Category: Employment

Teinaz v Wandsworth: EAT 22 Nov 2001

EAT Procedural Issues – Employment Tribunal.

Judges:

The Honourable Mr Justice Lindsay (President)

Citations:

EAT/0777/00, [2001] UKEAT 0679 – 01 – 2211, [2001] UKEAT 0777 – 00 – 2211

Links:

Bailii, Bailii, EAT

Citing:

See Also – Teinaz v Wandsworth Borough Council EAT 25-Jan-2001
Preliminary hearing. . .
See Also – Dr Y R Teinaz v Wandsworth Borough Council CA 16-Jul-2001
The applicant had made a claim to the tribunal, but then applied for an adjournment on medical grounds, submitting a medical certificate.
Held: Where a refusal to exercise a discretion could lead to the loss of significant rights, a court . .

Cited by:

Appeal from – Teinaz v London Borough of Wandsworth CA 16-Jul-2002
The claimant applied for an adjournment of his application. The tribunal suspected the basis of his medical certificate, and, refusing the adjournment, proceeded in his absence. The Employment Appeal Tribunal allowed an appeal, and the employer now . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 14 June 2022; Ref: scu.204568

Chief Constable of Bedfordshire Police v Liversidge: EAT 13 Dec 2001

Citations:

[2001] UKEAT 775 – 00 – 1312

Links:

Bailii

Citing:

See Also – Bedfordshire Police v Liversidge CA 11-Dec-2001
. .
See Also – Bedfordshire Police v Liversidge EAT 10-Jul-2000
. .
See Also – Chief Constable of Bedfordshire Police v Liversidge EAT 21-Sep-2001
The Chief Constable appealed against a refusal to strike out a claim by the respondent that he had racially discriminated against her. Force members had used code words for racially abusive terms about her. The claim was that he was vicariously . .

Cited by:

Appeal From – Bedfordshire Police v Liversidge CA 24-May-2002
. .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 14 June 2022; Ref: scu.204598

Sankey v Nalco Diversified Technology Ltd: EAT 19 Nov 2001

The applicant appealed a decision that he had not been unfairly dismissed. He had had an expense card, but repeatedly, and after due warning, failed to make proper deductions for private mileage.
Held: The claimant should have known the change in his employment conditions which required these deductions. There was evidence before the tribunal which could found their decision, and the appeal tribunal could not substitute its own opinion.

Judges:

His Honour Judge D M Levy Qc

Citations:

[2001] UKEAT 888 – 00 – 1911

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Sankey v Nalco Diversified Technology Ltd EAT 23-Jan-2001
. .

Cited by:

See Also – Sankey v Nalco Diversified Technology Ltd EAT 23-Jan-2001
. .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 14 June 2022; Ref: scu.204552

Enesco European Giftware Group Ltd v Birkett: EAT 6 Dec 2001

Citations:

[2001] UKEAT 190 – 01 – 0612

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Enesco European Giftware Group Ltd v Birkett EAT 25-Apr-2001
. .
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 by:

See Also – Enesco European Giftware Group Ltd v Birkett EAT 25-Apr-2001
. .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 14 June 2022; Ref: scu.204612

Davisons Solicitors v Wright: EAT 30 Nov 2001

EAT Time Limits – (no sub-topic)
EAT Procedural Issues – Employment Appeal Tribunal.

Judges:

His Honour Judge A Wilkie QC

Citations:

[2001] UKEAT 800 – 01 – 3011, EAT/800/01

Links:

Bailii, EAT, EAT

Jurisdiction:

England and Wales

Citing:

See Also – Davisons Solicitors v Wright EAT 8-May-2001
. .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 14 June 2022; Ref: scu.204457

Sterzo v London Borough of Lewisham: EAT 2 Oct 2001

Judges:

Recorder Cox QC

Citations:

[2001] UKEAT 1223 – 99 – 0210

Links:

Bailii

Citing:

Cited – London Borough of Hackney v Benn CA 31-Jul-1996
The Court considered the role of an Employment Tribunal in assessing an employer’s classification of conduct as gross misconduct, justifying summary dismissal.
Held: If an issue of conduct is being considered upon the facts of the case that is . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 14 June 2022; Ref: scu.204394

Asda Stores Ltd v Thompson and others: EAT 11 Oct 2001

Citations:

[2001] UKEAT 1096 – 01 – 1110

Links:

Bailii

Jurisdiction:

England and Wales

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 by:

See Also – 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: 14 June 2022; Ref: scu.204273

National Minimum Wage Compliance Officer of the Inland Revenue v Hewitson and Another (T/A Executive Coach Catering Services): EAT 17 Sep 2001

The respondents supplied stewards and stewardesses to coach companies. The staff were, by agreement with the Inland Revenue self-employed. The wages were alleged to be low, and the issue arose as to whether they were workers within the Act. Certain parts of their duties were as employees. The respondents contended that the arrangements as a whole had to be considered. The tribunal erred in considering the stewards to be workers.

