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		Employment - From: 1993 To: 1993 This page lists 565 cases, and was prepared on 02 April 2018. Devine v Designer Flowers Wholesale Florist Sundries Ltd; EAT 1993 - [1993] IRLR 517 Steel Stockholders (Birmingham) Ltd v Kirkwood [1993] IRLR 515 1993 EAT Lord Coulsfield Employment, Scotland The tribunal considered the use of the word "procedural" in the Polkey, and doubted whether Lord Bridge could have meant to classify matters such as the choice of a pool for redundancy, or the adoption of criteria for selection as procedural as opposed to substantive: "In any given case, therefore, it is necessary to consider whether the unfairness can properly be classified as procedural or substantive." 1 Cites 1 Citers Mulrine v University of Ulster [1993] IRLR 545 1993 CANI MacDermott LJ, Sir Brian Hutton LCJ Employment, Northern Ireland An employee was employed under a contract of employment for 2 years with a waiver clause. 5 weeks before the end of that period the employer wrote to the employee, extending her contract by nearly 4 months and specifying that all other conditions of the contract were to remain. Held: "In many cases the correct answer may be reached by applying the "Denning test", but if as in this case, an unfair and unreasonable result is produced one must go back and ask the allegedly more difficult question : was the second contract an extension of the first?" If an employer became liable to make an unfair dismissal payment by extending for a short period a contract under which the employee had surrendered her compensation rights would be a conclusion which would be: "irrational, unjust and contrary to the clear contractual terms into which the parties had chosen to enter." Sir Brian Hutton LCJ: it was clear as a matter of construction that the employee was not employed under a new and separate contract when the original contract was extended but that she was employed under a contract for a fixed term of two years which was extended or renewed to make it a fixed term of two years, three months and three weeks. It was unreasonable and unjust to hold that because of the extension the employer lost the benefit of the exclusion clause which would have operated to protect it if the employment had ended on the expiry of the term of two years. 1 Cites 1 Citers Campbell v Dunoon HA [1993] IRLR 496 1993 OHCS Scotland, Employment 1 Cites 1 Citers Capital Foods Retail Ltd v Corrigan [1993] IRLR 430 1993 Employment A solicitor acting in an employment matter can be expected to be aware of the applicable procedures. 1 Citers Mansell v Curry [1993] ICR 798 1993 Employment Appeals against interlocutory decisions of Employment Tribunals concerning the grant of adjournments are to be deplored. 1 Citers Gillick v BP Chemicals [1993] IRLR 437 1993 EAT Lord Coulsfield Employment, Discrimination, Scotland Ms Gillick had made an application based on sex discrimination in the first place against an agency which had contracted out her services to various divisions of BP Chemicals Ltd. The Respondents were the Company which had done that and in their Notice of Appearance they disputed that there had been an employment relationship between themselves and Ms Gillick. They said "you were employed by BP". She then applied to be allowed to add the defendant as a party. The defendant said that she was now well out of time, and Mrs Gillick now appealed an order to that effect. Held. BP was to be added as a party. Whether or not to do so was a matter for the discretion of the tribunal. There was no time limit as such which applied to the addition of new or substituted parties. The Industrial Tribunal should treat an application to amend the complaint by the addition of a new respondent as a question of discretion, having regard to all the circumstances, not as one to be settled by the application of the rules of time-bar. Lord Coulsfield said: "The presence of absence of a connection between the respondents may well be relevant in considering whether or not a genuine mistake has been made , and whether the Industrial Tribunal should exercise its discretion to allow the mistake to be corrected, but such considerations are relevant, if at all, as matters to be taken into account in exercising the discretion, rather than as limitations on the circumstances in which the discretion can be exercised." As to the case of Cocking: "We do not . . think that the Cocking approach is necessarily limited to cases in which the original and the new respondents are related as principal and subsidiary, or in some similar way. The presence or absence of a connection between the respondents may well be relevant in considering whether or not a genuine mistake has been made, and whether the industrial tribunal should exercise its discretion to allow the mistake to be corrected, but such considerations are relevant, if at all, as matters to be taken into account in exercising a discretion, rather than as limitations on the circumstances in which the discretion can be exercised." Employment Protection (Consolidation) Act 1978 67(2) - Sex Discrimination Act 1975 76(1) - Industrial Tribunals (Rules of Procedure) (Scotland) Regulations 1985 (1985 no 17) 1 2 10 13(1) 14 1 Cites 1 Citers JA Mont (UK) Ltd v Mills [1993] IRLR 172 1993 Employment "As a matter of policy, [the] court should not too urgently strive to find, within restrictive covenants ex facie too wide, implicit limitations such as alone would justify their imposition. Otherwise, employers would have no reason ever to impose restraints in appropriately limited terms. Thus would be perpetuated the long-recognised vice of ex-employees being left subject to apparently excessive restraints and yet quite unable, short of expensive litigation and at peril of substantial damages claims, to determine precisely what their rights may be." 1 Citers JA Mont (UK) Limited v Mills [1993] IRLR 172 1993 Employment The courts should not too readily construe restrictive covenants, ex facie too wide, as being subject to implicit limitations since: "Thus would be perpetuated the long-recognised vice of ex-employees being left subject to apparently excessive restraints and yet quite unable, short of expensive litigation and at peril of substantial damages claims, to determine precisely what their rights may be." 1 Citers Lee and others v GEC Plessey Telecommunications [1993] IRLR 383 1993 Connell J Employment, Contract The court was asked whether consideration had been given for a change in the employees' terms and conditions. Held. Where improvements in employee contracts are announced by an employer in the context of pay negotiations, the employees' continuing to work was consideration for the change. Connell J said: "the plaintiffs assert that where an improvement in the employees' terms and conditions is announced by the employer, the employee gives consideration by continuing to work on the basis of the improved terms and without seeking a larger or more significant improvement. Otherwise, say the plaintiffs, the result would be ludicrous because any employer who announced a pay increase in the context of a pay claim which is then paid by the employer and accepted by the employee could thereafter withdraw the pay increase at will and without being liable to a damages claim for the difference on the basis that there was no consideration for the increased payment. The consideration is, they say: (a) the employee continuing to work; and (b) not continuing with his pay claim, so that the employer avoids industrial action and benefits from the continued services of a known employee . . The situation is similar with an increase in the severance payments made to those who lose their employment due to redundancy, for a redundancy payment is part of the remuneration package. The employee continues to work for the employer, thereby abandoning any argument that the increase should have been even greater and removing a potential area of dispute between employer and employee. The employer has both secured a benefit and avoided a detriment (see Williams v Roffey Bros and Nicholls (Contractors) Ltd [1991] 1 QB 1). The case of Price v Rhondda Urban Council [1923] 2 Ch 372 is plainly distinguishable from the instant case, since in Price there was no negotiation between the employer and the employee as to whether married women should be employed or not, so that there was no extra value to the employer in women teachers continuing in their employment. Further, in the instant case, if in each individual contract of employment there were incorporated the provisions of relevant collective agreements agreed from time to time, as well as general instructions and notices, the contention that each improvement in the employees' terms requires fresh consideration fails to give proper recognition to the value to be attributed by the employer to the continuation of the same workforce in his employ and/or to the possibility of making adjustments from time to time to the detail of the contracts of employment without having to issue new contracts whenever adjustments are put into effect." 1 Citers Manchester University v Jones [1993] ICR 474 1993 Discrimination, Employment The court prescribed a broad and expansive concept of the pool of comparators in discrimination cases. 1 Citers Mont v Mills [1993] IRLR 173 1993 Simon Brown LJ Employment Simon Brown LJ said: "I cannot accept that the law's only concern underlying the doctrine of restraint of trade is to ensure that employees can earn their living . . If this were so, such restraints could always be purchased outright and yet the cases clearly show that they cannot be. And in any event, public policy clearly has regard too to the public interest in competition and in the proper use of an employee's skills." 1 Citers Regina v British Coal and Secretary of State for Trade and Industry ex parte Vardy [1993] ICR 720 1993 QBD Glidewell LJ, Hidden J European, Employment Glidewell LJ considered the significance of the difference between the wording of the EC Directive, and the section implementing it and said: "In my view the difference between the wording of the Directive and the wording of section 188 of the Act 1992 is such that the section cannot be interpreted as having the same meaning as the Directive. I say this because in the Directive consultation is to begin as soon as an employer contemplates redundancies, whereas under the Act of 1992 it only needs to begin when he proposes to dismiss as redundant an employee. The verb "proposes" in its ordinary usage relates to a state of mind which is much more certain and further along the decision-making process than the verb "contemplates;" in other words, the Directive envisages consultation at an early stage when the employer is first envisaging the possibility that he may have to make employees redundant. Section 188 applies when he has decided that, whether because he has to close a plant or for some other reason, it is his intention, however reluctant, to make employees redundant. Moreover, section 188 of the Act 1992 contains no words equivalent to those contained in Article 2 (2) of Directive (75/129/EEC)." EC Directive (75/129/EEC) 2(2) - Trade Union and Labour Relations (Consolidation) Act 1996 188 1 Citers Regina v British Coal Corporation and Secretary of State for Trade and Industry ex parte Vardy and Others [1993] IRLR 104; [1993] ICR 720 1993 QBD Glidewell LJ, Hidden J Employment, European British Coal Corporation had decided to close 31 deep mine collieries. The court was asked as to just what consultation obligations fell on the employer under the 1946 Act. Held: The section did create an obligation to consult. Glidewell LJ, made obiter comments on the similar consultation duties under section 188 of the 1992 Act: "In my judgment, this section does