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Search Results for: Employment Rights Act 1996 182
The Secretary of State for Business Innovation and Skills v Coward and Another: EAT 21 Jul 2011
EAT RIGHTS ON INSOLVENCYThe Employment Judge erred in law in making an award of notice pay under section 182 of the Employment Rights Act 1996 when the employer company was not insolvent as defined in section 183(1) and (3). Secretary of State for Trade and Industry v Walden [2000] IRLR 168 applied. Judges: Richardson j … Continue reading The Secretary of State for Business Innovation and Skills v Coward and Another: EAT 21 Jul 2011
The Secretary of State for Business Innovations and Skills v Studders and Others: EAT 17 May 2011
EAT JURISDICTIONAL POINTS Worker, employee or neither Agency relationships The Claimants were not employees of Respondent 4, on its insolvency the Secretary of State had no liability to them under s.182-188 of the Employment Rights Act 1996. Judges: Serota QC J Citations: [2011] UKEAT 0571 – 10 – 1705 Links: Bailii Statutes: Employment Rights Act … Continue reading The Secretary of State for Business Innovations and Skills v Studders and Others: EAT 17 May 2011
Secretary of State for Business, Enterprise and Regulatory Reform v Neufeld and Another: CA 2 Apr 2009
The claimant had been majority shareholder and a director of his company which had become insolvent owing him arrears of wages. He had successfully claimed re-imbursement of the arrears and redundancy pay, and notice and holiday pay from the appellant. Held: Provided that the employment contract was not a sham, and was properly a contract … Continue reading Secretary of State for Business, Enterprise and Regulatory Reform v Neufeld and Another: CA 2 Apr 2009
The Secretary of State for Trade and Industry v Walden, Kealfreight Ltd: EAT 22 Jul 1999
Employee to show company insolvent to claim EAT Insolvent Employer – The onus is on the applicant seeking payment for lost wages from the Secretary of state to establish that the employer company is insolvent. There must be proof of the occurring of an event falling within section 183(3) EAT Insolvency – (no sub-topic) Judges: … Continue reading The Secretary of State for Trade and Industry v Walden, Kealfreight Ltd: EAT 22 Jul 1999
United Bank Ltd v Akhtar: 1989
An employer’s express right to transfer an employee may be qualified by the obligation of mutual trust and confidence. Citations: [1989] IRLR 507 Jurisdiction: England and Wales Cited by: Cited – Johnson v Unisys Ltd HL 23-Mar-2001 The claimant contended for a common law remedy covering the same ground as the statutory right available to … Continue reading United Bank Ltd v Akhtar: 1989
Booley v British Army Mod: EAT 19 Jul 2012
EAT PRACTICE AND PROCEDURE – Time for appealingJURISDICTIONAL POINTS – Excluded employmentsThe Claimant, a former soldier, resigned and claimed constructive unfair dismissal and breach of contract in the Employment Tribunal. It declined jurisdiction: Employment Rights Act 1996 ss191-2 disapply the Act to the armed forces. The Claimant received clear legal advice to that effect but … Continue reading Booley v British Army Mod: EAT 19 Jul 2012
Kenneth Cobley v Forward Technology Industries Plc: CA 14 May 2003
The claimant had been chief executive and a director of the respondent for many years, but was dismissed upon it being taken over. His contract of employment as chief executive provided that it was to be coterminous with his appointment as director. Held: The tribunal were not wrong in law in identifying the reason and … Continue reading Kenneth Cobley v Forward Technology Industries Plc: CA 14 May 2003
Pillay v Inc Research UK Ltd: EAT 9 Sep 2011
EAT (Practice and Procedure : Striking-Out or Dismissal) The Employment Judge ought not to have struck out the Claimant’s claim for unfair dismissal under section 103A of the Employment Rights Act 1996. Ezsias v North Glamorgan NHS Trust [2007] ICR 1126 applied. Judges: Richardson J Citations: [2011] UKEAT 0182 – 11 – 0909 Links: Bailii … Continue reading Pillay v Inc Research UK Ltd: EAT 9 Sep 2011
Abernethy v Mott Hay and Anderson: CA 1974
Lord Cairns said: ‘A reason for the dismissal of an employee is a set of facts known to the employer, or it may be of beliefs held by him, which cause him to dismiss the employee. If at the time of his dismissal the employer gives a reason for it, that is no doubt evidence, … Continue reading Abernethy v Mott Hay and Anderson: CA 1974
El-Megrisi v Azad University (Ir) In Oxford: EAT 5 May 2009
EAT VICTIMISATION DISCRIMINATION: Whistleblowing Appellant raised concerns with employer about immigration status of staff and students, and other alleged irregularities – Dismissed shortly afterwards – Claim of ‘ordinary’ unfair dismissal but also of detriment and dismissal for making a protected disclosure contrary to ss 47B and 103A of the Employment Rights Act 1996. Held: (1) … Continue reading El-Megrisi v Azad University (Ir) In Oxford: EAT 5 May 2009
Priddle v Dibble: EAT 1978
The reasons available to an employer under section 98(1)(b) are not limited to reasons of the same kind as those spelt out in section 98(2), nor do they require consideration of the fairness of the dismissal, which falls to be considered under section 98(4) rather than at the prior stage of identifying the reason for … Continue reading Priddle v Dibble: EAT 1978
Foaminol Laboratories Ltd v British Artide Plastics Ltd: 1941
There is no justification for artificially excising from the damages recoverable for breach of contract that part of the financial loss which might or might not be the subject of a successful claim in defamation. A claim for mere loss of reputation is properly for an action for defamation, and cannot ordinarily be sustained by … Continue reading Foaminol Laboratories Ltd v British Artide Plastics Ltd: 1941
