Employees notice of intention to return to work after maternity leave need not be given in writing. An ambiguous Act interpreted to purposively accord with European law under which made. Citations: Times 10-Jun-1998 Statutes: Employment Rights Act 1996 80(1) Jurisdiction: England and Wales Employment Updated: 09 December 2022; Ref: scu.82787
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
Unfair Dismissal The Respondent appealed the Tribunal’s decision that the Claimant had been unfairly dismissed. The Tribunal had concluded that having regard to s. 98 of the Employment Rights Act 1996 the Respondents decision to dismiss fell outside the band of reasonable responses. On Appeal the Respondent argued that the Tribunal had fallen into a … Continue reading Northbay Pelagic Ltd v Anderson (Unfair Dismissal): EAT 28 Jan 2021
The claimant had been dismissed. He said the manner of his dismissal had caused him to suffer a mental breakdown, and claimed for loss of earnings. He asserted a duty on an employer not to dismiss him in such a way as to infringe the duty of trust and confidence. He succeeded in a claim … Continue reading Johnson v Unisys Limited: CA 4 Dec 1998
Sex Discrimination The Employment Judge erred in law in holding that all that is necessary for a person to be an employee in the extended sense for the purposes of section 83(2) Equality Act 2010 is that the person should have entered into a contract under which she or he agrees to do work personally. … Continue reading Alemi v Mitchell and Another (Sex Discrimination): EAT 8 Jan 2021
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 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
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
The transfer of an undertaking involved a series of acts which need not occur at the same time and the time of such transfer must be construed flexibly to reflect the period of time over which the transfer actually occurs. Citations: Times 10-Sep-1998, Gazette 30-Sep-1998, [1998] EWCA Civ 1294, [1998] IRLR 577, [1998] 4 All … Continue reading Clark Tokeley Ltd (T/a Spell Brook Ltd) v Oakes and others: CA 27 Jul 1998
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 court considered the dismissal by an employer of an employee for a disciplinary offence when he would not have been dismissed but for an earlier warning which had expired. Held: The company’s appeal succeded. The court summarised the balance as follows: ‘On the one hand, if the employer has chosen to impose a time-limited … Continue reading Airbus UK Ltd v MG Webb: CA 7 Feb 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
When a one year fixed term employment contract was extended by a period of less than a year, but then not again renewed, there was no unfair dismissal, since the exemption for the original term applied also to any extension. There had been conflicting interpretations of the statutory provisions. S197 could not be construed on … Continue reading British Broadcasting Corporation v Kelly-Phillips: CA 24 Apr 1998
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
Women had taken extended maternity leave, but having followed the procedures, had been unable for illness to return to work on the day they had notified. The employer then asserted that the claimants had resigned. The EAT had confirm that they had not been unfairly dismissed. Held: The legislation provided ‘special protection for the security … Continue reading Kwik Save Stores Limited v Greaves; Crees v Royal London Mutual Insurance Society Limited: CA 20 Jan 1998
No sex discrimination was involved in company’s retirement benefits scheme even though it was affected by differences for part time workers, and even though more women worked part time Citations: Gazette 26-Feb-1998, Times 29-Dec-1997, [1998] 1 All ER 805, [1997] EWCA Civ 3037, [1999] ICR 319, [1998] IRLR 138 Links: Bailii Statutes: Equal Pay Act … Continue reading Barry v Midland Bank Plc: CA 18 Dec 1997
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
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