not require a consultation about the reason for the redundancy, including whether or not a plant should close. " As to article 2 of the Directive, he said: "By Article 2(2) the scope of the consultations is in part defined. In my view the fact that consultations are to begin as soon as the employer contemplates redundancies and that they are to include ways and means of avoiding redundancies indicates that the Directive is to be interpreted as including consultation on ways of avoiding redundancies by not closing the particular establishment, if that is what the employer has in mind." Section 188 was therefore not consistent with the Directive: "In my view the difference between the wording of the Directive and the wording of section 188 of the Act 1992 is such that the section cannot be interpreted as having the same meaning as the Directive. I say this because in the Directive consultation is to begin as soon as an employer contemplates redundancies, whereas under the Act of 1992 it only needs to begin when he proposes to dismiss as redundant an employee. The verb "proposes" in its ordinary usage relates to a state of mind which is much more certain and further along the decision-making process than the verb "contemplates;" in other words, the Directive envisages consultation at an early stage when the employer is first envisaging the possibility that he may have to make employees redundant. Section 188 applies when he has decided that, whether because he has to close a plant or for some other reason, it is his intention, however reluctant, to make employees redundant. Moreover, section 188 of the Act 1992 contains no words equivalent to those contained in Article 2 (2) of Directive (75/129/EEC)." Coal Industry (Nationalisation) Act 1946 46 - Council Directive of 24 June 1992 92/56/EEC - Trade Union and Labour Relations (Consolidation) Act 1992 188(2)(a) 189 1 Citers A Links and Co Ltd v Rose [1993] SLT 664 1993 Scotland, Employment, Discrimination 1 Citers Morris Angel and Son Ltd v Hollande [1993] IRLR 169 1993 CA Dillon LJ Employment The managing director of a Group of companies agreed a covenant in restraint of trade in his service contract. For one year after ceasing to be so employed he would not do business "With any firm or company who has at any time during the one year immediately preceding done business with the Group". The Group was then taken over by the Plaintiffs and the managing director was dismissed. There was a Regulation 5(1) transfer. The Plaintiffs sought to enforce the restrictive covenant against the managing director. What did the contract mean in the context of the transfer? Did it bar the erstwhile Group managing director from doing business with people who had done business with the Plaintiffs in the next preceding year (a thing he was not attempting to do) or with those who had done business in that period with the original Group? Turner J, having referred to the words in Regulation 5(1) that the effect was to be as if the contract was made with the transferee Plaintiff, held the former to be the case. As that type of breach of covenant was not threatened, Turner J granted no injunction against the managing director. Held: Dillon LJ dealt with the question of the transfer generally. Speaking of Turner J.'s construction he said:- "The difficulty about that approach to my mind is that it turns the obligation on the employee . . into a quite different and possibly much wider obligation than the obligation which bound him before the transfer, that is to say an obligation not to do business etc. with the person who had done business in the relevant year with the Plaintiffs and not the company. Such an obligation was not remotely in contemplation when the services agreement was entered into and I can see no reason why the regulation should have sought to change the burden on the employee. As Lord Templeman pointed out, the object was that the benefit and burden should devolve on the new employer. That would mean in the present context that the transferee should be able to enforce the same restriction. The more reasonable construction is in my judgment that the words "the transfer shall have effect . . "are to be read as referring to the transferee as the owner of the undertaking transferred or in respect of the undertaking transferred. The effect therefore is that [the relevant clause] can be enforced by the Plaintiffs if Mr Hollande within the year after 27th April 1992 does business with persons who in the previous year had done business with the undertaking transferred, of which the Plaintiffs are deemed as a result of the transfer retrospectively to have been the owner. The Plaintiffs are thus given locus standi to enforce the restriction". 1 Citers Carr v British International Helicopter [1994] ICR 18; [1993] BCC 855; [1994] 2 BCLC 474 1993 EAT Lord Coulsfield Employment, Insolvency, Scotland An employee claimed re-instatement following alleged unfair selection for redundancy by an administrator. Held. The effect of the 1986 Act was not that proceedings brought against a company in administration without consent or the permission of the court were a nullity, but only that they were liable to be stayed as other proceedings in section 11(3)(d). Lord Coulsfield said: "It seems to us that there is no way of construing section 11 so as to exclude from its scope claims under the employment protection legislation." Trade Union and Labour Relations (Consolidation) Act 1992 188 - Insolvency Act 1986 11(3)(d) 1 Citers Evans Executors v Metropolitan Police Authority [1993] ICR 151 1993 CA Employment The court considered that the approach in striking out an employment case should generally follow that in Birkett. 1 Cites 1 Citers Bolton Metropolitan Borough Council v Malrod Insulations Ltd Times, 04 August 1994; Gazette, 06 January 1993; [1993] ICR 358; (1993) 137 SJLB 13; [1993] IRLR 274; [1993] COD 391 6 Jan 1993 QBD Employment, Health and Safety The company had contracted to remove asbestos. Before work was to start, the inspector found defective equipment. The prosecutor appealed the acquittal on appeal to the Crown Court. Held: An employer's duty of care extends to all employees, and not just those working on a particular plant and even when the plant was not in use. The duty under s2 applied to all employees 'at work' and was not restricted to those intended to use the plant in question. The duty to provide safe equipment applied even though it had not been used. Health and Safety at Work Act 1974 2(1) 2(a) Borsey v Liberty Distribution Ltd [1993] UKEAT 49_92_1101 11 Jan 1993 EAT Employment [ Bailii ] Bridges v Rovard Facilities Ltd [1993] UKEAT 202_92_1101 11 Jan 1993 EAT Employment [ Bailii ] University of Cambridge v Murray [1993] UKEAT 96_92_1101 11 Jan 1993 EAT Employment [ Bailii ] National Association of Local Government Officers v London Borough of Bromley [1993] UKEAT 671_91_1101 11 Jan 1993 EAT Employment [ Bailii ] Discount Tobacco and Confectionary Ltd v Williamson [1993] UKEAT 327_90_1201 12 Jan 1993 EAT Employment [ Bailii ] Northampton Transport Ltd v Mizen [1993] UKEAT 433_91_1201 12 Jan 1993 EAT Employment [ Bailii ] Dunford Hepburn Plc v Quinnin [1993] UKEAT 548_91_1201 12 Jan 1993 EAT Employment [ Bailii ] Jago and others v Placketts Express Parcels Ltd [1993] UKEAT 226_92_1201 12 Jan 1993 EAT Employment [ Bailii ] Devon General Ltd v Seeney [1993] UKEAT 88_92_1301 13 Jan 1993 EAT Employment [ Bailii ] Mecca Leisure Group Plc v Chatprachong [1993] UKEAT 654_90_1301 13 Jan 1993 EAT Employment [ Bailii ] Rice v London Borough of Lambeth [1993] UKEAT 538_91_1301 13 Jan 1993 EAT Employment [ Bailii ] Copeman Hart and Co Ltd v Berzins [1993] UKEAT 183_91_1301 13 Jan 1993 EAT Employment [ Bailii ] Balfour v Foreign and Commonwealth Office [1993] UKEAT 182_92_1401 14 Jan 1993 EAT Employment [ Bailii ] Brown v Forbuoys Plc [1993] UKEAT 209_92_1401 14 Jan 1993 EAT Employment [ Bailii ] Gant v Middlesbrough Football and Athletic Co (1986) Ltd [1993] UKEAT 164_92_1401 14 Jan 1993 EAT Employment [ Bailii ] John Woodmans Coffee House v Sly and Another [1993] UKEAT 814_92_1501 15 Jan 1993 EAT Employment [ Bailii ] Walker Brothers (Galvanising) Ltd v Khan [1993] UKEAT 175_91_1501 15 Jan 1993 EAT Employment [ Bailii ] Troughton v Civil Aviation Authority [1993] UKEAT 318_92_1501 15 Jan 1993 EAT Employment [ Bailii ] Isonor v Department of Social Security [1993] UKEAT 52_92_1501 15 Jan 1993 EAT Employment [ Bailii ] Cambridgeshire County Council v Barnes [1993] UKEAT 592_92_1701 17 Jan 1993 EAT Employment [ Bailii ] Orbacourt Ltd (T/A Peter Long and Partners) v Burnett-Godfree [1993] UKEAT 5_92_1801 18 Jan 1993 EAT Employment [ Bailii ] Mahajan v Sun Alliance and London Assurance Co Ltd [1993] UKEAT 657_92_1801 18 Jan 1993 EAT Employment [ Bailii ] Dick and Another v Cambridge Health Authority [1993] UKEAT 193_92_1901 19 Jan 1993 EAT Employment [ Bailii ] Barclays Bank Plc v O'Brien and others [1993] UKEAT 220_91_1901 19 Jan 1993 EAT Employment 'Normal retiring age' 1 Cites 1 Citers [ Bailii ] Edwards v B and Q Plc [1993] UKEAT 233_92_1901 19 Jan 1993 EAT Employment [ Bailii ] Cruddas v East Mercia Co-Operative Society Ltd [1993] UKEAT 285_92_1901 19 Jan 1993 EAT Employment [ Bailii ] Bartholomew and others v London Borough of Haringey [1993] UKEAT 627_90_1901 19 Jan 1993 EAT Employment [ Bailii ] Nagalingam v Lewisham and North Southwark Health Authority [1993] UKEAT 90_92_1901 19 Jan 1993 EAT Employment [ Bailii ] Chidgey v G Percy Trentham Ltd [1993] UKEAT 583_90_2001 20 Jan 1993 EAT Employment [ Bailii ] Armitage Walker Ltd v Mortimer [1993] UKEAT 298_91_2001 20 Jan 1993 EAT Employment [ Bailii ] Harris v Royscot Financial Services Ltd [1993] UKEAT 56_92_2001 20 Jan 1993 EAT Employment [ Bailii ] London Borough of Greenwich v Garraway [1993] UKEAT 185_91_2101 21 Jan 1993 EAT Employment [ Bailii ] Bass Leisure v Thomas; EAT 21-Jan-1993 - [1993] UKEAT 47_92_2101 North Yorkshire County Council v Ratcliffe and others [1993] UKEAT 501_92_2101 21 Jan 1993 EAT Employment, Discrimination School catering assistants claimed equal pay under the Act. Their work had been valued as equal to that of men, but following a contracting out procedure, they earned less than men. Held: The Council had failed to show that the difference was due to a material factor other than the difference in sex. Equal Pay Act 1970 1 Cites 1 Citers [ Bailii ] Commissioner of the Metropolitan Police v Locker [1993] UKEAT 557_92_2201 22 Jan 1993 EAT Employment [ Bailii ] Imperial Express UK Ltd v Russ [1993] UKEAT 73_93_2201 22 Jan 1993 EAT Employment [ Bailii ] Messrs Graham and Peter May (T/A Sainsbury Brothers) v Pearson [1993] UKEAT 612_92_2201 22 Jan 1993 EAT Employment [ Bailii ] CGB Publishing v Killey [1993] UKEAT 305_92_2201 22 Jan 1993 EAT Employment [ Bailii ] Thurlby v Tanmade Ltd [1993] UKEAT 326_91_2501 25 Jan 1993 EAT Employment [ Bailii ] Arden v Bradley [1993] UKEAT 251_91_2501 25 Jan 1993 EAT Employment [ Bailii ] Quenchers Ltd v Mcshane [1993] UKEAT 514_92_2601 26 Jan 1993 EAT Employment [ Bailii ] Secretary of State for Employment v Reeves and others [1993] UKEAT 104_91_2601 26 Jan 1993 EAT Employment [ Bailii ] Whitefield v Lloyds Bank Plc [1993] UKEAT 771_92_2601 26 Jan 1993 EAT Employment [ Bailii ] Entwistle and others v IMI Air Conditioning Ltd [1993] UKEAT 174_91_2601 26 Jan 1993 EAT Employment [ Bailii ] Thompson v Teasdale Bakers Ltd [1993] UKEAT 302_91_2701 27 Jan 1993 EAT Employment [ Bailii ] Darnell v Trent Regional Health Authority [1993] UKEAT 422_90_2701 27 Jan 1993 EAT Employment [ Bailii ] Ring and Brymer Ltd v Cryer and others [1993] UKEAT 670_92_2801 28 Jan 1993 EAT Employment [ Bailii ] Crown Leisure Ltd v Waldron [1993] UKEAT 307_91_2801 28 Jan 1993 EAT Hicks QC Employment [ Bailii ] Mills (T/A Chudleigh Dairy) v Wills [1993] UKEAT 824_92_2801 28 