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T W White and Sons Ltd v White (Practice and Procedure): EAT 26 Mar 2021

There is a mandatory requirement pursuant to rule 72(1) of the Employment Tribunal Rules 2013 for an employment judge to determine whether there are reasonable prospects of a judgment being varied or revoked before seeking the other party’s response and the views of the parties as to whether the matter can be determined without a … Continue reading T W White and Sons Ltd v White (Practice and Procedure): EAT 26 Mar 2021

Kuwait Oil Company (KSC) v Al-Tarkait (Practice and Procedure – Costs): EAT 4 Dec 2019

A costs order made by the tribunal under rule 78(1)(b) of the Employment Tribunal Rules of Procedure 2013 was within its powers, even though it capped the costs in favour of the appellant (the respondent below) in an amount that had not yet been precisely ascertained. The tribunal had been entitled to have regard to … Continue reading Kuwait Oil Company (KSC) v Al-Tarkait (Practice and Procedure – Costs): EAT 4 Dec 2019

Leslie v Imperial College Healthcare NHS Trust (Practice and Procedure): EAT 7 Jan 2020

The Employment Tribunal dismissed the Claimant’s claims for discrimination, harassment, victimisation, whistleblowing detriment and unfair dismissal part of the way through the final hearing because he indicated that he was not prepared to give evidence or otherwise continue to participate in the proceedings, after the Tribunal ruled against his application to strike out the Respondent’s … Continue reading Leslie v Imperial College Healthcare NHS Trust (Practice and Procedure): EAT 7 Jan 2020

Sarnoff v The Weinstein Company Llc (Practice and Procedure – Disclosure – Case Management): EAT 6 May 2020

An order for disclosure under rule 31 of the 2013 Employment Tribunal Rules of Procedure can be made against a person who is not physically present in Great Britain at the time when the order is made. The words in rule 31: ‘[t]he Tribunal may order any person in Great Britain to disclose documents or … Continue reading Sarnoff v The Weinstein Company Llc (Practice and Procedure – Disclosure – Case Management): EAT 6 May 2020

Dimitriu v Testerworld Ltd (T/A De Pharmaceutical) (Practice and Procedure – Appearance/Striking-Out): EAT 16 Jan 2020

PRACTICE AND PROCEDURE – appearance/striking-out The Claimant was represented by her husband, who is not legally qualified. They attended and participated in a Preliminary Hearing, at which an ET considered whether the Claimant’s claims had no, or little reasonable prospect of success, and allowed them to proceed without making a deposit order. The Claimant was … Continue reading Dimitriu v Testerworld Ltd (T/A De Pharmaceutical) (Practice and Procedure – Appearance/Striking-Out): EAT 16 Jan 2020

Banerjee v Royal Bank of Canada (Practice and Procedure): EAT 30 Oct 2020

In this case the Employment Appeal Tribunal (EAT) was asked whether a party was entitled to ask the Tribunal to reconsider on ‘its own initiative’ (Rules 70 and 73 of the Employment Tribunals Rules of Procedure 2013) when it had failed to apply for reconsideration and where any application, if made, would be substantially out … Continue reading Banerjee v Royal Bank of Canada (Practice and Procedure): EAT 30 Oct 2020

Transport for London v O’Cathail: CA 29 Jan 2013

The court considered an appeal against a refusal of a late application for an adjournment by an employment tribunal. Held: The appeal was allowed. There had been no error of law in the decisions of the ET to refuse adjournments either in its approach in principle to the exercise of the ET’s discretion or in … Continue reading Transport for London v O’Cathail: CA 29 Jan 2013

Arthur v Hertfordshire Partnership University NS Foundation Trust (Practice and Procedure Striking-Out : Dismissal): EAT 13 Aug 2019

PRACTICE AND PROCEDURE Striking-out / dismissal PRACTICE AND PROCEDURE Imposition of deposit Rules 37(1) and 39(1) Schedule 1 Employment Tribunal (Constitution and Rules of Procedure) Regulations 2013 The Employment Tribunal (‘ET’) had struck out the Claimant’s claim of protected disclosure detriments and dismissal as having no reasonable prospect of success. In the alternative, the ET … Continue reading Arthur v Hertfordshire Partnership University NS Foundation Trust (Practice and Procedure Striking-Out : Dismissal): EAT 13 Aug 2019

Hassan v Barts Health NHS Trust and Others (Practice and Procedure): EAT 11 Jul 2017

PRACTICE AND PROCEDURE – Bias, misconduct and procedural irregularity On a Rule 26 ‘initial consideration’ on 26 August 2015 before presentation of the ET3 response, the London Central Employment Tribunal directed a Preliminary Hearing on a jurisdictional issue, to be heard on 2 October 2015. Before receipt of notice of that hearing, the Appellant applied … Continue reading Hassan v Barts Health NHS Trust and Others (Practice and Procedure): EAT 11 Jul 2017

Clarke v Abertawe Bro Morgannwg University Health Board (Practice and Procedure): EAT 15 May 2017

EAT PRACTICE AND PROCEDURE – Bias, misconduct and procedural irregularity VICTIMISATION DISCRIMINATION – Whistleblowing VICTIMISATION DISCRIMINATION – Protected disclosure The Appellant’s whistleblowing claim was dismissed by the Employment Tribunal in 2012. Her application dated 7 September 2012 for a review under Rule 34(3) of the 2004 Rules was permitted to proceed to a hearing in … Continue reading Clarke v Abertawe Bro Morgannwg University Health Board (Practice and Procedure): EAT 15 May 2017