The acquired rights directive applies to a board of governors of a school since it is an ’emanation of state’. LMA This was a claim by teachers who had lost their jobs. They claimed the protection of te hDirective. Held: The governing body of the voluntary aided school was an emanation of the State. The … Continue reading National Union of Teachers and others v Governing Body of St Mary’s Church of England (Aided) Junior School and others: CA 12 Dec 1996
The employee at the time of her dismissal was expressly debarred by statute from bringing her complaint of unfair dismissal because she was a part-time employee. It was only many years later the statute was held to impugn EU law and had done so retrospectively. Held: Despite the fact that the Claimant could not have … Continue reading Biggs v Somerset County Council: CA 29 Jan 1996
The applicant had been born and registered as a female, but later came to receive treatment and to live as a male. He complained that the respondent had failed to amend his birth certificate. Held: The court accepted that, by failing to confer on a transsexual a right to an amended birth certificate, the state … Continue reading Rees v The United Kingdom: ECHR 17 Oct 1986
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
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
The court considered the liability of insurers of companies now wound up for mesothelioma injuries suffered by former employees of those companies, and in particular whether the 1930 Act could be used to impose liability. The insurers now appealed against findings that some policies, those which insured against injury ‘sustained’ during the policy period, as … Continue reading Employers’ Liability Insurance ‘Trigger’ Litigation: BAI (Run Off) Ltd v Durham and Others: SC 28 Mar 2012
EAT NATIONAL MINIMUM WAGE ACT 1998National Minimum Wage Regulations 1999, Reg. 2(2)Unauthorised deductions from wagesAll three Claimants were foreign domestic workers employed in the Respondents’ households. The EAT held that the work done by each of the three Claimants for their respective employers was work to which regulation 2(2) of the National Minimum Wage Regulations … Continue reading Julio v Jose: EAT 8 Dec 2011
EAT NATIONAL MINIMUM WAGE ACT 1998National Minimum Wage Regulations 1999, Reg. 2(2)Unauthorised deductions from wagesAll three Claimants were foreign domestic workers employed in the Respondents’ households. The EAT held that the work done by each of the three Claimants for their respective employers was work to which regulation 2(2) of the National Minimum Wage Regulations … Continue reading Jose v Julio: EAT 8 Dec 2011
EAT NATIONAL MINIMUM WAGE ACT 1998 National Minimum Wage Regulations 1999, Reg. 2(2) Unauthorised deductions from wages All three Claimants were foreign domestic workers employed in the Respondents’ households. The EAT held that the work done by each of the three Claimants for their respective employers was work to which regulation 2(2) of the National … Continue reading Chamsi-Pasha and Another v Udin and Another: EAT 8 Dec 2011
EAT NATIONAL MINIMUM WAGE ACT 1998 National Minimum Wage Regulations 1999, Reg. 2(2)Unauthorised deductions from wages All three Claimants were foreign domestic workers employed in the Respondents’ households. The EAT held that the work done by each of the three Claimants for their respective employers was work to which regulation 2(2) of the National Minimum … Continue reading Udin v Chamsi-Pasha and Others: EAT 8 Dec 2011
Appeal at the instance of the employee applicant in respect of a finding by the Employment Tribunal confirmed on review that in the relevant circumstances the respondent employer was not in breach of section 1(1) of the National Minimum Wage Act 1998 nor had they made any unlawful deductions from the applicant’s wages in contravention … Continue reading Laird v A K Stoddart Ltd: EAT 18 Jan 2001
VICTIMISATION DICRIMINATION – Protected disclosure The Claimant alleged in her Particulars of Claim that the Respondent subjected her to a detriment because she had alleged in an email of 1 December 2015 that asking her to work certain hours would be a breach of the Working Time Regulations 1998. A list of issues agreed at … Continue reading Saha v Capita Plc: EAT 29 Nov 2018
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
