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
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
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
EAT JURISDICTIONAL POINTS – Claim in time and effective date of terminationClaimant given notice of dismissal subject to a right of appeal and on the basis that the employment would not terminate if she lodged an appeal by a prescribed deadline, which she was treated as having done – Claimant presents claim in advance of … Continue reading The Governing Body of Wishmorecross School v Balado: EAT 12 Jul 2011
mchoice_aaldersEAT2011 EAT JURISDICTIONAL POINTS – Claim in time and effective date of terminationThe employee was dismissed on notice expiring on 1 February 2011. On its expiry she would have had sufficient qualifying service to present a complaint of unfair dismissal. On 11 January 2011 during her period of notice she presented a complaint of unfair … Continue reading M-Choice UK Ltd v Aalders: EAT 10 Aug 2011
The applicant owned a bus company whose contract with the local education authority for the provision of school bus services was terminated after the disclosure by the police and the social services department of a past investigation into an allegation of indecent assault on the applicant’s daughter and of an earlier allegation of abuse when … Continue reading Regina v Local Authority and Police Authority in the Midlands ex parte LM: 2000
An industrial tribunal hearing conducted behind the locked doors of the chairman’s office was not held in public, even if, in fact, no member of the public was prevented from attending. The obligation to sit in public was fundamental, and the tribunal had no jurisdiction to conduct itself in this way. The industrial tribunal system … Continue reading Storer v British Gas plc: CA 25 Feb 2000
EAT The Claimant was employed on a fixed term contract. During the terms of the contract he was dismissed for misconduct and made an application to the Employment Tribunal (ET) claiming unfair dismissal. He appealed but the appeal was heard after the date when the contract would have expired by effluxion of time. The appeal … Continue reading Prakash v Wolverhampton City Council: EAT 1 Sep 2006
EAT Whether the Employment Tribunal Chairman misdirected himself in concluding that it was not ‘reasonably practicable’ for the unfair dismissal complaint to be presented before the end of the three month period specified in section 111 of the Employment Rights Act 1996. Judges: Rimer J Citations: [2005] UKEAT 0919 – 04 – 2207 Links: Bailii … Continue reading Imperial Tobacco Ltd v Wright: EAT 22 Jul 2005
The court accepted a late filing of an employment tribunal claim after the claimant had received poor legal advice. Citations: [2005] EWCA Civ 470, [2005] IRLR 562 Links: Bailii Statutes: Employment Rights Act 1996 111(2) Jurisdiction: England and Wales Citing: Appeal from – Marks and Spencer Plc v S Williams Ryan EAT 17-Aug-2004 EAT Time … Continue reading Marks and Spencer Plc v Williams-Ryan: CA 19 Apr 2005
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
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
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 council appealed against a finding that the claimant’s case had been brought in time. There had been negotiations for a compromise agreement which had failed. The EAT had found it unclear that the employment had ended at the point asserted by the employers. Held: The draft and correspondence had all been ‘subject to contract’ … Continue reading Kirklees Metropolitan Council v Radecki: CA 8 Apr 2009
Appeal aganst refusal to extend time for filing unfair dismisal claim. . .
The claimant had presented his unfair dismissal claim 88 seconds late. He appealed against refusal of jurisdiction by the Employent tribunal and the EAT.
Held: Leave was refused. The tribunal had given proper consideration to the question of . .