IG Index Plc v Cloete: QBD 11 Dec 2013

The defendant applied to have struck out the claim, saying that it was based upon a misuse of documents disclosed during an employment tribunal case, and was an abuse since the claimants had not sought the permission of the Tribunal for a second use of disclosed information. The defendant said that the information had been … Continue reading IG Index Plc v Cloete: QBD 11 Dec 2013

Majekodunmi v City Facilities Management Uk Ltd and Others (Practice and Procedure: Time for Appealing): EAT 25 Sep 2015

EAT Appeal from Registrar’s Order – whether the appeal was in time The appeal raised two questions: (1) Whether the Employment Tribunal’s re-issue of the Judgment under a certificate of correction meant that time began to run from the when the re-issued Judgment was sent out? If so, the appeal had been served in time. … Continue reading Majekodunmi v City Facilities Management Uk Ltd and Others (Practice and Procedure: Time for Appealing): EAT 25 Sep 2015

CA, RA, RB and RC v News Group Newspapers Ltd (Practice and Procedure: Restricted Reporting Order): EAT 13 May 2016

EAT 1. The Employment Judge had jurisdiction to consider an extant RRO notwithstanding the fact that the claims had been withdrawn on settlement. The Employment Tribunal was not functus as the Appellants sought to argue. 2. Nor did the RRO expire automatically upon withdrawal. Rule 50(1) of the 2013 Rules permits RROs that are wider … Continue reading CA, RA, RB and RC v News Group Newspapers Ltd (Practice and Procedure: Restricted Reporting Order): EAT 13 May 2016

Clarke v The Restaurant Group (UK) Ltd (Practice and Procedure): EAT 20 Jul 2021

The claimant in the employment tribunal was a litigant in person. Upon consideration of her claim form under rule 12 Employment Tribunals Rules of Procedure 2013, a judge determined that there were two complaints, being of (a) ordinary unfair dismissal, in respect of which the claimant lacked qualifying service, and which was dismissed; and (b) … Continue reading Clarke v The Restaurant Group (UK) Ltd (Practice and Procedure): EAT 20 Jul 2021

Mist v Derby Community Health Services NHS Trust (Practice and Procedure: Amendment): EAT 22 Jan 2016

EAT PRACTICE AND PROCEDURE – Amendment TRANSFER OF UNDERTAKINGS – Transfer TRANSFER OF UNDERTAKINGS – Consultation and other information Application to amend existing ET proceedings to add a claim against a Second Respondent (the transferee in a TUPE transfer). Without determining the date of the transfer but assuming liability for the Claimant’s employment and any … Continue reading Mist v Derby Community Health Services NHS Trust (Practice and Procedure: Amendment): EAT 22 Jan 2016

Hylton v Royal Mail Group Ltd (Practice and Procedure): EAT 24 Feb 2015

EAT Practice and Procedure – Striking out/dismissal The Claimant made completely unspecific allegations of discrimination in her ET1. The Employment Tribunal ordered there be a Preliminary Hearing to discover what she was really alleging. 30 minutes before the hearing she asked for a postponement, since she had had a panic attack. It was granted, but … Continue reading Hylton v Royal Mail Group Ltd (Practice and Procedure): EAT 24 Feb 2015

Bank Mellat v Her Majesty’s Treasury (No 2): SC 19 Jun 2013

The bank challenged measures taken by HM Treasury to restrict access to the United Kingdom’s financial markets by a major Iranian commercial bank, Bank Mellat, on the account of its alleged connection with Iran’s nuclear weapons and ballistic missile programmes. The bank sought to have the direction given under section 7 of the 2008 Act. … Continue reading Bank Mellat v Her Majesty’s Treasury (No 2): SC 19 Jun 2013

Ameyaw v Pricewaterhousecoopers Services Ltd (Practice and Procedure; Victimisation; Unfair Dismissal): EAT 3 Nov 2021

The claimant’s appeals against two decisions of the Employment Tribunal, made in different proceedings brought against the respondent, were heard together. In the first appeal, the claimant challenged the Employment Tribunal’s refusal to reconsider its earlier judgment dismissing the respondent’s application to strike out three claims brought by the claimant. The Employment Appeal Tribunal held … Continue reading Ameyaw v Pricewaterhousecoopers Services Ltd (Practice and Procedure; Victimisation; Unfair Dismissal): EAT 3 Nov 2021

Portnykh v Nomura International Plc: EAT 5 Nov 2013

EAT Practice and Procedure : Admissibility of Evidence – The Employment Judge had misdirected herself on the ‘without prejudice’ rule. She had looked only in the correspondence itself for an actual ‘dispute’ and by failing to consider the factual matrix in which the correspondence arose she had misdirected herself by excluding the possibility of ‘a … Continue reading Portnykh v Nomura International Plc: EAT 5 Nov 2013

Rustamova v The Governors of Calder High School: EAT 4 Dec 2013

EAT Practice and Procedure : Appellate Jurisdiction/Reasons/Burns-Barke – Case remitted to same Employment Tribunal for Meek compliant reasons, the original ET decision being that of the majority lay members, by first EAT. Further reasons then produced, following a further ET hearing and signed by lay members but not the Employment Judge. No Judgment/reasons complying with … Continue reading Rustamova v The Governors of Calder High School: EAT 4 Dec 2013

Dunn v Estee Lauder Cosmetics Ltd: EAT 8 Oct 2013

EAT PRACTICE AND PROCEDURE – Costs Abusive and threatening e-correspondence accompanied an application to an Employment Tribunal for unpaid wages, where the basis for claiming underpayment was never clearly set out, and when the matter was heard evidence as to how the employer had calculated payments was not challenged, although assertions were made by the … Continue reading Dunn v Estee Lauder Cosmetics Ltd: EAT 8 Oct 2013