The claimant, Mr Tellerup, was employed as a restaurant manager by the transferor, Irma Catering A/S. When its lease was terminated it dismissed all staff. Mr Tellerup’s statutory period of notice expired on 30 April 1983. But it continued to run the business with the same staff until 25 February 1983, from when a new … Continue reading Foreningen Af Arbejdsledere I Danmark v Daddy’s Dance Hall A/S: ECJ 10 Feb 1988
The claimant had argued that she had been unfairly dismissed since her dismissal was founded in her making a protected disclosure. The ET had not accepted either her explanation or that of the employer. Held: The employee’s appeal failed, and the employer’s succeeded. It was wrong to draw parallels with prohibited grounds reasons and unfair … Continue reading Kuzel v Roche Products Ltd: CA 17 Apr 2008
All information available to an employer at the date of the termination of the employment relationship is relevant when considering the fairness of dismissal, and also any information becoming available during the course of, for example, an internal appeal, even post-termination, is relevant. An employer may be considered to have acted unfairly if he refuses … Continue reading West Midlands Co-operative Society v Tipton: HL 1986
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
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
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 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
Mrs Wallis was employed by the Ministry of Defence at the international school attached to SHAPE in Belgium. Mrs Grocott was employed by the Ministry in the British section of the Armed Forces North International School in the Netherlands. Both SHAPE and JFC are entities within the structure of NATO. They were recruited because they … Continue reading Ministry of Defence v Wallis and Grocott: CA 8 Mar 2011
EAT PRACTICE AND PROCEDURE – Appellate jurisdiction/reasons/Burns-Barke An Employment Tribunal decision must comply in both form and substance with 30(6) of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004 SI No. 1861 and failure to do so will amount to an error of law; Balfour Beatty Power Networks Ltd v Wilcox [2006] EWCA … Continue reading Greenwood v NWF Retail Ltd: EAT 18 Feb 2011
EAT PRACTICE AND PROCEDURE – Appellate jurisdiction/reasons/Burns-Barke An Employment Tribunal decision must comply in both form and substance with 30(6) of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004 SI No. 1861 and failure to do so will amount to an error of law; Balfour Beatty Power Networks Ltd v Wilcox [2006] EWCA … Continue reading Norman and Another v NWF Retail Ltd: EAT 18 Feb 2011
EAT WORKING TIME REGULATIONS – Holiday payCONTRACT OF EMPLOYMENT – Sick pay and holiday payThe employee was entitled under his contract to be paid for leave taken on the basis of his ‘average’ working hours. In context this was basic hours plus overtime hours.The Employment Appeal Tribunal is bound by the judgment of the Court … Continue reading Crossland v Corps of Commissionaires Management Ltd: EAT 18 Aug 2010
The pursuer, living in England was dismissed from a post by the defenders whilst he was working for them in Libya. He claimed unfair dismissal. They said that his employment was not subject to British Law. Held: The employment was governed by UK law. Judges: Lord Osborne, Lord Carloway, Lord Brodie Citations: [2010] ScotCS CSIH … Continue reading Ravat v Halliburton Manufacturing and Services Ltd: SCS 22 Jun 2010
In a case on the issue of sufficiency of qualifying service for bringing an ordinary case of unfair dismissal, the court considered the allocation of the burden of proof in employment cases. Held: The burden is upon he who is seeking to rely upon the exception to bring himself within it. The court also considered … Continue reading Smith v Hayle Town Council: CA 1978
A nurse was employed under a contract, under which there was no mutuality of obligation; she could refuse work and employer need offer none. This meant that there was no employment capable of allowing an unfair dismissal issue to arise.Sir Christopher Slade summarised as follows: ‘Principles governing appeals from an industrial tribunal At first impression … Continue reading Clark v Oxfordshire Health Authority: CA 18 Dec 1997
