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Walker v Northumberland County Council: QBD 16 Nov 1994

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

Regina v Secretary of State for Trade and Industry ex parte Unison: 1996

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

Soros and Another v Davison and Another: EAT 24 Jan 1994

The two employees who, after they were dismissed and their complaints of unfair dismissal were upheld by an industrial tribunal, but before the assessment of compensation, disclosed allegedly confidential information about their former employers to a national newspaper in breach of their continuing obligation of confidentiality under their contract of employment. The court was asked … Continue reading Soros and Another v Davison and Another: EAT 24 Jan 1994

Hinkley v Ashtons Manufacturing Ltd, Thomas A Ashton Ltd P Crook: EAT 18 Mar 2002

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

P v S and Cornwall County Council: ECJ 30 Apr 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

Commission v United Kingdom (Judgment): ECJ 8 Jun 1994

ECJ Despite the limited character of the harmonization of rules in respect of collective redundancies which Directive 75/129 was intended to bring about, national rules which, by not providing for a system for the designation of workers’ representatives in an undertaking where an employer refuses to recognize such representatives, allow an employer to frustrate the … Continue reading Commission v United Kingdom (Judgment): ECJ 8 Jun 1994

Regina v Human Fertilisation and Embryology Authority ex parte DB: Admn 17 Oct 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

Rotsart de Hertaing v Benoidt and IGC Housing Service (In Liquidation) and Another: ECJ 14 Nov 1996

ECJ Safeguarding of employees’ rights in the event of transfers of undertakings, businesses or parts of businesses – Transfer to the transferee of the rights and obligations arising from a contract of employment – Date of transfer. Citations: Times 25-Nov-1996, [1997] IRLR 127, C-305/94, [1996] EUECJ C-305/94 Links: Bailii Statutes: EC Directive 77/187/EEC Cited by: … Continue reading Rotsart de Hertaing v Benoidt and IGC Housing Service (In Liquidation) and Another: ECJ 14 Nov 1996

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

Spring v Guardian Assurance Plc and Others: HL 7 Jul 1994

The plaintiff, who worked in financial services, complained of the terms of the reference given by his former employer. Having spoken of his behaviour towards members of the team, it went on: ‘his former superior has further stated he is a man of little or no integrity and could not be regarded as honest . … Continue reading Spring v Guardian Assurance Plc and Others: HL 7 Jul 1994

Regina v Bedwellty Justices Ex Parte Williams: HL 18 Sep 1996

A decision at committal to return an accused for trial is susceptible to judicial review where committal was based solely on inadmissible evidence or was based on evidence not reasonably capable of supporting it. The committal was quashed.The ‘Queen’s Bench Division of the High Court has normally in judicial review proceedings jurisdiction to quash a … Continue reading Regina v Bedwellty Justices Ex Parte Williams: HL 18 Sep 1996

Regina v Secretary of State for Education and Employment and others ex parte Williamson and others: HL 24 Feb 2005

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

Ravat v Halliburton Manufacturing and Services Ltd: SC 8 Feb 2012

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

Acts

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

Selvarajan v Wilmot and others: CA 23 Jul 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

Enfield Technical Services Ltd v Payne and Another: CA 22 Apr 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

Rutherford and Another v Secretary of State for Trade and Industry: CA 3 Sep 2004

The claimants alleged that the legislation governing retirement was indirectly discriminatory against men. Though the right not to be unfairly dismissed maximum age limit was the same for men and for women, that did not apply on a redundancy. Held: A great deal depended upon the method of selection of the pool of workers, should … Continue reading Rutherford and Another v Secretary of State for Trade and Industry: CA 3 Sep 2004

Bryant v The Foreign and Commnonwealth Office: EAT 10 Mar 2003

Section 94(1) of the 1996 Act did not apply to protect a British national locally engaged to work in the British Embassy in Rome. Judges: Burton P J Citations: EAT/174/02, [2003] EAT 174 – 02 – 1003, [2003] UKEAT 174 – 02 – 1003 Links: Bailii, Bailii, EAT Statutes: Employment Rights Act 1996 94(1) Cited … Continue reading Bryant v The Foreign and Commnonwealth Office: EAT 10 Mar 2003