Rustamova v Calder High School: EAT 14 Nov 2013

EAT Practice and Procedure : Appellate Jurisdiction or Reasons or Burns-Barke – Case remitted to same Employment Tribunal for Meek compliant reasons, the original ET decision being that of the majority lay members, by first EAT. Further reasons then produced, following a further ET hearing and signed by lay members but not the Employment Judge. … Continue reading Rustamova v Calder High School: EAT 14 Nov 2013

Hemming v British Waterways Board: EAT 16 Sep 2013

EAT Practice and Procedure : Striking-Out/Dismissal – Postponement or stay Costs The Claimant did not attend on day 1 of her 8 day race discrimination hearing. The Employment Tribunal was told by noon she had been taken by ambulance and was in AandE. The Respondent made an application to strike out the claims with costs. … Continue reading Hemming v British Waterways Board: EAT 16 Sep 2013

Uche v Oxfordshire County Council (Unfair Dismissal): EAT 23 May 2013

EAT UNFAIR DISMISSAL The Claimant’s appeal against the finding that she had not been unfairly constructively dismissed was refused on the basis of the facts found by the Employment Tribunal. The Employment Tribunal was entitled to conclude that she had not been dismissed at all, nor had she been the subject of sex or race … Continue reading Uche v Oxfordshire County Council (Unfair Dismissal): EAT 23 May 2013

Gwara v Mid Essex Primary Care Trust: EAT 17 Jul 2013

EAT Practice and Procedure : Bias, Misconduct and Procedural Irregularity – Costs – The Employment Tribunal did not comply with rule 38(9) of the Employment Tribunal Rules of Procedure (Schedule 1 to the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004) in that it did not afford the Claimant an opportunity – which means … Continue reading Gwara v Mid Essex Primary Care Trust: EAT 17 Jul 2013

Emuemukoro v Croma Vigilant (Scotland) Ltd and Another (Practice and Procedure): EAT 22 Jun 2021

Response Properly Struck Out – Non-compliance On the first day of a five-day hearing to consider the Claimant’s claims of unfair dismissal, wrongful dismissal and holiday pay, the Tribunal struck out the Respondents’ Response for failing to comply with the Tribunal’s orders. Those failures meant that it was impossible for the trial to proceed within … Continue reading Emuemukoro v Croma Vigilant (Scotland) Ltd and Another (Practice and Procedure): EAT 22 Jun 2021

X v Y Ltd (Practice and Procedure – Disclosure): EAT 9 Aug 2018

Iniquity surpasses legal advice privilege PRACTICE AND PROCEDURE – Disclosure PRACTICE AND PROCEDURE – Striking-out/dismissal An Employment Judge struck out paragraphs of the Claimant’s claim as they depended on an email in respect of which legal advice privilege was claimed. In considering whether privilege could not be claimed as the advice in the email was … Continue reading X v Y Ltd (Practice and Procedure – Disclosure): EAT 9 Aug 2018

Wolfe v North Middlesex University Hospital Nhs Trust (Practice and Procedure: Appellate Jurisdiction/Reasons/Burns-Barke): EAT 9 Apr 2015

EAT Practice and Procedure: Appellate Jurisdiction/Reasons/Burns-Barke 1. Section 21 of the Employment Tribunals Act 1996 gives jurisdiction to the Employment Appeal Tribunal to entertain appeals from a ‘decision’ of the Employment Tribunal. 2. A useful working definition of the term ‘decision’ which is not defined in the Act, is that to be found in Rule … Continue reading Wolfe v North Middlesex University Hospital Nhs Trust (Practice and Procedure: Appellate Jurisdiction/Reasons/Burns-Barke): EAT 9 Apr 2015

Dunn v Estee Lauder Cosmetics Ltd: EAT 2 Dec 2013

EAT Practice and Procedure : Costs – Abusive and threatening e-correspondence accompanied an application to an Employment Tribunal for unpaid wages, where the basis for claiming underpayment was never clearly set out, and when the matter was heard evidence as to how the employer had calculated payments was not challenged, although assertions were made by … Continue reading Dunn v Estee Lauder Cosmetics Ltd: EAT 2 Dec 2013

Vaughan v London Borough of Lewisham and Others (Practice and Procedure : Costs): EAT 6 Jun 2013

EAT Practice and Procedure : Costs – Tribunal orders that Appellant should pay Respondents one-third of their costs (estimated prior to assessment at andpound;260,000) on the basis that the claim was misconceived from the start.Held, dismissing the appeal, that there was no error of law in the Tribunal’s approach – In particular, it was not … Continue reading Vaughan v London Borough of Lewisham and Others (Practice and Procedure : Costs): EAT 6 Jun 2013

Solomon v University of Hertfordshire and Another: EAT 29 Oct 2019

Sex Discrimination — Burden of ProofThe liability judgment The ET did not err in law in dismissing the Claimant’s complaints of unlawful discrimination, victimisation and harassment. In one respect – relating to the ET’s reasoning concerning the burden of proof – the EAT’s decision is by a majority, Mr Hunter dissenting – see paragraphs 61-76. … Continue reading Solomon v University of Hertfordshire and Another: EAT 29 Oct 2019

