This appeal is primarily concerned with the scope of the rights conferred on agency workers by and the Agency Workers’ Regulations 2010 (‘the AWR’), which implements the Agency Workers Directive (‘the Directive’) into domestic law. The EAT found that: (1) The right conferred by regulation 13(1) of the AWR (derived from Article 6.1 of the … Continue reading Angard Staffing Solutions Ltd and Another v Kocur and Another (Agency Workers and Contract of Employment): EAT 11 Dec 2020

CONTRACT OF EMPLOYMENT – Damages for breach of contract UNFAIR DISMISSAL – Constructive dismissal UNFAIR DISMISSAL – Compensation UNFAIR DISMISSAL – Contributory fault UNFAIR DISMISSAL – Polkey deduction The Appellant contended that the Employment Judge made a perverse finding regarding the Appellant’s conduct prior to dismissal (but which the Respondent only discovered after dismissal). The … Continue reading Mansfield Vtaran Microsystems Ltd (Contract of Employment – Damages for Breach of Contract : Unfair Dismissal): EAT 14 Sep 2018

EAT UNLAWFUL DEDUCTION FROM WAGES At the hearing of the Claimant’s claim of unauthorised deductions, taken from his payments when he was made redundant in order to repay his car loan, the Employment Tribunal raised with the employer’s counsel the provisions of the Consumer Credit Act 1974. It then ruled upon it without giving counsel … Continue reading Guildprime Specialists Contractors Ltd v Knight: EAT 24 Sep 2012

VICTIMISATION DISCRIMINATION – Protected disclosure PRACTICE AND PROCEDURE – Disposal of appeal including remission The Court of Appeal had remitted back to the Tribunal the issue of a Chagger claim for damages for stigma loss, following the termination of the Appellant’s contract as a worker after raising asbestos issues which had constituted a detriment under … Continue reading Small v The Shrewsbury and Telford Hospitals NHS Trust (Victimisation Discrimination – Protected Disclosure – Practice and Procedure): EAT 19 Aug 2019

PRACTICE AND PROCEDURE Striking-out / dismissal PRACTICE AND PROCEDURE Imposition of deposit Rules 37(1) and 39(1) Schedule 1 Employment Tribunal (Constitution and Rules of Procedure) Regulations 2013 The Employment Tribunal (‘ET’) had struck out the Claimant’s claim of protected disclosure detriments and dismissal as having no reasonable prospect of success. In the alternative, the ET … Continue reading Arthur v Hertfordshire Partnership University NS Foundation Trust (Practice and Procedure Striking-Out : Dismissal): EAT 13 Aug 2019

The applicants worked under an arrangement where they received considerable payments additional to their basic pay for compulsory overtime, but the holiday pay was calculated by the employer on the basic pay. Held: The 1998 Regulations were intended to protect workers, but the directive did not require any payment over and above the contractual entitlement. … Continue reading D Bamsey and others v Albon Engineering and Manufacturing Plc: CA 25 Mar 2004

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

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

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

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

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

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

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

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

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

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

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

It is settled law that to succeed in a complaint of automatically unfair dismissal for asserting a statutory right under s.104 Employment Rights Act 1996 there must have been an infringement of a statutory right, not merely an anticipation or threat . .

UNFAIR DISMISSAL – Procedural fairness/automatically unfair dismissal
A fair dismissal compliant with section 98(4) of the Employment Rights Act 1996 requires ‘as much investigation into the matter as was reasonable in all the circumstances of . .

JURISDICTION – TERRITORIAL SCOPE OF THE EMPLOYMENT RIGHTS ACT 1996 AND THE EQUALITY ACT 2020

The Claimant was a national of the Democratic Republic of Congo who was accepted on to the Second Respondent’s Associate Program in the USA. . .

In this case, the Employment Appeal Tribunal (EAT) was asked to interpret Section 98(4) of the Employment Rights Act 1996 (the 1996 Act) and decide whether in failing to place an employee whose post had become redundant on a list of workers whose . .

