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
The tribunal set out the test for whether a dismissal was for redundancy: ‘Free of authority, we understand the statutory framework . . involve a three-stage process: (1) was the employee dismissed: If so, (2) had the requirements of the employer’s business for employees to carry out work of a particular kind ceased or diminished, … Continue reading Safeway Stores Plc v Burrell: EAT 24 Jan 1997
Citations: [1998] UKEAT 863 – 98 – 0110 Links: Bailii Jurisdiction: England and Wales Cited by: See Also – Foley v Post Office EAT 1-Mar-1999 . .See Also – Foley v Post Office; HSBC Bank Plc (Formerly Midland Bank Plc) v Madden CA 31-Jul-2000 When an Employment Tribunal looked at whether a dismissal was reasonable, … Continue reading Foley v Post Office: EAT 1 Oct 1998
Mrs Nolan had been employed at a US airbase. When it closed, and she was made redundant, she complained that the appellant had not consulted properly on the redundancies. The US denied that it had responsibility to consult, and now appealed. Held: The appeal failed (Lord Carnworth dissenting). That the exact situation might not have … Continue reading The United States of America v Nolan: SC 21 Oct 2015
The claimant appealed against the dismissal of his unfair dismissal application. Not having two years continuous employment he had claimed the protection of section 100 as a whistleblower, but the Tribunal had found that there had been a Health and Safety Committee where he could have made known his concerns about the long hours being … Continue reading Jackson v ICS Group of Companies Ltd: EAT 22 Jan 1998
Whether the Applicant, was unfairly dismissed by the Respondent solicitors, for asserting a statutory right, contrary to Section 104 of the 1996 Act.T he Applicant now appealed against rejection of her claim. The Tribunal went on to find that the Respondent had made an unauthorised deduction from wages amounting to andpound;15 and awarded her that … Continue reading McPartland v Pybus: EAT 11 May 1999
The defendant appealed against the strike out of parts of its defence. The claimant was employed as the mosque director and imam. He had brought an action in the Industrial Tribunal alleging wrongful dismissal, but notifying the defendants that any excess above what the tribunal could order would be sought in the current action. That … Continue reading Sajid v Sussex Muslim Society: CA 2 Oct 2001
The claimant had ‘neither pleaded nor shown any damage to him during the course of his employment which resulted from his employer’s conduct. The only damage which is demonstrated is that which followed from his dismissal and, arguably, the manner of his dismissal. That damage if it exists has been held in Johnson to be … Continue reading Boardman v Copeland Borough Council: CA 13 Jun 2001
DISABILITY DISCRIMINATION – Compensation DISABILITY DISCRIMINATION – Loss/mitigation DISABILITY DISCRIMINATION – Burden of proof The Law Reform (Contributory Negligence) Act 1945 can apply to some discrimination claims, but reduction of an award for contributory negligence would rarely, if ever, be justified because of the difficulties in applying the concept of ‘fault’ to the victim of … Continue reading First Greater Western Ltd and Another v Waiyego: EAT 6 Dec 2018
The claimant alleged that she had been dismissed for making qualifying disclosures about her employers. The employer said that her actions had not been in good faith. The claimant answered that her motive was irrelevant. The claimant appealed dismissal of her claim. Held: The minimum requirement of the Act was that the disclosures were made … Continue reading Street v Derbyshire Unemployed Workers’ Centre: CA 21 Jul 2004
The claimant sought damages following his dismissal to include a sum to reflect the manner of his dismissal and the distress caused. Held: The remarks of Lord Hoffmann in Johnson -v- Unysis were obiter. The court could not, under the section, include any element for a non-financial loss, such as injury to feelings arising from … Continue reading Dunnachie v Kingston-upon-Hull City Council: HL 15 Jul 2004
The employee had been dismissed. He began a claim for unfair dismissal, but also appealed within his employers’ procedure, accepting a demotion. The tribunal then found that he had not been dismissed. Held: There had been no dismissal. Had he not been re-instated, his dismissal would have ben unfair, but the appeal decision did not … Continue reading Roberts v West Coast Trains Ltd: CA 16 Jun 2004
The claimant had been dismissed after being accused of taking a staff car to France and having it impounded for suspected importation of cigarettes and alcohol above personal use limits. Held: ‘It is a basic proposition, whether in criminal or disciplinary proceedings, that the charge against the defendant or the employee facing dismissal should be … Continue reading Strouthos v London Underground Ltd: CA 18 Mar 2004
