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		Employment - From: 1994 To: 1994 This page lists 822 cases, and was prepared on 02 April 2018. Â Â Laurie v Holloway; 1994 - [1994] ICR 32; [1993] UKEAT 210_92_1901 Â Â Chapman and Another v Simon; CA 1994 - [1993] EWCA Civ 37; [1994] IRLR 124 Â Austin Knight (UK) Ltd v Hinds [1994] FSR 52 1994 Employment A post employment restrictive covenant prevented the employee dealing with any of the employer's clients whether or not he had himself dealt with them. The defendant would be known to only one third of the customers. Held: The covenant was not reasonable and was ineffective. 1 Citers Â London Fire and Civil Defence Authority v Betty [1994] IRLR 384 1994 EAT Morison P Employment Tribunals should not be concerned to ascertain whether the illness was caused or contributed to by the employer. The question in issue is whether, in the light of the employee’s medical condition and the inquiries and procedures the employer made and used before deciding to dismiss, the dismissal was fair. To introduce questions of responsibility for illness or injury would take a Tribunal down a path which could lead to endless disputes on matters upon which they would have no special expertise. An employer has not disabled himself from fairly dismissing an employee whom he has injured. If the injury was caused by a breach of the employer’s duty to the employee then the employee will be entitled and able to recover appropriate compensation. 1 Citers Â British Coal Corporation v British Coal Staff Superannuation Scheme Trustees Ltd [1994] ICR 537; [1995] 1 All ER 912 1994 Vinelott J Employment The court consideed the distinction between a power in relation to which the duty of the employer was limited to a duty of good faith and a power in respect of which the employer was a fiduciary and which was to be exercised solely in the interests of the objects of the power. 1 Citers Â Living Design (Home Improvements) Ltd v Davidson [1994] IRLR 69 1994 OHCS Lord Coulsfield Employment A post employment restrictive covenant operated for a period of six months after the end of his employment "however that comes about and whether lawful or not." Held: Lord Coulsfield found this wholly unreasonable. 1 Citers Â Chapman v Simon [1994] IRLR 124; FA 5 1994 CA Balcombe LJ, Peter Gibson LJ Employment The court considered the approach where a party sought to raise on appeal a complaint not made in the case presented to the tribunal. Held: An Employment Tribunal must decide the issues which are put before it and should not decide issues which are not. It is not entitled to conduct a general review of an employment history of an individual so as to assess the possibility of other claims. Balcombe LJ said: "This was not a matter of which Ms Simon had ever complained. I have already set out the terms of Ms Simon's originating application, which gives every indication of having been prepared with professional assistance, and the way in which Mr Munasinghe framed his statement of the first incident. Sections 54 and 56 of the 1976 Act make it clear that the jurisdiction of the Industrial Tribunal is limited to complaints which have been made to it; no complaint was ever made by Ms Simon relating to the matters which the majority in paragraph 9 found to have constituted racial discrimination" Peter Gibson LJ said: "Under s. 54 of the Act, the complainant is entitled to complain to the Tribunal that a person has committed an unlawful act of discrimination, but it is the act of which complaint is made and no other that the Tribunal must consider and rule upon. If it finds that the complaint is well founded, the remedies which it can give the complainant under s. 56(1) are specifically directed to the act to which the complaint relates. If the Act of which complaint is made is found to be not proven, it is not for the Tribunal to find another act of racial discrimination of which complaint has not been made to give a remedy in respect of that other act." 1 Citers Â Lewis and Britton v E Mason and Sons [1994] IRLR 4 1994 EAT Employment The issue of whether someone is "taking part in a strike or other industrial action" raises a question of fact and not one of law. Â Regina v Secretary of State for Education ex parte Prior Independent, 06 January 1994 6 Jan 1994 QBD Employment The Secretary of State was wrong not to intervene in an ultra vires dismissal of teacher. Â Hilton International Hotels (UK) Ltd v Faraji Times, 10 January 1994; [1993] UKEAT 136_93_1511 10 Jan 1994 EAT Employment No reduction in compensation for unfair dismissal was to be made for invalidity benefit. 1 Citers [ Bailii ] Â Mukoro v European Bank for Reconstruction and Development and Another [1994] UKEAT 813_92_1101 11 Jan 1994 EAT Employment [ Bailii ] Â Cruddas v East Mercia Co-Operative Society Ltd [1994] UKEAT 285_92_1201 12 Jan 1994 EAT Employment [ Bailii ] Â Reddington and others v Park Communications Ltd [1994] UKEAT 604_93_1201 12 Jan 1994 EAT Employment [ Bailii ] Â Catamaran Cruisers Ltd v Williams and others [1994] UKEAT 786_93_1301; [1994] IRLR 386 13 Jan 1994 EAT Burton P Employment In a case of a refusal to accept a change in contractual terms case the tribunal has to weigh the business reasons for imposing the changes against the advantage and disadvantage of them for the employees. 1 Citers [ Bailii ] Â Hunter Timber Group Ltd (T/A Hunter Timber Hardwood) v Newcombe [1994] UKEAT 294_92_1301 13 Jan 1994 EAT Employment [ Bailii ] Â Buckinghamshire County Council v Lynch [1994] UKEAT 469_93_1301 13 Jan 1994 EAT Employment [ Bailii ] Â Compass Services (Uk) Ltd v Mcilroy [1994] UKEAT 367_93_1301 13 Jan 1994 EAT Employment [ Bailii ] Â British Broadcasting Corporation v Allen [1994] UKEAT 914_94_1301 13 Jan 1994 EAT Employment [ Bailii ] Â Hewson v Personnel Hygiene Services Ltd [1994] UKEAT 18_92_1301 13 Jan 1994 EAT Employment [ Bailii ] Â Hutchinson v Pace Services and Another [1994] UKEAT 672_93_1401 14 Jan 1994 EAT Employment [ Bailii ] Â Lenihan v Post Office [1994] UKEAT 728_93_1401 14 Jan 1994 EAT Employment [ Bailii ] Â Anrest Ltd v Chand and Another [1994] UKEAT 53_93_1401 14 Jan 1994 EAT Employment [ Bailii ] Â Tierney v Hodgson Bros (Builders) Ltd [1994] UKEAT 588_93_1401 14 Jan 1994 EAT Employment [ Bailii ] Â Cook and Another v Heathrow Penta Hotel [1994] UKEAT 331_92_1701 17 Jan 1994 EAT Employment [ Bailii ] Â Executive Centres Plc and Another v Bond and Another [1994] UKEAT 642_93_1701 17 Jan 1994 EAT Employment [ Bailii ] Â Ridgwell Fox and Partners (Underwriting Management) Ltd v Campbell [1994] UKEAT 1022_93_1801 18 Jan 1994 EAT Employment [ Bailii ] Â Â Valor Heating Ltd v Nelder; EAT 18-Jan-1994 - [1994] UKEAT 292_92_1801 Â Charter Securities Ltd (T/A Charter Project Managment International) v Blakeley [1994] UKEAT 630_92_1801 18 Jan 1994 EAT Employment 1 Cites [ Bailii ] Â Ridgwell Fox and Partners v Campbell [1994] UKEAT 49_93_1801 18 Jan 1994 EAT Employment [ Bailii ] Â Meredith v Rockwell International [1994] UKEAT 229_92_1801 18 Jan 1994 EAT Employment [ Bailii ] Â Druce and Co Ltd v Marcus [1994] UKEAT 824_93_1801 18 Jan 1994 EAT Employment [ Bailii ] Â Shea v Centre 56 Ltd [1994] UKEAT 541_93_1901 19 Jan 1994 EAT Employment [ Bailii ] Â T Cowie Plc (T/A Cowies of Peterborough) v Chappell [1994] UKEAT 654_93_1901 19 Jan 1994 EAT Employment [ Bailii ] Â Baillie-Smith v City of London Corporation [1994] UKEAT 190_91_1901 19 Jan 1994 EAT Employment [ Bailii ] Â O and R Metal Pressings Ltd v Johnson [1994] UKEAT 25_92_1901 19 Jan 1994 EAT Employment [ Bailii ] Â J Golding Group of Companies v Mcclelland and Another [1994] UKEAT 855_92_2001 20 Jan 1994 EAT Employment [ Bailii ] Â Pressurefast Ltd v Turner [1994] UKEAT 175_93_2001 20 Jan 1994 EAT Employment [ Bailii ] Â Mooney v Paddock Saddlery [1994] UKEAT 585_93_2001 20 Jan 1994 EAT Employment [ Bailii ] Â Davenport Vernon Croxley Green Ltd v Tucker [1994] UKEAT 265_93_2001 20 Jan 1994 EAT Employment [ Bailii ] Â Lloyd (T/A Rebbecks Residential) v Eyre [1994] UKEAT 923_92_2001 20 Jan 1994 EAT Employment [ Bailii ] Â Highams Park School v Odger and others [1994] UKEAT 519_93_2101 21 Jan 1994 EAT Employment [ Bailii ] Â Poulter v Fordingbridge Ltd [1994] UKEAT 293_92_2101 21 Jan 1994 EAT Employment [ Bailii ] Â Beevor v Haberdashers Aske's School for Girls [1994] UKEAT 19_92_2101 21 Jan 1994 EAT Employment 1 Cites 1 Citers [ Bailii ] Â Popland v Valor Heating Ltd [1994] UKEAT 939_93_2401 24 Jan 1994 EAT Employment [ Bailii ] Â Soros and Another v Davison and Another [1994] UKEAT 22_92_2401; [1994] ICR 590 24 Jan 1994 EAT Tudor Evans J Employment The two employees who, after they were dismissed and their complaints of unfair dismissal were upheld by an industrial tribunal, but before the assessment of compensation, disclosed allegedly confidential information about their former employers to a national newspaper in breach of their continuing obligation of confidentiality under their contract of employment. The court was asked whether breach of a post termination obligation of confidentiality to be implied into the contract of employment, could be relevant to the assessment of compensation for unfair dismissal under section 74(1). Held: It was not permissible for a Tribunal to take into account under s. 123(1) of the 1996 Act (any more than under s. 123(6)), conduct occurring after the dismissal Employment Rights Act 1996 123 1 Citers [ Bailii ] Â Alexander Russell Plc v Holness [1994] UKEAT 677_93_2401 24 Jan 1994 EAT Lord Coulsfield Employment "The respondent was employed by the appellants in their quarry at Cowieslinn, as a plant operator, from June 1986 until 8 November 1991. On that date, he came to the conclusion that he was being harassed and would be dismissed very shortly and, accordingly, gave in his notice. He made an application to an Industrial Tribunal, alleging that he had been constructively dismissed. By a decision dated 5 August 1993, the Industrial Tribunal held that the respondent had been dismissed and made a monetary award, which took account of a contribution on the respondent's part to his dismissal, which the Industrial Tribunal assessed at 30 per cent." [ Bailii ] Â Blackett v East Berkshire Health Authority [1994] UKEAT 976_93_2401 24 Jan 1994 EAT Employment [ Bailii ] Â Budenberg Gauge Co Ltd v Griffiths [1994] UKEAT 43_93_2401 24 Jan 1994 EAT Employment [ Bailii ] Â Leeds City Council v Sutcliffe [1994] UKEAT 401_92_2501 25 Jan 1994 EAT Employment [ Bailii ] Â London Underground Ltd v Mitchell [1994] UKEAT 291_92_2501 25 Jan 1994 EAT Employment [ Bailii ] Â Davenne v Cardiff Institute of Higher Education [1994] UKEAT 214_93_2501 25 Jan 1994 EAT Employment [ Bailii ] Â Fewston Transport Ltd v Johnstone [1994] UKEAT 443_93_2501 25 Jan 1994 EAT Employment [ Bailii ] Â Richmond v Rac Insurance Brokers Ltd [1994] UKEAT 47_91_2601 26 Jan 1994 EAT Employment [ Bailii ] Â Lewis v Motor Neurone Disease Association [1994] UKEAT 296_93_2601 26 Jan 1994 EAT Employment [ Bailii ] Â Jaggers Fashions Ltd v Hopkins and Another [1994] UKEAT 571_93_2601 26 Jan 1994 EAT Employment [ Bailii ] Â Holroyd v Cambridge Environmental Research Consultants Ltd [1994] UKEAT 863_93_2601 26 Jan 1994 EAT Employment [ Bailii ] Â Khan v Collins [1994] UKEAT 570_93_2701 27 Jan 1994 EAT Employment [ Bailii ] Â J H Printers Ltd v Taylor [1994] UKEAT 818_93_2701 27 Jan 1994 EAT Employment [ Bailii ] Â Hilton International Hotels (Uk) Ltd v Kaissi [1994] UKEAT 28_92_2701 27 Jan 1994 EAT Employment [ Bailii ] Â Lindsay v Ironsides Ray and Vials Times, 27 January 1994; [1994] IRLR 318; [1994] ICR 384 27 Jan 1994 EAT Mummery P Employment, Discrimination The industrial tribunal had refused the applicant an extension of time. Held: The Tribunal mistook the law in holding that it could grant a review of its decision because the employee's case had not been properly argued at the preliminary hearing as a result of her representative's shortcomings. It would not be in the interests of justice for there to be a review on such grounds. Even though the 'interests of justice' ground for review is in very wide terms, it must be cautiously exercised. Failings of a representative will not generally constitute a ground for review because that would risk encouraging disappointed applicants to seek to re-argue cases by blaming their representatives. Resort to this ground of review should be limited to cases of: "a "procedural mishap" or "procedural shortcoming," or "procedural occurrence" of a kind which constitutes a denial to a party of a fair and proper opportunity to present a case." and "Failings of a party's representatives, professional or otherwise, will not generally constitute a ground for review. That is a dangerous path to follow. It involves the risk of encouraging a disappointed applicant to seek to reargue his case by blaming his representative for the failure of his claim. That may involve the tribunal in inappropriate investigations into the competence of the representative who is not present at or represented at the review. If there is a justified complaint against the representative, that may be the subject of other proceedings and procedure. It is thus our view that the industrial tribunal erred in law in granting a review under rule 10(1)(e) of the Rules of Procedure of 1985." Race Relations Act 1968 68(1) - Industrial Tribunals (Rules of Procedure) Regulations 1985 1 Cites 1 Citers Â Harfield v Britax Wingard Ltd [1994] UKEAT 607_93_2701 27 Jan 1994 EAT Employment [ Bailii ] Â Fmu Ltd v Sutheran [1994] UKEAT 58_93_2701 27 Jan 1994 EAT Employment [ Bailii ] Â Christie v NEI International Combustion Ltd [1994] UKEAT 777_92_2701 27 Jan 1994 EAT Employment 1 Cites [ Bailii ] Â Post Office v Norish [1994] UKEAT 565_92_2801 28 Jan 1994 EAT Employment [ Bailii ] Â Staffordshire County Council and Another v Raju [1994] UKEAT 686_93_3101 31 Jan 1994 EAT Employment [ Bailii ] Â Bleazard v Manchester Central Hospitals and Community Care NHS Trust [1994] UKEAT 278_93_3101 31 Jan 1994 EAT Employment [ Bailii ] Â Stedman v Hogg Robinson Travel [1994] UKEAT 794_93_3101 31 Jan 1994 EAT Employment 1 Citers [ Bailii ] Â Lakeside Inns Ltd v Lane [1994] UKEAT 739_93_3101 31 Jan 1994 EAT Employment [ Bailii ] Â Crosville Wales Ltd v Tracey and 73 Ors [1994] UKEAT 578_93_0102 1 Feb 1994 EAT Employment [ Bailii ] Â Cimatu v Whitbread and Co Plc [1994] UKEAT 288_92_0102 1 Feb 1994 EAT Employment [ Bailii ] Â John Clarke (Financiers) Ltd v Secretary of State for Employment [1994] UKEAT 784_93_0202 2 Feb 1994 EAT Employment [ Bailii ] Â Lloyd v Rumbelows Ltd [1994] UKEAT 957_93_0202 2 Feb 1994 EAT Employment [ Bailii ] Â Burgess v Bass Taverns Ltd [1994] UKEAT 409_93_0202 2 Feb 1994 EAT D M Levy QC Employment The Tribunal was asked whether the appellant was acting in the course of being a trade union representative at the time when he was dismissed. There was a finding that he was unfairly dismissed but the Appellant complained there had been no finding that the principal reason for his dismissal was that he had taken part in the activities of an independent "at an appropriate time" and in the circumstances