The respondents supplied stewards and stewardesses to coach companies. The staff were, by agreement with the Inland Revenue self-employed. The wages were alleged to be low, and the issue arose as to whether they were workers within the Act. Certain parts of their duties were as employees. The respondents contended that the arrangements as a … Continue reading National Minimum Wage Compliance Officer of the Inland Revenue v Hewitson and Another (T/A Executive Coach Catering Services): EAT 17 Sep 2001
Statute’s Mischief May be Inspected The House considered limitations upon them in reading statements made in the Houses of Parliament when construing a statute. Held: It is rare that a statute can be properly interpreted without knowing the legislative object. The courts may look outside a statute in order to identify the ‘mischief’ Parliament was … Continue reading Black-Clawson International Ltd v Papierwerke Waldhof Aschaffenburg AG: HL 5 Mar 1975
EAT National Minimum Wage – Lorne Stewart paid for employees to attend courses on condition they signed an agreement to repay all or part of the cost of the course if they left within two years and providing for the money to be deducted from their final salary payment. The deduction of that money led … Continue reading Revenue and Customs v Lorne Stewart Plc (National Minimum Wage): EAT 13 Nov 2014
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The revenue issued a notice requiring the respondent to make good low wages paid to their employees. The EAT had held that such a notice could only apply to current employees. The Revenue appealed. Held: Appeal dismissed. The first part of the regulation stated the preconditions for service of a notice, and talked of workers … Continue reading Bebb Travel plc v Inland Revenue of England and Wales: CA 16 Apr 2003
The respondent issued a notice requiring the applicant to comply with the Act. They appealed an order which refused to provide for payments to former workers. Held: A notice under the Act must relate to present and future workers. For such workers it was possible to make orders for previous periods, but it was not … Continue reading Bebb Travel plc v Inland Revenue of England and Wales: EAT 16 Aug 2002
The appellants contracted through an agent to supply tyres. The respondents contracted not to do certain things, and in case of breach concluded: ‘We agree to pay to the Dunlop Pneumatic Tyre Company, Ltd. the sum of 5 l. for each and every tyre, cover or tube sold or offered in breach of this agreement, … Continue reading Dunlop Pneumatic Tyre Company Ltd v New Garage and Motor Company Ltd: HL 1 Jul 1914
EAT NATIONAL MINIMUM WAGE ACT 1998National Minimum Wage Regulations 1999, Reg. 2(2)Unauthorised deductions from wagesAll three Claimants were foreign domestic workers employed in the Respondents’ households. The EAT held that the work done by each of the three Claimants for their respective employers was work to which regulation 2(2) of the National Minimum Wage Regulations … Continue reading Julio v Jose: EAT 8 Dec 2011
EAT NATIONAL MINIMUM WAGE ACT 1998National Minimum Wage Regulations 1999, Reg. 2(2)Unauthorised deductions from wagesAll three Claimants were foreign domestic workers employed in the Respondents’ households. The EAT held that the work done by each of the three Claimants for their respective employers was work to which regulation 2(2) of the National Minimum Wage Regulations … Continue reading Jose v Julio: EAT 8 Dec 2011
EAT NATIONAL MINIMUM WAGE ACT 1998 National Minimum Wage Regulations 1999, Reg. 2(2) Unauthorised deductions from wages All three Claimants were foreign domestic workers employed in the Respondents’ households. The EAT held that the work done by each of the three Claimants for their respective employers was work to which regulation 2(2) of the National … Continue reading Chamsi-Pasha and Another v Udin and Another: EAT 8 Dec 2011
EAT NATIONAL MINIMUM WAGE ACT 1998 National Minimum Wage Regulations 1999, Reg. 2(2)Unauthorised deductions from wages All three Claimants were foreign domestic workers employed in the Respondents’ households. The EAT held that the work done by each of the three Claimants for their respective employers was work to which regulation 2(2) of the National Minimum … Continue reading Udin v Chamsi-Pasha and Others: EAT 8 Dec 2011
Appeal at the instance of the employee applicant in respect of a finding by the Employment Tribunal confirmed on review that in the relevant circumstances the respondent employer was not in breach of section 1(1) of the National Minimum Wage Act 1998 nor had they made any unlawful deductions from the applicant’s wages in contravention … Continue reading Laird v A K Stoddart Ltd: EAT 18 Jan 2001
The parties disputed whether Mr Smith had been an employee of or worker with the company so as to bring associated rights into play. The contract required the worker to provide an alternate worker to cover if necessary. Held: The company’s appeal failed. Mr Smith was a worker: ‘there were features of the contract which … Continue reading Pimlico Plumbers Ltd and Another v Smith: SC 13 Jun 2018
This is an appeal on preliminary points of European Union and domestic law regarding the circumstances in which damages may be recoverable for failure to comply with the requirements of the Public Procurement Directive (Parliament and Council Directive 2004/18/EC on the coordination of procedures for the award of public works contracts, public supply contracts and … Continue reading Nuclear Decommissioning Authority v Energysolutions EU Ltd (Now Called ATK Energy EU Ltd): SC 11 Apr 2017