EAT Unfair Dismissal – Reason for dismissal including substantial other reason Judges: His Hon Judge Ansell Citations: UKEAT/644/03, [2004] UKEAT 0644 – 03 – 2301 Links: Bailii, EAT Cited by: Cited – Fecitt and Others v NHS Manchester EAT 23-Nov-2010 EAT VICTIMISATION DISCRIMINATION – Protected disclosureS.47B of the Employment Rights Act 1996 provides that ‘A … Continue reading Virgo Fidelis Senior School v Kevin Boyle: EAT 11 Dec 2003
The Court found the probationer police constable to have been unlawfully induced to resign, but the court could not order his reinstatement. A power must be exercised by the precise person or body stated in the statute. Though courts may review the way in which decisions are reached, they will respect the margin of appreciation … Continue reading Chief Constable of the North Wales Police v Evans: HL 1982
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
The claimant Reynolds challenged the differential treatment by age of jobseeker’s allowance. Carson complained that as a foreign resident pensioner, her benefits had not been uprated. The questions in each case were whether the benefit affected a ‘possession’ within the Convention or the discrimination was arbitrary so as to breach the applicants human rights. Held: … Continue reading Carson and Reynolds v Secretary of State for Work and Pensions: CA 17 Jun 2003
News Group Newspapers Ltd had been joined as a party, in order that it could argue the obvious public interest relating to the importance, which has long been accepted in the courts, of the interest, not just of the press but of the public generally, in freedom of reporting and openness in court hearings. Discrimination … Continue reading Chessington World of Adventures Ltd v Reed: EAT 27 Jun 1997
Section 94(1) of the 1996 Act did not apply to protect a British national locally engaged to work in the British Embassy in Rome. Judges: Burton P J Citations: EAT/174/02, [2003] EAT 174 – 02 – 1003, [2003] UKEAT 174 – 02 – 1003 Links: Bailii, Bailii, EAT Statutes: Employment Rights Act 1996 94(1) Cited … Continue reading Bryant v The Foreign and Commnonwealth Office: EAT 10 Mar 2003
The applicant appealed striking out of her employment claims against the respondent. She had been made bankrupt after lodging her appeal to the EAT, and the EAT had held that she lacked standing to pursue her claim. Held: Employment claims are in their essential nature personal and not proprietary, and did not vest in the … Continue reading Grady v HM Prison Service: CA 11 Apr 2003
EAT Unfair Dismissal – OtherThe employer appealed a finding of unfair dismissal and disability discrimination. She suffered an apparently minor injury, but which led to long standing disability with varying diagnoses. The company doctor came to consider it would be a long time before she could return. She was dismissed for capability. Held: There was … Continue reading Gate Gourmet v J B Jangra: EAT 12 Dec 2000
The claimant solicitor had alleged disability discrimination, but several months later applied to amend his claim, to include a claim for unfair dismissal. The respondent appealed permission to do so. Held: The EAT was being asked to interfere with the exercise of a discretion, and faced a high hurdle. The tribunal should look at what … Continue reading Swiss Re Life and Health Ltd v A H Kay: EAT 11 Jul 2002
PC (Bermuda) The courts should be reluctant to accept a fetter on the employer’s right to dismiss on notice where there is an express term in the contract empowering the employer to do so. Lord Millet considered the contention that the employer was duty bound to preserve the relationship of trust and confidence: ‘which ought … Continue reading Reda, Abdul-Jalil v Flag Limited: PC 11 Jul 2002
The complainant was a post office employee. He brought a claim for unfair dismissal, but he posted it at a time when in the normal course of delivery, it would not arrive. He claimed to be unaware of the normal times for delivery. Held: It was for the claimant to establish that his case fell … Continue reading Consignia Plc v Russell Sealy: CA 19 Jun 2002
The claimant sought damages for sex discrimination after her summary dismissal. Though she received some advice, her application was lodged out of time. For the unfair dismissal and unlawful deductions claims, the test was whether it had been reasonably practicable to act within the time limits, but for the sex discrimination claim, the test was … Continue reading Six Continents Retail Ltd (Formerly Bass Taverns Limited T/A Bass Leisure Retail) v Hughes: EAT 19 Apr 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