such dismissal was unfair. Held: Having regard to the provisions of Section 152, to which we have referred, this might not be an artificial dismissal for trade union reasons but what the Appellant was doing at the time was acting in a trade union capacity in a way which protected him under Section 192 against dismissal. Trade Union & Labour Relations (Consolidation) Act 1992 152 192 - Employment (Protection and Consolidation) Act 1978 58 1 Citers [ Bailii ] Â Ward v Cornwall County Council and Another [1994] UKEAT 291_93_0202 2 Feb 1994 EAT Employment [ Bailii ] Â Mcgrail v John Moores Home Shopping Services Ltd [1994] UKEAT 773_93_0202 2 Feb 1994 EAT Employment [ Bailii ] Â Thompson Wholesale Foods v Norris [1994] UKEAT 800_92_0202 2 Feb 1994 EAT Employment [ Bailii ] Â Philip Hodges and Co v Kell [1994] UKEAT 466_93_0202 2 Feb 1994 EAT Employment [ Bailii ] Â Higgins v Cable Montague Contracts Ltd [1994] UKEAT 564_93_0202 2 Feb 1994 EAT Employment [ Bailii ] Â A J Stephens and Sons v Dixon and Another [1994] UKEAT 952_93_0302 3 Feb 1994 EAT Employment [ Bailii ] Â Advanced Networking Systems Ltd v Grundy [1994] UKEAT 966_93_0302 3 Feb 1994 EAT Employment [ Bailii ] Â United Provincial Services Ltd (T/A Pennine Blue Bus Copmpany) v Roberts [1994] UKEAT 842_93_0302 3 Feb 1994 EAT Employment [ Bailii ] Â Parekh v Osram Ltd [1994] UKEAT 261_93_0302 3 Feb 1994 EAT Employment [ Bailii ] Â Marshall v Endersby and Another [1994] UKEAT 868_93_0302 3 Feb 1994 EAT Employment [ Bailii ] Â White v Summerfield (Contract Hire) Ltd [1994] UKEAT 494_93_0302 3 Feb 1994 EAT Employment [ Bailii ] Â Bernette v London Borough of Barnet [1994] UKEAT 473_93_0402 4 Feb 1994 EAT Employment [ Bailii ] Â Roberts-Morgan v Thomas [1994] UKEAT 309_92_0402 4 Feb 1994 EAT Employment [ Bailii ] Â Fibretech (Group) Ltd v Ingram [1994] UKEAT 978_93_0402 4 Feb 1994 EAT Employment [ Bailii ] Â R F Giddings and Co Ltd v Wood [1994] UKEAT 928_93_0402 4 Feb 1994 EAT Employment [ Bailii ] Â Anderson v Lancashire County Council [1994] UKEAT 717_93_0702 7 Feb 1994 EAT Employment [ Bailii ] Â Jenkins v Roadways International Hauliers [1994] UKEAT 109_93_0702 7 Feb 1994 EAT Employment [ Bailii ] Â Desborough v Kent Turf Co Ltd [1994] UKEAT 173_93_0702 7 Feb 1994 EAT Employment [ Bailii ] Â Brown v Merseyside Transport Ltd [1994] UKEAT 408_93_0702 7 Feb 1994 EAT Employment [ Bailii ] Â Mcmahon v Thamesdown Borough Council [1994] UKEAT 404_93_0702 7 Feb 1994 EAT Employment [ Bailii ] Â Winder v Circle Freight International [1994] UKEAT 170_93_0702 7 Feb 1994 EAT Employment [ Bailii ] Â Post Office v Parker [1993] UKEAT 580_91_0702 7 Feb 1994 EAT Employment [ Bailii ] Â FMC Plc v USDAW [1994] UKEAT 474_93_0802 8 Feb 1994 EAT Employment [ Bailii ] Â Maude v Legal and General Assurance Society Ltd [1994] UKEAT 870_93_0802 8 Feb 1994 EAT Employment [ Bailii ] Â Scott v Wharfedale Plc [1994] UKEAT 264_93_0802 8 Feb 1994 EAT Employment [ Bailii ] Â Vibroplant Plc v Johnson [1994] UKEAT 397_93_0802 8 Feb 1994 EAT Employment 1 Cites [ Bailii ] Â Wilcock v Conco Ltd [1994] UKEAT 68_93_0802 8 Feb 1994 EAT Employment [ Bailii ] Â Adams v Lightfreight Ltd [1994] UKEAT 816_93_0802 8 Feb 1994 EAT Employment [ Bailii ] Â Wood v James Longley and Co Ltd [1994] UKEAT 830_93_0802 8 Feb 1994 EAT Employment [ Bailii ] Â East Grinstead Plant and Tool Hire Centre Ltd v Loring [1994] UKEAT 985_93_0902 9 Feb 1994 EAT Employment [ Bailii ] Â Keller (T/A Graphic Impressions) v Haydenv [1994] UKEAT 960_93_0902 9 Feb 1994 EAT Employment [ Bailii ] Â Grace v Stardust Mats Ltd [1994] UKEAT 687_93_0902 9 Feb 1994 EAT Employment [ Bailii ] Â Rogach v Gateway Foodmarkets Ltd [1994] UKEAT 551_93_0902 9 Feb 1994 EAT Employment [ Bailii ] Â Orme v Avon Education Authority [1994] UKEAT 827_93_0902 9 Feb 1994 EAT Employment [ Bailii ] Â Thomas Cook Group Ltd v Wendy Frances Barzilay [1994] UKEAT 770_92_0902 9 Feb 1994 EAT Employment [ Bailii ] Â Metropole Hotels (Holdings) Ltd v Middleton [1994] UKEAT 437_93_0902 9 Feb 1994 EAT Employment [ Bailii ] Â Davies v A and A Tyres and Exhaust Centre [1994] UKEAT 361_93_1002 10 Feb 1994 EAT Employment [ Bailii ] Â Davey and others v Group 4 Nightspeed Ltd [1994] UKEAT 668_93_1002 10 Feb 1994 EAT Employment [ Bailii ] Â Nicholas v Sealink Stena Line [1994] UKEAT 814_93_1002 10 Feb 1994 EAT Employment [ Bailii ] Â Mills v P and P Micro Distributors Ltd [1994] UKEAT 644_93_1002 10 Feb 1994 EAT Employment [ Bailii ] Â Ofori v Security Express Guards Ltd [1994] UKEAT 850_93_1102 11 Feb 1994 EAT Employment [ Bailii ] Â Â Pigram (T/A First Batch Bakery) v Bryans and Another; EAT 11-Feb-1994 - [1994] UKEAT 737_93_1102 Â Jewsons Ltd v Rowney [1994] UKEAT 705_93_1102 11 Feb 1994 EAT Employment [ Bailii ] Â Jefferson v Thames Valley Police Authority [1994] UKEAT 548_93_1102 11 Feb 1994 EAT Employment [ Bailii ] Â Bennett v East Sussex County Council [1994] UKEAT 650_92_1102 11 Feb 1994 EAT Employment [ Bailii ] Â Turner v J S Chinn and Co Ltd [1994] UKEAT 389_93_1102 11 Feb 1994 EAT Employment [ Bailii ] Â Spectus Ltd v Swale [1994] UKEAT 406_93_1102 11 Feb 1994 EAT Employment [ Bailii ] Â O'Dea v ISC Chemicals Ltd (T/A Rhone-Poulenc Chemicals) [1994] UKEAT 169_92_1402 14 Feb 1994 EAT Employment 1 Citers [ Bailii ] Â Quinn v Dowty Aerospace (Gloucester) Ltd [1994] UKEAT 252_93_1402 14 Feb 1994 EAT Employment [ Bailii ] Â Wallington v Fairview New Homes Plc [1994] UKEAT 633_92_1402 14 Feb 1994 EAT Employment [ Bailii ] Â Bowles v King and Another [1994] UKEAT 146_93_1402 14 Feb 1994 EAT Employment [ Bailii ] Â Henry v Commercial Catering Group [1994] UKEAT 881_93_1402 14 Feb 1994 EAT Employment [ Bailii ] Â Darcars Ltd v Babatunde [1994] UKEAT 980_93_1402 14 Feb 1994 EAT Employment [ Bailii ] Â South Wales Forgemasters Plc v Lundregan [1994] UKEAT 425_92_1502 15 Feb 1994 EAT Employment [ Bailii ] Â Stuart-Hutcheston v Brent Walker Group Plc [1994] UKEAT 303_93_1502 15 Feb 1994 EAT Employment [ Bailii ] Â Secretary of State for Employment v Stone [1994] UKEAT 239_93_1502 15 Feb 1994 EAT Employment [ Bailii ] Â Aaron v Gibbs Hartley Cooper Ltd [1994] UKEAT 812_93_1502 15 Feb 1994 EAT Employment [ Bailii ] Â Purdham v Lancashire County Council [1994] UKEAT 860_93_1502 15 Feb 1994 EAT Employment [ Bailii ] Â Appleyard v G H Caudwell Ltd [1994] UKEAT 786_92_1602 16 Feb 1994 EAT Employment [ Bailii ] Â Debenhams Plc v White [1994] UKEAT 93_94_1602 16 Feb 1994 EAT Employment [ Bailii ] Â Fwm Plastics Ltd v Muers [1994] UKEAT 567_93_1602 16 Feb 1994 EAT Employment [ Bailii ] Â Hales v Headcorn Construction Ltd [1994] UKEAT 855_93_1702 17 Feb 1994 EAT Employment [ Bailii ] Â Driver v Cleveland Structural Engineering Co Ltd [1994] UKEAT 127_92_1702 17 Feb 1994 EAT Employment [ Bailii ] Â Bussue v Ingham and Another [1994] UKEAT 900_92_1802 18 Feb 1994 EAT Employment [ Bailii ] Â Universal Tyre Co Ltd v Temple [1994] UKEAT 272_92_1802 18 Feb 1994 EAT Employment [ Bailii ] Â Â John Standing Outside Caterers v Holloway; EAT 18-Feb-1994 - [1994] UKEAT 167_93_1802 Â Newsome v Shepshed Albion 91 Football Club [1994] UKEAT 627_92_2102 21 Feb 1994 EAT Employment [ Bailii ] Â Paradise v Warrington Homes Ltd [1994] UKEAT 802_92_2102 21 Feb 1994 EAT Employment [ Bailii ] Â Patterson v Bass Taverns Wales and West [1994] UKEAT 763_93_2102 21 Feb 1994 EAT Employment [ Bailii ] Â Durant v Thorne Poultry Ltd [1994] UKEAT 986_93_2102 21 Feb 1994 EAT Employment [ Bailii ] Â Al Samarrae v Dan-Air Engineering Ltd [1994] UKEAT 583_92_2202 22 Feb 1994 EAT Employment 1 Cites [ Bailii ] Â Morgan v West Glamorgan County Council [1994] UKEAT 560_92_2302 23 Feb 1994 EAT Employment [ Bailii ] Â Â Malik and Another v Bank of Credit and Commerce International Sa; Chd 23-Feb-1994 - Ind Summary, 21 March 1994; Times, 23 February 1994 Â Dixon Stores Group v Arnold [1994] UKEAT 772_93_2302 23 Feb 1994 EAT Harhrove QC Employment The company appealed against a finding that the time for lodging of the claimant's claim for unfair dismissal should be extended and in particular whther it had been reasonably practicable to lodge his claim in time. [ Bailii ] Â Anglia Regional Co-Operative Society v O'Donnell [1994] UKEAT 655_91_2402 24 Feb 1994 EAT Employment 1 Cites [ Bailii ] Â H G Computer Services Ltd v D'Arcy [1994] UKEAT 521_93_2402 24 Feb 1994 EAT Employment [ Bailii ] Â J Sainsbury Plc v Moger [1994] UKEAT 596_93_2502; [1994] ICR 800 25 Feb 1994 Mummery J P Employment The EAT should not accept an order by consent unless it is satisfied that there are good grounds for making the order. 1 Cites 1 Citers [ Bailii ] Â Amada v British Railways Board [1994] UKEAT 909_93_2502 25 Feb 1994 EAT Employment [ Bailii ] Â Jones v Gwent Health Authority [1994] UKEAT 629_93_2802 28 Feb 1994 EAT Employment [ Bailii ] Â Heath v Presentation Products Ltd [1994] UKEAT 378_93_2802 28 Feb 1994 EAT Employment [ Bailii ] Â Eke v Rose and others [1994] UKEAT 413_93_2802 28 Feb 1994 EAT Employment [ Bailii ] Â Stedman v Hogg Robinson Travel [1994] UKEAT 794_93_0103 1 Mar 1994 EAT Employment 1 Cites [ Bailii ] Â Powdrill and Another v Watson and Another Independent, 22 March 1994; Gazette, 08 June 1994; Gazette, 20 April 1994; Times, 01 March 1994; Ind Summary, 14 March 1994 1 Mar 1994 CA Employment, Insolvency The administrators of a company are deemed to have accepted the employees who had been kept on after 14 days. A letter from them denying that they would accept them as employees, was insufficient to prevent adoption of the contracts. Insolvency Act 1986 19(5) 27 1 Cites 1 Citers Â In Car Insurance Replacement Services Ltd v Green and Another [1994] UKEAT 912_93_0103 1 Mar 1994 EAT Employment [ Bailii ] Â Sandhu v Leicester City Council [1994] UKEAT 118_94_0103 1 Mar 1994 EAT Employment 1 Citers [ Bailii ] Â Interconnection Systems Ltd v Gibson [1994] UKEAT 575_93_0303 3 Mar 1994 EAT Employment [ Bailii ] Â Burrett v West Birmingham Health Authority Unreported, 3 March 1994 3 Mar 1994 CA Employment Application for leave to appeal. 1 Cites Â Â Regina v Secretary of State Employment, ex parte Equal Opportunities Commission and Another; HL 4-Mar-1994 - Times, 04 March 1994; Gazette, 11 May 1994; Independent, 09 March 1994; [1994] 2 WLR 409; [1994] IRLR 176; [1995] 1 AC 1; [1994] 1 ALL ER 910; [1994] ICR 307; [1994] UKHL 2; (1994) 92 LGR 360 Â Sip (Industrial Products) Ltd v Swinn [1994] UKEAT 279_93_0403 4 Mar 1994 EAT Employment [ Bailii ] Â Purslow v Moya Dental Laboratory [1994] UKEAT 612_93_0703 7 Mar 1994 EAT Employment [ Bailii ] Â Elliston v Hammersmith and Fulham Council [1994] UKEAT 220_93_0703 7 Mar 1994 EAT Employment [ Bailii ] Â Fennell and Another v Crittall Windows Ltd [1994] UKEAT 72_92_0703 7 Mar 1994 EAT Employment [ Bailii ] Â Hodder v Day and Sons (Brentwood) Ltd [1994] UKEAT 546_93_0703 7 Mar 1994 EAT Employment [ Bailii ] Â Hilton International Hotels (Uk) Ltd v Kaissi Times, 07 March 1994; [1994] ICR 578 7 Mar 1994 EAT Employment A failure to comply with the Act does not automatically terminate the contract. Employment Protection (Consolidation) Act 1978 33 1 Citers Â Campbell v Kent County Council [1994] UKEAT 606_93_0703 7 Mar 1994 EAT Employment [ Bailii ] Â Bhudi et v IMI Refiners Ltd Times, 07 March 1994 7 Mar 1994 EAT Employment The tribunal is to consider all relevant factors when deciding sex bias claims. Â Boyo v London Borough of Lambeth [1994] EWCA Civ 28; [1995] IRLR 50; [1994] ICR 727 8 Mar 1994 CA Staughton LJ, Ralph Gibson LJ, Sir Francis Purchas Employment, Damages An employee dismissed by his employer's act of repudiation of the contract, is entitled to receive money in lieu of notice as well as compensation for a reasonable period for carrying out the appropriate disciplinary procedure. Ralph Gibson LJ said: "Further, if there is a requirement of law for acceptance by the servant of the repudiation by the master, I am unable to see why it is not a requirement for a real acceptance, that is to say a conscious acceptance intending to bring the contract to an end or the doing of some act which is inconsistent with the continuation of the contract. If that is right, I do not understand how the courts would apply the notion of 'easily inferring that the innocent party has accepted . . the repudiation'." and "If acceptance by the plaintiff of the repudiation was necessary was there acceptance? In my judgement there was not at any time before the hearing, unless 'acceptance' for this purpose can be taken to mean no more than the internal but unwilling acknowledgement that the plaintiff will not escape from being treated as if he had accepted. As stated above, I do not accept that it can properly be taken to mean no more than that. I can see no relevance in the fact that the plaintiff had deliberately formulated his case in a particular way for tactical reasons. If the law permits him to do so why should he not?" 1 Cites 1 Citers [ Bailii ] Â Djm International Ltd v Nicholas [1994] UKEAT 919_93_0903 9 Mar 1994 EAT Employment [ Bailii ] Â Nicholas v Djm International Ltd [1994] UKEAT 920_93_0903 9 Mar 1994 EAT Employment [ Bailii ] Â Donnithorne v Premier Administration Ltd and Another [1994] UKEAT 189_94_1003 10 Mar 1994 EAT Employment [ Bailii ] Â Little Chef v Brown [1994] UKEAT 383_93_1003 10 Mar 1994 EAT Employment [ Bailii ] Â Allen v Cannon Hygiene Ltd [1994] UKEAT 632_91_1003 10 Mar 1994 EAT Employment [ Bailii ] Â Fox v Anago Ltd [1994] UKEAT 32_92_1103 11 Mar 1994 EAT Employment [ Bailii ] Â Dobson and Another v Bhogal [1994] UKEAT 879_93_1103 11 Mar 1994 EAT Employment [ Bailii ] Â Collins v Chapman [1994] UKEAT 945_93_1403 14 Mar 1994 EAT Employment [ Bailii ] Â Lindsay v Cumbria County Council [1994] UKEAT 168_94_1403 14 Mar 1994 EAT Employment [ Bailii ] Â Secretary of State for Education and Science v Birchall [1994] UKEAT 523_93_1503 15 Mar 1994 EAT Employment [ Bailii ] Â Wright (T/A Merseyside and North Wales Fencing) v Davies [1994] UKEAT 836_93_1603 16 Mar 1994 EAT Employment [ Bailii ] Â Bright v London Borough of Islington [1994] UKEAT 121_93_1703 17 Mar 1994 EAT Employment [ Bailii ] Â Southlands Print and Supply v Russell [1994] UKEAT 715_93_1703 17 Mar 1994 EAT Employment [ Bailii ] Â Maxwell v Southport College [1994] UKEAT 219_93_1803 18 Mar 1994 EAT Employment [ Bailii ] Â Theyer v The Post Office [1994] UKEAT 377_93_2103 21 Mar 1994 EAT Employment [ Bailii ] Â Alexander Michael Accountants v Povey [1994] UKEAT 897_93_2103 21 Mar 1994 EAT Employment [ Bailii ] Â Clark v Department of Trade and Industry [1994] UKEAT 562_93_2103 21 Mar 1994 EAT Employment [ Bailii ] Â J L Morison International Ltd v Nair [1994] UKEAT 796_92_2103 21 Mar 1994 EAT Employment [ Bailii ] Â Sergeant v Blms [1994] UKEAT 67_92_2203 22 Mar 1994 EAT Employment [ Bailii ] Â Sheerness Steel Co Plc v Jones [1994] UKEAT 468_92_2203 22 Mar 1994 EAT Employment [ Bailii ] Â Heron v H H Group Ltd [1994] UKEAT 984_93_2203 22 Mar 1994 EAT Employment [ Bailii ] Â Adams v Litho Supplies Ltd [1994] UKEAT 882_93_2203 22 Mar 1994 EAT Employment [ Bailii ] Â Mukoro v European Bank for Reconstruction and Development and Another [1994] UKEAT 813_92_2303 23 Mar 1994 EAT Employment [ Bailii ] Â Â Blackpool and the Fylde College