A Union’s immunity from action was not lost where employees who had joined the company after the strike ballot had been completed, were encouraged by the union to join in the strike. The constituency defined in section 227(1) must include all members whom it is reasonable for the union to believe will be induced to … Continue reading London Underground Ltd v National Union of Railwaymen, Maritime and Transport Workers (NURMT): CA 9 Oct 1995
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
An Anglican clergyman is an employee of the church, and so has employment rights. Citations: Independent 16-Mar-1995, Times 04-Apr-1996 Jurisdiction: England and Wales Cited by: Appeal from – Diocese of Southwark and Others v Coker EAT 4-Apr-1996 A curate is not an employee of the Church and cannot claim unfair dismissal. . .At the Employment … Continue reading Coker v Diocese of Southwark: ET 16 Mar 1995
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
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
Four appellants challenged the policy of the ministry to discharge homosexuals from the armed services. Held: Where a measure affects fundamental rights or has profoundly intrusive effects, the courts will anxiously scrutinise the decision to introduce it.Sir Thomas Bingham MR said: ‘The court may not interfere with the exercise of an administrative discretion on substantive … Continue reading Regina v Ministry of Defence ex parte Smith; ex parte Grady: CA 3 Nov 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
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
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
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
The solicitor, acting in a land purchase transaction for his lay client and the plaintiff, had unwittingly misled the claimant by telling the claimant that the purchasers were providing the balance of the purchase price themselves without recourse to further borrowing when he knew that they were using an overdraft to obtain further funding. The … Continue reading Mothew (T/a Stapley and Co) v Bristol and West Building Society: CA 24 Jul 1996
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
A curate is not an employee of the Church and cannot claim unfair dismissal. Judges: Hull QC Citations: [1995] UKEAT 374 – 95 – 0811 Links: Bailii Statutes: Employment Protection (Consolidation) Act 1978 Citing: Appeal from – Coker v Diocese of Southwark ET 16-Mar-1995 An Anglican clergyman is an employee of the church, and so … Continue reading Diocese of Southwark and Others v Coker: EAT 4 Apr 1996
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
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
A statement made by a politician as to his intentions on a particular matter if elected could not create a legitimate expectation as regards the delivery of the promise after elected, even where the promise would directly affect individuals, and the costs of a child’s education. Any consequences of a failure to keep a promise … Continue reading Regina v Department of Education and Employment ex parte Begbie: CA 20 Aug 1999
The court considered whether discriminatory acts after the termination of employment were caught by the respective anti-discrimination Acts. The acts included a failure to give proper references. They pursued claims on the basis of victimisation after their primary discrimination claims. Held: The 1975 and 1976 Acts were similarly phrased and the wording in the 1995 … Continue reading Relaxion Group plc v Rhys-Harper; D’Souza v London Borough of Lambeth; Jones v 3M Healthcare Limited and three other actions: HL 19 Jun 2003
The applicant complained that she was dismissed when her employers learned that she was pregnant. Held: 1(1) (a) and 5(3) of the 1975 Act were to be interpreted as meaning that where a woman had been engaged for an indefinite period, the fact that pregnancy was the reason for her temporary unavailability at a time … Continue reading Webb v EMO Air Cargo (UK) Ltd (No 2): HL 20 Oct 1995
The employee complained of his employer’s repeated failure to regrade him, and alleged discrimination. The employer said his claim was out of time. Held: Mummery J made the distinction between single acts of discrimination, and continuing discrimination: ‘the tribunal erred in law in failing to treat the acts complained of on regrading and failure to … Continue reading Owusu v London Fire and Civil Defence Authority: EAT 1 Mar 1995
Proper Reply Opportunity Required on Deportation (Grand Chamber) The claimant was an Indian citizen who had been granted indefinite leave to remain in this country but whose activities as a Sikh separatist brought him to the notice of the authorities both in India and here. The Home Secretary of the day decided that he should … Continue reading Chahal v The United Kingdom: ECHR 15 Nov 1996
The employer was to make 530 members of its staff redundant. Each staff member was assessed and scored. The claimants said that the method of selection was unfair, and sought disclosure of the scores of all employees. Held: It was wrong to order discovery of the forms of employees who had not been selected for … Continue reading British Aerospace plc v Green and Others: CA 18 Apr 1995