Judges:

His Honour Judge D Serota QC

Citations:

[2001] UKEAT 489 – 01 – 1709, EAT/489/01

Links:

Bailii, EAT

Statutes:

National Minimum Wage Act 1998 54(3)

Jurisdiction:

England and Wales

Employment

Updated: 14 June 2022; Ref: scu.204224

Stephen Fidler and Co v Kapadia: EAT 20 Sep 2001

Leave to appeal granted

Judges:

Underhill QC R

Citations:

[2001] UKEAT 765 – 01 – 2009

Links:

Bailii

Cited by:

See Also – Stephen Fidler and Co v Kapadia EAT 11-Jun-2002
Interlocutory appeal against refusal to make order requiring release of tribunal chairman’s notes.
Held: The appeal succeeded. It was clear that there was a factual dispute as to the events of the hearing, and ‘it is the Chairman’s notes which . .
See Also – Stephen Fidler and Co v Kapadia EAT 2-Oct-2002
EAT Unfair Dismissal – Contributory fault. . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 14 June 2022; Ref: scu.204250

Goldman Sachs Services Ltd v Montali: EAT 19 Oct 2001

EAT This interlocutory appeal raises a point of general importance regarding Employment Tribunal practice where one Tribunal revisits and varies or alters an interlocutory order or direction made by an earlier Tribunal. We use the expression Tribunal to include a Chairman properly sitting alone.’
Held: Although it was open to an Employment Tribunal to make an order inconsistent with an earlier order of its own it should only do so in appropriate circumstances and most usually only when there had been a change of circumstances since the earlier order. Employment Tribunals must exercise their powers under the Employment Tribunal’s Rules of Procedure in accordance with the principles that apply under the Civil Procedure Rules.

Judges:

Peter Clark J

Citations:

EAT/1203/01, [2001] UKEAT 1203 – 01 – 1910, [2002] ICR 1251

Links:

Bailii

Cited by:

Cited – Tisson v Telewest Communications Group Ltd EAT 19-Feb-2008
The claimant’s claim had been struck out for his failure to comply with an order to serve a list of documents.
Held: The appeal failed. The principles applied under the Civil Procedure Rules should be applied in Employment Tribunals. The . .
Cited – St Albans Girls School and Another v Neary CA 12-Nov-2009
The claimant’s case had been struck out after non-compliance with an order to file further particulars. His appeal was allowed by the EAT, and the School now itself appealed, saying that the employment judge had wrongly had felt obliged to have . .
Applied – Bonkay-Kamara v APCOA Parking UK Ltd EAT 23-Oct-2013
EAT Unfair Dismissal : Tribunal procedure. Whether, having given directions for a full hearing, and dismissed a subsequent application for a pre-hearing review, the Tribunal could then later direct a pre-hearing . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 14 June 2022; Ref: scu.204316

Harley v Commissioner of Police of the Metropolis: EAT 18 Sep 2001

Application for hearing to be postponed.

Judges:

Langstaff QC Rec

Citations:

[2001] UKEAT 1111 – 01 – 1809

Links:

Bailii

Citing:

See Also – Commissioner of Police of the Metropolis v Harley EAT 19-Feb-2001
Appeal against a finding that a claim of disability discrimination was in time. . .
Lists of cited by and citing cases may be incomplete.

Employment, Discrimination

Updated: 14 June 2022; Ref: scu.204186

Gould v Haileybury and Imperial Service College and Another: EAT 6 Jun 2001

Citations:

[2001] UKEAT 769 – 00 – 0606

Links:

Bailii

Citing:

See Also – Lambrook Haileybury School v Gould EAT 1-Dec-1998
. .
See Also – Gould v Lambrook Haileybury School EAT 5-Jul-1999
. .
See Also – Gould v Lambrook Haileybury School EAT 28-Jul-1999
. .

Cited by:

See Also – Gould v Haileybury and Imperial Service College and Another EAT 6-Jun-2001
. .
See Also – Gould v Haileybury and Imperial Service College and Another EAT 6-Jun-2001
. .
See Also – Gould v Haileybury and Imperial Service College and Another EAT 6-Jun-2001
. .
See Also – Gould v Haileybury and Imperial Service College and Another EAT 6-Jun-2001
. .
See Also – Gould v The Governors of Haileybury and Imperial Services College and others EAT 19-Jul-2002
EAT Unfair Dismissal – Compensation . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 14 June 2022; Ref: scu.203973

Deman v Association of University Teachers and Another: EAT 6 Jun 2001

Appeal against order of tribunal for adjournment to allow vexatious litigant application against the applicant.

Citations:

[2001] UKEAT 1311 – 00 – 0606

Links:

Bailii

Statutes:

Employment Tribunals Act 1996 33

Citing:

See Also – John Hardie v the City of Edinburgh Council for Judicial Review of A Decision To Remove the Petitioner From the List of Supply Teachers By the City of Edinburgh Cou SCS 10-Nov-1999
. .
See Also – Deman v Association of University Teachers EAT 30-Apr-2001
Preliminary ex parte hearing to decide whether appeal was to go ahead to full hearing. . .
Cited – Deman v Association of University Teachers EAT 12-Jan-2000
. .

Cited by:

See Also – Deman v Association of University Teachers and others EAT 5-Feb-2002
EAT Race Discrimination – Inferring Discrimination
EAT Race Discrimination – Inferring discrimination. . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 14 June 2022; Ref: scu.203958

BLP UK Ltd v Marsh: EAT 12 Jun 2001

Citations:

[2001] UKEAT 0187 – 01 – 1206

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

See Also – BLP UK Ltd v Marsh EAT 10-Apr-2002
EAT Unfair Dismissal – Other . .
At EAT – BLP UK Ltd v Marsh CA 23-Aug-2002
application for permission to appeal . .
See Also – BLP UK Ltd v Marsh CA 16-Jan-2003
. .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 14 June 2022; Ref: scu.203940