Redundancy and Jurisdictional/Time Points In this appeal the EAT considered that where the EJ had made findings that indicated that the Claimant’s effective date of termination (Employment Rights Act 1996 section 97(1)(b) and 145(2)) could be established by reference to objective factors and that the EJ had held that by that date the Claimant ought … Continue reading Avuru v Favernmead Ltd and Another (Redundancy and Jurisdictional : Time Points): EAT 29 May 2020

The process of the company making the claimant redundant had been declared a sham. The company appealed against a decision that even had the correct procedures been followed, the decision would have been the same. The tribunal said that insufficient evidence had been brought to support such an assertion. Held: The appeal was dismissed. The … Continue reading Strand Transport Services Ltd v Whitworth: CA 6 Aug 2009

The Tribunal considered the applicability of the 1996 Act to those employed abroad after the repeal of s196: ‘In our view the repeal of section 196 (2) cannot be taken to have had the effect that employees who had or whose employment had a substantial connection with Great Britain should not be entitled to the … Continue reading Financial Times Ltd v Bishop: EAT 25 Nov 2003

An employer’s express right to transfer an employee may be qualified by the obligation of mutual trust and confidence. Citations: [1989] IRLR 507 Jurisdiction: England and Wales Cited by: Cited – Johnson v Unisys Ltd HL 23-Mar-2001 The claimant contended for a common law remedy covering the same ground as the statutory right available to … Continue reading United Bank Ltd v Akhtar: 1989

Unfair Dismissal The Respondent appealed the Tribunal’s decision that the Claimant had been unfairly dismissed. The Tribunal had concluded that having regard to s. 98 of the Employment Rights Act 1996 the Respondents decision to dismiss fell outside the band of reasonable responses. On Appeal the Respondent argued that the Tribunal had fallen into a … Continue reading Northbay Pelagic Ltd v Anderson (Unfair Dismissal): EAT 28 Jan 2021

The Employment Tribunal found that the Claimant made protected disclosures in respect of the introduction of a new rota system, which he reasonably believed posed a danger to the health and safety of patients, and to be made in the public interest. Subsequent to this, concerns raised by colleagues about his alleged conduct were referred … Continue reading Chatterjee v Newcastle Upon Tyne Hospitals NHS Trust (Victimisation Discrimination – Protected Disclosure): EAT 23 Sep 2019

Unfair dismissal – automatically unfair dismissal – section 100 Employment Rights Act 1996 The Claimant was a bus operator, operating out of the Putney bus garage, who claimed he had suffered detriment and automatic unfair dismissal on health and safety grounds under Sections 44 and 100 Employment Rights Act 1996 (‘the ERA’). These claims were … Continue reading Castano v London General Transport Services Ltd (Victimisation Detriment Health and Safety): EAT 29 Oct 2019

Lord Johnston considered the approach to be taken under section 98A: ‘In seeking to resolve this matter, it is necessary to make two observations of a general nature. In the first place, when an industrial tribunal is addressing the question in the context of remedy, against a background of procedural unfairness, whether a fair procedure … Continue reading Fisher v California Cake and Cookie Co: 1997

The transfer of an undertaking involved a series of acts which need not occur at the same time and the time of such transfer must be construed flexibly to reflect the period of time over which the transfer actually occurs. Citations: Times 10-Sep-1998, Gazette 30-Sep-1998, [1998] EWCA Civ 1294, [1998] IRLR 577, [1998] 4 All … Continue reading Clark Tokeley Ltd (T/a Spell Brook Ltd) v Oakes and others: CA 27 Jul 1998

UNFAIR DISMISSAL WHISTLEBLOWING, PROTECTED DISCLOSURES CONTRACT OF EMPLOYMENT The employment tribunal found that the Claimant had been unfairly dismissed, contrary to section 94 of the Employment Rights Act 1996 (‘the ERA’), and wrongfully dismissed, but had not been automatically unfairly dismissed, contrary to section 103A of the ERA. On the Respondent employer’s appeal from the … Continue reading University Hospitals Birmingham NHS Foundation Trust v Reuser (Unfair Dismissal – Whistleblowing, Protected Disclosures): EAT 1 May 2020

The claimant had been awarded damages for unfair constructive dismissal. The employer appealed an award of damages for the period prior to the acceptance by the employee of the repudiatory breach. Held: Where a claimant’s losses arose before the dismissal actually occurred, she might have a separate claim for damages, but that claim was only … Continue reading GAB Robins (UK) Ltd v Triggs: CA 30 Jan 2008

The court considered the dismissal by an employer of an employee for a disciplinary offence when he would not have been dismissed but for an earlier warning which had expired. Held: The company’s appeal succeded. The court summarised the balance as follows: ‘On the one hand, if the employer has chosen to impose a time-limited … Continue reading Airbus UK Ltd v MG Webb: CA 7 Feb 2008