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
EAT PRACTICE AND PROCEDURE Striking-out/dismissal Preliminary issues Issue as to whether Claimant was dismissed under s95(1)(a) Employment Rights Act 1996 for purpose of her unfair dismissal claim ought to be dealt with as a preliminary issue at a PHR, rather than at a full merits hearing. Plainly it should on the basis of the Respondent’s … Continue reading Wm A Merrick (Formerly T/A Wm A Merrick and Co Solicitors) v Simpson: EAT 20 Aug 2010
EAT UNFAIR DISMISSAL Dismissal/ambiguous resignation Whether Claimant dismissed under s95(1)(a) Employment Rights Act 1996. Security guard removed from site. Attempts to find alternative work. No pay in the meantime. No actual dismissal – Appeal allowed. Judges: Peter Clark J Citations: [2010] UKEAT 0067 – 10 – 0605 Links: Bailii Statutes: Employment Rights Act 1996 95(1)(a) … Continue reading Mitie Security (London) Ltd v Ibrahim: EAT 6 May 2010
EAT UNFAIR DISMISSAL: Constructive dismissal The Employment Tribunal did not approach the question of constructive unfair dismissal in a last straw case by reference to the steps in Omilaju. To take an analytic approach and ask of each event whether the Claimant had proved a breach or fundamental breach of contract was an error. Appeal … Continue reading Muschett v Parkwood Healthcare: EAT 16 Mar 2009
The employee had complained of her working conditions, particularly at having to work in an environment polluted by others smoking. Held: The correct term to be implied into her contract of employment to deal with the complaint in this case, is that the employer will provide and monitor for his employees, so far as is … Continue reading Waltons and Morse v Dorrington: EAT 19 May 1997
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 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
The employee had been dismissed. He began a claim for unfair dismissal, but also appealed within his employers’ procedure, accepting a demotion. The tribunal then found that he had not been dismissed. Held: There had been no dismissal. Had he not been re-instated, his dismissal would have ben unfair, but the appeal decision did not … Continue reading Roberts v West Coast Trains Ltd: CA 16 Jun 2004
The applicant had been a head teacher. She claimed unfair dismissal. The respondents claimed that they were not her employers. The school was a community school. Held: The governors should have been the correct respondents. They held the powers consistent with the power to dismiss. A constructive dismissal claim should not be treated differently on … Continue reading Kent County Council v Green: CA 23 Jan 2004
On being told he was to be dismissed, Mr Jones had taken early retirement. He made a claim in the County Court that his pension had been wrongly reduced, The court rejected his allegation that he had acted under duress. His subsequent claim of unfair dismissal in the Employment ribunal was also rejected, but his … Continue reading Jones v Mid-Glamorgan County Council: CA 13 May 1997
UNFAIR DISMISSAL; Reason for dismissal; band of reasonable responses; investigation. In a claim of unfair dismissal, the reason for dismissal relied upon by the employer in terms of section 98 of the Employment Rights Act, 1996 ‘(ERA’) was ‘conduct’. The evidence suggested that the employer had considered a range of matters all of which related … Continue reading Tesco Stores Ltd v S (Unfair Dismissal): EAT 1 Apr 2021
EAT Rights On InsolvencyTwo separate Employment Tribunals decided that Claimants who had been employed (without knowing it) by a company which had entered a CVA were entitled to claim arrears of pay and holiday pay from the National Insurance Fund when subsequently the company went into liquidation. In each case, the reasoning was flawed: the … Continue reading Secretary of State for Business Innovation and Skills v Mcdonagh and Others: EAT 14 Feb 2013
EAT Rights On Insolvency – Two separate Employment Tribunals decided that Claimants who had been employed (without knowing it) by a company which had entered a CVA were entitled to claim arrears of pay and holiday pay from the National Insurance Fund when subsequently the company went into liquidation. In each case, the reasoning was … Continue reading Secretary of State for Business Innovation and Skills v Pengelly and Another: EAT 14 Feb 2013
UNFAIR DISMISSAL; remedy; compensation; perversity. The Employment Tribunal found that the appellant had been unfairly dismissed. It awarded compensation on the basis that, had the respondent correctly addressed its true reason for dismissing him, the appellant would have been fairly dismissed within six months because he had become unmanageable, and this had led to a … Continue reading Daly v BMI Healthcare Ltd (Unfair Dismissal): EAT 9 Apr 2021
