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Genower v Ealing, Hammersmith and Hounslow AHA: EAT 1980

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

White v Pressed Steel Fisher: 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 The regulations applied the provisions of the section, but the section had been repealed.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

Gardiner v London Borough of Merton: 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: [1980] IRLR 472 Statutes: Employment Protection (Consolidation) Act … Continue reading Gardiner v London Borough of Merton: 1980

Regina v Secretary of State for Education and Employment and others ex parte Williamson and others: HL 24 Feb 2005

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

Young and Woods Ltd v West: CA 11 Feb 1980

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

Acts

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

Regina v Secretary of State for Trade and Industry ex parte Unison: 1996

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

In re Nortel Companies and Others: SC 24 Jul 2013

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

Transfield Shipping Inc of Panama v Mercator Shipping Inc of Monrovia: ComC 1 Dec 2006

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

Gaskin v The United Kingdom: ECHR 7 Jul 1989

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

Tracy and others v Crosville Wales Ltd: HL 16 Oct 1997

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

Leicester University Students Union v Mahomed: EAT 6 Dec 1994

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

William Muir (Bond 9) Ltd v Lamb: EAT 1985

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

Governing Body of Clifton Middle Schooland others v Askew: CA 2 Aug 1999

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

Duffy v Yeoman and Partners Ltd: CA 15 Jul 1994

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, [1995] 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

Percy v Church of Scotland Board of National Mission: HL 15 Dec 2005

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

Leather Cloth Co Ltd v American Leather Cloth Co Ltd: HL 1 Feb 1865

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

Dow Jones and Co Inc v Jameel: CA 3 Feb 2005

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

X (Minors) v Bedfordshire County Council; M (A Minor) and Another v Newham London Borough Council; Etc: HL 29 Jun 1995

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

Gallagher for Judicial Review (NI): SC 30 Jan 2019

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

Pfaffinger and Another v City of Liverpool Community College and Another: EAT 4 Mar 1996

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

Occidental Exploration and Production Company vRepublic of Ecuador: CA 9 Sep 2005

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

Kahn and Another v Commissioners of Inland Revenue; In re Toshoku Finance plc: HL 20 Feb 2002

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

Ross v Eddie Stobart Ltd (Unfair Dismissal : Automatically Unfair Reasons): EAT 8 Aug 2013

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

Fitzpatrick v Sterling Housing Association Ltd: HL 28 Oct 1999

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

Dodsworth v Crown Prosecution Service: Admn 8 Nov 2010

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

Spillers French (Holdings) Ltd v Union of Shop, Distributive and Allied Workers (USDAW): EAT 1979

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

Pickstone v Freemans Plc: HL 30 Jun 1988

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

Bass Leisure Ltd v Thomas: EAT 22 Mar 1993

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

Starbucks (HK) Ltd and Another v British Sky Broadcasting Group Plc and Others: SC 13 May 2015

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

Science Research Council v Nasse; BL Cars Ltd (formerly Leyland Cars) v Voias: HL 1 Nov 1979

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

Warner v Adnet Limited: CA 26 Feb 1998

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 . .

law index

Our law-index is a substantial selection from our database. Cases here are restricted in number by date and lack the additional facilities formerly available within lawindexpro. Please do enjoy this free version of the lawindex. Case law does not ‘belong’ to lawyers. Judgments are made up of words which can be read and understood (if … Continue reading law index