The employer appealed findings of constructive dismissal after two of its immigration officers had refused to be moved under mobility clauses in their contracts, rather than be made redundant. Held: The appeal succeeded. The question was not the Home Office’s motive for its change of mind, but whether it was legally entitled to invoke the … Continue reading Home Office v Evans and Laidlaw: CA 2 Nov 2007

When a one year fixed term employment contract was extended by a period of less than a year, but then not again renewed, there was no unfair dismissal, since the exemption for the original term applied also to any extension. There had been conflicting interpretations of the statutory provisions. S197 could not be construed on … Continue reading British Broadcasting Corporation v Kelly-Phillips: CA 24 Apr 1998

The employees, registered market porters, appealed against reversal of the Tribunal’s judgment that the employer had made unlawful deductions from their wages. The deductions purported to have been authorised under collective agreements from the 1970s. The employers dedcuted porterage charges from the stall holders, and distributed the charge among all the porters, saying that the … Continue reading Hay and Others v Gilgrove Ltd and Others: CA 26 Apr 2013

EAT CONTRACT OF EMPLOYMENT – Damages for breach of contract The Tribunal awarded to the unfairly dismissed Claimant compensation for failure to pay any money to her during a 4 week notice period. The award was made under sections 86 to 88 of the ERA 1996. However the statutory minimum period of notice under section … Continue reading Milson v Hope: EAT 7 Mar 2013

EAT JURISDICTIONAL POINTS – Working outside the jurisdiction WORKING TIME REGULATIONS – Holiday pay The approach to determining whether an employee of British company who works and lives abroad falls within the territorial scope of the Employment Rights Act 1996 section 94(1) has been developed since Lawson v Serco Ltd [2006] ICR 250. The question … Continue reading Dhunna v Creditsights Ltd: EAT 3 Apr 2013

EAT JURISDICTIONAL POINTS – Extension of time: reasonably practicableWhere a Claimant has retained a solicitor to act for him and failed to meet the deadline for presenting a complaint of unfair dismissal to an Employment Tribunal, the adviser’s fault will defeat any attempt to argue that it was not reasonably practicable to make a timely … Continue reading El-Kholy v Rentokil Initial Facilities Services (UK) Ltd: EAT 21 Mar 2013

The claimant school teacher had been dismissed, after a finding that she had assaulted a pupil. She denied the assualt. Held: The School’s appeal against the decision of the EAT to re-instate the claim of unfair dismissal succeeded. The EAT had wrongly substituted its won veiw of the facts for that of the Tribunal. However … Continue reading Clarence High School and Another v Boardman: CA 15 Mar 2013

EAT UNLAWFUL DEDUCTION FROM WAGES – Industrial actionFirefighter objects to being asked to ‘act up’ as watch manager but continues to do so under protest – Eventually refuses to do so in the context of official industrial action being taken by colleagues, where refusal to act up forms part of the action called by the … Continue reading Norris and Others v London Fire and Emergency Planning Authority: EAT 8 Mar 2013

EAT VICTIMISATION DISCRIMINATION – Protected disclosureWhether Claimant may rely on post-termination protected disclosure in ‘whistleblowing’ claim under s.47B Employment Rights Act 1996. He can. Appeal allowed against Employment Tribunal Judgment to the contrary. Judges: Peter Clark J Citations: [2013] UKEAT 0407 – 12 – 2501 Links: Bailii Statutes: Employment Rights Act 1996 47B Jurisdiction: England … Continue reading Onyango v Berkeley (T/A Berkeley Solicitors): EAT 25 Jan 2013

EAT REDUNDANCY PRACTICE AND PROCEDURE – Bias, misconduct and procedural irregularity The Claimant worked as an Accountant in the Respondent’s Children and Families Directorate. The Employment Tribunal was correct to find that a redundancy situation was created when the Respondent reorganised the Directorate and introduced requirement for skills the Claimant was not considered to have. … Continue reading Barot v London Borough of Brent: EAT 17 Jan 2013

The claimant succeeded in her claim for unfair dismissal, but now appealed against the reversal of the decision by the EAT. She had been dismissed for incapability to which she had contributed by her conduct. She had refused a move to another bank of the branch which would upset her child care arrangements. She was … Continue reading McAdie v Royal Bank of Scotland: CA 31 Jul 2007

