Category: Employment

Tedeschi v Hosiden Besson Ltd: EAT 2 Oct 1996

Citations:

[1996] UKEAT 959 – 95 – 0210

Links:

Bailii

Citing:

Applied – Smith v Hayle Town Council CA 1978
In a case on the issue of sufficiency of qualifying service for bringing an ordinary case of unfair dismissal, the court considered the allocation of the burden of proof in employment cases.
Held: The burden is upon he who is seeking to rely . .

Cited by:

Cited – Jackson v ICS Group of Companies Ltd EAT 22-Jan-1998
The claimant appealed against the dismissal of his unfair dismissal application. Not having two years continuous employment he had claimed the protection of section 100 as a whistleblower, but the Tribunal had found that there had been a Health and . .
Cited – Jackson v ICS Group of Companies Ltd EAT 22-Jan-1998
The claimant appealed against the dismissal of his unfair dismissal application. Not having two years continuous employment he had claimed the protection of section 100 as a whistleblower, but the Tribunal had found that there had been a Health and . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 18 June 2022; Ref: scu.208649

Hughes v J Murphy and Sons Ltd: EAT 14 May 1996

The claimant appealed against the rejection of his claim for unfair dismissal. He had been dismissed after doing work for another contractor during his hours for the defendant and using their equipment.

Judges:

Bassignthwaighte HHJ

Citations:

[1996] UKEAT 585 – 95 – 1405

Links:

Bailii

Statutes:

Wages Act 1986

Jurisdiction:

England and Wales

Employment

Updated: 18 June 2022; Ref: scu.208380

Mensah v East Hertfordshire NHS Trust: EAT 13 May 1996

Leave to appeal granted.

Citations:

[1996] UKEAT 1259 – 95 – 1305

Links:

Bailii

Cited by:

See Also – Mensah v East Hertfordshire NHS Trust CA 10-Jun-1998
An industrial tribunal should be helpful to litigants to help establish clearly whether issues which had been raised on the papers were not being pursued. An employee claiming racial discrimination but not pursuing it at the tribunal was not allowed . .
Leave – Mensah v East Hertfordshire NHS Trust CA 25-Apr-1997
The Trust appealed against a finding of race discrimination. . .
Lists of cited by and citing cases may be incomplete.

Employment, Discrimination

Updated: 18 June 2022; Ref: scu.208399

Sterling Granada Contract Services Ltd v Hodgkinson: EAT 29 Mar 1996

Citations:

[1996] UKEAT 894 – 95 – 2903

Links:

Bailii

Citing:

Cited – RSPCA v Cruden EAT 1986
The dismissal of an employee of the RSPCA was unfair simply because of a delay with no good reason of some 7 months in initiating proceedings. This was even though the employee had suffered no prejudice as a result of the delay.
If a . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 18 June 2022; Ref: scu.208293

Carmichael and Another v National Power Plc: EAT 25 Apr 1996

Citations:

[1996] UKEAT 1160 – 95 – 2504

Links:

Bailii

Cited by:

Appeal from – Carmichael and Lesse v National Power Plc CA 29-Jan-1997
Casual workers employed under ‘nil hours’ relationship still had a contract of employment and the appropriate and associated rights. A court was fully able to determine the terms of the contract. . .
At EAT – Carmichael and Another v National Power Plc HL 24-Jun-1999
Tour guides were engaged to act ‘on a casual as required basis’. The guides later claimed to be employees and therefore entitled by statute to a written statement of their terms of employment. Their case was that an exchange of correspondence . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 18 June 2022; Ref: scu.208314

Horst and others v High Table Ltd: EAT 23 Apr 1996

Citations:

[1996] UKEAT 1252 – 94 – 2305

Links:

Bailii

Citing:

See Also – Horst and others v High Table Ltd EAT 23-May-1994
. .

Cited by:

Appeal from – High Table Limited v Horst, Jowett and and Burley CA 1-Jul-1997
The place where an employee was employed for the purposes of the employer’s business was to be determined by a consideration of the factual circumstances which obtained until the dismissal. Where an employee had worked in only one location under his . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 18 June 2022; Ref: scu.208316

Bennett v Sergio Gambi and others: EAT 14 May 1996

Appeal against rejection of sex harassment and discrimination claim. She said that the tribunal had given no clear inication that her allegations were either accepted or rejected.
Held: The decision adequately clarified that the tribunal had rejected the claimant’s evidence, and this concclusion was capable of being drawn from the evidence and circumstances. The appeal failed.

Judges:

Butterfield J

Citations:

[1996] UKEAT 34 – 95 – 1405

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 . .
Cited – Levy v Marrable EAT 1984
The employee was dismissed for having worked on his own car in a dangerous manner. He admitted this, but said he had done so before to the employer’s knowledge without complaint. The employer denied this. The tribunal had dismissed the complaint. . .
Lists of cited by and citing cases may be incomplete.