Abbey National Plc v Fairbrother: EAT 12 Jan 2007

EAT Unfair Dismissal Disability discrimination The Tribunal had found a dismissal to be unfair because of flaws in a grievance procedure, following which the Claimant had resigned. They also found that the Claimant, who suffered an obsessive compulsive disorder, was subjected to taunts that she would not have had inflicted on her if she had … Continue reading Abbey National Plc v Fairbrother: EAT 12 Jan 2007

Creditsights Ltd v Dhunna: CA 19 Sep 2014

The employer disputed a finding that the Employment tribunal had jurisdiction over the employment claims made by the respondent. Rimer, Floyd, Macur LJJ [2014] EWCA Civ 1238 Bailii Employment Rights Act 1996 94(1), Employment Relations Act 1999 10 England and Wales Citing: Appeal from – Dhunna v Creditsights Ltd EAT 3-Apr-2013 EAT JURISDICTIONAL POINTS – … Continue reading Creditsights Ltd v Dhunna: CA 19 Sep 2014

Serco Ltd v Lawson; Botham v Ministry of Defence; Crofts and others v Veta Limited: HL 26 Jan 2006

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

Buckland v Bournemouth University Higher Education Corporation: CA 24 Feb 2010

The claimant had been dismissed from his post as chair of archeology after criticism of his marking practices. Though a report vindicated him, the respondent continued with disciplinary procedures. He claimed unfair dismissal. The EAT had allowed the university’s appeal saying that the found repudiatory breach had been remedied before the resignation. The University now … Continue reading Buckland v Bournemouth University Higher Education Corporation: CA 24 Feb 2010

Hewage v Grampian Health Board: SC 25 Jul 2012

The claimant had been employed as a consultant orthodontist. She resigned claiming constructive dismissal and sex and race discrimination. The EAT reversed the findings on discrimination saying that they had not been sufficiently pleaded. The Court of Session re-instated the discrimination findings and the Board now appealed. Held: The Board’s appeal failed. Although the positions … Continue reading Hewage v Grampian Health Board: SC 25 Jul 2012

Duncombe and Others v Secretary of State for Children, Schools and Families (No 2): SC 15 Jul 2011

The court considered whether a teacher employed by the Secretary of State to teach in one of its European Schools was entitled to protection against unfair dismissal. Held: The claimants’ appeals were allowed and the cases remitted to the Employment Tribunals. The employments fell within the exeptions governing employment abroad identified in Lawsn -v- Serco. … Continue reading Duncombe and Others v Secretary of State for Children, Schools and Families (No 2): SC 15 Jul 2011

Barry v Midland Bank Plc: HL 22 Jul 1999

The defendant implemented a voluntary retirement scheme under which benefits were calculated according to the period of service of the employee. The plaintiff claimed that the scheme discriminated against workers who had taken career breaks, and therefore against women. Held: A severance pay scheme, which calculated the amount payable according to length of service and … Continue reading Barry v Midland Bank Plc: HL 22 Jul 1999

Clark v Oxfordshire Health Authority: CA 18 Dec 1997

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

Kennedy v The Charity Commission: SC 26 Mar 2014

The claimant journalist sought disclosure of papers acquired by the respondent in its conduct of enquiries into the charitable Mariam appeal. The Commission referred to an absolute exemption under section 32(2) of the 2000 Act, saying that the exemption continued until the papers were destroyed, or for 20 years under the 1958 Act. Held: The … Continue reading Kennedy v The Charity Commission: SC 26 Mar 2014

Oakland v Wellswood (Yorkshire) Ltd: CA 30 Jul 2009

The employer was in financial difficulties. A new company was formed by a customer to acquire its assets, and the employees, including the claimant were taken on by the new company. The claimant was dismissed within a year after. On claiming unfair dismissal, the new company said that he had no continuity of employment from … Continue reading Oakland v Wellswood (Yorkshire) Ltd: CA 30 Jul 2009

