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 The regulations applied the provisions of the section, but the section had been repealed.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:  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EAT The appellant Council had withdrawn its appeal at the last moment.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 continuity of the period of employment is not broken when an employee is taken into the employment of an ‘associated employer’ of the first employer but the claimant can take advantage of that only if at least one of the employers is a limited company. Citations:  IRLR 472 Statutes: Employment Protection (Consolidation) Act … Continue reading Gardiner v London Borough of Merton: 1980
Appeals on the ground of perversity will only succeed where it is shown that no reasonable Tribunal, properly directed in law, could have reached the decision made. The court set out the duties and powers of appellate courts in employment law: ‘It is common ground that the appeal from the industrial tribunal to the Employment … Continue reading Melon v Hector Powe Ltd: HL 6 Nov 1980
The employee was summarily dismissed by the night production foreman for missing a night shift immediately before taking his annual leave. The personnel officer told the employee about his right of appeal; but the employee decided not to appeal as he did not think there was any point in doing so. The following week the … Continue reading Hoover Ltd v Forde: 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 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
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
The plaintiff, on arriving at the airport found that his luggage had been lost. The defendant denied liability saying he had not notified his claim within the requisite period.
Held: Elementary justice requires that the rules by which the . .
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The 1978 Directive required consultation in the case of collective redundancies. Acts had incorrectly incorporated this requirement into English law. The error was corrected in the 1995 Regulations. Held: Anything is ‘related to’ a Community obligation so long as it is not distinct, separate or divorced from it. The 1995 Regulations were valid.Otton LJ said: … Continue reading Regina v Secretary of State for Trade and Industry ex parte Unison: 1996
The court was asked as to the interrelationship of the statutory schemes relating to the protection of employees’ pensions and to corporate insolvency. Held: Liabilities which arose from financial support directions or contribution notices issued by the Pensions Regulator under the 2004 Act after the company had gone into administration, which required the company to … Continue reading In re Nortel Companies and Others: SC 24 Jul 2013
The owners made substantial losses after the charterers breached the contract by failing to redliver the ship on time as agreed. Held: On the facts found the Owners’ primary claim is not too remote. To the knowledge of the Charterers, it was accepted as a hazard of late redelivery that the vessel would miss her … Continue reading Transfield Shipping Inc of Panama v Mercator Shipping Inc of Monrovia: ComC 1 Dec 2006
The applicant complained of ill-treatment while he was in the care of a local authority and living with foster parents. He sought access to his case records held by the local authority but his request was denied. Held: The refusal to allow him access to his records involved a breach of his rights under Article … Continue reading Gaskin v The United Kingdom: ECHR 7 Jul 1989
Damages for unfair dismissal of those not re-engaged after a strike where the employees had been equally blameworthy, were not to be reduced for any contributory fault of the employee in engaging in the strike. The employers had advertised the jobs, but not approached the applicants to offer them new employment, and were liable for … Continue reading Tracy and others v Crosville Wales Ltd: HL 16 Oct 1997
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
The employee was found to have been unfairly dismissed, but he had not pursued his internal appeal rights. Held: A failure by a dismissed employee to appeal against his dismissal could not amount to a failure to mitigate his losses within section 74(4).Lord McDonald MC said: ‘The appellants accept the finding of unfair dismissal. They … Continue reading William Muir (Bond 9) Ltd v Lamb: EAT 1985
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
The EAT has a power exceptionally, to receive an argument which had not been put to tribunal. Knox J said: ‘We do not accept the proposition that any and every contention by a party to an appeal that that party by calling further evidence can show that the applicant’s case falls outside the jurisdiction of … Continue reading Barber v Thames Television plc: EAT 1991
A teacher employed within a local authority school was an employee of the authority and not of the school itself. Where an authority cease to maintain a junior and middle school and opened a new school he was properly made redundant. The transfer of undertakings regulations did not apply in his case. Citations: Gazette 02-Sep-1999, … Continue reading Governing Body of Clifton Middle Schooland others v Askew: CA 2 Aug 1999
In a case on the issue of sufficiency of qualifying service for bringing an ordinary case of unfair dismissal, the court considered the allocation of the burden of proof in employment cases. Held: The burden is upon he who is seeking to rely upon the exception to bring himself within it. The court also considered … Continue reading Smith v Hayle Town Council: CA 1978
Redundancy decision without consultation where ‘no difference’ was found, and there was no alternative, was not unfair. Judges: Balcombe LJ Citations: Independent 15-Jul-1994, Times 26-Jul-1994,  ICR 1 Statutes: Employment Protection (Consolidation) Act 1978 57(3) Jurisdiction: England and Wales Citing: Appeal from – Duffy v Yeomans and Partners Ltd EAT 7-Apr-1993 . . Cited – … Continue reading Duffy v Yeoman and Partners Ltd: CA 15 Jul 1994
The claimant appealed after her claim for sex discrimination had failed. She had been dismissed from her position an associate minister of the church. The court had found that it had no jurisdiction, saying that her appointment was not an employment. However the jurisdiction in sex discrimination cases was wider, extending to those who ‘contract … Continue reading Percy v Church of Scotland Board of National Mission: HL 15 Dec 2005
Where an individual works in a partnership the goodwill generated by his acts will in the normal course vest in the partnership. Lord Kingsdown said: ‘Nobody doubts that a trader may be guilty of such misrepresentations with regard to his goods, as to amount to a fraud upon the public, and to disentitle him on … Continue reading Leather Cloth Co Ltd v American Leather Cloth Co Ltd: HL 1 Feb 1865
