The claimant alleged bias on the part of the employment appeal tribunal chairman hearing his appeal. The chairman refused to stand down, saying that he was only one of three tribunal members with an equal vote. The chairman had four year’s previously made adverse comments about the applicant in a case in which he had … Continue reading Lodwick v London Borough of Southwark: CA 18 Mar 2004
EAT National Security – An immigration officer, C employed by the Home Office was suspended, his security clearance withdrawn, and then dismissed, all without any reason being given to him. He claimed it was because of discrimination against him on the grounds of race/religion. Rule 54 (National Security) was held to apply, and C was … Continue reading Kiani v Secretary of State for The Home Department: EAT 21 Nov 2014
EAT PRACTICE AND PROCEDURE – Appellate jurisdiction/reasons/Burns-BarkeAlthough this was a ‘narrative’ judgment sufficient substance could be extracted from the decision to demonstrate compliance with rule 30(6) of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004 SI No. 1861; Balfour Beatty Power Networks Ltd v Wilcox [2006] EWCA Civ 1240, [2007] IRLR 63, Greenwood … Continue reading Sivagnansundarum v Whipps Cross University Hospital NHS Trust: EAT 28 Jun 2011
EAT PRACTICE AND PROCEDURE – Preliminary issuesJURISDICTIONAL POINTS – Claim in time and effective date of terminationEmployment Tribunal declared that it had jurisdiction to consider a claim for unfair dismissal, rejecting arguments that time grounds excluded it. On review, it upheld this decision. A decision was made under rule 28 ET Procedure Rules. A subsequent … Continue reading Kudjodji v Lidl Ltd: EAT 25 May 2011
EAT Sex Discrimination – Inferring DiscriminationThe claimant sought compenstion for sex discrimination. She appealed a finding of a material factor justifying the difference in pay. Held: The new provisions included reference to the Code of Practice issued by the Equal Opportunities Commission, which provided that the employer should provide a transparent system for setting pay … Continue reading Barton v Investec Henderson Crosthwaite Securities Ltd: EAT 6 Mar 2003
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 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
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 : 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
The claimant had been represented at his claim before the employment tribunal by his wife, acting as a lay representative. She asked to be allowed to withdraw the complaint. Without asking her, the complaint was dismissed, and costs awarded against the claimant. He now appealed saying that the tribunal, knowing he was not represented by … Continue reading Drysdale v The Department of Transport (The Maritime and Coastguard Agency): CA 31 Jul 2014
The claimant had submitted a grievance complaining in general terms of the way in which she had been treated by a manager. She did not, however, refer to a particular incident relied on in her pleading as one of the two ‘last straw’ incidents that led to her resignation. The respondent contended that by reason … Continue reading Shergold v Fieldway Medical Centre: EAT 5 Dec 2005
The claimant firm of solicitors sought an order requiring the defendant to amend her employment tribunal claim so as to accord with the partnership agreement to which she was party, and to submit to arbitration. The defendant said that statutory provisions said that her freedom to go to court could not be ousted, and that … Continue reading Clyde and Co Llp and Another v Winkelhof: QBD 22 Mar 2011
The claimant was a former Kenyan minister. He had been visiting the UK for medical treatment. His visas were cancelled on the basis that his presence was not conducive to the public good. Public Interest Immunity certificates had been issued to prevent his seeing some the evidence on which the orders had been made. A … Continue reading Murungaru v Secretary of State for the Home Department and others: CA 12 Sep 2008
outasightEAT201411 EAT Practice and Procedure: Review – Reconsideration – Rule 70 Schedule 1 Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 – fresh evidence – interests of justice Having lost his claim for wrongful dismissal/breach of contract before the Employment Tribunal, the Claimant applied for a reconsideration of that Judgment on the basis that … Continue reading Outasight VB Ltd v Brown: EAT 21 Nov 2014
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 . .
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
Our law-index is a substantial selection from our database. Cases here are restricted in number by date and lack the additional facilities formerly available within lawindexpro. Please do enjoy this free version of the lawindex. Case law does not ‘belong’ to lawyers. Judgments are made up of words which can be read and understood (if … Continue reading law index