Monfared v Spire Health Care Ltd: EAT 16 Nov 2018

PRACTICE AND PROCEDURE – Costs The Employment Appeal Tribunal (‘the EAT’) dismissed an appeal against a detailed assessment of costs by the Employment Tribunal (‘the ET’). The EAT held that, in the light of the express dispute on that assessment, the ET had not erred in law in its approach and had given adequate reasons … Continue reading Monfared v Spire Health Care Ltd: EAT 16 Nov 2018

Akhigbe v St Edwards Home Ltd and Others: EAT 8 Mar 2019

JURISDICTIONAL POINTS – 2002 Act and pre-action requirements The employment judge had erred in rejecting a second claim brought by the Claimant against the same two Respondents as an earlier claim (the first claim) brought by him. The first and second claims were claims ‘relating to’ the same ‘matter’ for the purposes of the early … Continue reading Akhigbe v St Edwards Home Ltd and Others: EAT 8 Mar 2019

Gray v Merrill Lynch, Pierce, Fenner and Smith Ltd: EAT 16 Mar 2016

EAT Practice and Procedure: Disclosure – Disclosure – Rule 31 of the Employment Tribunal Rules of Procedure 2013 – ET Case Management Various Orders for specific disclosure had been made by the ET as part of its case management of the Appellant’s claims of unfair dismissal (section 98 Employment Rights Act 1996 (‘ERA’)) and automatic … Continue reading Gray v Merrill Lynch, Pierce, Fenner and Smith Ltd: EAT 16 Mar 2016

TYU v ILA SPA Ltd: EAT 16 Sep 2021

Third Party Anonymity Order rights before ET The Appellant appealed the refusal of her application under Rule 50 of the Employment Tribunal Rules of Procedure 2013 for an order that her name be redacted or anonymised in an earlier judgment in unfair and wrongful dismissal proceedings brought by two of her relatives. She had also … Continue reading TYU v ILA SPA Ltd: EAT 16 Sep 2021

Millicom Service UK Ltd and Others v Clifford: EAT 11 May 2022

Practice and procedure – rule 50(1) schedule 1 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 The respondents made an application under rule 50(1) schedule 1 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 (‘the ET Rules’) to prohibit the disclosure of information relating to specified matters on the … Continue reading Millicom Service UK Ltd and Others v Clifford: EAT 11 May 2022

Lawal v Northern Spirit Limited: HL 19 Jun 2003

Counsel appearing at the tribunal had previously sat as a judge with a tribunal member. The opposing party asserted bias in the tribunal. Held: The test in Gough should be restated in part so that the court must first ascertain all the circumstances which have a bearing on the suggestion that the judge was biased. … Continue reading Lawal v Northern Spirit Limited: HL 19 Jun 2003

Iqra Community Primary School v Mansur (Whistleblowing : Protected Disclosure): EAT 5 Nov 2020

An Employment Tribunal erred by permitting the Claimant to amend her claim to add new allegations of whistleblowing detriment and by listing a final hearing without notice to the Respondent, in a case where the Respondent had made no response to the claim. The amendment decision was made without sufficient consideration of the guidance in … Continue reading Iqra Community Primary School v Mansur (Whistleblowing : Protected Disclosure): EAT 5 Nov 2020

Barnsley Metropolitan Borough Council v Yerrakalva: CA 3 Nov 2011

The claimant had issued claims in discrimination. She withdrew the claim, but still had a costs order made against her. She appealed and succeeded, and the Council now sought re-instatement of the costs order. Held: The Court made clear the rules for intervening in a costs decision and did in fact intervene, reaching different conclusions … Continue reading Barnsley Metropolitan Borough Council v Yerrakalva: CA 3 Nov 2011

Royal Mail Ltd v Jhuti: CA 20 Oct 2017

The employee complained of her dismissal having made protected disclosures. The company said that the dismissal was for reasons of inadequate work. Held: The company’s appeal succeeded. Subject to possible qualifications said to be irrelevant to the present case, a tribunal required to determine ‘the reason (or, if more than one, the principal reason) for … Continue reading Royal Mail Ltd v Jhuti: CA 20 Oct 2017

Jhuti v Royal Mail Group Ltd and Others: EAT 31 Jul 2017

EAT (Practice and Procedure) 1. While there is no express power provided by the ETA 1996 or the 2013 Rules made under it, the appointment of a litigation friend is within the power to make a case management order in the 2013 Rules as a procedural matter in a case where otherwise a litigant who … Continue reading Jhuti v Royal Mail Group Ltd and Others: EAT 31 Jul 2017

Royal Mail Group Ltd v Jhuti: EAT 19 May 2016

EAT Victimisation Discrimination: Dismissal – Whether the Employment Tribunal’s determination that dismissal was not automatically unfair under section 103A Employment Rights Act 1996 because the person who decided to dismiss was misled by the Claimant’s line manager (to whom she had made a protected disclosure) who engineered her dismissal because she had done so was … Continue reading Royal Mail Group Ltd v Jhuti: EAT 19 May 2016

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

A v The Secretary of State for Justice: EAT 13 Mar 2018

UNFAIR DISMISSAL HUMAN RIGHTS PRACTICE AND PROCEDURE PRACTICE AND PROCEDURE – Restricted reporting order Appeal against a decision to revoke an Anonymisation Order made at a final hearing. The Appellant worked for and was dismissed by a Probation Trust. At an early stage of her employment she had a relationship with a young man who … Continue reading A v The Secretary of State for Justice: EAT 13 Mar 2018

Secretary of State for the Home Department v AF AN and AE (No 3): HL 10 Jun 2009

The applicants complained that they had been made subject to non-derogating control orders as suspected terrorists, but that the failure to inform them of the allegations or evidence against them was unfair and infringed their human rights. The material was withheld in the interests of national security. Held: The failure to supply the defendants with … Continue reading Secretary of State for the Home Department v AF AN and AE (No 3): HL 10 Jun 2009

