EAT Rights On InsolvencyTwo separate Employment Tribunals decided that Claimants who had been employed (without knowing it) by a company which had entered a CVA were entitled to claim arrears of pay and holiday pay from the National Insurance Fund when subsequently the company went into liquidation. In each case, the reasoning was flawed: the … Continue reading Secretary of State for Business Innovation and Skills v Mcdonagh and Others: EAT 14 Feb 2013
EAT Rights On Insolvency – Two separate Employment Tribunals decided that Claimants who had been employed (without knowing it) by a company which had entered a CVA were entitled to claim arrears of pay and holiday pay from the National Insurance Fund when subsequently the company went into liquidation. In each case, the reasoning was … Continue reading Secretary of State for Business Innovation and Skills v Pengelly and Another: EAT 14 Feb 2013
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
The employees, registered market porters, appealed against reversal of the Tribunal’s judgment that the employer had made unlawful deductions from their wages. The deductions purported to have been authorised under collective agreements from the 1970s. The employers dedcuted porterage charges from the stall holders, and distributed the charge among all the porters, saying that the … Continue reading Hay and Others v Gilgrove Ltd and Others: CA 26 Apr 2013
EAT CONTRACT OF EMPLOYMENT – Damages for breach of contract The Tribunal awarded to the unfairly dismissed Claimant compensation for failure to pay any money to her during a 4 week notice period. The award was made under sections 86 to 88 of the ERA 1996. However the statutory minimum period of notice under section … Continue reading Milson v Hope: EAT 7 Mar 2013
EAT JURISDICTIONAL POINTS – Working outside the jurisdiction WORKING TIME REGULATIONS – Holiday pay The approach to determining whether an employee of British company who works and lives abroad falls within the territorial scope of the Employment Rights Act 1996 section 94(1) has been developed since Lawson v Serco Ltd [2006] ICR 250. The question … Continue reading Dhunna v Creditsights Ltd: EAT 3 Apr 2013
EAT JURISDICTIONAL POINTS – Extension of time: reasonably practicableWhere a Claimant has retained a solicitor to act for him and failed to meet the deadline for presenting a complaint of unfair dismissal to an Employment Tribunal, the adviser’s fault will defeat any attempt to argue that it was not reasonably practicable to make a timely … Continue reading El-Kholy v Rentokil Initial Facilities Services (UK) Ltd: EAT 21 Mar 2013
EAT Trade Union Rights : Interim Relief The Claimant’s claim was brought for unfair dismissal contrary to s152(1)(b) TULR(C)A 1992 (trade union activity) and Schedule A1 para 161(2)(a) (acting to secure union recognition). An application for interim relief under s161 TULR(C)A 1992 and s128 ERA 1996 was supported by requisite certificates by TU officials.Relief granted … Continue reading London City Airport Ltd v Chacko: EAT 22 Mar 2013
The claimant school teacher had been dismissed, after a finding that she had assaulted a pupil. She denied the assualt. Held: The School’s appeal against the decision of the EAT to re-instate the claim of unfair dismissal succeeded. The EAT had wrongly substituted its won veiw of the facts for that of the Tribunal. However … Continue reading Clarence High School and Another v Boardman: CA 15 Mar 2013
EAT UNLAWFUL DEDUCTION FROM WAGES – Industrial actionFirefighter objects to being asked to ‘act up’ as watch manager but continues to do so under protest – Eventually refuses to do so in the context of official industrial action being taken by colleagues, where refusal to act up forms part of the action called by the … Continue reading Norris and Others v London Fire and Emergency Planning Authority: EAT 8 Mar 2013
EAT VICTIMISATION DISCRIMINATION – Protected disclosureWhether Claimant may rely on post-termination protected disclosure in ‘whistleblowing’ claim under s.47B Employment Rights Act 1996. He can. Appeal allowed against Employment Tribunal Judgment to the contrary. Judges: Peter Clark J Citations: [2013] UKEAT 0407 – 12 – 2501 Links: Bailii Statutes: Employment Rights Act 1996 47B Jurisdiction: England … Continue reading Onyango v Berkeley (T/A Berkeley Solicitors): EAT 25 Jan 2013
