Category: Employment

Jones v Mid-Glamorgan County Council: EAT 8 May 1995

Citations:

[1995] UKEAT 1310 – 95 – 0805

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Appeal from – Jones v Mid-Glamorgan County Council CA 13-May-1997
On being told he was to be dismissed, Mr Jones had taken early retirement. He made a claim in the County Court that his pension had been wrongly reduced, The court rejected his allegation that he had acted under duress. His subsequent claim of . .
Cited – Sandhu v Jan De Rijk Transport Ltd CA 10-May-2007
The court was asked whether the claimant had been dismissed or had resigned. He had attended a meeting to be told that his contract was to be finished. The company later complained that he had resigned when they were unable to reach a compromise on . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 18 June 2022; Ref: scu.209108

Tyldesley v TML Plastics Ltd: EAT 23 Mar 1995

Mrs Tyldesley complained that she had been paid less than a male comparator. The employer said the reason for this was that the comparator understood and was committed to the concept of total quality management. The tribunal had found that in relying on a s.1(3) defence the employer had to show, in addition to their being a variation genuinely due to a material factor which was not the difference in sex, the difference was objectively justified.
Held: The claimant’s appeal succeeded. It was not necessary in order to establish the defence to show objective justification unless the factor relied on was one which affected a considerably higher proportion of women than men, so as to be indirectly discriminatory and thus tainted by sex discrimination. Thus, it followed that it was sufficient if the employer genuinely believed (even if mistaken and even if the belief was not reasonable) that the factor was material: ‘the industrial tribunal erred in law in directing itself that the explanation for the difference in pay had to be objectively justified. It was sufficient in law that the explanation itself caused the difference or was a sufficient influence to be significant and relevant, whether or not that explanation was objectively justified.’

Judges:

Mummery J

Citations:

[1995] UKEAT 1044 – 93 – 2303, [1996] IRLR 395

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Sharp v Caledonia Group Services Ltd EAT 1-Nov-2005
EAT Equal Pay Act – Material factor defence – In an equal pay claim involving a presumption of direct discrimination the genuine material factor defence requires justification by objective criteria.
The . .
Lists of cited by and citing cases may be incomplete.

Employment, Discrimination

Updated: 18 June 2022; Ref: scu.209035

Tower Boot Company Ltd v Jones: EAT 27 Mar 1995

The company appealed against a finding of race discrimination.
Held: As a matter of law the concept of vicarious liability provided for in Section 41(1) of the Act, identical to that under Section 32(1) of the Race Relations Act 1976.

Citations:

[1995] UKEAT 56 – 94 – 2703, [1995] IRLR 529

Links:

Bailii

Statutes:

Race Relations Act 1976

Jurisdiction:

England and Wales

Cited by:

Appeal from – Tower Boot Company Limited v Jones CA 11-Dec-1996
An employer’s liability for racial abuse by its employees is wider than its liability under the rules of vicarious liability. The statute created new obligations. Sex and race discrimination legislation seeks to eradicate the ‘very great evil’ of . .
Cited – AB v CD EAT 13-Nov-1997
The claimant had been a cook. A poster was put up at work redrawn to show her in a sexually suggestive pose. The court now considered an appeal agreed by consent by the parties.
Held: Since the case had been heard, the Court of Appeal in Tower . .
Lists of cited by and citing cases may be incomplete.

Employment, Discrimination

Updated: 18 June 2022; Ref: scu.209033

South Durham Health Authority v Unison: EAT 6 Feb 1995

Mummery J P said: ‘Similarly in the case of entitlement to redundancy payments discussed in the authorities relied on by [counsel] there is no right of action, no entitlement to the payments before the date of termination has arrived. An originating payment for payment before a cause of action has arisen is therefore premature’.

Judges:

Mummery J P

Citations:

[1995] UKEAT 932 – 94 – 0602

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Foster v Bon Groundwork Ltd EAT 17-Mar-2011
EAT PRACTICE AND PROCEDURE – Striking-out/dismissal
In April 2009, the Claimant, who was then 77 years of age, was employed by the Respondent, when he was laid off without pay. While still being employed by . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 18 June 2022; Ref: scu.208954

John Knight (Animal By-Products) Ltd v Marshall: EAT 23 Feb 1995

Citations:

[1995] UKEAT 177 – 94 – 2302

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: 18 June 2022; Ref: scu.208934

London Underground Ltd v Edwards: EAT 14 Feb 1995

The Tribunal considered the difficulties arising where one party was not represented, but where the case gave rise to difficult questions of law. In this case the claimant alleged sex discrimination in the context of rostering arrangements making demands on her as a sole parent. The defendant appealed against a finding that it was in breach of section 1 of the 1975 Act.