Jan 1993 EAT Employment [ Bailii ] Ribble Motor Services Ltd v Ellis [1993] UKEAT 402_91_2901 29 Jan 1993 EAT Employment [ Bailii ] London Borough of Enfield v Wallace [1993] UKEAT 383_92_2901 29 Jan 1993 EAT Employment [ Bailii ] Pace Setters (Stoke) Ltd v Edwards [1993] UKEAT 268_92_0102 1 Feb 1993 EAT Employment [ Bailii ] Castle Inns Ltd v Kerchey [1993] UKEAT 664_92_0102 1 Feb 1993 EAT Employment [ Bailii ] Bakewell v Transam Trucking Ltd [1993] UKEAT 69_92_0102 1 Feb 1993 EAT Employment [ Bailii ] Kronospan Ltd v Oakley [1993] UKEAT 180_92_0102 1 Feb 1993 EAT Employment [ Bailii ] Pruden v Cunard Ellerman Ltd [1993] UKEAT 192_91_0202 2 Feb 1993 EAT Employment [ Bailii ] Rolls Royce Motor Cars Ltd v Price and others [1993] UKEAT 492_92_0202 2 Feb 1993 EAT Knox J Employment The company appealed against findings of unfair dismissal of the claimants, saying that they had been made redundant. The claimants said that the company had broken the agreed procedure, and that the dismissals were automatically unfair. Held. The appeal failed. The agreement was open to interpretation and the surrounding circumstances could be viewed. The company had applied what it said were discretions not to use the LIFO procedure in individual cases. Though the tribunal had been correct to find that there was a breach of the agreement, there were special reasons for the company to do so. However there had been insufficient consultation particularly as to application of the points system to the individuals involved. Employment Protection (Consolidation) Act 1978 59 1 Cites [ Bailii ] Sujeeun v St Johns College [1993] UKEAT 298_92_0202 2 Feb 1993 EAT Employment [ Bailii ] Berry v Travis Perkins Trading Co Ltd [1993] UKEAT 396_91_0202 2 Feb 1993 EAT Employment [ Bailii ] Chapman v Collins [1993] UKEAT 852_92_0302 3 Feb 1993 EAT Employment [ Bailii ] Weston v Metzeler (Uk) Ltd [1993] UKEAT 303_91_0202 3 Feb 1993 EAT Employment [ Bailii ] Government Communications Staff Federation v Certification Officer and Others Gazette, 03 February 1993 3 Feb 1993 EAT Employment Federation subject to employer control so not allowed certificate of independence. Trades Union & Labour Relations Act 1992 6 Compass Security Ltd v Jeffs [1993] UKEAT 89_91_0302 3 Feb 1993 EAT Employment [ Bailii ] Navarro v D P Hardy and Company [1993] UKEAT 932_93_0302 3 Feb 1993 EAT Employment [ Bailii ] Dunn v Texas Homecare Ltd [1993] UKEAT 655_93_0302 3 Feb 1993 EAT Employment [ Bailii ] Darnell v Trent Regional Health Authority [1993] UKEAT 422_90_0402 4 Feb 1993 EAT Employment [ Bailii ] Gent Ltd v Davies [1993] UKEAT 354_92_0402 4 Feb 1993 EAT Employment [ Bailii ] Hughes v Clwyd Health Authority and Another [1993] UKEAT 80_92_0502 5 Feb 1993 EAT Employment [ Bailii ] Mckenry v Northumbrian Fine Foods [1993] UKEAT 595_92_0502 5 Feb 1993 EAT Employment [ Bailii ] Dixon v Hylton Typeset [1993] UKEAT 470_92_0502 5 Feb 1993 EAT Employment [ Bailii ] Bmk Ltd and Another v Logue [1993] UKEAT 781_92_0502 5 Feb 1993 EAT Employment [ Bailii ] Kaur v Brose Ltd [1993] UKEAT 477_90_0802 8 Feb 1993 EAT Employment 1 Cites [ Bailii ] United Leeds Teaching Hospital v Walters [1993] UKEAT 258_92_0802 8 Feb 1993 EAT Employment [ Bailii ] H Turnbull and Co Ltd v Woolgar [1993] UKEAT 495_92_0902 9 Feb 1993 EAT Employment [ Bailii ] Mitchell v Arkwood Plastics (Engineering) Ltd [1993] UKEAT 237_91_0902 9 Feb 1993 EAT Employment [ Bailii ] Balfour v Foreign and Commonwealth Office; EAT 9-Feb-1993 - Gazette, 17 March 1993; Times, 09 February 1993 White v Public Health Laboratory Service Board [1993] UKEAT 83_92_0902 9 Feb 1993 EAT Employment [ Bailii ] Linbourne v B R Constable (Gatwick Moat House) [1993] UKEAT 338_92_0902; (1993) ICR 698 9 Feb 1993 EAT Employment The application proceeded against one named respondent. Even though the true identity of the intended defendant was known throughout, no application to substitute the correct defendant was made. An unfair diamissal was found, but not as against the named defendant, the triunal refused an application to substitute the correct defendant and the claim was lost. The employee appealed. Held: The EAT not only allowed the correct employer to be substituted for the original Respondent, but adopted the Employment Tribunal's findings on unfairness against the new Respondent, ordering that Respondent to pay compensation to the Applicant. However the new Respondent was given leave to apply for a review of the Employment Appeal Tribunals decision. 1 Cites 1 Citers [ Bailii ] Manifold Industries Ltd v Sims and 18 Ors [1993] UKEAT 223_91_1002 10 Feb 1993 EAT Employment [ Bailii ] Sunderland Polytechnic v Evans [1993] UKEAT 334_92_1102 11 Feb 1993 EAT Employment [ Bailii ] Hannigan v A B Stratos Ltd [1993] UKEAT 367_92_1102 11 Feb 1993 EAT Employment [ Bailii ] O'Neill v Borough Council of Wellingborough [1993] UKEAT 214_91_1502 15 Feb 1993 EAT Employment [ Bailii ] Wrench v Tomkinsons Carpets Ltd [1993] UKEAT 170_92_1502 15 Feb 1993 EAT Employment [ Bailii ] Smith v Opalrange Ltd [1993] UKEAT 261_92_1502 15 Feb 1993 EAT Employment [ Bailii ] John Lewis Plc v Jones [1993] UKEAT 709_92_1602 16 Feb 1993 EAT Employment [ Bailii ] Paduch v Whitman Laboratories Ltd [1993] UKEAT 200_92_1602 16 Feb 1993 EAT Employment [ Bailii ] Bowden v Northamptonshire Magistrates Court Committee and Another; CA 16-Feb-1993 - Times, 16 February 1993 Northamptonshire County Council v Dattani [1993] UKEAT 314_91_1702 17 Feb 1993 EAT Employment 1 Cites [ Bailii ] - [ Bailii ] Dowty Aerospace Ltd v Ballinger [1993] UKEAT 45_93_1702 17 Feb 1993 EAT Employment [ Bailii ] Adekeye v Post Office; EAT 17-Feb-1993 - Times, 23 March 1993; [1993] UKEAT 378_92_1702 Shah and Another v John Laing Services Ltd [1993] UKEAT 64_92_1802 18 Feb 1993 EAT Employment [ Bailii ] Dunn v Woolworth Plc [1993] UKEAT 191_92_1802 18 Feb 1993 EAT Employment [ Bailii ] King and Another (T/A Orwell House Restaurant) v Gear [1993] UKEAT 456_91_1802 18 Feb 1993 EAT Employment [ Bailii ] Hertfordshire County Council v Green [1993] UKEAT 184_91_1802 18 Feb 1993 EAT Employment [ Bailii ] Charles H Allen Ltd v Rawson [1993] UKEAT 466_92_1902 19 Feb 1993 EAT Employment [ Bailii ] Howard and Palmer v Roberts [1993] UKEAT 355_91_1902 19 Feb 1993 EAT Employment [ Bailii ] Satsavia v Automotive Products Plc [1993] UKEAT 766_92_2202 22 Feb 1993 EAT Employment [ Bailii ] Tyers v R F Brookes Ltd [1993] UKEAT 253_92_2202 22 Feb 1993 EAT Employment [ Bailii ] Cole and Others v George Bennett Bryson and Co Ltd Co Ind Summary, 22 March 1993; [1993] UKPC 6 22 Feb 1993 PC Employment, Financial Services (Barbuda) Where the amount of a pension was to be calculated by reference to the length of service and the greater of the pay at the time of retirement, or the average over the last three years, that pay was calculated as the total amount of pay or earnings of all kinds relating to the pensionable employment. [ Bailii ] Regina v British Coal Corporation, Ex Parte Price and Others (No 2) Times, 23 February 1993 23 Feb 1993 QBD Litigation Practice, Employment A Court having made a declaration in the course of a hearing, was then functus officio as regards that decision, and could not revisit it at a later hearing. Nor in this case was it possible for the Corporation to approach the court for a declaration in advance that a decision it might want to make would or would not be in contempt. Coal Industry Nationalisation Act 1946 46 British Coal Corporation v Smith and Others; EAT 23-Feb-1993 - Times, 23 February 1993 Post Office v Singh [1993] UKEAT 398_91_2302 23 Feb 1993 EAT Employment [ Bailii ] Department of Transport v Gallacher [1993] UKEAT 532_91_2302 23 Feb 1993 EAT Employment [ Bailii ] Brown v Wirral Metropolitan Borough Council [1993] UKEAT 129_92_2402 24 Feb 1993 EAT Employment [ Bailii ] Oakley v Gateway Foodmarkets Ltd [1993] UKEAT 543_92_2402 24 Feb 1993 EAT Employment [ Bailii ] Delta Synergistics Ltd v Young [1993] UKEAT 395_92_2402 24 Feb 1993 EAT Employment [ Bailii ] C S O Valuations Ag v Taylor [1993] UKEAT 105_93_2402 24 Feb 1993 EAT Employment [ Bailii ] Rushton v Harcross Timber and Building Supplies Ltd Gazette, 24 February 1993 24 Feb 1993 EAT Employment Additional ex gratia payments made by the employer on a dismissal were properly set off against any compensation awarded. Caledonian Mining Co Ltd v Bishop [1993] UKEAT 887_92_2502 25 Feb 1993 EAT Employment [ Bailii ] Pontardawe Public Hall and Institute v Richards [1993] UKEAT 186_92_2502 25 Feb 1993 EAT Employment [ Bailii ] Lumsdaine v E W (Holdings) Ltd [1993] UKEAT 615_92_2602 26 Feb 1993 EAT Employment [ Bailii ] Costa v Watford Automobiles [1993] UKEAT 392_92_2602 26 Feb 1993 EAT Employment [ Bailii ] Blackburn (T/A Harthill Bakery) v Dowker; EAT 1-Mar-1993 - [1993] UKEAT 193_91_0103 Jones and Another v Brown [1993] UKEAT 516_91_0203 2 Mar 1993 EAT Employment [ Bailii ] Gabel (T/A Auction International (M/Cr)) v Grimshaw [1993] UKEAT 649_92_0203 2 Mar 1993 EAT Employment [ Bailii ] Skinner v Hi-Miles Tyre Service Ltd [1993] UKEAT 623_92_0203 2 Mar 1993 EAT Employment [ Bailii ] Webb v EMO Air Cargo (UK) Ltd (No 1); HL 3-Mar-1993 - Gazette, 03 March 1993; [1993] 1 WLR 49; [1993] ICR 175; [1993] IRLR 27; [1992] UKHL 15 Ali v Wojnowski [1993] UKEAT 834_92_0303 3 Mar 1993 EAT Employment [ Bailii ] O'Brien v Web-Technics Ltd [1993] UKEAT 575_92_0403 4 Mar 1993 EAT Employment [ Bailii ] Board of Governors St Matthias Church of England School v Grizzle; EAT 4-Mar-1993 - Gazette, 21 April 1993; Independent, 04 March 1993 Finlake Leisure Ltd v Parker [1993] UKEAT 757_92_0403 4 Mar 1993 EAT Employment [ Bailii ] Waugh v LMC Drains Ltd and Another [1993] UKEAT 542_92_0503 5 Mar 1993 EAT Employment [ Bailii ] Nuffield Hospitals v Perkin [1993] UKEAT 359_92_0803 8 Mar 1993 EAT Employment [ Bailii ] O'Mullane v Ministry of Agriculture Fisheries and Food [1993] UKEAT 140_92_0803 8 Mar 1993 EAT Employment [ Bailii ] Shah Princes Hotel v Lain [1993] UKEAT 312_92_0803 8 Mar 1993 EAT Employment [ Bailii ] Union of Textile Workers v F A Morris Ltd (In Liquidation) [1993] UKEAT 484_91_0903 9 Mar 1993 EAT Employment [ Bailii ] Meltog Ltd v Jogee [1993] UKEAT 404_91_0903 9 Mar 1993 EAT Employment [ Bailii ] Select Plastics Ltd v Holland [1993] UKEAT 71_93_0903 9 Mar 1993 EAT Employment [ Bailii ] Hilton v Arthur Gresty Ltd [1993] UKEAT 661_92_0903 9 Mar 1993 EAT Employment [ Bailii ] Mazouzi v Hospital of St John and St Elizabeth [1993] UKEAT 306_92_0903 9 Mar 1993 EAT Employment [ Bailii ] Abrahams v Crown Prosecution Service [1993] UKEAT 829_92_0903 9 Mar 1993 EAT Employment [ Bailii ] Johnstone v BBC Enterprises Ltd Ind Summary, 31 May 1993; [1993] UKEAT 173_91_1003 10 Mar 1993 EAT Employment A failure to renew a fixed term employment contract can be a 'dismissal' not an 'action short of dismissal'. Employment Protection (Consolidation) Act 1978 [ Bailii ] Jones v University of Manchester; CA 10-Mar-1993 - Gazette, 10 March 1993; [1993] ICR 474; [1993] IRLR 21 Mayall and Co Ltd v King [1993] UKEAT 722_92_1003 10 Mar 1993 EAT Employment [ Bailii ] STC Submarine Systems v Piper [1993] UKEAT 7_92_1103 11 Mar 1993 EAT Employment [ Bailii ] Dalehead Foods Ltd v Appleton [1993] UKEAT 191_93_1103 11 Mar 1993 EAT Employment [ Bailii ] Ub (Ross Youngs) Ltd v Elsworthy [1993] UKEAT 264_91_1203 12 Mar 1993 EAT Employment [ Bailii ] Patel v Nagesan [1993] UKEAT 378_91_1203 12 Mar 1993 EAT Employment [ Bailii ] Richards v Wiltshire Stationery Co Ltd [1993] UKEAT 283_91_1503 15 Mar 1993 EAT Employment [ Bailii ] AMEC Design and Management Ltd v Bamford [1993] UKEAT 198_93_1503 15 Mar 1993 EAT Employment [ Bailii ] London Borough of Tower Hamlets v Bull [1993] UKEAT 153_91_1503 15 Mar 1993 EAT Employment [ Bailii ] Rentokil Ltd v Dews [1993] UKEAT 195_93_1503 15 Mar 1993 EAT Employment [ Bailii ] Strafford v Management Committee of Ashford