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Carmichael and Another v National Power Plc: EAT 25 Apr 1996

Citations: [1996] UKEAT 1160 – 95 – 2504 Links: Bailii Cited by: Appeal from – Carmichael and Lesse v National Power Plc CA 29-Jan-1997 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. … Continue reading Carmichael and Another v National Power Plc: EAT 25 Apr 1996

Ocular Sciences Ltd v Aspect Vision Care Ltd: ChD 11 Nov 1996

The freedom for a claimant in registered design right to frame his claim, as to whether he asserts an infringement of the entire design, or limits it to the section infringed, is important. Laddie J said: ‘This means that the proprietor can trim his design right claim to most closely match what he believes the … Continue reading Ocular Sciences Ltd v Aspect Vision Care Ltd: ChD 11 Nov 1996

Hinkley v Ashtons Manufacturing Ltd, Thomas A Ashton Ltd P Crook: EAT 18 Mar 2002

EAT Contract of Employment – Breach of ContractThe appellant had owned a company. She sold the shares to the second respondent in return for a position as a director. After dismissal she appealed several findings. Held: The tribunal deciding an issue as to jurisdiction had pre-empted the job of the tribunal of making findings as … Continue reading Hinkley v Ashtons Manufacturing Ltd, Thomas A Ashton Ltd P Crook: EAT 18 Mar 2002

Johansen v Norway: ECHR 7 Aug 1996

The court had to consider a permanent placement of a child with a view to adoption in oposition to the natural parents’ wishes. Held: Particular weight should be attached to the best interests of the child, which may override those of the parent: ‘These measures were particularly far-reaching in that they totally deprived the applicant … Continue reading Johansen v Norway: ECHR 7 Aug 1996

P v S and Cornwall County Council: ECJ 30 Apr 1996

An employee at an educational establishment told management that he intended to undergo gender reassignment. He was given notice of dismissal. Held: The scope of the Directive was not confined to discrimination based on the fact that a person was of one or other sex but also extended to discrimination arising from the gender reassignment … Continue reading P v S and Cornwall County Council: ECJ 30 Apr 1996

Mothew (T/a Stapley and Co) v Bristol and West Building Society: CA 24 Jul 1996

The solicitor, acting in a land purchase transaction for his lay client and the plaintiff, had unwittingly misled the claimant by telling the claimant that the purchasers were providing the balance of the purchase price themselves without recourse to further borrowing when he knew that they were using an overdraft to obtain further funding. The … Continue reading Mothew (T/a Stapley and Co) v Bristol and West Building Society: CA 24 Jul 1996

Regina v Human Fertilisation and Embryology Authority ex parte DB: Admn 17 Oct 1996

Sperm which had been taken from a dying and unconscious man may not be used for the later insemination of his surviving wife. The Act required his written consent. Held: Community Law does not assist the Applicant. The question had been considered in Parliament, and allowing for the limitations on the powers of courts exercising … Continue reading Regina v Human Fertilisation and Embryology Authority ex parte DB: Admn 17 Oct 1996

Fletcher and others and Preston and others v Midland Bank Plc and Wolverhampton Healthcare NHS Trust Secretary of State for Health and others: EAT 24 Jun 1996

EAT Equal Pay Act – Addendum to principal judgment. Part timers’ claims for membership of pension schemes only made out of time. EAT Equal Pay Act – (no sub-topic). Judges: The Honourable Mr Justice Mummery Citations: Times 02-Jul-1996, EAT/6/96, EAT/5/96, [1996] UKEAT 5 – 96 – 2406 Links: EAT, Bailii Statutes: Equal Pay Act 1970 … Continue reading Fletcher and others and Preston and others v Midland Bank Plc and Wolverhampton Healthcare NHS Trust Secretary of State for Health and others: EAT 24 Jun 1996

Rotsart de Hertaing v Benoidt and IGC Housing Service (In Liquidation) and Another: ECJ 14 Nov 1996

ECJ Safeguarding of employees’ rights in the event of transfers of undertakings, businesses or parts of businesses – Transfer to the transferee of the rights and obligations arising from a contract of employment – Date of transfer. Citations: Times 25-Nov-1996, [1997] IRLR 127, C-305/94, [1996] EUECJ C-305/94 Links: Bailii Statutes: EC Directive 77/187/EEC Cited by: … Continue reading Rotsart de Hertaing v Benoidt and IGC Housing Service (In Liquidation) and Another: ECJ 14 Nov 1996