The claimant sought repayment of sums he claimed were unlawfully deducted from his salary. He had been off sick for an extended period, and had been paid only half salary. He said that the injury was a qualifying industrial accident. Medical evidence suggested it related back to degeneration which started before he had begun to … Continue reading Mohammed v London Borough of Camden: EAT 11 Oct 2001
In a case alleging indirect sex discrimination in the differing rules denying entitlement to redundancy payments for men over 65, the tribunal should be ready to look at a wide range of statistics. The test is whether the rule imposed some condition which could be met only by a substantially smaller proportion of one sex … Continue reading Harvest Town Circle Ltd v Rutherford: EAT 10 Jul 2001
UNFAIR DISMISSAL – Reason for dismissal including substantial other reason UNFAIR DISMISSAL – Contributory fault UNFAIR DISMISSAL – Reasonableness of dismissal UNFAIR DISMISSAL – Procedural fairness/automatically unfair dismissal The Appeal Tribunal allowed the employer’s appeal against the conclusion that the employee had been unfairly dismissed, and remitted the claim to the Employment Tribunal for reconsideration. … Continue reading Camden and Islington NHS Foundation Trust v Uddin: EAT 11 Dec 2018
The claimant journalist sought disclosure of papers acquired by the respondent in its conduct of enquiries into the charitable Mariam appeal. The Commission referred to an absolute exemption under section 32(2) of the 2000 Act, saying that the exemption continued until the papers were destroyed, or for 20 years under the 1958 Act. Held: The … Continue reading Kennedy v The Charity Commission: SC 26 Mar 2014
The claimant, who was disabled, said that his Article 8 rights were infringed because, in breach of Italian law, there were no facilities to enable him to get to the sea when he went on holiday. Held: ‘Private life . . includes a person’s physical and psychological integrity; the guarantee afforded by Article 8 of … Continue reading Botta v Italy: ECHR 24 Feb 1998
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
To exclude a child from school for as long as his parents refused to let him be beaten ‘cannot be described as reasonable and in any event falls outside the State’s power of regulation in article 2’. The Convention protects only religions and philosophies which are ‘worthy of respect in a ‘democratic society’ and are … Continue reading Campbell and Cosans v The United Kingdom: ECHR 25 Feb 1982
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
It is a basic principle of European Union law that national law should provide effective legal protection, by establishing a system of legal remedies and procedures which ensure respect for the relevant European law right: ‘For the purposes of applying those principles, each case which raises the question whether a national procedural provision renders application … Continue reading Peterbroeck, Van Campenhout and Cie v Belgian State: ECJ 14 Dec 1995
Unfair Dismissal – reasonableness of the decision to dismiss – section 98(4) Employment Rights Act 1996 The Claimants had been dismissed for failing to comply with the Respondent’s fire safety policy. Rather than each signing-in and out when they came on, or left, site, Mr Gaskell would sign for both. The Respondent took the view … Continue reading Wilko Retail Ltd v Gaskell and Another: EAT 22 Nov 2018
An employee’s job ceased, but he continued to be employed by the same employer on different tasks, but the new arrangement was void as ultra vires. The question arose as to whether his employment had been terminated at the time of the change in such a way as to affect his pension rights under the … Continue reading Eastbourne Borough Council v James Foster: CA 11 Jul 2001
The employer had withheld ten per cent of the claimant’s wages, Employees worked in teams cleaning windows in office blocks. The team agreed how the fee for the block would be divided. The employer reduced its fees to customers, and accordingly the sums paid to the employees. It now appealed a finding of an unlawful … Continue reading New Century Cleaning Co Ltd v Church: CA 26 Mar 1999
The defendant appealed a finding of the EAT that the claimant had standing to claim discrimination under the Act in the way her application to be a foster mother had been treated. Held: After the EAT decision in W v Essex, it was clear that the relation ship between the council and a foster parent … Continue reading Rowlands v City of Bradford Metropolitan District Council: CA 26 Mar 1999
A Local Authority had a duty of care to a fostering family when allocating children. A child was known to have a history of sexual abuse and was fostered with a family with other children, and no warning had been given.Foster parents sued the council for breach of contract and for alleged negligence for breach … Continue reading W 1-6 v Essex County Council and Another: CA 2 Apr 1998