v Naitonal Association of Teachers In Further and Higher Education; CA 23-Mar-1994 - Times, 23 March 1994; Ind Summary, 18 April 1994; [1994] ICR 648 Â Photostatic Copiers (Southern) Ltd v Okuda and Another [1994] UKEAT 693_93_2303 23 Mar 1994 EAT Employment [ Bailii ] Â Gross Klein and Co v Collins [1994] UKEAT 727_93_2303 23 Mar 1994 EAT Employment 1 Cites 1 Citers [ Bailii ] Â G Baxter Ltd v Quinn [1994] UKEAT 1043_93_2403 24 Mar 1994 EAT Employment [ Bailii ] Â Whittaker v Sherdley Hall Garages Ltd [1994] UKEAT 569_93_2403 24 Mar 1994 EAT Employment [ Bailii ] Â Turner v Whitehouse Group Ltd [1994] UKEAT 102_94_2403 24 Mar 1994 EAT Employment [ Bailii ] Â Pearson v Woodhouse [1994] UKEAT 893_93_2403 24 Mar 1994 EAT Employment [ Bailii ] Â Stewart and Another v Langley [1994] UKEAT 888_93_2403 24 Mar 1994 EAT Employment [ Bailii ] Â National Union of Teachers and others v St Mary's Church of England (Aided) Primary School and others [1994] UKEAT 905_93_2503 25 Mar 1994 EAT Employment 1 Citers [ Bailii ] Â Dep of Transport v Gallacher Times, 25 March 1994 25 Mar 1994 CA Employment Non-promotion for lack of experience caused by union activities was proper. Employment Protection (Consolidation) Act 1988 23-1-b Â Overton v Bartlett and others [1994] UKEAT 63_94_2803 28 Mar 1994 EAT Employment [ Bailii ] Â Walker and Another (T/A Business Post (Dudley) v Mitchell [1994] UKEAT 275_93_2803 28 Mar 1994 EAT Employment [ Bailii ] Â Â Boddington and Another v Lawton; ChD 28-Mar-1994 - Ind Summary, 28 March 1994 Â Mills v Persimmon Homes (Wessex) Ltd [1994] UKEAT 272_93_2903 29 Mar 1994 EAT Employment [ Bailii ] Â Â Uttley v Calderdale Borough Council; EAT 29-Mar-1994 - [1994] UKEAT 15_92_2903 Â Ingetraut Scholz v Opera Universitaria Di Cagliari and Another Times, 29 March 1994; C-419/92; [1994] EUECJ C-419/92 29 Mar 1994 ECJ Employment, European An employer was not entitled to disregard experience in other EC country - discrimination. [ Bailii ] Â Hindhaugh v Rother District Council [1994] UKEAT 754_93_2903 29 Mar 1994 EAT Employment [ Bailii ] Â Sirdaw v London Borough of Hackney [1994] UKEAT 635_93_3003 30 Mar 1994 EAT Employment [ Bailii ] Â Doegar v Herbert Mueller Ltd (In Receivership) and Another [1994] UKEAT 867_93_3003 30 Mar 1994 EAT Employment [ Bailii ] Â Norwest Co-Operative Society Ltd v Connolly [1994] UKEAT 371_91_3003 30 Mar 1994 EAT Employment [ Bailii ] Â The Department of Transport v Gallacher Independent, 05 April 1994 5 Apr 1994 CA Employment It is not a Trade Union deterrence within the Act to fail to promote a union official who was lacking experience. Employment Protection (Consolidation) Act 1978 23 (1)(b) Â Khan v General Medical Council Ind Summary, 11 April 1994; [1996] ICR 1032 11 Apr 1994 CA Employment No claim of indirect discrimination lay in the Industrial Tribunal for the refusal of registration by a statutory body. 1 Cites 1 Citers Â Cummings v Connectors [1994] UKEAT 222_92_1204 12 Apr 1994 EAT Employment [ Bailii ] Â Brett v Sterling Security Services Ltd [1994] UKEAT 803_93_1204 12 Apr 1994 EAT Employment [ Bailii ] Â Odell v Ling Dynamic Systems Ltd [1994] UKEAT 685_93_1204 12 Apr 1994 EAT Employment [ Bailii ] Â Patel v Hi-Way Hifi Ltd [1994] UKEAT 801_92_1204 12 Apr 1994 EAT Employment [ Bailii ] Â Eddels v Anna French Ltd [1994] UKEAT 848_93_1304 13 Apr 1994 EAT Employment [ Bailii ] Â Hagans v St Mary and St John J and I School [1994] UKEAT 213_92_1304 13 Apr 1994 EAT Employment [ Bailii ] Â James v Bank of England [1994] UKEAT 226_94_1304 13 Apr 1994 EAT Employment, Discrimination 1 Cites [ Bailii ] Â Beckman v Brady and Another [1994] UKEAT 973_93_1304 13 Apr 1994 EAT Employment [ Bailii ] Â Aitken v John Laing Services Ltd [1994] UKEAT 710_93_1304 13 Apr 1994 EAT Employment [ Bailii ] Â Murphy v Walhamton School Trust Ltd [1994] UKEAT 571_92_1404 14 Apr 1994 EAT Employment [ Bailii ] Â Hulme v TNT Express [1994] UKEAT 653_93_1404 14 Apr 1994 EAT Employment [ Bailii ] Â Wootler v Group 4 Total Security Ltd [1994] UKEAT 274_93_1404 14 Apr 1994 EAT Employment [ Bailii ] Â Meikle v Nottingham City Council [1994] UKEAT 249_92_1404 14 Apr 1994 EAT Mummery P J Employment, Discrimination The appellant challenged dismissal of her claim for indirect racial discrimination based on two grounds. First, that the Tribunal's decision was perverse; in other words that it was a decision which, on the evidence before it, no reasonable tribunal could have reached. Secondly, that the Tribunal failed to interpret the law relating to indirect discrimination correctly. Race Relations Act 1976 1(1)(a) 1 Cites 1 Citers [ Bailii ] Â Â Regina v Crown Prosecution Service Ex Parte Hogg; CA 14-Apr-1994 - Times, 14 April 1994 Â Schmidt v Spar und Leihkasse der fruheren Amter Bordesholm, Kiel und Cronshagen C-392/92; [1994] EUECJ C-392/92; [1994] IRLR 302 14 Apr 1994 ECJ European, Employment Safeguarding of employees' rights in the event of the transfer of an undertaking. 1 Citers [ Bailii ] Â Whittington v Green and others [1994] UKEAT 513_92_1404 14 Apr 1994 EAT Employment [ Bailii ] Â B T Rolatruc Ltd v Bown [1994] UKEAT 954_93_1404 14 Apr 1994 EAT Employment [ Bailii ] Â Razzaq v Bestway Cash and Carry Ltd [1994] UKEAT 889_93_1504 15 Apr 1994 EAT Employment [ Bailii ] Â Hogan v Acp Heavy Fabrications Ltd [1994] UKEAT 340_92_1504 15 Apr 1994 EAT Employment [ Bailii ] Â Singh v Huddersfield Health Authority [1994] UKEAT 255_92_1504 15 Apr 1994 EAT Employment [ Bailii ] Â Mackin v Denbrook Builders Ltd (T/A Drain Spec) [1994] UKEAT 342_93_1804 18 Apr 1994 EAT Employment [ Bailii ] Â Rastall and others v Midlands Electricity Plc and others [1994] UKEAT 627_93_1804 18 Apr 1994 EAT Employment [ Bailii ] Â Ribble Motor Services Ltd v Ellis [1994] UKEAT 886_93_1804 18 Apr 1994 EAT Employment [ Bailii ] Â Isonor v Department of Social Security [1994] UKEAT 965_93_1804 18 Apr 1994 EAT Employment [ Bailii ] Â Hh Saudi Research and Marketing (Uk) Ltd v Akay [1994] UKEAT 470_93_1804 18 Apr 1994 EAT Employment [ Bailii ] Â Hadley v Central Midlands Co-Operative Society Ltd [1994] UKEAT 1072_93_1804 18 Apr 1994 EAT Employment [ Bailii ] Â White v Michelin Tyre Plc [1994] UKEAT 320_92_1904 19 Apr 1994 EAT Employment [ Bailii ] Â Western Leisure (A Firm) v Flynn and Another [1994] UKEAT 375_92_1904 19 Apr 1994 EAT Employment [ Bailii ] Â Holdtite Adhesives Ltd v Cameron [1994] UKEAT 1079_93_2004 20 Apr 1994 EAT Employment [ Bailii ] Â Cromwell v South Birmingham Health Authority [1994] UKEAT 53_93_2004 20 Apr 1994 EAT Employment [ Bailii ] Â Castle v D G Pink Developments Ltd [1994] UKEAT 708_93_2004 20 Apr 1994 EAT Employment [ Bailii ] Â Mist v Anglian Windows Ltd [1994] UKEAT 1078_93_2004 20 Apr 1994 EAT Employment [ Bailii ] Â London Fire and Civil Defence Authority v Betty [1994] UKEAT 483_92_2104 21 Apr 1994 EAT Employment [ Bailii ] Â Lincolnshire Marketing Organisation (Potatoes) Ltd v Tarran [1994] UKEAT 325_93_2104 21 Apr 1994 EAT Employment [ Bailii ] Â Malone v Governors of Cambridge Regional College [1994] UKEAT 171_93_2104 21 Apr 1994 EAT Employment [ Bailii ] Â J and S Lewis Ltd v Taylor [1994] UKEAT 324_92_2104 21 Apr 1994 EAT Employment [ Bailii ] Â Davies v Batha [1994] UKEAT 819_93_2204 22 Apr 1994 EAT Employment [ Bailii ] Â Halai v London Borough of Haringey [1994] UKEAT 502_93_2204 22 Apr 1994 EAT Employment [ Bailii ] Â Hill Samuel Investment Services Group Ltd v Nwauzu [1994] UKEAT 582_93_2204 22 Apr 1994 EAT Employment [ Bailii ] Â Noon v Clark Engineering Development Ltd [1994] UKEAT 22_93_2204 22 Apr 1994 EAT Employment [ Bailii ] Â Indoor Cricket Pavilions (Uk) Ltd (T/A Ball Park Leisure) v Niblett [1994] UKEAT 663_93_2204 22 Apr 1994 EAT Employment [ Bailii ] Â Alemu v London Borough of Lambeth [1994] UKEAT 85_93_2504 25 Apr 1994 EAT Employment [ Bailii ] Â G P Haden and Associates v Stock [1994] UKEAT 166_93_2504 25 Apr 1994 EAT Employment [ Bailii ] Â Ruby and others v Sutcliffe Catering North Ltd [1994] UKEAT 741_93_2504 25 Apr 1994 EAT Employment [ Bailii ] Â Pratt-Johnson and Another v Integrated Machine Tools Ltd and Another [1994] UKEAT 767_93_2504 25 Apr 1994 EAT Employment [ Bailii ] Â Housam v Appleby Slag Reduction Ltd [1994] UKEAT 783_92_2504 25 Apr 1994 EAT Employment [ Bailii ] Â Ganaeshalingham v Prime Garages Ltd [1994] UKEAT 172_92_2504 25 Apr 1994 EAT Employment [ Bailii ] Â Grewal v Walsall Metropolitan Borough Council [1994] UKEAT 520_92_2604 26 Apr 1994 EAT Employment [ Bailii ] Â Port Dredging Ltd v Sumner [1994] UKEAT 671_93_2604 26 Apr 1994 EAT Peppitt QC HHJ Employment The company appealed against a finding of unfair dismissal arising from a lay off of employees was found to have been in breach of contract. [ Bailii ] Â Southward v London Borough of Barking and Dagenham [1994] UKEAT 347_94_2604 26 Apr 1994 EAT Peppitt QC HHJ Employment Appeal against decision refusing an adjournment. [ Bailii ] Â Wailes v H Taylor and Sons [1994] UKEAT 328_92_2604 26 Apr 1994 EAT Peppitt QC HHJ Employment Appeal against rejection of claim for unfair dismissal. [ Bailii ] Â Brintons Ltd v Lawley [1994] UKEAT 436_92_2604 26 Apr 1994 EAT Employment [ Bailii ] Â Bowen and others v Secretary of State for Employment and Another [1994] UKEAT 526_93_2604 26 Apr 1994 EAT Employment [ Bailii ] Â Mcevoy v Marsh Plant Hire Ltd [1994] UKEAT 462_92_2704 27 Apr 1994 EAT Employment [ Bailii ] Â Boston v Mount Charlotte Thistle Hotels [1994] UKEAT 630_93_2704 27 Apr 1994 EAT Employment [ Bailii ] Â Price v Linkdemo Ltd (T/A 500 Cars) [1994] UKEAT 565_93_2704 27 Apr 1994 EAT Employment [ Bailii ] Â British Bakeries Ltd v Howarth [1994] UKEAT 322_92_2704 27 Apr 1994 EAT Employment [ Bailii ] Â Nath v Eastbourne Health Authority [1994] UKEAT 487_92_2804 28 Apr 1994 EAT Employment [ Bailii ] Â Alpha Business Computers Ltd v Brassington [1994] UKEAT 917_93_2804 28 Apr 1994 EAT Employment [ Bailii ] Â Vax Appliances Ltd v Chamberlain [1994] UKEAT 422_92_2804 28 Apr 1994 EAT Employment [ Bailii ] Â Reading Borough Council v Singfield and Another [1994] UKEAT 363_92_2804 28 Apr 1994 EAT Employment [ Bailii ] Â Texas Homecare Ltd v Anderson [1994] UKEAT 426_92_2804 28 Apr 1994 EAT Employment [ Bailii ] Â Kennedy v East Dorset Health Authority [1994] UKEAT 734_92_2804 28 Apr 1994 EAT Employment [ Bailii ] Â Rosse v Paramount House Group Ltd [1994] UKEAT 350_92_2904 29 Apr 1994 EAT Employment [ Bailii ] Â Canada Life Assurance Co v Tregoning [1994] UKEAT 109_94_2904 29 Apr 1994 EAT Employment [ Bailii ] Â John Carr (Sheffield) Ltd v Emsell and others [1994] UKEAT 455_92_2904 29 Apr 1994 EAT Employment [ Bailii ] Â Clews and others v Liverpool City Council [1994] UKEAT 463_93_0305 3 May 1994 EAT Employment [ Bailii ] Â Hipgrave v Markey (T/A Aviary Supplies) [1994] UKEAT 467_92_0305 3 May 1994 EAT Employment [ Bailii ] Â Barley v Service Data Ltd [1994] UKEAT 267_92_0305 3 May 1994 EAT Employment [ Bailii ] Â Â Stewart v Cleveland Guest (Engineering) Ltd; EAT 4-May-1994 - Ind Summary, 19 September 1994; Times, 06 July 1994; [1994] IRLR 440; [1994] UKEAT 683_93_0405 Â British Coal Corporation v Palmer [1994] UKEAT 679_93_0405 4 May 1994 EAT Employment [ Bailii ] Â Skerritt v London Borough of Hackney [1994] UKEAT 814_93_0405 4 May 1994 EAT Employment [ Bailii ] Â Insitu Cleaning Co Ltd and Another v Heads [1994] UKEAT 576_92_0505 5 May 1994 EAT Employment [ Bailii ] Â Marion Merrell Dow Ltd v O'Donoughue [1994] UKEAT 723_93_0505 5 May 1994 EAT Employment [ Bailii ] Â Iqbal v Royal Free Hampstead NHS Trust [1994] UKEAT 504_93_0505 5 May 1994 EAT Employment [ Bailii ] Â O'Brady v Philcox Gray and Co [1994] UKEAT 382_94_0505 5 May 1994 EAT Employment [ Bailii ] Â Middle (T/A Hazlemere Hair) v Festa [1994] UKEAT 744_93_0505 5 May 1994 EAT Employment [ Bailii ] Â Martin Bierbaum Group (Investments) Plc v Nisbet [1994] UKEAT 845_93_0505 5 May 1994 EAT Employment [ Bailii ] Â Marshall v Royal London Hospital Trust [1994] UKEAT 430_93_0605 6 May 1994 EAT Employment [ Bailii ] Â Ois Plc v Holder [1994] UKEAT 518_92_0605 6 May 1994 EAT Employment [ Bailii ] Â Rafiq v Department of Social Security [1994] UKEAT 360_94_0605 6 May 1994 EAT Employment [ Bailii ] Â Lynn v British Steel Plc [1994] UKEAT 156_92_0905 9 May 1994 EAT Employment [ Bailii ] Â Art Forma (Furniture) Ltd v Turner [1994] UKEAT 804_92_0905 9 May 1994 EAT Employment [ Bailii ] Â Sherifali (T/A Westgate Restaurant and Takeaway) v Tunay [1994] UKEAT 669_93_0905 9 May 1994 EAT Employment [ Bailii ] Â Lock v Connell Estate Agents [1994] UKEAT 480_92_1005 10 May 1994 EAT Hull J Employment The employee had failed to meet targets in a difficult sales market. He was dismissed. The ET had found that the sales targets were impossible. The EAT considered what was the effect of his failure to appeal against his dismissal. Held. The failure of an employee to operate the internal appeals procedure after dismissal cannot as a matter of law amount to a failure to mitigate his loss under section 74(4). The EAT doubted the decision in Hoover Ltd, saying: "If a plaintiff is not generally required to engage in hazardous litigation, a fortiori a party can hardly be expected to try to mitigate his loss by appealing not to a court or tribunal but to the opposite party himself. The employer has made up his mind to dismiss the applicant, presumably after taking proper thought and carrying out the procedural duties of fairness as well as considering the merits; if the decision was a careful and responsible one, then the prospect of it being reversed on appeal must be remote. The prospect may be even more remote in the unlikely event that the decision has been an irresponsible and hasty one; in that event, what possible confidence can the employee have in the integrity of the employer? It is one thing to say that a plaintiff is required, at any rate in certain circumstances, to consider an offer by the wrongdoer; it is quite another to say that if no such offer is made then the plaintiff is under a duty to solicit the wrongdoer to change his mind." Employment Protection (Consolidation) Act 1978 74(4) 1 Cites [ Bailii ] Â Gilbert v Portsmouth Publishing and Printing Ltd [1994] UKEAT 63_93_1005 10 May 1994 EAT Employment [ Bailii ] Â Ketchen v Halliburton Logging Services UK Ltd [1994] UKEAT 525_92_1105 11 May 1994 EAT Employment [ Bailii ] Â Post Office v Gould and Another [1994] UKEAT 587_92_1105 11 May 1994 EAT Employment [ Bailii ] Â Fulcrest Construction Ltd v Whitehead and others [1994] UKEAT 549_93_1105 11 May 1994 EAT Employment [ Bailii ] Â Baldwin v British Coal Corporation Times, 11 May 1994 11 May 1994 QBD Garland J Employment, Damages The employee had been selected for redundancy. In order for him to qualify for the employer's suplementary redundancy scheme an arrangement was made whereby he was given short notice. As a result he received an additional £5,000. He now applied for payment of the full notice period. Held: He had to give credit for the money received under the short notice in order to qualify for a supplementary redundancy payment. The £5,000 was quite separate from the basic redundancuy payments the stautory and contractual sums. Had the employer not given short notice, the plaintiff would have received the £3,000 notice, but lost the £5,000 received. Credit had to be given. 