Citizens Advice Bureau [1993] UKEAT 459_92_1503 15 Mar 1993 EAT Employment [ Bailii ] Sunderland Polytechnic v Evans Times, 16 March 1993 16 Mar 1993 EAT Employment The employee went on strike for a half day. The employer deducted a whole day's pay, and the employee sought to complain to the Industrial Tribunal that the extra half days deduction was unlawful. It was held that the tribunal had no power to hear the complaint. The deduction arose from the strike, and so was excluded under the section. The amount of the deduction could not affect the jurisdiction. Wages Act 1986 Commissioner of Metropolitan Police v Locker Times, 16 March 1993; Independent, 19 March 1993 16 Mar 1993 EAT Employment, Police Police grievance procedure documents were not protected from disclosure through public interest immunity. Griffin v London Pension Fund Authority Gazette, 17 March 1993 17 Mar 1993 EAT Employment Pension payments were not part of an employee's pay and were therefore not subject to discrimination legislation. Jane Saunders and Manning Ltd v Nicolau [1993] UKEAT 31_91_1703 17 Mar 1993 EAT Employment [ Bailii ] Dorena Nursing Home v Nicolaou [1993] UKEAT 666_91_1803 18 Mar 1993 EAT Employment [ Bailii ] Ullah v United Glass Ltd [1993] UKEAT 317_92_1803 18 Mar 1993 EAT Employment [ Bailii ] Rose v Tenco Industries Ltd [1993] UKEAT 137_92_1803 18 Mar 1993 EAT Employment [ Bailii ] Mitchell v Portland Plant Hire Ltd [1993] UKEAT 165_92_1803 18 Mar 1993 EAT Employment [ Bailii ] Wetstein v Misprestige Management Services Ltd and Another [1993] UKEAT 523_91_1903 19 Mar 1993 EAT Employment [ Bailii ] Oxford Polytechnic v Halpin [1993] UKEAT 148_92_1903 19 Mar 1993 EAT Employment [ Bailii ] Chan v Synchronised Systems Installations Ltd [1993] UKEAT 708_92_1903 19 Mar 1993 EAT Employment [ Bailii ] Gillard v Crapper and Sons Ltd [1993] UKEAT 655_92_1903 19 Mar 1993 EAT Employment [ Bailii ] D'Sa v Norville Optical Co Ltd [1993] UKEAT 682_92_2003 20 Mar 1993 EAT Employment [ Bailii ] Post Office v Massey [1993] UKEAT 568_92_2203 22 Mar 1993 EAT Employment [ Bailii ] Bass Leisure Ltd v Thomas; EAT 22-Mar-1993 - [1993] UKEAT 47_92_2203 Wadham Kenning Motor Group (T/A Wadham Stringer) v Avery and others [1993] UKEAT 405_91_2203 22 Mar 1993 EAT Employment [ Bailii ] Rolls Royce Motor Cars Ltd v Mair and others [1993] UKEAT 794_92_2303 23 Mar 1993 EAT Wood J Employment A substantial number of redundancies had been achieved through a process of grading and marking. 153 applicants claimed that their selection had been unfair, many criticising the objectivity of the criteria and/or unfairness in their application. The employers had already disclosed the marks scored by all employees, the individual ratings of the applicants, and the minutes of the Review Group which had applied those markings in working out the final basis for redundancy selection. It was decided to proceed by way of lead cases, and the Industrial Tribunal gave a preliminary direction to that effect, coupled with a direction for exchange of documents - to include on the employers' side their assessments of all employees in the relevant potential pool for selection, showing the score which each had achieved under each criteria. Held. The direction was over-ruled. Wood J said: "we are of the opinion that the learned Chairman erred in failing to isolate the specimen cases and to identify the relevant issues in each case; and in failing to address his mind to the necessity for each limb of discovery at the present stage. We also take the view that the Order made was oppressive and if used as a precedent could exacerbate industrial relations and run counter to the fundamental basis of trust and confidence between an employer and each of his employees - not only those involved in the present litigation." 1 Citers [ Bailii ] A H Carter and Sons v Cliff [1993] UKEAT 262_91_2303 23 Mar 1993 EAT Employment [ Bailii ] Regina v Minister for the Civil Service, Ex Parte Lane Times, 23 March 1993 23 Mar 1993 CA Employment, Financial Services An employee who received as part of his salary a language skills allowance was entitled to be paid a pension on that part of his earnings. Charndown Traffic Ltd v Rice [1993] UKEAT 642_92_2403 24 Mar 1993 EAT Employment [ Bailii ] Khan v General Medical Council Independent, 24 March 1993; [1993] UKEAT 366_92_1802 24 Mar 1993 EAT Employment, Health Professions An Asian Doctor had repeatedly been refused full registration by the council. It was held that he could not bring a claim of indirect discrimination, because he had not exhausted his rights of appeal. An application for review under the Act gave sufficient opportunity of redress being by way of an independent hearing capable of overturning the original decision. Race Relations Act 1976 12 - Medical Act 1983 1 Cites 1 Citers [ Bailii ] British Telecommunications Plc v Doran [1993] UKEAT 223_93_2503 25 Mar 1993 EAT Employment [ Bailii ] Royal Brompton Hospital v Belcher [1993] UKEAT 206_93_2603 26 Mar 1993 EAT Employment [ Bailii ] Systems Ltd v Woods [1993] UKEAT 470_91_2603 26 Mar 1993 EAT Employment [ Bailii ] Allmakes Ltd v Boorman [1993] UKEAT 695_92_2603 26 Mar 1993 EAT Employment The company had when terminating the claimant's employment paid him a sum stated to include his statutory redundancy entitlement. The tribunal had found him to have been unfairly dismissed. Held: The payment should have been deducted from his statutory compensation. Employment Protection (Consolidation) Act 1978 79(3) 1 Cites 1 Citers [ Bailii ] Joseph v Bass Inns and Taverns Ltd [1993] UKEAT 574_91_2903 29 Mar 1993 EAT Employment [ Bailii ] Johnstone v Crowhurst and Partners [1993] UKEAT 224_93_2903 29 Mar 1993 EAT Employment [ Bailii ] Bestwide Ltd (T/A Telford Hotel Golf and Country Club) v Butler [1993] UKEAT 572_92_2903 29 Mar 1993 EAT Employment [ Bailii ] Petch v Customs and Excise Commissioners Ind Summary, 29 March 1993; [1993] ICR 789 29 Mar 1993 CA Negligence, Employment A former employer has no duty of care regarding the accuracy of information provided to the trustees of a pension fund regarding the work record of that employee. 1 Citers Miller v Post Office [1993] UKEAT 310_92_2903 29 Mar 1993 EAT Employment [ Bailii ] Chandler and others v London Borough of Ealing [1993] UKEAT 532_92_2903 29 Mar 1993 EAT Employment [ Bailii ] Uzoma v London Borough of Tower Hamlets [1993] UKEAT 230_92_3003 30 Mar 1993 EAT Employment [ Bailii ] Klinke v Court of Justice T-30/92; [1993] EUECJ T-30/92 30 Mar 1993 ECFI Employment Officials - Application for appointment to the higher grade in career bracket A 7/A 6. [ Bailii ] Glowtoll Ltd v Slimming [1993] UKEAT 243_93_3103 31 Mar 1993 EAT Employment [ Bailii ] Ledger v London Borough of Hammersmith and Fulham [1993] UKEAT 397_91_3103 31 Mar 1993 EAT Employment [ Bailii ] Britool Ltd v Roberts and others [1993] UKEAT 394_92_0104; [1993] IRLR 48 1 Apr 1993 EAT Employment 1 Cites [ Bailii ] Format Interiors Ltd v Mcginley [1993] UKEAT 354_91_0204 2 Apr 1993 EAT Employment [ Bailii ] Grieves v Nalgo [1993] UKEAT 748_92_0504 5 Apr 1993 EAT Employment [ Bailii ] Squire v Hannam [1993] UKEAT 93_93_0604 6 Apr 1993 EAT Employment [ Bailii ] Kenny and Another v South Manchester College Times, 06 April 1993 6 Apr 1993 QBD Employment Employees' rights safeguarded under Community Law following tendering. Transfer of Undertakings (Protection of Employment) Regulations 1981 (1981 No 1794) Duffy v Yeomans and Partners Ltd [1993] UKEAT 530_91_0704 7 Apr 1993 EAT Employment 1 Cites 1 Citers [ Bailii ] Hollowell v Balaam (T/A Alexandra Beauty Clinic) [1993] UKEAT 90_93_0704 7 Apr 1993 EAT Employment [ Bailii ] Co-Operative Retail Services Ltd v Savage [1993] UKEAT 200_91_0704 7 Apr 1993 EAT Employment [ Bailii ] D'Souza v London Borough of Lambeth [1993] UKEAT 82_93_2004 20 Apr 1993 EAT Employment [ Bailii ] Simmette Ltd v Pedelty [1993] UKEAT 13_91_2004 20 Apr 1993 EAT Employment [ Bailii ] Iredale v Huddersfield Health Authority [1993] UKEAT 377_90_2004 20 Apr 1993 EAT Employment [ Bailii ] Simmette Ltd v Pedelty [1993] UKEAT 13_91_2004 20 Apr 1993 EAT Employment [ Bailii ] I L Wastepaper (Uk) Ltd v Constable [1993] UKEAT 225_93_2104 21 Apr 1993 EAT Employment [ Bailii ] Heron v Citylink- Nottingham [1993] UKEAT 409_91_2104 21 Apr 1993 EAT Employment [ Bailii ] Quazi v Crawley Borough Council [1993] UKEAT 167_91_2204 22 Apr 1993 EAT Employment [ Bailii ] Woolcock v J S M Properties Ltd [1993] UKEAT 681_92_2204 22 Apr 1993 EAT Employment [ Bailii ] Gilbert v Portsmouth Publishing and Printing Ltd [1993] UKEAT 63_93_2604 26 Apr 1993 EAT Employment [ Bailii ] Jain v Toshiba International (Europe) Ltd [1993] UKEAT 659_92_2604 26 Apr 1993 EAT Employment [ Bailii ] Ogilvie v Harehills Conservative Club Ltd and Another [1993] UKEAT 449_92_2604 26 Apr 1993 EAT Employment [ Bailii ] Shevlin v Coventry Free Church Homes for the Aged [1993] UKEAT 403_90_2604 26 Apr 1993 EAT Employment [ Bailii ] Wandsworth London Borough Council v National Ass of Schoolmasters/Union of Women Teachers Independent, 27 April 1993 27 Apr 1993 CA Employment Action in furtherance of trade dispute was lawful even with other and additional motives. Trades Union & Labour Relations Act 1992 Basil Wyatt and Sons Ltd v McCarthy and Another [1993] UKEAT 104_93_2704 27 Apr 1993 EAT Employment [ Bailii ] Cottage Bakery v Fear; EAT 27-Apr-1993 - [1993] UKEAT 247_92_2704 Post Office v Ramkissoon [1993] UKEAT 357_91_2804 28 Apr 1993 EAT Employment [ Bailii ] Crowther Homes Ltd v Tyson [1993] UKEAT 101_93_2804 28 Apr 1993 EAT Employment [ Bailii ] Maynard v De Long and Another [1993] UKEAT 329_93_2904 29 Apr 1993 EAT Employment [ Bailii ] Katigbak v Exchange International [1993] UKEAT 403_91_2904 29 Apr 1993 EAT Employment 1 Cites [ Bailii ] Berman v Cam Profiles Ltd [1993] UKEAT 795_92_2904 29 Apr 1993 EAT Employment [ Bailii ] Gilbert v Portsmouth Publishing and Printing Ltd [1993] UKEAT 63_93_2904 29 Apr 1993 EAT Employment [ Bailii ] Lloyd v Thames Water Utilities Ltd [1993] UKEAT 456_90_2904 29 Apr 1993 EAT Employment [ Bailii ] Croydon Advertiser Group Ltd v Clinton [1993] UKEAT 468_91_3004 30 Apr 1993 EAT Employment [ Bailii ] Samson v City and Hackney Health Authority [1993] UKEAT 634_90_3004 30 Apr 1993 EAT Employment [ Bailii ] East Surrey District Health Authority v Paul [1993] UKEAT 328_91_0405 4 May 1993 EAT Wood J P Employment 1 Citers [ Bailii ] Letford v Derbyshire County Council [1993] UKEAT 299_91_0405 4 May 1993 EAT Employment [ Bailii ] Duffield v Constructa-Stor Installation Services Ltd [1993] UKEAT 1026_93_0405 4 May 1993 EAT Employment [ Bailii ] Associated British Ports v Palmer and Others; Associated Newspapers Ltd v Wilson; CA 5-May-1993 - Gazette, 07 July 1993; Times, 05 May 1993; Independent, 05 May 1993; Times, 05 May 1993; [1994] ICR 97 Fleur De Lys Automobile Manufacturing Ltd v Terry [1993] UKEAT 782_92_0505 5 May 1993 EAT Employment [ Bailii ] Department of Transport v Gallagher Times, 05 May 1993 5 May 1993 QBD Employment Civil servant properly passed over for promotion for union membership. Byrne v Rehau Ltd [1993] UKEAT 42_93_0705 7 May 1993 EAT Employment [ Bailii ] Blackwell v St Dunstan's Middle School [1993] UKEAT 607_92_0705 7 May 1993 EAT Employment [ Bailii ] Sheffield Co-Operative Society Ltd v Emmingham; EAT 10-May-1993 - [1993] UKEAT 693_92_1005 Semoff v Liverpool School of Tropical Medicine [1993] UKEAT 721_92_1105 11 May 1993 EAT Employment [ Bailii ] Northern General Hospital NHS Trust v Gale Times, 11 May 1993; [1993] UKEAT 1_93_3003 11 May 1993 EAT Employment Continuous employment may be lost by transfer to hospital trust. National Health Services & Community Care Act 1990 [ Bailii ] Phillips v Mid Essex Health Authority [1993] UKEAT 926_92_1105 11 May 1993 EAT Employment [ Bailii ] Waller v Bass (North) Charrington [1993] UKEAT 573_92_1205 