EAT Four employees successfully established before the Employment Tribunal that they had been unfairly dismissed for redundancy. The Tribunal found that there had been procedural defects. In particular the assessments in the redundancy exercise had been inadequate and subjective. The Tribunal considered whether the dismissals were fair under section 98A(2) of the Employment Rights Act … Continue reading Software 2000 Ltd v Andrews etc: EAT 17 Jan 2007
There was a claim for damages in respect of psychiatric injury said to result from a breach of the implied term of trust and confidence, which was asserted to be recoverable notwithstanding Johnson, on the basis that the acts of the employer complained of could be severed from the employer’s conduct leading to the dismissal, … Continue reading Eastwood v Magnox Electric plc: CA 2002
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
EAT REDUNDANCY PRACTICE AND PROCEDURE – Bias, misconduct and procedural irregularity The Claimant worked as an Accountant in the Respondent’s Children and Families Directorate. The Employment Tribunal was correct to find that a redundancy situation was created when the Respondent reorganised the Directorate and introduced requirement for skills the Claimant was not considered to have. … Continue reading Barot v London Borough of Brent: EAT 17 Jan 2013
The claimant succeeded in her claim for unfair dismissal, but now appealed against the reversal of the decision by the EAT. She had been dismissed for incapability to which she had contributed by her conduct. She had refused a move to another bank of the branch which would upset her child care arrangements. She was … Continue reading McAdie v Royal Bank of Scotland: CA 31 Jul 2007
Appeal against dismissal of claim of unauthorised deduction from wages. Judges: Sir Igor Judge P, Moore-Bick LJ, Sir Peter Gibson Citations: [2007] EWCA Civ 714 Links: Bailii Statutes: Employment Rights Act 1996 13 Jurisdiction: England and Wales Citing: Appeal from – Camden Primary Care Trust v Atchoe EAT 22-Aug-2006 EAT Unlawful Deduction from Wages – … Continue reading Camden Primary Care Trust v Atchoe: CA 9 May 2007
The employee had patented in the US a trading system he invented whilst employed by the defendant, who now sought ownership. He appealed a finding that the inventions had been made during the normal course of his employment. The employment contract provided: ‘All trade secrets, inventions, written documents, and other confidential information developed or created … Continue reading Liffe Administration and Management v Pinkava and Another: CA 15 Mar 2007
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
A Church of England Assistant Curate is not an employee, but rather a holder of an ecclesiastical office. There is a presumption that ministers of religion were office-holders who did not serve under a contract of employment. Accordingly he is not entitled to claim to have been unfairly dismissed under the legislation. Mummery LJ said: … Continue reading Reverend Doctor A B Coker v Diocese of Southwark; Bishop of Southwark and Diocesan Board of Finance: CA 11 Jul 1997
The appellant’s application for full registration as a qualified medical practitioner had been refused by the GMC after a five-year maximum period of limited registration. His application for full registration in accordance with section 25 of the Medical Act 1983 was refused by the GMC. He then applied to the Review Board for Overseas Qualified … Continue reading Khan v General Medical Council: CA 11 Apr 1994
Transfer of Undertakings; Share Incentive Plan; Obligation ‘In Connection With’ The Contract of Employment The claimant’s contract of employment transferred to the appellant under TUPE, 2006 on 1 May 2020. Prior to the transfer, he had been a member of a Share Incentive Plan operated by the transferor which he had joined in August 2018 … Continue reading Ponticelli UK Ltd v Gallagher: EAT 12 Sep 2022
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 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
EAT JURISDICTIONAL POINTS – Worker, employee or neitherAppeal by an Army Cadet Force Adult Instructor from the judgment of an Employment Judge sitting alone that he was a volunteer and not in ’employment’ as defined by s68(1) Disability Discrimination Act 1995 as amended. Appeal dismissed. The Employment Judge was correct as his factual findings were … Continue reading Breakell v West Midlands Reserve Forces’ and Cadets’ Association Named As Shropshire Army Cadet Force: EAT 11 Apr 2011
Reason for dismissal must be assessed in context of the date notice given. Citations: Times 09-Jan-1997 Statutes: Employment Rights Act 1996 98 Jurisdiction: England and Wales Citing: See Also – Parkinson v March Consulting Ltd EAT 3-Oct-1994 . . Appeal from – Parkinson v March Consulting Ltd EAT 24-Jul-1995 . . Lists of cited by … Continue reading Parkinson v March Consulting Ltd: CA 9 Jan 1997
EAT STATUTORY DISCIPLINE AND GRIEVANCE PROCEDURES:IMPACT ON COMPENSATIONThe Employment Tribunal took an irrelevant consideration into account when making an uplift under s31(3) of the Employment Rights Act 2002 and reducing a basic award under s112(5) of the Employment Rights Act 1996 when it took account of the death of the employer’s wife two years before … Continue reading Drewett v Penfold: EAT 7 Dec 2009