Miles v Wakefield Metropolitan District Council: HL 1987
The claimant was a superintendent registrar of Births Deaths and Marriages. His union instructed him not to conduct weddings on Saturdays. He had been told that if he failed to perform his full range of duties on a Saturday (including marriages), he would not be required to attend for work and would not be paid. … Continue reading Miles v Wakefield Metropolitan District Council: HL 1987
Graysons Restaurants Ltd v Jones and Others: EAT 7 Nov 2017
EAT TRANSFER OF UNDERTAKINGS – Insolvency RIGHTS ON INSOLVENCY Two short questions of construction arise in an employer insolvency context concerning rights of employees to arrears of pay under Part XII ERA 1996. The first is whether a claim for equal pay arrears is a claim for ‘arrears of pay’, and in circumstances where the … Continue reading Graysons Restaurants Ltd v Jones and Others: EAT 7 Nov 2017
Birmingham City Council v Lawrence (Disability Discrimination): EAT 2 Jun 2017
EAT DISABILITY DISCRIMINATION – Section 15 DISABILITY DISCRIMINATION – Reasonable adjustments UNFAIR DISMISSAL -Reasonableness of dismissal Disability discrimination – discrimination by means of unfavourable treatment because of something arising in consequence of disability – section 15 Equality Act 2010 Disability discrimination – discrimination by means of a failure to comply with a duty to make … Continue reading Birmingham City Council v Lawrence (Disability Discrimination): EAT 2 Jun 2017
Nelson v British Broadcasting Corporation: CA 1977
Mr Nelson was employed as a producer but had in fact been engaged in the Caribbean Service of the BBC in terms of the work which he had actually been doing. The contract of employment expressly provided that he should serve wherever and however he might be required. Held: The closure of the BBC service … Continue reading Nelson v British Broadcasting Corporation: CA 1977
Prudential Assurance Company Ltd v Revenue and Customs: SC 25 Jul 2018
PAC sought to recover excess advance corporation tax paid under a UK system contrary to EU law. It was now agreed that some was repayable but now the quantum. Five issues separated the parties. Issue I: does EU law require the tax credit to be set by reference to the overseas tax actually paid, as … Continue reading Prudential Assurance Company Ltd v Revenue and Customs: SC 25 Jul 2018
Jivraj v Hashwani: SC 27 Jul 2011
The parties had a joint venture agreement which provided that any dispute was to be referred to an arbitrator from the Ismaili community. The claimant said that this method of appointment became void as a discriminatory provision under the 2003 Regulations. The High Court found the appointment to be outwith the provisions, but this was … Continue reading Jivraj v Hashwani: SC 27 Jul 2011
West Midland Baptist (Trust) Association (Inc) v Birmingham Corporation: HL 1970
The mere fact that an enactment shows that Parliament must have thought that the law was one thing, does not preclude the courts from deciding that the law was in fact something different. The position would be different if the provisions of the enactment were such that they would only be workable if the law … Continue reading West Midland Baptist (Trust) Association (Inc) v Birmingham Corporation: HL 1970
James v Eastleigh Borough Council: HL 14 Jun 1990
Result Decides Dscrimination not Motive The Council had allowed free entry to its swimming pools to those of pensionable age (ie women of 60 and men of 65). A 61 year old man successfully complained of sexual discrimination. Held: The 1975 Act directly discriminated between men and women by treating women more favourably on the … Continue reading James v Eastleigh Borough Council: HL 14 Jun 1990
Lonrho Ltd v Shell Petroleum Co Ltd (No 2): HL 1 Apr 1981
No General Liability in Tort for Wrongful Acts The plaintiff had previously constructed an oil supply pipeline from Beira to Mozambique. After Rhodesia declared unilateral independence, it became a criminal offence to supply to Rhodesia without a licence. The plaintiff ceased supply as required, but complained that the defendants had continued to make supplies by … Continue reading Lonrho Ltd v Shell Petroleum Co Ltd (No 2): HL 1 Apr 1981
Newcastle Upon Tyne Hospitals NHS Foundation Trust v Haywood: SC 25 Apr 2018
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
Addis v Gramophone Company Limited: HL 26 Jul 1909
Mr Addis was wrongfully and contumeliously dismissed from his post as the defendant’s manager in Calcutta. He sought additional damages for the manner of his dismissal. Held: It did not matter whether the claim was under wrongful dismissal. There was a breach of contract in not allowing the plaintiff to discharge his duties as manager, … Continue reading Addis v Gramophone Company Limited: HL 26 Jul 1909
Titchener and Others v The Secretary of State for Trade and Industry: EAT 21 Sep 2001
The applicants challenged the calculation of sums payable to them by the respondent after the insolvency of their respective employers. The ET had found against them, and they appealed. Payments were subject to a cap at pounds 220 per week. The . .
Malloch v Aberdeen Corporation: HL 1971
A common law action for wrongful dismissal can at most yield compensation measured by reference to the salary that should have been paid during the contractual period of notice. Lord Reid said: ‘At common law a master is not bound to hear his . .
Scally v Southern Health and Social Services Board: HL 1991
The plaintiffs were junior doctors employed by the respondents. Their terms had been collectively negotiated, and incorporated the Regulations. During the period of their employment different regulations had given and then taken way their right to . .
