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
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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 claimant had been unfairly dismissed but in addition to this employment she had also lost her earnings from a private practice as an aerobics teacher at the same facility where she was employed. She had been awarded damages for the employment loss, but not the rest. Held: The court did not state as a … Continue reading Jones v Lingfield Leisure Plc: CA 18 Jun 1998
EAT UNFAIR DISMISSAL – CompensationAn Employment Tribunal assessing loss under s123 Employment Rights Act 1996 did not err when it did not take account of the employer’s ability to pay, a matter outside the section. Judges: McMullen QC J Citations: [2010] UKEAT 1477 – 09 – 1407 Links: Bailii Statutes: Employment Rights Act 1996 123 … Continue reading Tao Herbs and Acupuncture Ltd v Jin: EAT 14 Jul 2010
EAT UNFAIR DISMISSAL: CompensationIn accordance with Employment Rights Act 1996 Section 123(7) the excess of an enhanced redundancy payment over the amount of a basic award reduces the compensatory award arrived at in accordance with Section 123(1).The Employment Tribunal erred in deducting an enhanced redundancy payment twice. Once from loss of entitlement or potential entitlement … Continue reading MacCulloch v Imperial Chemical Industries Ltd: EAT 25 Nov 2009
EAT Unfair dismissal on account of selection for redundancy without application of any criteria. Tribunal refused to deduct the extent to which the claimant’s redundancy payment exceeded the basic award that would have been payable had the claimant not been made redundant. On appeal, Employment Appeal Tribunal held that Tribunal had erred. It had no … Continue reading Inventec (Scotland) Corporation Ltd v Duffy: EAT 4 Oct 2007
The claimant had been employed by the defendants as a nanny. She threatened to leave, but then was injured in a car acident and given a sick note. The employer immediately engaged someone else. She was found to have been unfairly dismissed. The employer complained that she should only have been awarded SSP. The EAT … Continue reading Burlo v Langley and Carter: CA 21 Dec 2006
The two employees who, after they were dismissed and their complaints of unfair dismissal were upheld by an industrial tribunal, but before the assessment of compensation, disclosed allegedly confidential information about their former employers to a national newspaper in breach of their continuing obligation of confidentiality under their contract of employment. The court was asked … Continue reading Soros and Another v Davison and Another: EAT 24 Jan 1994
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
Judges: The Honourable Lord Johnston Citations: EATS/0015/02, [2002] UKEAT 0015 – 02 – 2211 Links: Bailii, EAT Statutes: Employment Rights Act 1996 123(1) Citing: Mentioned – Edwards v The Governors of Hanson School EAT 11-Jan-2001 EAT Unfair Dismissal – Procedural fairness/automatically unfair dismissal. . . Cited by: Appeal from – Dignity Funerals Limited v Bruce … Continue reading Bruce v Dignity Funerals Ltd (Formerly SCI Funerals Ltd): EAT 22 Nov 2002
EAT Unfair Dismissal : Compensation – Correct method of calculating a week’s pay for the purposes of (a) basic award and (b) compensatory award for unfair dismissal.Appeal allowed in part; distinction drawn between the statutory regime applying to a week’s pay for the basic award under Part XIV, Chapter II Employment Rights Act 1996 and … Continue reading Toni and Guys (St Paul’s) Ltd v Georgiou: EAT 19 Jul 2013
EAT UNFAIR DISMISSAL Reason for dismissal including substantial other reason Compensation DISABILITY DISCRIMINATION – Disability related discrimination The decision of the Employment Tribunal that the dismissal of the Claimant pastry chef for using non-kosher jam in a product sold in an establishment subject to requirements of Kedassia was an act of victimisation under the Equality … Continue reading Carmelli Bakeries Ltd v Benali (Unfair Dismissal : Reason for Dismissal Including Substantial Other): EAT 31 Jul 2013
EAT UNFAIR DISMISSAL: Contributory faultThe employers dismissed the employee after a bogus redundancy exercise, after she had knowingly taken paid holiday in excess of her holiday allowance and failed to apologise. The Tribunal found that she had been unfairly dismissed, of its own volition raised Polkey but did not raise or consider contributory fault which … Continue reading Swallow Security Services Ltd v Millicent: EAT 19 Mar 2009
UNFAIR DISMISSAL; remedy; compensation; perversity. The Employment Tribunal found that the appellant had been unfairly dismissed. It awarded compensation on the basis that, had the respondent correctly addressed its true reason for dismissing him, the appellant would have been fairly dismissed within six months because he had become unmanageable, and this had led to a … Continue reading Daly v BMI Healthcare Ltd (Unfair Dismissal): EAT 9 Apr 2021
