EAT JURISDICTIONAL POINTS – Working outside the jurisdiction WORKING TIME REGULATIONS – Holiday pay The approach to determining whether an employee of British company who works and lives abroad falls within the territorial scope of the Employment Rights Act 1996 section 94(1) has been developed since Lawson v Serco Ltd [2006] ICR 250. The question … Continue reading Dhunna v Creditsights Ltd: EAT 3 Apr 2013
EAT National Minimum Wage Judges: His Hon Judge Birtles Citations: EAT/1097/02, [2003] EAT 1097 – 02 – 0306, [2003] UKEAT 1097 – 02 – 0306 Links: Bailii, Bailii, EAT Statutes: National Minimum Wage Regulations 1999& Jurisdiction: England and Wales Cited by: Reconsidered – MacCartney v Oversley House Management EAT 31-Jan-2006 EAT The Tribunal erred in … Continue reading South Holland District Council v Stamp and 13 others: EAT 14 Apr 2003
What hours does a sleep in care worker have to be paid for. Held: Sleepers-in are to be characterised for the purpose of the Regulations as available for work, within the meaning of regulation 15 (1)/32, rather than actually working, within the meaning of regulation 3/30, and so fall within the terms of the sleep-in … Continue reading Royal Mencap Society v Tomlinson-Blake: CA 13 Jul 2018
The employer appealed against a finding that it should pay former commission agents hioliday pay for the entire period since the coming into force of the Regulations. Judges: Peter Clark J Citations: [2004] UKEAT 0657 – 03 – 1301 Links: Bailii Statutes: Employment Rights Act 1996, Working Time Regulations 1998 Employment Updated: 06 September 2022; … Continue reading Canada Life Ltd v Gray and Another: EAT 13 Jan 2004
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
The claimant was injured working for the defendants on a semi-submersible platform. He fell from a ladder which was not secured properly. He alleged a breach of the Regulations. The defendant denied any breach and asserted that the claimant had contributed to the accident by his negligence. Held: The employee’s appeal succeeded. The aim in … Continue reading Robb v Salamis (M and I) Ltd: HL 13 Dec 2006
A nurse claimed damages after slipping on a patch of water in the nursing home where she worked. The defendant argued that the pipe which had broken was not equipment so as to make it liable. Held: The nurse’s appeal failed. The mere fact of an entirely unexpected and unpredictable flood does not mean that … Continue reading Lewis v Avidan Ltd (T/A High Meadow Nursing Home): CA 13 Apr 2005
ECJ A benefit such as the child-raising allowance, which is automatically granted to persons fulfilling certain objective criteria, without any individual and discretionary assessment of personal needs, and which is intended to meet family expenses, falls within the scope ratione materiae of Community law as a family benefit within the meaning of Article 4(1)(h) of … Continue reading Martinez Sala v Freistaat Bayern: ECJ 12 May 1998
Citations: [1997] EWCA Civ 1013 Jurisdiction: England and Wales Citing: See Also – Fletcher and others and Preston and others v Midland Bank Plc and Wolverhampton Healthcare NHS Trust Secretary of State for Health and others EAT 24-Jun-1996 EAT Equal Pay Act – Addendum to principal judgment. Part timers’ claims for membership of pension schemes … Continue reading Preston and others v Wolverhampton Healthcare Trust Secretary of State for Health: CA 13 Feb 1997
‘Employment’ in context of a sex discrimination claim referred to a current employment contract even in context of there having been a series of repeated contracts of employment. The question was referred to the European Court of Justice. Judges: Lord Slynn of Hadley, Lord Goff of Chieveley Lord Nolan Lord Hope of Craighead Lord Clyde … Continue reading Preston and Others v Wolverhampton Healthcare NHS and Others; Fletcher and Others v Midland Bank Plc: HL 26 Feb 1998
‘This appeal raises a short but important question of law as to whether the Employment Tribunal has the power to make an award of compensation for injury to feelings where there has been a breach of the Working Time Regulations 1998’ Held: It did not. Judges: Kitchin, Sharp, Singh LJJ Citations: [2018] EWCA Civ 418 … Continue reading Gomes v Higher Level Care Ltd: CA 13 Mar 2018
EAT Working Time Regulations – TRADE UNION RIGHTS – Action short of dismissal Working Time Regulations 1998 (‘WTR’) Regulation 2(1)(a) and (c) – ‘working time’ Trade Union and Labour Relations (Consolidation) Act 1992 section 146 – detriment The Employment Tribunal having dismissed the Claimants’ claims of breach of the WTR and of detriment, the following … Continue reading Edwards and Another v Encirc Ltd (Working Time Regulations): EAT 23 Feb 2015
