Citations:  UKEAT 1058 – 95 – 1712 Links: Bailii Citing: Cited – Meek v City of Birmingham District Council CA 18-Feb-1987 Employment Tribunals to Provide Sufficient ReasonsTribunals, when giving their decisions, are required to do no more than to make clear their findings of fact and to answer any question of law raised. Bingham … Continue reading Del Grosso v Tom Cobleigh Plc: EAT 17 Dec 1996
Appeal against rejection of sex harassment and discrimination claim. She said that the tribunal had given no clear inication that her allegations were either accepted or rejected. Held: The decision adequately clarified that the tribunal had rejected the claimant’s evidence, and this concclusion was capable of being drawn from the evidence and circumstances. The appeal … Continue reading Bennett v Sergio Gambi and others: EAT 14 May 1996
The Industrial Tribunal only has jurisdiction to consider and rule upon the act or acts of which complaint is made to it. The questions on a complaint of race discrimination are: (a) Did the act complained of actually occur? (b) If the act complained of occurred in time, was there a difference in race involving … Continue reading Qureshi v Victoria University of Manchester: EAT 21 Jun 1996
EAT Contract of Employment – Breach of ContractThe appellant had owned a company. She sold the shares to the second respondent in return for a position as a director. After dismissal she appealed several findings. Held: The tribunal deciding an issue as to jurisdiction had pre-empted the job of the tribunal of making findings as … Continue reading Hinkley v Ashtons Manufacturing Ltd, Thomas A Ashton Ltd P Crook: EAT 18 Mar 2002
The Chairman of a tribunal may always hear questions as to matters of jurisdiction alone. Citations: Times 06-Nov-1996,  IRLR 4 Statutes: Industrial Tribunals Act 1996 4(6) Citing: Disapproved – Mobbs v Nuclear Electric Ltd EAT 8-Aug-1996 An IT Chair should not sit alone at preliminary hearing if evidence is to be given. . . … Continue reading Tsangacos v Amalgamated Chemicals Ltd and Another: EAT 6 Nov 1996
Industrial Tribunals should state facts as found and relied on, when making finding of dismissal for trade union membership. Citations: Times 22-Mar-1996 Statutes: Trade Union and Labour Relations (Consolidation) Act 1992 152(1)(a) Employment Updated: 10 April 2022; Ref: scu.89450
Awards of damages for race discrimination were proper against both the employer, and an individual racist employee. 28k was not too much. Aggravated damages might be appropriate for direct discrimination where a complainant relied upon malice of conduct as a source of aggravation of hurt to feelings. Smith J reviewed the authorities on compensation for … Continue reading Johnson v HM Prison Service and Others: EAT 31 Dec 1996
PRACTICE AND PROCEDURE – Disposal of appeal including remission The parties agreed that the Claimant’s appeal against a Costs Order made against him in the Employment Tribunal (‘ET’) should be allowed to the extent of deducting the VAT which had wrongly been included in the sum ordered to be paid. In allowing the appeal and … Continue reading Cabezuelo v Stella Travel Serivces Uk Ltd and Another (Practice and Procedure – Disposal of Appeal Including Remission): EAT 17 Oct 2018
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
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
EAT PRACTICE AND PROCEDURE JURISDICTIONAL POINTS A Claimant brought proceedings against a parent company, and properly completed early conciliation procedures in respect of the matter between them. Once proceedings had been issued, the parent company argued that the proper Respondents were four subsidiaries of it. The Claimant successfully applied to amend to substitute those subsidiaries … Continue reading Drake International Systems Ltd and Others v Blue Arrow Ltd (Practice and Procedure): EAT 27 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
 UKEAT 493 – 95 – 2601 Bailii England and Wales Citing: Cited – Meek v City of Birmingham District Council CA 18-Feb-1987 Employment Tribunals to Provide Sufficient ReasonsTribunals, when giving their decisions, are required to do no more than to make clear their findings of fact and to answer any question of law raised. … Continue reading Britannia Building Society v Griffiths: EAT 26 Jan 1996
EAT Practice and Procedure : Amendment – Case management 1. These proceedings involve approximately 1,600 individual claims for unfair dismissal arising out of mass redundancies when the Respondent, ‘Remploy’, closed some 60 plants in 2012 and 2013. 2. The Employment Tribunal had carefully and effectively managed the case on the basis of proceeding with a … Continue reading Remploy Ltd v Abbott and Others (Practice and Procedure : Amendment): EAT 24 Apr 2015