Ince Gordon Dadds Llp and Others v J Tunstall and Others: EAT 19 Jun 2019

Practice and Procedure – Stay – Paragraph 43(6) Schedule B1 Insolvency Act 1986 The Claimant had commenced Employment Tribunal (‘ET’) proceedings against eight Respondents. Subsequently, the first two Respondents (one of which had been the Claimant’s employer) went into administration and a stay was imposed on the proceedings under paragraph 43(6) Schedule B1 Insolvency Act … Continue reading Ince Gordon Dadds Llp and Others v J Tunstall and Others: EAT 19 Jun 2019

Balfour Beatty Power Networks Ltd and Another v Wilcox and others: CA 20 Jul 2006

Rule 30(6) of the 2004 Rules, which requires sufficient reasons, is intended to be a guide and not a straitjacket so that if it can be reasonably spelled out from a determination that what the rule requires has been provided by the Tribunal, then no error of law will have been committed. Judges: Buxton LJ, … Continue reading Balfour Beatty Power Networks Ltd and Another v Wilcox and others: CA 20 Jul 2006

Dafiaghor-Olomu v Community Integrated Care: EAT 1 Jun 2022

Unfair Dismissal, Practice and Procedure – The EAT considered the meaning of s. 124(5) of the Employment Rights Act 1996 and concluded that payments to account should be deducted from the overall award before the applying the statutory cap even if that meant that the employer did not get any benefit from payments to account. … Continue reading Dafiaghor-Olomu v Community Integrated Care: EAT 1 Jun 2022

Campbell v British Airways Plc: EAT 13 Nov 2018

UNLAWFUL DEDUCTION FROM WAGES PRACTICE AND PROCEDURE – Reasons CONTRACT OF EMPLOYMENT – Construction of Terms The claimant raised a claim alleging unlawful deduction of wages. In response, the respondent raised issues of whether the relevant term of a collective agreement was still in force (and so incorporated into the current contract) and even if … Continue reading Campbell v British Airways Plc: EAT 13 Nov 2018

Sarnoff v YZ: CA 15 Jan 2021

Whether the Employment Tribunal had power to make an order for disclosure against a party who was not in Great Britain. Judges: Lord Justice Underhill Citations: [2021] EWCA Civ 26 Links: Bailii Statutes: Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 Jurisdiction: England and Wales Employment Updated: 27 June 2022; Ref: scu.657297

Goldman Sachs Services Ltd v Montali: EAT 19 Oct 2001

EAT This interlocutory appeal raises a point of general importance regarding Employment Tribunal practice where one Tribunal revisits and varies or alters an interlocutory order or direction made by an earlier Tribunal. We use the expression Tribunal to include a Chairman properly sitting alone.’ Held: Although it was open to an Employment Tribunal to make … Continue reading Goldman Sachs Services Ltd v Montali: EAT 19 Oct 2001

Stolzenberg and others v CIBC Mellon Trust Co Ltd and others: CA 30 Jun 2004

The court considered the issue of the use of a strike out as a sanction for non-compliance with a court order. Held: The approach of the court in a case considering relief for sanctions – exemplified by RC Residuals v Linton Fuel was bound to be different from that in Arrow Nominees v Blackledge, as … Continue reading Stolzenberg and others v CIBC Mellon Trust Co Ltd and others: CA 30 Jun 2004

Price v Price (Trading As Poppyland Headware): CA 26 Jun 2003

The claimant sought damages from his wife for personal injuries. He had been late beginning the claim, and it was served without particulars. He then failed to serve the particulars within 14 days. Totty and then Sayers had clarified the procedure for applications for extension of time. Held: The lower courts had failed to apply … Continue reading Price v Price (Trading As Poppyland Headware): CA 26 Jun 2003

Vento v The Chief Constable of West Yorkshire Police (No 2): CA 20 Dec 2002

The claimant had been awarded damages for sex discrimination, including a sum of andpound;25,000 for injury to feelings. The respondent appealed. Held: The Court of Appeal looked to see whether there had been an error of law in the employment tribunal decision. It did not look to see whether the Employment Appeal Tribunal had erred … Continue reading Vento v The Chief Constable of West Yorkshire Police (No 2): CA 20 Dec 2002

Effa v Alexandra Healthcare NHS Trust: CA 5 Nov 1999

The tribunal’s decision was found to have confused unreasonable treatment with discriminatory treatment. ‘It is common ground that an error in law is made by a tribunal if it finds less favourable treatment on racial grounds where there is no evidence or material from which it can properly make such in inference. See North West … Continue reading Effa v Alexandra Healthcare NHS Trust: CA 5 Nov 1999

Royal Mail Group Ltd v Jhuti: SC 27 Nov 2019

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

Cartiers Superfoods Ltd v Laws: EAT 1978

The EAT considered whether the claimant had acted frivolously under the Rules which referred to awarding costs where a party had acted frivolously or vexatiously, and the Employment Appeal Tribunal took account of pre-proceedings conduct. Held: For a costs order to be made against a party in an employment claim, it would seem that the … Continue reading Cartiers Superfoods Ltd v Laws: EAT 1978

Office Equipment Systems Ltd v Hughes: CA 1 Aug 2018

The case had been decide on the basis of the papers after the employer had failed to submit a response. It now appealed against a refusal to allow them to be heard as to the assessment of damages. Held: The appeal succeeded. The tribunal should apply the practice which apply in standard civil claims. Judges: … Continue reading Office Equipment Systems Ltd v Hughes: CA 1 Aug 2018