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
EAT Jurisdictional Points : Worker, Employee or Neither – WORKING TIME REGULATIONS – Worker CONTRACT OF EMPLOYMENT – Whether established Employment status. The Claimant lodged a claim of unfair dismissal, age discrimination and a claim for holiday pay. The Respondent denied that he was an employee, arguing that he was a self-employed independent contractor. The … Continue reading Conroy v Scottish Football Association Ltd: EAT 12 Dec 2013
EAT The claimant was employed to work as a standby carpenter by the respondents, for the production of ‘Sea of Souls’, for a period of some 24 weeks. His contract provided that his services would be required for up to 6 days each week and that regarding leave, he was entitled to 6 days of … Continue reading Sumsion v BBC (Scotland): EAT 21 Mar 2007
The claimant had come from France to England, and worked as a teaching assistant. She set out on a course to train as a teacher but became pregnant, gave up the course, and eventually gave up work temporarily. Her claim to Income Support was refused on the basis that she was not a ‘worker’, and … Continue reading Prix v Secretary of State for Work and Pensions: SC 31 Oct 2012
The applicants complained that as an unmarried couple they had been excluded from consideration as adopters. Held: Northern Ireland legislation had not moved in the same way as it had for other jurisdictions within the UK. The greater commitment to traditional family structures did not however justify the difference. The rules were unlawful discrimination.Lord Hoffmann … Continue reading In re P and Others, (Adoption: Unmarried couple) (Northern Ireland); In re G: HL 18 Jun 2008
The claimant had been an ordained minister in the church. She sought to claim unfair dismissal. The Conference replied that she was not an employee entitled to make such a claim. Held: The claimant was an employee. Judges: Maurice Kay VP, Longmore LJJ, Sir David Keene Citations: [2011] EWCA Civ 1581, [2012] 2 WLR 1119, … Continue reading The President of The Methodist Conference v Preston: CA 20 Dec 2011
Conjoined appeals were considered on the issue of whether holiday pay arrangements met the requirements of the Working Time Regulations, where holiday pay was in some was rolled up with normal pay. Held: Five categories were identified. Those were silent as to holiday pay; contracts excluding entitlement; contracts where holiday pay was included within standard … Continue reading Marshalls Clay Products Ltd Pearce Clarke, Sutton, Hoy v Caulfield and others, Huw Howatson Ltd Frank Studdon Ltd, Potting Constuction Ltd, Hanlin Construction: EAT 25 Jun 2003
The court was asked as to the compatibility of provisions in the 1978 Act with the human rights of the appellant. The claimants, Moroccan nationals were employed as domestic staff in embassies in London. They alleged both race discrimination and breach of the 1998 Regulations, saying that the statutory exemption of the Embassies from liability … Continue reading Benkharbouche v Secretary of State for Foreign and Commonwealth Affairs: SC 18 Oct 2017
ECJ The principle that men and women should receive equal pay, which is laid down by article 119, is one of the foundations of the community. It may be relied on before the national courts. These courts have a duty to ensure the protection of the rights which that provision vests in individuals, in particular … Continue reading Defrenne v Sabena (No 2): ECJ 8 Apr 1976
The court was asked as to the calculation of annual leave pay for crew members in civil aviation under the Regulations. The company argued that it was based on the fixed annual remuneration, and the pilots argued that it should include other elements of pay. Held: The position was not acte claire, and the case … Continue reading British Airways Plc v Williams and Others: SC 24 Mar 2010
(Grand Chamber) Several employees claimed that having been absent from work sick, they were entitled to carry forward their unused holiday entitlements, or if a former worker, to pay in lieu under the Working Time directive. Held: The workers were so entitled. The right to holiday was a basic right guaranteed to every worker whatever … Continue reading Stringer and Others v Her Majesty’s Revenue and Customs; Schultz-Hoff v Deutsche Rentenversicherung Bund: ECJ 20 Jan 2009
EAT WORKING TIME REGULATIONS: Worker / Holiday PayMr Victor Jozsa (‘the claimant’) entered into a written agreement dated 1 January 2006 with Premier Groundworks Ltd (‘the respondent’) to provide groundwork services. By Clause 13 of the agreement it was provided that:-‘[the claimant] shall have the right to delegate performance of [ground works] services under this … Continue reading Premier Groundworks Ltd v Jozsa: EAT 17 Mar 2009