Countryside Alliance and others v HM Attorney General and others: Admn 29 Jul 2005

The various claimants sought to challenge the 2004 Act by way of judicial review on the grounds that it was ‘a disproportionate, unnecessary and illegitimate interference with their rights to choose how they conduct their lives, and with market freedoms protected by European law; and an unjust interference with economic rights.’ Held: ‘We have concluded … Continue reading Countryside Alliance and others v HM Attorney General and others: Admn 29 Jul 2005

Abbey National Plc v Bascetta: EAT 5 Dec 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

Regina v Local Authority and Police Authority in the Midlands ex parte LM: 2000

The applicant owned a bus company whose contract with the local education authority for the provision of school bus services was terminated after the disclosure by the police and the social services department of a past investigation into an allegation of indecent assault on the applicant’s daughter and of an earlier allegation of abuse when … Continue reading Regina v Local Authority and Police Authority in the Midlands ex parte LM: 2000

Barry v London Borough of Southwark: CA 19 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

Network Rail Infrastructure Ltd v Glencross: EAT 16 May 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

Barton v Investec Henderson Crosthwaite Securities Ltd: EAT 6 Mar 2003

EAT Sex Discrimination – Inferring DiscriminationThe claimant sought compenstion for sex discrimination. She appealed a finding of a material factor justifying the difference in pay. Held: The new provisions included reference to the Code of Practice issued by the Equal Opportunities Commission, which provided that the employer should provide a transparent system for setting pay … Continue reading Barton v Investec Henderson Crosthwaite Securities Ltd: EAT 6 Mar 2003

Storer v British Gas plc: CA 25 Feb 2000

An industrial tribunal hearing conducted behind the locked doors of the chairman’s office was not held in public, even if, in fact, no member of the public was prevented from attending. The obligation to sit in public was fundamental, and the tribunal had no jurisdiction to conduct itself in this way. The industrial tribunal system … Continue reading Storer v British Gas plc: CA 25 Feb 2000

Secretary of State for Justice v Slee: EAT 19 Jul 2007

EAT Unfair Dismissal – Constructive dismissalMaternity Rights and Parental Leave – Sex discriminationThe Claimant was employed as a Magistrates’ Clerk and she brought successful claims to the Employment Tribunal that:(a) Ms Slee (‘the Claimant’) had been constructively unfairly dismissed by The Department for Constitutional Affairs (‘the Respondent’);(b) The Respondent had failed to offer to the … Continue reading Secretary of State for Justice v Slee: EAT 19 Jul 2007

Nesbitt v Secretary of State for Trade and Industry: EAT 10 Aug 2007

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

Lumba (WL) v Secretary of State for The Home Department: SC 23 Mar 2011

The claimants had been detained under the 1971 Act, after completing sentences of imprisonment pending their return to their home countries under deportations recommended by the judges at trial, or chosen by the respondent. They challenged as unlawful the respondent’s, at first unpublished, policy introduced in 2006, that by default, those awaiting deportation should be … Continue reading Lumba (WL) v Secretary of State for The Home Department: SC 23 Mar 2011

Ezsias v North Glamorgan NHS Trust: CA 7 Mar 2007

The employer had applied to strike out their employee’s claim for unfair dismissal, and also sought a deposit from the claimant. The claim had been re-instated by the EAT. Held: A claim should not be struck out where, as here, there were facts in dispute between the parties which might affect the decision. It was … Continue reading Ezsias v North Glamorgan NHS Trust: CA 7 Mar 2007

McCall v Northern Rail Ltd: EAT 25 Jan 2007

EAT Unfair Dismissal – Reasonableness of dismissalPractice and Procedure – 2002 Act and pre-action requirementsThe Respondent dismissed the Claimant for three reasons. On appeal, two of the most serious fell away but the reason for dismissal remained the same. At the Employment Tribunal it was held that the procedure was unfair, but was rescued by … Continue reading McCall v Northern Rail Ltd: EAT 25 Jan 2007