EAT PRACTICE AND PROCEDURE Restricted order reporting Disposal of appeal including remission The Employment Tribunal erred in refusing to extend Restricted Reporting Orders in respect of a Respondent to Employment Tribunal proceedings and a non-party. They failed to carry out the assessment of comparative importance of the Article 8 and Article 10 rights engaged in … Continue reading EF v AB and Others (Practice and Procedure : Restricted Reporting Order): EAT 25 Mar 2015
 UKEAT 65 – 95 – 2005 Bailii England and Wales Citing: Cited – Meek v City of Birmingham District Council CA 18-Feb-1987 Employment Tribunals to Provide Sufficient ReasonsTribunals, when giving their decisions, are required to do no more than to make clear their findings of fact and to answer any question of law raised. … Continue reading Scott v W F Refrigeration Ltd: EAT 20 May 1996
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
The claimant had been summarily dismissed. His application at first made no mention of a complaint that it had related to his trades union activities. He wrote to the secretary seeking amendment of his claim to include a claim that his dismissal was automatically unfair by reason of those activities. By this time the three … Continue reading Selkent Bus Co Ltd v Moore: EAT 2 May 1996
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
Practice and Procedure: Preliminary Issues. The claimant appealed against the dismissal of her claim on the basis that she had not first taken the matter to conciliation through ACAS. He claim was of sexual harrassment and she had an interdict to prevent the employer contacting her. The rule excluding such claims appeared strict, but the … Continue reading Cranwell v Cullen (Practice and Procedure: Preliminary Issues): EAT 20 Mar 2015
The claimant having failed in his claim for unfair dismissal, wanted to claim against the tribunal and appeal tribunal alleging a conspiracy against him. The hearing had been heard in private to which he had objected. He wanted to go straight to the . .
1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts
The claimants appealed dismissal of their claims for unfair dismissal, on the basis that they had been substantially dismissed as sales agents after rejecting conditions imposed unilaterally by their employers. Their damages had been limited to the loss of the consultation period to which they would have been entitled. Held: The appeal failed. The court … Continue reading Gover and others v Propertycare Ltd: CA 28 Mar 2006
EAT Whether a ‘restriction of proceedings order’ under section 33 of the Employment Tribunals Act 1996 should be made against the Respondent. Judges: Rimer J Citations:  UKEAT 0478 – 05 – 1612 Links: Bailii Jurisdiction: England and Wales Employment Updated: 05 July 2022; Ref: scu.238266
EAT Application by the Attorney-General for a Restriction of Proceedings Order pursuant to section 33 of the Employment Tribunals Act 1996 granted. It is not open to the Employment Appeal Tribunal considering an application under section 33 to revisit the conclusions of the judges in the underlying proceedings upon which the application is based. Citations: … Continue reading Attorney General v D’Souza: EAT 19 Jul 2004
Practice and Procedure: Amendment In determining the Applicant’s application to amend his originating application so as to include allegations of post employment victimisation. Is it fatal in such an application that the instances of victimisation (or his knowledge of them) post dates the receipt of the originating application by the Employment Tribunal. Citations:  UKEAT … Continue reading Okugade v Shaw Trust: EAT 11 Aug 2005
The appellant claimed unfair dismissal. The respondent claimed that at the time of the alleged dismissal, her contract had expired by operation of law, it having been frustrated by her long term sickness. Whether it had been frustrated was a question of fact for the tribunal, not the EAT. EAT Unfair Dismissal – Reason for … Continue reading Hogan v Cambridgeshire County Council: EAT 25 Jul 2001
Mrs Bennet was employed by the respondent. She had made complaints of race and sex discrimination. She was then dismissed, and claimed this was victimisation. Part way through the hearing, her representative failed in an application for an adjournment, and said that if he had been white, his application would have been granted. The tribunal … Continue reading Bennett v London Borough of Southwark: CA 21 Feb 2002
Appeal against order of tribunal for adjournment to allow vexatious litigant application against the applicant. Citations:  UKEAT 1311 – 00 – 0606 Links: Bailii Statutes: Employment Tribunals Act 1996 33 Citing: See Also – John Hardie v the City of Edinburgh Council for Judicial Review of A Decision To Remove the Petitioner From the … Continue reading Deman v Association of University Teachers and Another: EAT 6 Jun 2001