ECJ Directive 2003/88/EC working time arrangements Article 7 Right to paid annual leave minimal right of the compensatory leave not taken Fundamental social rights in Community law Loss of entitlement to the expiration of the time prescribed by law Citations: C-350/06, [2008] EUECJ C-350/06 – O Links: Bailii Statutes: Directive 2003/88/EC Cited by: Opinion – … Continue reading Schultz-Hoff v Deutsche Rentenversicherung Bund (Social Policy): ECJ 24 Jan 2008
The appellant appealed a finding that the respondent had been its employee, saying he was a minister of religion. Held: The judge had been entitled to find an intention to create legal relations, and therefore that the claimant was an employee. ‘The religious beliefs of a community may be such that their manifestation does not … Continue reading The New Testament Church of God v Reverend Stewart: CA 19 Oct 2007
EAT PART TIME WORKERSA police officer was found by the Tribunal to be significantly disadvantaged compared with his peers when carrying out examinations for promotion. Nonetheless, the Tribunal held that he was not disabled within the meaning of the Disability Discrimination Act 1995 because that was not a normal day-to-day activity. In so far as … Continue reading Paterson v Commissioner of Police of the Metropolis: EAT 23 Jul 2007
EAT The Tribunal erred in law in holding that the Appellant had received the rest breaks to which she was entitled under reg 12 of the Working Time Regulations 1998. Gallagher v Alpha Catering Services Ltd [2005] IRLR 102 applied.The Tribunal erred in law in holding that the Appellant was not working for the purpose … Continue reading MacCartney v Oversley House Management: EAT 31 Jan 2006
The employers used a system of ‘rolled up’ holiday pay, so that staff received a sum equivalent to holiday pay throughout the year. Held: Such a system was not in accordance with the Working Time Directive. The directive required that there should be a specific payment for a particular period during which a worker took … Continue reading Robinson-Steele v RD Retail Services Ltd; Clarke v Frank Staddon Ltd and similar: ECJ 16 Mar 2006
ECJ Opinion – Directive 97/81/EC – Directive 76/207/EEC – Social policy – Equal treatment as between part-time and full-time workers – Equal treatment as between male and female workers – Working hours and organisation of working-time.A part-time worker was engaged under a framework contract of employment which lasted in the event from October 1998 to … Continue reading Wippel v Peek and Cloppenburg GmbH and Co. KG: ECJ 12 Oct 2004
Mrs Nolan had been employed at a US airbase. When it closed, and she was made redundant, she complained that the appellant had not consulted properly on the redundancies. The US denied that it had responsibility to consult, and now appealed. Held: The appeal failed (Lord Carnworth dissenting). That the exact situation might not have … Continue reading The United States of America v Nolan: SC 21 Oct 2015
The claimant was employed, receiving a basic pay together with commission on sales. After termination of his employment he complained that he should have been paid holiday pay based upon the average total pay rather than the basic pay. Held: The right to holiday pay arose under the Regulations, but the pay was calculated under … Continue reading Evans v Malley Organisation Ltd (t/a First Business Support): CA 27 Nov 2002
The defendant appealed against the strike out of parts of its defence. The claimant was employed as the mosque director and imam. He had brought an action in the Industrial Tribunal alleging wrongful dismissal, but notifying the defendants that any excess above what the tribunal could order would be sought in the current action. That … Continue reading Sajid v Sussex Muslim Society: CA 2 Oct 2001
EAT Working Time Regulations – An appeal by Ms Mitchell, Ms Lynn and Mr Nagulendran, part-time lecturers employed by the Respondent College, against a decision of the London (Central) Employment Tribunal promulgated with extended reasons on 22 March 2002, dismissing their complaints of failure to pay holiday pay contrary to the Working Time Regulations 1998 … Continue reading Mitchell and others v Amersham and Wycombe College: EAT 31 Mar 2003
The claimant Reynolds challenged the differential treatment by age of jobseeker’s allowance. Carson complained that as a foreign resident pensioner, her benefits had not been uprated. The questions in each case were whether the benefit affected a ‘possession’ within the Convention or the discrimination was arbitrary so as to breach the applicants human rights. Held: … Continue reading Carson and Reynolds v Secretary of State for Work and Pensions: CA 17 Jun 2003