1 Cites Â Kelman v Care Contract Services and Another [1994] UKEAT 992_93_1205 12 May 1994 EAT Employment [ Bailii ] Â Personnel Selection Associates Ltd v Corcho [1994] UKEAT 438_92_1205 12 May 1994 EAT Employment [ Bailii ] Â Kammack 1988 Ltd v Ellison [1994] UKEAT 844_93_1205 12 May 1994 EAT Employment [ Bailii ] Â Highfield Gears Ltd v James [1994] UKEAT 702_93_1205 12 May 1994 EAT Employment 1 Cites [ Bailii ] Â Sarjantson and Another v Wright [1994] UKEAT 433_94_1205 12 May 1994 EAT Employment [ Bailii ] Â Birtley Town Council v Crowe [1994] UKEAT 577_93_1305 13 May 1994 EAT Employment [ Bailii ] Â Devonport Management Ltd v Grant and Another [1994] UKEAT 353_92_1305 13 May 1994 EAT Employment [ Bailii ] Â Bruce and Others v Wiggins Teape (Stationery) Ltd [1994] IRLR 536; [1994] UKEAT 1050_93_1305 13 May 1994 EAT Mummery J P Employment Employees appealed against decisions that their employer had not made unlawful deductions from their wages. The company had unilaterally reduced the rate of overtime pay. Held: The appeal was allowed. Mummery J P said: "the reason why the Industrial Tribunal erred in law was that it misconstrued the provisions of the Wages Act 1986 and the decisions on it as drawing a distinction between a deduction from wages and a reduction in wages. That is a false antithesis. On a proper analysis of the provisions of the 1986 Act and their application to the facts of this case the Tribunal could only have come to one conclusion: deductions were made and were unauthorised." Wages Act 1986 8(3) 1 Cites 1 Citers [ Bailii ] Â Chakraborty v Islington London Borough Council [1994] UKEAT 692_92_1605 16 May 1994 EAT Employment [ Bailii ] Â Burton v Northern Business Systems Ltd [1994] UKEAT 608_92_1605 16 May 1994 EAT Employment [ Bailii ] Â Preston v MGN Ltd (T/A Mirror Group Newspapers Plc) [1994] UKEAT 258_94_1605 16 May 1994 EAT Employment [ Bailii ] Â British Coal Corporation v Smith and Others Ind Summary, 16 May 1994 16 May 1994 CA Employment, Discrimination No disassociation was found despite few comparitors and history no objective distinction. Equal Pay Act 1970 208 Â Monk v Coward Ltd and Another [1994] UKEAT 1035_93_1605 16 May 1994 EAT Employment [ Bailii ] Â Kentish Bus and Coach Company Ltd v Quarry [1994] UKEAT 287_92_1605 16 May 1994 EAT Employment [ Bailii ] Â John Carr (Joinery Sales) Ltd v Ralph and Another [1994] UKEAT 728_92_1605 16 May 1994 EAT Employment [ Bailii ] Â Penton v London Borough of Tower Hamlets [1994] UKEAT 1092_93_1605 16 May 1994 EAT Employment [ Bailii ] Â Eke v Customs and Excise [1994] UKEAT 459_91_1705 17 May 1994 EAT Employment [ Bailii ] Â Mazumdar v Jmls Ltd [1994] UKEAT 50_94_1705 17 May 1994 EAT Employment [ Bailii ] Â Stone v Kwelm Employment Services Ltd [1994] UKEAT 440_94_1705 17 May 1994 EAT Employment [ Bailii ] Â Gentle and others v Perkins Group Ltd [1994] UKEAT 345_93_1705 17 May 1994 EAT Employment [ Bailii ] Â Harte v Metroline Travel Ltd [1994] UKEAT 400_92_1705 17 May 1994 EAT Employment [ Bailii ] Â Makro Self Service Wholesalers Ltd v USDAW [1994] UKEAT 828_93_1705 17 May 1994 EAT Employment [ Bailii ] Â William Henry Smith School v Limbert and Another [1994] UKEAT 475_92_1805 18 May 1994 EAT Employment [ Bailii ] Â Tolwood Multifasteners Ltd v Dixon [1994] UKEAT 490_92_1805 18 May 1994 EAT Employment [ Bailii ] Â Le Marechal v Wss (Western) Ltd [1994] UKEAT 264_92_1805 18 May 1994 EAT Employment [ Bailii ] Â Trusty v London Borough of Bromley [1994] UKEAT 242_92_1805 18 May 1994 EAT Employment [ Bailii ] Â Dawson and Another v Ministry of Defence [1994] UKEAT 482_91_1905 19 May 1994 EAT Employment [ Bailii ] Â Whitbread Plc (T/A Thresher) v Gullyes [1994] UKEAT 478_92_1905 19 May 1994 EAT Employment [ Bailii ] Â Temple v Eastern Counties Omnibus Co Ltd [1994] UKEAT 442_94_1905 19 May 1994 EAT Employment [ Bailii ] Â Stewart and Gower (T/A Gowers) v Male [1994] UKEAT 813_93_1905 19 May 1994 EAT Employment [ Bailii ] Â Fyfe v Tresco Estate- Dorrien-Smith [1994] UKEAT 372_92_1905 19 May 1994 EAT Employment [ Bailii ] Â Stevens v Rank Xerox Ltd [1994] UKEAT 1000_93_1905 19 May 1994 EAT Employment [ Bailii ] Â Smith v Adwest Engineering Ltd [1994] UKEAT 582_92_2005 20 May 1994 EAT Employment [ Bailii ] Â Laher v London Borough of Hammersmith and Fulham [1994] UKEAT 215_91_2005 20 May 1994 EAT Employment [ Bailii ] Â Cabaj v Westminster City Council [1994] UKEAT 725_92_2005 20 May 1994 EAT Employment [ Bailii ] Â St Helens School v Hmidouche [1994] UKEAT 951_93_2305 23 May 1994 EAT Employment [ Bailii ] Â Hoolash v O'Gorman [1994] UKEAT 81_94_2305 23 May 1994 EAT Employment [ Bailii ] Â Horst and others v High Table Ltd [1994] UKEAT 1252_94_2305 23 May 1994 EAT Employment 1 Citers [ Bailii ] Â Farmer v Danzas (Uk) Ltd [1994] UKEAT 858_93_2305 23 May 1994 EAT Employment [ Bailii ] Â Teaching Driving Ltd v Nickerson [1994] UKEAT 58_94_2305 23 May 1994 EAT Employment [ Bailii ] Â Bhattacharya and others v Rishi [1994] UKEAT 919_93_2305 23 May 1994 EAT Employment [ Bailii ] Â Greenaway Harrison Ltd v Wiles Ind Summary, 23 May 1994 23 May 1994 EAT Employment An imposed change of shifts making it impossible for the employee was constructive dismissal and in the circumstances was unfair. Employment Protection (Consolidation) Act 1978 5(2)(c) Â Boulton and Paul Ltd v Arnold [1994] UKEAT 341_93_2305 23 May 1994 EAT Employment [ Bailii ] Â Boreland v Gloucestershire County Council [1994] UKEAT 645_92_2305 23 May 1994 EAT Employment [ Bailii ] Â Wallace v Dairy Crest Dairies [1994] UKEAT 77_93_2405 24 May 1994 EAT Employment [ Bailii ] Â Coleman v Logical Systems International Ltd [1994] UKEAT 658_92_2405 24 May 1994 EAT Employment [ Bailii ] Â Moroney v Eastwood School and Another [1994] UKEAT 257_93_2405 24 May 1994 EAT Employment [ Bailii ] Â Â Council of the Isles of Scilly v Brintel Helicopters Ltd and others; EAT 24-May-1994 - [1994] UKEAT 937_93_2405 Â Usdaw v Das [1994] UKEAT 94_91_2405 24 May 1994 EAT Employment [ Bailii ] Â Cartwright v The Patent Office [1994] UKEAT 1031_93_2505 25 May 1994 EAT Employment [ Bailii ] Â Morley College v Summers [1994] UKEAT 382_92_2505 25 May 1994 EAT Employment [ Bailii ] Â Banai v Royal Devon and Exeter Hospital (Wonford) [1994] UKEAT 47_91_2505 25 May 1994 EAT Employment [ Bailii ] Â Christel Schmidt v Spar Und Leihkasse Der Fruhren Amter Etc Times, 25 May 1994 25 May 1994 ECJ Employment, European Rules on transfer of undertakings apply even though only one employee. Â Pemble v Pirelli General Plc [1994] UKEAT 545_92_2505 25 May 1994 EAT Employment [ Bailii ] Â Shortall (T/A Auction Centres) v Carey [1994] UKEAT 351_93_2605 26 May 1994 EAT Employment 1 Cites [ Bailii ] Â Mathur v the Wellcome Foundation Ltd [1994] UKEAT 336_94_2605 26 May 1994 EAT Employment [ Bailii ] Â Connaughton v Trafford Metropolitan Borough Council [1994] UKEAT 245_94_2705 27 May 1994 EAT Employment [ Bailii ] Â James v Secretary of State for Employment [1994] UKEAT 921_93_2705 27 May 1994 EAT Employment [ Bailii ] Â Commission for Racial Equality v Martin-Laval and Another [1994] UKEAT 218_92_2705 27 May 1994 EAT Employment [ Bailii ] Â Dines and Others v Initial Health Care Services Ltd and Another Times, 27 May 1994; [1994] IRLR 336 27 May 1994 CA Employment A new company which is doing the same task with the same employees as a former company has been involved in a transfer of undertaking under the Regulations. Transfer of Undertakings (Protection of Employment) Regulations 1981 (1981 No 1794) 1 Cites 1 Citers Â Dalzell v Thyssen (GB) Ltd [1994] UKEAT 851_92_0606 6 Jun 1994 EAT Employment [ Bailii ] Â S I S Automation Ltd v Wakeling [1994] UKEAT 518_93_0706 7 Jun 1994 EAT Employment [ Bailii ] Â Serco Systems Ltd v Hookway [1994] UKEAT 490_94_0706 7 Jun 1994 EAT Employment [ Bailii ] Â Lewis v A Jones and Sons Plc [1994] UKEAT 776_92_0706 7 Jun 1994 EAT Employment [ Bailii ] Â Boal and Another v Gullick Dobson Ltd [1994] UKEAT 515_92_0706 7 Jun 1994 EAT Employment 100 redundancies became inevitable. Pools of employees from which the selection would be made were created on an area basis. Workers in each pool were assessed for productivity, skill, quality of work, attendance, punctuality and sickness records by the worker's manager, and the assessment rechecked. The board had set the weightings for each criterion overall. The applicant was selected and given an opportunity to discuss his selection with management. He asked for details of the assessments of other employees from his pool who had not been selected, but whom he regarded as more obvious candidates than himself for redundancy. That disclosure was refused, his dismissal went ahead, and he complained to an Industrial Tribunal that the refusal had made his dismissal unfair. He appealed to the EAT. Held. the appeal failed. A practice of allowing employees selected for redundancy to see the assessments of those employees who had not been so selected would involve, especially in cases where the numbers were large, an impossibly protracted exercise, offensive to commonsense and practicality and threatening to stultify the intended fairness of the whole selection process. 1 Citers [ Bailii ] Â Rahmouni v Solomon Bader and Wheelmore Ltd [1994] UKEAT 846_93_0806 8 Jun 1994 EAT Mummery J P Employment Appeal from rejection of claim for unfair dismissal - calculation of minimum period of employment [ Bailii ] Â Staffordshire County Council v Black [1994] UKEAT 694_92_0806 8 Jun 1994 EAT Employment [ Bailii ] Â Addy v Powtek-Gericke Ltd [1994] UKEAT 729_92_0806 8 Jun 1994 EAT Employment [ Bailii ] Â Hopkinson and Hopwood Ltd v Bithell [1994] UKEAT 733_92_0806 8 Jun 1994 EAT Employment [ Bailii ] Â Commission v United Kingdom (Judgment) Ind Summary, 27 June 1994; Times, 27 June 1994; [1995] 1 CMLR 345; [1994] ICR 664; [1994] EUECJ C-382/92; [1994] ECR I-2435; [1994] IRLR 392 8 Jun 1994 ECJ A-G Van Gerven Employment ECJ Despite the limited character of the harmonization of rules in respect of collective redundancies which Directive 75/129 was intended to bring about, national rules which, by not providing for a system for the designation of workers' representatives in an undertaking where an employer refuses to recognize such representatives, allow an employer to frustrate the protection provided by Articles 2 and 3 of Directive 75/129 must be regarded as contrary to the provisions of that directive. According to Article 1(1)(a) of Directive 75/129, the directive applies to collective redundancies in the sense of dismissals for one or more reasons not related to the individual workers concerned, including dismissals resulting from new working arrangements within an undertaking unconnected with its volume of business. Its scope cannot for that reason be limited to cases of redundancy defined as resulting from a cessation or reduction of the business of an undertaking or a decline in demand for work of a particular type. National rules which merely require an employer to consult trade union representatives about proposed dismissals, to "consider" representations made by such representatives and, if he rejects them, to "state his reasons", whereas Article 2(1) of the directive requires the workers' representatives to be consulted "with a view to reaching an agreement" and Article 2(2) lays down that such consultation must "at least, cover ways and means of avoiding collective redundancies or reducing the number of workers affected, and mitigating the consequences", fail correctly to transpose Directive 75/129. Where a Community directive does not specifically provide any penalty for an infringement or refers for that purpose to national laws, regulations and administrative provisions, Article 5 of the Treaty requires the Member States to take all measures necessary to guarantee the application and effectiveness of Community law. For that purpose, while the choice of penalties remains within their discretion, they must ensure in particular that infringements of Community law are penalized under conditions, both procedural and substantive, which are analogous to those applicable to infringements of national law of a similar nature and importance and which, in any event, make the penalty effective, proportionate and dissuasive. In the case where an employee may be entitled to payment of various amounts under his contract of employment and by reason of its breach, an award which may be set off against such amounts cannot be regarded as sufficiently deterrent for an employer who, in the event of collective redundancies, fails to comply with his obligations under Directive 75/129 to consult and inform his workers' representatives. The UK was in breach of the EC directive with regard to workers' rights to consultation on redundancy, in that it had not complied with its obligations under the Directive when it allowed offset of monies, paid in lieu of notice, by an employer against the protective award. The United Kingdom had, because of s. 190(3), failed to provide for effective sanctions for a failure to consult as required by the 1975 Directive and so breached the obligations under that Directive and Article 5 of the Treaty. Europa Despite the limited character of the harmonization of rules in respect of collective redundancies which Directive 75/129 was intended to bring about, national rules which, by not providing for a system for the designation of workers' representatives in an undertaking where an employer refuses to recognize such representatives, allow an employer to frustrate the protection provided by Articles 2 and 3 of Directive 75/129 must be regarded as contrary to the provisions of that directive. 2. According to Article 1(1)(a) of Directive 75/129, the directive applies to collective redundancies in the sense of dismissals for one or more reasons not related to the individual workers concerned, including dismissals resulting from new working arrangements within an undertaking unconnected with its volume of business. Its scope cannot for that reason be limited to cases of redundancy defined as resulting from a cessation or reduction of the business of an undertaking or a decline in demand for work of a particular type. 3. National rules which merely require an employer to consult trade union representatives about proposed dismissals, to "consider" representations made by such representatives and, if he rejects them, to "state his reasons", whereas Article 2(1) of the directive requires the workers' representatives to be consulted "with a view to reaching an agreement" and Article 2(2) lays down that such consultation must "at least, cover ways and means of avoiding collective redundancies or reducing the number of workers affected, and mitigating the consequences", fail correctly to transpose Directive 75/129. 