Judges: Cox J Citations:  UKEAT 0121 – 04 – 0408 Links: Bailii Jurisdiction: England and Wales Citing: See also – Hyde v Lehman Brothers Limited EAT 22-Mar-2004 EAT Unlawful Deduction from Wages EAT Unlawful Deduction from Wages – (no sub-topic). . . Cited by: Cited – Science Warehouse Ltd v Mills EAT 9-Oct-2015 EAT … Continue reading Hyde v Lehman Brothers Ltd: EAT 4 Aug 2004
EAT Practice and Procedure – Postponement or stay – Application for stay of ET proceedings pending GMC professional misconduct hearing refused. No error of law; if so; stay appropriate. Judges: His Honour Judge Clark Citations: UKEAT/0288/04,  UKEAT 0288 – 04 – 0906 Links: Bailii, EAT Statutes: Employment Tribunal Procedure Regulations 2001 10(2)(d), Employment Tribunals … Continue reading P v West Dorset General Hospital NHS Trust: EAT 9 Jun 2004
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
A chairman of an Industrial Tribunal acting alone had a mandatory obligation to consider whether the decision he was asked to make must be remitted to a full panel. Still, a failure to make such a consideration was an irregularity which did not go as to his jurisdiction to make the decision, and so the … Continue reading The Post Office v Howell: EAT 1 Nov 1999
English and Scottish are Separate Racial Groups The English and Scottish peoples are recognised as separate racial groups. Discrimination on the basis that someone was English or Scottish was therefore discrimination for the purposes of the 1976 Act. Since Parliament had not amended or defined the concept of national origins when passing the 1976 Act, … Continue reading BBC Scotland v Souster: SCS 7 Dec 2000
The notice of appeal was served three days late. The Registrar and Morison J refused to extend time, the judge concluding that the explanation for the delay was honest and full, but not acceptable. Held: Permission to appeal was refused. Sir Christopher Staughton said: ‘I would only add this in relation to the merits. Mummery … Continue reading Aziz v Bethnal Green City Challenge Company Limited: CA 25 May 1999
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
PRACTICE AND PROCEDURE – Appearance/response In circumstances in which an Appellant is to be understood as consenting to an extension of time for lodging a response to the appeal and the Registrar of the EAT making an Order by consent, the Order is to be construed as granting an extension of time only for the … Continue reading The Governing Body of Tywyn Primary School v Aplin: EAT 10 Oct 2018
The applicant was employed by the respondent and sought leave to work for the CAB for a year, requesting a sabbatical. Leave was refused. He applied to the employment tribunal, but objected that the chairman had, in a previous case, indicated his strong dislike of the applicant. The chairman refused to recuse himself. Held: The … Continue reading Lodwick v London Borough of Southwark: EAT 7 Mar 2003
In March 1988 the employers, the bus company, York City and District Travel Limited negotiated an agreement with the trade union varying their employees contracts of employment so as to provide that the employers were entitled to deduct any cash shortages from the wages of staff handling cash. On the 10th June 1988 minutes of … Continue reading York City and District Travel Ltd v Smith: EAT 1990
A body corporate was not an individual capable of protection from publicity in industrial tribunal proceedings in which some sexual misconduct was alleged. Nor is an incorporated body to be considered among the persons affected by such allegations. Citations: Times 23-Mar-1999 Statutes: Employment Tribunals Act 1996 11(6) Employment Updated: 09 April 2022; Ref: scu.83024
EAT Unfair Dismissal : Dismissal : Ambiguous Resignation – PRACTICE AND PROCEDURE – Application/claim – Amendment – Appellate jurisdiction/reasons/Burns-Barke – Unfair dismissal – dismissal – fixed-term employee – Practice and procedure – claim – application to amend – whether raised below – appellate jurisdiction – The Claimant, not legally trained and acting in person (assisted … Continue reading Ministry of Defence v Dixon: EAT 4 Oct 2017
Jurisdictional Points – Early conciliation provisions The Employment Judge erred in law in: (1) Examining the process prior to the grant of an early conciliation certificate in order to assess whether the Claimant was barred from instituting proceedings by section 18A(8) of the Employment Tribunals Act 1996. (2) Holding that it was a mandatory requirement … Continue reading De Mota v ADR Network and Another: EAT 13 Sep 2017