The employer and employees disagreed about whether an element of holiday pay had been included in the rate of pay. Held: There had to be an explicit agreement between the parties before this could happen. It was not for one side unilaterally to impose its own understanding of the contract. The regulations referred to ‘contractual’ … Continue reading Gridquest Ltd T/A Select Employment, Piper Group Plc, XR Associates Ltd v K A Blackburn etc: CA 23 Jul 2002
The provisions of the Directive, which excluded from regulation the employment of transport workers, applied to office workers as well as to actual drivers. The phrases used by the Directive in disapplying the Directive to certain employment sectors, made a distinction between those employed in certain industries, and, in other cases, those with certain jobs. … Continue reading Bowden and Others v Tuffnells Parcels Express Ltd: ECJ 4 Oct 2001
A directive limiting the maximum work hours for all employees was validly made under art 118a as a Health and Safety measure. LMA Measures appear initially to have derived from policies of job creation and increased employment. John Major’s government saw the initiatives (together with other provisions as part of Social Chapter) as measures which … Continue reading United Kingdom v Council of the European Union: ECJ 12 Nov 1996
ECJ Social policy – Men and women – Equal pay – Membership of an occupational pension scheme – Part-time workers – Exclusion – National procedural rules – Principle of effectiveness – Principle of equivalence. Citations: [2001] 2 AC 415, C-78/98, [2000] IRLR 06, [2000] EUECJ C-78/98 Links: Bailii Jurisdiction: European Citing: Reference From – Preston … Continue reading Preston and Others v Wolverhampton Healthcare NHS Trust and Others; Fletcher and Others v Midland Bank plc: ECJ 16 May 2000
The rule in United Kingdom law under which the entitlement to be paid annual leave arose only after an employee had been continuously employed for 13 weeks, did not satisfy European law. Members of the applicant trade union were typically employed on short term repeating contracts and did not receive paid annual holidays. The Directive … Continue reading Regina v Secretary of State for Trade and Industry ex parte Broadcasting, Entertainment, Cinematographic and Theatre Union: ECJ 26 Jun 2001
The claimants worked for Rotaprint when it went into receivership in 1988, and then for the receiver before being transferred to Pan Graphics. Statutory redundany payments were made on the receivership of Rotaprint. The claimants sought further redundancy payment on the insolvency of Rotaprint. The Secretary now appealed the decision of the EAT that payments … Continue reading Lassman and Others v Secretary of State for Trade and Industry: CA 19 Apr 2000
A claim had been made for mesothelioma following exposure to asbestos, but the claim arose in Guernsey. Acknowledging the acute difficultis particular to the evidence in such cases, the House of Lords, in Fairchild. had introduced the Special Rule at common law as to such evidence. In the UK, the 2006 Act had amended the … Continue reading Zurich Insurance Plc UK Branch v International Energy Group Ltd: SC 20 May 2015
Former KGB officers had been banned from employment in a range of public and private sector jobs, including as lawyers, notaries, bank employees and in the teaching profession. They complained of infringement of Article 8 taken alone and also in conjunction with Article 14. The Government submitted that Article 8 was not applicable as it … Continue reading Sidabras and Dziautas v Lithuania: ECHR 27 Jul 2004
The respondent appealed against a finding that the provision which made a loan agreement completely invalid for lack of compliance with the 1974 Act was itself invalid under the Human Rights Act since it deprived the respondent lender of its property rights. It was also argued that it was not possible to make a declaration … Continue reading Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2): HL 10 Jul 2003
The applicant had worked as a waitress for the company, working as they requested, and also at her own option. She claimed the right to paid leave under the working time regulations. The tribunal found that she had been continuously employed for 13 weeks. The regulations required that the relationship be governed by a contract … Continue reading Voteforce Associates Ltd v K Quinn: EAT 30 Jul 2001
It was for the defenders to say what steps they had been taken to comply with their obligations under the Regulations, not for an employee complainant to say what should happen. Citations: Times 20-Nov-1997, [1998] SLT 1323 Statutes: Control of Substances Hazardous to Health Regulations 1988 (SI 1988 No 1657) Jurisdiction: Scotland Cited by: Cited … Continue reading Bilton v Fastnet Highlands LTd: OHCS 20 Nov 1997