Masterfoods (A Division of Mars UK Ltd) v Wilson: EAT 7 Aug 2006

EAT Unfair dismissal – Reasonableness of dismissal; Procedural Fairness/automatically unfair dismissal Practice and Procedure – Amendment Employment Tribunal’s conclusion of unfairness could not be criticised and was correct, especially as unappealed findings would make the dismissal unfair in any event by reason of the manager’s closed mind and failure to conduct proper investigations. Claimant wished … Continue reading Masterfoods (A Division of Mars UK Ltd) v Wilson: EAT 7 Aug 2006

Tweed v Parades Commission for Northern Ireland: HL 13 Dec 2006

(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

North Wales Training and Enterprise Council Ltd v Astley and others: HL 21 Jun 2006

Civil servants had been transferred to a private company. At first they worked under secondment from the civil service. They asserted that they had protection under TUPE and the Acquired Rights Directive. The respondent said that there had only been a transfer over time, so as to diminish their periods of continuous employment. The matter … Continue reading North Wales Training and Enterprise Council Ltd v Astley and others: HL 21 Jun 2006

Regina (on the Application of Mazin Mumaa Galteh Al-Skeini and Others) v The Secretary of State for Defence: CA 21 Dec 2005

The claimants were dependants of Iraqi nationals killed in Iraq. Held: The Military Police were operating when Britain was an occupying power. The question in each case was whether the Human Rights Act applied to the acts of the defendant. The question amounted to whether the officers acted under State Agent Authority within the convention … Continue reading Regina (on the Application of Mazin Mumaa Galteh Al-Skeini and Others) v The Secretary of State for Defence: CA 21 Dec 2005

Copsey v WWB Devon Clays Ltd: CA 25 Jul 2005

The claimant said that his employer had failed to respect his right to express his beliefs by obliging him, though a Christian, to work on Sundays. Held: The appeal failed. ‘The Commission’s position on Article 9, as I understand it, is that, so far as working hours are concerned, an employer is entitled to keep … Continue reading Copsey v WWB Devon Clays Ltd: CA 25 Jul 2005

Parry – National Westminster Bank plc: CA 1 Nov 2004

The employee had been found to be unfairly dismissed. The company did not re-engage him, and he sought as part of his damages, the lost earnings up to the date of the hearing. The employer said these should be included within the overall damages cap. Held: The award of arrears was not ring fenced so … Continue reading Parry – National Westminster Bank plc: CA 1 Nov 2004

Kaur v MG Rover Group Ltd: CA 17 Nov 2004

The applicant was employed by the respondent who had a collective agreement with a trade union. Held: Not all elements of the collective agreement need be intended to be legally enforceable. She complained that the collective agreement would have protected her from compulsory redundancy. Keene LJ said: ‘the words relied on by the respondent . … Continue reading Kaur v MG Rover Group Ltd: CA 17 Nov 2004

Chester v Afshar: HL 14 Oct 2004

The claimant suffered back pain for which she required neurosurgery. The operation was associated with a 1-2% risk of the cauda equina syndrome, of which she was not warned. She went ahead with the surgery, and suffered that complication. The evidence established that cauda equina syndrome was a random and inherent risk of the surgery, … Continue reading Chester v Afshar: HL 14 Oct 2004

Law Society v Bahl: CA 30 Jul 2004

The claimant had succeeded before the employment tribunal in her claim of race discrimination by the respondent and senior officers. She now appealed the reversal of that judgment. The claimant asked the tribunal to draw inferences of discrimination from her unreasonable treatment. Held: The ability and readiness of a tribunal to infer discriminatory motives from … Continue reading Law Society v Bahl: CA 30 Jul 2004

Puglia v C James and Sons: EAT 24 Oct 1995

The EAT considered the effect of the receipt of benefits during a period of sickness when calculating loss of earnings, and whether a hearing was properly conducted without the presence of the parties. Held: There is no procedural irregularity in the Tribunal members holding a meeting in the absence of the parties for the purposes … Continue reading Puglia v C James and Sons: EAT 24 Oct 1995