The Appellant has presented a claim in the Employment Tribunal in which she alleges that she was dismissed by the Respondent and that the dismissal amounted to sex discrimination and/or victimisation on the ground that she had done a protected act, contrary to the Equality Act 2010. She appeals against the Employment Tribunal’s refusal to … Continue reading Steer v Stormsure Ltd (Sex Discrimination, Human Rights): EAT 21 Dec 2020
EAT REDUNDANCY PRACTICE AND PROCEDURE – Bias, misconduct and procedural irregularity The Claimant worked as an Accountant in the Respondent’s Children and Families Directorate. The Employment Tribunal was correct to find that a redundancy situation was created when the Respondent reorganised the Directorate and introduced requirement for skills the Claimant was not considered to have. … Continue reading Barot v London Borough of Brent: EAT 17 Jan 2013
The appellant had been employed by the Police as a fingerprint officer. She was unfairly dismissed after a wrongful accusation. The tribunal ordered that she be reinstated, but on terms which would not result in her attending court as an expert witness. The EAT had concluded that the Tribunal’s decision to order reinstatement was perverse, … Continue reading McBride v Employment Appeal Tribunal: SCS 25 Jan 2013
EAT UNLAWFUL DEDUCTION FROM WAGES At the hearing of the Claimant’s claim of unauthorised deductions, taken from his payments when he was made redundant in order to repay his car loan, the Employment Tribunal raised with the employer’s counsel the provisions of the Consumer Credit Act 1974. It then ruled upon it without giving counsel … Continue reading Guildprime Specialists Contractors Ltd v Knight: EAT 24 Sep 2012
VICTIMISATION DISCRIMINATION – Whistleblowing PRACTICE AND PROCEDURE – Perversity The Claimant was a worker employed by the Respondent on a temporary assignment. On 14 March 2017, the Respondent terminated the assignment with immediate effect. There had been a meeting the previous day between the Claimant and one of the Respondent’s managers. The Claimant had made … Continue reading Riley v Belmont Green Finance Ltd (T/A Vida Homeloans) (Victimisation Discrimination- Whistleblowing- Perversity): EAT 13 Mar 2020
Damages or removal of coal under land User damages were awarded for the unauthorised removal of coal from beneath the appellant’s land, even though the site was too small for the appellant to have mined the coal himself. The appellant was also awarded damages for the damage done to the houses on the surface. If … Continue reading Livingstone v Rawyards Coal Co: HL 13 Feb 1880
VICTIMISATION DISCRIMINATION – Protected disclosure PRACTICE AND PROCEDURE – Disposal of appeal including remission The Court of Appeal had remitted back to the Tribunal the issue of a Chagger claim for damages for stigma loss, following the termination of the Appellant’s contract as a worker after raising asbestos issues which had constituted a detriment under … Continue reading Small v The Shrewsbury and Telford Hospitals NHS Trust (Victimisation Discrimination – Protected Disclosure – Practice and Procedure): EAT 19 Aug 2019
The employer appealed against a finding that it should pay former commission agents hioliday pay for the entire period since the coming into force of the Regulations. Judges: Peter Clark J Citations: [2004] UKEAT 0657 – 03 – 1301 Links: Bailii Statutes: Employment Rights Act 1996, Working Time Regulations 1998 Employment Updated: 06 September 2022; … Continue reading Canada Life Ltd v Gray and Another: EAT 13 Jan 2004
PRACTICE AND PROCEDURE Striking-out / dismissal PRACTICE AND PROCEDURE Imposition of deposit Rules 37(1) and 39(1) Schedule 1 Employment Tribunal (Constitution and Rules of Procedure) Regulations 2013 The Employment Tribunal (‘ET’) had struck out the Claimant’s claim of protected disclosure detriments and dismissal as having no reasonable prospect of success. In the alternative, the ET … Continue reading Arthur v Hertfordshire Partnership University NS Foundation Trust (Practice and Procedure Striking-Out : Dismissal): EAT 13 Aug 2019
EAT JURISDICTIONAL POINTS – Worker, employee or neitherThe Claimant employee was given notice that his contract would expire on 1 December 2008.By a letter dated 26 November 2008 the Respondent employer informed the Claimant employee ‘I write to confirm that you can be released today and will still be paid up to and including your … Continue reading Wedgewood v Minstergate Hull Ltd: EAT 13 Jul 2010