4. Where a Community directive does not specifically provide any penalty for an infringement or refers for that purpose to national laws, regulations and administrative provisions, Article 5 of the Treaty requires the Member States to take all measures necessary to guarantee the application and effectiveness of Community law. For that purpose, while the choice of penalties remains within their discretion, they must ensure in particular that infringements of Community law are penalized under conditions, both procedural and substantive, which are analogous to those applicable to infringements of national law of a similar nature and importance and which, in any event, make the penalty effective, proportionate and dissuasive. In the case where an employee may be entitled to payment of various amounts under his contract of employment and by reason of its breach, an award which may be set off against such amounts cannot be regarded as sufficiently deterrent for an employer who, in the event of collective redundancies, fails to comply with his obligations under Directive 75/129 to consult and inform his workers' representatives. Council Directive 77/187/EEC (OJ 1977 L61/26) - Trade Unions and Labour Relations Consolidation Act 1992 190(3) 1 Citers [ Bailii ] - [ Bailii ] Â Ullah v United Glass Ltd [1994] UKEAT 317_92_0906 9 Jun 1994 EAT Employment [ Bailii ] Â Post Office v Roach [1994] UKEAT 628_92_0906 9 Jun 1994 EAT Employment [ Bailii ] Â Davies and others v Hotpoint Ltd [1994] UKEAT 751_93_0906 9 Jun 1994 EAT Employment [ Bailii ] Â Kennedy v South East Kent Health Authority [1994] UKEAT 910_93_0906 9 Jun 1994 EAT Employment [ Bailii ] Â Glass v Guildford Borough Council [1994] UKEAT 1063_93_1006 10 Jun 1994 EAT Employment [ Bailii ] Â Worrell v Deritend Electro Mechanical Services Ltd [1994] UKEAT 211_94_1006 10 Jun 1994 EAT Employment [ Bailii ] Â Arnold v Gateway Foodmarkets Ltd [1994] UKEAT 880_92_1006 10 Jun 1994 EAT Employment [ Bailii ] Â Brides In Style Ltd v Cotterell [1994] UKEAT 803_92_1006 10 Jun 1994 EAT Employment [ Bailii ] Â Horley and Crespigny (T/A Brede Court) v Cruttenden [1994] UKEAT 18_94_1306 13 Jun 1994 EAT Employment [ Bailii ] Â Moore v Clares Equipment Ltd [1994] UKEAT 322_94_1306 13 Jun 1994 EAT Employment [ Bailii ] Â Berkshire Accident Centre v Ruffler [1994] UKEAT 19_94_1306 13 Jun 1994 EAT Employment [ Bailii ] Â Barker v Durham County Council [1994] UKEAT 522_92_1306 13 Jun 1994 EAT Employment [ Bailii ] Â Hereford and Worcester County Council v Fidoe [1994] UKEAT 567_92_1406 14 Jun 1994 EAT Employment [ Bailii ] Â John Healy and Co v Raoof [1994] UKEAT 260_94_1406 14 Jun 1994 EAT Employment 1 Citers [ Bailii ] Â Dixon Ward v Foster [1994] UKEAT 740_93_1406 14 Jun 1994 EAT Employment [ Bailii ] Â Beech Publishing House v Porter [1994] UKEAT 727_93_1406 14 Jun 1994 EAT Employment [ Bailii ] Â Waldron (T/A Waldron Taxis) v Gannon [1994] UKEAT 822_93_1406 14 Jun 1994 EAT Employment [ Bailii ] Â Ram Office Systems Ltd (T/A Ram Computer Care) v O'Brien [1994] UKEAT 738_93_1406 14 Jun 1994 EAT Employment [ Bailii ] Â Iceland Frozen Foods Plc v Morison [1994] UKEAT 850_92_1506 15 Jun 1994 EAT Employment [ Bailii ] Â Co-Op Retail Services Ltd v Pettit [1994] UKEAT 743_92_1606 16 Jun 1994 EAT Employment [ Bailii ] Â Medlicott v Cillmec Ltd [1994] UKEAT 899_92_1606 16 Jun 1994 EAT Employment [ Bailii ] Â Walker v Staffordshire Tableware Ltd [1994] UKEAT 2_93_1606 16 Jun 1994 EAT Employment [ Bailii ] Â French v Office Cleaning Services Ltd [1994] UKEAT 210_94_1706 17 Jun 1994 EAT Employment [ Bailii ] Â Birtwistle v Eur-O-Compound (Uk) Ltd [1994] UKEAT 317_93_1706 17 Jun 1994 EAT Employment [ Bailii ] Â Inco Alloys Ltd v Kelly [1994] UKEAT 47_94_1706 17 Jun 1994 EAT Employment [ Bailii ] Â Williams v John Menzies (Gb) Ltd [1994] UKEAT 465_92_1706 17 Jun 1994 EAT Employment [ Bailii ] Â Richardson v Southampton Chamber of Commerce and Industry [1994] UKEAT 660_93_1706 17 Jun 1994 EAT Employment [ Bailii ] Â Hart v John Parker and Son Ltd [1994] UKEAT 492_93_1706 17 Jun 1994 EAT Employment [ Bailii ] Â Travell v Secretary of State for Employment [1994] UKEAT 810_92_2006 20 Jun 1994 EAT Employment [ Bailii ] Â Bentley Nevada (Uk) Ltd v Johnson [1994] UKEAT 982_93_2006 20 Jun 1994 EAT Employment [ Bailii ] Â Space Technology Systems Ltd v Wood [1994] UKEAT 875_92_2006 20 Jun 1994 EAT Employment [ Bailii ] Â Coop and Another v Bass Brewers Ltd [1994] UKEAT 194_93_2006 20 Jun 1994 EAT Employment [ Bailii ] Â Faal v Ballantyne and Another [1994] UKEAT 271_94_2006 20 Jun 1994 EAT Employment [ Bailii ] Â Martin v Cyanamid Aerospace Products Ltd [1994] UKEAT 690_92_2006 20 Jun 1994 EAT Employment [ Bailii ] Â Derby City Council v Woolley [1994] UKEAT 879_92_2106 21 Jun 1994 EAT Employment [ Bailii ] Â Ibex Trading Co Ltd (In Administration) v Walton and others [1994] UKEAT 911_93_2106 21 Jun 1994 EAT Employment [ Bailii ] Â Brown and others v Nathoo and Another [1994] UKEAT 332_94_2206 22 Jun 1994 EAT Employment [ Bailii ] Â Trollope and Colls Construction Ltd v Sharp [1994] UKEAT 812_92_2206 22 Jun 1994 EAT Employment 1 Cites [ Bailii ] Â Moran v Hudson (T/A Smiles for Hair) [1994] UKEAT 123_94_2206 22 Jun 1994 EAT Employment [ Bailii ] Â Skelton v Hygena Ltd [1994] UKEAT 107_94_2206 22 Jun 1994 EAT Employment [ Bailii ] Â Â Vickerstaff v Edbro Plc; EAT 23-Jun-1994 - [1994] UKEAT 351_94_2306 Â Post Office v Grant [1994] UKEAT 780_93_2306 23 Jun 1994 EAT Employment [ Bailii ] Â Egerton and others v Hewitt Refractories Ltd [1994] UKEAT 326_92_2306 23 Jun 1994 EAT Employment [ Bailii ] Â T James (Bedlington) Ltd v Treadwell and others [1994] UKEAT 780_92_2306 23 Jun 1994 EAT Employment [ Bailii ] Â Adkins v Secretary of State for Employment [1994] UKEAT 861_92_2406 24 Jun 1994 EAT Employment [ Bailii ] Â Aslam International Freight Ltd (T/A Express Enterprises) v Iqbal [1994] UKEAT 589_93_2406 24 Jun 1994 EAT Employment [ Bailii ] Â Dhanjal v British Steel Plc [1994] UKEAT 66_94_2406 24 Jun 1994 EAT Employment [ Bailii ] Â Cox v Tracel Unicom Ltd [1994] UKEAT 333_94_2706 27 Jun 1994 EAT Employment [ Bailii ] Â Dutson v Philips Components Ltd [1994] UKEAT 738_92_2706 27 Jun 1994 EAT Employment [ Bailii ] Â Severn v Ponteland Club and Institute Ltd [1994] UKEAT 411_92_2706 27 Jun 1994 EAT Employment [ Bailii ] Â Malli v Greco's Biscuits Ltd [1994] UKEAT 423_94_2706 27 Jun 1994 EAT Employment [ Bailii ] Â Securicor Ltd v Baseley [1994] UKEAT 327_93_2706 27 Jun 1994 EAT Employment [ Bailii ] Â Kershaw v Nottingham City Transport [1994] UKEAT 381_94_2706 27 Jun 1994 EAT Employment [ Bailii ] Â Khan v National Bank of Pakistan [1994] UKEAT 206_94_2806 28 Jun 1994 EAT Employment [ Bailii ] Â Clayton v Fysons Conveyors Ltd [1994] UKEAT 182_93_2806 28 Jun 1994 EAT Employment [ Bailii ] Â Johns v Teagle Machinery Ltd [1994] UKEAT 634_93_2806 28 Jun 1994 EAT Employment [ Bailii ] Â Klinke v Court of Justice C-298/93; [1994] EUECJ C-298/93P 29 Jun 1994 ECJ Employment Official - Application for appointment to the higher grade in career bracket A 7/A 6. [ Bailii ] Â Rajani v S Dory Ltd [1994] UKEAT 24_93_2906 29 Jun 1994 EAT Employment 1 Cites [ Bailii ] Â Blanchard v Hussmann Refrigeration Ltd [1994] UKEAT 815_92_2906 29 Jun 1994 EAT Employment [ Bailii ] Â Teixeira v Garfunkels Restaurant Plc [1994] UKEAT 410_94_2906 29 Jun 1994 EAT Employment [ Bailii ] Â Frimpong v London Underground Ltd [1994] UKEAT 183_94_2906 29 Jun 1994 EAT Employment [ Bailii ] Â Robson v Boys and Girls Welfare Society [1994] UKEAT 1015_93_2906 29 Jun 1994 EAT Employment [ Bailii ] Â Â Baxter and others v Limb Group of Companies; CA 30-Jun-1994 - [1994] EWCA Civ 29; [1994] IRLR 572 Â Rowland v Rowe [1994] UKEAT 602_94_3006 30 Jun 1994 EAT Employment [ Bailii ] Â Bateman and Another v Healds Foods Ltd [1994] UKEAT 919_92_3006 30 Jun 1994 EAT Employment [ Bailii ] Â Michael Testler Management Services Ltd v Greenwood [1994] UKEAT 826_92_3006 30 Jun 1994 EAT Employment [ Bailii ] Â Smith v Rank Brimar Ltd [1994] UKEAT 1080_93_3006 30 Jun 1994 EAT Employment [ Bailii ] Â Lindsay v Cumbria County Council [1994] UKEAT 522_94_3006 30 Jun 1994 EAT Employment [ Bailii ] Â Lawton v Gray (T/A Grays Motor Factors) [1994] UKEAT 34_94_3006 30 Jun 1994 EAT Employment [ Bailii ] Â Windmill v UK Optical Ltd [1994] UKEAT 716_92_0107 1 Jul 1994 EAT Employment [ Bailii ] Â Griffiths v Stavros Properties (Bolton) Ltd [1994] UKEAT 196_94_0107 1 Jul 1994 EAT Employment [ Bailii ] Â Williams v Oxford Health Authority [1994] UKEAT 687_92_0107 1 Jul 1994 EAT Employment [ Bailii ] Â Linsie v Solihull Metropolitan Borough Council [1994] UKEAT 429_94_0107 1 Jul 1994 EAT Employment [ Bailii ] Â Rosser v South Wales Motor Factors Ltd [1994] UKEAT 867_92_0107 1 Jul 1994 EAT Employment [ Bailii ] Â Shahrokni v Kingsway College and others [1994] UKEAT 435_94_0107 1 Jul 1994 EAT Employment 1 Citers [ Bailii ] Â Dacombe v Medway [1994] UKEAT 569_92_0407 4 Jul 1994 EAT Employment [ Bailii ] Â Clifford v Devon County Council [1994] UKEAT 40_93_0407 4 Jul 1994 EAT Employment [ Bailii ] Â Sysmatic Ltd v Gawley [1994] UKEAT 195_94_0407 4 Jul 1994 EAT Employment [ Bailii ] Â Busfield v Bunn (T/A Aire Valley Construction Company) [1994] UKEAT 81_93_0507 5 Jul 1994 EAT Employment [ Bailii ] Â Hussain v British Steel Plc and Another [1994] UKEAT 426_93_0507 5 Jul 1994 EAT Employment [ Bailii ] Â Robertson Tooling Ltd v Doyle [1994] UKEAT 866_92_0507 5 Jul 1994 EAT Employment [ Bailii ] Â Panesar v Unisys Ltd [1994] UKEAT 558_94_0507 5 Jul 1994 EAT Employment [ Bailii ] Â Mcandrew v Chemical Bank and Another [1994] UKEAT 299_94_0607 6 Jul 1994 EAT Employment [ Bailii ] Â Headline Press Ltd v Mirror Group Newspapers Ltd Times, 06 July 1994 6 Jul 1994 QBD Employment Change of style of column by editor was breach of columnist's contract. Â Post Office v Rainbird [1994] UKEAT 876_92_0707 7 Jul 1994 EAT Employment [ Bailii ] Â Â Spring v Guardian Assurance Plc and Others; HL 7-Jul-1994 - Independent, 12 July 1994; Times, 08 July 1994; Gazette, 02 November 1994; [1995] 2 AC 296; [1994] IRLR 460; [1994] ICR 596; [1994] UKHL 7; [1994] 3 All ER 129; [1994] CLC 766; [1994] 3 WLR 354 Â Mcmanus v Whittingham Bradwell and Mack [1994] UKEAT 124_93_0807 8 Jul 1994 EAT Employment [ Bailii ] Â Associated Newspapers Ltd v Reynolds [1994] UKEAT 903_92_0807 8 Jul 1994 EAT Employment [ Bailii ] Â Corby Borough Council v Barratt [1994] UKEAT 306_94_1107 11 Jul 1994 EAT Employment [ Bailii ] Â Butcher v British Steel Plc [1994] UKEAT 229_93_1207 12 Jul 1994 EAT Employment [ Bailii ] Â Boast v J D Consultancy Ltd [1994] UKEAT 95_94_1207 12 Jul 1994 EAT Employment [ Bailii ] Â Ross v Jones Sewing Machine Co Ltd (T/A Jones and Brother) [1994] UKEAT 454_94_1307 13 Jul 1994 EAT Employment [ Bailii ] Â Smith v New Milton Junior School [1994] UKEAT 700_93_1307 13 Jul 1994 EAT Employment [ Bailii ] Â Nissan Motor Mfg (Ud) Ltd v Dimes [1994] UKEAT 849_93_1407 14 Jul 1994 EAT Employment [ Bailii ] Â Le Monde Petit Ltd v Corless [1994] UKEAT 1054_93_1407 14 Jul 1994 EAT Employment [ Bailii ] Â Fire Brigades Union v Knowles and Another [1994] UKEAT 123_94_1407 14 Jul 1994 EAT Employment 1 Cites [ Bailii ] Â Duffy v Yeoman and Partners Ltd Independent, 15 July 1994; Times, 26 July 1994; [1995] ICR 1 15 Jul 1994 CA Balcombe LJ Employment Redundancy decision without consultation where 'no difference' was found, and there was no alternative, was not unfair. Employment Protection (Consolidation) Act 1978 57(3) 1 Cites 1 Citers Â Pauls Agriculture Ltd v Butler [1994] UKEAT 741_92_1507 15 Jul 1994 EAT Employment [ Bailii ] Â Bury Health Authority v Halloran and Another [1994] UKEAT 675_92_1807 18 Jul 1994 EAT Employment [ Bailii ] Â Securicor Guarding Ltd v Rouse [1994] UKEAT 1004_93_1807 18 Jul 1994 EAT Employment [ Bailii ] Â Polypenco Ltd v Burt [1994] UKEAT 256_94_1807 18 Jul 1994 EAT Morion J Employment Just and equitable - selection for redundancy Employment Protection (Consolidation) Act 1978 57(3) [ Bailii ] Â Shiveral v Foilwraps Flexible Packaging Ltd and Another [1994] UKEAT 714_92_1907 19 Jul 1994 EAT Employment [ Bailii ] Â Soobratty and Another v Mid Essex Health Authority [1994] UKEAT 421_92_1907 19 Jul 1994 EAT Employment [ Bailii ] Â Nixon v the Parochial Church Council of Christ the King, Worthing [1994] UKEAT 207_94_1907 19 Jul 1994 EAT Employment [ Bailii ] Â William Birch (Engineers) Ltd v Riley [1994] UKEAT 326_94_1907 19 Jul 1994 EAT Employment [ Bailii ] Â Swinnock v Grosvenor of Chester (Automotives) Ltd (T/A Grosvenor Mazda) and others [1994] UKEAT 189_93_1907 19 Jul 1994 EAT Employment [ Bailii ] Â Sony (UK) Ltd v Saunders [1994] UKEAT 722_93_2007 20 Jul 1994 EAT Employment [ Bailii ] Â Aah Builders Merchants v Ellard [1994] UKEAT 340_93_2007 20 Jul 1994 EAT Employment [ Bailii ] Â Gwent v West Glamorgan County Council and others [1994] UKEAT 1085_93_2007 20 Jul 1994 EAT Employment [ Bailii ] Â J H Printers Ltd v Taylor [1994] UKEAT 818_93_2007 20 Jul 1994 EAT Employment [ Bailii ] Â Walsall Rubber Co Ltd v Ginifer [1994] UKEAT 495_93_2007 20 Jul 1994 EAT Employment [ Bailii ] Â Metcalfe (T/A Granary Furniture) v Dixon [1994] UKEAT 871_92_2107 21 Jul 1994 EAT Employment [ Bailii ] Â Russia House Ltd and others v Skerry and Another [1994] UKEAT 859_93_2107 21 Jul 1994 EAT Employment [ Bailii ] Â Finzero Ltd (T/A Shiv Fashions) v Holman and Another [1994] UKEAT 359_94_2107 21 Jul 1994 EAT Employment [ Bailii ] Â Pride Vehicle Contracts Ltd v Clark [1994] UKEAT 56_93_2207 22 Jul 1994 EAT Employment [ Bailii ] Â Moreland v Newton (T/A Aden Castings) [1994] UKEAT 435_92_2207 22 Jul 1994 EAT Employment [ Bailii ] Â Holmes v Smiths Industries Aerospace and Defence Systems Ltd [1994] UKEAT 162_92_2207 22 Jul 1994 EAT Employment [ Bailii ] Â Dixon Stores Group Ltd v Dwan and Another [1994] UKEAT 310_93_2507 25 Jul 1994 EAT Employment [ Bailii ] Â Â Barclays Bank Plc v O'Brien and Others; CA 25-Jul-1994 - Ind Summary, 25 July 1994; [1993] ICR 347; 1994] IRLR 580 Â Marques v Blades Barber Shops and Ladies Hair Studios [1994] UKEAT 205_93_2507 25 Jul 1994 EAT Employment [ Bailii ] Â Stocks v Solihull Metropolitan Borough Council [1994] UKEAT 72_94_2507 25 Jul 1994 EAT Employment [ Bailii ] Â Blue Admiral Ltd v Brennan [1994] UKEAT 878_92_2507 25 Jul 1994 EAT Employment [ Bailii ] Â Arthur H Wilton Ltd v Peebles and others [1994] UKEAT 835_93_2607 26 Jul 1994 EAT Employment [ Bailii ] Â C C G Services Ltd v Considine [1994] UKEAT 694_94_2607 26 Jul 1994 EAT Employment [ Bailii ] Â Lombard North Central Plc v Leach and Another [1994] UKEAT 534_92_2607 26 Jul 1994 EAT Employment 1 Cites 1 Citers [ Bailii ] Â Snaith v Codd and Robertson (T/A Apex Insurance) [1994] UKEAT 203_94_2707 27 Jul 1994 EAT Employment [ Bailii ] Â Ashton v Independent Television News Ltd [1994] UKEAT 593_94_2707 27 Jul 1994 EAT Employment [ Bailii ] Â Hayes v Harrods Ltd [1994] UKEAT 242_94_2807 28 Jul 1994 EAT Employment [ Bailii ] Â Richardson v Applied Imaging International Ltd [1994] UKEAT 311_93_2807 28 Jul 1994 EAT Employment [ Bailii ] Â Elwick v Kingston Upon Hull City Council [1994] UKEAT 209_94_2807 28 Jul 1994 EAT Employment [ Bailii ] Â British Coal Corporation v Bowers [1994] UKEAT 1021_93_2807 28 Jul 1994 EAT Employment [ Bailii ] Â United Arab Emirates v Abdelghafar and others [1994] UKEAT 1025_93_2907; [1995] IRLR 243; [1995] ICR 65 29 Jul 1994 EAT Mummery P Employment At a preliminary hearing, when the respondent failed to appear, the tribunal decided that it had jurisdiction to hear a case brought by the claimant against the respondent despite the 1978 Act. The respondent sought to appeal out of time. Held: The Appeal Tribunal should pay regard also decisions on the procedure and practice of the Supreme Court on similar points. 