DIPLOMATIC IMMUNITY The Claimant was employed by the Respondent diplomat to work as a domestic servant at his diplomatic residence in the UK, having previously been employed by him in his diplomatic household in Saudi Arabia. By her ET1 form she contended that she was a victim of international trafficking by the Respondent and had … Continue reading Basfar v Wong (Diplomatic Immunity): EAT 31 Jan 2020
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
EAT 10BUnlawful Deduction from Wages – out of timeThe alleged ‘deduction’ from wages was in fact an alleged underpayment some time after the termination of the contract of employment. In finding that time for claiming in respect of such deduction ran from the date of termination, the Tribunal fell into error. Time would normally begin … Continue reading Arora v Rockwell Automation Ltd: EAT 21 Apr 2006
(French Text) A 15-year-old girl, had been brought from Togo to France and made to work for a family without pay for 15 hours a day. She had been held in servitude and required to perform forced labour Held: France had violated article 4 by having failed to introduce criminal legislation which would afford effective … Continue reading Siliadin v France: ECHR 26 Jul 2005
Repeated payments of the same type under the same contract, in this case commission, were, on the ordinary meaning of the word, part of a ‘series’ of payments. Citations: [1997] IRLR 398, [1996] UKEAT 521 – 96 – 2609 Links: Bailii Cited by: Cited – Nambalat v Taher and Another EAT 8-Dec-2011 nambalatEAT2011 EAT National … Continue reading Group 4 Nightspeed Ltd v Gilbert: EAT 26 Sep 1996
A contract of apprenticeship is synallagmatic. The master undertakes to educate and train the apprentice (or pupil) in the practical and other skills needed to practise a skilled trade (or learned profession) and the apprentice (or pupil) binds himself to serve and work for the master and comply with all reasonable directions. In the case … Continue reading Edmonds v Lawson, Pardoe, and Del Fabbro: CA 10 Mar 2000
The company appealed against an adverse finding on its holiday pay payments to its pilots, saying that the pay was subject to the 2004 Regulations alone. The Directive suggested that holiday pay should be at normal average rates of pay, but the actual pay excluded bonus rates. The company said that the special regulations applicable … Continue reading British Airways Plc v Williams and Others: CA 3 Apr 2009
The court considered whether tips paid at a restaurant by means of a credit card or cheque thus becoming the employer’s money could properly count toward the minimum wage when paid on to the employee. The revenue contended that the money received and held by the troncmaster independently and not on behalf of the employer … Continue reading Annabel’s (Berkeley Square) Ltd and Others v Revenue and Customs: CA 7 May 2009
Former employees wished to argue that they had been discriminated against whilst employed by the Council. Being out of time for Employment Tribunal Proceedings, they sought to bring their cases in the ordinary courts. The Council now appealed against the refusal to strike out the claims on the basis that they could more conveniently have … Continue reading Birmingham City Council v Abdulla and Others: SC 24 Oct 2012
The claimant had previously succeeded in a claim of sex discrimination against the University, her former employer. She now appealed against rejection of her claims alleging later victimisation. Held: Two appeals succeed, and those matters remitted to the tribunal for reconsideration: ‘I do not see why not: if the appellant were able to establish that … Continue reading Deer v University of Oxford: CA 6 Feb 2015
nambalatEAT2011 EAT National Minimum Wage Act 1998National Minimum Wage Regulations 1999, Reg. 2(2)Unauthorised deductions from wagesAll three Claimants were foreign domestic workers employed in the Respondents’ households. The EAT held that the work done by each of the three Claimants for their respective employers was work to which regulation 2(2) of the National Minimum Wage … Continue reading Nambalat v Taher and Another: EAT 8 Dec 2011
EAT NATIONAL MINIMUM WAGEJudgment on liability was entered without hearing evidence in default for both alternative ways in which the Claimants advanced their claim for wages: at the National Minimum Wage rate alternatively at a higher rate claimed under an alleged contract. A different Employment Judge conducting a hearing on remedy concluded on the evidence … Continue reading Thomas and Another v Taylors of St James Ltd: EAT 2 Jul 2013
The claimant was a solicitor partner with the appellant limited liability partnership at their offices in Tanzania. She disclosed what she believed to be money laundering by a local partner. She was dismissed. She had just disclosed her pregnancy and claimed also in sex discrimination. The company appealed findings as to jurisdiction saying that she … Continue reading Clyde and Co Llp and Another v Bates van Winkelhof: CA 26 Sep 2012
Employment Tribunals to Provide Sufficient Reasons Tribunals, 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 LJ said: ‘It has on a number of occasions been made plain that the decision of an Industrial Tribunal is not … Continue reading Meek v City of Birmingham District Council: CA 18 Feb 1987
The taxpayer challenged the ‘pay first’ rule under VAT which required them, before challenging a VAT assessment, first to deposit the VAT said to be due under the assessment.
Held: The appeal failed. There had not been shown any true . .
EAT Sex discrimination claim by former partners against the partnership and individual partners: direct discrimination (in both cases) and indirect discrimination (in one) found by ET.
(i) ET must, if . .
Extent and consequences of duties of ‘equal treatment’ or ‘fairness’, said to have been owed by the Office of Fair Trading to those subject to investigation under the Competition Act 1998. The respondent had entered negotiations with several parties . .
