Citations:  EWCA Civ 2022 Links: Bailii Jurisdiction: England and Wales Employment Updated: 15 July 2022; Ref: scu.218583
Application for permission to appeal against the refusal to grant permission to apply for judicial review. Held: Rejected as hopeless. Judges: Pill LJ Citations:  EWCA Civ 1965 Links: Bailii Jurisdiction: England and Wales Employment Updated: 27 June 2022; Ref: scu.218490
The Central Office of Tribunals must record the particulars of Employment Tribunal decisions. It has in the past recorded the existence of the application but no details. The court held that the register must include details of the parties, the particulars of the allegations made, and the full text of the decision where recorded. The … Continue reading Regina v Secretary of the Central Office of the Employment Tribunals (England and Wales), ex parte Public Concern at Work: QBD 9 May 2000
The Employment Appeal Tribunal is immune from judicial review. Judges: Sedley LJ Citations: Unreported, 21 February 2000 Jurisdiction: England and Wales Cited by: Cited – Cart v The Upper Tribunal SC 21-Jun-2011 Limitations to Judicial Reviw of Upper Tribunal Three claimants sought to challenge decisions of various Upper Tribunals by way of judicial review. In … Continue reading Regina v Regional Office of the Employment Tribunals (London North), Ex p Sojorin (unreported): CA 21 Feb 2000
Citations:  UKICO FS50615751 Links: Bailii Jurisdiction: England and Wales Information Updated: 26 March 2022; Ref: scu.583790
Appeal from a costs order Smith, Pill LJJ  EWCA Civ 1450 Bailii England and Wales Costs Updated: 03 January 2022; Ref: scu.551916
 NICA 30 Bailii Northern Ireland Northern Ireland Updated: 16 December 2021; Ref: scu.534062
Redundancy – no consultation. . .
The applicants sought to challenge the practice of employment tribunals not to record their proceedings. They wished to allege perjury by a witness but had found that no prosecution would flow without a record.
Held: the application for . .
Citations:  ScotCS CSIH – 46 Links: Bailii Jurisdiction: Scotland Employment Updated: 08 August 2022; Ref: scu.641201
Mrs Percy was a minister in the church. She appealed rejection of her claim for unfair dismissal and sex discrimination. Held: the court considered whether Ms Percy was employed by the Board of National Mission in terms of a ‘contract personally to execute any work or labour’. After reviewing the authorities the Lord President enunciated … Continue reading Helen Percy v An Order and Judgment of the Employment Appeal Tribunal Dated 22 March 1999: SCS 20 Mar 2001
Judges: Lord Penrose And Lord Kirkwood And Lord Emslie Citations:  ScotCS CSIH – 68 Links: Bailii, ScotC Scotland, Employment Updated: 04 July 2022; Ref: scu.230237
Citations:  ScotCS CSIH – 46 Links: Bailii Jurisdiction: Scotland Employment Updated: 30 June 2022; Ref: scu.226103
Citations:  ScotCS CSIH – 35 Links: Bailii Jurisdiction: Scotland Employment Updated: 29 June 2022; Ref: scu.224391
The claimant prison officer had continued beyond the normal retirement age, but subject to a discretion and review. The service changed its retirement policy. He now challenged the requirement that he retire. Judges: Caplan L Citations:  ScotCS 103,  SCLR 263,  IRLR 362 Links: Bailii Citing: Cited – Wandsworth London Borough Council v … Continue reading Taylor v Against an Order and Judgment of the Employment Appeal Tribunal: SCS 18 Dec 1998
Direction regarding practice on appeals from industrial tribunal on matters of contract pending restoration of EAT power by statute. Citations: Times 03-Dec-1997 Statutes: Employment Rights Act 1996 Employment Updated: 09 April 2022; Ref: scu.84881
Grant of adjournment Citations:  EWCA Civ 1108 Links: Bailii Jurisdiction: England and Wales Litigation Practice Updated: 07 February 2022; Ref: scu.217347
Lord Johnston ScotC Scotland Employment Updated: 02 December 2021; Ref: scu.252573
 ScotCS CSIH – 21 Bailii Scotland Employment Updated: 02 December 2021; Ref: scu.240073
Extra Diision, Inner House – Appeal from EAT against finding of sex discrimination Lord Bracadale  ScotCS CSIH – 86 Bailii Sex Discrimination Act 1975 Scotland Employment Updated: 22 November 2021; Ref: scu.517017
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 . .
