A Church of England Assistant Curate is not an employee, but rather a holder of an ecclesiastical office. There is a presumption that ministers of religion were office-holders who did not serve under a contract of employment. Accordingly he is not entitled to claim to have been unfairly dismissed under the legislation. Mummery LJ said: … Continue reading Reverend Doctor A B Coker v Diocese of Southwark; Bishop of Southwark and Diocesan Board of Finance: CA 11 Jul 1997
The respondent as a temporary worker was entitled to be treated as an employee of an agency within the contract governing the particular engagement where money was due when the agency went into liquidation. He was therefore able to claim against the respondent as such on that insolvency. A temporary worker might be an employee … Continue reading McMeechan v Secretary of State for Employment: CA 11 Dec 1996
Transfer of School to grant maintained status was a transfer of liabilities for s75. Citations: Gazette 11-Nov-1992, [1992] UKEAT 123 – 92 – 1109 Links: Bailii Statutes: Employment Protection (Consolidation) Act 1978 Employment Updated: 19 May 2022; Ref: scu.84732
An excess redundancy payment is to be deducted from damages before any per cent pro rata redeuction is to be made for any other reason. An employer paying over statutory minimum on redundancy is entitled to full credit for extra payment of had dismissed unfairly. Citations: Times 11-Dec-1996, [1996] UKEAT 593 – 95 – 0512 … Continue reading Digital Equipment Co Ltd v Clements: EAT 11 Dec 1996
The parties had reached an agreement not to continue unfair dismissal proceedings, but the defendant now complained of the claimant’s attempt to do so. Held: The section renders void an agreement to withdraw a claim already made to the Tribunal: ‘We find ourselves constrained by those considerations to regard the phrase ‘bringing any proceedings before … Continue reading Naqvi v Stephens Jewellers Ltd: EAT 1978
The effective date of termination is a statutory construct which depends on what has happened between the parties over time and not on what they may agree to treat as having happened. The EAT upheld the industrial tribunal’s view that, in ascertaining the starting date of a period of continuous employment under the 1978, only … Continue reading Caines v Hamon-Lummus Ltd: EAT 11 Jan 1996
Former employees had obtained a protective award against the company for failing to consult on the impending redundancies and submitted proofs of debt to the liquidator who sought guidance from the court. The judge had held that since the Act provided only one remedy, the protective awards were not provable. Held: The appeal was allowed. … Continue reading Haine v Secretary of State for Business Enterprise and Regulatory Reform and Another; Day v Haine: CA 11 Jun 2008
The Equal Opportunities Commission sought judicial review to test whether English employment law was in breach of EC law where threshold conditionsions for part time workers to make unfair dismissal and redundancy law claims were discriminatory. Held: The different employment rights for part timers were a form of indirect discrimination because they affected women more … Continue reading Regina v Secretary of State Employment, ex parte Equal Opportunities Commission and Another: HL 4 Mar 1994
The applicant had complained of unfair dismissal.The employment contract had been dressed as a self employed service provider’s contract to privide him with tax, and was unlawfully so. The employer appealed, saying that as an unlawful contract, the court should not support it. Held: The company’s appeal failed. The lower tribunal had correctly concluded that … Continue reading Young and Woods Ltd v West: CA 11 Feb 1980
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Casual workers employed under ‘nil hours’ relationship still had a contract of employment and the appropriate and associated rights. A court was fully able to determine the terms of the contract. Citations: Times 02-Apr-1998, Gazette 13-May-1998, [1997] EWCA Civ 871, [1999] ICR 1226, [1998] EWCA Civ 558, [2000] IRLR 43 Statutes: Employment Protection (Consolidation) Act … Continue reading Carmichael and Lesse v National Power Plc: CA 29 Jan 1997
The district auditor declared that payments made by the Council under an ‘enhanced voluntary severance scheme’, established by it in connection with its policy of not making employees compulsorily redundant, were unlawful. The payments were considerably in excess of the amounts which the council was obliged to pay under the employment legislation. Held:The Council did … Continue reading Allsop v North Tyneside Metropolitan Borough Council: CA 1991