Royal Mail Group Ltd v Jhuti: EAT 19 Mar 2018

Practice and Procedure The appeal and cross-appeal challenge (i) whether the detriment claims are in time in circumstances where the grievance detriment claim failed; and (ii) whether the grievance detriment claim was wrongly rejected on the basis of too narrow an approach to the list of issues agreed in the case. Both appeal and cross-appeal … Continue reading Royal Mail Group Ltd v Jhuti: EAT 19 Mar 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

Oni v Unison Trade Union: EAT 5 Feb 2018

CONTRACT OF EMPLOYMENT PRACTICE AND PROCEDURE In 2009 the Claimant/Appellant presented complaints of unfair dismissal, race discrimination and victimisation against her former employers (the Trust). The claims were dismissed in February 2011. In March 2011 she presented claims against the Respondent Unison, her former union, alleging race victimisation and detrimental treatment by its representative in … Continue reading Oni v Unison Trade Union: EAT 5 Feb 2018

Farmah v Birmingham City Council (1): EAT 20 Jun 2017

EAT PRACTICE AND PROCEDURE – Striking-out/dismissal Procedure – Rule 9 of the Tribunal Procedure Rules 2013 – Equal Pay Claims – Inclusion of Claims by Two or More Claimants On the Same Claim Form – Whether Irregular – Whether Discretion to Strike out – Whether Appropriate to Exercise Discretion to Strike Out Claims or Waive … Continue reading Farmah v Birmingham City Council (1): EAT 20 Jun 2017

Farmah v Birmingham City Council (2): EAT 20 Jun 2017

Procedure – Rule 9 of the Tribunal Procedure Rules 2013 – Equal Pay Claims – Inclusion of Claims by Two or More Claimants On the Same Claim Form – Whether Irregular – Whether Discretion to Strike out – Whether Appropriate to Exercise Discretion to Strike Out Claims or Waive Any Irregularity These five appeals concerned … Continue reading Farmah v Birmingham City Council (2): EAT 20 Jun 2017

Tree v South East Coastal Ambulance Service NHS Foundation Trust: EAT 4 Jul 2017

EAT PRACTICE AND PROCEDURE – Imposition of deposit Deposit Order – Rule 39 Employment Tribunal Rules 2013 The Claimant had pursued claims of disability discrimination under sections 13 (direct discrimination) and 15 (discrimination because of something arising in consequence of disability) Equality Act 2010 (‘EqA’). At a Preliminary Hearing listed to determine time limit issues, … Continue reading Tree v South East Coastal Ambulance Service NHS Foundation Trust: EAT 4 Jul 2017

Jones v The Secretary of State for Business Innovation and Skills: EAT 29 Jun 2017

EAT PRACTICE AND PROCEDURE – Bias, misconduct and procedural irregularity Rule 60, read with Rules 1(3), 32 and 92 of the procedural rules applying in Employment Tribunals (in Schedule 1 to the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013) did not, at least in this case, justify the Tribunal not sending a witness … Continue reading Jones v The Secretary of State for Business Innovation and Skills: EAT 29 Jun 2017

Swissport Ltd v Exley and Others (Transfer of Undertakings): EAT 13 Jun 2017

EAT TRANSFER OF UNDERTAKINGS – Economic technical or organisational reason PRACTICE AND PROCEDURE – Costs UNFAIR DISMISSAL – Polkey deduction The Respondent resisted claims for unfair dismissal following the loss of a ground handling contract at an airport. Grounds of resistance to ‘ordinary’ unfair dismissal claims were struck out. Economic technical or organisational (‘ETO’) and … Continue reading Swissport Ltd v Exley and Others (Transfer of Undertakings): EAT 13 Jun 2017

Campbell v OCS Group UK Ltd and Another: EAT 11 Apr 2017

Practice and Procedure : Withdrawal – Where a claimant withdraws a claim, it comes to an end and cannot be revived (Rule 51 of the 2013 Rules). A tribunal must issue a dismissal Judgment following withdrawal unless either of the exceptions in Rule 52 apply. Tribunals are not under a mandatory obligation to invite representations … Continue reading Campbell v OCS Group UK Ltd and Another: EAT 11 Apr 2017

Abaya v Leeds Teaching Hospital NHS Trust: EAT 1 Mar 2017

EAT Practice and Procedure : Costs The Appellant brought claims in the Employment Tribunal for constructive unfair dismissal, racial discrimination and victimisation. The Employment Tribunal dismissed all the claims. The Respondent applied for its costs. The Employment Tribunal found that the unfair dismissal claim had not been one that had no reasonable prospect of success. … Continue reading Abaya v Leeds Teaching Hospital NHS Trust: EAT 1 Mar 2017

Assicurazioni Generali Spa v Arab Insurance Group (BSC): CA 13 Nov 2002

Rehearing/Review – Little Difference on Appeal The appellant asked the Court to reverse a decision on the facts reached in the lower court. Held: The appeal failed (Majority decision). The court’s approach should be the same whether the case was dealt with as a rehearing or as a review. Tanfern was limited to appeals from … Continue reading Assicurazioni Generali Spa v Arab Insurance Group (BSC): CA 13 Nov 2002

AXA General Insurance Ltd and Others v Lord Advocate and Others: SC 12 Oct 2011

Standing to Claim under A1P1 ECHR The appellants had written employers’ liability insurance policies. They appealed against rejection of their challenge to the 2009 Act which provided that asymptomatic pleural plaques, pleural thickening and asbestosis should constitute actionable harm for the purposes of an action of damages for personal injury. Held: The insurers’ appeals failed. … Continue reading AXA General Insurance Ltd and Others v Lord Advocate and Others: SC 12 Oct 2011