Employment, Discrimination

Updated: 18 June 2022; Ref: scu.208355

Tallon v Manchester TEC Ltd: EAT 18 Jan 1996

Judges:

C Smith QC HHJ

Citations:

[1996] UKEAT 210 – 95 – 1801

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Adams v GKN Sankey Ltd EAT 1980
The employee had been given twelve weeks notice of redundancy dismissal, and was not required to attend work during the notice period, but then worked additional days. A letter was written in November stating ‘you are given 12 weeks’ notice of . .
Cited – Stapp v The Shaftesbury Society CA 1982
The employer had told the claimant: ‘I must ask you to relinquish your duties with effect from today 7 February 1981’ and thereby summarily dismissed him.
Held: The employer was clearly summarily dismissing with immediate effect in a wholly . .
Cited – Chapman v Letheby and Christopher Ltd 1981
Date of termination of employment – employer required to show that the notice was clearly to the particular effect asserted by him. . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 18 June 2022; Ref: scu.208138

Nwidobie v Blackpool and Fylde College and Another: EAT 15 Jan 1996

Appeal from the reserved decision of an Industrial Tribunal finding that the Appellant had not been unfairly dismissed, had not been unfairly selected for redundancy and that the Respondents had not discriminated against him on the ground of his race.

Judges:

Smith J

Citations:

[1996] UKEAT 1256 – 94 – 1501

Links:

Bailii

Employment, Discrimination

Updated: 18 June 2022; Ref: scu.208114

Glennie v Independent Magazines Ltd: EAT 2 Dec 1997

Citations:

[1997] UKEAT 1262 – 97 – 0212, [1999] IRLR 719

Links:

Bailii

Cited by:

See Also – Glennie v Independent Magazines (UK) Ltd EAT 2-Apr-1998
. .
See Also – Glennie v Independent Magazines (UK) Limited CA 17-Jun-1999
A party is under a duty to present his entire case at the first hearing in the Employment Tribunal. Where a claimant’s representative had decided to adopt a particular position in law when making representations to the original industrial tribunal, . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 18 June 2022; Ref: scu.208019

Bewry v Cumbria County Council: EAT 10 Dec 1997

Judges:

Peter Clark HHJ

Citations:

[1997] UKEAT 1213 – 97 – 1012

Links:

Bailii

Statutes:

Employment Rights Act 1996 100(1)(a)

Cited by:

See Also – Bewry v Cumbria County Council EAT 10-Apr-2002
Appeal against rejection of complaint of unfair dismissal.
Held: The appeal failed raising no arguable point of law. . .
See Also – Bewry v Cumbria County Council CA 8-Oct-2002
Renewed application for leave to appeal against decisions rejecting the claimants claims for unfair dismissal.
Held: Leave was refused. . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 18 June 2022; Ref: scu.207994

Ainsworth and others v Whitbread Plc: EAT 17 Dec 1997

Citations:

[1997] UKEAT 1260 – 97 – 1712

Links:

Bailii

Citing:

Cited – Linfood Cash and Carry v Thomson EAT 1989
One employee had informed his employer that a fellow employee had stolen two books of credit notes. He refused to allow his identity to be disclosed for fear of reprisals. The Tribunal had held that the dismissal was unfair because although the . .
Cited – A v Company B Ltd 1997
The plaintiff had been called in and dismissed without being given any opportunity to defend himself. The company admitted unfair dismissal.
Held: Sir Richard Scott VC said: ‘I have to say that it seems to me grossly unfair that an employee . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 18 June 2022; Ref: scu.207987

Ewane v Department for Education and Employment: EAT 19 Dec 1997

Citations:

[1997] UKEAT 1447 – 96 – 1912

Links:

Bailii

Citing:

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

Employment

Updated: 18 June 2022; Ref: scu.208017

Eley v Huntleigh Diagnostics Ltd: EAT 1 Dec 1997

Citations:

[1997] UKEAT 1441 – 96 – 0112

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.208015

British Flowplant Group Ltd v Law and others: EAT 16 Dec 1997

Citations:

[1997] UKEAT 1047 – 96 – 1612

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 . .
Cited – Regina v British Coal Corporation, Ex Parte Price and Others QBD 28-May-1993
British Coal had the power to close coal mines once the unions had been consulted. The court gave guidance on the extent of consultation necessary.
Held: Fair consultation will involve consultation while consultations are at a formative stage; . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 18 June 2022; Ref: scu.207996

Technology House Group Plc v Andrews: EAT 25 Nov 1997

The Appellant claims that the Respondent was not employed by them but by another Company. No formal appearance was entered by the Respondent and the alleged employers, Datacare Resources Plc, sent two letters which made the claim that the Respondent was an employee of Datacare.

Citations:

[1997] UKEAT 1005 – 97 – 2511

Links:

Bailii

Jurisdiction:

England and Wales

Employment

Updated: 18 June 2022; Ref: scu.207972