Applications for permission to appeal – rejection of claims for race discrimination . .
(Mauritius) . .
The respondent as a temporary worker was entitled to be treated as an employee of an agency within the contract governing the particular engagement where money was due when the agency went into liquidation. He was therefore able to claim against the respondent as such on that insolvency. A temporary worker might be an employee … Continue reading McMeechan v Secretary of State for Employment: CA 11 Dec 1996
The employers went into receivership in November 1983. A number of the employees were made redundant but the receiver hoped to carry on with the remaining workforce until February. However, a major customer threatened to withdraw its custom unless the undertaking had been sold as a going concern by 24 November. Negotiations for a sale … Continue reading Secretary of State for Employment v Spence: CA 1986
Immigration Appeal Tribunal had duty to hear parties on a genuine appeal even though had failed to comply with earlier directions. Judges: Sullivan J Citations: Times 25-Feb-1998,  EWHC Admin 154 Jurisdiction: England and Wales Citing: Cited – Dedman v British Building and Engineering Appliances CA 1973 The claimant sought to bring his claim under … Continue reading Regina v Immigration Appeal Tribunal Ex Parte S: QBD 25 Feb 1998
The appellant challenged the decision that he had not been an employee of the respondent. He had worked for them first through an agency, and come to be closer to them, but was still not paid sick pay. He complained that the tribunal had decided he was not an employee without first listening to the … Continue reading Raymond Franks v Reuters Limited, First Resort Employment Limited: CA 10 Apr 2003
UTAA CONTRACT OF EMPLOYMENT The Claimant claimed from the Insolvency Service the redundancy payment which her company, of which she was the Managing Director and sole shareholder, had not paid to her. The Tribunal found that she was an employee of the company when it ceased trading, as insolvent. The Claimant had not been paid … Continue reading Secretary of State for Business, Innovation and Skills v Knight (Contract of Employment): UTAA 9 May 2014
The company appealed a finding that it had been paying workers at less than the minimum hourly rate. Its workers resided at their places of work, and deductions were made toward the cost of providing accomodation etc. The company claimed that the charge for heating fell within its provision of accomodation. Held: It was a … Continue reading Leisure Employment Services Ltd v Revenue and Customs: CA 16 Feb 2007
Whether a Tribunal of Commissioners is bound by a decision of a previous Tribunal of Commissioners – part-time teacher: recognised or customary holiday: effect on all days in school holiday. Citations:  UKSSCSC CU – 224 – 1986 Links: Bailii Jurisdiction: England and Wales Benefits Updated: 11 June 2022; Ref: scu.197419
The claimant was detained as a mental patient. He complained that a consultant employed by the NHS Trust which detained him, also sat on the panel of the tribunal which heard the review of his detention. Held: Such proceedings did engage the applicant’s right to a fair trial. The issue was whether a fair-minded and … Continue reading PD, Regina (on the Application of) v West Midlands and North West Mental Health Review Tribunal: Admn 22 Oct 2003
The employer and employees disagreed about whether an element of holiday pay had been included in the rate of pay. Held: There had to be an explicit agreement between the parties before this could happen. It was not for one side unilaterally to impose its own understanding of the contract. The regulations referred to ‘contractual’ … Continue reading Gridquest Ltd T/A Select Employment, Piper Group Plc, XR Associates Ltd v K A Blackburn etc: CA 23 Jul 2002
A tribunal had erred in ordering that names of both complainant and respondent and of witnesses should be protected in a sexual harassment case. The power only exists in respect of the complainant and a ‘person affected’. This group should not be extended. The imposition of general reporting restrictions on a sex discrimination case went … Continue reading Regina v London (North) Industrial Tribunal Ex Parte Associated Newspapers Ltd: QBD 13 May 1998