'The Appeal Tribunal and the law which it applies are not sealed in separate compartments impervious to the influence of general principles laid down from time-to-time by other courts in relevant areas of substantive law and procedure.' Here, there was a real possibility of the decision being in error, and the Court had a duty to determine that issue correctly in any event. Leave was given. The court gave guidance on the EAT accepting applications for leave to appeal out of time. There were three questions for the Employment Appeal Tribunal, the parties and their representatives: (1) What is the explanation for the default? (2) Does it provide a good excuse for the default? (3) Are there circumstances which justify the Tribunal taking the exceptional step of granting an extension of time? "The merits of the appeal may be relevant, but are usually of little weight. It is not appropriate on an application for leave to extend time for the appeal tribunal to be asked to investigate in detail the strength of the appeal. Otherwise there is a danger that an application for leave will be turned into a mini-hearing of the substantive appeal." Many explanations for delay do not in fact operate as excuses for delay. An appeal from the Registrar under rule 21(1) of the 1993 Rules is a re-hearing of the Registrar's decision. State Immunity Act 1978 1 4 - Employment Appeal Tribunal Rules 1993 37(1) 1 Cites 1 Citers [ Bailii ] Â United Arab Emirates v A Abdelghafa, Dr A K Abbas PA/1025/93 29 Jul 1994 EAT The Honourable Mr Justice Mummery (P) Employment EAT Time Limits - (no sub-topic) [ EATn ] Â Davies and Others v Hotpoint Ltd Times, 29 July 1994; Ind Summary, 03 October 1994 29 Jul 1994 EAT Employment A change to a collective agreement on short time hours under a minimum wage scheme needed the approval of the staff or their union. Â Jones v Squire's Garage and Road Transport Ltd [1994] UKEAT 752_92_2907 29 Jul 1994 EAT Employment [ Bailii ] Â Bishop v Caledonian Mining Co Ltd [1994] UKEAT 353_93_2907 29 Jul 1994 EAT Employment [ Bailii ] Â Roundshaw and District Community Association v Copeman [1994] UKEAT 691_94_2907 29 Jul 1994 EAT Employment [ Bailii ] Â Ibex Trading Co Ltd v Walton and Others Times, 29 July 1994; Ind Summary, 26 September 1994 29 Jul 1994 EAT Employment A dismissal made when a business transfer was merely being contemplated was not a dismissal 'by reason' of a transfer within the TUPE regulations. Transfer of Undertakings (Protection of Employment) Regulations 1981 (1981 No 1794) Â Â Ministry of Defence v Cannock and Others; EAT 2-Aug-1994 - Independent, 15 September 1994; Times, 02 August 1994; [1994] ICR 918 Â Mediguard Services Ltd v Thame Times, 05 August 1994; Ind Summary, 12 September 1994 5 Aug 1994 EAT Employment Part time employee can rely on art 119 of EC Treaty to claim unfair dismissal to claim compensation for dismissal before having worked 5 years. Â Â In Re Ferranti Plc; In Re Leyland Daf Ltd; ChD 11-Aug-1994 - Independent, 13 September 1994; Times, 11 August 1994 Â G N Netcom Ltd v Whitwell [1994] UKEAT 517_92_3008 30 Aug 1994 EAT Employment [ Bailii ] Â Young v Plymouth City Council [1994] UKEAT 223_94_3108 31 Aug 1994 EAT Employment [ Bailii ] Â Rides v U M S Travel [1994] UKEAT 622_92_3108 31 Aug 1994 EAT Employment [ Bailii ] Â Derwent Coachworks v Kirby [1994] UKEAT 360_93_3108 31 Aug 1994 EAT Employment [ Bailii ] Â Dimemetal Ltd v Fairgrieve [1994] UKEAT 699_94_0109 1 Sep 1994 EAT Employment [ Bailii ] Â Irving v Thwaite Holme Kitchens [1994] UKEAT 787_92_0109 1 Sep 1994 EAT Employment [ Bailii ] Â Rickards v Shipperley [1994] UKEAT 19_93_0209 2 Sep 1994 EAT Employment [ Bailii ] Â Sisson v BPCC Business Magazines (Carlisle) Ltd [1994] UKEAT 644_92_0509 5 Sep 1994 EAT Employment [ Bailii ] Â Persson v Matra Marconi Space UK Ltd [1994] UKEAT 403_94_0609 6 Sep 1994 EAT Employment [ Bailii ] Â Thomas v Lee and Turner Ltd and Another [1994] UKEAT 11_94_0609 6 Sep 1994 EAT Employment [ Bailii ] Â Stewart v Cassette and Record Services Ltd [1994] UKEAT 790_93_0609 6 Sep 1994 EAT Employment [ Bailii ] Â Michael Peters Ltd v Farnfield and Another [1994] UKEAT 533_92_0809 8 Sep 1994 EAT Employment [ Bailii ] Â Deakin and Another v William Gibbons and Sons Ltd [1994] UKEAT 53_94_0909 9 Sep 1994 EAT Employment [ Bailii ] Â King v Dorset County Council and others [1994] UKEAT 823_94_1209 12 Sep 1994 EAT Employment [ Bailii ] Â Goldwell (Hair Cosmetics) Ltd v Lambert [1994] UKEAT 422_94_1209 12 Sep 1994 EAT Employment [ Bailii ] Â Curwood v Curves (Bournemouth) Ltd [1994] UKEAT 396_94_1209 12 Sep 1994 EAT Employment [ Bailii ] Â Lincoln (UK) Ltd v Dennis [1994] UKEAT 993_93_1309 13 Sep 1994 EAT Employment 1 Cites [ Bailii ] Â M and E Design Associates Ltd v Turton [1994] UKEAT 516_93_1309 13 Sep 1994 EAT Employment [ Bailii ] Â Automotive and Financial Group Ltd v Mahmood [1994] UKEAT 675_94_1309 13 Sep 1994 EAT Employment [ Bailii ] Â British Gas Plc v Marks [1994] UKEAT 176_93_1409 14 Sep 1994 EAT Employment [ Bailii ] Â Minett v Do It All Ltd [1994] UKEAT 863_94_1409 14 Sep 1994 EAT Employment [ Bailii ] Â Laher v Wandsworth Borough Council and Another [1994] UKEAT 38_92_1409 14 Sep 1994 EAT Employment [ Bailii ] Â Pearse v East Sussex County Council [1994] UKEAT 428_94_1509 15 Sep 1994 EAT Employment [ Bailii ] Â Cornerstone Estate Agency Ltd v Pratt [1994] UKEAT 170_94_1509 15 Sep 1994 EAT Employment [ Bailii ] Â Soffer v London Borough of Brent [1994] UKEAT 684_94_1509 15 Sep 1994 EAT Employment [ Bailii ] Â Race (T/A Metframe Service Co) v Romaine [1994] UKEAT 616_93_1609 16 Sep 1994 EAT Employment [ Bailii ] Â Hobbs v British Railways Board [1994] UKEAT 340_94_1609 16 Sep 1994 EAT Employment [ Bailii ] Â Williams v Shico (Uk) Ltd [1994] UKEAT 521_92_1609 16 Sep 1994 EAT Employment [ Bailii ] Â West Midlands Travel Ltd v Transport and General Workers Union Ind Summary, 19 September 1994 19 Sep 1994 CA Employment Where there were two questions on a strike vote ballot, the majorities were to be considered separately. Trade Union Act 1984 10(3) Â Evans v Manweb Plc [1994] UKEAT 546_92_1909 19 Sep 1994 EAT Employment [ Bailii ] Â Hackney London Borough Council v Benn Ind Summary, 19 September 1994 19 Sep 1994 EAT Employment A tribunal is not to substitute its own judgment for that of the reasonable employer standard. Â Bison Floors Ltd v Jugpall [1994] UKEAT 1017_93_2009 20 Sep 1994 EAT Employment [ Bailii ] Â Evans v British Gas Plc (Southern) [1994] UKEAT 373_94_2009 20 Sep 1994 EAT Employment [ Bailii ] Â John Crilley and Son and Another v Grant [1994] UKEAT 193_93_2009 20 Sep 1994 EAT Employment [ Bailii ] Â Delaney v Men at Work Plc [1994] UKEAT 195_92_2109 21 Sep 1994 EAT Employment [ Bailii ] Â Ryan v All Black Cabs Ltd [1994] UKEAT 581_93_2109 21 Sep 1994 EAT Employment [ Bailii ] Â Rovenska v General Medical Council Independent, 22 September 1994; [1994] UKEAT 163_93_1103 22 Sep 1994 EAT Mummery J Discrimination, Employment The complainant said that the respondent's rules imposing language skills testing on doctors with recognised foreign qualifications were discriminatory. Held: Discriminatory rules are a continuing act and the complaint was not barred by time limit. The complaint was not time-barred because it was: "about the maintenance and operation of a scheme for exemption which extends over a period, that period being the currency of the scheme or rules." 1 Citers [ Bailii ] Â Somjee v Merseyside Regional Health Authority [1994] UKEAT 60_94_2209 22 Sep 1994 EAT Employment [ Bailii ] Â Somjee v Merseyside Regional Health Authority [1994] UKEAT 87_90_2209 22 Sep 1994 EAT Employment [ Bailii ] Â Hutchcraft v Edwards [1994] UKEAT 505_94_2209 22 Sep 1994 EAT Employment [ Bailii ] Â Dickens Ltd v Broadbent [1994] UKEAT 845_92_2309 23 Sep 1994 EAT Employment [ Bailii ] Â Rogers v Poltair School and Another [1994] UKEAT 370_93_2309 23 Sep 1994 EAT Employment [ Bailii ] Â Herrin v Somerset Care Ltd [1994] UKEAT 389_94_2609 26 Sep 1994 EAT Employment [ Bailii ] Â Butler v Kilroy Pipeline Services Ltd [1994] UKEAT 412_94_2709 27 Sep 1994 EAT Employment [ Bailii ] Â Vroege v NCIV Instituut voor Volkshuisvesting B V C-57/93; [1994] ECR I-4541 28 Sep 1994 ECJ European, Discrimination, Employment, Benefits Europa The right to join an occupational pension scheme, the rules of which were not laid down directly by law but were the result of negotiation between both sides of the industry concerned and all that the public authorities did was, at the request of such employers' and trade union organizations as were considered to be representative, to declare the scheme compulsory for the whole of the industry concerned, is covered by the concept of pay within the meaning of Article 119 of the Treaty with the result that it is subject to the prohibition of discrimination on grounds of sex laid down by that article. It follows that an occupational pension scheme which by excluding married women from membership operates discrimination directly based on sex contravenes Article 119 of the Treaty. Where the exclusion concerns part-time workers, that provision is contravened only if the exclusion affects a greater number of women than men unless the employer shows that it may be explained by objectively justified factors unrelated to any discrimination on grounds of sex. The limitation of the effects in time of the judgment of 17 May 1990 in Case C-262/88 Barber concerns only those kinds of discrimination which employers and pension schemes could reasonably have considered to be permissible owing to the transitional derogations for which Community law provided and which were capable of being applied to occupational pensions. This does not cover discrimination in relation to membership of occupational pension schemes held to be unlawful under Article 119 of the Treaty in the judgment of 13 May 1986 in Case 170/84 Bilka which itself contained no temporal limitation of its effects. In the absence of such a limitation, whose later introduction is in any event excluded, the direct effect of Article 119 of the Treaty can be relied upon in order retroactively to claim equal treatment in relation to the right to join an occupational pension scheme and this may be done as from 8 April 1976, the date of the judgment in Case 43/75 Defrenne in which the Court held for the first time that Article 119 has direct effect. The Protocol on Article 119 of the Treaty, annexed to the Treaty on European Union, concerns all benefits paid by an occupational social security scheme but not the right to join such a scheme. The question of membership is thus governed by the judgment of 13 May 1986 in Case 170/84 Bilka according to which an undertaking which, without objective justification unrelated to any discrimination on grounds of sex, accords different treatment to men and women by excluding a category of employees from a company pension scheme infringes Article 119 of the Treaty. 1 Citers Â Fisscher v Voorhuis Hengelo and Stichting Bedrijfspensioenfonds voor de Detailhandel C-128/93; [1994] ECR I-4583; [1994] EUECJ C-128/93; [1995] ICR 635 28 Sep 1994 ECJ European, Employment, Discrimination Europa The right to join an occupational pension scheme, the rules of which were not laid down directly by law but were the result of negotiation between both sides of the industry concerned and all that the public authorities did was, at the request of such employers' and trade union organizations as were considered to be representative, to declare the scheme compulsory for the whole of the industry concerned, is covered by the concept of pay within the meaning of Article 119 of the Treaty with the result that it is subject to the prohibition of discrimination on grounds of sex laid down by that article. It follows that an occupational pension scheme which, by excluding married women from membership, operates discrimination directly based on sex, contravenes Article 119 of the Treaty. The limitation of the effects in time of the judgment of 17 May 1990 in Case C-262/88 Barber concerns only those kinds of discrimination which employers and pension schemes could reasonably have considered to be permissible owing to the transitional derogations for which Community law provided and which were capable of being applied to occupational pensions. This does not cover discrimination in relation to membership of occupational pension schemes held to be unlawful under Article 119 of the Treaty in the judgment of 13 May 1986 in Case 170/84 Bilka which itself contained no temporal limitation of its effects. In the absence of such a limitation, the direct effect of Article 119 of the Treaty can be relied upon in order retroactively to claim equal treatment in relation to the right to join an occupational pension scheme and this may be done as from 8 April 1976, the date of the judgment in Case 43/75 Defrenne in which the Court held for the first time that Article 119 has direct effect. However, the fact that a worker can claim retroactively to join an occupational pension scheme does not allow the worker to avoid paying the contributions relating to the period of membership concerned. The national rules relating to time-limits for bringing actions under national law may be relied on against workers who assert their right to join an occupational pension scheme, provided that they are not less favourable for that type of action than for similar actions of a domestic nature and that they do not render the exercise of rights conferred by Community law impossible in practice. Europa Although not party to the employment relationship, the administrators of an occupational pension scheme are called upon to pay out benefits which constitute pay within the meaning of Article 119 and, like any employer, must therefore comply with that provision by doing all within their powers to ensure that the principle of equal treatment is observed in this respect and scheme members must be able to rely upon it as against them. The effectiveness of Article 119 would be considerably diminished and the legal protection required to achieve real equality would be impaired if an employee could rely on that provision only as against the employer and not against the administrators of the scheme who are expressly charged with performing the employer' s obligations. The Protocol on Article 119 of the Treaty, annexed to the Treaty on European Union, concerns all benefits paid by an occupational social security scheme but not the right to join such a scheme. The question of membership is thus governed by the judgment of 13 May 1986 in Case 170/84 Bilka, according to which an undertaking which, without objective justification unrelated to any discrimination on grounds of sex, accords different treatment to men and women by excluding a category of employees from a company pension scheme infringes Article 119 of the Treaty. 