Those on maternity leave properly excluded from payments in lieu of notice. Citations: Times 24-May-1996 Statutes: Employment Protection (Consolidation) Act 1978 Sch 3 2(1)(b) Jurisdiction: England and Wales Discrimination Updated: 31 October 2022; Ref: scu.89087
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
The tribunal had been asked as to the circumstances under which the acceptance of new employment terms can be inferred from an employee’s continuing to work. Browne-Wilkinson P said: ‘The starting point must be that a contract of employment cannot simply be silent on the place of work; if there is no express term, there … Continue reading Jones v Associated Tunnelling Co Ltd: EAT 16 Oct 1981
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
The EAT considered the effect of the statutory period of notice: ‘As a result, in our view Mr Charman has no right to complain to the Industrial Tribunal of unfair dismissal. Even if, as one must, one treats the effective date of termination as being 3 October (the combined effect of s 49 and s … Continue reading Robert Court and Son Ltd v Charman: EAT 1981
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 employee, an airline pilot, was entitled to three months contractual notice. The Tribunal had awarded compensation for the full three months even although he had earned a salary from other employment during part of that period. Bristow J said: ‘Now the reason that the Industrial Tribunal awarded the equivalent of the wages that Mr … Continue reading Tradewinds Airways v Fletcher: EAT 1981
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
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
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
The place where an employee was employed for the purposes of the employer’s business was to be determined by a consideration of the factual circumstances which obtained until the dismissal. Where an employee had worked in only one location under his contract of employment for the purposes of the employer’s business then it defied common … Continue reading High Table Limited v Horst, Jowett and and Burley: CA 1 Jul 1997
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
There should be no reduction in an award of damages for unfair dismissal simply for participation in strike where the employee had not been not re-instated after the industrial action. Citations: Times 04-Aug-1995, Independent 29-Aug-1995 Statutes: Employment Protection (Consolidation) Act 1978 62 74(6) Jurisdiction: England and Wales Employment, Damages Updated: 20 December 2022; Ref: scu.79681
It is not a Trade Union deterrence within the Act to fail to promote a union official who was lacking experience. Citations: Independent 05-Apr-1994 Statutes: Employment Protection (Consolidation) Act 1978 23 (1)(b) Jurisdiction: England and Wales Employment Updated: 26 October 2022; Ref: scu.89808
Mrs Brown was employed by Rentokil as a driver, transporting and changing ‘Sanitact’ units in shops. In her view, it was heavy work. She told Rentokil that she was pregnant. She had difficulties associated with the pregnancy. From 16 August 1990 onwards, she submitted a succession of four-week certificates mentioning various pregnancy-related disorders. She did … Continue reading Brown v Rentokil Ltd: IHCS 10 Mar 1995
The Board employed miners belonging to two rival unions, the National Union of Mineworkers (‘the NUM’) and the Union of Democratic Mineworkers (‘the UDM’), at the same colliery. The Board agreed to pay increased wages to members of the UDM but not to members of the NUM. On application by members of the NUM, the … Continue reading National Coal Board v Ridgway: CA 1987
Application for order to Tribunal chairman to produce his notes of Evidence. Held: The court would have been ready to cut through the requirements established in Webb and the relevant Practice Note if that were required to do justice to the appellant, but that was not so. Judges: Butter QC HHJ Citations: [1997] UKEAT 210 … Continue reading Hitt v Lightning Despatch Ltd: EAT 20 Feb 1997
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
Whether complaint of unfair dismissal out of time. Judges: Maurice Kay J Citations: [1995] UKEAT 815 – 95 – 2410 Links: Bailii Statutes: Employment Protection (Consolidation) Act 1978 78 Jurisdiction: England and Wales Employment Updated: 18 June 2022; Ref: scu.209419
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
Whether 2 years continuous employment – no Citations: [1996] UKEAT 935 – 96 – 1612 Links: Bailii Statutes: Employment Protection (Consolidation) Act 1978 64(1)(a) Jurisdiction: England and Wales Employment Updated: 26 May 2022; Ref: scu.208792
The court set out and restated the principles for determining what was the normal retiring age in an employment. The ‘Normal’ retirement age is 65 unless the employment contract provides a different age for retirement. A retirement policy does not fail to set an applicable normal retiring age only because the policy allows certain exceptions. … Continue reading Barclays Bank Plc v O’Brien and Others: CA 25 Jul 1994
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
The Union appealed a finding of unfair dismissal and discrimination. It denied that she had sufficient continuous service, saying that the peirod suggested involved working for two employers. It also said that since the objection went as to jurisdiction, there was no requirement for it to have leave to appeal. Held: Meeting the continuous employment … Continue reading Leicester University Students Union v Mahomed: EAT 6 Dec 1994
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