ECJ The free movement of workers enshrined in Article 48 of the Treaty entails the right for nationals of Member States to move freely within the territory of the other Member States and to stay there for the purposes of seeking employment. The period of time for which the person seeking employment may stay may … Continue reading Regina v Immigration Appeal Tribunal, ex parte Antonissen: ECJ 26 Feb 1991
Although fewer men were affected by the two year qualifying period before becoming entitled not to be dismissed unfairly, the difference was objectively justified by the need to encourage employers to take staff on, and was not directly derived from any discriminatory reason. It was not a breach of the Directive. Lord Nicholls said: ‘The … Continue reading Regina v Secretary of State For Employment Ex Parte Seymour-Smith and Another (No 2): HL 17 Feb 2000
The House referred to the European Court the question of whether the extension of the minimum period of employment before employment rights were acquired, was discriminatory. Citations: Times 14-Mar-1997,  UKHL 11,  2 All ER 273,  1 WLR 473,  ICR 371,  IRLR 315 Links: House of Lords, Bailii Jurisdiction: England and … Continue reading Regina v Secretary of State for Employment, ex parte Seymour Smith (1): HL 13 Mar 1997
(Jamaica) The court was asked as to the Jamaican Industrial Disputes Tribunal, ‘can the IDT take into account matters of which the employer was unaware at the time of the dismissal and can it form its own judgment about whether, in the light of all the information available, the dismissal was justifiable? Or is it … Continue reading University of Technology, Jamaica v Industrial Disputes Tribunaland Others: PC 17 Jul 2017
When acting effectively as a guarantor of a company’s obligations to its employees upon insolvency in paying unpaid wages, the Secretary of State for Employment was entitled to set off against those payments, payments made by way of compensation by administrative receivers by way of a protective award for employment entitlements. European Directives did not … Continue reading Mann and others v Secretary of State for Employment: HL 8 Jul 1999
An Employment Tribunal considering applying the rule allowing a restriction on reporting a case, must have regard to the legislative purpose and also to the importance of the principles of freedom of the press and open justice. Judges: Keene J Citations:  ICR 1212 Jurisdiction: England and Wales Cited by: Cited – Tradition Securities and … Continue reading Regina v London North Industrial Tribunal, ex parte Associated Newspapers Ltd: 1998
EAT Contract of Employment – Definition of employee. Judges: His Hon Judge Clark Citations: UKEAT/656/03 and UKEAT/829/03 Links: EAT Jurisdiction: England and Wales Employment Updated: 07 May 2022; Ref: scu.256878
The respondents appealed a finding that they were not due to make additional holiday pay under the regulations. The employer asserted that the hourly rate of pay included a rolled up element of holiday and sick pay. The employee asserted that the contract documentation made no mention of such an arrangement. The employers claimed that … Continue reading Gridquest Ltd T/A Select Employment, Piper Group Plc, XR Associates Ltd v Blackburn etc: EAT 1 Nov 2000
Judges: Mr Justice Cranston Citations:  EWHC 1257 (Admin) Links: Bailii Jurisdiction: England and Wales Employment Updated: 06 April 2022; Ref: scu.416389
EAT CONTRACT OF EMPLOYMENT – Implied term / variation / construction of term UNFAIR DISMISSAL – Constructive dismissal The Employment Tribunal erred in holding that it was necessary in order for a term to be implied into an employee’s contract of employment as a result of custom and practice that it must be widely known … Continue reading Ghiglieri v Systech Group Employees Ltd (Contract of Employment): EAT 7 Jun 2017
CONTRACT OF EMPLOYMENT JURISDICTIONAL POINTS – Working outside the jurisdiction The Claimant is a British citizen and his home is in the United Kingdom. He was recruited in the United Kingdom pursuant to an offer letter dated 26 July 2011. It offered the position of Finance Director subject to receipt of satisfactory references and an … Continue reading ESS Support Services Llp v Pabani and Another (Contract of Employment): EAT 16 Dec 2015
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