1 Citers [ Bailii ] Â Matveeff v Link Miles Ltd [1994] UKEAT 125_93_2809 28 Sep 1994 EAT Employment 1 Cites [ Bailii ] Â Helliwell v Auranqzeb Iqbal and Co [1994] UKEAT 127_94_2909 29 Sep 1994 EAT Employment [ Bailii ] Â Parkinson v March Consulting Ltd [1994] UKEAT 776_94_0310 3 Oct 1994 EAT Employment [ Bailii ] Â Cleveland Transit Ltd v Walton [1994] UKEAT 9_94_0310 3 Oct 1994 EAT Employment [ Bailii ] Â Taylor v British Airways Plc [1994] UKEAT 882_94_0310 3 Oct 1994 EAT Employment [ Bailii ] Â Brookner v Cranbrook Training Plc and Another [1994] UKEAT 753_93_0410 4 Oct 1994 EAT Employment [ Bailii ] Â Northern Aggregates Ltd v Lawson [1994] UKEAT 638_93_0410 4 Oct 1994 EAT Employment [ Bailii ] Â Tilefixers (Newcastle) Ltd v Watson [1994] UKEAT 285_94_0410 4 Oct 1994 EAT Employment [ Bailii ] Â Scott v British Telecommunications Plc [1994] UKEAT 830_92_0410 4 Oct 1994 EAT Employment [ Bailii ] Â Lane v NALGO [1994] UKEAT 865_93_0510 5 Oct 1994 EAT Employment [ Bailii ] Â Jarvis (T/A Skelton Builders) v Doran [1994] UKEAT 301_93_0510 5 Oct 1994 EAT Employment [ Bailii ] Â Drinkwater Sabey Ltd v Burnett and Another [1994] UKEAT 718_94_0510; [1995] IRLR 238 5 Oct 1994 EAT Employment 1 Cites 1 Citers [ Bailii ] Â Kalamaras Ltd v Casanova [1994] UKEAT 51_94_0610 6 Oct 1994 EAT Employment [ Bailii ] Â Wiggins v Breckenborough School [1994] UKEAT 533_94_0610 6 Oct 1994 EAT Employment [ Bailii ] Â Perera v Royal Hospital and Home [1994] UKEAT 693_94_0610 6 Oct 1994 EAT Employment [ Bailii ] Â Jones v Serco Ltd [1994] UKEAT 477_94_0610 6 Oct 1994 EAT Employment [ Bailii ] Â Newbury v Arcade Motors Ltd [1994] UKEAT 681_93_0610 6 Oct 1994 EAT Employment [ Bailii ] Â S Jones Industrial Holdings v Jarvis and Another [1994] UKEAT 641_93_0610 6 Oct 1994 EAT Employment [ Bailii ] Â London Branch of Nigerian Universities Commission v Bastians [1994] UKEAT 143_94_0610 6 Oct 1994 EAT Employment [ Bailii ] Â Leverton and Another v AR and J T (Newquay) Ltd [1994] UKEAT 114_94_0710 7 Oct 1994 EAT Employment [ Bailii ] Â Khan v London Borough of Tower Hamlets [1994] UKEAT 166_94_0710 7 Oct 1994 EAT Employment [ Bailii ] Â Taylor v Reuters Ltd [1994] UKEAT 720_94_0710 7 Oct 1994 EAT Employment [ Bailii ] Â Matthews v Cambridge Garage (Farnborough) Ltd [1994] UKEAT 51_94_0710 7 Oct 1994 EAT Employment [ Bailii ] Â D'Costa v IBM (Uk) Ltd [1994] UKEAT 73_94_0710 7 Oct 1994 EAT Employment [ Bailii ] Â Buckland v Woolwich Property Services [1994] UKEAT 826_93_0710 7 Oct 1994 EAT Employment [ Bailii ] Â Automotive amd Financial Group Ltd v Bark [1994] UKEAT 398_94_1010 10 Oct 1994 EAT Employment 1 Cites [ Bailii ] Â Potts v Nicholson and Wood (T/A Rebound Motor Parts) [1994] UKEAT 680_94_1010 10 Oct 1994 EAT Employment [ Bailii ] Â Benson v Merseyside Immigration Advice Unit [1994] UKEAT 713_93_1010 10 Oct 1994 EAT Employment [ Bailii ] Â Gordon Lodge Nursing Home v Jama [1994] UKEAT 692_93_1010 10 Oct 1994 EAT Employment [ Bailii ] Â Cook v Pennine Fire Extinguisher Services [1994] UKEAT 80_94_1010 10 Oct 1994 EAT Employment [ Bailii ] Â Blewitt Landscapes Ltd v Garlick [1994] UKEAT 512_94_1010 10 Oct 1994 EAT Employment [ Bailii ] Â Kelly v the South Manchester College [1994] UKEAT 633_94_1010 10 Oct 1994 EAT Employment [ Bailii ] Â Blewitt Landscapes Ltd v Hill [1994] UKEAT 630_94_1010 10 Oct 1994 EAT Employment [ Bailii ] Â A J Stephens and Son v Dixon and Another [1994] UKEAT 952_93_1110 11 Oct 1994 EAT Employment [ Bailii ] Â Blank and Another v Devonport Management Ltd [1994] UKEAT 703_93_1110 11 Oct 1994 EAT Employment [ Bailii ] Â Wythenshawe Hospital v Lewis [1994] UKEAT 221_94_1110 11 Oct 1994 EAT Employment [ Bailii ] Â Belham v Freemans Plc [1994] UKEAT 640_94_1210 12 Oct 1994 EAT Employment [ Bailii ] Â Commercial Finance Co Ltd (In Liquidation) v Ramsingh-Mahabir Gazette, 12 October 1994 12 Oct 1994 PC Employment, Commonwealth 'Retrenchment' compensation rules do not apply in company liquidation. Â Glanford Borough Council v Kneeshaw [1994] UKEAT 332_93_1210 12 Oct 1994 EAT Employment [ Bailii ] Â London Borough of Tower Hamlets v Sullivan [1994] UKEAT 52_93_1210 12 Oct 1994 EAT Employment [ Bailii ] Â Platt and Another v Avalon Funeral Supplies Ltd [1994] UKEAT 519_94_1310 13 Oct 1994 EAT Employment [ Bailii ] Â Ali and others v Joseph Hoyle and Sons Ltd [1994] UKEAT 599_93_1410 14 Oct 1994 EAT Employment 1 Cites [ Bailii ] Â Arab Republic of Egypt v Gamal-Eldin and Another [1994] UKEAT 482_94_1410 14 Oct 1994 EAT Mummery J Employment The appellant appealed a finding against it in the Employment tribunal, saying it had state immunity. Held: "If the industrial tribunal fails to give effect to an immunity in fact enjoyed by the Arab Republic of Egypt as a result of not having all the relevant evidence, it is, in our view, the duty of the appeal tribunal to correct this error and give effect to this immunity, even if that means departing from the rules which normally apply to the admission of new evidence on appeal". 1 Citers [ Bailii ] Â Reeves and Another v Green Street Green Social Club [1994] UKEAT 230_93_1410 14 Oct 1994 EAT Employment [ Bailii ] Â Renwick v Browne and Another [1994] UKEAT 651_93_1710 17 Oct 1994 EAT Employment [ Bailii ] Â Morris v Zoom Photographic Ltd [1994] UKEAT 529_94_1710 17 Oct 1994 EAT Hull QC HHJ Employment, Discrimination Sex Discrimination Act 1975 [ Bailii ] Â London Borough of Camden v Watson [1994] UKEAT 613_93_1710 17 Oct 1994 EAT Employment [ Bailii ] Â Charles v Snape [1994] UKEAT 685_94_1710 17 Oct 1994 EAT Employment [ Bailii ] Â Post Office v Essien [1994] UKEAT 680_93_1810 18 Oct 1994 EAT Employment [ Bailii ] Â Patel v Hettihewa [1994] UKEAT 478_93_1810 18 Oct 1994 EAT Employment [ Bailii ] Â Secretary of State for Employment v Davey [1994] UKEAT 155_94_1810 18 Oct 1994 EAT Employment [ Bailii ] Â Johnson v Barhale Construction Plc [1994] UKEAT 358_93_1810 18 Oct 1994 EAT Employment [ Bailii ] Â Bennett and Another v Flairfit Ltd [1994] UKEAT 803_94_1810 18 Oct 1994 EAT Employment [ Bailii ] Â Baymark Ltd v Latta and others [1994] UKEAT 799_93_1810 18 Oct 1994 EAT Employment [ Bailii ] Â Tilbury Douglas Plc v Robinson [1994] UKEAT 231_93_1910 19 Oct 1994 EAT Employment [ Bailii ] Â Ministry of Defence v Worrollo [1994] UKEAT 1048_93_1910 19 Oct 1994 EAT Employment [ Bailii ] Â Robinson v Neopost Ltd [1994] UKEAT 566_94_1910 19 Oct 1994 EAT Employment [ Bailii ] Â Just Fern Ltd D'Ingerthorpe and others [1994] UKEAT 671_92_1910 19 Oct 1994 EAT Employment [ Bailii ] Â Proffitt v Digbeth Coachcraft [1994] UKEAT 83_94_2010 20 Oct 1994 EAT Employment [ Bailii ] Â Morrison-Hodo v Nottingham Area Health Authority and others [1994] UKEAT 368_93_2010 20 Oct 1994 EAT Employment [ Bailii ] Â Scale Reprographics Ltd v Mcsweeney [1994] UKEAT 499_94_2010 20 Oct 1994 EAT Employment [ Bailii ] Â A F Blakemore and Son Ltd v Proffitt [1994] UKEAT 14_94_2010 20 Oct 1994 EAT Employment [ Bailii ] Â Williams v British Coal Corporation [1994] UKEAT 394_93_2110 21 Oct 1994 EAT Employment [ Bailii ] Â Shepherd v Thermal Processing Group Ltd [1994] UKEAT 591_94_2110 21 Oct 1994 EAT Employment [ Bailii ] Â Harold Supplies Plc v Jackson [1994] UKEAT 706_94_2110 21 Oct 1994 EAT Employment [ Bailii ] Â Miller v Chef and Brewer Group Ltd [1994] UKEAT 580_94_2110 21 Oct 1994 EAT Employment [ Bailii ] Â Atlas Wright (London) Ltd v Kay [1994] UKEAT 281_94_2110 21 Oct 1994 EAT Employment [ Bailii ] Â P D Engineering v Feibel [1994] UKEAT 650_93_2110 21 Oct 1994 EAT Employment [ Bailii ] Â Mclaren v Bahamas High Commission [1994] UKEAT 740_94_2410 24 Oct 1994 EAT Employment [ Bailii ] Â Farid v Anglia Regional Co-Op Society Ltd [1994] UKEAT 436_93_2410 24 Oct 1994 EAT Employment [ Bailii ] Â Post Office v Cookson [1994] UKEAT 339_93_2410 24 Oct 1994 EAT Employment [ Bailii ] Â Turner v Whitehouse Group Ltd [1994] UKEAT 102_94_2410 24 Oct 1994 EAT Employment [ Bailii ] Â Smith v Avon County Council [1994] UKEAT 748_94_2410 24 Oct 1994 EAT Employment [ Bailii ] Â Bond and Another v Drury and Another [1994] UKEAT 372_93_2510 25 Oct 1994 EAT Employment [ Bailii ] Â Scott v Royal Mail Letters [1994] UKEAT 831_94_2510 25 Oct 1994 EAT Employment [ Bailii ] Â Cunningham v Westcliff High School for Girls and Another [1994] UKEAT 201_94_2510 25 Oct 1994 EAT Employment [ Bailii ] Â Wood v British Railways Board [1994] UKEAT 861_94_2510 25 Oct 1994 EAT Employment [ Bailii ] Â RazoUK v Tilbury Douglas Homes Ltd [1994] UKEAT 701_94_2610 26 Oct 1994 EAT Employment [ Bailii ] Â Lunn v Jackson [1994] UKEAT 645_93_2610 26 Oct 1994 EAT Employment [ Bailii ] Â Inpholink Ltd v Dawson [1994] UKEAT 990_93_2610 26 Oct 1994 EAT Employment [ Bailii ] Â Maddocks v J Li Leach and Co [1994] UKEAT 476_93_2610 26 Oct 1994 EAT Employment [ Bailii ] Â Needlers Plc v Whittleton [1994] UKEAT 631_93_2710 27 Oct 1994 EAT Employment [ Bailii ] Â Mean Fiddler Ltd and Another v McHugh [1994] UKEAT 1000_94_2710 27 Oct 1994 EAT Employment [ Bailii ] Â Walsby v the Automobile Association [1994] UKEAT 310_94_2710 27 Oct 1994 EAT Employment [ Bailii ] Â Ansells Ltd v Davies [1994] UKEAT 979_93_2710 27 Oct 1994 EAT Employment [ Bailii ] Â Bancroft Motor Factors Ltd v Hinks [1994] UKEAT 45_94_2810 28 Oct 1994 EAT Employment [ Bailii ] Â Bathgate v British Coal Corporation [1994] UKEAT 216_93_2810 28 Oct 1994 EAT Employment [ Bailii ] Â Passi and others v Ray [1994] UKEAT 506_93_2810 28 Oct 1994 EAT Employment [ Bailii ] Â Carmelitano v Kingston and Esher Health Authority [1994] UKEAT 39_93_2810 28 Oct 1994 EAT Employment [ Bailii ] Â McGeough v Oxford United FC Ltd [1994] UKEAT 792_93_2810 28 Oct 1994 EAT Employment [ Bailii ] Â Trafalgar House Services Ltd v Whitehead [1994] UKEAT 357_94_2810 28 Oct 1994 EAT Employment [ Bailii ] Â Purchase v Ellis and Buckle [1994] UKEAT 647_94_3110 31 Oct 1994 EAT Employment 1 Citers [ Bailii ] Â Burrell v Secretary of State for Employment [1994] UKEAT 369_93_3110 31 Oct 1994 EAT Employment [ Bailii ] Â Post Office v Timmins [1994] UKEAT 907_94_3110 31 Oct 1994 EAT Employment [ Bailii ] Â Williams v Taffy's Carpets Ltd [1994] UKEAT 80_93_3110 31 Oct 1994 EAT Employment [ Bailii ] Â Secretary of State for Employment v Baggett and Another [1994] UKEAT 328_94_3110 31 Oct 1994 EAT Employment [ Bailii ] Â Neatherway v Basildon District Council [1994] UKEAT 943_93_3110 31 Oct 1994 EAT Employment [ Bailii ] Â Whittle Contractors Ltd v Smith [1994] UKEAT 842_94_0111 1 Nov 1994 EAT Employment [ Bailii ] Â Doran v Key Print Trade Finishers [1994] UKEAT 493_93_0111 1 Nov 1994 EAT Employment [ Bailii ] Â Thraxton v Walon Ltd [1994] UKEAT 228_93_0111 1 Nov 1994 EAT Employment [ Bailii ] Â Gordon v Ralph and Another [1994] UKEAT 742_94_0111 1 Nov 1994 EAT Employment [ Bailii ] Â Waite v Multilift Ltd [1994] UKEAT 709_93_0111 1 Nov 1994 EAT Employment [ Bailii ] Â Chaudhry v Wiltshire County Council [1994] UKEAT 315_94_0111 1 Nov 1994 EAT Employment [ Bailii ] Â Plummer v British Airways Plc [1994] UKEAT 193_94_0111 1 Nov 1994 EAT Employment [ Bailii ] Â National Union of Teachers and Others v St Mary's Church Of England Junior School and Others [1994] UKEAT 905_93_0211; [1995] ICR 317 2 Nov 1994 EAT Mummery J Employment, European, Discrimination EAT Whether the Acquired Rights Directive EC77/187 ("the Directive") is enforceable against the governing body of a voluntary aided school, as an emanation of the State within the meaning ascribed to that expression by the European Court of Justice in Foster v. British Gas Plc [1991] 2 AC 306. 1 Cites 1 Citers [ Bailii ] Â Lyttle v Metropolitan Housing Trust [1994] UKEAT 899_93_0211 2 Nov 1994 EAT Employment [ Bailii ] Â Osei v Irish Life Assurance Ltd [1994] UKEAT 888_94_0211 2 Nov 1994 EAT Employment [ Bailii ] Â Production Pressings Ltd v Spowage [1994] UKEAT 732_93_0211 2 Nov 1994 EAT Employment [ Bailii ] Â Poat v Holiday Inn Worldwide [1994] UKEAT 883_93_0211 2 Nov 1994 EAT Employment [ Bailii ] Â Slingo v A and R Motors Ltd [1994] UKEAT 606_94_0311 3 Nov 1994 EAT Employment [ Bailii ] Â Madley v Chelmsford College Corporation [1994] UKEAT 927_94_0311 3 Nov 1994 EAT Employment [ Bailii ] Â El-Bashary v Al-Ahram International [1994] UKEAT 541_94_0311 3 Nov 1994 EAT Employment [ Bailii ] Â Mian v Department of Health [1994] UKEAT 8_93_0311 3 Nov 1994 EAT Employment [ Bailii ] Â Brighton Borough Transport Ltd v Gray [1994] UKEAT 446_93_0411 4 Nov 1994 EAT Employment [ Bailii ] Â Blair v Lochaber District Council Times, 04 November 1994 4 Nov 1994 OHCS Judicial Review, Employment, Scotland A decision made within the confines of an employment contract is not susceptible to judicial review since no sufficient public law interest is involved even though the employer was a public authority. Â Peers and 99 Ors v Liverpool City Council [1994] UKEAT 284_93_0411 4 Nov 1994 EAT Employment [ Bailii ] Â Morrison v The Post Office [1994] UKEAT 206_94_0611 6 Nov 1994 EAT Employment [ Bailii ] Â Cobham v Forest Healthcare NHS Trust [1994] UKEAT 916_93_0611 6 Nov 1994 EAT Employment [ Bailii ] Â Ministry of Defence v JG [1994] UKEAT 573_94_0711 7 Nov 1994 EAT Employment [ Bailii ] Â Laurens Manor Nursing Home v Mitchell [1994] UKEAT 234_93_0711 7 Nov 1994 EAT Employment [ Bailii ] Â Fraser v Easton Masonry Co [1994] UKEAT 919_94_0711 7 Nov 1994 EAT Employment [ Bailii ] Â J H Dewhurst Ltd v Jack [1994] UKEAT 8_94_0711 7 Nov 1994 EAT Employment [ Bailii ] Â Cooke v Ministry of Defence [1994] UKEAT 497_94_0711 7 Nov 1994 EAT Employment [ Bailii ] Â PC Wainwright v Commercial Hydraulic Kontak Ltd [1994] UKEAT 704_93_0811 8 Nov 1994 EAT Employment [ Bailii ] Â Dalton v Secretary of State for Employment [1994] UKEAT 721_94_0811 8 Nov 1994 EAT Employment [ Bailii ] Â British Telecommunications Plc v Cash [1994] UKEAT 246_93_0811 8 Nov 1994 EAT Employment [ Bailii ] Â Robert Cort Ltd v Magyar [1994] UKEAT 180_93_0811 8 Nov 1994 EAT Employment [ Bailii ] Â Pitt v Ministry of Defence [1994] UKEAT 618_94_0711 8 Nov 1994 EAT Employment [ Bailii ] Â Wagu v Saginaw Steering Gear [1994] UKEAT 537_92_0911 9 Nov 1994 EAT Employment [ Bailii ] Â Rhodes v New Possibilities NHS Trust [1994] UKEAT 1038_94_0911 9 Nov 1994 EAT Employment [ Bailii ] Â Bathgate v British Coal Corporation [1994] UKEAT 216_93_0911 9 Nov 1994 EAT Employment [ Bailii ] Â Clark v Secretary of State for Employment [1994] UKEAT 337_92_0911 9 Nov 1994 EAT Employment [ Bailii ] Â Johnson v Steve Lilley Racing Ltd [1994] UKEAT 916_94_0911 9 Nov 1994 EAT Employment [ Bailii ] Â J Blake and Co Ltd v Hart [1994] UKEAT 764_93_0911 9 Nov 1994 EAT Employment [ Bailii ] Â Fidge and Others v Governing Body of St Mary's C of E Aided Junior School Times, 09 November 1994 9 Nov 1994 EAT Employment Governors were not a statutory body for transfer of undertakings regulations. Â Perera v Vallance [1994] UKEAT 639_92_1011 10 Nov 1994 EAT Employment [ Bailii ] Â Singh v Barclays Bank Plc [1994] UKEAT 974_93_1011 10 Nov 1994 EAT Employment [ Bailii ] Â Â Garage Equipment Maintenance Co Ltd v Holloway; EAT 10-Nov-1994 - [1994] UKEAT 582_94_1011 Â Harper v Austin Productions Ltd [1994] UKEAT 634_94_1011 10 Nov 1994 EAT Employment [ Bailii ] Â Murray