The parties disputed whether Mr Smith had been an employee of or worker with the company so as to bring associated rights into play. The contract required the worker to provide an alternate worker to cover if necessary. Held: The company’s appeal failed. Mr Smith was a worker: ‘there were features of the contract which … Continue reading Pimlico Plumbers Ltd and Another v Smith: SC 13 Jun 2018
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
The claimant had been employed by the respondent, but after taking maternity leave had been made redundant. The employer claimed her continuous employment had been broken. Held: The section intended to protect continuous employment despite what might otherwise be breaks in employment. Nevertheless, the parties had to agree that employment would continue. That required both … Continue reading Curr v Marks and Spencer Plc: CA 13 Dec 2002
(Northern Ireland) The applicant sought judicial review of a decision not to disclose documents held by the respondent to him saying that the refusal was disproportionate and infringed his human rights. The respondents said that the documents were provided on an assurance of confidentiality. Held: Disclosure rules are different in judicial review proceedings since such … Continue reading Tweed v Parades Commission for Northern Ireland: HL 13 Dec 2006
Dismissal for ‘some other substantial reason’ – employees refusal to sign new contracts. Judges: The Honourable Mr Justice Rimer Citations: UKEAT/0677/04, [2004] UKEAT 0677 – 04 – 1312, [2006] ICR 70 Links: Bailii, EAT Statutes: Employment Rights Act 1996 98(1)(b) Cited by: Cited – Willow Oak Developments Ltd. (T/A Windsor Recruitment) v Silverwood and others … Continue reading Forshaw v Archcraft Ltd: EAT 13 Dec 2004
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
A claim was made under the TUPE regulations. The company replied that the part of the business transferred was not a discrete economic entity. Held: The regulations did not require that in order to be governed by the regulations, a business transferred had to be a discrete entity. Judges: Lord Justice May Lord Justice Mummery … Continue reading Fairhurst Ward Abbotts Limited v Botes Building Limited and others: CA 13 Feb 2004
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 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
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
Sperm which had been taken from a dying and unconscious man may not be used for the later insemination of his surviving wife. The Act required his written consent. Held: Community Law does not assist the Applicant. The question had been considered in Parliament, and allowing for the limitations on the powers of courts exercising … Continue reading Regina v Human Fertilisation and Embryology Authority ex parte DB: Admn 17 Oct 1996
EAT Equal Pay Act – Addendum to principal judgment. Part timers’ claims for membership of pension schemes only made out of time. EAT Equal Pay Act – (no sub-topic). Judges: The Honourable Mr Justice Mummery Citations: Times 02-Jul-1996, EAT/6/96, EAT/5/96, [1996] UKEAT 5 – 96 – 2406 Links: EAT, Bailii Statutes: Equal Pay Act 1970 … Continue reading Fletcher and others and Preston and others v Midland Bank Plc and Wolverhampton Healthcare NHS Trust Secretary of State for Health and others: EAT 24 Jun 1996
Citations: [1997] EWCA Civ 1013 Jurisdiction: England and Wales Citing: See Also – Fletcher and others and Preston and others v Midland Bank Plc and Wolverhampton Healthcare NHS Trust Secretary of State for Health and others EAT 24-Jun-1996 EAT Equal Pay Act – Addendum to principal judgment. Part timers’ claims for membership of pension schemes … Continue reading Preston and others v Wolverhampton Healthcare Trust Secretary of State for Health: CA 13 Feb 1997
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
The EAT considered what would amount to a series of acts of detriment when considering whether a protected disclosure action was out of time. Held: HHJ JR Reid QC asked: ‘What then is the meaning of ‘a series of similar acts or failures’? ‘Series’ necessarily connotes some factual linkage between events. It is not simply … Continue reading Arthur v London Eastern Railway Ltd (T/A One Stansted Express): EAT 13 Jun 2005
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