The claimant appealed after her claim for sex discrimination had failed. She had been dismissed from her position an associate minister of the church. The court had found that it had no jurisdiction, saying that her appointment was not an employment. However the jurisdiction in sex discrimination cases was wider, extending to those who ‘contract … Continue reading Percy v Church of Scotland Board of National Mission: HL 15 Dec 2005
Statutory Duty Not Extended by Common Law The claimant sought damages after a road accident. The driver came over the crest of a hill and hit a bus. The road was not marked with any warning as to the need to slow down. Held: The claim failed. The duty could not be extended to include … Continue reading Gorringe v Calderdale Metropolitan Borough Council: HL 1 Apr 2004
The claimant sought to assert that he as a minister of the Methodist Church who had been received into full connection had a contract of employment with the church. Having that contract, he said hat he had been unfairly dismissed. Held: A binding contract of service might be made between a minister and his church, … Continue reading President of the Methodist Conference v Parfitt: CA 1 Oct 1983
Smartphone App Contractors did so as Workers The court was asked whether the employment tribunal was entitled to find that drivers whose work was arranged through Uber’s smartphone application work for Uber under workers’ contracts and so qualify for the national minimum wage, paid annual leave and other workers’ rights; or whether, as Uber contended, … Continue reading Uber Bv and Others v Aslam and Others: SC 19 Feb 2021
The appellants said they had been had been discriminated against on the grounds of their sex by the TUPE Regulations. Their discrimination cases had been dismissed as out of time. Held: The employees’ appeals were dismissed: ‘A statute cannot speak with two different voices at one and the same time. The rule that section 2(4) … Continue reading Powerhouse Retail Ltd and others v Burroughs and others; Preston and others v Wolverhampton Healthcare NHS Trust and others (No 3): HL 8 Mar 2006
The court was asked whether it was lawful for the Secretary of State to make subordinate legislation imposing a cap on the amount of welfare benefits which can be received by claimants in non-working households, equivalent to the net median earnings of working households. The challenge was under the 1998 Act on the basis that … Continue reading SG and Others, Regina (on The Application of) v Secretary of State for Work and Pensions: SC 18 Mar 2015
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
Widowers claimed that, in denying them benefits which would have been payable to widows, the Secretary of State had acted incompatibly with their rights under article 14 read with article 1 of Protocol 1 and article 8 of the ECHR. Held: The Secretary’s appeal succeeded. Section 6 of the 1998 Act permitted the discrimination as … Continue reading Hooper and Others, Regina (on the Application of) v Secretary of State for Work and Pensions: HL 5 May 2005
Several lone parents challenged the benefits cap, saying that it was discriminatory. Held: (Hale, Kerr LL dissenting) The parents’ appeals failed. The legislation had a clear impact on lone parents and their children. The intention was to encourage claimants back into work. It was said that thus contradicted the other policy of providing no free … Continue reading DA and Others, Regina (on The Application of) v Secretary of State for Work and Pensions: SC 15 May 2019
ECJ Reference for a preliminary ruling: Arbeitsgericht Lorrach – Germany. Social policy – Protection of the health and safety of workers – Directive 93/104/EC – Scope – Emergency workers in attendance in ambulances in the framework of an emergency service run by the German Red Cross – Definition of ‘road transport’ – Maximum weekly working … Continue reading Pfeiffer v Deutsches Rotes Kreuz, Kreisverband Waldshut eV (1): ECJ 5 Oct 2004
A prison policy requiring prisoners not to be present when their property was searched and their mail was examined was unlawful. The policy had been introduced after failures in search procedures where officers had been intimidated by the presence of prisoners. Particularly when examining documents subject to legal professional privilege, the rules did not allow … Continue reading Regina (Daly) v Secretary of State for the Home Department: HL 23 May 2001