EAT UNFAIR DISMISSAL – Polkey deduction The Claimant was dismissed by the Respondent and brought a claim for unfair dismissal. The Respondent accepted that the dismissal had been unfair because it had not followed its capability procedure. On the issue of compensation, it contended that – even if it had applied its capability procedure – … Continue reading Kapoor v Balfour Beatty Group Employment Ltd (Unfair Dismissal : Polkey Deduction): EAT 14 Mar 2016
JURISDICTIONAL POINTS – Claim in time and effective date of termination DISABILITY DISCRIMINATION – Direct disability discrimination PRACTICE AND PROCEDURE – Costs Equality Act 2010 limitation. No express finding by the Employment Tribunal on a late point raised by the Respondent below. However, it is plain that there was a ‘continuing act’ which rendered all … Continue reading Fenn (T/A Powercutz) v Schreeve (Jurisdictional Points: Continuity of Employment): EAT 2 Oct 2015
Awards made by an industrial tribunal for unfair dismissal are equivalent to pay for equal pay purposes. A system which produced a differential effect between sexes was not indirect discrimination unless the difference in treatment between men and women was substantial. Times 25-Feb-1999, C-167/97,  IRLR 253,  ICR 447,  ECR I-623,  EUECJ … Continue reading Seymour-Smith and Perez; Regina v Secretary of State for Employment, Ex Parte Seymour-Smith and Another: ECJ 9 Feb 1999
EAT CONTRACT OF EMPLOYMENT Whether established Written particulars Joint and several liability. The respondents had each employed the claimant. The Employment Tribunal found that it was difficult to distinguish between the claimants who were associated employers. It therefore made liability to pay compensation joint and several, that is the whole amount could be enforced against … Continue reading Joseph (T/A T-Zone) v Choughari and Another (Contract of Employment : Whether Established): EAT 3 Oct 2014
EAT CONTRACT OF EMPLOYMENT – Implied term/variation/construction of term The Employment Tribunal had erred in concluding that a term in the letters of appointment of the Claimants enabled the employer to vary the contract unilaterally; the term was unclear and probably ambiguous – Wandsworth London Borough Council v D’Silva  IRLR 193 and Security and … Continue reading Norman and Another v National Audit Office (Contract of Employment : Implied Term/Variation/Construction of Term): EAT 15 Dec 2014
Employment and Support Allowance  NICom 32 Bailii Northern Ireland Benefits Updated: 03 January 2022; Ref: scu.551589
EAT PRACTICE AND PROCEDURE – Bias, misconduct and procedural irregularity Procedural irregularity/fair hearing Allowing the appeal on this basis. On the Second Respondent’s application for wasted costs against the Appellant, the Employment Tribunal (‘ET’) hearing had ended with a lack of certainty as to how matters were to proceed in terms of evidence as to … Continue reading Employment Rights Advice Ltd v Thew and Another (Practice and Procedure: Bias, Misconduct and Procedural Irregularity): EAT 20 Mar 2015
UTAA Employment and Support Allowance : Regulation 35 – The claimant’s appeal is allowed. The decision of the First-tier Tribunal dated 13 August 2013 is set aside and the case is remitted to a differently-constituted panel of the First-tier Tribunal to be re-decided.  UKUT 200 (AAC) Bailii England and Wales Benefits Updated: 30 December … Continue reading GB v Secretary of State for Work and Pensions (Employment and Support Allowance : Regulation 35): UTAA 23 Apr 2015
Employment and Support Allowance : Regulation 35 – The appeal is allowed. The decision of the First-tier Tribunal sitting at Kidderminster on 15 January 2013 under reference SC053/12/05518 involved the making of an error on a point of law and is set aside. The case is referred to the First-tier Tribunal (Social Entitlement Chamber) for … Continue reading KB v Secretary of State for Work and Pensions (Employment and Support Allowance : Regulation 35): UTAA 10 Apr 2015
EAT Contract of Employment : Notice and Pay In Lieu The Claimant was dismissed. He claimed in respect of unfair dismissal and lack of notice pay. The Employment Tribunal found his dismissal was fair. The Employment Tribunal recognised that the test for notice pay differed from unfair dismissal. It was required to decide if the … Continue reading The Police and Crime Commissioner for Devon and Cornwall v Naldrett (Contract of Employment : Notice and Pay In Lieu): EAT 12 Feb 2015