Bewry v Cumbria County Council: EAT 10 Dec 1997

Judges: Peter Clark HHJ Citations: [1997] UKEAT 1213 – 97 – 1012 Links: Bailii Statutes: Employment Rights Act 1996 100(1)(a) Cited by: See Also – Bewry v Cumbria County Council EAT 10-Apr-2002 Appeal against rejection of complaint of unfair dismissal. Held: The appeal failed raising no arguable point of law. . .See Also – Bewry … Continue reading Bewry v Cumbria County Council: EAT 10 Dec 1997

The United States of America v Nolan: SC 21 Oct 2015

Mrs Nolan had been employed at a US airbase. When it closed, and she was made redundant, she complained that the appellant had not consulted properly on the redundancies. The US denied that it had responsibility to consult, and now appealed. Held: The appeal failed (Lord Carnworth dissenting). That the exact situation might not have … Continue reading The United States of America v Nolan: SC 21 Oct 2015

First Greater Western Ltd and Another v Waiyego: EAT 6 Dec 2018

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

Sally Harper v Virgin Net Limited: CA 10 Mar 2004

The employee had been dismissed. Her contractual notice period was longer than the statutory period. Held: The statutory notice period prevailed in calculating the date of dismissal. The contractual period could not be used to extend the total period of employment to allow a claim for loss of the right to claim unfair dismissal. Had … Continue reading Sally Harper v Virgin Net Limited: CA 10 Mar 2004

Matheson v Mazars Solutions Ltd: EAT 16 Dec 2003

EAT Practice and Procedure – Application. The application had been presented timeously at the ET in Edinburgh, but was out of time when retransmitted to Glasgow. The tribunal had found the Edinburgh office to be an area office, and not a regional office and therefore the application was not accepted within the Regulations. The appellant … Continue reading Matheson v Mazars Solutions Ltd: EAT 16 Dec 2003

Dunnachie v Kingston Upon Hull City Council; Williams v Southampton Institute; Dawson v Stonham Housing Association: EAT 8 Apr 2003

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

Six Continents Retail Ltd (Formerly Bass Taverns Limited T/A Bass Leisure Retail) v Hughes: EAT 19 Apr 2002

The claimant sought damages for sex discrimination after her summary dismissal. Though she received some advice, her application was lodged out of time. For the unfair dismissal and unlawful deductions claims, the test was whether it had been reasonably practicable to act within the time limits, but for the sex discrimination claim, the test was … Continue reading Six Continents Retail Ltd (Formerly Bass Taverns Limited T/A Bass Leisure Retail) v Hughes: EAT 19 Apr 2002

Rossiter v Pendragon plc; Clarke v Air Foyle Ltd: CA 10 May 2002

The employers appealed against findings that employees could claim constructive dismissal on a transfer of an undertaking simply because of a change in the employment conditions after the transfer. Held: Neither the Regulations nor the Act created a new right beyond the preservation of existing rights. To found a case for constructive dismissal, the employee … Continue reading Rossiter v Pendragon plc; Clarke v Air Foyle Ltd: CA 10 May 2002

Regina (Amicus etc) v Secretary of State for Trade and Industry: Admn 26 Apr 2004

The claimants sought a declaration that part of the Regulations were invalid, and an infringement of their human rights. The Regulations sought to exempt church schools from an obligation not to discriminate against homosexual teachers. Held: The Regulation was within the scope of the Directive. Though a member state had some freedom in implementing a … Continue reading Regina (Amicus etc) v Secretary of State for Trade and Industry: Admn 26 Apr 2004

Peterbroeck, Van Campenhout and Cie v Belgian State: ECJ 14 Dec 1995

It is a basic principle of European Union law that national law should provide effective legal protection, by establishing a system of legal remedies and procedures which ensure respect for the relevant European law right: ‘For the purposes of applying those principles, each case which raises the question whether a national procedural provision renders application … Continue reading Peterbroeck, Van Campenhout and Cie v Belgian State: ECJ 14 Dec 1995