It was wrongful treatment to give differential pay rises according to whether or not an employee chose to be a member of a trade union. An offer of personal contracts to abandon union membership was not a penalty. Judges: Wood J Citations: Gazette 18-Nov-1992, Gazette 16-Sep-1992, [1992] UKEAT 99 – 92 – 2307, [1992] ICR … Continue reading Associated British Ports v Palmer and Others; Associated Newspapers Ltd v Wilson: EAT 23 Jul 1992
The applicant was given notice on 3rd February 1983 terminating his employment on 28th February 1983. The question arose on appeal whether the date of the notice or the date when he left employment was the relevant date. Held: With a discriminatory dismissal, time does not run until the notice of dismissal has expired and … Continue reading Lupetti v Wrens Old House Ltd: EAT 1984
Popplewell J said: ‘We are however faced with what, at any rate, appear to be two conflicting Court of Appeal decisions. It is clear to us that ‘the time of transfer’ must be construed in the same way in relation to the Employment Protection (Consolidation) Act 1978 as to the Transfer of Undertakings (Protection of … Continue reading Brook Lane Finance Co Ltd v Bradley: EAT 1988
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
Belief that an employee had resigned was sufficient to justify dismissal. The expression of a wish to resign is capable of being ‘some other substantial reason for dismissal’. If an employer mistakenly does not know of a valid reason for a dismissal but in fact such a reason exists then the fact that the employer … Continue reading Ely v YKK Fasteners (UK) Ltd: CA 15 Jul 1993
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
The tribunal had ruled that a document sent by a Union District Secretary to head office claiming dispute benefit for the Claimant and other employees of the Appellant employer; although admissible in evidence at common law, would not be received into evidence because its prejudicial effect on those employees it did not affect outweighed its … Continue reading Rosedale Ltd v Sibley: 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
A court should not infer that a person is an employee not an independent contractor only because he or she does not appear to be running a business. The tribunal should have applied the definition from the 1976 Regulations which defined a self employed person as some employed ‘otherwise than under a contract of services … Continue reading Ironmonger v Movefield Ltd t/a Deering Appointments: EAT 1988
The appellant had resigned after many years working weekdays in the defendants laundry. She was found to have been constructively dismissed, but that the employer had good reason within the section, in that their need included the need to have a service at weekends The respondents felt it would be unfair to seek someone who … Continue reading J E Davidson v The Sue Ryder Foundation: CA 4 Oct 1996
The Industrial Tribunal should take account of the surrounding circumstances after the dismissal of the employee during strike action. Citations: Times 28-Jul-1993, Independent 17-Aug-1993 Statutes: Employment Protection (Consolidation) Act 1978 62(1) Employment Updated: 10 April 2022; Ref: scu.89904
A failure to comply with the Act does not automatically terminate the contract. Citations: Times 07-Mar-1994, [1994] ICR 578 Statutes: Employment Protection (Consolidation) Act 1978 33 Cited by: Cited – Kwik Save Stores Limited v Greaves; Crees v Royal London Mutual Insurance Society Limited CA 20-Jan-1998 Women had taken extended maternity leave, but having followed … Continue reading Hilton International Hotels (Uk) Ltd v Kaissi: EAT 7 Mar 1994
An imposed change of shifts making it impossible for the employee was constructive dismissal and in the circumstances was unfair. Citations: Ind Summary 23-May-1994 Statutes: Employment Protection (Consolidation) Act 1978 5(2)(c) Employment Updated: 08 April 2022; Ref: scu.81007
The EAT considered the status of part time lecturers of courses at colleges of higher education. They were employed on fixed term contracts for a term at a time. The court was asked whether, if a contract was not renewed, that amounted to a dismissal. Held: The employees’ appeals succeeded. The claimants had each been … Continue reading Pfaffinger and Another v City of Liverpool Community College and Another: EAT 4 Mar 1996
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
‘action’ in section 23(1) of the 1978 Act included an omission. Bingham LJ , May LJ [1987] ICR 641, [1987] 3 All ER 582 Employment Protection (Consolidation) Act 1978 23(1) England and Wales Cited by: Cited – Three Rivers District Council and others v The Governor and Company of the Bank of England ComC 12-Apr-2006 … Continue reading National Coal Board v Ridgeway: CA 1987
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
The claimant sought an injunction to prevent the respondent Trades Union calling on its members to boycott mail to South Africa. The respondents challenged the ability of the court to make such an order. Held: The wide wording of the statute did not mean that the courts had, in effect, limitless powers to grant interlocutory … Continue reading Gouriet v Union of Post Office Workers: HL 26 Jul 1977
The Daily Mail had recognised the Union to which their journalists belonged. They wanted to end this arrangement, and offered a better rate of pay to non-members. The union said this was an unlawful action taken because of union membership. Similar issues arose in Palmer. Held: It was lawful to refuse pay increases to those … Continue reading Associated Newspapers Ltd v Wilson; Associated British Ports v Palmer: HL 31 Mar 1995
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