The claimant had sought damages against his employer, saying that they had failed in their duty to him under the 1997 Act in failing to prevent harassment by a manager. He appealed a strike out of his claim. Held: The appeal succeeded. The issue is whether an employer may be vicariously liable under section 3 … Continue reading Majrowski v Guy’s and St Thomas’ NHS Trust: CA 16 Mar 2005
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
The Tribunal had been entitled to find on the evidence that an employee unfairly dismissed by reason of sex would have been fairly dismissed for misconduct six months later in any event because of her antagonistic and intransigent attitude. The court considered whether damages for unfair dismissal could include an element of compensation for injured … Continue reading O’Donoghue v Redcar and Cleveland Borough Council: CA 17 May 2001
The applicant was recruited in Saudi Arabia in 1986 as a flight attendant under a contract expressed to be subject to Saudi Arabian law. After being trained in Jeddah, and then employed in India for four years, she was transferred to be based in London, from which all her tours of duty as a flight … Continue reading Carver (Nee Mascarenhas) v Saudi Arabian Airlines: CA 17 Mar 1999
The House faced two questions regarding the protection given by the Regulations: ‘whether the dismissed employee can compel the transferee to employ him or whether he is given the right to enforce as against the transferee such remedies under national law as he could have enforced against the transferor.’ and ‘whether, if despite dismissal they … Continue reading Wilson and Others v St Helens Borough Council; Meade and Another v British Fuels Ltd: HL 29 Oct 1998
EAT Jurisdiction Judges: His Hon Judge J Altman Citations: EAT/18/02 Links: EAT Statutes: Employment Rights Act 1996 196 Jurisdiction: England and Wales Cited by: Appeal from – Serco Ltd v Lawson and Foreign and Commonwealth Office CA 23-Jan-2004 The applicant had been employed to provide services to RAF in the Ascension Islands. He alleged constructive … Continue reading Lawson v Serco Ltd: EAT 12 Dec 2002
An employee did not return to work after a presentation to him of a good service award, because he had drunk alcohol. A new policy required staff not to return to work after consuming alcohol, but had also said that alcohol would not be provided. Held: The tribunal had failed to look properly at how … Continue reading Haddon v Van Den Bergh Foods Ltd: EAT 10 Nov 1999
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 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
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
The appellants resisted disclosure to the revenue of advice it had received. It claimed legal advice privilege (LAP), though the advice was from its accountants. Held: (Lords Sumption and Clarke dissenting) LAP applies to all communications passing between a client and its lawyers, acting in their professional capacity, in connection with the provision of legal … Continue reading Prudential Plc and Another, Regina (on The Application of) v Special Commissioner of Income Tax and Another: SC 23 Jan 2013
EAT Employees of an unincorporated charitable association are employed by the management committee or other similar body within the association, and not by the members of the association at large. The employees have continuity of employment despite any change in the constitution of the committee. In practice such actions should be brought against a representative … Continue reading Affleck and Others v Newcastle Mind and Others: EAT 10 Mar 1999
The House was asked whether a particular transaction was ‘an adventure in the nature of trade’. Held: Although the House accepted that this was ‘an inference of fact’, on the primary facts as found by the Commissioners ‘the true and only reasonable conclusion’ contradicted that decision. The House set out principles for establishing that decisions … Continue reading Edwards (Inspector of Taxes) v Bairstow: HL 25 Jul 1955
The employee was a whistleblower, but her manager in response bullied her and dismissed her on the grounds of alleged poor performance. J suffered stress and was away from work and unable to defend herself. The decision maker, acting honestly dismissed her. The Court of Appeal allowed the appeal holding that that a tribunal required … Continue reading Royal Mail Group Ltd v Jhuti: SC 27 Nov 2019