Uber drivers are workers The claimant Uber drivers sought the status of workers, allowing them to claim the associated statutory employment benefits. The company now appealed from a finding that they were workers. Held: The appeal failed (Underhill LJ dissenting) The drivers accepted the control of tee Uber app: ‘Even if drivers are not obliged … Continue reading Uber Bv and Others v Aslam and Others: CA 19 Dec 2018
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 Circumstances in which Tribunal erred in finding that employers had failed to comply with the statutory grievance procedure. Conflation of matters relevant to an assessment of fairness of procedure under section 98 of the Employment Rights Act 1996 with the narrow and more limited requirements of the SGP. Citations: [2009] UKEAT 0021 – 09 … Continue reading Bells Food Group Ltd v Latimer: EAT 28 Jul 2009
EAT JURISDICTIONAL POINTS: Worker, employee or neitherFor 13 years the Claimant worked installing double glazing for the Respondent. In 2004 he signed a ‘contract supply agreement’ though matters continued as before. On the Respondent ceasing to use his services the Claimant claimed unfair dismissal. The Respondent asserted the Claimant was not an employee but a … Continue reading Launahurst Ltd v Larner: EAT 18 Aug 2009
EAT JURISDICTIONAL POINTS: 2002 Act and pre-action requirementsA teacher was given notice to terminate her limited-term contract of employment before a meeting to discuss it. The Employment Tribunal correctly found this was a breach of the 2002 Act regime and automatically unfair contrary to Employment Rights Act 1996 s98A. The correct sequence is this: the … Continue reading Birdwell Primary School v Fitzgerald: EAT 28 May 2009
EAT VICTIMISATION DISCRIMINATION: Whistleblowing / Protected disclosure Employment Tribunal did not go beyond the remit directed by the Employment Appeal Tribunal in further considering the Claimant’s claims after remission to it further consideration by the Employment Appeal Tribunal. Citations: [2008] UKEAT 0088 – 08 – 2005 Links: Bailii Jurisdiction: England and Wales Citing: See Also … Continue reading Redcar and Cleveland Borough Council v Scanlon: EAT 20 May 2008
EAT JURISDICTIONAL POINTS – Extension of time: reasonably practicableClaimant dismissed for misconduct – Internal appeal panel decision announced orally without reasons two days before expiry of three-month limit under s. 111 (2) of Employment Rights Act 1996 – On basis of oral decision, Claimant believes ‘hopeless’ to bring unfair dismissal claim – On receipt of … Continue reading Cambridge and Peterborough Foundation NHS Trust v Crouchman: EAT 8 May 2009
EAT UNFAIR DISMISSAL: Constructive dismissalWhether fundamental breach of implied term of trust and confidence cured, so that the Claimant’s resignation did not amount to constructive dismissal.Whether the range of reasonable responses test has any place in the question as to whether an employee has been constructively dismissed. Fairbrother and Claridge considered and not followed.General observations … Continue reading Bournemouth University Higher Education Corp v Buckland: EAT 8 May 2009
The 1978 Directive required consultation in the case of collective redundancies. Acts had incorrectly incorporated this requirement into English law. The error was corrected in the 1995 Regulations. Held: Anything is ‘related to’ a Community obligation so long as it is not distinct, separate or divorced from it. The 1995 Regulations were valid.Otton LJ said: … Continue reading Regina v Secretary of State for Trade and Industry ex parte Unison: 1996
EAT JURISDICTIONAL POINTSClaim in time and effective date of termination2002 Act and pre-action requirementsSTATUTORY DISCIPLINE AND GRIEVANCE PROCEDURESWhether infringedEDT – Step 1 Grievance – Continuing act (limitation). Citations: [2008] UKEAT 0352 – 08 – 1212 Links: Bailii Statutes: Employment Rights Act 1996 108(1) Citing: Cited – Shergold v Fieldway Medical Centre EAT 5-Dec-2005 The claimant … Continue reading Tomlinson v Computer Software Group Ltd and others: EAT 12 Dec 2008
EAT UNLAWFUL DEDUCTION FROM WAGES A deduction of andpound;65,000 from untaxed bonus earnings of a trader indicated by the HMRC under threat of enforcement is an excepted deduction under Employment Rights Act 1996 s14(3), which applies not simply to formal determinations under PAYE Regulation 80 but to other decisions. The employer was bound to make … Continue reading Patel v Marquette Partners (UK) Ltd: EAT 3 Sep 2008