PRACTICE AND PROCEDURE – Application/claim PRACTICE AND PROCEDURE – Preliminary issues PRACTICE AND PROCEDURE – Time for appealing The Employment Judge had erred in law when considering whether an error as to the correct name of the Respondent in an early conciliation certificate was a ‘minor error’ and whether it was not in the interests … Continue reading Chard v Trowbridge Office Cleaning Services Ltd: EAT 4 Jul 2017
EAT Practice and Procedure : Application/Claim – Preliminary issues The early conciliation certificate provisions introduced from 6 April 2014 do not allow for more than one certificate of early conciliation per ‘matter’ to be issued by ACAS. If more than one such certificate is issued, a second or subsequent certificate is outside the statutory scheme … Continue reading HM Revenue and Customs v Garau: EAT 24 Mar 2017
Practice and Procedure – restrictions of proceedings order/vexatious litigant – section 33 of the Employment Tribunals Act 1996 The Respondent had made over 40 claims in the Employment Tribunal over a period of some ten years, all relating to unsuccessful applications for employment. Many of the claims had been withdrawn before they could be determined … Continue reading HM Attorney General v Taheri: EAT 25 Feb 2022
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
EAT Practice and Procedure: Appellate Jurisdiction/Reasons/Burns-Barke – PART TIME WORKERS Jurisdiction – Employment Appeal Tribunal – Appeals by persons not party to the proceedings before the Employment Tribunal Part time workers – discrimination The appeal concerned claims by fee-paid immigration Judges that they were treated less favourably than salaried Judges as fee-paid Judges were paid … Continue reading Martineau and Others v Ministry of Justice: EAT 17 Jun 2015
EAT Practice and Procedure: Restriction of Proceedings Order EAT PRACTICE AND PROCEDURE – Restriction of proceedings order/vexatious litigant Order restricting proceedings where habitual and persistent claims that are vexatious have been made by the Respondent without reasonable grounds. Simler J  UKEAT 0162 – 14 – 1410 Bailii Employment Tribunals Act 1996 33 England and … Continue reading HM Attorney General v Groves: EAT 14 Oct 2014
EAT PRACTICE AND PROCEDURE – Striking-out/dismissal / Review Review of strike-out decision. Employment Tribunal misunderstanding of agreed fact on material to exercise of discretion. EAT allowed appeal and exercised s35(1) Employment Tribunals Act 1996 powers. Application of CPR 3.9(1) factors, so far as material. Strike-out set aside. Remitted to Employment Tribunal for substantive determination. peter … Continue reading Sunley v HMP Durham: EAT 12 Mar 2009
EAT RACE DISCRIMINATION The appeal had proceeded on two grounds: (1) That the Employment Tribunal had failed to deal expressly in its judgment with one identified issue relating to a complaint of race discrimination: that was so but it was also clear that the Claimant had not produced any evidence to support her complaint; the … Continue reading Graham v University College London Hospitals NHS Foundation Trust and Others: EAT 23 Jul 2013
At the outset of a Preliminary Hearing, the ELAAS representative raised concerns as to the Appellant’s litigation capacity. Adjourning the hearing on terms enabling the investigation of that issue, the EAT held that section 30(3) of the Employment Tribunals Act 1996 (‘the ETA’) provides the EAT with the power to regulate its own procedure, subject … Continue reading Stott v Leadec Ltd (Human Rights : Litigation Capacity): EAT 20 Feb 2020
RACE DISCRMINATION VICTIMISATION DISCRIMINATION – Other forms of victimisation PRACTICE AND PROCEDURE – Disposal of appeal including remission The Employment Tribunal erred in failing to decide two of the complaints before them. However, on the unchallenged findings of fact there could have only been one outcome, that the complaints would have been dismissed. This is … Continue reading Bryan v College of North West London (Race Discrmination): EAT 25 Jul 2018
EAT PRACTICE AND PROCEDURE: Restricted reporting orderAfter 12 unsuccessful applications, numerous review applications, all dismissed, and at least 31 appeals, all dismissed or stayed, and substantial and persistent vexatious correspondence, an indefinite Restriction of Proceedings Order made. Burton J  UKEAT 0118 – 09 – 0906 Bailii Employment Tribunals Act 1996 33 England and Wales … Continue reading Attorney General v McCluskey: EAT 9 Jun 2009
EAT Jurisdictional Points : 2002 Act and Pre-Action Requirements – The Claimant complied with the early conciliation requirements of the Employment Tribunals Act 1996 section 18A. The Employment Tribunals (Early Conciliation: Exemptions and Rules of Procedure) Regulations 2014 apply. The Claimant had given ACAS the wrong name for his employer but the current address. When … Continue reading TIC International Ltd v Ali: EAT 22 Mar 2016