EAT UNLAWFUL DEDUCTION FROM WAGESThe Claimants claimed that the Respondent had wrongly evaluated their jobs under the applicable job evaluation scheme. They contended that properly evaluated they would have been awarded higher scores entitling them to a higher Grade, (Grade 7 or 8). They brought claims for deduction from wages under the Employment Rights Act … Continue reading Kingston Upon Hull City Council v Schofield and Others: EAT 6 Nov 2012

The employee appealed against a decision rejecting her claim that the employer had made an unlawful deduction from her salary. Judges: Browne-Wilkinson J Citations: [2007] EWCA Civ 761, [2007] IRLR 777, [2007] ICR 167 Links: Bailii Statutes: Employment Rights Act 1996 13 Jurisdiction: England and Wales Citing: Cited – Jones v Associated Tunnelling Co Ltd … Continue reading Luke v Stoke-On-Trent City Council: CA 24 Jul 2007

Appeal against dismissal of claim of unauthorised deduction from wages. Judges: Sir Igor Judge P, Moore-Bick LJ, Sir Peter Gibson Citations: [2007] EWCA Civ 714 Links: Bailii Statutes: Employment Rights Act 1996 13 Jurisdiction: England and Wales Citing: Appeal from – Camden Primary Care Trust v Atchoe EAT 22-Aug-2006 EAT Unlawful Deduction from Wages – … Continue reading Camden Primary Care Trust v Atchoe: CA 9 May 2007

EAT PRACTICE AND PROCEDURE – Time for appealingJURISDICTIONAL POINTS – Excluded employmentsThe Claimant, a former soldier, resigned and claimed constructive unfair dismissal and breach of contract in the Employment Tribunal. It declined jurisdiction: Employment Rights Act 1996 ss191-2 disapply the Act to the armed forces. The Claimant received clear legal advice to that effect but … Continue reading Booley v British Army Mod: EAT 19 Jul 2012

EAT VICTIMISATION DISCRIMINATION – Protected disclosureTribunal entitled to decide on the facts that the employee’s belief that his disclosure tended to show matters of the kind specified under section 43B (1) of the Employment Rights Act 1996 was not reasonable. Judges: Underhill P J Citations: [2010] UKEAT 0167 – 10 – 2406 Links: Bailii Statutes: … Continue reading Easwaran v St George’s University of London: EAT 24 Jun 2010

EAT CONTRACT OF EMPLOYMENTWhether establishedImplied term/variation/construction of termThe Employment Tribunal erred in holding that the agreement reached between the Respondent and Trade Unions for the third year of a three year pay deal was not legally enforceable because it gave the employer two options for the pay increase to be awarded with no agreement as … Continue reading Anderson and Others v London Fire Emergency Planning Authority: EAT 19 Jul 2012

VICTIMISATION DISCRIMINATION – Whistleblowing PRACTICE AND PROCEDURE – Perversity The Claimant was a worker employed by the Respondent on a temporary assignment. On 14 March 2017, the Respondent terminated the assignment with immediate effect. There had been a meeting the previous day between the Claimant and one of the Respondent’s managers. The Claimant had made … Continue reading Riley v Belmont Green Finance Ltd (T/A Vida Homeloans) (Victimisation Discrimination- Whistleblowing- Perversity): EAT 13 Mar 2020

EAT UNFAIR DISMISSAL Employment Rights Act 1996, section 98(4) Fairness of dismissal Before the Employment Tribunal it was agreed that the Claimant was dismissed for the potentially fair reason of redundancy. It was disputed that the test of fairness was satisfied. The Claimant alleged that he was the highest scoring applicant for a new post, … Continue reading Cumbria Partnership NHS Foundation Trust v Steel: EAT 17 May 2012

The claimant had been chief executive and a director of the respondent for many years, but was dismissed upon it being taken over. His contract of employment as chief executive provided that it was to be coterminous with his appointment as director. Held: The tribunal were not wrong in law in identifying the reason and … Continue reading Kenneth Cobley v Forward Technology Industries Plc: CA 14 May 2003

The claimant sought damages for the consequences of having been suspended from work as a teacher. He later recovered damages for unfair dismissal, and the court had struck out his claim for damages over and above those already awarded. Held: There is no absolute bar against a claim for damages not covered by the Employment … Continue reading McCabe v Cornwall County Council, The Governing Body of Mounts Bay School: CA 23 Dec 2002