Search Results for: Employment Rights Act 1996 184

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Acts

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Secretary of State for Trade and Industry v Bottrill: EAT 12 Jan 1997

EAT Whether, and, if so, in what circumstances, a director and controlling shareholder of an insolvent company may recover from the Secretary of State for Trade and Industry payments in respect of debts falling within section 184 of the Employment Rights Act. Citations: [1997] UKEAT 516 – 97 – 1201, [1998] IRLR 120, [1998] ICR … Continue reading Secretary of State for Trade and Industry v Bottrill: EAT 12 Jan 1997

Sanha v Facilicom Cleaning Services Ltd (Unfair Dismissal): EAT 25 Feb 2020

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

Qua v John Ford Morrison (Solicitors): EAT 14 Jan 2003

The claimant appealed the refusal of her claim for a finding that her dismissal was automatically unfair. She had been employed for less than a year, and had taken several absences to care for her child. She claimed protection saying that her absences had been ‘dependants leave’. Held: When considering such a claim, the tribunal … Continue reading Qua v John Ford Morrison (Solicitors): EAT 14 Jan 2003

Croft v Royal Mail Group Plc (formerly Consignia Group plc): CA 18 Jul 2003

The employee was a transsexual, awaiting completion of surgical transformation to a woman. The employer said she could not use the female toilet facilities, but was offered use of the unisex disabled facilities. Held: The 1975 Act provides for a category of persons who are not to be discriminated against. By virtue of the definition … Continue reading Croft v Royal Mail Group Plc (formerly Consignia Group plc): CA 18 Jul 2003

Compass Group Plc v Ayodele: EAT 14 Jul 2011

EAT UNFAIR DISMISSAL – Retirement UNFAIR DISMISSAL – Polkey deduction Employee reaching retirement age requests extension – Employer purports to follow procedure under Schedule 6 of Employment Equality (Age) Regulations 2006 and rejects request – Tribunal holds, on basis of admissions from employer’s witnesses, that the managers in question regarded themselves as absolutely bound by … Continue reading Compass Group Plc v Ayodele: EAT 14 Jul 2011

Carmichael and Another v National Power Plc: HL 24 Jun 1999

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

Carson and Reynolds v Secretary of State for Work and Pensions: CA 17 Jun 2003

The claimant Reynolds challenged the differential treatment by age of jobseeker’s allowance. Carson complained that as a foreign resident pensioner, her benefits had not been uprated. The questions in each case were whether the benefit affected a ‘possession’ within the Convention or the discrimination was arbitrary so as to breach the applicants human rights. Held: … Continue reading Carson and Reynolds v Secretary of State for Work and Pensions: CA 17 Jun 2003

Carver (Nee Mascarenhas) v Saudi Arabian Airlines: CA 17 Mar 1999

The applicant was recruited in Saudi Arabia in 1986 as a flight attendant under a contract expressed to be subject to Saudi Arabian law. After being trained in Jeddah, and then employed in India for four years, she was transferred to be based in London, from which all her tours of duty as a flight … Continue reading Carver (Nee Mascarenhas) v Saudi Arabian Airlines: CA 17 Mar 1999

Connolly v Sellers Arenascene Ltd: CA 2 Feb 2001

The fact that a director held a majority shareholding in a company was not enough of itself to say he was not an employee. It is an important factor, but the tribunal must look at all the factors. The tribunal having decided that the director’s service agreement was not a sham, it was inevitable they … Continue reading Connolly v Sellers Arenascene Ltd: CA 2 Feb 2001

Ridge v Baldwin (No 1): HL 14 Mar 1963

No Condemnation Without Opportunity For Defence Ridge, a Chief Constable, had been wrongfully dismissed without being given the opportunity of presenting his defence. He had been acquitted of the charges brought against him, but the judge at trial had made adverse comments about his behaviour. He now accepted that he should leave, but sought to … Continue reading Ridge v Baldwin (No 1): HL 14 Mar 1963

Dow Jones and Co Inc v Jameel: CA 3 Feb 2005

Presumption of Damage in Defamation is rebuttable The defendant complained that the presumption in English law that the victim of a libel had suffered damage was incompatible with his right to a fair trial. They said the statements complained of were repetitions of statements made by US authorities. The claimant had asserted that no more … Continue reading Dow Jones and Co Inc v Jameel: CA 3 Feb 2005

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

Parry v Cleaver: HL 5 Feb 1969

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

Arley Homes North West Ltd v Cosgrave: EAT 14 Apr 2016

EAT Unlawful Deduction From Wages – Unauthorised deduction of wages – section 13 Employment Rights Act 1996 The Claimant claimed he had been entitled to full pay for 12 months’ sick leave. That contention was founded upon his case that the Respondent had entered into a binding service agreement with him (as its Managing Director) … Continue reading Arley Homes North West Ltd v Cosgrave: EAT 14 Apr 2016

Botham v The Ministry of Defence: QBD 26 Mar 2010

The claimant had been employed by the MOD. He was summarily dismissed for gross misconduct, and he was then placed on the list of persons unsuitable for work with children. He succeeded at the Tribunal in a claim for unfair and wrongful dismissal. The employer had failed to follow the contractual procedure, and the dismissal … Continue reading Botham v The Ministry of Defence: QBD 26 Mar 2010

Occidental Exploration and Production Company vRepublic of Ecuador: CA 9 Sep 2005

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

Mannai Investment Co Ltd v Eagle Star Assurance: HL 21 May 1997

Minor Irregularity in Break Notice Not Fatal Leases contained clauses allowing the tenant to break the lease by serving not less than six months notice to expire on the third anniversary of the commencement date of the term of the lease. The tenant gave notice to determine the leases on 12th January 1995, although the … Continue reading Mannai Investment Co Ltd v Eagle Star Assurance: HL 21 May 1997

Singh v Glass Express Midlands Ltd (Unfair Dismissal – Polkey Deduction): EAT 15 Jun 2018

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

Times Newspapers Ltd (Nos. 1 And 2) v The United Kingdom: ECHR 10 Mar 2009

The applicant alleged that the rule under United Kingdom law whereby each time material is downloaded from the Internet a new cause of action in libel proceedings accrued (‘the Internet publication rule’) constituted an unjustifiable and disproportionate restriction on its right to freedom of expression. Held: The rule did engage the claimants right of free … Continue reading Times Newspapers Ltd (Nos. 1 And 2) v The United Kingdom: ECHR 10 Mar 2009

Reports

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

law index

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