VICTIMISATION DISCRIMINATION – Whistleblowing In a whistleblowing claim the issue was whether the Tribunal had correctly interpreted and applied section 43B(1)(b) Employment Rights Act 1996 in two respects; (1) what amounts to an allegation of a breach of a legal obligation and (2) the public interest element in light of the guidance from the Court … Continue reading Ibrahim v HCA International Ltd: EAT 13 Sep 2018
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
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
EAT UNLAWFUL DEDUCTION FROM WAGESThe 78 Claimants were cabin crew employed by BA at their Manchester base. In October 2006 BA closed that base; they did not dismiss the Claimants; but they did not roster them for flying duties. If they had flown, the Claimants could have become entitled, depending on differing criteria, to payment … Continue reading Lucy and others v British Airways Plc: EAT 13 Jan 2009
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 Unfair Dismissal: Reasonableness of Dismissal – CONTRACT OF EMPLOYMENT – Wrongful dismissal (1) Unfair dismissal. The Employment Judge’s reasons demonstrated that she fell into error of starting from her own findings rather than reviewing the actions of the Respondent in accordance with section 98(4) of the Employment Rights Act 1996. (2) The Employment Judge’s … Continue reading London Sovereign Ltd v Gallon: EAT 13 May 2016
The claimant in the employment tribunal was a litigant in person. Upon consideration of her claim form under rule 12 Employment Tribunals Rules of Procedure 2013, a judge determined that there were two complaints, being of (a) ordinary unfair dismissal, in respect of which the claimant lacked qualifying service, and which was dismissed; and (b) … Continue reading Clarke v The Restaurant Group (UK) Ltd (Practice and Procedure): EAT 20 Jul 2021
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
EAT Unfair Dismissal: Dismissal/Ambiguous Resignation – The Claimant’s case before the ET had been one of direct dismissal for the purpose of section 95(1)(a) Employment Rights Act 1996, specifically whether the contract under which the Claimant was employed had been terminated by the Respondent’s conduct in not rostering the Claimant for any work for the … Continue reading Kumbu v Primelife: EAT 13 Jul 2015
PRACTICE AND PROCEDURE – Costs The Employment Judge came to an impermissible conclusion on the facts in finding that the Claimant had asked the Tribunal to make a Norwegian interpreter available at the Full Hearing. Her email was plainly an enquiry if it would be possible for an interpreter to be present. Further, she was … Continue reading Schaathun v Executive and Business Aviation Support Ltd (Practice and Procedure: Costs): EAT 13 Jul 2015
The two applicants were serving life sentences for murder. Each sought damages for the unlawful withdrawal of their rights to vote in elections, and the failure of the British parliament to take steps to comply with the judgment. Held: The appeals failed.Lord Mance summarised the reasons for his conclusions: ‘(A) Human Rights Act In respect … Continue reading Chester, Regina (on The Application of) v Secretary of State for Justice: SC 16 Oct 2013
Closed Material before Supreme Court Under the 2009 order, the appellant Bank had been effectively shut down as to its operations within the UK. It sought to use the appeal procedure, and now objected to the use of closed material procedure. The Supreme Court asked itself whether it was possible for the Supreme Court to … Continue reading Bank Mellat v Her Majesty’s Treasury (No 1): SC 19 Jun 2013
EAT PRACTICE AND PROCEDURE Restricted order reporting Disposal of appeal including remission The Employment Tribunal erred in refusing to extend Restricted Reporting Orders in respect of a Respondent to Employment Tribunal proceedings and a non-party. They failed to carry out the assessment of comparative importance of the Article 8 and Article 10 rights engaged in … Continue reading EF v AB and Others (Practice and Procedure : Restricted Reporting Order): EAT 25 Mar 2015
EAT Unfair Dismissal : Reason for Dismissal Including Substantial Other The Claimants were employed as delivery drivers using HGVs. They lived in Manchester but the Respondent depot they had to attend to load up was situated in Wednesbury. Their contracts stipulated that their place of employment was in Wednesbury. The cost of commuting each day … Continue reading Exol Lubricants Ltd v Birch and Another: EAT 13 Nov 2014