Presumption of Damage in Defamation is rebuttable The defendant complained that the presumption in English law that the victim of a libel had suffered damage was incompatible with his right to a fair trial. They said the statements complained of were repetitions of statements made by US authorities. The claimant had asserted that no more … Continue reading Dow Jones and Co Inc v Jameel: CA 3 Feb 2005
Liability in Damages on Statute Breach to be Clear Damages were to be awarded against a Local Authority for breach of statutory duty in a care case only if the statute was clear that damages were capable of being awarded. in the ordinary case a breach of statutory duty does not, by itself, give rise … Continue reading X (Minors) v Bedfordshire County Council; M (A Minor) and Another v Newham London Borough Council; Etc: HL 29 Jun 1995
Each appellant complained of the disclosure by the respondent of very old and minor offences to potential employers, destroying prospects of finding work. Two statutory schemes were challenged, raising two separate questions, namely whether any interference with Article 8 ECHR is: (1) ‘in accordance with the law’ (‘the legality test’) and (2) ‘necessary in a … Continue reading Gallagher for Judicial Review (NI): SC 30 Jan 2019
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
The parties had arbitrated their dispute in London under a bilateral investment treaty between the US and Ecuador. The republic sought to appeal the arbitration. The applicant now appealed an order that the English High Court had jurisdiction to hear the appeal. Held: The appeal was dismissed. The treaty was intended to encourage bilateral trading … Continue reading Occidental Exploration and Production Company vRepublic of Ecuador: CA 9 Sep 2005
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
EAT UNFAIR DISMISSAL – Automatically unfair reasonsBurden of proving the ‘whistleblowing’ reason for dismissal under s.103A Employment Rights Act 1996 lies on the employee who has insufficient continuous service to bring a claim of ordinary unfair dismissal. Smith v Hayle applied.However, the case was not decided by this Employment Tribunal on the burden of proof. … Continue reading Ross v Eddie Stobart Ltd (Unfair Dismissal : Automatically Unfair Reasons): EAT 8 Aug 2013
Same Sex Paartner to Inherit as Family Member The claimant had lived with the original tenant in a stable and long standing homosexual relationship at the deceased’s flat. After the tenant’s death he sought a statutory tenancy as a spouse of the deceased. The Act had been extended to include as a spouse someone living … Continue reading Fitzpatrick v Sterling Housing Association Ltd: HL 28 Oct 1999
The defendant effectively sought to appeal against his conviction on his own guilty plea to possession of wild bird eggs. They had been collected before possession itself was made an offence, and he had received them before the 2004 Act, after which only the person originally collecting an egg could lawfully possess it. He said … Continue reading Dodsworth v Crown Prosecution Service: Admn 8 Nov 2010
The employer wrote to the employee on 29 November 2006 informing her of her dismissal, the letter arrived on the 30th, and she read it on the 4th of December. The employer appealed against a finding that the effective date of dismissal was the date on which she read the letter. Held: The appeal failed. … Continue reading Gisda Cyf v Barratt: CA 2 Jul 2009
The employer closed its bakeries and made redundancies, but without consultation. The ET decided it could make a protective award even if none of the employees had suffered any loss because the redundancies must follow. Held: In the legislation there were provisions where sums were to be paid without any assessment of actual loss being … Continue reading Spillers French (Holdings) Ltd v Union of Shop, Distributive and Allied Workers (USDAW): EAT 1979
The claimant sought equal pay with other, male, warehouse operatives who were doing work of equal value but for more money. The Court of Appeal had held that since other men were also employed on the same terms both as to pay and work, her claim failed. Held: The claim was not disbarred in this … Continue reading Pickstone v Freemans Plc: HL 30 Jun 1988
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
The principles of contract law are of little use when looking at the course of negotiations in divorce ancillary proceedings. In the case of a dispute the court must use its own discretion to determine whether agreement had been reached. Thorpe LJ said: ‘ordinary contractual principles do not determine the issues in this appeal. This … Continue reading Xydhias v Xydhias: CA 21 Dec 1998
The court was asked whether, as the appellants contended, a claimant who is seeking to maintain an action in passing off need only establish a reputation among a significant section of the public within the jurisdiction, or whether, as the courts below held, such a claimant must also establish a business with customers within the … Continue reading Starbucks (HK) Ltd and Another v British Sky Broadcasting Group Plc and Others: SC 13 May 2015
The parties disputed the effective date of termination of the claimant’s employment. Was it the date on which the letter notifying her was sent, or was it on the day she received it. She had been dimissed without notice, and the date was the date on which it took effect. The court was asked whether … Continue reading Gisda Cyf v Barratt: SC 13 Oct 2010
Recent statutes had given redress to anyone suffering unlawful discrimination on account of race sex or trade union activities. An employee sought discovery of documents from his employer which might reveal such discrimination. Held: The court ought not to order breach of properly given confidences unless it is necessary in the interests of justice. Lord … Continue reading Science Research Council v Nasse; BL Cars Ltd (formerly Leyland Cars) v Voias: HL 1 Nov 1979
The Court was asked whether the Commissioner of Police of the Metropolis (‘the Commissioner’) owes a duty to her officers, in the conduct of proceedings against her based on their alleged misconduct, to take reasonable care to protect them from . .
The managing director defendant had resigned before the end of the contractual term. There was an express covenant in his contract against using or disclosing the company’s confidential information during or after his employment. It was submitted . .
A dismissal of employees by administrative receivers just before the sale of a company as going concern was a redundancy outside the protection given by the TUPE provisions. ‘in view of the facts found by the tribunal about the appointment of the . .
The complainant is seeking information that he asserts was provided to third parties in relation to cases that he was involved in during the 1970s and 1980s and which he believes is held by West Yorkshire Police. The Commissioner understands that . .
The claimant alleged that she had been discrimated against in her work for the appellant, a member of the diplomatic staff at the Saudi Embassy in London. She now appealed against a decision that the respondent had diplomatic immunity.
Held: . .
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 . .
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 . .
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