Satisfaction of Early Conciliation requirements EAT Practice and Procedure: Preliminary Issues – This appeal raises a question of procedure in relation to the early conciliation provisions introduced by the Enterprise and Regulatory Reform Act 2013, namely whether an early conciliation certificate obtained by a ‘prospective claimant’ can cover future events. The Employment Judge held that … Continue reading Compass Group UK and Ireland Ltd v Morgan: EAT 26 Jul 2016
EAT jurisdiction EAT Practice and Procedure : Application/Claim – The Appellant appealed against the Decision of the Employment Tribunal (‘the ET’) not to reject the Claimant’s claim form under Rule 12(1)(b) of Schedule 1 to the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 (‘the Rules’) and against a later Decision of the ET … Continue reading William Jones’s Schools Foundation v Parry: EAT 2 Aug 2016
EAT Procedural Issues – Employment Tribunal
The former employee sought to enforce in the Employment Tribunal an agreement with their former employers as to the terms on which their employment ended. The . .
The Employment Tribunal did not err in its approach to the question of causation in a protected interest disclosure detriment claim and it correctly applied the burden of proof.
However the contents of a witness statement made in separate . .
A group of employees had brought proceedings which appeared (though there was some ambiguity) to be intended as claims for redundancy payments. More than three months after the effective date of termination they sought to amend to plead alternative . .
The claimant pursued Employment Tribunal proceedings against the Immigration Service when his security clearance was withdrawn. The Tribunal allowed the respondent to use a closed material procedure under which it was provided with evidence unseen . .
EAT Practice and Procedure : Striking-Out or Dismissal – Appellate jurisdiction/reasons/Burns-Barke
Restriction of proceedings order
The Claimant did not attend her dismissal hearing. She presented . .
EAT PRACTICE AND PROCEDURE – Chairman alone
This claim of unfair dismissal for asserting a statutory right was determined, in error by an Employment Judge sitting alone. Section 4 (1) Employment Tribunals . .
EAT Appeals against Employment Tribunals’ decisions upholding the validity of conciliation contracts effected with the assistance of ACAS officers so as to preclude the Claimants from issuing and enforcing equal . .
EAT JURISDICTIONAL POINTS – Worker, employee or neither
The Claimant signed a contract of employment with T.HQ. She thought it was owned by, and the trading name of, D. She had not heard of S Ltd now in . .
EAT Claim struck out on non-compliance with unless order – Tribunal refuses to review.
Held: Judge should have conducted a review hearing – Review conducted by the EAT using powers under section 35 of the . .
Though the Council Directive did not apply to sea-going vessels, the Court held that the crews of such vessels were not excluded from the benefit of the regulations. . .
An order restricting the right of a person to make application to an employment tribunal without the consent of the EAT, was properly made where the behaviour of the respondent in the past had justified it, despite the fact that no proceedings had . .
EAT PRACTICE AND PROCEDURE: Postponement or stay
Employment Tribunal refused to postpone remedy hearing until after appeals by both parties heard at full hearing by the Employment Appeal Tribunal. Material . .
EAT PRACTICE AND PROCEDURE: Restricted reporting order
Restricted Reporting Order relating to allegations of sexual misconduct – Whether Tribunal entitled to vary order in order to permit naming of . .
A claim had been brought alleging discrimination. The parties had been anonymised. An order had been made for only a redacted form of the judgment to be published. The claimant appealed, saying that it should be redacted. . .
EAT PRACTICE AND PROCEDURE: Chairman alone
The employer was debarred from participating in the proceedings for failing to lodge a response in time. The subsequent case was heard before an employment judge . .
The appeal involved a reformulation of arguments run and rejected by the Employment Appeal Tribunal in HMRC v Serra Garau  ICR 1121. Since Garau was not decided per incuriam and is not manifestly wrong, it should be followed: only one . .
EAT Practice and Procedure: Restriction of Proceedings Order/Vexatious Litigant
Litigant had brought forty claims for (mainly) race discrimination against higher education institutions, trade unions and . .