Whitbread Plc (Trading As Whitbread Medway Inns) v Hall: CA 27 Feb 2001

The employer appealed against a finding of unfair dismissal. Held: In deciding whether the applicant had been unfairly dismissed for misconduct, the tribunal was free to consider whether the procedure adopted by the employer was reasonable, even where the applicant had admitted the misconduct. The band of reasonable responses test should be applied equally to … Continue reading Whitbread Plc (Trading As Whitbread Medway Inns) v Hall: CA 27 Feb 2001

New Century Cleaning Co Ltd v Church: CA 26 Mar 1999

The employer had withheld ten per cent of the claimant’s wages, Employees worked in teams cleaning windows in office blocks. The team agreed how the fee for the block would be divided. The employer reduced its fees to customers, and accordingly the sums paid to the employees. It now appealed a finding of an unlawful … Continue reading New Century Cleaning Co Ltd v Church: CA 26 Mar 1999

Majrowski v Guy’s and St Thomas’ NHS Trust: CA 16 Mar 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

X, Regina (on the Application of) v Y School: Admn 21 Feb 2007

The court was asked whether a school was entitled to refuse to allow a Muslim girl to wear the niqab full face veil at school. The reasons were ‘first educational factors resulting from a teacher being unable to see the face of the girl with a niqab; second the importance of a uniform policy as … Continue reading X, Regina (on the Application of) v Y School: Admn 21 Feb 2007

Gilham v Ministry of Justice: SC 16 Oct 2019

The Court was asked whether a district judge qualifies as a ‘worker’ for the purpose of the protection given to whistle-blowers under Part IVA of the 1996 Act, and if not then was the absence of protection an infringement of her human rights. Held: As an office holder, she was neither employee nor worker, and … Continue reading Gilham v Ministry of Justice: SC 16 Oct 2019

Wilson and Others v St Helens Borough Council; Meade and Another v British Fuels Ltd: HL 29 Oct 1998

The House faced two questions regarding the protection given by the Regulations: ‘whether the dismissed employee can compel the transferee to employ him or whether he is given the right to enforce as against the transferee such remedies under national law as he could have enforced against the transferor.’ and ‘whether, if despite dismissal they … Continue reading Wilson and Others v St Helens Borough Council; Meade and Another v British Fuels Ltd: HL 29 Oct 1998

Lawson v Serco Ltd: EAT 12 Dec 2002

EAT Jurisdiction Judges: His Hon Judge J Altman Citations: EAT/18/02 Links: EAT Statutes: Employment Rights Act 1996 196 Jurisdiction: England and Wales Cited by: Appeal from – Serco Ltd v Lawson and Foreign and Commonwealth Office CA 23-Jan-2004 The applicant had been employed to provide services to RAF in the Ascension Islands. He alleged constructive … Continue reading Lawson v Serco Ltd: EAT 12 Dec 2002

Lassman and Others v Secretary of State for Trade and Industry: CA 19 Apr 2000

The claimants worked for Rotaprint when it went into receivership in 1988, and then for the receiver before being transferred to Pan Graphics. Statutory redundany payments were made on the receivership of Rotaprint. The claimants sought further redundancy payment on the insolvency of Rotaprint. The Secretary now appealed the decision of the EAT that payments … Continue reading Lassman and Others v Secretary of State for Trade and Industry: CA 19 Apr 2000

Halfpenny v IGE Medical Systems Ltd: CA 18 Dec 1998

Where an employee had taken extended maternity leave but was then unable to return for post-natal depression, but she was dismissed, the resumption of her contract on issuing her notice of intention to return revived her sickness rights anew.The applicant had had her claims of unfair dismissal and sex discrimination had been rejected by the … Continue reading Halfpenny v IGE Medical Systems Ltd: CA 18 Dec 1998

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

Prudential Plc and Another, Regina (on The Application of) v Special Commissioner of Income Tax and Another: SC 23 Jan 2013

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

Regina v Ministry of Defence Ex Parte Smith and Others: QBD 7 Jun 1995

An MOD ban on employing homosexuals was not Wednesbury unreasonable, even though it might be out of date. Pannick (counsel for the applicant, approved): ‘The court may not interfere with the exercise of an administrative discretion on substantive grounds save where the court is satisfied that the decision is unreasonable in the sense that it … Continue reading Regina v Ministry of Defence Ex Parte Smith and Others: QBD 7 Jun 1995