EAT Maternity Rights and Parental Leave – Sex discrimination Unfair dismissal Return to work Maternity and Parental Leave Regulations 1999 (MAPL Regs) – regulation 10 – redundancy during maternity leave and entitlement to be offered suitable available vacancy. Equality Act 2010 (EqA) – section 18 – direct discrimination because of pregnancy and maternity Appeal against … Continue reading Sefton Borough Council v Wainwright: EAT 13 Oct 2014
EAT Unfair Dismissal – Conduct – Section 98(2)(b) Employment Rights Act 1996 In a case where the Claimant had committed (admitted) assaults in the workplace because of his disability (he suffers from a paranoid schizophrenic illness), the ET found that the Respondent had dismissed him because of his having committed acts of gross misconduct and … Continue reading Burdett v Aviva Employment Services Ltd: EAT 14 Nov 2014
The company appealed a finding of unfair dismissal. The tribunal found that the response was outside the range of reasonable responses by an employer. He had had a series of unrelated and genuine sickness absences, but had recovered and was fit to work. The tribunal had treated it as an ancapability dsmissal. The company now … Continue reading Post Office v Wilson: EAT 13 Apr 1999
EAT Jurisdictional Points – CONTRACT OF EMPLOYMENT – Incorporation into contract Deductions from wages under Employment Rights Act 1996, sections 13 and 27. The Claimant contended that unlawful deductions had been made from his wages following the Respondent issuing and the Claimant accepting a new contract of employment. The Respondent issued the contract in furtherance … Continue reading Blair and Others v Midlothian Council: EAT 9 Jul 2013
EAT Jurisdictional Points : Worker, Employee or Neither – WORKING TIME REGULATIONS – Worker CONTRACT OF EMPLOYMENT – Whether established Employment status. The Claimant lodged a claim of unfair dismissal, age discrimination and a claim for holiday pay. The Respondent denied that he was an employee, arguing that he was a self-employed independent contractor. The … Continue reading Conroy v Scottish Football Association Ltd: EAT 12 Dec 2013
EAT Unfair Dismissal : Reason for Dismissal Including Substantial Other Reason – Reasonableness of dismissal The Employment Judge did not err in holding that the dismissal of the Claimant for refusing to agree to a rescheduling of her working hours was a dismissal for some other substantial reason within the meaning of section 98(1)(b) of … Continue reading Taylor and Others (T/A Partners In The Cornerstone Practice) v Crockford: EAT 28 Feb 2014
EAT Unfair Dismissal : Reasonableness of Dismissal – Where an Employment Tribunal concludes, as a matter of fact, that an employer has not taken into account any mitigating circumstances before applying the sanction of dismissal in a case of gross or serious misconduct and, therefore, that dismissal is not a reasonable action on the part … Continue reading Vincent (T/A Shield Security Service) v Hinder: EAT 18 Oct 2013
EAT Victimisation Discrimination : Protected Disclosure – Whether the Employment Tribunal erred in law in striking out part of the Claimant’s claim of detriment on the ground of having made a protected disclosure. Specifically as to whether the Tribunal approached its task correctly in concluding that part of the Claimant’s claim should be struck out … Continue reading Greenly v Future Network Solutions Ltd: EAT 19 Dec 2013
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
EAT JURISDICTIONAL POINTS – 2002 Act and pre-action requirements UNFAIR DISMISSAL Unfair dismissal. Application of transitional provisions in case of dismissal alleged to have been unfair under s98A Employment Rights Act 1996. Whether employers had reasonable grounds to believe in lack of capacity of senior employee. Mitting J [2013] UKEAT 0183 – 13 – 2510 … Continue reading Masson v Meggitt Avionics Ltd: EAT 25 Oct 2013
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 Jurisdictional Points : Extension of Time: Reasonably Practicable – Extension of time: just and equitable – FIXED TERM REGULATIONS – Time limits. Employment Judge entitled to conclude that claims under Employment Rights Act 1996 made 5.5 years out of time should not proceed. Even if not reasonably practicable to present them within time, they … Continue reading Stephens v Kingston University Higher Education Corporation: EAT 10 Dec 2013