Interim Injunctions in Patents Cases The plaintiffs brought proceedings for infringement of their patent. The proceedings were defended. The plaintiffs obtained an interim injunction to prevent the defendants infringing their patent, but they now appealed its discharge by the Court of Appeal. Held: The questions which applied when looking for an interim injunction in patent … Continue reading American Cyanamid Co v Ethicon Ltd: HL 5 Feb 1975
Discrimination – History of interactions relevant When a tribunal considered whether the motive for an act was discriminatory, it should look not just at the act, but should make allowance for earlier acts which might throw more light on the act in question. The Tribunal should assess the totality of the evidence on any material … Continue reading Dr Anya v University of Oxford and Another: CA 22 Mar 2001
The appellant had worked as a part time judge. He now said that he should be entitled to a judicial pension on retirement by means of the Framework Directive. The Regulations disapplied the provisions protecting part time workers for judicial office holders paid on a daily fee-paid basis. Held: The matter required to be referred … Continue reading O’Brien v Ministry of Justice: SC 28 Jul 2010
The appellant had failed in his claim for indirect age discrimination. Approaching retirement, he complained that new conditions allowing advancement to graduates only, discriminated against him since he could not complete a degree before retiring. Held: The appeal succeeded, but the case was remitted to investigate whether the discrimination could be properly justified: ‘Part of … Continue reading Homer v Chief Constable of West Yorkshire Police: SC 25 Apr 2012
Same Sex Partner Entitled to tenancy Succession The protected tenant had died. His same-sex partner sought a statutory inheritance of the tenancy. Held: His appeal succeeded. The Fitzpatrick case referred to the position before the 1998 Act: ‘Discriminatory law undermines the rule of law because it is the antithesis of fairness. It brings the law … Continue reading Ghaidan v Godin-Mendoza: HL 21 Jun 2004
The claimants, airline pilots, and the company disputed the application of the 1998 Regulations to their employment. They sought pay for their annual leave made up of three elements: a proportionate part of the fixed annual sum paid for their services, a supplementary payment which varied according to the time spent flying, and thirdly an … Continue reading British Airways Plc v Williams and Others: SC 17 Oct 2012
Japanese Knotweed escape is nuisance The defendant appealed against an order as to its liability in private nuisance for the escape of Japanese Knotweed from its land onto the land of the claimant neighbours. No physical damage to properties had yet been shown, but the reduction in value which had occurred. Held: The decision of … Continue reading Network Rail Infrastructure Ltd v Williams and Another: CA 3 Jul 2018
The appellants were teachers in Christian schools who said that the blanket ban on corporal punishment interfered with their religious freedom. They saw moderate physical discipline as an essential part of educating children in a Christian manner. Held: The appeal was dismissed. For Article 9 to be engaged (aside from certain other threshold conditions) the … Continue reading Regina v Secretary of State for Education and Employment and others ex parte Williamson and others: HL 24 Feb 2005
The claimant entered the UK as a student coming from Poland. She then worked as a kitchen maid, but having left that job on becoming a mother was refused income support. She later returned to work. She said that the rules which denied her benefit were inconsistent with articles 12 (discrimination on the grounds of … Continue reading Kaczmarek v Secretary of State for Work and Pensions: CA 27 Nov 2008
The deceased worked for the defendants on an oil rig. He was injured by a door closer he was attempting to repair. The defendants denied that the mechanism was equipment within the Regulations. Held: The appeal was allowed. The door closer was apparatus for use at work, though provided by a different company. The Regulations … Continue reading Spencer-Franks v Kellogg Brown and Root Ltd and others: HL 2 Jul 2008
The defendant was convicted for proselytism contrary to Greek law. He claimed a breach of Article 9. Held: To say that Jehovah’s Witness were proselytising criminally was excessive. Punishment for proselytising was unlawful in the circumstances of this case: ‘Bearing witness in words and deeds is bound up with the existence of religious convictions’ and … Continue reading Kokkinakis v Greece: ECHR 25 May 1993
EAT WORKING TIME REGULATIONS: HOLIDAY PAY – DAMAGES FOR BREACH OF CONTRACT – UNLAWFUL DEDUCTION FROM WAGES The EAT held that Article 7 of the Working Time Directive is to be interpreted such that payments for overtime which the employees in two appeals before it were required to work, though which their employer was not … Continue reading Bear Scotland Limited v Fulton, and similar: EAT 4 Nov 2014