Judges:

Mummery P J

Citations:

[1995] UKEAT 241 – 94 – 1402

Links:

Bailii

Statutes:

Sex Discrimination Act 1975 1(1)(b)

Citing:

Cited – Orphanos v Queen Mary College HL 1985
The complainant, a Cypriot, argued that the respondent college’s practice, determined by government policy, of charging higher fees to ‘overseas’ students than to ‘home’ students indirectly discriminated against him on the ground of his race. . .
Cited – Jones v University of Manchester CA 10-Mar-1993
A claim for sex discrimination based on an age requirement was wrongly based. The proportion of mature graduates was irrelevant in the appropriate pool. The Court cautioned tribunals to avoid placing artificial limitations on the scope of the pool . .

Cited by:

At EAT – London Underground Limited v Edwards (2) CA 21-May-1998
New rosters for underground train drivers were indirectly discriminatory because all the men could comply with them but not all the women could do so: it was a ‘striking fact’ that not a single man was disadvantaged despite the overwhelming . .
At EAT – London Underground Limited v Edwards CA 21-May-1998
A new driver roster imposing shift working timetables discriminated against women since significantly less in proportion of women could meet the new arrangements – indirect discrimination . .
See Also – London Underground Ltd v Edwards EAT 13-Jan-1997
. .
Lists of cited by and citing cases may be incomplete.

Employment, Discrimination

Updated: 18 June 2022; Ref: scu.208942

Mensah v Royal College of Midwives: EAT 17 Dec 1996

Citations:

[1996] UKEAT 124 – 94 – 1712

Links:

Bailii

Citing:

See Also – Mensah v Royal College of Midwives EAT 17-Nov-1995
. .

Cited by:

See Also – Regina v Nursing and Midwifery Staff Negotiating Council ex parte Mensah Admn 27-Apr-1998
. .
Lists of cited by and citing cases may be incomplete.

Employment, Discrimination

Updated: 18 June 2022; Ref: scu.208813

Secretary of State for Trade and Industry v Cook and others: EAT 13 Dec 1996

Employees who are otherwise qualified employees will transfer with their undertaking even though they are unaware of the identity of their new employer. Morison J considered the situation where there was a transfer of the undertaking, but the employee had not known the identity of the transferee: ‘In relation to the employee who, had he known what was happening, would have objected to being transferred, it seems to us that he has lost nothing of value. Had he objected in time he would have lost his employment without an opportunity of claiming compensation, since he would not have been dismissed (reg. 4B). It is to be noted that Parliament provided that an objector could give notice either to the transferor or to the transferee. If the objector, through concealment, found himself employed by the transferee before he could raise an objection, then it seems to us that the moment he discovered what had happened and that his employer was not the transferor but the transferee, he could leave his employment without liability; at the least, the parties to the transfer would be estopped from denying that the employee had exercised his right to object timeously. Further, it may well be the case that it would be a breach of the employers’ duty of good faith to employees to conceal from them a transfer which has taken place. Whether any such breach would give the employees valuable claims for damages would need examination. Further, an employee has an express right to terminate his contract in the circumstances provided by reg. 5(5).’
The EAT is not bound by its own previous decisions, although they will only be departed from in exceptional circumstances, or where there are previous inconsistent decisions.

Judges:

Morison J P

Citations:

[1996] UKEAT 582 – 96 – 1312, [1997] IRLR 150

Links:

Bailii

Statutes:

Employment Protection (Consolidation) Act 1978 122

Cited by:

Cited – New ISG Ltd v Vernon and others ChD 14-Nov-2007
The claimant sought to continue an interim injunction obtained without notice. The claimant sought to restrain former employees misusing information it claimed they had taken with them. The claimants said that having objected to a transfer of their . .
Cited – Asda Stores Ltd v Thompson, Pullan, and Caller EAT 16-Jun-2003
The appellants had been dismissed after investigations satisfied the employer that the employees had been using illegal drugs. Cross appeals were made in the following misconduct unfair dismissal claim. The employees complained of the use of . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 18 June 2022; Ref: scu.208823

Del Grosso v Tom Cobleigh Plc: EAT 17 Dec 1996

Citations:

[1996] UKEAT 1058 – 95 – 1712

Links:

Bailii

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: 18 June 2022; Ref: scu.208786

Group 4 Nightspeed Ltd v Gilbert: EAT 26 Sep 1996

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 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 . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 18 June 2022; Ref: scu.208544