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		Employment - From: 1995 To: 1995 This page lists 803 cases, and was prepared on 02 April 2018. Â Charlton v Charlton Thermosystems (Romsey) Ltd [1995] ICR 56 1995 EAT Employment EAT The EAT set out a procedure for affidavit evidence by an appellant who had never entered a notice of appearance and was seeking to appeal against a substantive decision on the merits reached adversely to him. 1 Citers Â Griffin v South West Water Services Ltd [1995] IRLR 15 1995 Blackburne J Employment, European The court asked at what point the European Directive imposed a duty to consult on an employer contemplating redundancies. Held: The words 'is contemplating' referred to a point before proposals were formulated. Obiter, Blackburne J said "the obligation to consult only arises when the employer's contemplation of redundancies has reached the point where he is able to identify the workers likely to be affected and can supply the information which the Article requires him to supply . . I cannot see that the Article requires the employer to embark upon the process of consultation at any particular moment, much less as soon as he can be said to have in mind that collective redundancies may occur. The essential point to my mind, is that the consultation must be one where, if they wished to do so, the workers' representatives can make constructive proposals and have time in which to do so before the relevant dismissal notices are sent out. This process cannot sensibly begin until, as it seems to me, a point has been reached where the information identified in Article 2 (3) is available." 1 Citers Â Â Paul v East Surrey District Health Authority; CA 1995 - [1995] IRLR 305 Â Â Patel v Nagesan; CA 1995 - [1995] ICR 988 Â Â Birch v Nuneaton and Bedworth Borough Council; EAT 1995 - [1995] IRLR 518; [1995] UKEAT 1083_93_2106 Â Gibson v Cheshire County Council [1995] UKEAT 425_93_1101 11 Jan 1995 EAT Employment [ Bailii ] Â Doegar v Herbert Mueller Ltd (In Receivership) and Another [1995] UKEAT 867_93_1201 12 Jan 1995 EAT Employment [ Bailii ] Â Doegar v Secretary of State for Employment [1995] UKEAT 845_94_1201 12 Jan 1995 EAT Employment [ Bailii ] Â Rowell v Hubbard Group Services Ltd [1995] UKEAT 44_94_1201; [1995] IRLR 195 12 Jan 1995 EAT Employment 1 Cites [ Bailii ] Â Gardiner v Birmingham Stoppers and Cycle Components Co Ltd [1995] UKEAT 158_91_1201 12 Jan 1995 EAT Employment [ Bailii ] Â Moya v London Borough of Greenwich [1995] UKEAT 1193_94_1201 12 Jan 1995 EAT Employment [ Bailii ] Â Higgins v Cables Montague Contracts Ltd [1995] UKEAT 564_93_1201 12 Jan 1995 EAT Employment [ Bailii ] Â Law v Gasking Brothers [1995] UKEAT 864_93_1301 13 Jan 1995 EAT Employment [ Bailii ] Â Clarke v Luton and Dunstable Hospital NHS Trust [1995] UKEAT 847_94_1301 13 Jan 1995 EAT Employment [ Bailii ] Â Hunt and Nash Chartered Surveyors v Dunstall and Another [1995] UKEAT 1064_94_1301 13 Jan 1995 EAT Employment [ Bailii ] Â Morgan v Pizza Hut (Uk) Ltd [1995] UKEAT 955_94_1301 13 Jan 1995 EAT Employment [ Bailii ] Â Save and Prosper Group Ltd v Baker Jones [1995] UKEAT 50_95_1301 13 Jan 1995 EAT Employment [ Bailii ] Â Post Office v Adekeye [1995] UKEAT 625_94_1301 13 Jan 1995 EAT Employment [ Bailii ] Â Stakis Plc v Talal [1995] UKEAT 938_93_1601 16 Jan 1995 EAT Employment [ Bailii ] Â Moran and Another v Kloezeman [1995] UKEAT 38_94_1601 16 Jan 1995 EAT Employment [ Bailii ] Â Hillyard v Swale Housing Association [1995] UKEAT 32_94_1601 16 Jan 1995 EAT Employment [ Bailii ] Â Hulse and Another v E Hillier and Son (Engineering) Ltd and Another [1995] UKEAT 273_94_1701 17 Jan 1995 EAT Employment [ Bailii ] Â Howard Frapwell Insurance and Mortgage