EAT Transfer of Undertakings – Where, in connection with a transfer, the transferee directs the transferor to dismiss an employee in the claim that she had previously taken the transferee to an Employment Tribunal, the employee has a claim under s104 of the Employment Rights Act 1996 against the transferee. Citations: [2008] UKEAT 0616 – … Continue reading Perry’s Motor Sales Ltd and Another v Lindley: EAT 2 May 2008

EAT Practice and Procedure – Striking-out/dismissalUnfair Dismissal – Automatically unfair reasonsEmployment Tribunal failed to properly analyse the relevant questions which it had to ask itself in order to decide whether or not there was an automatically unfair dismissal under s.104 Employment Rights Act 1996. In particular it failed to ask itself (a) whether Appellant was … Continue reading Danlardy v Southwark Race Equalities Council: EAT 19 May 2006

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

UNFAIR DISMISSAL; Reason for dismissal; band of reasonable responses; investigation. In a claim of unfair dismissal, the reason for dismissal relied upon by the employer in terms of section 98 of the Employment Rights Act, 1996 ‘(ERA’) was ‘conduct’. The evidence suggested that the employer had considered a range of matters all of which related … Continue reading Tesco Stores Ltd v S (Unfair Dismissal): EAT 1 Apr 2021

Practice and Procedure – Striking Out of Claims PRACTICE AND PROCEDURE – Imposition of Deposit PRACTICE AND PROCEDURE – Amendment of Notice of Appeal 1. The Employment Tribunal was correct to refuse to strike out the claim of unfair dismissal under s.104 of the Employment Rights Act 1996. It was entitled to make a deposit … Continue reading Adams v Kingdom Services Group Ltd: EAT 11 Dec 2019

EAT Victimisation Discrimination: Dismissal – Whether the Employment Tribunal’s determination that dismissal was not automatically unfair under section 103A Employment Rights Act 1996 because the person who decided to dismiss was misled by the Claimant’s line manager (to whom she had made a protected disclosure) who engineered her dismissal because she had done so was … Continue reading Royal Mail Group Ltd v Jhuti: EAT 19 May 2016

EAT UNFAIR DISMISSALReasonableness of dismissalS.98A(2) Employment Rights Act 1996The new Employment Tribunal on remission from the EAT correctly found the Claimants were unfairly dismissed for redundancy. It correctly construed s 98A(2) as not applicable where the Respondent failed to complete Step 2 of the SDDP: Davies applied. Judges: McMullen QC J Citations: [2011] UKEAT 0407 … Continue reading Peninsula Business Services Ltd v Rees and Others: EAT 21 Apr 2011

EAT JURISDICTIONAL POINTS – Worker, employee or neitherAppeal by an Army Cadet Force Adult Instructor from the judgment of an Employment Judge sitting alone that he was a volunteer and not in ’employment’ as defined by s68(1) Disability Discrimination Act 1995 as amended. Appeal dismissed. The Employment Judge was correct as his factual findings were … Continue reading Breakell v West Midlands Reserve Forces’ and Cadets’ Association Named As Shropshire Army Cadet Force: EAT 11 Apr 2011

EAT JURISDICTIONAL POINTS – Extension of time: reasonably practicableIt was not reasonably practicable for the Claimant to present his unfair dismissal claim in 3 months. But by waiting a further 11 days he went beyond a reasonable period: Employment Rights Act 1996 s111(2). The authorities on ‘reasonably practicable’ for primary limitation, and fault of advisers, … Continue reading Lezo v OCS Group UK Ltd: EAT 21 May 2010

EAT UNFAIR DISMISSAL: Constructive dismissalWhether fundamental breach of implied term of trust and confidence cured, so that the Claimant’s resignation did not amount to constructive dismissal.Whether the range of reasonable responses test has any place in the question as to whether an employee has been constructively dismissed. Fairbrother and Claridge considered and not followed.General observations … Continue reading Bournemouth University Higher Education Corp v Buckland: EAT 8 May 2009

The applicant had been a head teacher. She claimed unfair dismissal. The respondents claimed that they were not her employers. The school was a community school. Held: The governors should have been the correct respondents. They held the powers consistent with the power to dismiss. A constructive dismissal claim should not be treated differently on … Continue reading Kent County Council v Green: CA 23 Jan 2004

PRACTICE AND PROCEDURE – Amendment PRACTICE AND PROCEDURE – Case management UNFAIR DISMISSAL – Automatically unfair reasons The Claimant, who had less than two years’ service, had sought to pursue claims of unfair dismissal and discrimination before the Employment Tribunal. In resisting an application to strike out his claim of unfair dismissal, the Claimant had … Continue reading Andruhovics v Sapient Ltd: EAT 18 May 2018

UNFAIR DISMISSAL – Automatically unfair reasons On the true construction of section 104(1)(b) of the Employment Rights Act 1996, there must be an allegation by an employee that there has been an infringement of a statutory right, not merely that the employer may, or will, or threatens to, or intends to infringe such a right. … Continue reading Spaceman v ISS Mediclean Ltd (T/A ISS Facility Service Healthcare): EAT 19 Oct 2018

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

EAT Unfair Dismissal: Contributory Fault – The Employment Tribunal found that the Claimant had been unfairly dismissed but also that he ’caused or contributed to his dismissal by 100%’ and made no basic or compensatory award. It erred in law and gave insufficient reasons in its application of section 122(2) and section 123(1) and (6) … Continue reading Allen v Queen Mary University of London: EAT 11 Apr 2016

EAT UNFAIR DISMISSAL Automatically unfair reasons Contributory fault Whether the Employment Tribunal was entitled to find that dismissal was for an inadmissible reason under section 152 Trade Union and Labour Relations (Consolidation) Act 1992 / section 104 Employment Rights Act 1996. They were. Whether the Employment Tribunal finding as to the reason for dismissal precluded … Continue reading Arriva London South Ltd v Graves (Unfair Dismissal: Automatically Unfair Reasons): EAT 3 Jul 2015

EAT Contract of Employment : Itemised Pay Statement – Where a payment by way of salary or wages for a period is reduced by the recovery of an overpayment in a previous period, that reduction is a ‘deduction’ for the purposes of section 8 of the Employment Rights Act 1996. The deduction and its purpose … Continue reading Ridge v Her Majesty’s Land Registry: EAT 23 Sep 2014

EAT CONTRACTS OF EMPLOYMENT Written Particulars The employment tribunal can reformulate the juridical basis of a complaint so long as the facts upon which the complaint is based remain the same and the other party suffers no prejudice; Chapman v Simon distinguished; Dr P Evans v Parasol Ltd and RSA Consulting Ltd considered. The employment … Continue reading Southern Cross Healthcare Co Ltd v Perkins and Others: EAT 21 Apr 2010

EAT Jurisdictional Points : Extension of Time: Reasonably Practicable – Extension of time – reasonably practicable – section 111(2)(b) Employment Rights Act 1996 The Claimant sought to pursue a complaint of automatic unfair dismissal under section 104 ERA 1996 (alleging the reason for her dismissal was her assertion of a statutory right, namely the right … Continue reading Paczkowski v Sieradzka: EAT 19 Jul 2016

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 . .