12 May 1993 EAT Employment [ Bailii ] London Borough of Ealing v Singh [1993] UKEAT 370_91_1205 12 May 1993 EAT Employment 1 Cites [ Bailii ] Sharma v Viva Video Club [1993] UKEAT 697_92_1205 12 May 1993 EAT Employment 1 Cites [ Bailii ] Thorpe v Milltrex Ltd and Another [1993] UKEAT 665_92_1305 13 May 1993 EAT Employment [ Bailii ] Witter v Securicor Ltd [1993] UKEAT 109_91_1305 13 May 1993 EAT Employment [ Bailii ] Bird (T/A Mayfair Nursing Home) v Honey [1993] UKEAT 14_93_1305 13 May 1993 EAT Employment [ Bailii ] Brand v Paper Chain (East Anglia) Ltd [1993] UKEAT 653_92_1405 14 May 1993 EAT Employment [ Bailii ] Milton v East Dorset Health Authority and Another [1993] UKEAT 364_90_1705 17 May 1993 EAT Employment [ Bailii ] Sibson v United Kingdom (Case 4/1992/349/422) Ind Summary, 24 May 1993; Times, 17 May 1993; [1993] ECHR 18; 14327/88; [1993] ECHR 18 17 May 1993 ECHR Human Rights, Employment Employer insisting that an employee join a particular union on a site is not breaching the employees convention rights. Hudoc Preliminary objection joined to merits (non-exhaustion); No violation of Art. 11 [ Bailii ] - [ Bailii ] Wharfedale Loudspeakers Ltd v Poynton [1993] UKEAT 82_92_1805 18 May 1993 EAT Employment [ Bailii ] O'Callaghan v Notting Hill Housing Trust [1993] UKEAT 516_92_1805 18 May 1993 EAT Employment 1 Cites [ Bailii ] Shakespeare v Hall and Tawse Western Ltd [1993] UKEAT 634_92_1805 18 May 1993 EAT Employment [ Bailii ] Kyberd v Frank Booth Group [1993] UKEAT 877_92_1905 19 May 1993 EAT Employment [ Bailii ] Martin Boston and Co v John [1993] UKEAT 166_92_1905 19 May 1993 EAT Employment [ Bailii ] Burridge v C and H Tool Supplies Ltd [1993] UKEAT 618_92_1905 19 May 1993 EAT Employment [ Bailii ] B and B Gale Ltd (T/A Chic Cane and Pine) v Morrison [1993] UKEAT 898_92_1905 19 May 1993 EAT Employment [ Bailii ] Riverside Health Authority v Clarke [1993] UKEAT 582_91_2005 20 May 1993 EAT Employment [ Bailii ] Wolesley Centers Ltd v Simmons [1993] UKEAT 555_92_2405; [1994] ICR 503 24 May 1993 EAT Employment The EAT considered the Polkey principle: "a finding that a dismissal is unfair does not mean that an employee is entitled to full compensation for the loss resulting from the loss of his job. He is only entitled to the loss he has sustained which is attributable to action taken by the employer, so that, if he would have been dismissed even if the employer had acted properly and fairly, the employee's compensatory award is likely to be small or even nil. In Polkey v A E Dayton Services Ltd [1988] I.C.R. 142, 163 Lord Bridge of Harwich quoted with approval dicta of Browne-Wilkinson J. in Sillifant v. Powell Duffryn Timber Ltd. [1983] IRLR 91, 96: "There is no need for an 'all or nothing' decision. If the industrial tribunal thinks there is a doubt whether or not the employee would have been dismissed, this element can be reflected by reducing the normal amount of compensation by a percentage representing the chance that the employee would still have lost his employment." We think that it follows from the Polkey decision and from later authorities, including Red Bank Manufacturing Co. Ltd. v Meadows [1992] ICR 204; Rao v. Civil Aviation Authority [1992] I.C.R. 503; K. P. G. Computer Support Services Ltd. v Abayomi (unreported), 21 December 1992 and Dunlop Ltd. v Farrell [1993] I.C.R. 885, that the assessment of the compensatory award in this kind of case involves a two-stage process. First, the tribunal must ask itself whether if the employer had followed the proper procedures and acted fairly the employee would not have been dismissed. If the answer to that question is reasonably clear one way or the other, there is no difficulty. But in many cases the answer will be uncertain, in which situation, in order to give proper effect to section 74(1) of the Act of 1978 and the dicta of Browne-Wilkinson J. set out above, the tribunal must, as the second stage of the process, make a percentage assessment of the likelihood of the employee being retained which must then be reflected in the compensatory award." 1 Cites 1 Citers [ Bailii ] Cleveland Transit Ltd v Walton [1993] UKEAT 578_91_2405 24 May 1993 EAT Employment [ Bailii ] Polychronopulus v Satellites International Ltd [1993] UKEAT 5_93_2505 25 May 1993 EAT Employment [ Bailii ] W E Sykes (Halifax) Ltd v Thomas [1993] UKEAT 388_93_2505 25 May 1993 EAT Employment [ Bailii ] London Hoist Ltd v Key [1993] UKEAT 140_93_2505 25 May 1993 EAT Employment [ Bailii ] Chakraborty v London Borough of Islington [1993] UKEAT 846_92_2505 25 May 1993 EAT Employment [ Bailii ] Regina v Board of Trustees of the Science Museum Gazette, 26 May 1993; [1993] 1 WLR 1171 26 May 1993 CA Steyn LJ Employment, Health and Safety The appellants were convicted of failing to conduct their undertaking in such a way as to ensure, so far as was reasonably practicable, persons not in their employment were not exposed to risks to their health and safety. One of their buildings contained two cooling towers which, when inspected, were found to contain the bacteria which causes legionnaire's disease. No-one had actually succumbed to that disease, but there was a risk to health and safety and the prosecution's case was that prima facie there was a breach of section 3(1) because the appellants had failed to ensure that persons not in their employment were not exposed to that risk. The appellants contended that no actual risk to the public had been established. Held: Section 3(3) of the 1974 Act contains an absolute prohibition subject only to the defence in the section of reasonable practicality. The court referred to the concept of risk as containing the idea of "a possibility of danger". Steyn LJ said that the ordinary meaning of the word "risks" supported the prosecution's interpretation that the section was concerned with the possibility of danger: "The adoption of the restrictive interpretation argued for by the defence would make enforcement of section 3(1), and to some extent also of sections 20, 21 and 22, more difficult and would in our judgment result in a substantial emasculation of a central part of the Act of 1974. The interpretation which renders those statutory provisions effective in their role of protecting public health and safety is to be preferred." Health and Safety at Work Act 1974 3(1) 33 1 Citers Ealing, Hammersmith and Hounslow Family Health Services Authority v Shukla [1993] UKEAT 176_91_2805 28 May 1993 EAT Employment [ Bailii ] Wagstaff Bros Ltd (T/A Wagstaff Office Equipment Group) v Knight [1993] UKEAT 351_92_0806 8 Jun 1993 EAT Employment [ Bailii ] Spragg v Texas Homecare [1993] UKEAT 190_93_0906 9 Jun 1993 EAT Employment [ Bailii ] Payne and others v Port of London Authority [1993] UKEAT 40_93_0906 9 Jun 1993 EAT Employment 1 Cites 1 Citers [ Bailii ] Dunlop Ltd v Farrell [1993] UKEAT 113_93_0906 9 Jun 1993 EAT Employment [ Bailii ] Complete Gardeners Ltd v Chandler [1993] UKEAT 346_93_1006 10 Jun 1993 EAT Employment [ Bailii ] Ball v Marsden [1993] UKEAT 12_93_1106 11 Jun 1993 EAT Employment [ Bailii ] Huffer v Hepworth Building Products [1993] UKEAT 685_92_1106 11 Jun 1993 EAT Employment [ Bailii ] Mason v Ford Motor Co Ltd [1993] UKEAT 221_91_1406 14 Jun 1993 EAT Employment [ Bailii ] Adams and Another v Telecom Security Ltd [1993] UKEAT 584_91_1406 14 Jun 1993 EAT Employment [ Bailii ] Wace Print Group Ltd (T/A Brandprint) v Barraclough and Another [1993] UKEAT 564_92_1506 15 Jun 1993 EAT Employment [ Bailii ] Greenaway Harrison Ltd v Wiles [1993] UKEAT 304_92_1506 15 Jun 1993 EAT Employment [ Bailii ] England v National Westminster Bank Plc [1993] UKEAT 382_93_1506 15 Jun 1993 EAT Employment [ Bailii ] Obeng v Fancy That of London Ltd [1993] UKEAT 288_93_1606 16 Jun 1993 EAT Employment [ Bailii ] Hodges v Cook Plant Sales Ltd [1993] UKEAT 99_93_1606 16 Jun 1993 EAT Employment [ Bailii ] Walden Engineering Co Ltd v Warrener [1993] UKEAT 104_92_1706 17 Jun 1993 EAT Employment [ Bailii ] Newman v Polytechnic of Wales Students Union [1993] UKEAT 756_92_1706 17 Jun 1993 EAT Employment [ Bailii ] Anglo Scottish Petroleum Co Ltd v Hyland [1993] UKEAT 768_92_1806 18 Jun 1993 EAT Employment 1 Cites [ Bailii ] Sinclair v J Sainsburys Plc [1993] UKEAT 250_93_1806 18 Jun 1993 EAT Employment [ Bailii ] G K N Kwikform Ltd v Keogh [1993] UKEAT 79_93_2106 21 Jun 1993 EAT Employment [ Bailii ] TNT Express (UK) Ltd v Downes and others; EAT 23-Jun-1993 - [1993] UKEAT 357_92_2306 Berry v Ravensbourne Trust [1993] UKEAT 149_93_2306 23 Jun 1993 EAT Employment [ Bailii ] Sinclair v Wind Energy Group Ltd [1993] UKEAT 474_90_2406 24 Jun 1993 EAT Employment [ Bailii ] Hosny v General Medical Council [1993] UKEAT 1010_92_2406 24 Jun 1993 EAT Employment 1 Cites [ Bailii ] Ipswich Borough Council v Hutchinson [1993] UKEAT 890_92_2406 24 Jun 1993 EAT Employment [ Bailii ] Allison v Yearwood-Grazette [1993] UKEAT 471_93_2406 24 Jun 1993 EAT Employment [ Bailii ] Midland Bank Plc v Samuels [1993] UKEAT 672_92_2806 28 Jun 1993 EAT Employment [ Bailii ] London Borough of Brent v Gray [1993] UKEAT 924_92_2806 28 Jun 1993 EAT Employment [ Bailii ] Londis (Holdings) Ltd v Wandless [1993] UKEAT 69_93_2806 28 Jun 1993 EAT Employment [ Bailii ] Taylor v Suddards and others [1993] UKEAT 728_91_2806 28 Jun 1993 EAT Employment [ Bailii ] Harber v North London Polytechnic [1993] UKEAT 57_92_2906 29 Jun 1993 EAT Employment 1 Citers [ Bailii ] Home Shopping Network (Uk) Ltd (T/A Home Express) v Kennell [1993] UKEAT 283_93_2906 29 Jun 1993 EAT Employment [ Bailii ] Coral Racing Ltd v Gough [1993] UKEAT 33_93_2906 29 Jun 1993 EAT Employment [ Bailii ] Pace v Lyalvale Ltd [1993] UKEAT 629_92_2906 29 Jun 1993 EAT Employment [ Bailii ] Kandil FRCS v General Medical Council [1993] UKEAT 54_92_2906 29 Jun 1993 EAT Employment [ Bailii ] Arun Estate Agencies Ltd v Parish [1993] UKEAT 590_92_3006 30 Jun 1993 EAT Employment [ Bailii ] Pertemps Group Plc v Nixon [1993] UKEAT 496_91_3006 30 Jun 1993 EAT Employment [ Bailii ] Uttlesford District Council v Savill and Another [1993] UKEAT 847_92_3006 30 Jun 1993 EAT Employment [ Bailii ] Trevett v London Borough of Camden [1993] UKEAT 463_92_0107 1 Jul 1993 EAT Employment [ Bailii ] Ministry of Defence v Sullivan [1993] UKEAT 159_93_0107 1 Jul 1993 EAT Employment [ Bailii ] Howe v Whitbread Plc [1993] UKEAT 753_92_0207 2 Jul 1993 EAT Employment [ Bailii ] Charles H Allen Ltd v Rawson [1993] UKEAT 466_92_0207 2 Jul 1993 EAT Employment [ Bailii ] Kilgour Engineering Ltd v Bryan [1993] UKEAT 423_91_0507 5 Jul 1993 EAT Employment [ Bailii ] Ramdas v British Railways Board [1993] UKEAT 321_93_0507 5 Jul 1993 EAT Employment [ Bailii ] J D Williams and Co Ltd v Shearer [1993] UKEAT 730_92_0507 5 Jul 1993 EAT Employment [ Bailii ] Wilks v American Express Europe Ltd [1993] UKEAT 742_92_0507 5 Jul 1993 EAT Employment [ Bailii ] Charlton v Walsh (T/A Lovers Lane Transport) [1993] UKEAT 858_92_0507 5 Jul 1993 EAT Employment [ Bailii ] Birtwistle v Euro-Compound (Uk) Ltd [1993] UKEAT 317_93_0507 5 Jul 1993 EAT Employment [ Bailii ] British Telecommunications Plc v Kidd [1993] UKEAT 835_92_0507 5 Jul 1993 EAT Employment [ Bailii ] Merseyside Transport Ltd v Jones [1993] UKEAT 187_93_0607 6 Jul 1993 EAT Employment [ Bailii ] Kirk v Dodds [1993] UKEAT 132_93_0607 6 Jul 1993 EAT Employment [ Bailii ] Comitu Central d'Entreprise de la SA Vittel and Comitu d'Etablissement de Pierval v Commission of the European Communities T-12/93 6 Jul 1993 ECFI European, Employment ECFI Where the effect of suspending the operation of a Commission decision authorizing, at the request of employees' representative bodies in some of the undertakings concerned, a concentration between undertakings pursuant to Regulation No 4064/89 would be to suspend the authorization granted throughout the course of the proceedings before the Court, and where the effect of granting