EAT Unfair dismissal – Exclusions including worker/jurisdiction
These two appeals consider the circumstances in which contracts will be considered illegal so as to preclude an employee from taking claims for unfair dismissal. In Payne the Employment Tribunal found that there was no illegal contract; in Grace that there was. `The EAT upheld the Payne decision and overturned the Grace decision.
In Grace the issue also arose as to whether the Tribunal was entitled to conclude that the circumstances were too speculative for it to make any assessment whether dismissal would have occurred in any event. The EAT held that in the light of recent cases such as Scope v Thornett  IRLR 155 and Software 2000 Limited v Andrews and Ors 2 UKEAT/0533/06, it was not.
Elias P J
 UKEAT 0644 – 06 – 2507,  ICR 30,  IRLR 840
Cited – Carole Thornett v Scope EAT 7-Feb-2006
EAT Unfair Dismissal: Compensation
Compensation for unfair dismissal was capped at 6 months’ forward losses on the ground that the Claimant would have been dismissed at that stage. Since the parties could . .
Cited – Software 2000 Ltd v Andrews etc EAT 17-Jan-2007
EAT Four employees successfully established before the Employment Tribunal that they had been unfairly dismissed for redundancy. The Tribunal found that there had been procedural defects. In particular the . .
Appeal from – Enfield Technical Services Ltd v Payne and Another CA 22-Apr-2008
The appellant company appealed dismissal of their defence to a claim for unfair dismissal that the employment contract was tainted with illegality. The EAT had heard two cases with raised the question of the effect on unfair dismissal claims of . .
Cited – Connolly v Whitestone Solicitors EAT 24-Jun-2011
EAT JURISDICTIONAL POINTS – Fraud and illegality
Contract of employment – illegality in performance.
An employee who knows that his assertion to be self employed is unsustainable and yet claims to the . .
Cited – Hounga v Allen and Another SC 30-Jul-2014
The appellant, of Nigerian origin had been brought here at the age of 14 with false identity papers, and was put to work caring for the respondent’s children. In 2008 she was dismissed and ejected from the house. She brought proceedings alleging . .
These lists may be incomplete.
Updated: 03 February 2021; Ref: scu.258503