The Claimant was employed by the Respondent as a cleaner. He is a national of Guinea Bissau but married to an EEA national exercising Treaty rights in the UK. That being so, the Tribunal correctly found that the Respondent was not at any risk in continuing to employ him after his residence permit expired. However, … Continue reading Sanha v Facilicom Cleaning Services Ltd (Unfair Dismissal): EAT 25 Feb 2020
EAT Four employees successfully established before the Employment Tribunal that they had been unfairly dismissed for redundancy. The Tribunal found that there had been procedural defects. In particular the assessments in the redundancy exercise had been inadequate and subjective. The Tribunal considered whether the dismissals were fair under section 98A(2) of the Employment Rights Act … Continue reading Software 2000 Ltd v Andrews etc: EAT 17 Jan 2007
The Claimant was unfairly dismissed for redundancy. The Tribunal failed to order re-engagement after accepting the Respondent’s evidence that the Claimant was not the best person for an available job which he contented he could do. The Tribunal thought there was insufficient information to identify a job that he could do. The Tribunal assessed compensation … Continue reading Davies v DL Insurance Services Ltd (Redundancy): EAT 28 Jan 2020
EAT UNFAIR DISMISSALProcedural fairness/automatically unfair dismissalCompensationContributory faultUnfair Dismissal under s98A(1) and 98(4) Employment Rights Act 1996. Employment Tribunal find 100% contribution and deduction under s123(1). No compensatory award (save in respect of loss of statutory rights).No error in Employment Tribunal approach. Ingram (UKEAT/0601/06. 23 April 2007. Elias P) considered and followed. Citations: [2011] UKEAT 0501 … Continue reading Lambert v Vicomte Bernard De Romanet Ltd: EAT 18 Mar 2011
The claimants had been employed by a company with a normal retirement age of 60. The company was sold to British Airways, wher eh normal age was 55. On being obliged to retire the claimed unfair dismissal. They now appealed dismissal of that claim. Held: The applicable normal age of retirement under an employment contract … Continue reading Cross, Gibson v British Airways Plc: CA 11 May 2006
EAT PRACTICE AND PROCEDURE – Bias, misconduct and procedural irregularity MATERNITY RIGHTS AND PARENTAL LEAVE – PregnancyUNFAIR DISMISSAL – Contributory faultThe Employment Tribunal which found in favour of the Claimant in part did not show apparent bias on five grounds, although it made errors of fact on two of them. Observations disapproving the Respondent’s showing … Continue reading Nixon v Ross Coates Solicitors and Another: EAT 6 Aug 2010
EAT UNFAIR DISMISSAL: Compensation The Employment Tribunal found the Respondent unfairly dismissed the Claimant for raising a question about her statutory rights. She had been employed for 10 weeks and was entitled to one month’s notice. It awarded compensation effectively of 7 weeks’ pay. It found she would have been dismissed within that time in … Continue reading Ward v Ashkenazi: EAT 22 Mar 2010
EAT UNFAIR DISMISSAL: Compensation/Mitigation of loss The employee was unfairly constructively dismissed. She was entitled to a 6 month notice period that was not paid by the employees in that period, during some of which she received payments for temporary work from a different employer. The ET, applying Norton Tool and Burlo, did not give … Continue reading Stuart Peters Limited v Bell: EAT 22 Oct 2008
The appellant had employed the three claimants in his medical surgery, but they claimed automatic unfair dismissal when the practice closed on his suspension from practice and the statutory procedures were followed but not to the procedural standard, alleging unreasonable delay in the appeals. Held: The employer’s appeal succeeded. The employees’ appeals failed. There was … Continue reading Selvarajan v Wilmot and others: CA 23 Jul 2008
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
VICTIMISATION DISCRIMINATION – Detriment UNFAIR DISMISSAL – Reinstatement/re-engagement UNFAIR DISMISSAL – Compensation The ET did not err in law in – (1) concluding that in one respect the Respondent had committed an act of victimisation and public interest disclosure detriment (2) declining to order re-instatement or re-engagement for unfair dismissal (3) its approach to the … Continue reading Phoenix House Ltd v Stockman: EAT 5 Jul 2019
Unfair Dismissal, Practice and Procedure – The EAT considered the meaning of s. 124(5) of the Employment Rights Act 1996 and concluded that payments to account should be deducted from the overall award before the applying the statutory cap even if that meant that the employer did not get any benefit from payments to account. … Continue reading Dafiaghor-Olomu v Community Integrated Care: EAT 1 Jun 2022