v Weidmuller (Klippon Products) Ltd [1994] UKEAT 234_94_1111 11 Nov 1994 EAT Employment [ Bailii ] Â Â Adamson v B and L Cleaning Services Ltd; EAT 11-Nov-1994 - [1994] UKEAT 712_93_1111 Â Post Office v Shearer and others [1994] UKEAT 169_93_1111 11 Nov 1994 EAT Employment [ Bailii ] Â Â Jones v Borough Council of Calderdale; EAT 11-Nov-1994 - [1994] UKEAT 641_94_1111 Â The National Union of Mineworkers (Yorkshire Area) v Millward [1994] UKEAT 535_94_1111 11 Nov 1994 EAT Employment [ Bailii ] Â Adamson v B and L Cleaning Services Ltd [1994] UKEAT 712_93_1111 11 Nov 1994 EAT Employment Appeal against finding that dismissal was fair. [ Bailii ] Â Salisbury v SIP (Industrial Products) Ltd [1994] UKEAT 47_93_1411 14 Nov 1994 EAT Employment [ Bailii ] Â Dalgarno v United Kingdom Atomic Energy Authority [1994] UKEAT 277_94_1411 14 Nov 1994 EAT Employment [ Bailii ] Â Smith v Johnson [1994] UKEAT 64_93_1411 14 Nov 1994 EAT Employment [ Bailii ] Â Blaker v Gateway Foodmarkets Ltd [1994] UKEAT 901_94_1411 14 Nov 1994 EAT Employment [ Bailii ] Â Securicor Vehicle Services Ltd v It Cornish [1994] UKEAT 971_93_1411 14 Nov 1994 EAT Employment [ Bailii ] Â Gutteridge v British Telecommunications Plc [1994] UKEAT 1027_93_1411 14 Nov 1994 EAT Employment [ Bailii ] Â Taymech Ltd v Ryan [1994] UKEAT 663_94_1511 15 Nov 1994 EAT Mummery P J Employment 1 Citers [ Bailii ] Â Spindler and Hodges Ltd v Stock [1994] UKEAT 805_94_1511 15 Nov 1994 EAT Employment [ Bailii ] Â Whitbread Plc (T/A Whitbread Berni Inns) v Flatter and Another [1994] UKEAT 287_94_1511 15 Nov 1994 EAT Employment [ Bailii ] Â Whitbread Plc (T/A Whitbread Berni Inns) v Holder [1994] UKEAT 531_94_1511 15 Nov 1994 EAT Employment [ Bailii ] Â Heath v Brake Brothers Foodservices Ltd [1994] UKEAT 891_94_1511 15 Nov 1994 EAT Employment [ Bailii ] Â Gossiel v Sheffield City Council [1994] UKEAT 659_94_1511 15 Nov 1994 EAT Employment [ Bailii ] Â Nestle UK Ltd v Burke [1994] UKEAT 743_94_1511 15 Nov 1994 EAT Employment [ Bailii ] Â Cochran v Grey Pine Ltd [1994] UKEAT 925_93_1611 16 Nov 1994 EAT Employment [ Bailii ] Â Downsend School Ltd v Hawtin [1994] UKEAT 491_94_1611 16 Nov 1994 EAT Employment [ Bailii ] Â Libotte and Another v Crosfield Electronics Ltd [1994] UKEAT 185_94_1611 16 Nov 1994 EAT Employment [ Bailii ] Â Stephenson Shuttering Contractors Ltd v Mccaffrey [1994] UKEAT 890_93_1711 17 Nov 1994 EAT Employment [ Bailii ] Â Lopez v Army and Navy Club [1994] UKEAT 887_94_1711 17 Nov 1994 EAT Employment [ Bailii ] Â Charles Robertson (Developments) Ltd v White and Another [1994] UKEAT 450_93_1711 17 Nov 1994 EAT Employment [ Bailii ] Â Waters v Commissioner of Police of Metropolis [1994] UKEAT 785_92_1711 17 Nov 1994 EAT Employment, Discrimination 1 Citers [ Bailii ] Â Ingram v Screen Rentals Ltd and others [1994] UKEAT 350_94_1811 18 Nov 1994 EAT Employment [ Bailii ] Â Mitchell v NuSwift International Ltd [1994] UKEAT 600_94_1811 18 Nov 1994 EAT Employment [ Bailii ] Â Rawley v Camelot Barthropp Ltd [1994] UKEAT 764_94_1811 18 Nov 1994 EAT Employment [ Bailii ] Â Riley v Meat and Livestock Commission [1994] UKEAT 307_93_2111 21 Nov 1994 EAT Employment 1 Cites [ Bailii ] Â Pedder (T/A D R Pedder Vehicle Repair and Tyre Centre v Bird [1994] UKEAT 970_93_2211 22 Nov 1994 EAT Employment 1 Cites [ Bailii ] Â Darchem Contracting UK Ltd v Gibbs [1994] UKEAT 540_93_2211 22 Nov 1994 EAT Employment [ Bailii ] Â Hall v Hemmington Scott Publishing [1994] UKEAT 421_94A_2211 22 Nov 1994 EAT Employment [ Bailii ] Â Cusworth v Yorkshire Water Services Ltd [1994] UKEAT 366_93_2211 22 Nov 1994 EAT Employment [ Bailii ] Â Gwent v West Glamorgan County Council and others [1994] UKEAT 1085_93_2211 22 Nov 1994 EAT Employment [ Bailii ] Â Pulham v Branagan [1994] UKEAT 841_94_2311 23 Nov 1994 EAT Employment [ Bailii ] Â Norwich Co-Operative Society Ltd v Peart [1994] UKEAT 392_93_2311 23 Nov 1994 EAT Employment [ Bailii ] Â McMeechan v Secretary of State for Employment and Another [1994] UKEAT 1006_93_2311 23 Nov 1994 EAT Employment The applicant was a temporary worker on the books of an employment agency, which went into insolvent liquidation. He claimed that he had a contract of service with the agency. That formed the basis of his application to the Secretary of State under the relevant employment protection legislation for payment of money owing to him in respect of his last engagement. The Secretary of State disputed his entitlement on the ground that he was not an employee of the agency and was self employed. 1 Citers [ Bailii ] Â Rice v Dennis [1994] UKEAT 451_94_2311 23 Nov 1994 EAT Employment [ Bailii ] Â Home Office v Barnes and Others Independent, 23 November 1994 23 Nov 1994 QBD Employment, Administrative, Prisons Prison officers may not, in the course of an employment dispute, refuse to accept prisoners into the prison after they had been properly committed to the care of the prison in which they worked. Prisons Act 1952 8 Â Watling v Gloucestershire County Council [1994] UKEAT 868_94_2311 23 Nov 1994 EAT Employment [ Bailii ] Â Normand Motor Group Ltd v Murtuza [1994] UKEAT 666_94_2311 23 Nov 1994 EAT Employment [ Bailii ] Â Litherland v Walker- Trowbridge Ltd [1994] UKEAT 419_93_2411 24 Nov 1994 EAT Employment [ Bailii ] Â Hopkin v Mcnally and Another [1994] UKEAT 872_94_2411 24 Nov 1994 EAT Employment [ Bailii ] Â Adamson v B and L Cleaning Services Ltd [1994] UKEAT 712_93_2411 24 Nov 1994 EAT Employment [ Bailii ] Â Hewson v Spectrol Reliance Ltd [1994] UKEAT 655_94_2411 24 Nov 1994 EAT Employment [ Bailii ] Â United States of America v Hicks [1994] UKEAT 1070_94_2411 24 Nov 1994 EAT Employment [ Bailii ] Â TNT Express UK Ltd v McConnell [1994] UKEAT 612_94_2511 25 Nov 1994 EAT Employment 1 Cites [ Bailii ] Â Dicks v Buckland [1994] UKEAT 972_93_2811 28 Nov 1994 EAT Employment [ Bailii ] Â Mitchell v Castle Contracts (Portsmouth) Computer Flooring [1994] UKEAT 783_93_2811 28 Nov 1994 EAT Employment [ Bailii ] Â Essex and Herts Health Services v Sudani [1994] UKEAT 508_94_2811 28 Nov 1994 EAT Employment [ Bailii ] Â Lombard North Central Plc v Leach and Another [1994] UKEAT 534_92_2811 28 Nov 1994 EAT Employment 1 Cites [ Bailii ] Â Nelson v G B Farrar and Co Ltd [1994] UKEAT 10_93_2811 28 Nov 1994 EAT Employment [ Bailii ] Â Osho v Pizza Hut (Uk) Ltd [1994] UKEAT 573_93_2911 29 Nov 1994 EAT Employment [ Bailii ] Â Bedford and others v Furniture Timber and Allied Trades Union [1994] UKEAT 469_94_2911 29 Nov 1994 EAT Employment Union members said they had been unlawfully disciplined by the transferor union and sought their remedy against the transferee, the GMB. Held. There was a transfer of engagements and that the GMB were liable. 1 Citers [ Bailii ] Â Piggin v Meason Freer and Co Ltd [1994] UKEAT 781_94_3011 30 Nov 1994 EAT Employment [ Bailii ] Â Papadakis v Mermaid Inn Ltd [1994] UKEAT 759_94_3011 30 Nov 1994 EAT Employment [ Bailii ] Â Trago Mills (Falmouth) Ltd v Roberts [1994] UKEAT 726_93_3011 30 Nov 1994 EAT Employment 1 Cites [ Bailii ] Â Saavedra v Aceground Ltd (T/A Terrazza-Est) [1994] UKEAT 639_93_3011 30 Nov 1994 EAT Employment [ Bailii ] Â Vascroft Contractors Ltd v Falvey and Another [1994] UKEAT 176_94_0112 1 Dec 1994 EAT Employment [ Bailii ] Â Rover Group Ltd v Hall [1994] UKEAT 20_93_0112 1 Dec 1994 EAT Employment [ Bailii ] Â Paterson and Another v Russell and Brand Ltd [1994] UKEAT 772_92_0212 2 Dec 1994 EAT Employment [ Bailii ] Â Levenstein v College Christmas Cracker Co Ltd and Another [1994] UKEAT 877_93_0212 2 Dec 1994 EAT Employment [ Bailii ] Â Watkin v Holmes (T/A Holmes Transport) [1994] UKEAT 785_93_0512 5 Dec 1994 EAT Employment [ Bailii ] Â Paulley v Eastwood [1994] UKEAT 478_94_0512 5 Dec 1994 EAT Employment [ Bailii ] Â Miller v Aldwick Parish Council [1994] UKEAT 364_93_0512 5 Dec 1994 EAT Employment [ Bailii ] Â Jones v Merseyside Transport Ltd [1994] UKEAT 521_94_0512 5 Dec 1994 EAT Employment [ Bailii ] Â Boobyer v Tone Interiors Ltd and Another [1994] UKEAT 624_93_0512 5 Dec 1994 EAT Employment [ Bailii ] Â James v Mccormick [1994] UKEAT 920_92_0512 5 Dec 1994 EAT Employment [ Bailii ] Â Davidson v Sue Ryder Foundation [1994] UKEAT 336_93_0512 5 Dec 1994 EAT Employment [ Bailii ] Â Rhodes (Deceased) v Ingersoll Dresser Pumps (Uk) Ltd (Ph) [1994] UKEAT 552_94_0612 6 Dec 1994 EAT Employment [ Bailii ] Â Leicester University Students Union v Mahomed Times, 06 December 1994; Ind Summary, 09 January 1995; [1994] UKEAT 4_93_1310 6 Dec 1994 EAT Pill LJ Employment The Union appealed a finding of unfair dismissal and discrimination. It denied that she had sufficient continuous service, saying that the peirod suggested involved working for two employers. It also said that since the objection went as to jurisdiction, there was no requirement for it to have leave to appeal. Held: Meeting the continuous employment criteria is not a precondition to the Employment Tribunal having jurisdiction, but proof of meeting the qualifying period is a precondition to a finding of unfair dismissal: "the right under Section 67 to present a complaint does not depend upon prior proof that Section 54 applies. Jurisdiction to consider the complaint is conferred by Section 67. If, on the evidence, the qualifying period is not established, the Applicant has not established the right conferred by Section 54. It does not follow that a Tribunal decision that the right exists, made upon a complaint being presented to it and upon the evidence, was made without jurisdiction if it subsequently transpires that the qualifying period had not been served." Employment Protection (Consolidation) Act 1988 64(1)(b) 1 Cites [ Bailii ] Â Marley (Uk) Ltd v Duckworth [1994] UKEAT 580_93_0612 6 Dec 1994 EAT Employment [ Bailii ] Â Th v T [1994] UKEAT 684_94_0612 6 Dec 1994 EAT Employment [ Bailii ] Â O'Kane and Another v Grayston White and Sparrow Ltd [1994] UKEAT 247_93_0612 6 Dec 1994 EAT Employment 1 Cites [ Bailii ] Â D'Souza v London Borough of Lambeth [1994] UKEAT 266_92_0612 6 Dec 1994 EAT Employment 1 Citers [ Bailii ] Â Promould Ltd v Phillips [1994] UKEAT 546_94_0612 6 Dec 1994 EAT Employment [ Bailii ] Â Minehead Royal British Legion Club Ltd v Gunter [1994] UKEAT 84_94_0612 6 Dec 1994 EAT Employment [ Bailii ] Â Hunt v Fospur Ltd [1994] UKEAT 384_93_0712 7 Dec 1994 EAT Employment [ Bailii ] Â Durham Inns Ltd v Embleton [1994] UKEAT 623_93_0712 7 Dec 1994 EAT Employment [ Bailii ] Â Vroege v Nciv Instituut Voor Volkshuisvesting Bv and Another Times, 07 December 1994; C-57/93 7 Dec 1994 ECJ Employment Equal rights applied to occupational pension schemes, and to part timers. Â British Rail Aeb British Railways Board v Lockwood and Another [1994] UKEAT 566_93_0812 8 Dec 1994 EAT Employment [ Bailii ] Â McGoldrick v South Derbyshire Ski Centre Ltd [1994] UKEAT 800_93_0812 8 Dec 1994 EAT Employment [ Bailii ] Â Ansells Ltd v Walford [1994] UKEAT 592_94_0812 8 Dec 1994 EAT Employment [ Bailii ] Â Rogers v Gothard L and Lr Ltd [1994] UKEAT 604_92_0812 8 Dec 1994 EAT Employment [ Bailii ] Â Rafiq v Wm Morrison Supermarkets Plc and Another [1994] UKEAT 920_94_0812 8 Dec 1994 EAT Employment [ Bailii ] Â Secretary of State for Employment v Thompson [1994] UKEAT 313_94_0912 9 Dec 1994 EAT Employment [ Bailii ] Â Smith v Safeway Plc Ind Summary, 16 January 1995; Times, 16 December 1994; [1994] UKEAT 185_93_0912 9 Dec 1994 EAT Discrimination, Employment A male employee had been unlawfully discriminated against when he had been dismissed for having long hair, where the same requirements would not have been made of female employees. Sex Discrimination Act 1975 [ Bailii ] Â Gaulton v Aegon Financial Services Ltd [1994] UKEAT 795_94_0912 9 Dec 1994 EAT Employment [ Bailii ] Â Focus Diy Ltd v Nicholson [1994] UKEAT 225_94_0912 9 Dec 1994 EAT Employment [ Bailii ] Â Buckle Farms v Munson [1994] UKEAT 515_93_1212 12 Dec 1994 EAT Employment [ Bailii ] Â Wooff v British Railways Board [1994] UKEAT 1052_94_1212 12 Dec 1994 EAT Employment [ Bailii ] Â John Healy and Co v Raoff [1994] UKEAT 260_94_1212 12 Dec 1994 EAT Employment 1 Cites [ Bailii ] Â Townsend v K B M Associates Ltd [1994] UKEAT 312_94_1212 12 Dec 1994 EAT Employment [ Bailii ] Â Ocean Youth Club v Paddock [1994] UKEAT 674_93_1212 12 Dec 1994 EAT Employment [ Bailii ] Â Traynor v Littlewoods Organisation Plc [1994] UKEAT 874_93_1212 12 Dec 1994 EAT Employment [ Bailii ] Â Bryan v Ford Motor Company [1994] UKEAT 923_94_1212 12 Dec 1994 EAT Employment [ Bailii ] Â Williams v Haringey Health Authority [1994] UKEAT 534_94_1312 13 Dec 1994 EAT Employment [ Bailii ] Â Compass Services (Uk) Ltd v White and Another [1994] UKEAT 526_94_1312 13 Dec 1994 EAT Employment [ Bailii ] Â Peddubriwny v Stevenage Taxis and Another [1994] UKEAT 925_94_1312 13 Dec 1994 EAT Employment [ Bailii ] Â South Bedfordshire Community Health Care Trust v Sagnia [1994] UKEAT 904_93_1312 13 Dec 1994 EAT Employment [ Bailii ] Â Mountjoy v Lister-Petter Ltd [1994] UKEAT 996_93_1312 13 Dec 1994 EAT Employment [ Bailii ] Â Hudson and Another v Lancashire Dairies Ltd [1994] UKEAT 381_93_1412 14 Dec 1994 EAT Employment [ Bailii ] Â George v Williams [1994] UKEAT 969_94_1412 14 Dec 1994 EAT Employment [ Bailii ] Â Hawksby v Secretary of State for Employment [1994] UKEAT 460_93_1412 14 Dec 1994 EAT Employment [ Bailii ] Â Jayetilleke v High Commission of the Commonwealth of the Bahamas [1994] UKEAT 741_94_1412 14 Dec 1994 EAT Employment [ Bailii ] Â Morgan-Owen v London Guildhall University and others [1994] UKEAT 850_94_1412 14 Dec 1994 EAT Employment [ Bailii ] Â Wigfall Group Practice Ltd v Robinson [1994] UKEAT 949_94_1412 14 Dec 1994 EAT Employment [ Bailii ] Â Watkins v Hanway Stationery Ltd [1994] UKEAT 721_93_1412 14 Dec 1994 EAT Employment [ Bailii ] Â Hallam and others v British Coal Corporation [1994] UKEAT 211_93_1512 15 Dec 1994 EAT Employment [ Bailii ] Â Ebac Ltd v Wymer [1994] UKEAT 967_93_1512 15 Dec 1994 EAT Employment [ Bailii ] Â Bison Floors Ltd v Jugpall [1994] UKEAT 1017_93_1512 15 Dec 1994 EAT Employment [ Bailii ] Â North v Rhodes and Another [1994] UKEAT 268_93_1612 16 Dec 1994 EAT Employment [ Bailii ] Â on Site Machining (Southern) Ltd v Middlewick [1994] UKEAT 464_93_1612 16 Dec 1994 EAT Employment [ Bailii ] Â Willis Faber and Dumas Ltd v Carr [1994] UKEAT 1119_94_1612 16 Dec 1994 EAT Employment [ Bailii ] Â Williams v Birmingham City Council [1994] UKEAT 652_93_1712 17 Dec 1994 EAT Employment [ Bailii ] Â Secretary of State for the Home Office v Barnes and Others Times, 19 December 1994 19 Dec 1994 QBD Employment Prison officers may not refuse to accept responsibility for prisoners properly committed to the care of the prison by the courts. Prison Act 1952 8 Â British Railways Board v Jones [1994] UKEAT 671_94_1912 19 Dec 1994 EAT Employment [ Bailii ] Â Ali v Christian Salvesen Food Services Ltd [1994] UKEAT 36_94_1912 19 Dec 1994 EAT Employment 1 Citers [ Bailii ] Â Hall v Parkside Health Authority [1994] UKEAT 837_93_2012 20 Dec 1994 EAT Employment [ Bailii ] Â Â Bevan Ashford (A Firm) v Malin; EAT 20-Dec-1994 - Times, 21 February 1995; [1994] UKEAT 43_94_2012 Â
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Employment - From: 1994 To: 1994