EAT Contract of Employment : Implied Term/Variation/Construction of Term – DISABILITY DISCRIMINATION – Burden of proof The Employment Tribunal had concluded that a contract of employment which stated that the Claimant was employed to work a minimum of 48 hours in fact meant a maximum of 48 hours. That finding was perverse: no one had … Continue reading Unwin v Oltec Group Trading Ltd and Another (Contract of Employment : Implied Term/Variation/Construction of Term): EAT 13 Feb 2015
Directions – Employment Support Allowance claim Markus QC UTJ  UKUT 445 (AAC) Bailii England and Wales Benefits Updated: 23 December 2021; Ref: scu.539098
UTAA Employment and Support Allowance : Post 28311 Wca Activity 5: Manual Dexterity Appeal with the permission of an Upper Tribunal Judge from a decision of the First-tier Tribunal. That decision dismissed the claimant’s appeal from a decision that the claimant’s existing award of incapacity credits and income support did not qualify for conversion into … Continue reading KH v Secretary of State for Work and Pensions (ESA) (Employment and Support Allowance : Post 28311 Wca Activity 5: Manual Dexterity): UTAA 10 Oct 2014
UTAA Employment and Support Allowance : Income-Related ESA – The claimant’s appeal is allowed. The decision of the First-tier Tribunal is set aside and, subject to there being any further issue as to the claimant’s financial position, there is substituted a decision that the claimant is entitled to employment and support allowance from 26 August … Continue reading ILH v Secretary of State for Work and Pensions (ESA) (Employment and Support Allowance : Income-Related ESA): UTAA 21 Oct 2014
The employment tribunal did not err in law in holding that the terms of the claimant’s contract of employment (including incorporated provisions of the respondent’s Ordinances) allowed the respondent to terminate her contract before the end of her probationary period because of unsatisfactory performance, without following the procedure for dismissal for good cause pursuant to … Continue reading Altes v University of Essex (Contract of Employment): EAT 2 Nov 2021
The Employment Tribunal dismissed the Claimant’s claim of unfair dismissal on the basis that he did not have two years’ continuous employment. The dispute turned on the start date. Section 211(1)(a) Employment Rights Act 1996 provides that, for these purposes, a period of continuous employment begins ‘with the day on which the employee starts work’. … Continue reading O’Sullivan v DSM Demolition Ltd (Jurisdictional Points – Continuity of Employment): EAT 15 May 2020
In this case the Tribunal held that the Claimant was not the employee of the Respondent. It considered that while the tests in Ready Mix Concrete (South East) Limited v Minister of Pensions and National Insurance  2 QB 497 were largely satisfied the Respondent did not possess a sufficient degree of control over the … Continue reading Bannerman v Euroscot Engineering Ltd (Contract of Employment : Employee, Worker or Self Employed): EAT 19 Aug 2020
EAT CONTRACT OF EMPLOYMENT – Frustration DISABILITY DISCRIMINATION – Disability related discrimination For the purposes of claims of unfair dismissal and breach of contract the Respondent argued, and the Employment Tribunal accepted, that the Claimant’s contract came to an end by virtue of the doctrine of frustration. It was argued that this doctrine had no … Continue reading Warner v Armfield Retail and Leisure Ltd (Contract of Employment : Frustration): EAT 8 Oct 2013
EAT CONTRACT OF EMPLOYMENT – Sick pay and holiday payWorking Time Directive 2003/88/EC Article 7; Working Time Regulations: holiday pay accrued when on sick leave. The Claimant sought payment in lieu of holiday pay, under WTR 13 and 13A, which he claimed had accrued during a period of illness prior to his resigning from his … Continue reading Sood Enterprises Ltd v Healy (Contract of Employment : Sick Pay and Holiday Pay): EAT 14 Mar 2013
CONTRACT OF EMPLOYMENT – Written particulars RACE DISCRIMINATION – Direct RACE DISCRIMINATION – Comparison The Employment Tribunal erred in concluding that an employee who has more than one but less than two months’ service is not entitled to a section 1 Employment Rights Act 1996 statement of terms and conditions of employment. It does not … Continue reading Stefanko and Others v Maritime Hotel Ltd and Another (Contract of Employment : Race Discrimination): EAT 25 Sep 2018