The claimants said that they had been tortured by Saudi police when arrested on false charges. They sought damages, and appealed against an order denying jurisdiction over the defendants. They said that the allegation of torture allowed an exception to state immunity. Held: The Kingdom’s appeal succeeded. The protection of state immunity was essentially a … Continue reading Jones v Ministry of Interior for the Kingdom of Saudi Arabia and others: HL 14 Jun 2006
UNLAWFUL DEDUCTION FROM WAGES CONTRACT OF EMPLOYMENT – Implied term/variation/construction of term The Claimant was given a small shareholding in her employer as a condition of its sale to the Respondent and sold the shares to them under a Share Purchase Agreement. Part of the consideration for the shares were deferred earn-out shares and loan … Continue reading Nosworthy v Instinctif Partners Ltd: EAT 28 Feb 2019
The deceased’s adult son sought provision from the intestate estate. The sole beneficiary under the rules was the plaintiff’s mother. The estate was modest; the intestate’s interest in his house (he had been living there with the plaintiff). The widow was found to have a one third interest in it. The judge took the disposable … Continue reading In Re Coventry (deceased): CA 3 Jan 1979
ex turpi causa non oritur actio A claim was made for the price of goods which the plaintiff sold to the defendant in Dunkirk, knowing that the defendant’s purpose was to smuggle the goods into England. The plaintiff was met with a defence of illegality. Held: The defence failed. Knowledge on the part of the … Continue reading Holman v Johnson: 5 Jul 1775
The applicant had worked as a waitress for the company, working as they requested, and also at her own option. She claimed the right to paid leave under the working time regulations. The tribunal found that she had been continuously employed for 13 weeks. The regulations required that the relationship be governed by a contract … Continue reading Voteforce Associates Ltd v K Quinn: EAT 30 Jul 2001
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
Exemplary Damages Award in Defamation The plaintiff had been awarded damages for defamation. The defendants pleaded justification. Before the trial the plaintiff gave notice that he wanted additional, exemplary, damages. The trial judge said that such a claim had to have been pleaded. The Court of Appeal had considered Rookes -v- Barnard to have been … Continue reading Cassell and Co Ltd v Broome and Another: HL 23 Feb 1972
DISABILITY DISCRIMINATION – Reasonable adjustments UNFAIR DISMISSAL – Constructive dismissal Disability discrimination – reasonable adjustments – sections 20 and 21 Equality Act 2010 Unfair dismissal – constructive dismissal – section 95 Employment Rights Act 1996 The Claimant, who had been employed by the Respondent as a Probation Service Officer (‘PSO’) from April 1999, was a … Continue reading Simpson v Secretary of State for Justice: EAT 29 Mar 2018
EAT Jurisdictional Points : Worker, Employee or Neither – The claimant asserted the right not to be unfairly dismissed. She had been an ordained minister in Full Connection of the Methodist church. Held: Leave to appeal granted. Judges: Keith J Citations: [2010] UKEAT 0219 – 10 – 2411 Links: Bailii Statutes: Employment Rights Act 1996 … Continue reading Moore v The President of The Methodist Conference: EAT 24 Nov 2010
A full-time a full-time chairman of industrial tribunals, a full time chairman of social security appeal tribunals, and a social security commissioner are workers within the meaning of the European legislation, even though, by domestic legislation they were statutory officers, and so excluded from protection. The word ‘worker’ has a special community meaning, and it … Continue reading Perceval-Price, and others v Department of Economic Development etc: CANI 12 Apr 2000
Jurisdictional Points: Worker, Employee or Neither – The Employment Judge made no error of law in concluding that District Judges are office-holders and do not also work under a contract of employment or for services. Judges: Simler DBE P J Citations: [2016] UKEAT 0087 – 16 – 3110, [2017] ICR 404, [2017] IRLR 23 Links: … Continue reading Gilham v Ministry of Justice: EAT 31 Oct 2016
The appellant, a part time recorder challenged his exclusion from pension arrangements. Held: The appeal was allowed. No objective justification has been shown for departing from the basic principle of remunerating part-timers pro rata temporis. ‘The reality is that recorders are expected to observe the terms and conditions of their appointment, and that they may … Continue reading O’Brien v Ministry of Justice: SC 6 Feb 2013
Minister was not an employee The claimant asserted unfair dismissal. The Conference said that as an ordained minister she was not an employee, and was outwith the jurisdiction of such a claim. Held: The Conference’s appeal succeeded (Baroness Hale dissenting). The essence of the arrangement between the Conference and a minister lay in the constitution … Continue reading Methodist Conference v Preston: SC 15 May 2013