EAT UNFAIR DISMISSAL – Reasonableness of dismissal Unfair dismissal – redundancy – reduction in number of employees and re-organisation of business – competitive interviews. The Claimant, deputy director of a business run by the Respondent, applied for a new post created in the course of a reduction in number of members of staff. The Respondent, … Continue reading Somerset County Council v H R Chaloner (Unfair Dismissal : Reasonableness of Dismissal): EAT 14 Oct 2013
EAT CONTRACT OF EMPLOYMENT The Claimant sought a declaration that he was an employee of the Respondent, and sought a declaration of his terms and conditions of employment. He also claimed there had been an unlawful deduction from wages under section 13 of the Employment Rights Act 1996 and in respect of holiday pay. The … Continue reading Rogers v Craigclowan School (Contract of Employment): EAT 19 Jul 2013
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 Age Discrimination : AGE RELATED DISMISSALThe Claimant was dismissed at age 65 consistently with the employer’s retirement policy. The Employment Tribunal found that he had been given proper notice of retirement and of the right to request that he be kept on for a further period. Such a request had been properly considered and … Continue reading Tajul-Arfeen v Health Protection Agency: EAT 29 May 2013
EAT UNFAIR DISMISSAL – Reasonableness of dismissalThe Appellant was the employer of both Respondents, until 27 November 2010 when both were dismissed. Following internal appeals, the decisions to dismiss were upheld. The Respondents lodged claims of unfair dismissal. It was agreed that the cases would proceed together and a hearing took place on the question … Continue reading Franco Pizza Ltd (T/A Domino’s Pizza) v Gould and Another: EAT 12 Mar 2013
EAT DISABILITY DISCRIMINATION – DisabilityUNFAIR DISMISSAL – Reasonableness of dismissalA consultant had both private and NHS patients. Whilst certificated sick and receiving sick pay from her NHS employers she worked for her private patients. She was dismissed for doing so, the employer thinking this could be described as fraud. An Employment Tribunal dismissed her claim … Continue reading Brito-Babapulle v Ealing Hospital NHS Trust: EAT 14 Jun 2013
EAT UNFAIR DISMISSAL – Automatically unfair reasonsBurden of proving the ‘whistleblowing’ reason for dismissal under s.103A Employment Rights Act 1996 lies on the employee who has insufficient continuous service to bring a claim of ordinary unfair dismissal. Smith v Hayle applied.However, the case was not decided by this Employment Tribunal on the burden of proof. … Continue reading Ross v Eddie Stobart Ltd (Unfair Dismissal : Automatically Unfair Reasons): EAT 8 Aug 2013
EAT AGE DISCRIMINATION UNFAIR DISMISSAL Automatically unfair reasons Reason for dismissal including substantial other reason The reason for the Claimant’s dismissal was retirement. The Employment Tribunal erred in holding that the Claimant’s claim of age discrimination failed by application of Regulation 30 of the Employment Equality (Age) Regulations 2006 when the 2006 regulations had been … Continue reading Copeland v E Coomes (Holdings) Ltd (Age Discrimination): EAT 13 Jun 2013
EAT JURISDICTIONAL POINTS – Worker, employee or neitherDISABILITY DISCRIMINATION – DisabilityAn Employment Tribunal dismissed claims for holiday pay and unfair dismissal apparently on the basis that the Claimant was not a worker within the Working Time Regulations nor an employee within s.230 Employment Rights Act 1996. The principal reason for doing so was a lack … Continue reading Dakin v Brighton Marina Residential Management Company Ltd and Another (Disability Discrimination : Disability): EAT 26 Apr 2013
The claimant stock broking firm sought to recover its uninsured losses after having paid out for what was said to have been negligent advice by the respondent, a self-employed broker working for them. Held: The power to recover such losses were part of the contract with the broker, and the provision did not offend against … Continue reading Charles Stanley and Co Ltd v Adams: QBD 19 Jul 2013
At the outset of a Preliminary Hearing, the ELAAS representative raised concerns as to the Appellant’s litigation capacity. Adjourning the hearing on terms enabling the investigation of that issue, the EAT held that section 30(3) of the Employment Tribunals Act 1996 (‘the ETA’) provides the EAT with the power to regulate its own procedure, subject … Continue reading Stott v Leadec Ltd (Human Rights : Litigation Capacity): EAT 20 Feb 2020