The claimant had been dismissed shortly after becoming unable to work. She sought payment of her normal salary during the period of notice saying this was established good practice. Held: ‘We are put in the invidious position of being bound by a Court of Appeal decision which seems to the majority to conflict with a … Continue reading Langley and Another v Burso: EAT 3 Mar 2006
The worker was employed via an employment agency. The contract the company had was with the agency, and the agency had the contract with the worker. The worker claimed an implied contract of employment with the end-user. Held: The end-user company’s appeal failed. The ET was entitled to hold that Mr Muscat had been an … Continue reading Cable and Wireless Plc v Muscat: CA 9 Mar 2006
EAT Whether an Employment Tribunal took a permissible approach to determining that a dismissal was unfair, in circumstances in which it did not clearly set out the terms of section 98 of the Employment Rights Act 1996. Whether on the facts it substituted its own view of the occurrence and quality of misconduct for that … Continue reading Mars UK Ltd T/A Masterfoods v K Parker: EAT 24 Oct 2005
The chambers appealed a finding of discrimination, saying that a pupil was not a member of the set so as to qualify under the Act. Held: The barristers set or chambers was a trade organisation, but the position of a pupil barrister was not that of a member of that chambers so as to attract … Continue reading 1 Pump Court Chambers v Horton: EAT 2 Dec 2003
The employee had been permitted to work additional hours for another employer. She continued that work during a period of extended sickness, and was dismissed for misconduct. The tribunal held that the involvement of the auditor both in the investigation, and in the decision making process was a breach of natural justice, and the dismissal … Continue reading Perth and Kinross Council v Ann Howard: EAT 4 Sep 2001
In giving their decision, the court reminded tribunals when preparing their judgments, to make sure the reasons were user friendly. Here time had been wasted with confusion about the Roman Numerals used to number the reasons. Judges: Mummery LJ, Chadwick LJ, Tuckey LJ Citations:  EWCA Civ 133, Times 05-Apr-2005,  IRLR 376 Links: Bailii … Continue reading Williams v J Walter Thompson Group Ltd: CA 17 Feb 2005
The employee was found to have been unfairly dismissed. The employer appealed the compensatory award which was based on his depressive illness. They said that the illness predated the dismissal. Held: The EAT’s decision was set aside. In increasing the award, the EAT had misconstrued the representations made by the appellant’s solicitors, but should itself … Continue reading Dignity Funerals Limited v Bruce: OHCS 14 Oct 2004
The claimant had succeeded before the employment tribunal in her claim of race discrimination by the respondent and senior officers. She now appealed the reversal of that judgment. The claimant asked the tribunal to draw inferences of discrimination from her unreasonable treatment. Held: The ability and readiness of a tribunal to infer discriminatory motives from … Continue reading Law Society v Bahl: CA 30 Jul 2004
EAT Practice and Procedure – Employment Tribunal made adverse findings against Respondent when the point had not been put to its 3 witnesses in XX. Remit to new Employment Tribunal. Judges: McMullen QC J Citations:  UKEAT 0109 – 03 – 2807, EATS/0109/03 Links: Bailii, EAT Statutes: Employment Rights Act 1996 99 Jurisdiction: England and … Continue reading Eildon Ltd v Sharkey: EAT 28 Jul 2004
The applicant had been employed to provide services to RAF in the Ascension Islands. He alleged constructive dismissal. There was an issue as to whether somebody working in the Ascension Islands was protected by the 1996 Act. The restriction on jurisdiction in s196 had been removed. The question now was as to what test applied … Continue reading Serco Ltd v Lawson and Foreign and Commonwealth Office: CA 23 Jan 2004
EAT Practice and Procedure – Application. The application had been presented timeously at the ET in Edinburgh, but was out of time when retransmitted to Glasgow. The tribunal had found the Edinburgh office to be an area office, and not a regional office and therefore the application was not accepted within the Regulations. The appellant … Continue reading Matheson v Mazars Solutions Ltd: EAT 16 Dec 2003
News Group Newspapers Ltd had been joined as a party, in order that it could argue the obvious public interest relating to the importance, which has long been accepted in the courts, of the interest, not just of the press but of the public generally, in freedom of reporting and openness in court hearings. Discrimination … Continue reading Chessington World of Adventures Ltd v Reed: EAT 27 Jun 1997
