Category: Employment

Butterfield v Rapidmark Ltd (T/A 3 MV): EAT 9 Sep 1998

Citations:

[1998] UKEAT 131 – 98 – 0909

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Meek v City of Birmingham District Council CA 18-Feb-1987
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 . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 17 June 2022; Ref: scu.206665

Abegaze v IPR Technical Development Ltd: EAT 2 Sep 1998

The court was asked whether the proposed appeal raised an arguable point of law. The claimant had requested witness orders, but the tribunal had refused them. Five of the six requested attended as defentant’s witnesses.
Held: The Industrial Tribunal was perfectly entitled in the exercise of its discretion to refuse to make witness orders in the absence of some compelling or good reason. The request had been made too near the hearing date. As to the question of bias, the Employment Tribunal had been correct to rely on R v Gough.

Judges:

Morison P J

Citations:

[1998] UKEAT 385 – 98 – 0209

Links:

Bailii

Citing:

Cited – Regina v Gough (Robert) HL 1993
The defendant had been convicted of robbery. He appealed, saying that a member of the jury was a neighbour to his brother, and there was therefore a risk of bias. This was of particular significance as the defendant was charged with conspiracy with . .
Lists of cited by and citing cases may be incomplete.

Employment, Discrimination

Updated: 17 June 2022; Ref: scu.206660

West Yorkshire Police and others v Khan: EAT 28 Jul 1998

Citations:

[1998] UKEAT 774 – 97 – 2807

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appealed to – Chief Constable of West Yorkshire Police and Others v Khan CA 24-Feb-2000
A police sergeant had made a complaint of race discrimination against his force. He applied for a post elsewhere, but his chief constable refused a reference claiming that he wished not to prejudice the force’s defence of the action. This was held . .

Cited by:

Appeal from – Chief Constable of West Yorkshire Police and Others v Khan CA 24-Feb-2000
A police sergeant had made a complaint of race discrimination against his force. He applied for a post elsewhere, but his chief constable refused a reference claiming that he wished not to prejudice the force’s defence of the action. This was held . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 17 June 2022; Ref: scu.206651

Henderson v Hunting Contract Services: EAT 1 Jul 1998

Citations:

[1998] UKEAT 504 – 98 – 0107

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

See Also – Henderson v Hunting Contract Services EAT 11-Mar-1999
. .
Cited – Anyanwu and Another v South Bank Student Union and Another HL 24-May-2001
The university had imposed a new constitution on its students union, which resulted in the dismissal of the claimant. He sought to assert racial discrimination.
Held: The concept of ‘aiding’ somebody in committing discriminatory behaviour . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 17 June 2022; Ref: scu.206590

Khan v Oxford City Mosque Society: EAT 23 Jul 1998

Citations:

[1998] UKEAT 920 – 97 – 2307

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – President of the Methodist Conference v Parfitt CA 1-Oct-1983
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 . .
Cited – Meek v City of Birmingham District Council CA 18-Feb-1987
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 . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 17 June 2022; Ref: scu.206600

Gibson v East Riding Yorkshire Council: EAT 3 Jul 1998

Citations:

[1998] UKEAT 526 – 98 – 0307

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

See Also – Gibson v East Riding of Yorkshire District Council EAT 3-Feb-1999
The Working Time Directive has direct application in the employment by an emanation of the state – a local authority, and an hourly paid part timer was entitled to four weeks paid holiday by the direct effect application of the Directive, and . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 17 June 2022; Ref: scu.206580

D’Souza v London Borough of Lambeth: EAT 1 Jul 1998

Citations:

[1998] UKEAT 733 – 98 – 0107

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – D’Souza v Lambeth Borough Council CA 10-Dec-1997
. .
See Also – D’Souza v London Borough of Lambeth EAT 1-May-1995
. .
See Also – D’Souza v Lambeth Borough Council EAT 18-Oct-1995
The employment tribunal held that it had not been practicable for the council to reinstate Mr D’Souza. He had succeeded in a claim for unfair dismissal and sought reinstatement, but this had been refused.
Held: An award of damages was made for . .
See Also – D’Souza v Lambeth Borough Council CA 3-Mar-1996
The claimant challenged a decision that the council could properly refuse to re-instate him after a wrongful dismissal. . .
See Also – D’Souza v London Borough of Lambeth EAT 2-Jul-1997
. .
Cited – D’Souza v London Borough of Lambeth EAT 9-Oct-1997
. .
Cited – D’Souza v London Borough of Lambeth EAT 14-Jan-1998
A re-instatement award after a finding of racial discrimination is in two stage process. The first part consisting of the order for re-instatement stays the balance of the award provisionally until the order for re-instatement has been complied with . .

Cited by:

Cited – D’Souza v London Borough of Lambeth and Another EAT 22-Jul-1998
. .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 17 June 2022; Ref: scu.206562

Court v Gloucestershire Royal NHS Trust: EAT 20 Jul 1998

Citations:

[1998] UKEAT 599 – 98 – 2007

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Court v Gloucestershire Royal NHS Trust EAT 7-Jul-1998
. .
Cited – Owusu v London Fire and Civil Defence Authority EAT 1-Mar-1995
The employee complained of his employer’s repeated failure to regrade him, and alleged discrimination. The employer said his claim was out of time.
Held: Mummery J made the distinction between single acts of discrimination, and continuing . .

Cited by:

See Also – Court v Gloucester Royal NHS Trust and Another EAT 15-Jun-1999
. .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 17 June 2022; Ref: scu.206558

Parchment v Ford Motor Co Ltd: EAT 8 Jun 1998

Appeal against refusal of extension of time to lodge appeal.
Held: Refused. The appellant ‘obviously has been suffering and still suffers from considerable disability, but he is not somebody who I should regard as being incapable of dealing with his own affairs in any technical sense. It seems to me that in the circumstances there is no satisfactory explanation for the delay in lodging his Notice of Appeal in this case.’ On the papers the appeal would appear likely to have been refused anyway.

Judges:

Morison P J

Citations:

[1998] UKEAT 30 – 98 – 0806

Links:

Bailii

Employment

Updated: 17 June 2022; Ref: scu.206496

Pendragon Plc v Jackson: EAT 30 Jun 1998

Citations:

[1998] UKEAT 108 – 97 – 3006

Links:

Bailii

Citing:

See Also – Pendragon Plc v Jackson EAT 19-Nov-1997
The right of appeal from the tribunal to the EAT in matters of contract law was lost in the new regulations; there are no statutory provision for what would be a statutory procedure.. . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 17 June 2022; Ref: scu.206499

Smock (T/A Coniston Coach Hire) v Wilson: EAT 1 Jun 1998

Citations:

[1998] UKEAT 426 – 98 – 0106

Links:

Bailii

Cited by:

See Also – London Borough of Hammersmith and Fulham v Ladejobi EAT 1-Nov-1998
The tribunal was asked as to the date from which time started to run for the purposes of calculating the 42-day period within which an appeal should have been brought from a decision of an Employment Tribunal, if it was to be brought at all.
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 17 June 2022; Ref: scu.206512