The claimants sought a declaration that the restriction on the infliction of corporal punishment in schools infringed their human right of freedom of religion. The schools concerned were Christian schools who believed that moderate corporal discipline was required in order to give expression to their religious beliefs. The respondent argued that the beliefs asserted, whilst … Continue reading Regina (Williamson and Others) v Secretary of State for Education and Employment: CA 12 Dec 2002
amnesty_ahmedEAT2009 EAT RACE DISCRIMINATION – Direct discriminationRACE DISCRIMINATION – Indirect discriminationRACE DISCRIMINATION – Protected by s. 41UNFAIR DISMISSAL – Constructive dismissalClaimant, of (northern) Sudanese ethnic origin, applied for promotion to role of ‘Sudan researcher’ for Amnesty International – Not appointed because Amnesty believed that the appointment of a person of her ethnic origin would compromise … Continue reading Amnesty International v Ahmed: EAT 13 Aug 2009
The court considered whether discriminatory acts after the termination of employment were caught by the respective anti-discrimination Acts. The acts included a failure to give proper references. They pursued claims on the basis of victimisation after their primary discrimination claims. Held: The 1975 and 1976 Acts were similarly phrased and the wording in the 1995 … Continue reading Relaxion Group plc v Rhys-Harper; D’Souza v London Borough of Lambeth; Jones v 3M Healthcare Limited and three other actions: HL 19 Jun 2003
On being told he was to be dismissed, Mr Jones had taken early retirement. He made a claim in the County Court that his pension had been wrongly reduced, The court rejected his allegation that he had acted under duress. His subsequent claim of unfair dismissal in the Employment ribunal was also rejected, but his … Continue reading Jones v Mid-Glamorgan County Council: CA 13 May 1997
The appellants were teachers in Christian schools who said that the blanket ban on corporal punishment interfered with their religious freedom. They saw moderate physical discipline as an essential part of educating children in a Christian manner. Held: The appeal was dismissed. For Article 9 to be engaged (aside from certain other threshold conditions) the … Continue reading Regina v Secretary of State for Education and Employment and others ex parte Williamson and others: HL 24 Feb 2005
The parties disputed the effect of the NHS terms for employment of doctors, and in particularly the provisions as to maintenance of pay grade. The doctor had become a consultant trust grade doctor in oral surgery, but was then required to retrain from her qualification as a dentist. She said that she was entitled to … Continue reading Barts and The London NHS Trust v Verma: SC 24 Apr 2013
Proper Reply Opportunity Required on Deportation (Grand Chamber) The claimant was an Indian citizen who had been granted indefinite leave to remain in this country but whose activities as a Sikh separatist brought him to the notice of the authorities both in India and here. The Home Secretary of the day decided that he should … Continue reading Chahal v The United Kingdom: ECHR 15 Nov 1996
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
Car Valeters contracts misdescribed their Duties The claimants worked cleaning cars for the appellants. They said that as workers they were entitled to holiday pay. The appellant said they were self-employed. Held: The contract purported to give rights which were not genuine, and the employment judge was entitled to reach that conclusion. The contractors were … Continue reading Autoclenz Ltd v Belcher and Others: CA 13 Oct 2009
Uninsured Driver Not Guilty of Causing Death The appellant though an uninsured driver, was driving without fault when another vehicle veered across the road. The other driver died from his injuries, and the appellant convicted of causing his death whilst uninsured. At trial he succeeded in arguing that he had not caused the death, but … Continue reading Hughes, Regina v: SC 31 Jul 2013
jafri_ssjEAT2013 EAT Unfair Dismissal : Reasonableness of Dismissal Unfair dismissal – attitude of third party making continued employment of employee impossible – whether tribunal considered whether employer took into account possible injustice to employee – whether errors of fact on part of tribunal undermined overall conclusion that employer had done what it could to prevent … Continue reading Jafri v Secretary of State for Justice and Another: EAT 20 Feb 2013