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
The Claimant was dismissed on 29 March 2019. He maintained that the dismissal was unfair and contacted ACAS on 25 June 2019. ACAS informed him on 2 August 2019 that his employer did not wish to continue with the conciliation process and a certificate was emailed to him that day. The email was not received … Continue reading Stratford On Avon District Council v Hughes (Jurisdictional /Time Points): EAT 17 Dec 2020
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 applicant had been born and registered as a female, but later came to receive treatment and to live as a male. He complained that the respondent had failed to amend his birth certificate. Held: The court accepted that, by failing to confer on a transsexual a right to an amended birth certificate, the state … Continue reading Rees v The United Kingdom: ECHR 17 Oct 1986
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 UNFAIR DISMISSALSEX DISCRIMINATION – ComparisonUnfair dismissal – misconduct. Claimant assaulted girlfriend (also RBS employee) in circumstances where he alleged he had been provoked by her having slapped him. Sex discrimination. Circumstances in which Employment Tribunal were held to have erred in requiring misconduct, for the purposes of s.98(2) of the Employment Rights Act 1996, … Continue reading Royal Bank of Scotland v Donaghay: EAT 11 Nov 2011
The claimant had been an ordained minister in the church. She sought to claim unfair dismissal. The Conference replied that she was not an employee entitled to make such a claim. Held: The claimant was an employee. Judges: Maurice Kay VP, Longmore LJJ, Sir David Keene Citations: [2011] EWCA Civ 1581, [2012] 2 WLR 1119, … Continue reading The President of The Methodist Conference v Preston: CA 20 Dec 2011
EAT Contract of Employment – Definition of Employee Judges: The Honourable Mr Justice Burton (P) Citations: EAT/492/02, [2002] UKEAT 492 – 02 – 1112 Links: Bailii, EAT Statutes: Employment Rights Act 1996 Jurisdiction: England and Wales Citing: Cited – McMeechan v Secretary of State for Employment CA 11-Dec-1996 The respondent as a temporary worker was … Continue reading Dacas v Brook Street Bureau (UK) Ltd, Wandsworth London Borough Council: EAT 12 Nov 2002
EAT JURISDICTIONAL POINTS – Extension of time: reasonably practicableThe Employment Tribunal had correctly directed itself that the evidential burden of proving under section 111(2)(b) of the Employment Rights Act 1996, in cases where it is it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of the … Continue reading Locke v Tabfine Ltd (T/A Hands Music Centre): EAT 29 Nov 2010
EAT JURISDICTIONAL POINTS – Claim in time and effective date of termination(1) Employment Judge erred in finding that the employer had caused the employee to make an error in his calculation of the three month time limit in failing to disabuse him of his mistake when there was no evidence of any misrepresentation or deliberation … Continue reading T Mobile (Uk) Ltd v Singleton: EAT 23 Mar 2011
Following her resignation, the Claimant presented a claim form. The Respondent had written her a letter in August 2016 proposing that her employment be terminated on the basis of a settlement agreement. Her case was that this was a reaction to the news that she was pregnant, that there had been a history of various … Continue reading Harrison v Aryman Ltd (Admissibility of Evidence): EAT 27 Aug 2019
bullock_norfolkEAT11 EAT RIGHT TO BE ACCOMPANIED The Employment Tribunal did not err in holding that the Claimant, a foster carer, was not a worker within the meaning of the Employment Rights Act 1996 and 1999. Accordingly she could not claim the right to trade union representation pursuant to section 10 of the Employment Rights Act … Continue reading Bullock v Norfolk County Council: EAT 24 Jan 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 PRACTICE and PROCEDURECompromiseSection 203(1) of the Employment Rights Act 1996 (‘ERA’) deems as void provisions, which preclude a party from bringing proceedings before an Employment Tribunal, save in respect of agreements which satisfy certain specific requirements, which are set out in section 203(3) of ERA. Does that Employment Tribunal have jurisdiction to determine whether … Continue reading Industrious Ltd v Horizon Recruitment Ltd and Another: EAT 11 Dec 2009
Tour guides were engaged to act ‘on a casual as required basis’. The guides later claimed to be employees and therefore entitled by statute to a written statement of their terms of employment. Their case was that an exchange of correspondence between the parties in March 1989 constituted a contract, which was to be classified … Continue reading Carmichael and Another v National Power Plc: HL 24 Jun 1999
EAT Jurisdictional Points