Independent and Financial Advisers v Wray [1995] UKEAT 993_94_1701 17 Jan 1995 EAT Employment [ Bailii ] Â Â Save and Prosper Group Ltd v Baker Jones; EAT 17-Jan-1995 - [1995] UKEAT 50_95_1701 Â British Gas Plc (Eastern) v Alden [1995] UKEAT 266_93_1701 17 Jan 1995 EAT Employment [ Bailii ] Â Greenway v Hawkins Book and Card Centre [1995] UKEAT 335_94_1801 18 Jan 1995 EAT Employment [ Bailii ] Â Hatton v Romford Office and Commercial Removals Ltd [1995] UKEAT 918_93_1801 18 Jan 1995 EAT Employment [ Bailii ] Â Mehdi v Logical Computer Supplies Ltd [1995] UKEAT 640_93_1801 18 Jan 1995 EAT Employment [ Bailii ] Â Gross Klein and Co v Collins [1995] UKEAT 251_94_1901; [1995] UKEAT 268_94_1901 19 Jan 1995 EAT Employment 1 Cites 1 Citers [ Bailii ] - [ Bailii ] Â Cornward Ltd v Walton [1995] UKEAT 690_93_1901 19 Jan 1995 EAT Employment [ Bailii ] Â Plumbing and Central Heating and Maintenance Ltd v Howell [1995] UKEAT 1025_93_1901 19 Jan 1995 EAT Employment [ Bailii ] Â Magnet Ltd v Booth [1995] UKEAT 244_94_2001 20 Jan 1995 EAT Employment [ Bailii ] Â Donko v London Carriers (International) Ltd [1995] UKEAT 369_94_2001 20 Jan 1995 EAT Employment [ Bailii ] Â Selfridges Ltd v Wayne and others [1995] UKEAT 486_94_2001 20 Jan 1995 EAT Employment [ Bailii ] Â Squires v Hill Brothers (Chichester) Ltd [1995] UKEAT 329_94_2301 23 Jan 1995 EAT Employment 1 Cites [ Bailii ] Â Boateng v Sugrue and Another [1995] UKEAT 133_93_2301; [1995] UKEAT 346_94_2301 23 Jan 1995 EAT Employment 1 Cites [ Bailii ] - [ Bailii ] Â Gardner Merchant Ltd v Scott [1995] UKEAT 1076_94_2301 23 Jan 1995 EAT Employment [ Bailii ] Â Alibhai v E Moss Ltd [1995] UKEAT 758_93_2401 24 Jan 1995 EAT Employment [ Bailii ] Â Milligan and Another v Securicor Cleaning Ltd [1995] UKEAT 918_94_2401 24 Jan 1995 EAT Employment [ Bailii ] Â United Norwest Co-Operatives Ltd v Biddle and others [1995] UKEAT 605_93_2501 25 Jan 1995 EAT Employment [ Bailii ] Â Harrods Ltd v Fowler [1995] UKEAT 4_94_2601 26 Jan 1995 EAT Employment [ Bailii ] Â Orme v United Bright Bar Co Ltd [1995] UKEAT 533_93_2601 26 Jan 1995 EAT Employment [ Bailii ] Â Hawkes v Treasures Rivers Wyatt and Nattrass and Co [1995] UKEAT 806_94_2701 27 Jan 1995 EAT Employment [ Bailii ] Â Boyle v Kingstown Furniture Ltd [1995] UKEAT 544_94_2701 27 Jan 1995 EAT Employment [ Bailii ] Â Smith v George Fisher Sales Ltd [1995] UKEAT 172_93_2701 27 Jan 1995 EAT Employment [ Bailii ] Â Post Office v Layne [1995] UKEAT 1010_93_3001 30 Jan 1995 EAT Employment [ Bailii ] Â Leisure Accessories Ltd v Reynolds [1995] UKEAT 70_95_3001 30 Jan 1995 EAT Employment [ Bailii ] Â Ashcroft v Bass Taverns Ltd [1995] UKEAT 415_93_3001 30 Jan 1995 EAT Employment [ Bailii ] Â Bradford v Coral Racing Ltd and Another [1995] UKEAT 337_93_3101 31 Jan 1995 EAT Employment [ Bailii ] Â Simpson v Governors of Gordons School [1995] UKEAT 71_95_3101 31 Jan 1995 EAT Employment [ Bailii ] Â Hodgetts v Arthur Prince (Turf Accountants) Ltd [1995] UKEAT 418_93_3101 31 Jan 1995 EAT Employment [ Bailii ] Â Seawise Insurance Consultants Ltd v Day [1995] UKEAT 298_93_3101 31 Jan 1995 EAT Employment [ Bailii ] Â Kearns v The Secretary of State for Employment [1995] UKEAT 571_94_3101 31 Jan 1995 EAT Employment [ Bailii ] Â Filcom Ltd v Ross [1995] UKEAT 472_93_3101 31 Jan 1995 EAT Employment [ Bailii ] Â Asi Glass Processing Ltd v Vincent [1995] UKEAT 1198_94_0102 1 Feb 1995 EAT Employment [ Bailii ] Â Dransfield v Tgwu [1995] UKEAT 431_94_0102 1 Feb 1995 EAT Employment [ Bailii ] Â Davies v Cerrig Camu Ltd [1995] UKEAT 235_93_0102 1 Feb 1995 EAT Employment [ Bailii ] Â King and Others v Eaton Ltd Times, 01 February 1995; [1995] IRLR 75 1 Feb 1995 IHCS Employment, Scotland The applicants were four of 20 