There is generally a presumption that sick pay will be paid. A term would be implied if the contract was silent on the point. In implying terms into a contract of employment (the terms in that case relating to sick pay) courts and tribunals were not bound by the traditional tests relating to commercial contracts, … Continue reading Mears v Safecar Security Ltd: CA 2 Jan 1981
Judges: Bedlam LJ, Potter LJ, Sir John Balcombe Citations: Times 02-Jan-1998, Gazette 21-Jan-1998, [1997] EWCA Civ 2899, [1997] IRLR 140, [1998] ICR 258 Links: Bailii Statutes: Employment Protection (Consolidation) Act 1978 74 Jurisdiction: England and Wales Citing: Appeal from – Digital Equipment Co Ltd v Clements EAT 11-Dec-1996 An excess redundancy payment is to be … Continue reading Digital Equipment Co Ltd v Clements (No 2): CA 4 Dec 1997
The applicant sought an extension of time to appeal against dismissal of his claim for unfair dismissal. The tribunal had ruled that his application was premature, since his fixed term contract had not yet expired, and that they therefore did not have jurisdiction. Held: The appellant wished to argue that under section 55 and section … Continue reading Carr v John Henry Newman School: CA 12 Dec 1996
The former employer appealed after having dismissed its former managing director, who had taken up other employment found that his current employers had further reduced the salary paid to the former employee thus increasing the damages claimed. Judges: Hull QC HHJ Citations: [1994] UKEAT 582 – 94 – 1011 Links: Bailii Statutes: Employment Protection (Consolidation) … Continue reading Garage Equipment Maintenance Co Ltd v Holloway: EAT 10 Nov 1994
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
The appellants were journalists and other workers, and members of trades unions. Their employers had de-recognised the unions, paying sums to buy out those rights. The claimants had not surrendered their rights, and had been paid less because of it. Held: The Act did not protect the employees rights of association as guaranteed by article … Continue reading Wilson and NUJ, Palmer, Wyeth and RMT, Doolan and Others v The United Kingdom: ECHR 2 Jul 2002
(Commission) The applicants complained that as staff at GCHQ, they had been debarred from being members of trades unions. Judges: MM CA Nargaard P Citations: 11603/85, [1987] ECHR 34, (1988) 10 EHRR CD269 Links: Bailii Statutes: European Convention on Human Rights, Employment Protection Act 1975, Employment Protection (Consolidation) Act 1978 138(1) Jurisdiction: Human Rights Citing: … Continue reading Council of Civil Service Unions v The United Kingdom: ECHR 20 Jan 1987
A decision as to the practicality of an order for re-engagement is to be made at time of the order. Citations: Gazette 02-Sep-1992, [1992] UKEAT 511 – 91 – 0705 Links: Bailii Statutes: Employment Protection (Consolidation) Act 1978 58(1)(b) Jurisdiction: England and Wales Cited by: Appeal from – Port of London Authority v Payne and … Continue reading Port of London Authority v Payne and Others: EAT 7 May 1992
Where an employee had taken extended maternity leave but was then unable to return for post-natal depression, but she was dismissed, the resumption of her contract on issuing her notice of intention to return revived her sickness rights anew.The applicant had had her claims of unfair dismissal and sex discrimination had been rejected by the … Continue reading Halfpenny v IGE Medical Systems Ltd: CA 18 Dec 1998
A woman who had taken maternity leave was deemed to have returned to work following the completion of that leave when, on the appropriate date she provided medical certificates in accordance with the contract of employment. The applicant had given notice of her intention to return after maternity leave, but obtained an extension of four … Continue reading Halfpenny v IGE Medical Systems Ltd: HL 19 Dec 2000
A curate is not an employee of the Church and cannot claim unfair dismissal. Judges: Hull QC Citations: [1995] UKEAT 374 – 95 – 0811 Links: Bailii Statutes: Employment Protection (Consolidation) Act 1978 Citing: Appeal from – Coker v Diocese of Southwark ET 16-Mar-1995 An Anglican clergyman is an employee of the church, and so … Continue reading Diocese of Southwark and Others v Coker: EAT 4 Apr 1996