Diocese of Southwark and Others v Coker: EAT 4 Apr 1996

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

D v M: QBD 18 Mar 1996

A post employment restrictive covenant was unreasonable where an employee was restricted even after the wrongful termination of his employment by the company. Laws J set out the appropriate principle: ‘A restrictive covenant, having effect after the termination of a contract of service or for services, which on its face applies to the employer’s benefit … Continue reading D v M: QBD 18 Mar 1996

Barnett v Brabyn (Inspector of Taxes): ChD 5 Jul 1996

Re-statement of character of contracts of employment and services and difference. The form of contract is important but not conclusive. It is necessary to look at the terms of the contract as a whole concentrating on the substantive rights and obligations of the parties and decide whether they are more or less strongly indicative of … Continue reading Barnett v Brabyn (Inspector of Taxes): ChD 5 Jul 1996

Regina v Department of Education and Employment ex parte Begbie: CA 20 Aug 1999

A statement made by a politician as to his intentions on a particular matter if elected could not create a legitimate expectation as regards the delivery of the promise after elected, even where the promise would directly affect individuals, and the costs of a child’s education. Any consequences of a failure to keep a promise … Continue reading Regina v Department of Education and Employment ex parte Begbie: CA 20 Aug 1999

Clarke v The Restaurant Group (UK) Ltd (Practice and Procedure): EAT 20 Jul 2021

The claimant in the employment tribunal was a litigant in person. Upon consideration of her claim form under rule 12 Employment Tribunals Rules of Procedure 2013, a judge determined that there were two complaints, being of (a) ordinary unfair dismissal, in respect of which the claimant lacked qualifying service, and which was dismissed; and (b) … Continue reading Clarke v The Restaurant Group (UK) Ltd (Practice and Procedure): EAT 20 Jul 2021

Gaygusuz v Austria: ECHR 16 Sep 1996

The applicant was a Turkish national resident in Austria. While working there he had paid unemployment insurance contributions. At a stage when he was unemployed he applied for an advance on his pension in the form of emergency assistance. That was available under the material Austrian legislation, but one of the conditions was that the … Continue reading Gaygusuz v Austria: ECHR 16 Sep 1996

Regina v Bedwellty Justices Ex Parte Williams: HL 18 Sep 1996

A decision at committal to return an accused for trial is susceptible to judicial review where committal was based solely on inadmissible evidence or was based on evidence not reasonably capable of supporting it. The committal was quashed.The ‘Queen’s Bench Division of the High Court has normally in judicial review proceedings jurisdiction to quash a … Continue reading Regina v Bedwellty Justices Ex Parte Williams: HL 18 Sep 1996

Norman and Another v National Audit Office (Contract of Employment : Implied Term/Variation/Construction of Term): EAT 15 Dec 2014

EAT CONTRACT OF EMPLOYMENT – Implied term/variation/construction of term The Employment Tribunal had erred in concluding that a term in the letters of appointment of the Claimants enabled the employer to vary the contract unilaterally; the term was unclear and probably ambiguous – Wandsworth London Borough Council v D’Silva [1998] IRLR 193 and Security and … Continue reading Norman and Another v National Audit Office (Contract of Employment : Implied Term/Variation/Construction of Term): EAT 15 Dec 2014

Schaathun v Executive and Business Aviation Support Ltd (Practice and Procedure: Costs): EAT 13 Jul 2015

PRACTICE AND PROCEDURE – Costs The Employment Judge came to an impermissible conclusion on the facts in finding that the Claimant had asked the Tribunal to make a Norwegian interpreter available at the Full Hearing. Her email was plainly an enquiry if it would be possible for an interpreter to be present. Further, she was … Continue reading Schaathun v Executive and Business Aviation Support Ltd (Practice and Procedure: Costs): EAT 13 Jul 2015

EF v AB and Others (Practice and Procedure : Restricted Reporting Order): EAT 25 Mar 2015

EAT PRACTICE AND PROCEDURE Restricted order reporting Disposal of appeal including remission The Employment Tribunal erred in refusing to extend Restricted Reporting Orders in respect of a Respondent to Employment Tribunal proceedings and a non-party. They failed to carry out the assessment of comparative importance of the Article 8 and Article 10 rights engaged in … Continue reading EF v AB and Others (Practice and Procedure : Restricted Reporting Order): EAT 25 Mar 2015

Burdett v Aviva Employment Services Ltd: EAT 14 Nov 2014

EAT Unfair Dismissal – Conduct – Section 98(2)(b) Employment Rights Act 1996 In a case where the Claimant had committed (admitted) assaults in the workplace because of his disability (he suffers from a paranoid schizophrenic illness), the ET found that the Respondent had dismissed him because of his having committed acts of gross misconduct and … Continue reading Burdett v Aviva Employment Services Ltd: EAT 14 Nov 2014