EAT Unfair Dismissal – CompensationIn each case, The employee sought additional damages for non-economic loss after an unfair dismissal. Held: The Act could be compared with the Discrimination Acts which explicitly awarded damages for hurt feelings. Clear authority lay against such awards in unfair dismissal cases. An Employment Tribunal considering a claim for damages for … Continue reading Dunnachie v Kingston Upon Hull City Council; Williams v Southampton Institute; Dawson v Stonham Housing Association: EAT 8 Apr 2003
The complainant was a post office employee. He brought a claim for unfair dismissal, but he posted it at a time when in the normal course of delivery, it would not arrive. He claimed to be unaware of the normal times for delivery. Held: It was for the claimant to establish that his case fell … Continue reading Consignia Plc v Russell Sealy: CA 19 Jun 2002
The claimant challenged refusal of his claim of discrimination. He was profoundly deaf. He applied for work, and indicated his disability, but no provision was made for a signer to appear at the interview. The interview was re-arranged, but he failed. Held: The tribunal gave reasons for finding that the disability had played no part … Continue reading Murphy v Sheffield Hallam University: EAT 11 Jan 2000
The employer appealed against a finding of unlawful deduction of wages. Held: The words ‘any . . emolument’ includes overtime pay, which may be isolated from other contractual terms as to pay. An arrangement under which the employer had tried to defeat a claim for unpaid overtime, by redescribing the basic pay rate failed. The … Continue reading Pendragon Plc v Nota: EAT 18 Mar 2002
The applicant had, in earlier proceedings before the Employment Tribunal, withdrawn issues she had raised. She now sought to pursue them, and the respondent asserted that she was estopped from doing so, and that the matter was res judicata. The chairman, having received a letter withdrawing the case, had entered the decision without hearing from … Continue reading Rothschild Asset Management Limited v Ako: CA 1 Mar 2002
The applicant claimed that the respondent Council had discriminated against her. After complicated applications, leave to appeal was granted on limited grounds, but on appeal the applicant had been allowed to extend that appeal. Held: An appeal tribunal might use its case management powers to allow limited departure from the permitted grounds of appeal, only … Continue reading General Council of the Bar v Miriki: CA 21 Dec 2001
The claimant’s case had come before the Employment Appeal Tribunal. Before the hearing he was asked to sign a consent to the tribunal sitting as chairman and one assessor. She was not told that the assessor would be an employer. When she discovered this she withdrew her consent but the appeal went ahead. Held: The … Continue reading Haney v Brent Mind and another: CA 27 Oct 2003
The place where an employee was employed for the purposes of the employer’s business was to be determined by a consideration of the factual circumstances which obtained until the dismissal. Where an employee had worked in only one location under his contract of employment for the purposes of the employer’s business then it defied common … Continue reading High Table Limited v Horst, Jowett and and Burley: CA 1 Jul 1997
The Court was asked whether a district judge qualifies as a ‘worker’ for the purpose of the protection given to whistle-blowers under Part IVA of the 1996 Act, and if not then was the absence of protection an infringement of her human rights. Held: As an office holder, she was neither employee nor worker, and … Continue reading Gilham v Ministry of Justice: SC 16 Oct 2019
The applicant was a roadsweeper. She complained of disability discrimination, when after becoming unable to walk, her employer after considering her for other posts dismissed her for incapacity. Held: The ability to walk was a part of the irreducible minimum capacity required of the job. The Code of Practice could not be used as an … Continue reading Archibald v Fife Council: IHCS 9 Dec 2003
The applicant was recruited in Saudi Arabia in 1986 as a flight attendant under a contract expressed to be subject to Saudi Arabian law. After being trained in Jeddah, and then employed in India for four years, she was transferred to be based in London, from which all her tours of duty as a flight … Continue reading Carver (Nee Mascarenhas) v Saudi Arabian Airlines: CA 17 Mar 1999
Where the parties to an industrial tribunal application had consented to the matter being dealt with by a chairman sitting alone and disputes of fact looked as if they might arise, the chairman should refer the matter to a full tribunal for hearing. Citations: Times 09-Oct-1998, Times 28-Oct-1998 Statutes: Industrial Tribunals Act 1996 4(5) Jurisdiction: … Continue reading Sogbetun v Hackney London Borough Council: EAT 9 Oct 1998