the interim measures applied for in the alternative would be to prolong the existence of a dominant position liable to have irreversible repercussions on competition in the sector concerned, it is incumbent on the judge hearing the application for interim measures to weigh all the interests involved. Accordingly, not only must the interests of the applicants be balanced against the Commission' s interest in restoring effective competition but regard must also be had to the interests of third parties, in particular the undertakings concerned, so as to avoid both the creation of an irreversible situation and serious and irreparable damage to one of the parties to the proceedings or to a third party or else to the public interest. In circumstances such as those, there is no justification for granting the measures sought unless it appears that the employees represented by the applicants would otherwise be exposed to a situation jeopardizing their future position. In this case, the decision at issue cannot, in principle, have repercussions on the rights of the employees of the undertakings concerned and there is no risk of direct damage to them such as to justify the grant of interim measures. As regards the damage which the employees of the transferor allege would result from the fact that, in their view, the transfer runs counter to their right to maintenance of the assets of the undertaking, the applicants, merely referring to the minimal amount of the financial consideration given for the transfer, have not shown how a decrease in the assets of that undertaking would be liable, at first sight, to entail a risk of serious and irreparable damage regarding the maintenance of employment within the undertaking. In any event, it is common ground that the transfer price derives not from the Commission decision but from the negotiations undertaken by the undertakings concerned. As regards the damage that the employees of the undertaking to be transferred allege they would suffer by ceasing to enjoy the social advantages conferred on them either by their individual contracts or by the collective agreement in force in the transferor undertaking, Articles 3 and 4 of Directive 77/187/EEC on the approximation of the laws of the Member States relating to the safeguarding of employees' rights in the event of transfers of undertakings provide that a transferor's rights and obligations arising from a contract of employment or from an employment relationship are transferred to the transferee. Moreover, under the applicable domestic employment legislation, any collective employment agreement of indefinite duration may be repudiated by the parties to it under the conditions laid down therein. It follows that, even if the alleged damage appears sufficiently certain, it cannot be a direct result of the Commission decision. Just as the decision does not require the new employers to call in question the collective agreement applicable to the employees of the undertaking transferred, suspension of its transfer would not provide any protection against the possibility of repudiation of the collective agreement in force. 1 Citers Tibbatts Associates Ltd v Cameron [1993] UKEAT 407_92_0607 6 Jul 1993 EAT Employment [ Bailii ] Ahmed v Kentucky Fried Chicken (Gb) Ltd [1993] UKEAT 197_93_0607 6 Jul 1993 EAT Employment [ Bailii ] Green-Wheeler v Onyx (UK) Ltd [1993] UKEAT 925_92_0607 6 Jul 1993 EAT Employment 1 Cites [ Bailii ] Bari v Lesme S and A Ltd (Stewart and Arnold) Ltd [1993] UKEAT 601_90_0607 6 Jul 1993 EAT Employment [ Bailii ] Ali v Bass Taverns Ltd (T/A Bass Taverns North West) [1993] UKEAT 680_92_0707 7 Jul 1993 EAT Employment [ Bailii ] Patel v City of Bradford Metropolitan Council [1993] UKEAT 543_91_0707 7 Jul 1993 EAT Employment [ Bailii ] Isonor v Department of Social Security [1993] UKEAT 429_93_0707 7 Jul 1993 EAT Employment [ Bailii ] Smeda v Speedy Hire Centres Ltd [1993] UKEAT 751_92_0707 7 Jul 1993 EAT Employment [ Bailii ] Isonor v Department of Social Security [1993] UKEAT 52_92_0707 7 Jul 1993 EAT Employment [ Bailii ] B L Saville Builders v Youens [1993] UKEAT 922_92_0807 8 Jul 1993 EAT Employment [ Bailii ] Dines and others v Initial Healthcare Services and Another [1993] UKEAT 126_93_0807 8 Jul 1993 EAT Employment 1 Cites 1 Citers [ Bailii ] Hooper v Cheap Jacks Retail (Avon) Ltd [1993] UKEAT 647_91_0807 8 Jul 1993 EAT Employment [ Bailii ] R C Michael v London Underground Ltd [1993] UKEAT 427_89_0807 8 Jul 1993 EAT Employment [ Bailii ] Boateng v Sugrue and Another [1993] UKEAT 133_93_0807 8 Jul 1993 EAT Employment 1 Citers [ Bailii ] Dixon v Home Office [1993] UKEAT 26_93_0807 8 Jul 1993 EAT Employment [ Bailii ] Cato v West Midlands Regional Health Authority [1993] UKEAT 434_92_0907 9 Jul 1993 EAT Employment [ Bailii ] Driver v Fractional Hp Motors Ltd [1993] UKEAT 731_92_0907 9 Jul 1993 EAT Employment [ Bailii ] Hartwell Commercial Group Ltd v Brand and Another [1993] UKEAT 491_92_0907 9 Jul 1993 EAT Employment [ Bailii ] Nott v Odedra and Another [1993] UKEAT 114_92_1207 12 Jul 1993 EAT Employment [ Bailii ] Oil Ltd v Aldred [1993] UKEAT 755_92_1207 12 Jul 1993 EAT Employment [ Bailii ] Weston v Automated Business Centres (East Anglia) Ltd and Another [1993] UKEAT 118_92_1207 12 Jul 1993 EAT Employment [ Bailii ] Oxenbury v Coral Entertainment Ltd [1993] UKEAT 550_92_1207 12 Jul 1993 EAT Employment [ Bailii ] Pooley (T/A Goldline Engineering) v Jones and others [1993] UKEAT 718_92_1207 12 Jul 1993 EAT Employment [ Bailii ] Ferry Casinos Ltd v Fewster [1993] UKEAT 408_91_1307 13 Jul 1993 EAT Employment [ Bailii ] Wood v Brown and Root Vickers Ltd [1993] UKEAT 274_92_1307 13 Jul 1993 EAT Employment [ Bailii ] Sencicle v the University of Kent at Canterbury [1993] UKEAT 289_93_1307 13 Jul 1993 EAT Employment [ Bailii ] D'Amore v Mostyn Hotel [1993] UKEAT 713_92_1307 13 Jul 1993 EAT Employment [ Bailii ] Qureshi v Burnley Borough Council [1993] UKEAT 916_92_1307 13 Jul 1993 EAT Employment [ Bailii ] Swithland Motors Plc v Clarke and others; EAT 14-Jul-1993 - [1993] UKEAT 329_92_1407; [1994] ICR 231 Christian Salvesen Food Services Ltd v Dodd [1993] UKEAT 84_93_1407 14 Jul 1993 EAT Employment [ Bailii ] Knijff v Court of Auditors of the European Communities T-55/92; [1993] EUECJ T-55/92 14 Jul 1993 ECFI Employment ECJ 1. Officials - Actions - Prior complaint through official channels - Time-limits - Matter of public policy - Expiry - Re-opening - Conditions - New fact - Request under Article 90(1) of the Staff Regulations - No effect (Staff Regulations, Arts 90 and 91) 2. Officials - Actions - Prior complaint through official channels - Implied decision rejecting a request not challenged within the time-limit - Subsequent express decision - Confirmatory measure - Expiry (Staff Regulations, Arts 90 and 91) [ Bailii ] Brighton Borough Council and Another v Richards [1993] UKEAT 431_92_1407 14 Jul 1993 EAT Employment [ Bailii ] Catering and Allied Services (London) Ltd v Howell [1993] UKEAT 365_93_1407 14 Jul 1993 EAT Employment [ Bailii ] Ely v YKK Fasteners (UK) Ltd Times, 15 July 1993; Independent, 23 July 1993 15 Jul 1993 CA Employment Belief that an employee had resigned was sufficient to justify dismissal. The expression of a wish to resign is capable of being "some other substantial reason for dismissal". Employment Protection (Consolidation) Act 1978 57(1)(b) Murray Anthony Property Co Ltd v Jaffer [1993] UKEAT 773_92_1507 15 Jul 1993 EAT Employment [ Bailii ] Metroline Travel Ltd v Cowan [1993] UKEAT 249_91_1507 15 Jul 1993 EAT Employment [ Bailii ] Medical Services International Ltd (T/A Cromwell Hospital) v Ismail [1993] UKEAT 606_91_1507 15 Jul 1993 EAT Employment [ Bailii ] Acorn Joinery v Kavanagh and Another [1993] UKEAT 747_92_1507 15 Jul 1993 EAT Employment [ Bailii ] Jeetoo v Liverpool Health Authority [1993] UKEAT 9_92_1507 15 Jul 1993 EAT Employment [ Bailii ] John Cotton (Mirfields) Ltd v Uppal and Another [1993] UKEAT 227_92_1507 15 Jul 1993 EAT Employment Appeal from finding of race discrimination [ Bailii ] Ball and others v Esperanto Graphics [1993] UKEAT 624_91_1607 16 Jul 1993 EAT Employment [ Bailii ] Yemm and others v British Steel Plc [1993] UKEAT 341_92_1607 16 Jul 1993 EAT Employment [ Bailii ] Wootler v Group 4 Total Security [1993] UKEAT 274_93_1607 16 Jul 1993 EAT Employment [ Bailii ] Prince v London Borough of Southwark [1993] UKEAT 285_93_1607 16 Jul 1993 EAT Employment [ Bailii ] Khan v Royal Jordanian Airlines [1993] UKEAT 636_92_1607 16 Jul 1993 EAT Employment [ Bailii ] Dixon v Rees [1993] UKEAT 660_91_1907 19 Jul 1993 EAT Employment [ Bailii ] Dixon v Rees [1993] UKEAT 660_91_1907 19 Jul 1993 EAT Employment [ Bailii ] Hall and Tawse Western Ltd v Middleton [1993] UKEAT 181_92_1907 19 Jul 1993 EAT Employment [ Bailii ] Oruene v Faculty of Advocates [1993] UKEAT 208_93_1907 19 Jul 1993 EAT Employment [ Bailii ] Kwik Save Group Plc v Rowland [1993] UKEAT 535_93_1907 19 Jul 1993 EAT Employment [ Bailii ] Hartup v Sandwell Metropolitan Borough Council [1993] UKEAT 479_92_2007 20 Jul 1993 EAT Employment [ Bailii ] Lewis v E Mason and Sons [1993] UKEAT 481_91_2007 20 Jul 1993 EAT Employment [ Bailii ] Mansha v City of Bradford Metropolitan Council [1993] UKEAT 750_92_2007 20 Jul 1993 EAT Employment [ Bailii ] Nagarajan v Agnew [1995] ICR 520; [1993] UKEAT 270_92_2107 21 Jul 1993 EAT Knox J Discrimination, Employment Mr Nagarajan, of Indian birth, had brought several complaints to the Tribunal based on race. A settlement was reached on or about 1st November 1989 in full and final settlement of all his claims arising out of his employment with London Underground Ltd. His employment by LUL had ceased by then. Mr Nagarajan, after a spell of unemployment, applied for a job with LUL's holding company, LRT. Mr Agnew, a manager, on being asked to fill in a form about that application, firmly recommended against Mr Nagarajan's re-employment. LRT rejected the job application. The company now appealed against a finding of discrimination victimisatio. Held: The appeal succeeded. There has to be a 'subsisting employment relationship' at the time when the events complained of in section 4(2) of the Act occur. The majority of the events listed in that subsection can occur only during employment, the whole provision is couched in the present tense, and had Parliament intended to include post-employment benefits, it would have made that intention explicit. The claimant being no longer employed, the decision was fundamentally flawed. Where there are mixed motives for the action complained of, the unlawful motive must be of sufficient weight in the decision making process to be treated as a cause of the act so motivated. Race Relations Act 1976 4(2) 1 Citers [ Bailii ] Royal Life Estates (South) Ltd (T/A Fox and Sons) v Campbell [1993] UKEAT 914_92_2107 21 Jul 1993 EAT Employment [ Bailii ] Buckingham v Sun Chemical Inks (Uk) Ltd [1993] UKEAT 299_93_2107 21 Jul 1993 EAT Employment [ Bailii ] Mitchell v Peter Pan Playthings [1993] UKEAT 626_92_2107 21 Jul 1993 EAT Employment [ Bailii ] Barclays Bank Plc v Young [1993] UKEAT 318_91_2307 23 Jul 1993 EAT Employment [ Bailii ] Harrison Bowden Ltd v Bowden [1993] UKEAT 735_92_2307 23 Jul 1993 EAT Employment [ Bailii ] Mensah v East Berkshire Health Authority [1993] UKEAT 336_93_2307 23 Jul 1993 EAT Employment Appeal out of time. [ Bailii ] Richard Burbidge Ltd v Pearce [1993] UKEAT 589_91_2307 23 Jul 1993 EAT Employment [ Bailii ] Daie v British Gas Plc [1993] UKEAT 296_91_2607 26 Jul 1993 EAT Employment [ Bailii ] J and J Fashions Ltd v Johnson [1993] UKEAT 586_91_2607 26 Jul 1993 EAT Employment [ Bailii ] Scarah and 31 Ors v Fish Container Services Ltd [1993] UKEAT 436_91_2707 27 Jul 1993 EAT Employment [ Bailii ] TNT Express (Uk) Ltd v Rigby and Others Times, 28 July 1993; Independent, 17 August 1993 28 Jul 1993 EAT Employment The Industrial Tribunal should take account of the surrounding circumstances after the dismissal of the employee during strike action. Employment Protection (Consolidation) Act 1978 62(1) Mansfield Fabrication Services Ltd v Astle [1993] UKEAT 222_93_2807 28 Jul 1993 EAT Employment [ Bailii ] Parveen v Marks and Spencer Plc [1993] UKEAT 565_91_2807 28 Jul 1993 EAT Employment [ Bailii ] Bright v Coutts and Co [1993] UKEAT 143_92_2907 29 Jul 1993 EAT Employment [ Bailii ] Rentokil Ltd v Frater-Simpson [1993] UKEAT 135_93_2907 29 Jul 1993 EAT Employment [ Bailii ] Limb Group of Companies v Baxter and others; EAT 30-Jul-1993 - [1993] UKEAT 209_91_3007 Troll v London Borough of Hounslow [1993] UKEAT 97_92_3007 30 Jul 1993 EAT Employment [ Bailii ] Yorkshire Blood Transfusion Service v Plaskitt Ind Summary, 30 August 1993; Times, 17 August 1993; [1993] UKEAT 108_93_3006 17 Aug 1993 EAT Employment, Discrimination An employer paying the wrong salary by mistake, led to worse treatment but not by any difference of sex which might justify or base a claim of sex discrimination. There was no reason why an employer's own mistake could not be a sufficient factor without there being any discrimination. Equal Pay Act 1970 1(3) [ Bailii ] Dick v University of Glasgow Times, 18 August 1993 18 Aug 1993 IHCS Employment Evidence only given at Tribunal need not show Employer had not investigated. Wren and Others v Eastbourne Borough Council and Another Times, 18 August 1993; [1993] UKEAT 386_92_2705 18 Aug 1993 EAT Local Government, Employment The transfer of a department of the council providing utility services to the council to a private company, may be subject to 'transfer of undertaking' rules. 