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
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
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
EAT Practice and Procedure – Chairman alone. Whether owner of 50% of shares in company and director was employee and entitled to payment of arrears of pay on its insolvency. Judges: The Honourable Mr Justice Elias (President) Citations: [2006] UKEAT 0337 – 06 – 2510, UKEAT/0337/06, [2007] ICR 264 Links: Bailii, EAT Statutes: Employment Rights … Continue reading Gladwell v Secretary of State for Trade and Industry: EAT 25 Oct 2006
Victimisation Discrimination – Protected Disclosure – Interim Relief UNFAIR DISMISSAL The Claimant applied for interim relief pursuant to s.128 of the Employment Rights Act 1996 following the termination of his contract allegedly because he had made protected disclosures. The Respondent contended that there was no entitlement to make such an application as the Claimant was … Continue reading Hancock v Ter-Berg and Another: EAT 25 Jul 2019
This appeal concerns the directly effective right of police officers under EU law to have the principle of equal treatment applied to them. The question raised is whether the enforcement of that right by means of proceedings in the Employment Tribunal is barred by the principle of judicial immunity, where the allegedly discriminatory conduct is … Continue reading P v Commissioner of Police of The Metropolis: SC 25 Oct 2017
The claimant alleged that she had been discrimated against in her work for the appellant, a member of the diplomatic staff at the Saudi Embassy in London. She now appealed against a decision that the respondent had diplomatic immunity. Held: The appeal was allowed: ‘the question whether the exception in article 31(1)(c) would have applied … Continue reading Reyes v Al-Malki and Another: SC 18 Oct 2017
EAT CONTRACT OF EMPLOYMENT – Disciplinary and grievance procedure UNFAIR DISMISSAL – Reason for dismissal including substantial other reason (1) An employee who has been dismissed because of the breakdown of working relationships between himself and his colleagues (irrespective of whether he had been responsible for, or had contributed to, that breakdown) had not had … Continue reading Ezsias v North Glamorgan NHS Trust: EAT 18 Mar 2011
EAT Lindsay P J said: ‘We have before us the appeal of Mr John Sutherland in the matter Sutherland v. two respondents, Network Appliance Ltd and Network Appliance Inc. Ms McManus appears for the appellant and Mr Napier for both respondents. Although Ms McManus has a secondary and alternative argument, the appeal chiefly raises this … Continue reading Sutherland v Network Appliance Ltd and Another: EAT 15 May 2000
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
The plaintiff was a manager within the social services department. He suffered a mental breakdown in 1986, and had four months off work. His employers had refused to provide the increased support he requested. He had returned to work, but again, did not receive the staff or guidance to allow him to do the work … Continue reading Walker v Northumberland County Council: QBD 16 Nov 1994
EAT Contract of Employment – definition of employeeInsolvencyThe Appellants were a husband and wife who entered into contracts of employment with a company which they managed and which they between them owned 99.99% of the shares (the wife having just 51.99% and the husband 48%). When the company became insolvent they claimed against the Secretary … Continue reading Nesbitt v Secretary of State for Trade and Industry: EAT 10 Aug 2007
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
The claimant sought increased maternity pay. Before beginning her maternity leave she had been awarded a pay increase, but it was not backdated so as to affect the period upon which the calculation of her average pay was based. The court made a detailed comparison of the regimes for protection under the Employment Rights Act … Continue reading Alabaster v Barclays Bank Plc and Another: CA 3 May 2005
The claimant had sought damages against his employer, saying that they had failed in their duty to him under the 1997 Act in failing to prevent harassment by a manager. He appealed a strike out of his claim. Held: The appeal succeeded. The issue is whether an employer may be vicariously liable under section 3 … Continue reading Majrowski v Guy’s and St Thomas’ NHS Trust: CA 16 Mar 2005
The German courts construed a teacher’s duty of loyalty as absolute and owed equally by every civil servant, regardless of his or her function and rank under national law. Every civil servant, whatever his or her own opinion on the matter, must unambiguously renounce all groups and movements which the competent authorities hold to be … Continue reading Vogt v Germany: ECHR 1 Nov 1995
The claimant appealed after her claim for sex discrimination had failed. She had been dismissed from her position an associate minister of the church. The court had found that it had no jurisdiction, saying that her appointment was not an employment. However the jurisdiction in sex discrimination cases was wider, extending to those who ‘contract … Continue reading Percy v Church of Scotland Board of National Mission: HL 15 Dec 2005
CONTRACT OF EMPLOYMENT – Written particulars UNFAIR DISMISSAL – Dismissal/ambiguous resignationUNFAIR DISMISSAL – Contributory fault UNFAIR DISMISSAL – Polkey deduction The Tribunal erred in concluding that there had been no statement of particulars. The employee had been provided with a Service Agreement, which included his job title. There was no material change to his job … Continue reading Perrys Motor Sales Ltd v Smith: EAT 8 Mar 2018
EAT UNFAIR DISMISSAL – Reason for dismissal including substantial other reason UNFAIR DISMISSAL – Reasonableness of dismissal PRACTICE AND PROCEDURE – Withdrawal The Employment Judge erred in holding that the employer was correct to consider that it was obliged by section 15 of the Immigration, Asylum and Nationality Act 2006 to hold that it was … Continue reading Baker v Abellio London Ltd: EAT 5 Oct 2017