Celtec Limited v John Astley Julie Owens, Deborah Lynn Hawkes: EAT 5 Oct 2001

The employer appealed a finding that there had been continuity of employment between itself and a previous employer. The employees had sought a statement as to their terms of employment. The employer was a training and enterprise council, to whom the employees had first been seconded from the Department of Employment. There was an unresolved … Continue reading Celtec Limited v John Astley Julie Owens, Deborah Lynn Hawkes: EAT 5 Oct 2001

Edwards (Inspector of Taxes) v Bairstow: HL 25 Jul 1955

The House was asked whether a particular transaction was ‘an adventure in the nature of trade’. Held: Although the House accepted that this was ‘an inference of fact’, on the primary facts as found by the Commissioners ‘the true and only reasonable conclusion’ contradicted that decision. The House set out principles for establishing that decisions … Continue reading Edwards (Inspector of Taxes) v Bairstow: HL 25 Jul 1955

Preston and others v Wolverhampton Healthcare NHS Trust and Others (No 3): CA 7 Oct 2004

The claimants had had their employments transferred to another body under TUPE. They complained that their pension rights had been discriminatory. The employer appealed a finding that their claim had not been out of time. Held: The effect of the Regulations was to transfer all employment rights unchanged save only the pension obligations. The pension … Continue reading Preston and others v Wolverhampton Healthcare NHS Trust and Others (No 3): CA 7 Oct 2004

Jones v Ministry of Interior for the Kingdom of Saudi Arabia and others: HL 14 Jun 2006

The claimants said that they had been tortured by Saudi police when arrested on false charges. They sought damages, and appealed against an order denying jurisdiction over the defendants. They said that the allegation of torture allowed an exception to state immunity. Held: The Kingdom’s appeal succeeded. The protection of state immunity was essentially a … Continue reading Jones v Ministry of Interior for the Kingdom of Saudi Arabia and others: HL 14 Jun 2006

Doncaster Metropolitan Borough Council v Hancock: SCCO 2 Mar 2001

CS The Defendant had been employed by the Claimant ouncil for many years, initially as an advisor on further and higher education, but latterly as an education assistant. The Claimants informed the Defendant that his contract of employment would terminate on grounds of redundancy with effect from 15 December 1995. On that date, when the … Continue reading Doncaster Metropolitan Borough Council v Hancock: SCCO 2 Mar 2001

Percy v Church of Scotland Board of National Mission: HL 15 Dec 2005

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

Cassell and Co Ltd v Broome and Another: HL 23 Feb 1972

Exemplary Damages Award in Defamation The plaintiff had been awarded damages for defamation. The defendants pleaded justification. Before the trial the plaintiff gave notice that he wanted additional, exemplary, damages. The trial judge said that such a claim had to have been pleaded. The Court of Appeal had considered Rookes -v- Barnard to have been … Continue reading Cassell and Co Ltd v Broome and Another: HL 23 Feb 1972

O’Brien v Ministry of Justice: SC 6 Feb 2013

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

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

Luton Borough Council v Haque: EAT 12 Apr 2018

Jurisdictional Points – Claim In Time and Effect Date of Termination – – Application/claim – Preliminary issues The statutory provisions in the Employment Rights Act 1996, the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994 and the Equality Act 2010, which operate to extend time limits to facilitate conciliation before the institution of … Continue reading Luton Borough Council v Haque: EAT 12 Apr 2018

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

Cavendish Square Holding Bv v Talal El Makdessi; ParkingEye Ltd v Beavis: SC 4 Nov 2015

The court reconsidered the law relating to penalty clauses in contracts. The first appeal, Cavendish Square Holding BV v Talal El Makdessi, raised the issue in relation to two clauses in a substantial commercial contract. The second appeal, ParkingEye Ltd v Beavis, raised the issue at a consumer level, with a separate issue under the … Continue reading Cavendish Square Holding Bv v Talal El Makdessi; ParkingEye Ltd v Beavis: SC 4 Nov 2015