27/05/1993 Transfer of Undertakings (Protection of Employment) Regulations 1981 (1981 No 1794) [ Bailii ] Hanover Insurance Brokers Ltd and Another v Schapiro and Others Times, 17 November 1993; [1994] IRLR 82; [1993] EWCA Civ 2 20 Aug 1993 CA Dillon, Nolan LJJ Employment The four defendants were employed by the first plaintiff, Hanover Insurance Brokers Ltd under service contracts. They left to set up their own firm. Their contracts contained provisions restricting activities during the 12 months after the termination of his employment. This action was brought to enforce those restrictions during the relevant 12 month periods. Held: A broker was not entitled to impose a covenant on staff as they are not assets. Dillon LJ noted the difficulties in law with non-poaching agreements between employers. Those difficulties arise because of the right of an employee to work for his or her employer of choice. He expressed: "a general view . . that an employer does not have any sort of proprietary interest in a stable team of staff entitling the employer to impose restrictions on solicitation of staff". [ Bailii ] In Re Paramount Airways Ltd (In Administration) Times, 14 September 1993 14 Sep 1993 ChD Insolvency, Employment Administrators may adopt employment contracts without attracting personal liability. Insolvency Act 1986 19-5 1 Cites MacMullen v Asda Stores Ltd [1993] UKEAT 921_92_0110 1 Oct 1993 EAT Employment [ Bailii ] Quelch-Woolls v Amey Construction Ltd and others [1993] UKEAT 918_92_0110 1 Oct 1993 EAT Employment [ Bailii ] Gleadle v Lucas Autocentres [1993] UKEAT 893_92_0110 1 Oct 1993 EAT Employment [ Bailii ] Payne Precision Engineering Co v Stevens [1993] UKEAT 88_93_0410 4 Oct 1993 EAT Employment [ Bailii ] Saffin v Save and Prosper Group Ltd [1993] UKEAT 757_93_0410 4 Oct 1993 EAT Employment [ Bailii ] Clarkson Hyde Chartered Accountants v Chu [1993] UKEAT 66_93_0410 4 Oct 1993 EAT Employment [ Bailii ] Warner v the Chef and Brewer Group Ltd [1993] UKEAT 150_93_0410 4 Oct 1993 EAT Employment [ Bailii ] Sykes v BMP DDB Needham Worldwide Ltd [1993] UKEAT 707_92_0510 5 Oct 1993 EAT Employment [ Bailii ] Sennitt v Fysons Conveyors Ltd [1993] UKEAT 297_93_0510 5 Oct 1993 EAT Employment [ Bailii ] Harrods Ltd v James [1993] UKEAT 414_93_0510 5 Oct 1993 EAT Employment [ Bailii ] Roberts v Messrs F J and J Frost [1993] UKEAT 415_91_0610 6 Oct 1993 EAT Employment 1 Cites [ Bailii ] Kpaka v Ministry of Defence [1993] UKEAT 848_92_0710 7 Oct 1993 EAT Employment [ Bailii ] Coop and Another v Bass Brewers Ltd [1993] UKEAT 194_93_0710 7 Oct 1993 EAT Employment [ Bailii ] Haines v Zee [1993] UKEAT 174_93_0710 7 Oct 1993 EAT Employment [ Bailii ] Carlton v Vehicle Finishing Supplies [1993] UKEAT 92_93_0710 7 Oct 1993 EAT Employment [ Bailii ] Sreekanta v Medical Relief Agency (Stoke on Trent) Ltd [1993] UKEAT 536_91_0810 8 Oct 1993 EAT Employment [ Bailii ] Government of the Kingdom of Saudia Arabia v Ahmed [1993] UKEAT 276_93_0810 8 Oct 1993 EAT Employment [ Bailii ] Cannell v Newcastle Upon Tyne [1993] UKEAT 588_91_0810 8 Oct 1993 EAT Employment [ Bailii ] Griffin and others v Qantas Airlines Ltd [1993] UKEAT 836_92_1110 11 Oct 1993 EAT Employment [ Bailii ] British Midland Airways Ltd v Kinton [1993] UKEAT 459_93_1110 11 Oct 1993 EAT Employment [ Bailii ] Indrayen v John Delaney-Access Hotels (London) Ltd [1993] UKEAT 399_91_1210 12 Oct 1993 EAT Employment [ Bailii ] British Coal Corporation v Borough Council Staff Superannuation Fund Scheme Trustees Ltd and Others Times, 12 October 1993 12 Oct 1993 ChD Employment Employer to match pension fund contributions to employees' enhanced benefits. Gec Avionics Ltd v Sparham [1993] UKEAT 714_91_1210 12 Oct 1993 EAT Employment [ Bailii ] McDonald and Others v Horn and Others Times, 12 October 1993 12 Oct 1993 ChD Employment, Costs, Litigation Practice A pre-emptive costs order is possible where Plaintiffs are impecunious but the case is very strong. 1 Citers Indrayen v Delaney and Another [1993] UKEAT 724_91_1210 12 Oct 1993 EAT Employment [ Bailii ] Ratcliffe v Elfords Engineering Ltd [1993] UKEAT 358_91_1310 13 Oct 1993 EAT Employment [ Bailii ] Norcros Plc v Hopkins Ind Summary, 01 November 1993; Times, 13 October 1993 13 Oct 1993 CA Employment A wrongfully dismissed employee is entitled to pension damages in addition to his dismissal award, and it should not be deducted. Knowles v Liverpool City Council; HL 15-Oct-1993 - Ind Summary, 15 November 1993; Times, 15 October 1993; [1994] ICR 243; [1993] 1 WLR 1428; [1993] 4 All ER 321; 91 LGR 629; [1993] IRLR 568; [1994] 1 Lloyd'ds Rep 11; [1994] PIQR P8; (1993) 143 NLJ 1479 Post Office v Cunniff [1993] UKEAT 209_93_1910 19 Oct 1993 EAT Employment [ Bailii ] Chaudhry v Hets [1993] UKEAT 484_92_2010 20 Oct 1993 EAT Employment [ Bailii ] Phillips v Secretary of State for Employment [1993] UKEAT 421_93_2110 21 Oct 1993 EAT Employment [ Bailii ] Graham v Wade and Another [1993] UKEAT 357_93_2110 21 Oct 1993 EAT Employment [ Bailii ] Andrew v Bardon Roadstone Ltd [1993] UKEAT 728_93_2110 21 Oct 1993 EAT Employment [ Bailii ] Addy v Powtek-Gericke Ltd [1993] UKEAT 729_92_2110 21 Oct 1993 EAT Employment [ Bailii ] Salvesen v Simons [1993] UKEAT 451_93_2210; [1994] IRLR 52; [1994] ICR 409 22 Oct 1993 EAT Lord Coulsfield Employment Lord Coulsfield referred to the moral dimension applicable where an employee and employer sought to evade taxes by pretending tat the employee was in fact self-employed: "It is not necessarily inequitable that persons who seek to take advantage out of the tax system, misguidedly or otherwise, should not be entitled to be treated as if they were employed under a normal contract of employment." 1 Citers [ Bailii ] Automative and Financial Group Ltd v Connolly [1993] UKEAT 484_93_2210 22 Oct 1993 EAT Employment [ Bailii ] Sandown Pier Ltd v Moonan [1993] UKEAT 399_93_2210 22 Oct 1993 EAT Employment [ Bailii ] 42Nd Street Bars Ltd v Robley [1993] UKEAT 57_93_2210 22 Oct 1993 EAT Employment [ Bailii ] Hawkins v Pierce and Another [1993] UKEAT 648_92_2210 22 Oct 1993 EAT Employment [ Bailii ] London Borough of Hackney v Allin [1993] UKEAT 158_93_2510 25 Oct 1993 EAT Employment [ Bailii ] Unitvale Ltd (T/A Cleavers Dairy) v Bates [1993] UKEAT 789_92_2510 25 Oct 1993 EAT Employment [ Bailii ] Shahrokni v Camden Local Education Authority [1993] UKEAT 736_93_2510 25 Oct 1993 EAT Employment [ Bailii ] Wassell v Shaperite Profiles Ltd [1993] UKEAT 552_93_2510 25 Oct 1993 EAT Employment [ Bailii ] Baxter v British Telecom Plc [1993] UKEAT 308_93_2510 25 Oct 1993 EAT Employment [ Bailii ] Cobbold v Sawyer (T/A Immigrants Advisory Bureau) [1993] UKEAT 519_91_2610 26 Oct 1993 EAT Employment [ Bailii ] Brook v Secretary of State for Employment [1993] UKEAT 698_93_2610 26 Oct 1993 EAT Employment [ Bailii ] Cruse v Caradon Mira Ltd [1993] UKEAT 715_92_2610 26 Oct 1993 EAT Employment [ Bailii ] Charles v Vandervell Ltd [1993] UKEAT 152_92_2710 27 Oct 1993 EAT Employment [ Bailii ] British Aerospace Plc v Green and others [1993] UKEAT 129_93_2710 27 Oct 1993 EAT Employment [ Bailii ] Thorn Security Ltd v Agyei [1993] UKEAT 50_92_2710 27 Oct 1993 EAT Employment [ Bailii ] Enderby v Frenchay Health Authority and Another; ECJ 27-Oct-1993 - Times, 12 November 1993; Ind Summary, 29 November 1993; [1993] IRLR 591; C-127/92; [1993] EUECJ C-127/92; [1994] ICR 112; [1994] 1 All ER 495; [1994] 1 CMLR 8; [1993] ECR I-5535 Shetta v Executive Cleaning Services Plc [1993] UKEAT 528_92_2810 28 Oct 1993 EAT Employment [ Bailii ] Shetta v Executive Cleaning Services Plc [1993] UKEAT 548_92_2810 28 Oct 1993 EAT Employment [ Bailii ] Tensor Computers Ltd v Duckworth [1993] UKEAT 59_93_2810 28 Oct 1993 EAT Knox J Employment [ Bailii ] GFI Group Inc v Eaglestone; QBD 29-Oct-1993 - Times, 29 October 1993 Grant v Council of Legal Education [1993] UKEAT 376_93_0111 1 Nov 1993 EAT Buul QC Employment, Litigation Practice, Discrimination Appeal against refusal of extension of time to submit Race Relations Questionnaire. [ Bailii ] Carter v Balfour Beatty Ltd [1993] UKEAT 593_93_0111 1 Nov 1993 EAT Bull QC Employment Appeal against award of nil damages after finding of unfair dismissal. [ Bailii ] Balfour v Foreign and Commonwealth Office [1993] UKEAT 269_93_0111 1 Nov 1993 EAT Lord Coulsfield Employment, Litigation Practice The court heard appeals regarding orders made for discovery. [ Bailii ] Sphinx Level Distribution Ltd v Hancock [1993] UKEAT 46_92_0211 2 Nov 1993 EAT Employment [ Bailii ] Rohatgi v Department of Transport [1993] UKEAT 44_93_0211 2 Nov 1993 EAT Employment [ Bailii ] White v Asda Stores Ltd [1993] UKEAT 720_92_0211 2 Nov 1993 EAT Employment [ Bailii ] Lilthurst Ltd (T/A Breezevale Services Ltd) v Paul [1993] UKEAT 739_92_0211 2 Nov 1993 EAT Employment [ Bailii ] Port of London Authority v Payne and Others Times, 25 November 1993; [1993] EWCA Civ 26 3 Nov 1993 CA Employment The practicality of re-instatement of an employee is to be decided on the evidence immediately before the tribunal. 