No Condemnation Without Opportunity For Defence Ridge, a Chief Constable, had been wrongfully dismissed without being given the opportunity of presenting his defence. He had been acquitted of the charges brought against him, but the judge at trial had made adverse comments about his behaviour. He now accepted that he should leave, but sought to … Continue reading Ridge v Baldwin (No 1): HL 14 Mar 1963
Whether the respondent’s complaint of unfair dismissal was presented to the Industrial Tribunal within the time limit laid down in the Employment Rights Act 1996 s.111(2). Judges: The Honourable Mr Justice Keene Citations: [1997] UKEAT 233 – 97 – 2103 Links: Bailii Statutes: Employment Rights Act 1996 111(2) Jurisdiction: England and Wales Employment Updated: 09 … Continue reading Top Rank Ltd v Dowding: EAT 21 Mar 1997
The claimants, a Polish national and an Austrian national, appealed against decisions of the Court of Appeal upholding decisions that they were not entitled to certain benefits, namely income support and housing assistance respectively, pursuant to the provisions of United Kingdom domestic law. Held: The claimants’ appeals failed. When she applied, Ms Mirga was not … Continue reading Mirga v Secretary of State for Work and Pensions, Samin v Westminster City Council: SC 27 Jan 2016
UNFAIR DISMISSAL – Constructive dismissal The Appellant was dismissed with notice on the ground of capability arising from long-term medical absence. His claim for unfair dismissal was dismissed by the Employment Tribunal after a Full Hearing in 2014. The Employment Appeal Tribunal in 2016 concluded that, in its consideration of the reasonableness of the decision … Continue reading Fox v British Airways Plc: EAT 20 Nov 2017
The court reconsidered the law relating to penalty clauses in contracts. The first appeal, Cavendish Square Holding BV v Talal El Makdessi, raised the issue in relation to two clauses in a substantial commercial contract. The second appeal, ParkingEye Ltd v Beavis, raised the issue at a consumer level, with a separate issue under the … Continue reading Cavendish Square Holding Bv v Talal El Makdessi; ParkingEye Ltd v Beavis: SC 4 Nov 2015
EAT TRANSFER OF UNDERTAKINGS – Insolvency RIGHTS ON INSOLVENCY Two short questions of construction arise in an employer insolvency context concerning rights of employees to arrears of pay under Part XII ERA 1996. The first is whether a claim for equal pay arrears is a claim for ‘arrears of pay’, and in circumstances where the … Continue reading Graysons Restaurants Ltd v Jones and Others: EAT 7 Nov 2017
EAT PRACTICE AND PROCEDURE – Amendment Although the Claimant had apparently considered he might have been subjected to detriment and subsequently dismissed for making protected disclosures, when he lodged his ET claim he did not include such a claim but made complaints of unfair dismissal (under section 98 Employment Rights Act 1996) and unlawful race … Continue reading A B Conteh v First Security (Guards) Ltd: EAT 11 Sep 2017
EAT PRACTICE AND PROCEDURE The appeal concerns a challenge to a Preliminary Hearing Judgment holding that a number of discussions during meetings held on a without prejudice basis between the Appellant and the CEO of the Respondent prior to the termination of his employment were protected pursuant to section 111A(1) Employment Rights Act 1996 and/or … Continue reading Graham v Agilitas IT Solutions Ltd: EAT 12 Oct 2017
EAT Unfair Dismissal : Dismissal : Ambiguous Resignation – PRACTICE AND PROCEDURE – Application/claim – Amendment – Appellate jurisdiction/reasons/Burns-Barke – Unfair dismissal – dismissal – fixed-term employee – Practice and procedure – claim – application to amend – whether raised below – appellate jurisdiction – The Claimant, not legally trained and acting in person (assisted … Continue reading Ministry of Defence v Dixon: EAT 4 Oct 2017
EAT Jurisdictional Points : Working Outside The Jurisdiction – The Claimant was a UK appointed employee of the British Council, the Respondent, working abroad; he was ‘truly expatriate’ and he was not a civil servant. He was, however, employed under a contract of employment which expressly incorporated English law, entitled him to a Civil Service … Continue reading Jeffery v The British Council: EAT 25 Aug 2016
EAT Unlawful Deduction From Wages – CONTRACT OF EMPLOYMENT – Implied term/variation/construction of term The Respondent instructed the deduction of certain on-call payments to the Claimant, an Obstetrician and Gynaecologist employed to undertake both clinical and academic work, for a period during which he had refused to undergo certain health screening checks required of those … Continue reading Tattersall v Liverpool Women’s NHS Foundation Trust: EAT 20 Jul 2017