The Employment Tribunal had been faced with a dispute about whether the claimant was employed by one or more of a network of companies/business entities or was a self-employed contractor. The evidence illustrated that he had worked for more than one entity. Having decided that he had been an employee throughout the material period, the … Continue reading SD (Aberdeen) Ltd v Wright and Others (Jurisdictional Points – Continuity of Employment): EAT 14 Sep 2018
Limitations to Judicial Reviw of Upper Tribunal Three claimants sought to challenge decisions of various Upper Tribunals by way of judicial review. In each case the request for judicial review had been first refused on the basis that having been explicitly designated as higher courts, the proper scope of judicial review was limited or excluded. … Continue reading Cart v The Upper Tribunal: SC 21 Jun 2011
Part-time chairmen of social security tribunals were office holders rather than employees and were not Crown employees. Peter Clark J Unreported, 16 March 2004 Cited by: Cited – O’Brien v Department for Constitutional Affairs CA 19-Dec-2008 The claimant was a part time recorder. He claimed to be entitled to a judicial pension. Held: The Employment … Continue reading Sheikh v Independent Tribunal Service: EAT 16 Mar 2004
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
The claimant had been dismissed after it was discovered he had been cautioned for a public homosexual act. He appealed dismissal of his claim saying that the standard of fairness applied was inappropriate with regard to the Human Rights Act, and that the state had a duty to protect him from private acts which breached … Continue reading X v Y (Employment: Sex Offender): CA 28 May 2004
The Equal Opportunities Commission sought judicial review to test whether English employment law was in breach of EC law where threshold conditionsions for part time workers to make unfair dismissal and redundancy law claims were discriminatory. Held: The different employment rights for part timers were a form of indirect discrimination because they affected women more … Continue reading Regina v Secretary of State Employment, ex parte Equal Opportunities Commission and Another: HL 4 Mar 1994
ECJ Principle of equal pay for men and women – Direct effect – Meaning of worker – Self-employed female lecturer undertaking work presumed to be of equal value to that which is undertaken in the same college by male lecturers who are employees, but under contract with a third company – Self-employed lecturers not eligible … Continue reading Allonby v Accrington and Rossendale College for Education and Employment: ECJ 13 Jan 2004
The Claimant’s claim for unpaid wages was rejected by the Employment Tribunal on the ground that no ACAS Early Conciliation number was given in section 2 of her Claim Form.
Held (allowing the appeal) that that decision must have been made in . .
The Claimants were made redundant by the Respondent in 2017 and received statutory redundancy payments. They claimed that they were contractually entitled to enhanced redundancy payments, on the basis that either a 1999 collective agreement had been . .
The claimant appealed against rejection of judicial review of a finding that she had effectively cheated at a professional examination for the Institute. She compained that the presence of a director and the council’s vice-president of the Institute . .
A party sought from the EAT a declaration as to incompatibility of the exemption of small firms from the provisions of the Disability Discrimination Act. The industrial tribunal had said it was not a court entitling it to consider such an . .
The employee worked for Company A from 1948 to 1970. In 1970 he accepted employment with a related Company B, on the understanding that his employment with A would be treated as continuous. Upon his dismissal by B in 1975 on grounds of redundancy, . .
PRACTICE AND PROCEDURE – Disposal of appeal including remission
The Employment Tribunal misdirected itself in law by applying Ranson v Customer Systems plc  EWCA 841 to a case in which the employee did not remain silent but submitted an . .