The appellant employee had been involved in a fight with a fellow-employee and had been dismissed. The other employee received a lesser penalty because the employer believed that Mr. Slack had been the aggressor. The industrial tribunal held that Mr. Slack’s dismissal had been unfair because of certain procedural deficiencies (primarily a failure to disclose … Continue reading Parker Foundry Ltd v Slack: CA 1992
On taking up employment the plaintiff was told he would later be appointed managing director. His employment was terminated, and he sought damages. Held: The defendant was estopped from denying it would appoint him managing director, since this was found to have been an implied term of his contract. It was settled law that there … Continue reading O’Laoire v Jackel International Limited (No 2): CA 1991
EAT The EAT upheld an industrial tribunal’s finding that by unilaterally varying the employee’s job description the employer was in fundamental breach of contract, entitling the employee to resign in accordance with the Sharp contract test. However, in dismissing the employee’s appeal the Tribunal also upheld the industrial tribunal’s further findings that the employer had … Continue reading Genower v Ealing, Hammersmith and Hounslow AHA: EAT 1980
The case tested whether the Industrial Tribunal had jurisdiction to hear a complaint under the regulations. The regulations applied the provisions of the section, but the section had been repealed. Held: The transitional provisions were sufficient to preserve the jurisdiction under the new Act. Citations: [1980] IRLR 176 Statutes: Trade Union and Labour Relations Act … Continue reading White v Pressed Steel Fisher: 1980
EAT The appellant Council had withdrawn its appeal at the last moment. The successful individual respondent in the Employment Appeal Tribunal, had been given assistance by the CRE, and had herself incurred no costs, whereas the CRE, on her behalf, had. As the jurisdiction under the Rule was only that a payor could be obliged … Continue reading Walsall Borough Council v Sidhu: EAT 1980
The Tribunal dealt with the question that arose when an Industrial Tribunal had considered The EAT was asked whether it was reasonable for an employee to decline the new terms of a contract. The Tribunal’s judgment had said: ‘If it was reasonable for him to decline these terms then obviously it would have been unreasonable … Continue reading Chubb Fire Security Ltd v Harper: EAT 1983
The employee was dismissed on refusing to accept new terms and conditions which were proposed to bring into line the terms and conditions of employees in their original business with those of employees, including the claimant, of another business taken over by the employers. The proposed new terms were financially and otherwise to his detriment. … Continue reading Richmond Precision Engineering Ltd v Pearce: EAT 1985
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 absence of any other explanation for the unfair dismissal of a black worker, does not of itself and inescapably lead to finding of race bias, or racial discrimination. He had been dismissed following complaints of sexual harassment, later found to be unsupported. The tribunal reasoned that the dismissal was to be presumed to be … Continue reading Strathclyde Regional Council v Zafar; Zafar v Glasgow City Council: HL 16 Oct 1997
The Employment Appeal Tribunal must give reasons for its decision, if it chooses to allow the amendment of appeal the papers in order to hear a point of law which had been conceded in the industrial tribunal. Citing Liverpool Corporation v Wilson, ‘if a point of law goes to jurisdiction, that may be a good … Continue reading Jones v Governing Body of Burdett Coutts School: CA 2 Apr 1998
Mr Polkey was employed as a driver. The company decided to replace four van drivers with two van salesmen and a representative. Mr Polkey and two other van drivers were made redundant. Without warning, he was called in and informed that he had been made redundant, given a redundancy letter setting out the payments due … Continue reading Polkey v A E Dayton Services Limited: HL 19 Nov 1987
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
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
The employee had been made redundant with no attempt at consultation and in breach of procedures. Held: His claim of unfair dismissal was dismissed because even if the procedures had been followed, the result would have been the same. What mattered was whether the employer had behaved reasonably. There was a vital distinction in that … Continue reading Polkey v A E Dayton Services Limited: CA 1986