EAT DISABILITY DISCRIMINATION – Section 15 DISABILITY DISCRIMINATION – Reasonable adjustments UNFAIR DISMISSAL -Reasonableness of dismissal Disability discrimination – discrimination by means of unfavourable treatment because of something arising in consequence of disability – section 15 Equality Act 2010 Disability discrimination – discrimination by means of a failure to comply with a duty to make … Continue reading Birmingham City Council v Lawrence (Disability Discrimination): EAT 2 Jun 2017
EAT UNFAIR DISMISSAL – Reason for dismissal including substantial other reason UNFAIR DISMISSAL – Reasonableness of dismissal The Employment Judge erred in law in holding that to qualify as conduct within the meaning of section 98(2)(b) of the Employment Rights Act 1996 the conduct, in the view of the Tribunal, has to be culpable. The … Continue reading JP Morgan Securities Plc v Ktorza (Unfair Dismissal): EAT 11 May 2017
EAT JURISDICTIONAL POINTS – Claim in time and effective date of termination JURISDICTIONAL POINTS – Extension of time: reasonably practicable PRACTICE AND PROCEDURE – Costs PRACTICE AND PROCEDURE – Bias, misconduct and procedural irregularity Reconsideration – claim struck out as out of time – correct early conciliation notification and impact on time limit – whether … Continue reading Treska v The Master and Fellows of University and Another (Jurisdictional Points): EAT 21 Apr 2017
The respondent in the employment tribunal operated the Mytaxi App. From 2014 the claimant worked full time in business on his own account as a black-cab (Hackney Carriage) driver in London. In February 2017 he downloaded the driver version of the respondent’s App. Apart from the odd trip in April he did not start to … Continue reading Johnson v Transopco Uk Ltd (Worker Status): EAT 18 Jan 2022
EAT Transfer of undertaking – notification of employee liability information – regulation 11 TUPE Born had taken over a contract from Spire in circumstances that amounted to a service provision change for TUPE purposes. In providing information to Born prior to the transfer, Spire had stated that a non-contractual Christmas bonus was in place. Born … Continue reading Born London Ltd v Spire Production Services Ltd: EAT 28 Mar 2017
EAT Contract of Employment: Implied Term/Variation/Construction of Term -m UNLAWFUL DEDUCTION FROM WAGES The decision of the Court of Appeal in Southern Cross Healthcare Co Ltd v Perkins [2011] ICR 285 that the Employment Tribunal has no jurisdiction to construe a Statement of Written Particulars in a claim under Employment Rights Act 1996 (‘ERA’) section … Continue reading Agarwal v Cardiff University and Another: EAT 22 Mar 2017
The plaintiff, who worked in financial services, complained of the terms of the reference given by his former employer. Having spoken of his behaviour towards members of the team, it went on: ‘his former superior has further stated he is a man of little or no integrity and could not be regarded as honest . … Continue reading Spring v Guardian Assurance Plc and Others: HL 7 Jul 1994
(Hong Kong) The claimant deposited money with a licensed deposit taker, regulated by the Commissioner. He lost his money when the deposit taker went into insolvent liquidation. He said the regulator was responsible when it should have known of the difficulties. Held: The requirements for a duty of care were a foreseeability of harm, and … Continue reading Yuen Kun-Yeu v Attorney-General of Hong Kong: PC 1987
Rehearing/Review – Little Difference on Appeal The appellant asked the Court to reverse a decision on the facts reached in the lower court. Held: The appeal failed (Majority decision). The court’s approach should be the same whether the case was dealt with as a rehearing or as a review. Tanfern was limited to appeals from … Continue reading Assicurazioni Generali Spa v Arab Insurance Group (BSC): CA 13 Nov 2002
Smartphone App Contractors did so as Workers The court was asked whether the employment tribunal was entitled to find that drivers whose work was arranged through Uber’s smartphone application work for Uber under workers’ contracts and so qualify for the national minimum wage, paid annual leave and other workers’ rights; or whether, as Uber contended, … Continue reading Uber Bv and Others v Aslam and Others: SC 19 Feb 2021
EAT UNFAIR DISMISSALReasonableness of dismissalProcedural fairness/automatically unfair dismissalThe Employment Tribunal failed to consider the effect of S98A(2) of the Employment Rights Act 1996. Had it done so it would have been bound to find that had the Respondent followed a fair dismissal procedure the Claimant would have been dismissed in any event. Judges: Serota QC … Continue reading Punch Pub Company Ltd v O’Neill: EAT 23 Jul 2010