(1) In an application for entry clearance as the partner of a person present and settled in the United Kingdom, the financial requirements in E-ECP.3.1 of Appendix FM to the Immigration Rules regarding income from employment relate to the period of . .
EAT Equal Pay Act – Article 141 – By consent – Adjourned. Preston case pending legal representation. . .
The Employment Tribunal correctly held that the Claimant’s claim under Regulation 16, Working Time Regulations 1998 (‘WTR’) was presented out of time, as the time for doing so ran from the date when he contended payment ought to have been made (5 . .
The complainant has requested a number of pieces of information relating to the Office of Industrial Tribunals and the Fair Employment Tribunal (OITFET). The Department for Employment and Learning Northern Ireland (DEL) refused to comply with the . .
The Employment Tribunal erred in concluding that the parties entered into a contractually binding agreement by which ownership of a car would transfer from the Respondent to the Claimant upon the termination of his employment. Although the . .
The Claimant in the Employment Tribunal, a police officer serving with the Respondent Force, made a number of subject access requests to the Respondent’s Data Access Unit (DAU). One of these, made in 2017, (SAR1) was for all emails sent within the . .
The Claimant was employed under a contract with a Cayman Islands firm, HWR. The Contract stated that it was governed by Cayman Islands law and subject to the jurisdiction of the Cayman Islands Courts. In January 2018, she was dismissed with a . .
The employee complained that he had been constructively dismissed. The Tribunal held that applying the test in Malik v BCCI the implied obligation of trust and confidence had not been breached. While the Respondents had behaved badly in some ways . .
An Employment Tribunal did not err by not considering an uplift under section 38 of the Employment Act 2002 when making an award for an unlawful deduction from wages, where the Respondent did not have notice of the application and where the facts, . .
Two grounds of appeal (numbered 1 and 3) from the Tribunal’s finding, on remission, that the Claimant had been wrongfully dismissed had been permitted to proceed to a full hearing. The EAT allowed both grounds of appeal. In accordance with the . .
JURISDICTIONAL POINTS – Worker, employee or neither
PRACTICE AND PROCEDURE – Amendment
PRACTICE AND PROCEDURE – Application/claim
On the specific grounds of appeal put forward by the Appellant (the Claimant before the ET), the ET . .
CONTRACT OF EMPLOYMENT – Damages for breach of contract
UNFAIR DISMISSAL – Constructive dismissal
UNFAIR DISMISSAL – Compensation
UNFAIR DISMISSAL – Contributory fault
UNFAIR DISMISSAL – Polkey deduction
The . .
EAT REDUNDANCY – Collective consultation and information
The evidence to support a conclusion that a trade union has been recognised by an employer for collective bargaining purposes within the meaning of . .
LMA An Industrial tribunal does not have the jurisdiction to entertain Francovich state liability for damages actions – these must be heard by the ordinary courts. . .
Appeal against case management decision refusing to exclude evidence of an employment tribunal decision but not admitting its findings of fact.
Rule 15(2) – admitting and excluding evidence – subject to overriding objective – permissible to . .
Employment and support allowance – WCA activity 3: bending or kneeling . .
FTTTX Value added tax (VAT) – whether supplies by an employment bureau in respect of temporary workers were of introductory services or supplies of staff – consideration for such supplies – jurisdiction of . .
Second Division Inner House) The AG appealed from a finding that a tax avoidance was not a sham. TH AG brought a new argument, that the payment of the sums to the remuneration trust involved a redirection of the employee’s earnings and accordingly . .
The claimant was an employee of the defendant employment agency. She was dismissed, but in order to succeed, she had to show that the agency had more than 20 employees. To do so she had bring the agency workers in as employees. The tribunal . .
EAT Disability Discrimination : Reasonable Adjustment
UNFAIR DISMISSAL – Reasonableness of dismissal
Employment Tribunal finding of failure to make reasonable adjustment and unfair dismissal upheld. . .