Car Cleaning nil-hours Contractors were Workers The company contracted with the claimants to work cleaning cars. The company appealed against a finding that contrary to the explicit provisions of the contracts, they were workers within the Regulations and entitled to holiday pay and associated benefits. The contracts were ‘nil hours’ contracts neither requiring nor entitling … Continue reading Autoclenz Ltd v Belcher and Others: SC 27 Jul 2011
The applicant, a non-profit company who campaigned against animal cruelty, sought a declaration of incompatibility for section 321(2) of the 2003 Act, which prevented adverts with political purposes, as an unjustified restraint on the right of political expression. Held: Though the regulation was an interference in the claimant’s right of free expression, it was prescribed … Continue reading Animal Defenders International, Regina (on the Application of) v Secretary of State for Culture, Media and Sport: HL 12 Mar 2008
The claimant sought equal pay with other, male, warehouse operatives who were doing work of equal value but for more money. The Court of Appeal had held that since other men were also employed on the same terms both as to pay and work, her claim failed. Held: The claim was not disbarred in this … Continue reading Pickstone v Freemans Plc: HL 30 Jun 1988
There are no degrees of nullity The plaintiffs had owned mining property in Egypt. Their interests were damaged and or sequestrated and they sought compensation from the Respondent Commission. The plaintiffs brought an action for the declaration rejecting their claims was a nullity. The Commission replied that the courts were precluded from considering the question … Continue reading Anisminic Ltd v Foreign Compensation Commission: HL 17 Dec 1968
The Court was asked as to: ‘the liability for Value Added Tax of a company which markets and arranges holiday accommodation through an on-line website. The outcome turns on the appropriate characterisation of the relationship between the company, the operators of the hotels, and the holiday-makers or their travel agents (which is an English law … Continue reading Revenue and Customs v Secret Hotels2 Ltd: SC 5 Mar 2014
Account taken of circumstances wihout ambiguity The respondent gave advice on home income plans. The individual claimants had assigned their initial claims to the scheme, but later sought also to have their mortgages in favour of the respondent set aside. Held: Investors having once assigned their causes of action to the ICS, could not later … Continue reading Investors Compensation Scheme Ltd v West Bromwich Building Society: HL 19 Jun 1997
The twelve applicants had been unfairly dismissed by the transferor immediately before the transfer, and for a reason connected with the transfer under section 8(1). The question was whether the liability for unfair dismissal compensation transferred to the transferee. Held: It is the duty of a UK court to construe a statute, so far as … Continue reading Litster and Others v Forth Dry Dock and Engineering Co Ltd: HL 16 Mar 1989
The claimant challenged as incompatible with EU law, the Regulations which restricted the entitlement to state pension credit to those entitled to reside in the UK. Held: The appeal failed (Majority). The conditions imposed by the Regulations were indirectly discriminatory. There was not an exact correspondence between the advantaged and disadvantaged groups and the protected … Continue reading Patmalniece v Secretary of State for Work and Pensions: SC 16 Mar 2011
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
Discrimination – Shifting Burden of Proof (Preliminary Ruling) A woman was employed as a speech therapist by the health authority. She complained of sex discrimination saying that at her level of seniority within the NHS, members of her profession which was overwhelmingly a female profession, were appreciably less well paid than members of comparable professions … Continue reading Enderby v Frenchay Health Authority and Another: ECJ 27 Oct 1993
The applicants had been imprisoned and held without trial, being suspected of international terrorism. No criminal charges were intended to be brought. They were foreigners and free to return home if they wished, but feared for their lives if they did. A British subject, who was suspected in the exact same way, and there were … Continue reading A v Secretary of State for the Home Department, and X v Secretary of State for the Home Department: HL 16 Dec 2004