The claimants complained of the system where they were obliged to work for free to claim Jobseekers Allowance. Held: The 2011 Regulations were required to specify the schemes under which the claimants were to claim. Instead, the regulations had named a scheme of work and the details of it were set out elsewhere. This did … Continue reading Reilly and Another, Regina (on The Application of) v Secretary of State for Work and Pensions: CA 12 Feb 2013
The court considered the calculation of guarantee payments to be paid under the 1996 Act to employees who have been laid off or placed on short-time working because of a downturn in business. Sir Terence Etherton Ch, Kitchin, Underhill LJJ [2013] EWCA Civ 1148 Bailii Employment Rights Act 1996 England and Wales Citing: Appeal from … Continue reading Abercrombie and Others v Aga Rangemaster Ltd: CA 11 Oct 2013
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
Right to be Forgotten is not absolute The two claimants separately had criminal convictions from years before. They objected to the defendant indexing third party web pages which included personal data in the form of information about those convictions, which were now spent. The claims were in Data Protection and the common law tort of … Continue reading NT 1 and NT 2 v Google Llc: QBD 13 Apr 2018
The respondent was employed by the appellant. He was resident in GB, and was based here, but much work was overseas. At the time of his dismissal he was working in Libya. The company denied that UK law applied. He alleged unfair dismissal. Held: The company’s appeal failed. The details that he was dismissed by … Continue reading Ravat v Halliburton Manufacturing and Services Ltd: SC 8 Feb 2012
EAT UNFAIR DISMISSAL – JURISDICTIONAL POINTS – Excluded employments – Whether the Claimants, employed by the Respondent in its Parks Police Service, were excluded from bringing claims of ‘ordinary’ unfair dismissal by virtue of s.200 ERA 1996. Held: they were. Appeal allowed. Peter Clark J [2013] UKEAT 0496 – 12 – 0706 Bailii Employment Rights … Continue reading London Borough of Redbridge v Dhinsa and Another (Unfair Dismissal): EAT 7 Jun 2013
EAT VICTIMISATION DISCRIMINATION
Whistleblowing
Detriment
Whether or not a decision by the Chief Adjudicator of the Traffic Parking Tribunal not to allocate cases to a fee paid Parking Adjudicator . .
The claimant pursued Employment Tribunal proceedings against the Immigration Service when his security clearance was withdrawn. The Tribunal allowed the respondent to use a closed material procedure under which it was provided with evidence unseen . .
In this case, the Employment Appeal Tribunal (EAT) was asked to interpret Section 98(4) of the Employment Rights Act 1996 (the 1996 Act) and decide whether in failing to place an employee whose post had become redundant on a list of workers whose . .
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The employer appealed findings of constructive dismissal after two of its immigration officers had refused to be moved under mobility clauses in their contracts, rather than be made redundant. Held: The appeal succeeded. The question was not the Home Office’s motive for its change of mind, but whether it was legally entitled to invoke the … Continue reading Home Office v Evans and Laidlaw: CA 2 Nov 2007
The employee appealed against a decision rejecting her claim that the employer had made an unlawful deduction from her salary. Judges: Browne-Wilkinson J Citations: [2007] EWCA Civ 761, [2007] IRLR 777, [2007] ICR 167 Links: Bailii Statutes: Employment Rights Act 1996 13 Jurisdiction: England and Wales Citing: Cited – Jones v Associated Tunnelling Co Ltd … Continue reading Luke v Stoke-On-Trent City Council: CA 24 Jul 2007
Appeal against dismissal of claim of unauthorised deduction from wages. Judges: Sir Igor Judge P, Moore-Bick LJ, Sir Peter Gibson Citations: [2007] EWCA Civ 714 Links: Bailii Statutes: Employment Rights Act 1996 13 Jurisdiction: England and Wales Citing: Appeal from – Camden Primary Care Trust v Atchoe EAT 22-Aug-2006 EAT Unlawful Deduction from Wages – … Continue reading Camden Primary Care Trust v Atchoe: CA 9 May 2007
EAT UNLAWFUL DEDUCTION FROM WAGESThe Claimants made claims against their employer for an unlawful deduction from their wages contrary to the provisions of section 13 of the Employment Rights Act 1996, in respect of money due under its bonus scheme for the years 2009 and 2010. The Claimants had been dismissed by reason of gross … Continue reading Hellewell and Another v Axa Services Ltd and Another: EAT 25 Jul 2011