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 : Reasonableness of Dismissal DISABILITY DISCRIMINATION – Direct disability discrimination 1. The Respondent is a publicly funded independent school with approximately 1,200 pupils aged eight to 18 and is successor to a school administered by the local authority. The academy is what might be regarded as an ‘urban’ school. Its catchment area … Continue reading Bolton St Catherine’s Academy v O’Brien: EAT 18 Sep 2015
EAT Disability Discrimination : Disability – Direct disability discrimination – UNFAIR DISMISSAL – Reason for dismissal including substantial other reason Two points were permitted to proceed to this Full Hearing: (1) The Employment Tribunal sought to draw a distinction between ‘perceived’ and ‘suspected’ disability. That was unhelpful. However, the Employment Tribunal’s answer to the ‘reason … Continue reading Agbakoko v Allied Bakeries: EAT 5 Jun 2015
EAT Equal Pay Act : Article 141/European Law JURISDICTIONAL POINTS – Claim in time and effective date of termination The Employment Judge erred in directing himself in deciding whether there was a ‘stable employment relationship’ during a relevant period. He erroneously took into account features of continuity of employment within the meaning of the Employment … Continue reading Dass v The College of Haringey Enfield and North East London: EAT 27 Nov 2014
Mr Lawson was employed by Serco as a security supervisor at the British RAF base on Ascension Island, which is a dependency of the British Overseas Territory of St Helena. Mr Botham was employed as a youth worker at various Ministry of Defence establishments in Germany; under the NATO Status of Forces Agreement of 1951 … Continue reading Serco Ltd v Lawson; Botham v Ministry of Defence; Crofts and others v Veta Limited: HL 26 Jan 2006
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
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 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
chesteron_nurmohamedEAT201504 EAT VICTIMISATION DISCRIMINATION Whistleblowing Protected disclosure This appeal concerns the meaning of the words ‘in the public interest’ inserted into section 43B(1) of the Employment Rights Act 1996 by section17 of the Enterprise and Regulatory Reform Act 2013. The Respondent was Director of the Mayfair office of the First Appellant, a well-known firm of … Continue reading Chesterton Global Ltd (t/a Chestertons) and Another v Nurmohamed (Victimisation Discrimination: Whistleblowing): EAT 8 Apr 2015
EAT WORKING TIME REGULATIONS – Holiday pay Mr Lock was at the material time employed by British Gas as a salesman. His remuneration package included a basic salary plus commission which was based on the number and type of contracts he persuaded customers to enter into; in other words it was results-based commission and did … Continue reading British Gas Trading Ltd v Lock and Another (Working Time Regulations : Holiday Pay): EAT 22 Feb 2016
When a licence is really a tenancy The document signed by the occupier stated that she understood that she had been given a licence, and that she understood that she had not been granted a tenancy protected under the Rent Acts. Exclusive occupation was in fact granted. Held: This was a tenancy not a licence. … Continue reading Street v Mountford: HL 6 Mar 1985
The claimant’s claim had been presented to the Supreme Administrative Court in Austria, who had referred a question to the ECJ. Following the Schoning decision, the court withdrew the referral, and dismissed the claim. He now claimed damages from the state for the wrongful dismissal of his claim by the court. Held: It was for … Continue reading Kobler v Republik Osterreich: ECJ 30 Sep 2003
EAT TRANSFER OF UNDERTAKINGS – Insolvency – RIGHTS ON INSOLVENCY Employees were transferred from a company in administration to a former 90% shareholder who purchased its business. Three days later the business folded. All employees claimed arrears of pay, and holiday pay, three claimed for unpaid notice pay, and one for a redundancy payment. An … Continue reading Secretary of State of Business Innovation and Skills v Dobrucki and Others (Transfer of Undertakings: Insolvency): EAT 3 Feb 2015
The student, a Muslim wished to wear a full Islamic dress, the jilbab, but this was not consistent with the school’s uniform policy. She complained that this interfered with her right to express her religion. Held: The school’s appeal succeeded. The school had acted responsibly and carefully seeking to balance and respect several interests when … Continue reading Begum (otherwise SB), Regina (on the Application of) v Denbigh High School: HL 22 Mar 2006
martinez_spainECHR1407 Grand Chamber – Article 8-1 Respect for private life Refusal to renew teacher of Catholic religion and morals’ contract after he publicly revealed his position as a ‘married priest’: no violation Facts – The applicant is a secularised Catholic priest. In 1984 he applied to the Vatican for dispensation from the obligation of celibacy. … Continue reading Martinez v Spain: ECHR 12 Jun 2014
The employers were a well known roofing and tiling firm, Marley Tiles . The employer sought to impose post employment restrictions including a restriction on canvassing soliciting or dealing with customers in the whole of Devon and Cornwall. Within that area the plaintiffs had 2,500 customers. The covenant against soliciting was also a covenant against … Continue reading Marley Tile Co Ltd v Shaw: CA 1980
Employment Tribunals to Provide Sufficient Reasons Tribunals, when giving their decisions, are required to do no more than to make clear their findings of fact and to answer any question of law raised. Bingham LJ said: ‘It has on a number of occasions been made plain that the decision of an Industrial Tribunal is not … Continue reading Meek v City of Birmingham District Council: CA 18 Feb 1987
A solicitor had failed to register an option as a land charge over property. The court was asked what steps should have been taken by a solicitor in the conduct of a claim: ‘Mr Harman [leading counsel for the plaintiff] sought to rely upon the fact . .
References: (1775) 1 Cowp 341, [1775] EngR 58, (1775) 98 ER 1120 Links: Commonlii, Commonlii Coram: Mansfield LCJ Ratio:Mansfield LCJ set out the principle of ex turpi causa non oritur actio: ‘The objection, that a contract is immoral or illegal as between plaintiff and defendant, sounds at all times very ill in the mouth of … Continue reading Holman v Johnson; 5 Jul 1775
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