EAT Unfair Dismissal: Reasonableness of Dismissal and CompensationEmployment Tribunal correctly applied the objective test of the band of reasonable responses to the facts it found. Appeal against liability dismissed.On the basic award of compensation, it did not err when it did not reduce the award by 50% as it had for contributory fault in respect … Continue reading Compass Group UK and Another v Baldwin: EAT 5 Jan 2006
EAT Unfair Dismissal Unfair Dismissal – redundancy – unfair selection due to lack of adequate individual consultation – no error of law. Judges: His Honour Judge Peter Clark Citations: [2005] UKEAT 0361 – 05 – 0410, UKEAT/0361/05 Links: Bailii, EAT Cited by: See Also – Knapton and others v ECC Card Clothing Ltd EAT 7-Mar-2006 … Continue reading ECC Card Clothing Ltd v Knapton and Another: EAT 4 Oct 2005
The Tribunal had given credit for the full amount of incapacity benefit which the employee had received during the notice period. He appealed on the grounds that it ought not to have done so. There was a conflict of authority on the point in the Tribunal. Judges: The Honourable Mr Justice Burton Citations: [2005] UKEAT … Continue reading Morgans v Alpha Plus Security Ltd: EAT 17 Jan 2005
The EAT considered the effect of the receipt of benefits during a period of sickness when calculating loss of earnings, and whether a hearing was properly conducted without the presence of the parties. Held: There is no procedural irregularity in the Tribunal members holding a meeting in the absence of the parties for the purposes … Continue reading Puglia v C James and Sons: EAT 24 Oct 1995
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
The applicant had been employed for a short period. He was dismissed, and he claimed that this was because he had made a protected disclosure in complaining about the respondent’s health and safety practices. He had applied for interim relief. The respondent company had asked that the claim be treated as vexatious, and at the … Continue reading Parkins v Sodexho Ltd: EAT 22 Jun 2001
Pension benefits were held to be the fruits through insurance of moneys set aside in the past in respect of past work and could not be appropriated by a tortfeasor so as to reduce its liability to compensate the victim. Citations: [1991] 2 AC 502 Jurisdiction: England and Wales Cited by: Cited – Longden v … Continue reading Smoker v London Fire and Civil Defence Authority: HL 1991
The employee was unfairly dismissed for redundancy. He was given 5 weeks pay in lieu, a statutory redundancy payment and a severance payment under the employers’ own scheme. He did not obtain another job until well after his period of notice had expired. The tribunal assessed compensation on the basis that the factory was to … Continue reading Babcock FATA Ltd v Addison: CA 1987
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
EAT Unfair DismissL – Reinstatement/re-engagement – UNFAIR DISMISSAL – Compensation The amount of a week’s pay for the purposes of calculating in accordance with Employment Rights Act 1996 section 124(1ZA)(b) the upper limit of compensation which may be awarded under section 123, applying section 221(2), is the amount of remuneration payable under the contract of … Continue reading University of Sunderland v Drossou (Unfair Dismissal): EAT 13 Jun 2017
EAT Unfair Dismissal: Reasonableness of Dismissal – Contributory fault Unfair dismissal – unfairness – section 98(4) Employment Rights Act 1996 (‘ERA’) Unfair dismissal – contributory fault – section 123(6) ERA The Claimant, who had worked in a team providing 24/7 care to the Respondent (a man in his mid-30s who has severe learning difficulties, physical … Continue reading Tolley v Scofield: EAT 15 Mar 2017
EAT UNFAIR DISMISSAL – Reasonableness of dismissal CONTRACT OF EMPLOYMENT – Wrongful dismissal UNFAIR DISMISSAL – Contributory fault PRACTICE AND PROCEDURE – Review PRACTICE AND PROCEDURE – Appellate jurisdiction/reasons/Burns-Barke Unfair dismissal – fairness of dismissal (Employment Rights Act 1996 (‘ERA’) section 98(4)) and band of reasonable responses test – whether the ET was guilty of … Continue reading Portsmouth Hospitals NHS Trust v Corbin (Unfair Dismissal: Reasonableness of Dismissal): EAT 5 Jan 2017
EAT Practice and Procedure: Estoppel or Abuse of Process – DISABILITY DISCRIMINATION – Reasonable adjustments DISABILITY DISCRIMINATION – Section 15 HARASSMENT DISABILITY DISCRIMINATION – Exclusions/jurisdictions UNFAIR DISMISSAL – Reasonableness of dismissal Practice and procedure – estoppel; disability discrimination reasonable adjustments (sections 20 and 21 Equality Act 2010); discrimination arising from the consequences of disability (section … Continue reading London Borough of Haringey v O’Brien: EAT 22 Dec 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