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
EAT CONSTRUCTIVE UNFAIR DISMISSAL DISABILITY DISCRIMINATION Direct disability discrimination/Disability related discrimination/ Reasonable adjustments The Claimant claimed constructive unfair dismissal and disability discrimination, taking the form of direct discrimination, disability related discrimination and the failure to make reasonable adjustments. The Respondent contended it did not dismiss her, for she took early retirement and she was treated … Continue reading Miller v The Ridings High School: EAT 24 Sep 2008
EAT PRACTICE AND PROCEDURE: Postponement or stay Employment Tribunal refused to postpone remedy hearing until after appeals by both parties heard at full hearing by the Employment Appeal Tribunal. Material factor not brought to Employment Judge by party opposing postponement application. Applying Wednesbury principles Judge was thereby led into error. Exercising powers of Employment Tribunal … Continue reading Abbey National Plc v Bascetta: EAT 5 Dec 2008
The claimant a citizen of the Netherlands, appealed against the refusal to grant him housing assistance. He had been unemployed save for taking casual work during the Wimbledon championships, but the Authority had denied that he was a worker. He had also suffered an injury preventing him working. Held: The appeal succeeded. The term ‘worker’ … Continue reading Barry v London Borough of Southwark: CA 19 Dec 2008
EAT JURISDICTIONAL POINTS: 2002 Act and pre-action requirements Claim for detriment under section 48 of the Employment Rights Act 1996 does require a grievance letter to launch proceedings. Schedule 2, paragraph 15, Employment Act 2002 only applies to the protected disclosures provision in Part 4A of the Employment Rights Act 1996. Citations: [2008] UKEAT 0274 … Continue reading Waite v South East Coast Ambulance Service NHS Trust: EAT 17 Oct 2008
EAT UNFAIR DISMISSAL: Dismissal/ambiguous resignation 1. The claimant handed in a letter of resignation to the respondents and he was then given a period of about 30 minutes to reconsider his decision. 2. He confirmed that he wished to resign but he later sought to change his mind. 3. The claimant claimed that he had … Continue reading Ali v Birmingham City Council: EAT 27 Oct 2008
EAT CONTRACT OF EMPLOYMENT: Whether established Tribunal Chairman correct not to imply contract between agency worker and end user. Judges: Elias P Citations: [2008] UKEAT 0132 – 08 – 2608 Links: Bailii Statutes: Employment Rights Act 1996 Cited by: Appeal from – Muschett v HM Prison Service CA 2-Feb-2010 The claimant had been employed through … Continue reading Muschett v HM Prison Service: EAT 26 Aug 2008
EAT JURISDICTIONAL POINTS: Continuity of employment Company A dismissed the employee and went into creditors’ voluntary liquidation. Six weeks later, when the employee was absent due to a temporary cessation of work pursuant to the Employment Rights Act 1996 s212(3)(b), and so that time counted towards one year’s continuous employment under s108, Company B hired … Continue reading Da Silva Junior v Composite Mouldings and Design Ltd: EAT 18 Aug 2008
EAT TIME OFF: Parental leave/dependant The employee was told on 8 December that her childminder was unavailable for 22 December. She did all she could to make alternative care arrangements but was unsuccessful. She asked the employers for the day off, under s57A(1)(d) of the Employment Rights Act 1996, but they refused and subsequently disciplined … Continue reading Royal Bank of Scotland Plc v Harrison: EAT 27 Jun 2008
EAT CONTRACT OF EMPLOYMENTJURISDICTIONAL POINTS: Worker, employee or neitherReference under s.11 of the Employment Rights Act 1996 regarding statement of commencement date of employment. Written contract issued in 2001 showing start date of 1 October 2001 but claimant having worked for the respondents since 1990. Employment Tribunal’s judgment that 1 October 2001 was an accurate … Continue reading Booth v The Scottish Daily Record and Another: EAT 19 Jun 2008
EAT UNFAIR DISMISSAL: Automatically unfair reasons PRACTICE AND PROCEDURE: Appellate jurisdiction/reasons/Burns-Barke The employee claimed that she had been dismissed for making protected disclosures and that her dismissal was unfair under s98A(1) and 98(4) of the Employment Rights Act 1996 (ERA). She failed on protected disclosure; the dismissal was unfair under s98A(1) but if a proper … Continue reading Muchesa v Central and Cecil Housing Care Support: EAT 22 Aug 2008
