’ meeting, that the plaintiff was infringing its patent and they threatened to bring an action for infringement. The plaintiff sought to bring a threat action under section 70 relying on the statements. The judge held the statement inadmissible. Held: The plaintiff’s appeal failed. Where there … Continue reading Unilever plc v Procter and Gamble Company: CA 4 Nov 1999
(Grand Chamber) The applicants had been subjected to severe restrictions. They were foreign nationals suspected of terrorist involvement, but could not be deported for fear of being tortured. The UK had derogated from the Convention to put the restrictions in place. Assurances had been given by the home nations that on return they would not … Continue reading A and Others v The United Kingdom: ECHR 19 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
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
EAT RACE DISCRIMINATIONVicarious liability Post employmentThe Appellants were members of the board of a Centre. As a result of decisions of the Employment Tribunal and the Employment Appeal Tribunal, it was held that the Appellants had unfairly dismissed the Respondents, who were employees of the Centre and that they had unfairly discriminated against them on … Continue reading Bungay and Others v Saini and Others: EAT 27 Sep 2011
The various applicants sought judicial review of the operation of the Protection of Vulnerable Adults List insofar as they had been placed provisionally on the list, preventing them from finding work. One complaint was that the list had operated . .
EAT PRACTICE AND PROCEDURE
PRACTICE AND PROCEDURE – Case management
PRACTICE AND PROCEDURE – Preliminary issues
On 12 March 2015, at a telephone Case Management Preliminary Hearing, . .
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