O’Sullivan v DSM Demolition Ltd (Jurisdictional Points – Continuity of Employment): EAT 15 May 2020

The Employment Tribunal dismissed the Claimant’s claim of unfair dismissal on the basis that he did not have two years’ continuous employment. The dispute turned on the start date. Section 211(1)(a) Employment Rights Act 1996 provides that, for these purposes, a period of continuous employment begins ‘with the day on which the employee starts work’. … Continue reading O’Sullivan v DSM Demolition Ltd (Jurisdictional Points – Continuity of Employment): EAT 15 May 2020

Regina (Williamson and Others) v Secretary of State for Education and Employment: Admn 15 Nov 2001

A genuine religious belief which supported the use of corporal punishment in schools was not itself either a manifestation of religious belief which required protection under the convention, or a religious and philosophical conviction for the purposes of the right to education provisions of article 2. A religiously founded belief that corporal punishment should be … Continue reading Regina (Williamson and Others) v Secretary of State for Education and Employment: Admn 15 Nov 2001

Taylor and Others (T/A Partners In The Cornerstone Practice) v Crockford: EAT 28 Feb 2014

EAT Unfair Dismissal : Reason for Dismissal Including Substantial Other Reason – Reasonableness of dismissal The Employment Judge did not err in holding that the dismissal of the Claimant for refusing to agree to a rescheduling of her working hours was a dismissal for some other substantial reason within the meaning of section 98(1)(b) of … Continue reading Taylor and Others (T/A Partners In The Cornerstone Practice) v Crockford: EAT 28 Feb 2014

Rogers v Craigclowan School (Contract of Employment): EAT 19 Jul 2013

EAT CONTRACT OF EMPLOYMENT The Claimant sought a declaration that he was an employee of the Respondent, and sought a declaration of his terms and conditions of employment. He also claimed there had been an unlawful deduction from wages under section 13 of the Employment Rights Act 1996 and in respect of holiday pay. The … Continue reading Rogers v Craigclowan School (Contract of Employment): EAT 19 Jul 2013

Stefanko and Others v Maritime Hotel Ltd and Another (Contract of Employment : Race Discrimination): EAT 25 Sep 2018

CONTRACT OF EMPLOYMENT – Written particulars RACE DISCRIMINATION – Direct RACE DISCRIMINATION – Comparison The Employment Tribunal erred in concluding that an employee who has more than one but less than two months’ service is not entitled to a section 1 Employment Rights Act 1996 statement of terms and conditions of employment. It does not … Continue reading Stefanko and Others v Maritime Hotel Ltd and Another (Contract of Employment : Race Discrimination): EAT 25 Sep 2018

Stott v Leadec Ltd (Human Rights : Litigation Capacity): EAT 20 Feb 2020

At the outset of a Preliminary Hearing, the ELAAS representative raised concerns as to the Appellant’s litigation capacity. Adjourning the hearing on terms enabling the investigation of that issue, the EAT held that section 30(3) of the Employment Tribunals Act 1996 (‘the ETA’) provides the EAT with the power to regulate its own procedure, subject … Continue reading Stott v Leadec Ltd (Human Rights : Litigation Capacity): EAT 20 Feb 2020

SD (Aberdeen) Ltd v Wright and Others (Jurisdictional Points – Continuity of Employment): EAT 14 Sep 2018

The Employment Tribunal had been faced with a dispute about whether the claimant was employed by one or more of a network of companies/business entities or was a self-employed contractor. The evidence illustrated that he had worked for more than one entity. Having decided that he had been an employee throughout the material period, the … Continue reading SD (Aberdeen) Ltd v Wright and Others (Jurisdictional Points – Continuity of Employment): EAT 14 Sep 2018

Regina (Williamson and Others) v Secretary of State for Education and Employment: CA 12 Dec 2002

The claimants sought a declaration that the restriction on the infliction of corporal punishment in schools infringed their human right of freedom of religion. The schools concerned were Christian schools who believed that moderate corporal discipline was required in order to give expression to their religious beliefs. The respondent argued that the beliefs asserted, whilst … Continue reading Regina (Williamson and Others) v Secretary of State for Education and Employment: CA 12 Dec 2002

Relaxion Group plc v Rhys-Harper; D’Souza v London Borough of Lambeth; Jones v 3M Healthcare Limited and three other actions: HL 19 Jun 2003

The court considered whether discriminatory acts after the termination of employment were caught by the respective anti-discrimination Acts. The acts included a failure to give proper references. They pursued claims on the basis of victimisation after their primary discrimination claims. Held: The 1975 and 1976 Acts were similarly phrased and the wording in the 1995 … Continue reading Relaxion Group plc v Rhys-Harper; D’Souza v London Borough of Lambeth; Jones v 3M Healthcare Limited and three other actions: HL 19 Jun 2003