The defendant signed an employment contract to join the claimants as a senior broker. He changed his mind and decided to stay in his existing job. The new employers sued for breach of contract. The defendant said that the claimants had refused to indemnify him should his employers claim under a restrictive covenant. He had … Continue reading Tullett Prebon Group Ltd v El-Hajjali: QBD 31 Jul 2008
EAT VICTIMISATION DISCRIMINATION – Protected disclosureDismissal for making a protected disclosure Employment Tribunal decision upheld. Suffering a detriment for the same reason. Employment Tribunal decision inadequate and committed to a different decision for determination. Judges: Wilkie J Citations: [2008] UKEAT 0094 – 08 – 1605 Links: Bailii Statutes: Employment Rights Act 1996 47B 103(A) Jurisdiction: … Continue reading Network Rail Infrastructure Ltd v Glencross: EAT 16 May 2008
EAT UNFAIR DISMISSAL: Reasonableness of dismissal JURISDICTIONAL POINTS: 2002 Act and pre-action requirements The majority judgment of the Employment Tribunal that the Respondent dismissed the Claimant unfairly in breach of the EADR 2004, Steps 1 and 2(ii)(b), and if necessary, Employment Rights Act 1996 s98(4), was set aside. It was made without explanation as to … Continue reading London United Busways Ltd v Salim: EAT 30 May 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
EAT Transfer of Undertakings – Where, in connection with a transfer, the transferee directs the transferor to dismiss an employee in the claim that she had previously taken the transferee to an Employment Tribunal, the employee has a claim under s104 of the Employment Rights Act 1996 against the transferee. Citations: [2008] UKEAT 0616 – … Continue reading Perry’s Motor Sales Ltd and Another v Lindley: EAT 2 May 2008
EAT Unfair dismissal – Reinstatement/re-engagement This appeal, listed for full hearing, raised the ET’s approach to reinstatement and reengagement at a Remedies Hearing and whether the ET had complied with their statutory duty under section 112(2) Employment Rights Act 1996 to explain these remedies to the Claimant and seek his wishes. This duty was held … Continue reading Bass v Travis Perkins Trading Company Ltd: EAT 21 May 2008
The court was asked as to whether the provisions for the reversal of the burden of proof in discrimination cases was limited to findings of discrimination or extended also to issues of victimisation, and as to whether section 5A had properly incorporated the European Directive. Held: The test in section 54A and in Igen v … Continue reading Oyarce v Cheshire County Council: CA 2 May 2008
The appellant company appealed dismissal of their defence to a claim for unfair dismissal that the employment contract was tainted with illegality. The EAT had heard two cases with raised the question of the effect on unfair dismissal claims of illegality. Held: These were not cases in which false representations had been made. That was … Continue reading Enfield Technical Services Ltd v Payne and Another: CA 22 Apr 2008
The claimant said that she had been discriminated against on the ground of her pregnancy having been suspended from her post as duty manager, the company saying that the job involved a risk to her health. The tribunal found that her managers had not conducted a proper assessment, but had assumed a patronising and dismissive … Continue reading New Southern Railway Ltd v Quinn: EAT 28 Nov 2005
EAT Jurisdictional Points – Worker, employee or neitherThe Employment Judge erred in holding that the Claimant was not an employee when he was a 90% majority shareholder yet had a contract of employment as a salesman which was not a sham, and the parties conducted themselves in accordance with the contract. Applying the subsequently decided … Continue reading Neufeld v A and N Communications In Print Ltd and Another: EAT 11 Apr 2008
Unfair dismissal – reasonableness of dismissal – section 98(4) Employment Rights Act 1996 The Claimant was a teacher employed by the Respondent who had an unblemished career until it was alleged that he had acted inappropriately by grabbing a pupil (pupil A), pushing him against a wall and putting his fingers to the pupil’s throat. … Continue reading Hargreaves v Manchester Grammar School: EAT 11 Jun 2018
