Category: Employment

Chingford Lighting Contractors Ltd v Woolner: EAT 17 Feb 1998

Appeal by the respondents before the Industrial Tribunal against the decision of an Industrial Tribunal held at Stratford holding unanimously that the applicant before the Industrial Tribunal, Mr Woolner, had been unfairly dismissed by reason of his conduct by the appellants.

Judges:

C Smith QC HHJ

Citations:

[1998] UKEAT 987 – 97 – 1702

Links:

Bailii

Jurisdiction:

England and Wales

Employment

Updated: 16 June 2022; Ref: scu.206100

Abegaze v British Telecommunications Plc: EAT 20 Feb 1998

Judges:

Morison P J

Citations:

[1998] UKEAT 311 – 98 – 2002

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Abegaze v British Telecommunications Plc EAT 9-Jul-1997
. .

Cited by:

See Also – Abegaze v British Telecommunications Plc EAT 15-Jul-1999
. .
See Also – Abegaze v British Telecommunications Plc EAT 12-May-2000
. .
See Also – Abegaze v British Telecommunications Plc CA 29-Jan-2001
Renewed application for permission to appeal. . .
See Also – Abegaze v British Telecommunications Plc CA 5-Nov-2001
Leave to appeal refused. . .
See Also – Abegaze v British Telecommunications Plc EAT 30-Apr-2001
Preliminary hearing on appeal – application for adjournment. Dismissed on papers. . .
Lists of cited by and citing cases may be incomplete.

Employment, Discrimination

Updated: 16 June 2022; Ref: scu.206083

Thames Valley Police v Kellaway: EAT 14 Jan 1998

Citations:

[1998] UKEAT 1290 – 97 – 1401

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: 16 June 2022; Ref: scu.206074

Savage v Saxena: EAT 20 Jan 1998

Housing benefit received after unfair dismissal not to be deducted from compensatory award; benefit of quite different kind.

Citations:

Times 11-Feb-1998, [1998] UKEAT 605 – 97 – 2001

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Savage v Saxena EAT 12-Sep-1997
. .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 16 June 2022; Ref: scu.206067

Langston v Cranfield University: EAT 12 Jan 1998

In a redundancy unfair dismissal claim, the Employment Tribunal are obliged to consider the issue whether there has been adequate consultation even though that issue has not been raised.

Citations:

[1998] UKEAT 647 – 96 – 1201, [1998] IRLR 172

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Swallow Security Services Ltd v Millicent EAT 19-Mar-2009
EAT UNFAIR DISMISSAL: Contributory fault
The employers dismissed the employee after a bogus redundancy exercise, after she had knowingly taken paid holiday in excess of her holiday allowance and failed to . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 16 June 2022; Ref: scu.206044

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 Safety Committee where he could have made known his concerns about the long hours being worked, internally, and his claim for protection was lost under section 103. He had not known of its existence.
Held: The finding was not perverse in law. Once the employer has established that because the employee has not the necessary two years’ qualifying service then it is for the employee to bring himself within s.108(3) which like paragraph 11 of Schedule I to the 1974 Act and like s.64(3) of the 1978 Act, is an exceptions subsection. The burden of proof lies on the employee to bring himself within the exception.

Judges:

C Smith QC

Citations:

[1998] UKEAT 499 – 97 – 2201

Links:

Bailii

Statutes:

Employment Rights Act 1996 100(1) 108(1)

Jurisdiction:

England and Wales

Citing:

Cited – 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 – Tedeschi v Hosiden Besson Ltd EAT 2-Oct-1996
. .
Cited – Shanon v Michelin (Belfast) Limited CANI 1981
The absence of an appeal procedure does not of itself make a dismissal unfair, even in the case of dismissal for misconduct.
Lord Justice O’Donnell said: ‘There had been at one time at final stage of the procedure where the dismissal was . .
Cited – Tedeschi v Hosiden Besson Ltd EAT 2-Oct-1996
. .

Cited by:

Cited – Ross v Eddie Stobart Ltd (Unfair Dismissal : Automatically Unfair Reasons) EAT 8-Aug-2013
EAT UNFAIR DISMISSAL – Automatically unfair reasons
Burden of proving the ‘whistleblowing’ reason for dismissal under s.103A Employment Rights Act 1996 lies on the employee who has insufficient continuous . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 16 June 2022; Ref: scu.206038

Leicestershire Mental Health Services NHS Trust v Pereira: EAT 1998

Citations:

[1998] UKEAT 36 – 98 – 0101

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: 16 June 2022; Ref: scu.206045

Claremont Garments (Holdings) Plc v Berry: EAT 27 Jan 1998

Citations:

[1998] UKEAT 1359 – 97 – 2701

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: 16 June 2022; Ref: scu.206024

Ayobiojo v Nalgo-Unison Trade Union: EAT 16 Jan 1998

Citations:

[1998] UKEAT 1264 – 96 – 1601

Links:

Bailii

Jurisdiction:

England and Wales

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 . .

Cited by:

Appeal from – Ayobiojo v Nalgo/Unison Trade Union CA 20-May-1998
. .
Lists of cited by and citing cases may be incomplete.

Employment, Discrimination

Updated: 16 June 2022; Ref: scu.206016