Though the 1971 Act made no reference to it, nonetheless there could be an unfair dismissal deriving from a constructive dismissal. An argument that the converse interpretation should be adopted because earlier legislation (the 1965 Act) had defined dismissal expressly so as to include constructive dismissal was roundly rejected: ‘That comparison points, it is said, … Continue reading Sutcliffe v Hawker Siddley Aviation Limited: NIRC 1973
Several of the company’s employees had been given transport to work as part of their contract. After redundancies, the remaining number of employees so entitled made the service uneconomic, and the company withdrew it. The seven appellants had to leave being unable to get to work. They were replaced by the equal number of men … Continue reading Chapman v Goonvean and Rostowrack China Clay Co Ltd: CA 16 Apr 1973
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(National Industrial Relations Court) Mrs Walker was a school cook, who was told that her services were no longer required. She was invited to resign, and did so. The court was asked to decide whether she had resigned or been dismissed. Held: She had been dismissed. Brightman J said: ‘In our judgment, if an employee … Continue reading East Sussex County Council v Walker: 1972
The court considered whether the employee had been given a notice falling within the Act so as to give rise to a redundancy. Held: Widgery J said: ‘there are certain formalities about the type of notice necessary to determine a contract of employment. The notice may be a peremptory notice, sometimes referred to as a … Continue reading Morton Sundour Fabrics v Shaw: QBD 1966
Appeal against a decision of an industrial tribunal determining that the applicant before the tribunal was entitled to a redundancy payment under the Redundancy Payments Act, 1965. Judges: Lord Widgery CJ, Bridge J, Shaw J Citations: [1971] EWHC QB 1, [1973] ITR 43 Links: Bailii Statutes: Redundancy Payments Act, 1965 Jurisdiction: England and Wales Employment … Continue reading Parkes Classic Confectionery Ltd v Ashcroft: QBD 7 Oct 1971
The employer announced the closure of two factories and the redundancy of the workforce, at one factory in 15 days’ time and, at the other, in 63 days’ time. There was no consultation. The employer appealed a 60 day protective award. Held: (Majority) Appeal allowed in part. The ET were misled into thinking that the … Continue reading Talke Fashions Ltd v Society of Textile Workers: EAT 1978
In the case of a fixed term contract which expired and had not been renewed: ‘Why was not the employee’s contract renewed?’ If the answer was, in the case of a teacher, that there was no more work for him to do and the requirements of the school or college for teachers or lecturers had … Continue reading Nottinghamshire County Council v Lee: CA 1980
The court considered the meaning of the word ‘refer’ in the section. Held: Words such as ‘deliver’ or ‘present’ ordinarily require that the transfer shall be completed. Words like ‘send’ or ‘despatch’ do not. The argument on the word ‘referred’, suggest that its meaning is imprecise, and that it is much coloured, as meaning either … Continue reading Nash v Ryan Plant International Limited: 1977
PI Damages not Reduced for Own Pension The plaintiff policeman was disabled by the negligence of the defendant and received a disablement pension. Part had been contributed by himself and part by his employer. Held: The plaintiff’s appeal succeeded. Damages for personal injury were not to be reduced by deducting the full net value of … Continue reading Parry v Cleaver: HL 5 Feb 1969
The plaintiff firm of solicitors sought to recover money which had been stolen from them by a partner, and then gambled away with the defendant. He had purchased their gaming chips, and the plaintiff argued that these, being gambling debts, were worthless, and that therefore no consideration had been given. Held: The casino’s defence succeeded. … Continue reading Lipkin Gorman (a Firm) v Karpnale Ltd: HL 6 Jun 1991
Appeal by employers against a decision awarding the respondent, a redundancy payment. The question was whether, as the Tribunal found, the dismissal was by reason of redundancy. The appellants deal in chemists sundries and veterinary supplies, and the respondent had been employed by them for some 20 years, originally as a driver warehouseman, and ultimately … Continue reading W. Gimber and Sons Ltd v Spurrett: QBD 7 Mar 1967
The claimants appealed against rejection of their claims for redundancy. It had been part of their employment contract that they were collected and transported to work. After other employees were dismissed for redundancy, the transport service became uneconomic, and the employer withdrew it. The claimants were then unable to attend work, and were replaced by … Continue reading Chapman v Goonvean and Rostowrack China Clay Co Ltd: NIRC 9 Nov 1972
The company decided to make redundancies. The applicants, all selected, had worked in more than one section of the plant. All employees worked under the same contract, but employees were chosen only from the one section. The complainants said that the entire workforce should have been considered. Held: Under the Order it was for the … Continue reading Murray and Another v Foyle Meats Ltd (Northern Ireland): HL 8 Jul 1999
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The plaintiffs were junior doctors employed by the respondents. Their terms had been collectively negotiated, and incorporated the Regulations. During the period of their employment different regulations had given and then taken way their right to . .