EAT JURISDICTIONAL POINTS – Extension of time: reasonably practicableClaimant dismissed for misconduct – Internal appeal panel decision announced orally without reasons two days before expiry of three-month limit under s. 111 (2) of Employment Rights Act 1996 – On basis of oral decision, Claimant believes ‘hopeless’ to bring unfair dismissal claim – On receipt of … Continue reading Cambridge and Peterborough Foundation NHS Trust v Crouchman: EAT 8 May 2009
EAT JURISDICTIONAL POINTS: Claim in time and effective date of termination A contract of employment provided for notice in writing. The Employment Judge did not err when he found the effective date of termination for Employment Rights Act 1996 s 111 was on the day oral communication of dismissal was given and received. Statement of … Continue reading Abbey v Associated Foreign Exchange Ltd and Another: EAT 13 Mar 2009
Judges: Burton J P Citations: [2003] EAT 1115 – 02 – 2701, [2003] UKEAT 1115 – 02 – 2701 Links: Bailii, Bailii Statutes: Employment Rights Act 1996 50 51 Jurisdiction: England and Wales Citing: See Also – Edwards v Marconi Corporation Plc EAT 2-Nov-2001 Ex Parte application to determine whether or not there is an … Continue reading Edwards v Marconi Corporation Plc: EAT 27 Jan 2003
The claimants were dependants of Iraqi nationals killed in Iraq. Held: The Military Police were operating when Britain was an occupying power. The question in each case was whether the Human Rights Act applied to the acts of the defendant. The question amounted to whether the officers acted under State Agent Authority within the convention … Continue reading Regina (on the Application of Mazin Mumaa Galteh Al-Skeini and Others) v The Secretary of State for Defence: CA 21 Dec 2005
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
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 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
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 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
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 (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: 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
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: 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
Jurisdictional Points : Extension of Time: Reasonably Practicable JURISDICTIONAL POINTS – Extension of time: just and equitable The Claimant had lodged various claims of unfair dismissal and sex (pregnancy related) discrimination, all outwith the relevant three month time limits. During the statutory three month period the Claimant had instructed solicitors and instructed them to raise … Continue reading Tesco Stores Ltd v Kayani: EAT 8 Sep 2016
EAT Practice and Procedure: Bias, Misconduct and Procedural Irregularity JURISDICTIONAL POINTS The Claimant complained that the Employment Tribunal (1) failed to determine some issues of sex discrimination which she put forward; (2) misapplied section 123(3) of the Equality Act 2010 by failing to find that the Respondent had been responsible for conduct extending over a … Continue reading Greco v General Physics UK Ltd: EAT 2 Aug 2016
EAT Jurisdictional Points: Extension of Time: Reasonably Practicable – The Claimant instructed solicitors in relation to an unfair dismissal claim. Time for presenting the claim was to expire on 25/10/15. On 08/10/15 the solicitors advised him to seek new solicitors in relation to the claim but gave no advice about the need to present a … Continue reading Sheredes School v Davies: EAT 13 Sep 2016
EAT Practice and Procedure: Admissibility of Evidence – Admissibility of evidence – common law ‘without prejudice’ privilege – section 111A Employment Rights Act 1996 (‘ERA’) In proceedings before the ET, the Claimant had complained of constructive unfair dismissal and indirect sex discrimination arising, in part, from the Respondent’s conduct towards her during a period of … Continue reading Faithorn Farrell Timms Llp v Bailey: EAT 28 Jun 2016
Transgender Male to Female not to marry as Female The parties had gone through a form of marriage, but Mrs B had previously undergone gender re-assignment surgery. Section 11(c) of the 1973 Act required a marriage to be between a male and a female. It was argued that the section was incompatible with the claimant’s … Continue reading Bellinger v Bellinger: HL 10 Apr 2003
There had been a purported marriage in 1963 between a man and a male to female trans-sexual. Held: Because marriage is essentially a union between a man and a woman, the relationship depended on sex, and not on gender. The law should adopt the chromosomal, gonadal and genital tests. If all three are congruent, that … Continue reading Corbett v Corbett (otherwise Ashley): FD 1 Feb 1970
Jurisdictional Points : Working Outside The Jurisdiction – Identity of employer: the claimant had a contract dated 1998 with a company, said no longer to exist. The respondents admitted that he was employed but there was a dispute by whom. The ET found that he was employed by the fourth respondent. It was argued by … Continue reading Wittenberg v Sunset Personnel Services Ltd and Others: EAT 21 Nov 2013
