Redundancy – no consultation. Citations: [1999] EWCA Civ 1265 Jurisdiction: England and Wales Employment Updated: 09 December 2022; Ref: scu.146180

Citations: [2001] 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: [2001] EWCA Civ 1965 Links: Bailii Jurisdiction: England and Wales Employment Updated: 27 June 2022; Ref: scu.218490

Citations: [2018] UKEAT EAT – PD – 2018 Links: Bailii Jurisdiction: England and Wales Employment Updated: 26 November 2022; Ref: scu.631859

Applications for permission to appeal – rejection of claims for race discrimination Citations: [2001] EWCA Civ 1190 Links: Bailii Jurisdiction: England and Wales Cited by: See Also – London Borough of Lambeth and Another v Apelogun-Gabriels CA 22-Nov-2001 . . Lists of cited by and citing cases may be incomplete. Employment Updated: 03 November 2022; … Continue reading Apelogun-Gabriels v Employment Appeal Tribunal: CA 17 Jul 2001

(Mauritius) Judges: Lord Kerr, Lord Hodge, Lady Black, Lord Briggs, Lord Kitchin Citations: [2019] UKPC 42 Links: Bailii Jurisdiction: England and Wales Employment Updated: 22 September 2022; Ref: scu.645935

Citations: [2019] ScotCS CSIH – 46 Links: Bailii Jurisdiction: Scotland Employment Updated: 08 August 2022; Ref: scu.641201

Citations: [2005] ScotCS CSIH – 46 Links: Bailii Jurisdiction: Scotland Employment Updated: 30 June 2022; Ref: scu.226103

Lord Johnston ScotC Scotland Employment Updated: 02 December 2021; Ref: scu.252573

[2006] ScotCS CSIH – 21 Bailii Scotland Employment Updated: 02 December 2021; Ref: scu.240073

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 Employment Tribunal did not err in deciding that a proposal described as a ‘gift’ was an offer, one … Continue reading Evergreen Timber Frames Ltd v Harrington (Contract of Employment): EAT 10 Mar 2021

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 not all the causes of breakdown were to be attributed to them and the employee … Continue reading Gordon v J and D Pierce (Contracts) Ltd (Contract of Employment : Unfair Dismissal): EAT 12 Jan 2021

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 payment in lieu. She contended that the notice failed to comply with Cayman … Continue reading Clark v Harney Westwood and Riegels (A Firm) and Others (Contract of Employment – Unlawful Deduction From Wages): EAT 21 Dec 2020

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 Force ‘with a connection to me’ between 2002 and 2017. The Respondent was … Continue reading Crew Employment Services Camelot v Gould (Practice and Procedure): EAT 15 Jan 2021

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, on further investigation, would not have justified the uplift. Citations: [2021] UKEAT … Continue reading Levy v 34 and Co Ltd (Practice and Prcoedure, Contract of Employment and Unlawful Deduction Wages): EAT 12 Feb 2021

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 principles in Jafri v Lincoln College [2014] EWCA Civ 449, it substituted its own … Continue reading East Coast Main Line Company Ltd v Cameron (Contract of Employment): EAT 31 Jan 2020

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 had not erred in refusing the application by the Claimant to add a second respondent to the claim when he … Continue reading Patel v Specsavers Optical Group Ltd (Contract of Employment – Whether Established): EAT 13 Sep 2019

CONTRACT OF EMPLOYMENT – Damages for breach of contract UNFAIR DISMISSAL – Constructive dismissal UNFAIR DISMISSAL – Compensation UNFAIR DISMISSAL – Contributory fault UNFAIR DISMISSAL – Polkey deduction The Appellant contended that the Employment Judge made a perverse finding regarding the Appellant’s conduct prior to dismissal (but which the Respondent only discovered after dismissal). The … Continue reading Mansfield Vtaran Microsystems Ltd (Contract of Employment – Damages for Breach of Contract : Unfair Dismissal): EAT 14 Sep 2018

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 section 178 of the Trade Union and Labour Relations (Consolidation) Act 1992 must be clear. The Employment Judge erred in deciding that the Claimant … Continue reading Working Links (Employment) Ltd v Public and Commercial Services Union: EAT 12 Mar 2013

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

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

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

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

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

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

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 [1998] 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

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

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

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 [1968] 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

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

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 . .

PRACTICE AND PROCEDURE – Disposal of appeal including remission
The Employment Tribunal misdirected itself in law by applying Ranson v Customer Systems plc [2012] EWCA 841 to a case in which the employee did not remain silent but submitted an . .

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 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 . .