The respondent worked as a consultant for the appellant through an intermediary agency. When the arrangement was terminated, she had made a claim alleging an unauthorised deduction from her wages in repect of a contractual period of one month’s notice. RSA appealed against an order re-instating the case after it had been struck out. Held: … Continue reading RSA Consulting Ltd v Evans: CA 23 Jul 2010
EAT UNFAIR DISMISSAL – Automatically unfair reasons UNFAIR DISMISSAL – Reason for dismissal including substantial other reason The Employment Judge erred in holding that dismissal for storing and sharing confidential information for trade union purposes enjoyed the protection of Trade Union and Labour Relations (Consolidation) Act 1992 (‘TULRCA’) section 152. Finding of ‘automatic’ unfair dismissal … Continue reading Metrolink Ratpdev Ltd v Morris: EAT 15 Dec 2016
EAT (Unlawful Deduction From Wages) CONTRACT OF EMPLOYMENT – Damages for breach of contract The Employment Judge’s findings of fact and conclusions on the reason for dismissal and its fairness were permissible in light of the evidence and disclose no error of law. They are adequately reasoned. However, the Employment Judge misdirected himself in law … Continue reading Davies v Droylsden Academy: EAT 11 Oct 2016
EAT Unfair Dismissal : Reasonableness of Dismissal – An expired warning can be taken into account as part of the overall circumstances under section 98(4) Employment Rights Act 1996 when the ET is considering whether a dismissal was fair or unfair. The facts of the previous misconduct, the fact that a warning was given and … Continue reading Stratford v Auto Trail VR Ltd: EAT 31 Oct 2016
EAT Unfair Dismissal: Reason for Dismissal Including Substantial Other Reason – UNFAIR DISMISSAL – Reasonableness of dismissal REDUNDANCY – Definition REDUNDANCY – Fairness Reason for dismissal – unfair dismissal – statutory redundancy payment Fairness of dismissal – unfair dismissal Both Claimants were dismissed after the Respondent took the decision to close down the workplace in … Continue reading Kellogg Brown and Root (UK) Ltd v Ewer: EAT 21 Nov 2016
Unfair Dismissal: Reason for Dismissal Including Substantial Other Reason – UNFAIR DISMISSAL – Reasonableness of dismissal REDUNDANCY – Definition REDUNDANCY – Fairness Reason for dismissal – unfair dismissal – statutory redundancy payment Fairness of dismissal – unfair dismissal Both Claimants were dismissed after the Respondent took the decision to close down the workplace in which … Continue reading Kellogg Brown and Root (UK) Ltd v Fitton: EAT 21 Nov 2016
STATUTORY MATERNITY PAY – entitlement to SMP – termination of employment when going on maternity leave – conciliation by ACAS – whether COT3 agreement can compromise claim to SMP – held that SMP is payable – s203 Employment Rights Act 1996 – Section 164, Social Security Contributions and Benefits Act 1992 [2019] UKFTT 635 (TC) … Continue reading NVCS Ltd v Revenue and Customs (Statutory Maternity Pay – Entitlement To SMP): FTTTx 17 Oct 2019
EAT Disability Discrimination – Section 15 DISABILITY DISCRIMINATION – Justification UNFAIR DISMISSAL – Reasonableness of dismissal Appeal Disability discrimination – unfavourable treatment because of something arising from the consequences of disability – justification – section 15 Equality Act 2010 (‘EqA’) The Claimant – Head of English at a secondary comprehensive school operated by the Respondent … Continue reading City of York Council v Grosset: EAT 1 Nov 2016
EAT Unfair Dismissal : Contributory Fault – Unfair dismissal – compensatory award – reduction for conduct/contributory fault – ERA 1996 sections 122(2) (basic award) and 123(6) (compensatory award) The ET had originally found that the Claimant (a bus driver who was asked to undertake remedial driving training and assessment) had been dismissed for a reason … Continue reading Jinadu v Docklands Buses Ltd: EAT 31 Oct 2016
ECJ Unfair Dismissal: Reinstatement/Re-Engagement – Unfair dismissal – remedy – re-engagement – section 116 Employment Rights Act 1996 The Claimant was a long-serving Staff Nurse employed by the Respondent in AandE. During the course of a particularly stressful overnight shift, she had administered medication to four patients without prior prescription by a doctor and failed … Continue reading United Lincolnshire Hospitals NHS Foundation Trust v Farren: EAT 14 Nov 2016
EAT Unfair Dismissal: Reasonableness of Dismissal – Unfair dismissal – conduct dismissal taking into account previous final written warning – fairness of dismissal – section 98(4) Employment Rights Act 1996 The Claimant had been dismissed by reason of his conduct in making a false computer submission taken together with an extant final written warning for … Continue reading Perrys Motor Sales Ltd v Edwards: EAT 11 Nov 2016