A male to female transsexual who had undergone full gender reassignment surgery wished to marry. The court held that despite the Resolution of the European Parliament on 12th September 1989 and Recommendation 1117 adopted by the Parliamentary Assembly of the Council of Europe on 29th September 1989 – both of which sought the encourage the … Continue reading Cossey v The United Kingdom: ECHR 27 Sep 1990
The parties had arbitrated their dispute in London under a bilateral investment treaty between the US and Ecuador. The republic sought to appeal the arbitration. The applicant now appealed an order that the English High Court had jurisdiction to hear the appeal. Held: The appeal was dismissed. The treaty was intended to encourage bilateral trading … Continue reading Occidental Exploration and Production Company vRepublic of Ecuador: CA 9 Sep 2005
EAT Contract of Employment : Wrongful Dismissal – UNFAIR DISMISSAL Compensation Contributory Fault As explained at paragraphs 111 and 112 of the judgment in Sandwell and West Birmingham Hospitals NHS Trust v Mrs A Westwood [2009] UKEAT 0032/09/172 gross misconduct might take one of two forms, deliberate misconduct or gross negligence: but that possible alternative … Continue reading Worrell v Hootenanny Brixton Ltd: EAT 1 Apr 2014
EAT Unfair Dismissal : Reasonableness of Dismissal – The Appellant contended that the EAT should lay down general guidance to the effect that an appeal panel decision must be followed by an employer in the absence of exceptional circumstances. He also contended that, if the Respondent was entitled not to follow the decision of the … Continue reading Kisoka v Ratnpinyotip (T/A Rydevale Day Nursery): EAT 11 Dec 2013
Same Sex Paartner to Inherit as Family Member The claimant had lived with the original tenant in a stable and long standing homosexual relationship at the deceased’s flat. After the tenant’s death he sought a statutory tenancy as a spouse of the deceased. The Act had been extended to include as a spouse someone living … Continue reading Fitzpatrick v Sterling Housing Association Ltd: HL 28 Oct 1999
The claimant had submitted a grievance complaining in general terms of the way in which she had been treated by a manager. She did not, however, refer to a particular incident relied on in her pleading as one of the two ‘last straw’ incidents that led to her resignation. The respondent contended that by reason … Continue reading Shergold v Fieldway Medical Centre: EAT 5 Dec 2005
EAT VICTIMISATION DISCRIMINATION – Protected disclosureS.47B of the Employment Rights Act 1996 provides that ‘A worker has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by his employer done on the ground that the worker has made a protected disclosure.’In cases where a Claimant has … Continue reading Fecitt and Others v NHS Manchester: EAT 23 Nov 2010
The claimant was a male to female trans-sexual who had been refused employment as a police officer by the respondent, who had said that the staturory requirement for males to search males and for females to search females would be impossible to comply with. She had sought to be employed on the basis that her … Continue reading A v West Yorkshire Police: HL 6 May 2004
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
The claimant owned a house by the river Thames at Hedsor Water. Public rights of navigation existed over the Thames from time immemorial, and its management lay with the respondent. Landowners at Hedsor had sought to assert that that stretch was now private. She appealed an order declaring the continued public rights. Held: The applicant … Continue reading Rowland v The Environment Agency: CA 19 Dec 2003
Notice of dismissal begins when received by worker The court was asked: ‘If an employee is dismissed on written notice posted to his home address, when does the notice period begin to run? Is it when the letter would have been delivered in the ordinary course of post? Or when it was in fact delivered … Continue reading Newcastle Upon Tyne Hospitals NHS Foundation Trust v Haywood: SC 25 Apr 2018
The parties disputed the effective date of termination of the claimant’s employment. Was it the date on which the letter notifying her was sent, or was it on the day she received it. She had been dimissed without notice, and the date was the date on which it took effect. The court was asked whether … Continue reading Gisda Cyf v Barratt: SC 13 Oct 2010
Our law-index is a substantial selection from our database. Cases here are restricted in number by date and lack the additional facilities formerly available within lawindexpro. Please do enjoy this free version of the lawindex. Case law does not ‘belong’ to lawyers. Judgments are made up of words which can be read and understood (if … Continue reading law index