EAT PRACTICE and PROCEDURECompromiseSection 203(1) of the Employment Rights Act 1996 (‘ERA’) deems as void provisions, which preclude a party from bringing proceedings before an Employment Tribunal, save in respect of agreements which satisfy certain specific requirements, which are set out in section 203(3) of ERA. Does that Employment Tribunal have jurisdiction to determine whether … Continue reading Industrious Ltd v Horizon Recruitment Ltd and Another: EAT 11 Dec 2009
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
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
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 VICTIMISATION DISCRIMINATION: Protected disclosureThe claimant, who had less than one year’s continuous employment fell out with his fellow directors and equal shareholders. He was removed as a director. His solicitors wrote on his behalf stating that they had given advice to their client as a shareholder, director and employee. The Employment Tribunal erred in … Continue reading Cavendish Munro Professional Risks Management Ltd v Geduld (Rev 1): EAT 6 Aug 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
Compensation for non-economic loss brought about by the manner of an unfair dismissal is, on authority and on principle, recoverable. The award of such compensation by the employment tribunal in the present case was not excessive and was adequately explained. The court could look to parliamentary reports to identify the mischief sought to be rectified, … Continue reading Dunnachie v Kingston Upon Hull City Council: CA 11 Feb 2004
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
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
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
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
EAT Practice and Procedure – 2002 Act and Pre-action Requirements Unfair Dismissal – Constructive Dismissal On 14 October 2004 the Claimant claimed constructive unfair dismissal arising out of four acts of the Respondent. No grievance pursuant to the 2004 Regulations had been presented. The Employment Tribunal allowed the case to proceed at a pre-hearing review … Continue reading Cyprus Airways Ltd v Lambrou: EAT 1 May 2007
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
(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
The employer appealed against findings of unfair dismissal and disability discrimination. The employee worked in IT. He was profoundly deaf, but could lip read and read sign language. He had been accused of obtaining improper access to a senior staff member’s emails. During the disciplinary hearing, he had been assisted by an interpreter for part … Continue reading Taylor v OCS Group Ltd: CA 31 May 2006
The reason adduced by the union for the dismissal of the climant was found by the Tribunal on the facts not to be the true reason for dismissal, the true reason being the union executive committee’s political antipathy to Mr Brady. Held: It was highly arguable that a finding that disciplinary proceedings had been commenced … Continue reading Associated Society of Locomotive Engineers and Firemen v Brady: EAT 31 Mar 2006
The claimant had been dismissed shortly after becoming unable to work. She sought payment of her normal salary during the period of notice saying this was established good practice. Held: ‘We are put in the invidious position of being bound by a Court of Appeal decision which seems to the majority to conflict with a … Continue reading Langley and Another v Burso: EAT 3 Mar 2006
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
The applicant was employed as director-general, with his contract stating that his retirement age would be 70. Nobody else had a similar occupation within the organisation, and he said this therefore constituted his ‘normal age’ for retirement, entitling hiim to claim unfair dismissal. Held: The fact that only one employee was in the applicant’s class, … Continue reading Wall v The British Compressed Air Society: CA 10 Dec 2003
Judges: Gross, Lewison , Singh LJJ Citations: [2019] EWCA Civ 803, [2019] WLR(D) 269 Links: Bailii, WLRD Statutes: Employment Rights Act 1996 47B(1A) Jurisdiction: England and Wales Employment Updated: 03 July 2022; Ref: scu.637320
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
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
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
The defendant claimed that he had gone absent without leave from the RAF as a conscientous objector. Held: The defendant had not demonstrated by complaint to the RAF that he did object to service in Iraq. In some circumstances where there was no procedure to make his objection known, the failure to do so might … Continue reading Khan v Royal Air Force Summary Appeal Court: Admn 7 Oct 2004