Office Equipment Systems Ltd v Hughes: EAT 22 Dec 2016

EAT PRACTICE AND PROCEDURE – Appearance/response PRACTICE AND PROCEDURE – Case management PRACTICE AND PROCEDURE – Appellate jurisdiction/reasons/Burns-Barke Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013, Schedule 1, Rules 20 and 21 – Employment Tribunal refusing to allow the Respondent’s application for an extension of time to lodge its response to the ET claim … Continue reading Office Equipment Systems Ltd v Hughes: EAT 22 Dec 2016

Baisley v South Lanarkshire Council: EAT 12 Jul 2016

Practice and Procedure – JURISDICTIONAL POINTS Claim in time ; extension of time : reasonable practicability The claimant’s solicitors lodged a first claim timeously but their accompanying fee remission application was rejected and a notice sent requiring payment or an appeal against the rejection by a certain date. An attempt to send, by facsimile transmission, … Continue reading Baisley v South Lanarkshire Council: EAT 12 Jul 2016

Pugh v RT Electrics Ltd: EAT 6 Sep 2016

EAT Practice and Procedure : Estoppel or Abuse of Process PRACTICE AND PROCEDURE – Review The Claimant had brought a number of claims against his employer, the Respondent. A Preliminary Hearing had been fixed to determine all issues of time bar raised by the Respondent. An Employment Tribunal decided that one of the claims (Claim … Continue reading Pugh v RT Electrics Ltd: EAT 6 Sep 2016

Hunter v Chief Constable of the West Midlands Police: HL 19 Nov 1981

No collateral attack on Jury findigs. An attempt was made to open up in a civil action, allegations of assaults by the police prior to the making of confessions which had been disposed of in a voir dire in the course of a criminal trial. The plaintiffs had imprisoned having spent many years after conviction … Continue reading Hunter v Chief Constable of the West Midlands Police: HL 19 Nov 1981

Arnold v National Westminster Bank Plc: HL 1991

Tenants invited the court to construe the terms of a rent review provision in the sub-underlease under which they held premises. The provision had been construed in a sense adverse to them in earlier proceedings before Walton J, but they had been unable to challenge his decision on appeal. Later cases threw doubt on his … Continue reading Arnold v National Westminster Bank Plc: HL 1991

IG Index Ltd v Cloete: CA 31 Jul 2014

In the course of unfair dismissal proceedings, the defendant had disclosed possession of confidential materials of his former employer. The employer began these proceedings based on the materials. Only at a later point when he appointed solicitors was a challenge to made to that use as contempt. The company now appealed against the strike out … Continue reading IG Index Ltd v Cloete: CA 31 Jul 2014

Vairea v Reed Business Information Ltd: EAT 3 Jun 2016

EAT Practice and Procedure: Appellate Jurisdiction/Reasons/Burns-Barke – UNFAIR DISMISSAL – Constructive dismissal Reasons The simplification of the wording of the Rule relating to the content of the Reasons (i.e. the change from Rule 30(6) of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004 to Rule 62(5) of the Employment Tribunals (Constitution and Rules … Continue reading Vairea v Reed Business Information Ltd: EAT 3 Jun 2016

Prudential Assurance Company Ltd v Revenue and Customs: SC 25 Jul 2018

PAC sought to recover excess advance corporation tax paid under a UK system contrary to EU law. It was now agreed that some was repayable but now the quantum. Five issues separated the parties. Issue I: does EU law require the tax credit to be set by reference to the overseas tax actually paid, as … Continue reading Prudential Assurance Company Ltd v Revenue and Customs: SC 25 Jul 2018

The Practice Surgeries Ltd v Surrey Primary Care Trust (Now Secretary of State for Health): EAT 26 Feb 2016

EAT PRACTICE AND PROCEDURE – Withdrawal PRACTICE AND PROCEDURE – Review In 2011 the Claimant withdrew his claim before the Employment Tribunal. As was required by the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004, within the time limit for doing so the Respondents applied for the claim to be dismissed. After a further … Continue reading The Practice Surgeries Ltd v Surrey Primary Care Trust (Now Secretary of State for Health): EAT 26 Feb 2016

Science Warehouse Ltd v Mills: EAT 9 Oct 2015

EAT Practice and Procedure : Amendment – Amendment of an ET claim to add a new cause of action – ACAS Early Conciliation (Section 18A Employment Tribunals Act 1996 (as amended)) At a Preliminary Hearing, the Claimant applied to amend to add a new claim (victimisation), which post-dated the ET1. The Respondent objected solely on … Continue reading Science Warehouse Ltd v Mills: EAT 9 Oct 2015

Duhoe v Support Services Group Ltd: EAT 13 Aug 2015

EAT Practice and Procedure : Appellate Jurisdiction/Reasons/Burns-Barke Costs The Employment Judge did not give Meek-compliant Reasons in respect of her decision not to uplift any part of her award under section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992. The Employment Judge omitted to decide an application for costs made by the … Continue reading Duhoe v Support Services Group Ltd: EAT 13 Aug 2015

Aslam v Travelex UK Ltd: EAT 12 May 2015

EAT Practice and Procedure: Review – Rule 40(5) of the Employment Tribunal Rules 2013 – refusal of application for re-instatement of a claim following failure to pay fee or submit fee remission application. Held: the Employment Judge gave sufficient reasons for her decision, and her decision was not perverse or tainted by any legal error. … Continue reading Aslam v Travelex UK Ltd: EAT 12 May 2015