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
PI Damages not Reduced for Own Pension The plaintiff policeman was disabled by the negligence of the defendant and received a disablement pension. Part had been contributed by himself and part by his employer. Held: The plaintiff’s appeal succeeded. Damages for personal injury were not to be reduced by deducting the full net value of … Continue reading Parry v Cleaver: HL 5 Feb 1969
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
Unfair Dismissal: Constructive Dismissal – Contributory fault The Employment Judge found that the Claimant had been unfairly constructively dismissed by the Respondent employers but that his compensatory award should be reduced by 30% under section 123(6) of the Employment Rights Act 1996. The employers appealed against the finding of constructive dismissal and he cross-appealed against … Continue reading Peakquote Ltd and Another v Levy: EAT 9 Feb 2015
Unfair Dismissal: Contributory Fault – Polkey deduction Employment Rights Act 1996 sections 122(2) (basic award) and 123(1) and (6) (compensatory award) Unfair Dismissal – Compensatory Award – Polkey reduction Eady QC HHJ [2015] UKEAT 0287 – 14 – 1602 Bailii Employment Rights Act 1996 122(2) 123(1) 123(6) England and Wales Employment Updated: 29 December 2021; … Continue reading Williams v Amey Services Ltd (Unfair Dismissal: Contributory Fault): EAT 16 Feb 2015
The employer disputed a finding that the Employment tribunal had jurisdiction over the employment claims made by the respondent. Rimer, Floyd, Macur LJJ [2014] EWCA Civ 1238 Bailii Employment Rights Act 1996 94(1), Employment Relations Act 1999 10 England and Wales Citing: Appeal from – Dhunna v Creditsights Ltd EAT 3-Apr-2013 EAT JURISDICTIONAL POINTS – … Continue reading Creditsights Ltd v Dhunna: CA 19 Sep 2014
EAT Unlawful Deduction From Wages – The Claimants declined to be taken to work at HMP Dartmoor on a road which had been closed following snowfall. On the question whether the Claimants reasonably believed that there were circumstances of danger which were serious and imminent, (section 44(1)(d) and (e) of the Employment Rights Act 1996), … Continue reading Edwards and Others v The Secretary of State for Justice: EAT 24 Jul 2014
The Claimant, who was a Team Leader working in recycling, tested positive for cannabis as part of a random drugs test. He was dismissed on 31 March 2020 following a disciplinary hearing on the basis that he was under the influence of drugs which affected his performance. An appeal was unsuccessful. The Employment Tribunal held … Continue reading Renewi UK Services Ltd v Pamment (Unfair Dismissal): EAT 26 Oct 2021
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 S.98A(2) ERA – Unfair dismissal. The Appellant appealed against a finding that it had unfairly dismissed the Respondent. The Employment Tribunal had found that the dismissal was unfair but that in light of section 118, 119, 122 123 of ERA 1996 the Respondent was not entitled to any monetary award, basic or compensatory. The … Continue reading HCL Safety Ltd v Flaherty: EAT 11 Jul 2013
EAT Contract of Employment : Wrongful Dismissal – Implied term/variation/construction of term UNFAIR DISMISSAL – Contributory fault The Claimant was summarily dismissed. He brought a claim of wrongful dismissal. The Employment Judge found that he had been wrongfully dismissed, the conduct upon which the Respondent relied not being inadvertent and not in repudiatory breach. It … Continue reading Robert Bates Wrekin Landscapes Ltd v Knight: EAT 30 Jan 2014
UNFAIR DISMISSAL – Polkey deduction UNFAIR DISMISSAL – Contributory fault UNFAIR DISMISSAL – Mitigation of loss Unfair dismissal – compensation – Polkey reduction – contributory fault – mitigation of loss The ET found the Claimant had been dismissed from his employment by reason of his conduct, after he had initiated an altercation with the Managing … Continue reading Singh v Glass Express Midlands Ltd (Unfair Dismissal – Polkey Deduction): EAT 15 Jun 2018
UNFAIR DISMISSAL; remedy; compensation; perversity.
The Employment Tribunal found that the appellant had been unfairly dismissed. It awarded compensation on the basis that, had the respondent correctly addressed its true reason for dismissing . .
The English legal system has been producing law reports since time immemorial, and the Scots for even longer. These pages are full of codes making reference to such series, with their wonderful array of abbreviations. You cannot enquire about the law without beginning at least to understand and use them. Here is a brief, but … Continue reading Reports
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