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

The Child Poverty Action Group v Secretary of State for Work and Pensions: SC 8 Dec 2010

The Action Group had obtained a declaration that, where an overpayment of benefits had arisen due to a miscalculation by the officers of the Department, any process of recovering the overpayment must be by the Act, and that the Department could not use the law of unjust enrichment. The Department Appealed. Held: The appeal failed. … Continue reading The Child Poverty Action Group v Secretary of State for Work and Pensions: SC 8 Dec 2010

Chahal v The United Kingdom: ECHR 15 Nov 1996

Proper Reply Opportunity Required on Deportation (Grand Chamber) The claimant was an Indian citizen who had been granted indefinite leave to remain in this country but whose activities as a Sikh separatist brought him to the notice of the authorities both in India and here. The Home Secretary of the day decided that he should … Continue reading Chahal v The United Kingdom: ECHR 15 Nov 1996

X v Y (Employment: Sex Offender): CA 28 May 2004

The claimant had been dismissed after it was discovered he had been cautioned for a public homosexual act. He appealed dismissal of his claim saying that the standard of fairness applied was inappropriate with regard to the Human Rights Act, and that the state had a duty to protect him from private acts which breached … Continue reading X v Y (Employment: Sex Offender): CA 28 May 2004

Halliburton Manufacturing and Services Ltd v Ravat: EAT 22 Oct 2008

EAT JURISDICTIONAL POINTS: Working outside the jurisdiction Jurisdiction in unfair dismissal. The Claimant was employed by the respondents, a UK company in the business of providing tools, services and personnel to the oil industry. He worked in Libya, on operations which were part of the business of an associated German company. He was dismissed and … Continue reading Halliburton Manufacturing and Services Ltd v Ravat: EAT 22 Oct 2008

Ravat v Halliburton Manufacturing and Services Ltd: SC 8 Feb 2012

The respondent was employed by the appellant. He was resident in GB, and was based here, but much work was overseas. At the time of his dismissal he was working in Libya. The company denied that UK law applied. He alleged unfair dismissal. Held: The company’s appeal failed. The details that he was dismissed by … Continue reading Ravat v Halliburton Manufacturing and Services Ltd: SC 8 Feb 2012

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

Bunce v Postworth Ltd (T/A Skyblue): CA 4 May 2005

Whether agency worker was employee for unfair dismissal claim. Citations: [2005] EWCA Civ 490 Links: Bailii Statutes: Employment Rights Act 1996 Jurisdiction: England and Wales Citing: See Also – Bunce v Postworth Ltd T/A Skyblue, Great Railway Maintenance Ltd T/A Carillion Rail EAT 29-Apr-2004 EAT Contract of Employment – Definition of employee. . . Appeal … Continue reading Bunce v Postworth Ltd (T/A Skyblue): CA 4 May 2005

Morgans v Alpha Plus Security Ltd: EAT 17 Jan 2005

The Tribunal had given credit for the full amount of incapacity benefit which the employee had received during the notice period. He appealed on the grounds that it ought not to have done so. There was a conflict of authority on the point in the Tribunal. Judges: The Honourable Mr Justice Burton Citations: [2005] UKEAT … Continue reading Morgans v Alpha Plus Security Ltd: EAT 17 Jan 2005

SM Trucking Ltd v Dixon: EAT 26 Oct 2021

CONTRACT OF EMPLOYMENT, UNFAIR DISMISSAL The Tribunal found as a fact that the claimant before the Tribunal, an HGV driver, was wholly to blame for a road traffic accident that wrote off the respondent’s HGV. That accident (together with the claimant’s accident history) also resulted in the respondent’s insurer’s refusal to continue to provide cover … Continue reading SM Trucking Ltd v Dixon: EAT 26 Oct 2021

Parry – National Westminster Bank plc: CA 1 Nov 2004

The employee had been found to be unfairly dismissed. The company did not re-engage him, and he sought as part of his damages, the lost earnings up to the date of the hearing. The employer said these should be included within the overall damages cap. Held: The award of arrears was not ring fenced so … Continue reading Parry – National Westminster Bank plc: CA 1 Nov 2004

Kaur v MG Rover Group Ltd: CA 17 Nov 2004

The applicant was employed by the respondent who had a collective agreement with a trade union. Held: Not all elements of the collective agreement need be intended to be legally enforceable. She complained that the collective agreement would have protected her from compulsory redundancy. Keene LJ said: ‘the words relied on by the respondent . … Continue reading Kaur v MG Rover Group Ltd: CA 17 Nov 2004