1 Cites [ Bailii ] Hunter v General Accident Fire Assurance Plc [1993] UKEAT 319_93_0311 3 Nov 1993 EAT Employment [ Bailii ] Trago Mills (Falmouth) Ltd v Roberts [1993] UKEAT 726_93_0311 3 Nov 1993 EAT Employment [ Bailii ] KDG Mobrey Ltd v Thomas [1993] UKEAT 347_93_0311 3 Nov 1993 EAT Employment [ Bailii ] Richardson v Drawfern Ltd [1993] UKEAT 430_91_0311 3 Nov 1993 EAT Employment [ Bailii ] Trebor Bassett Ltd v Saxby and Another [1993] UKEAT 658_91_0311 3 Nov 1993 EAT Employment [ Bailii ] Metroline Travel Ltd v Cowan [1993] UKEAT 249_91_0411 4 Nov 1993 EAT Employment [ Bailii ] Joseph Hoyle and Sons Ltd v Fayaz [1993] UKEAT 97_93_0411 4 Nov 1993 EAT Employment [ Bailii ] Adler v Calvy (T/A Touching Thought) [1993] UKEAT 213_91_0411 4 Nov 1993 EAT Employment [ Bailii ] Pearl Assurance Plc v Makin [1993] UKEAT 557_93_0411 4 Nov 1993 EAT Employment [ Bailii ] Williams v Waring (T/A Bridge Plant Hire) [1993] UKEAT 471_93_0511 5 Nov 1993 EAT Employment [ Bailii ] Towry Law Plc v Crossfield [1993] UKEAT 833_93_0511 5 Nov 1993 EAT Employment [ Bailii ] Lantern Group Ltd v Fairbrass [1993] UKEAT 61_93_0511 5 Nov 1993 EAT Employment [ Bailii ] Kids Campus Nursery School v Taylor [1993] UKEAT 772_92_0511 5 Nov 1993 EAT Employment [ Bailii ] Cowley v Manson Timber Ltd [1993] UKEAT 115_92_0511 5 Nov 1993 EAT Employment [ Bailii ] Justfern Ltd v D'Ingerthorpe and others [1993] UKEAT 671_92_0511 5 Nov 1993 EAT Employment [ Bailii ] Holmes v Lupton Bros Ltd [1993] UKEAT 48_93_0511 5 Nov 1993 EAT Employment [ Bailii ] Boxall v Prescription Pricing Authority [1993] UKEAT 509_92_0911 9 Nov 1993 EAT Employment 1 Citers [ Bailii ] East Surrey Health Authority v Good [1993] UKEAT 237_93_0911 9 Nov 1993 EAT Employment [ Bailii ] Tomlinson v Doxey and Another [1993] UKEAT 799_92_1011 10 Nov 1993 EAT Employment [ Bailii ] Bryan Furby and Gordon v Howe [1993] UKEAT 595_93_1011 10 Nov 1993 EAT Employment [ Bailii ] Markos v Simia Farra and Co [1993] UKEAT 539_91_1111 11 Nov 1993 EAT Employment [ Bailii ] Co-Operative Retail Services Ltd v Lucas [1993] UKEAT 145_93_1511 15 Nov 1993 EAT Employment [ Bailii ] Kowailw v Nylacast Oilon Ltd [1993] UKEAT 70_93_1511 15 Nov 1993 EAT Employment [ Bailii ] Hill v Davan Caravans Ltd [1993] UKEAT 313_93_1511 15 Nov 1993 EAT Employment [ Bailii ] Regina v Secretary of Sate for Education, ex parte Standish Times, 15 November 1993 15 Nov 1993 QBD Employment The Secretary of State must give express reasons & findings of fact when dismissing staff. Frame It v Brown [1993] UKEAT 177_93_1611 16 Nov 1993 EAT Employment [ Bailii ] Blaik v Post Office [1993] UKEAT 726_91_1611 16 Nov 1993 EAT Employment [ Bailii ] Age Concern (Blackburn) District v Pearson [1993] UKEAT 256_93_1611 16 Nov 1993 EAT Employment [ Bailii ] Shotton-Gale v Reynolds [1993] UKEAT 544_92_1711 17 Nov 1993 EAT Employment [ Bailii ] Marley (Uk) Ltd and Another v Anderson [1993] UKEAT 603_93_1711 17 Nov 1993 EAT Employment [ Bailii ] Guy v London Borough of Tower Hamlets [1993] UKEAT 499_93_1711 17 Nov 1993 EAT Employment [ Bailii ] Marble Imports Ltd v Karakanis [1993] UKEAT 89_93_1711 17 Nov 1993 EAT Employment [ Bailii ] Lawal v British Railways Board [1993] UKEAT 240_93_1711 17 Nov 1993 EAT Employment [ Bailii ] Nicholas v Alpha Roofing Ltd [1993] UKEAT 587_93_1811 18 Nov 1993 EAT Employment [ Bailii ] Fountain v Norfolk County Council [1993] UKEAT 295_93_1811 18 Nov 1993 EAT Employment [ Bailii ] Morrison v Chartered Trust Plc [1993] UKEAT 444_93_1811 18 Nov 1993 EAT Employment [ Bailii ] Gentle and others v Perkins Group Ltd [1993] UKEAT 871_93_1811 18 Nov 1993 EAT Employment [ Bailii ] Love v Crawley Borough Council [1993] UKEAT 91_93_1811 18 Nov 1993 EAT Employment [ Bailii ] Fernando v Albatross Cleaning Services Ltd [1993] UKEAT 259_93_1911 19 Nov 1993 EAT Employment [ Bailii ] Southern City Leisure Ltd v Blades [1993] UKEAT 441_93_1911 19 Nov 1993 EAT Employment [ Bailii ] Ferodo Caernarfon Ltd v Jones and others [1993] UKEAT 119_92_2011 20 Nov 1993 EAT Employment [ Bailii ] Star Newspapers Ltd v Jordan [1993] UKEAT 344_93_2211 22 Nov 1993 EAT Employment 1 Cites [ Bailii ] Longden and Another v Ferrari and Kennedy Internationals Ltd; EAT 22-Nov-1993 - Times, 14 February 1994; [1993] UKEAT 529_92_2211 Dairy Crest Ltd (T/A Dairy Products Transport) v Convoy [1993] UKEAT 572_93_2311 23 Nov 1993 EAT Employment 1 Cites [ Bailii ] Bhudi and others v IMI Refiners Ltd [1993] UKEAT 407_93_2411 24 Nov 1993 EAT Mummery P J Employment, Discrimination Sex Discrimination Act 1975 1 Cites [ Bailii ] Morgan v Limocoat Ltd [1993] UKEAT 342_91_2411 24 Nov 1993 EAT Employment [ Bailii ] Llewellyn Homes Ltd v Canning [1993] UKEAT 765_93_2411 24 Nov 1993 EAT Employment [ Bailii ] Fairweather v Channel Aluminium Ltd [1993] UKEAT 112_92_2511 25 Nov 1993 EAT Employment [ Bailii ] Harris v Lord Shuttleworth and Others (Trustee of National and Provincial Building Society Pension Fund) Independent, 26 November 1993; (1994) PLR 47; [1993] EWCA Civ 29; [1994] IRLR 547; [1994] ICR 991; [1994] Pens LR 47 26 Nov 1993 CA Glidewell LJ Employment The employee was dismissed on notice. The employee applied to the trustees to be recognised as entitled to an immediate pension as having been permanently incapacitated, but her application was turned down, both on the ground that she could obtain other employment and also on the ground that dismissal was different from retirement. Held: Dismissal for prolonged illness may be early retirement for pension purposes. "Unaffected by authority, I would conclude that if an employee before reaching normal pension age is incapacitated from following her employment by a physical or mental disability or ill health which renders it improbable that she will be able to follow her present or similar employment during any part of the period until she reaches normal pension age, and if as a result her employment with the Society comes to an end, it matters not how her employment is terminated. In my judgment, whether she gives notice of her intention to leave or the Society gives notice dismissing her, the termination can still properly be described as "retirement from the Service by reason of incapacity". 1 Citers [ Bailii ] Dobson v Bendix Heavy Vehicle Systems Ltd [1993] UKEAT 136_92_2611 26 Nov 1993 EAT Employment [ Bailii ] Anston Parish Council v Lowe [1993] UKEAT 464_92_2911 29 Nov 1993 EAT Employment [ Bailii ] A and G Tuck Ltd v Bartlett and Another [1993] UKEAT 636_93_2911 29 Nov 1993 EAT Employment [ Bailii ] Ball v Andrew Grant Services Ltd [1993] UKEAT 395_93_2911 29 Nov 1993 EAT Employment [ Bailii ] Ayton v London Underground Ltd and others [1993] UKEAT 46_93_2911 29 Nov 1993 EAT Employment [ Bailii ] Murdoch v Premier Poultry Ltd [1993] UKEAT 253_93_2911 29 Nov 1993 EAT Employment [ Bailii ] Francis v London Borough of Hammersmith and Fulham [1993] UKEAT 212_93_2911 29 Nov 1993 EAT Employment [ Bailii ] Fox v Anago Ltd [1993] UKEAT 32_92_2911 29 Nov 1993 EAT Employment [ Bailii ] S C A Packaging Ltd v Durrant [1993] UKEAT 628_93_3011 30 Nov 1993 EAT Employment [ Bailii ] Doubtfire Engineering Co Ltd v Knox [1993] UKEAT 335_93_3011 30 Nov 1993 EAT Employment [ Bailii ] Doughty v British Waterways Board [1993] UKEAT 639_91_3011 30 Nov 1993 EAT Employment [ Bailii ] Post Office v Russell [1993] UKEAT 685_91_0112 1 Dec 1993 EAT Employment [ Bailii ] Garg v Ealing Health Authority and others [1993] UKEAT 199_92_0112 1 Dec 1993 EAT Employment [ Bailii ] Secretary of State for Defence v Jones [1993] UKEAT 594_93_0212 2 Dec 1993 EAT Employment [ Bailii ] Triton Oliver (Special Products) Ltd v Bromage [1993] UKEAT 709_91_0212 2 Dec 1993 EAT Employment [ Bailii ] French-Walsh v International Aviation Security Inc [1993] UKEAT 314_93_0312 3 Dec 1993 EAT Employment [ Bailii ] Ogden Aviation UK Ltd v Bishop [1993] UKEAT 702_91_0312 3 Dec 1993 EAT Employment [ Bailii ] National Tyre Service Ltd v Tonge [1993] UKEAT 661_91_0612 6 Dec 1993 EAT Employment [ Bailii ] L E Allen and Co (Hw) v Hunt and others [1993] UKEAT 93_106_0612 6 Dec 1993 EAT Employment [ Bailii ] Lindsay v Ironside Ray and Vials [1993] UKEAT 526_91_0612 6 Dec 1993 EAT Employment [ Bailii ] Norman and Burgess v White [1993] UKEAT 716_91_0712 7 Dec 1993 EAT Employment [ Bailii ] Stoke on Trent Community Transport v Cresswell [1993] UKEAT 359_93_0712 7 Dec 1993 EAT Employment [ Bailii ] Grice v Erin Bleach Ltd [1993] UKEAT 510_93_0712 7 Dec 1993 EAT Employment [ Bailii ] Nicholas v Kirton and Another [1993] UKEAT 95_92_0812 8 Dec 1993 EAT Employment [ Bailii ] Graeme v Secretary of State for Education [1993] UKEAT 315_93_0812 8 Dec 1993 EAT Employment [ Bailii ] Gray v Emi Compact Disc (UK) [1993] UKEAT 393_93_0812 8 Dec 1993 EAT Employment [ Bailii ] Trafford v Sharpe and Fisher (Building Supplies) Ltd [1993] UKEAT 507_93_0812 8 Dec 1993 EAT Employment [ Bailii ] Biggs v Unisys Europe-Africa Ltd [1993] UKEAT 122_93_0912 9 Dec 1993 EAT Employment [ Bailii ] Miller Druck International Ltd v Dennis [1993] UKEAT 28_93_0912 9 Dec 1993 EAT Employment [ Bailii ] Haldane Foods Group Soya Milk Division v Wilde [1993] UKEAT 402_93_0912 9 Dec 1993 EAT Employment [ Bailii ] Paget v Essex County Council [1993] UKEAT 75_93_0912 9 Dec 1993 EAT Employment [ Bailii ] Cardiff Animal Shelter v Harvey [1993] UKEAT 188_93_0912 9 Dec 1993 EAT Employment [ Bailii ] Ross v Saginaw Overseas Corporation [1993] UKEAT 25_93_1012 10 Dec 1993 EAT Employment [ Bailii ] Edwards v Shorrock Guards Ltd [1993] UKEAT 323_93_1012 10 Dec 1993 EAT Employment [ Bailii ] Derwent Coachworks v Kirby [1993] UKEAT 360_93_1012 10 Dec 1993 EAT Employment [ Bailii ] Dale and Another v British Coal Corporation [1993] UKEAT 396_93_1012 10 Dec 1993 EAT Employment [ Bailii ] Rea v Metrogold Ltd [1993] UKEAT 602_93_1012 10 Dec 1993 EAT Employment [ Bailii ] Balfour v Foreign and Commonwealth Office Independent, 10 December 1993; Times, 10 December 1993; [1994] 1 WLR 681; [1994] 2 All ER 588; [1994] ICR 277 10 Dec 1993 CA Russell LJ Employment, Litigation Practice A judge may choose not to inspect the documents behind a Public Interest immunity certificate if that certificate had been given for reasons of National Security. The court must always be vigilant to ensure that public interest immunity of whatever kind is raised only in appropriate circumstances and with appropriate particularity. 1 Citers Firsteel Ltd v Sherwin and others [1993] UKEAT 654_91_1312 13 Dec 1993 EAT Employment 1 Cites [ Bailii ] Canning v E O Burton (East Anglia) Ltd [1993] UKEAT 729_91_1312 13 Dec 1993 EAT Employment [ Bailii ] Confederation Life Insurance Co Ltd v Coulter [1993] UKEAT 355_93_1312 13 Dec 1993 EAT Employment [ Bailii ] Eec Building Products Ltd v Botham [1993] UKEAT 260_93_1412 14 Dec 1993 EAT Employment [ Bailii ] Fisher v Leigh [1993] UKEAT 717_91_1412 14 Dec 1993 EAT Employment [ Bailii ] Mccarthy Chrisanti Maffei Inc v Brann [1993] UKEAT 1019_93_1412 14 Dec 1993 EAT Employment [ Bailii ] Marshall (Cambridge) Ltd v Hamblin Times, 16 March 1994; [1993] UKEAT 705_91_1512 15 Dec 1993 EAT Employment An employee has no right to work out his notice period where the employer chooses to pay a sum in wages in lieu of notice. [ Bailii ] Monk and Another v C Brewer and Sons [1993] UKEAT 811_92_1512 15 Dec 1993 EAT Employment [ Bailii ] Moran v London Borough of Bromley [1993] UKEAT 544_93_1512 15 Dec 1993 EAT Employment [ Bailii ] Martin Retail Group Plc v Dormer [1993] UKEAT 316_92_1612 16 Dec 1993 EAT Employment [ Bailii ] Marley (Uk) Ltd and Another v Anderson Times, 16 December 1993 16 Dec 1993 EAT Employment An IT can consider a complaint of unfair dismissal amended with new a ground after time would otherwise have expired. Employment Protection (Consolidation) Act 1978 67(2) 1 Cites 1 Citers Webster Machine Co Ltd v Cliff [1993] UKEAT 637_91_1612 16 Dec 1993 EAT Employment [ Bailii ] Mkg (Food Products) Ltd v Sissons [1993] UKEAT 541_92_1612 16 Dec 1993 EAT Employment [ Bailii ] Simmans v Acme Seals Ltd [1993] UKEAT 383_93_1712 17 Dec 1993 EAT Employment [ Bailii ] Duke v Martin Retail Group Plc [1993] UKEAT 647_92_1712 17 Dec 1993 EAT Employment [ Bailii ] London Underground Ltd v Barry [1993] UKEAT 319_92_1712 17 Dec 1993 EAT Employment [ Bailii ] British Telecommunications Plc v Grant [1993] UKEAT 816_92_2012 20 Dec 1993 EAT Employment [ Bailii ] Devonport Management Ltd v Cusack [1993] UKEAT 445_93_2012 20 Dec 1993 EAT Mummery J P Employment [ Bailii ] Przytocki v Trafalgar House Group Services [1993] UKEAT 384_91_2012 20 Dec 1993 EAT Employment [ Bailii ] Reid v New Possibilities- NHS Trust [1993] UKEAT 591_93_2012 20 Dec 1993 EAT Employment [ Bailii ] Ahmad v Leicester City Bus Ltd [1993] UKEAT 427_93_2012 20 Dec 1993 EAT Mummery J P Employment Appeal against a finding that the claimant had been fairly dismissed. [ Bailii ] Traynor and Another v Rigby Metal Components Ltd [1993] UKEAT 594_91_2012 20 Dec 1993 EAT Employment [ Bailii ]
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Employment - From: 1993 To: 1993