Maurice Kaye LJ considered the observations of Elias LJ in the case of Tilson v Alstom Transport and the impact of Jafri, saying: ‘However, even within the confines of the conventional approach, the Employment Appeal Tribunal can contain its application in a number of ways. First, provided that it is intellectually honest, it can be robust rather than timorous in applying what I shall now call the Jafri approach.’
Maurice Kaye LJ
[2014] EWCA Civ 716, [2014] ICR 835
Bailii
England and Wales
Citing:
Considered – Tilson v Alstom Transport CA 19-Nov-2010
The parties disputed whether the claimant agency worker was in law the employee of the respondent.
Held: The test was whether it was necessary to infer such a contract to explain the conduct of the parties (Elias LJ). The EAT were right to . .
Cited – Jafri v Lincoln College CA 16-Apr-2014
The claimant’s complaint of unfair dismissal for making a protected disclosure had been rejected by the ET and EAT. The court was asked whether the claimant could rely upon a point not previously raised.
Held: The appeal failed. Where a court . .
Cited by:
Cited – Way v Spectrum Property Care Ltd CA 22-Apr-2015
The appellant had been dismissed after using the company email to forward an inappropriate email in breach of the company’s policies. Later he was disciplined for making an appointment in breach of the company’s procedures. He again misused the . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 04 December 2021; Ref: scu.526264