Shamoon v Chief Constable of the Royal Ulster Constabulary: HL 27 Feb 2003

The applicant was a chief inspector of police. She had been prevented from carrying out appraisals of other senior staff, and complained of sex discrimination. Held: The claimant’s appeal failed. The tribunal had taken a two stage approach. It had asked first whether there had been less favourable treatment, and then asked why there had … Continue reading Shamoon v Chief Constable of the Royal Ulster Constabulary: HL 27 Feb 2003

Unison, Regina (on The Application of) v Lord Chancellor: SC 26 Jul 2017

The union appellant challenged the validity of the imposition of fees on those seeking to lay complaints in the Employment Tribunal system. Held: The appeal succeeded. The fees were discriminatory and restricted access to justice. The consequence of the order had been very substantially to reduce the number of cases coming before the tribunal, and: … Continue reading Unison, Regina (on The Application of) v Lord Chancellor: SC 26 Jul 2017

Gondalia v Tesco Stores Ltd (Unfair Dismissal : Reasonableness of Dismissal): EAT 20 Jan 2015

EAT UNFAIR DISMISSAL – Reasonableness of dismissal PRACTICE AND PROCEDURE – Appellate jurisdiction/reasons/Burns-Barke PRACTICE AND PROCEDURE – Review Dishonesty The concept of subjective dishonesty did not mean that the Employment Judge was bound to consider the approach taken in John Lewis plc v Coyne [2001] IRLR 139, which stated that, where an issue arose as … Continue reading Gondalia v Tesco Stores Ltd (Unfair Dismissal : Reasonableness of Dismissal): EAT 20 Jan 2015

Carroll v The Mayor’s Office for Policing and Crime: EAT 9 Feb 2015

EAT Practice and Procedure : Transfer/Hearing Together – Time for appealing Appeal from Registrar: the time limited by rule 3(3) of the Employment Appeal Tribunal Rules 1993 (‘the EAT Rules’) for serving the documents necessary for the proper institution of an appeal, as provided for by rule 3(3)(1)(a)-(c) of the EAT Rules, started to run … Continue reading Carroll v The Mayor’s Office for Policing and Crime: EAT 9 Feb 2015

Flint v Coventry University: EAT 9 Sep 2014

EAT Practice and Procedure : Costs – Employment Tribunal award of costs Employment Tribunal (Constitution and Rules of Procedure) Regulations 2004 Schedule 1 rr.38-42 Pursuant to r.41(2), the means of the paying party might be taken into account in considering (1) whether to make an award of costs; and/or (2) as to how much should … Continue reading Flint v Coventry University: EAT 9 Sep 2014

Costain Ltd v Armitage: EAT 2 Jul 2014

EAT Transfer of Undertakings : Transfer – PRACTICE AND PROCEDURE Appellate jurisdiction/reasons/Burns-Barke Costs Transfer of Undertakings (Protection of Employment) Regulations 2006 – interplay between reg 3(3)(a)(i) ‘organised grouping of employees’ and question of assignment for purposes reg 4 TUPE Service provision change of purpose of reg 3(1)(b) having been conceded, the Employment Judge was required … Continue reading Costain Ltd v Armitage: EAT 2 Jul 2014

John v Rees and Others; Martin and Another v Davis and Others: ChD 1969

The Court was asked as to the validity of proceedings at a meeting of the members of the local Labour Party which had broken up in disorder. The proceedings were instituted by the leader of one faction on behalf of himself and all other members of the local Labour party other than the three individual … Continue reading John v Rees and Others; Martin and Another v Davis and Others: ChD 1969

Dass v The College of Haringey Enfield and North East London and Another: EAT 20 Jun 2014

EAT Equal Pay Act : Part-Time Pensions – PRACTICE AND PROCEDURE – Amendment – The Claimant applied to the Employment Appeal Tribunal for leave to amend his Notice of Appeal. The Claimant seeks retrospective admission to the Teachers Pension Scheme for periods of part-time employment. At a preliminary hearing, HH Judge David Richardson gave the … Continue reading Dass v The College of Haringey Enfield and North East London and Another: EAT 20 Jun 2014

Papajak v Intellego Group Ltd and Others: EAT 3 Jun 2014

EAT Practice and Procedure : Case Management – Bias, misconduct and procedural irregularity Review The Claimant brought proceedings which were vigorously contested. She sought to establish that she had suffered an unfair (constructive) dismissal. The hearing was fixed over two days. On the first day the Claimant unsuccessfully sought an adjournment. The Employment Tribunal read … Continue reading Papajak v Intellego Group Ltd and Others: EAT 3 Jun 2014

Riley v The Crown Prosecution Service: EAT 13 Jun 2012

EAT PRACTICE AND PROCEDURE – Striking-out/dismissalThe Employment Judge did not err, whether as a matter of law or as a matter of the exercise of his case management powers, in the circumstances and on the medical evidence, in striking out this claim, pursuant to Rule 18(7)(f) of the ET Rules 2004, on the ground that … Continue reading Riley v The Crown Prosecution Service: EAT 13 Jun 2012

Stott (Procurator Fiscal, Dunfermline) and Another v Brown: PC 5 Dec 2000

The system under which the registered keeper of a vehicle was obliged to identify herself as the driver, and such admission was to be used subsequently as evidence against her on a charge of driving with excess alcohol, was not a breach of her right to a fair trial. The right not to give evidence … Continue reading Stott (Procurator Fiscal, Dunfermline) and Another v Brown: PC 5 Dec 2000