The professor had sought time off to represent another lecturer claiming race discrimination against the University. The University said that her behaviour created a conflict of interest with the University. She continued and herself claimed victimisation. After the case failed, she was herself suspended, and her email account searched from which further disciplinary charges were … Continue reading Fosh v Cardiff University: EAT 23 Jan 2008
The claimant appealed against rejection of his claim for unfair dismissal and similar, the decision being made that the applications were out of time. He also complained that the hearing had effectively heard been in private. Held: No arguable point of law had been demonstrated and the appeal failed. Judges: Peter Clark HHJ Citations: [1998] … Continue reading Storer v British Gas Plc: EAT 16 Oct 1998
EAT UNFAIR DISMISSAL: Reasonableness of dismissal / Mitigation of lossSTATUTORY DISCIPLINE AND GRIEVANCE PROCEDURES – Whether infringedAn Employment Tribunal had correctly held that the failure of an employer to provide adequate details of the complaints against an employee vitiated the disciplinary proceedings so that the dismissal was automatically unfair by virtue of Section 98A Employment … Continue reading Sandsfield Gravel Co Ltd v Loving: EAT 28 Apr 2009
The applicants worked under an arrangement where they received considerable payments additional to their basic pay for compulsory overtime, but the holiday pay was calculated by the employer on the basic pay. Held: The 1998 Regulations were intended to protect workers, but the directive did not require any payment over and above the contractual entitlement. … Continue reading D Bamsey and others v Albon Engineering and Manufacturing Plc: CA 25 Mar 2004
UNFAIR DISMISSAL – Exclusions including worker/jurisdiction UNFAIR DISMISSAL – Reason for dismissal including substantial other reason UNFAIR DISMISSAL – Reasonableness of dismissal UNFAIR DISMISSAL – Polkey deduction The Claimant was a Reservist in the Marines. He was dismissed without warning for some other substantial reason in that he had committed to undertake a seven-week training … Continue reading Hawkes v Ausin Group (UK) Ltd: EAT 14 Jun 2018
Contract of Employment – Written particulars – uplift under section 38(3) of the Employment Act 2002 The Employment Judge erred in law in increasing an award by virtue of section 38(3) of the Employment Act 2002. The Appellant was not in breach of its duty under section 1 of the Employment Rights Act 1996 when … Continue reading Govdata Ltd v Denton: EAT 28 Jan 2019
EAT Contract of Employment – In this case we have held that where a Claimant teacher has accepted a succession of short term special teaching assignments, in circumstances where the Respondent employer was not obliged to offer further assignments and the teacher was not obliged to accept them, she was to be regarded nevertheless as … Continue reading Cornwall County Council v Prater: EAT 8 Jun 2005
Unlawful Deduction From Wages – The Claimant claimed sums that he said were due to him by way of unpaid bonus. His written contract of employment stated that any bonus was discretionary but there had been a further agreement regarding his bonus when he was promoted to General Manager in April 2015. The Respondent argued … Continue reading Bluestones Medical Recruitment Ltd v Swinnerton: EAT 18 Feb 2019
Citations: [1996] UKEAT 1160 – 95 – 2504 Links: Bailii Cited by: Appeal from – Carmichael and Lesse v National Power Plc CA 29-Jan-1997 Casual workers employed under ‘nil hours’ relationship still had a contract of employment and the appropriate and associated rights. A court was fully able to determine the terms of the contract. … Continue reading Carmichael and Another v National Power Plc: EAT 25 Apr 1996
Citations: [1998] UKEAT 863 – 98 – 0110 Links: Bailii Jurisdiction: England and Wales Cited by: See Also – Foley v Post Office EAT 1-Mar-1999 . .See Also – Foley v Post Office; HSBC Bank Plc (Formerly Midland Bank Plc) v Madden CA 31-Jul-2000 When an Employment Tribunal looked at whether a dismissal was reasonable, … Continue reading Foley v Post Office: EAT 1 Oct 1998