The respondent resisted a claim of unfair dismissal and race discrimination on the basis that the employment contract was illegal since the claimant was an immigrant and unable to work without a work permit. Held: The Court of Appeal upheld a defence of illegality to a teacher’s complaint against a school of unlawful discrimination by … Continue reading V v Addey and Stanhope School: CA 30 Jul 2004
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 EAT rejected jurisdiction over a claim for unfair dismissal. The employment must have ‘a sufficient, that is substantial connection with this country’. Judges: Judge Peter Clark Citations: [2003] EAT 0547 – 02 – 0209, [2003] UKEAT 0547 – 02 – 0209, [2003] IRLR 824 Links: Bailii, Bailii Statutes: Employment Rights Act 1996 196 Jurisdiction: … Continue reading Jackson v Ghost Ltd and Another: EAT 2 Sep 2003
Applications for leave to appeal. The claimant had alleged unfair dismissal. The respondent denied jurisdiction. Judges: Lord Justice Mance, Lord Justice Mummerym Lord Justice Simon Brown Citations: [2003] EWCA Civ 1695 Links: Bailii Statutes: Employment Rights Act 1996 196(2) Jurisdiction: England and Wales Citing: See Also – Harada Ltd v Turner CA 6-Apr-2001 The claimant … Continue reading Harada Limited (T/A Chequepoint) v Turner: CA 2 Dec 2003
The claimant Reynolds challenged the differential treatment by age of jobseeker’s allowance. Carson complained that as a foreign resident pensioner, her benefits had not been uprated. The questions in each case were whether the benefit affected a ‘possession’ within the Convention or the discrimination was arbitrary so as to breach the applicants human rights. Held: … Continue reading Carson and Reynolds v Secretary of State for Work and Pensions: CA 17 Jun 2003
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
EAT Unfair Dismissal – OtherThe employer appealed a finding of unfair dismissal and disability discrimination. She suffered an apparently minor injury, but which led to long standing disability with varying diagnoses. The company doctor came to consider it would be a long time before she could return. She was dismissed for capability. Held: There was … Continue reading Gate Gourmet v J B Jangra: EAT 12 Dec 2000
The claimants sought damages against the defendants for their late delivery of a building. The contractors sought to share the damages with the architects who had certified the delays, defeating their own claims. Held: The Act sought to extend the circumstances under which contributions could be sought, but their claim against the architects were of … Continue reading Royal Brompton Hospital National Health Service Trust v Hammond and others: HL 25 Apr 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
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
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
The claimant doctor had been dismissed. He said it was unfairly, and the Trust replied that he had been made redundant ‘for some other reason’ since he had nt acceted new conditions of work. Held: The employee’s appeal failed. The EAT had re-iterated the conclusion that there had been no diminution of the need for … Continue reading Shawkat v Nottingham City Hospital NHS Trust: CA 21 Jun 2001
The defendant appealed a finding of the EAT that the claimant had standing to claim discrimination under the Act in the way her application to be a foster mother had been treated. Held: After the EAT decision in W v Essex, it was clear that the relation ship between the council and a foster parent … Continue reading Rowlands v City of Bradford Metropolitan District Council: CA 26 Mar 1999
A Local Authority had a duty of care to a fostering family when allocating children. A child was known to have a history of sexual abuse and was fostered with a family with other children, and no warning had been given.Foster parents sued the council for breach of contract and for alleged negligence for breach … Continue reading W 1-6 v Essex County Council and Another: CA 2 Apr 1998
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 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
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
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
The employee was a whistleblower, but her manager in response bullied her and dismissed her on the grounds of alleged poor performance. J suffered stress and was away from work and unable to defend herself. The decision maker, acting honestly dismissed her. The Court of Appeal allowed the appeal holding that that a tribunal required … Continue reading Royal Mail Group Ltd v Jhuti: SC 27 Nov 2019
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
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
DISABILITY DISCRIMINATION – Reasonable adjustments UNFAIR DISMISSAL – Constructive dismissal Disability discrimination – reasonable adjustments – sections 20 and 21 Equality Act 2010 Unfair dismissal – constructive dismissal – section 95 Employment Rights Act 1996 The Claimant, who had been employed by the Respondent as a Probation Service Officer (‘PSO’) from April 1999, was a … Continue reading Simpson v Secretary of State for Justice: EAT 29 Mar 2018