Safety Duty on Employer was not Absolute The pursuer was injured slipping on ice in her defender employer’s car park. Liability depended on the interpretation of regulation 5, the claimant saying that it imposed an absolute requirement to maintain the workplace in efficient working order and good repair. The defender said it was governed by … Continue reading Munro v Aberdeen City Council: SCS 17 Sep 2009
Contact visiting plants supported asbestos claim The deceased had worked as a lorry driver regularly collecting pulverized fuel ash from a power station. On his visits he was at areas with asbestos dust. He came to die from mesothelioma. His widow now pursued his claim that the respondent had failed to comply with the 1931 … Continue reading McDonald v National Grid Electricity Transmission Plc: SC 22 Oct 2014
The claimant sought damages for the development of neural plaques, having been exposed to asbestos while working for the defendant. The presence of such plaques were symptomless, and would not themselves cause other asbestos related disease, but signalled the presence of asbestos in the lungs. The employer appealed a finding of liability. Held: The claims … Continue reading Johnston v NEI International Combustion Ltd; Rothwell v Chemical and Insulating Co Ltd; similar: HL 17 Oct 2007
Court of Appeal must follow Own Decisions The claimant was injured and received compensation. He then sought to recover again, alleging breach of statutory duty by his employers. Held: The Court of Appeal was in general bound to follow its own previous decisions. The court considered the circumstances in which it could depart from a … Continue reading Young v The Bristol Aeroplane Co Ltd: CA 28 Jul 1944
The pursuer sought damages after her husband’s death from lung cancer. She said that the defenders were negligent in having continued to sell him cigarettes knowing that they would cause this. Held: The action failed. The plaintiff had not proved that the smoking of cigarettes was the cause of the lung cancer, and it was … Continue reading McTear v Imperial Tobacco Ltd: OHCS 31 May 2005
The Court considered appeals where defendants challenged the factual basis of findings that they had contributed to the causes of the claimant’s Mesothelioma, and in particular to what extent a court can satisfactorily base conclusions of fact on epidemiological evidence. The defendants in each case argued that the Fairchild exception should not have been applied … Continue reading Sienkiewicz v Greif (UK) Ltd; Knowsley Metropolitan Borough Council v Willmore: SC 9 Mar 2011
russell_transocean The appellants worked on various shifts for the defendants in off-shore oil-fields. They were given on-shore rest breaks, which the employers said should count toward their holiday entitlements. Held: The Court dismissed the employees’ appeal and refused a requested reference to the European Court. The rest break, daily rtests and weekley rest periods are … Continue reading Russell and Others v Transocean International Resources Ltd and Others: SC 7 Dec 2011
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
One claimant said that as a foreign resident pensioner, she had been excluded from the annual uprating of state retirement pension, and that this was an infringement of her human rights. Another complained at the lower levels of job-seeker’s allowance payable to those under 25. Held: (Lord Carswell dissented in part.) The claims failed. The … Continue reading Carson, Regina (on the Application of) v Secretary of State for Work and Pensions; Reynolds v Same: HL 26 May 2005
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
In each case, the employee had retired after long term sickness. The Employment tribunal had upheld their ability to claim arrears of sickness pay arising under the 1998 Regulations, as an unlawful deduction from their wages. They now appealed . .
Part-time workers claimed that they had been unlawfully excluded from occupational pension schemes because membership was dependent on an employee working a minimum number of hours per week and that that was discriminatory because a considerably . .
EAT The Tribunal was asked whether the claimant was a worker within the meaning of the Regulations and so entitled to their protection in receiving holiday pay.
Held: The appropriate classification of a . .
EAT Working Time Regulations 1998 – rest breaks – Regulations 12(1) and 30(1) – Prior to July 2012, the Claimant had an eight and a half hour working day, paid for eight hours, with the intention that he take a . .
A minister of the Presbyterian Church of Wales who had been inducted pastor of a united pastorate in Wales claimed unfair dismissal.
Held: If the existence or otherwise of the relationship of employer and employee is dependent solely upon 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