Citations: [1998] UKEAT 484 – 97 – 1902, EAT/484/97 Links: Bailii Statutes: Transfer of Undertakings (Protection of Employment) Regulations 1981 Jurisdiction: England and Wales Citing: Cited – BET Catering Services Ltd v Ball and others EAT 28-Nov-1996 Mrs Ball was an employee of a London Borough whose contract incorporated the NJC conditions. Following her TUPE … Continue reading Glendale Grounds Management v Bradley: EAT 19 Feb 1998
The claimant appealed against the dismissal of his unfair dismissal application. Not having two years continuous employment he had claimed the protection of section 100 as a whistleblower, but the Tribunal had found that there had been a Health and Safety Committee where he could have made known his concerns about the long hours being … Continue reading Jackson v ICS Group of Companies Ltd: EAT 22 Jan 1998
EAT Practice and Procedure – Employment Tribunal made adverse findings against Respondent when the point had not been put to its 3 witnesses in XX. Remit to new Employment Tribunal. Judges: McMullen QC J Citations: [2004] UKEAT 0109 – 03 – 2807, EATS/0109/03 Links: Bailii, EAT Statutes: Employment Rights Act 1996 99 Jurisdiction: England and … Continue reading Eildon Ltd v Sharkey: EAT 28 Jul 2004
DISABILITY DISCRIMINATION – Compensation DISABILITY DISCRIMINATION – Loss/mitigation DISABILITY DISCRIMINATION – Burden of proof The Law Reform (Contributory Negligence) Act 1945 can apply to some discrimination claims, but reduction of an award for contributory negligence would rarely, if ever, be justified because of the difficulties in applying the concept of ‘fault’ to the victim of … Continue reading First Greater Western Ltd and Another v Waiyego: EAT 6 Dec 2018
The claimant had been dismissed after being accused of taking a staff car to France and having it impounded for suspected importation of cigarettes and alcohol above personal use limits. Held: ‘It is a basic proposition, whether in criminal or disciplinary proceedings, that the charge against the defendant or the employee facing dismissal should be … Continue reading Strouthos v London Underground Ltd: CA 18 Mar 2004
Architects proposed a system of flexible drains for a site, but the contractors persuaded them to accept rigid drains which once laid proved inadequate at considerable cost. The local authority had permitted the departure from the plans. Held: The true question to found negligence was whether the particular defendant owed the particular plaintiff a duty … Continue reading Peabody Donation Fund v Sir Lindsay Parkinson and Co Ltd: HL 18 Oct 1983
The Court found the probationer police constable to have been unlawfully induced to resign, but the court could not order his reinstatement. A power must be exercised by the precise person or body stated in the statute. Though courts may review the way in which decisions are reached, they will respect the margin of appreciation … Continue reading Chief Constable of the North Wales Police v Evans: HL 1982
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
EAT Unfair Dismissal – CompensationIn each case, The employee sought additional damages for non-economic loss after an unfair dismissal. Held: The Act could be compared with the Discrimination Acts which explicitly awarded damages for hurt feelings. Clear authority lay against such awards in unfair dismissal cases. An Employment Tribunal considering a claim for damages for … Continue reading Dunnachie v Kingston Upon Hull City Council; Williams v Southampton Institute; Dawson v Stonham Housing Association: EAT 8 Apr 2003
Liability of employee for unfair dismissal of co-worker under whistleblower protection. Citations: [2018] EWCA Civ 2321 Links: Bailii Statutes: Employment Rights Act 1996 103A Jurisdiction: England and Wales Employment Updated: 06 June 2022; Ref: scu.625967
EAT Contract of Employment – Breach of ContractThe appellant had owned a company. She sold the shares to the second respondent in return for a position as a director. After dismissal she appealed several findings. Held: The tribunal deciding an issue as to jurisdiction had pre-empted the job of the tribunal of making findings as … Continue reading Hinkley v Ashtons Manufacturing Ltd, Thomas A Ashton Ltd P Crook: EAT 18 Mar 2002