employees selected for redundancy. One complaint was that, although they had been given details of their own marks, they were no allowed to see the ratings for others; another was that the supervisors responsible for the markings were insufficiently informed to make fair assessments. These complaints were upheld by the Industrial Tribunal, which was also critical of the fact that the member of senior management called to justify the assessment results was unable to speak of the detailed merits of the assessments made of the applicants by the supervisors who had marked their forms. The employer appealed. Held: The appeal was allowed. Nothing suggested that the assessment process was carried out otherwise than honestly and reasonably: "In fact it appears to us that what the employers did in this case was to set up a good system of selection, reasonably administered. It may very well have been possible to argue about the individual markings of individual employees, but that is a comment which applies as much to the marking of those who were not selected for redundancy as to that of those who were. If the view taken by the Industrial Tribunal were carried to its logical conclusion, there could be no alternative but to require the employer, in every such case, to produce all the evidence bearing upon all the assessments out of which the redundancy decision arose. That seems to us to go far further than is proper." A consultation on a selection for redundancy is not complete if the selection criteria are not disclosed. Employment Protection (Consolidation) Act 1978 57(3) 1 Citers Â Johal v Wolverhampton Metropolitan Borough Council [1995] UKEAT 936_94_0102 1 Feb 1995 EAT Employment [ Bailii ] Â Â Kay and Another v Knauf UK Gmbh; EAT 1-Feb-1995 - [1995] UKEAT 72_95_0102 Â J C Bell and Sons Coaches v Robertson [1995] UKEAT 560_94_0202 2 Feb 1995 EAT Employment [ Bailii ] Â Featherstone v St Helens Metropolitan Borough Council [1995] UKEAT 536_94_0202 2 Feb 1995 EAT Mummery P J Employment [ Bailii ] Â Chamberlain Vinyl Products Ltd v Patel [1995] UKEAT 796_94_0202 2 Feb 1995 EAT Employment [ Bailii ] Â J A G Engineering and Packaging Ltd v Sale [1995] UKEAT 318_94_0202 2 Feb 1995 EAT Employment [ Bailii ] Â Lloyd v IBM (UK) Ltd [1995] UKEAT 642_94_0302 3 Feb 1995 EAT Employment 1 Cites [ Bailii ] Â Zaidi v Fimbra [1995] UKEAT 773_94_0302 3 Feb 1995 EAT Employment [ Bailii ] Â Steven v Secretary of State for Employment [1995] UKEAT 1114_94_0302 3 Feb 1995 EAT Employment [ Bailii ] Â Galpin v Rye St Antony School [1995] UKEAT 1082_94_0602 6 Feb 1995 EAT Employment [ Bailii ] Â South Durham Health Authority v Unison [1995] UKEAT 932_94_0602 6 Feb 1995 EAT Mummery J P Employment Mummery J P said: "Similarly in the case of entitlement to redundancy payments discussed in the authorities relied on by [counsel] there is no right of action, no entitlement to the payments before the date of termination has arrived. An originating payment for payment before a cause of action has arisen is therefore premature". 1 Citers [ Bailii ] Â Chester v Manning and Another [1995] UKEAT 801_93_0602 6 Feb 1995 EAT Employment [ Bailii ] Â R v Glt/Agc [1995] UKEAT 970_94_0602 6 Feb 1995 EAT Employment [ Bailii ] Â Subhan v Enfield Mosque Society [1995] UKEAT 1061_93_0702 7 Feb 1995 EAT Employment 1 Cites [ Bailii ] Â Corbishley v Wormald Manufacturing Ltd [1995] UKEAT 974_94_0702 7 Feb 1995 EAT Employment [ Bailii ] Â Ganeshmoorthy v H R Smith (Technical Developments) Ltd [1995] UKEAT 510_94_0702 7 Feb 1995 EAT Employment [ Bailii ] Â Signs and Labels Ltd v Wallace [1995] UKEAT 998_94_0702 7 Feb 1995 EAT Employment 1 Citers [ Bailii ] Â Otton v Secretary of State for Employment [1995] UKEAT 1150_94_0702 7 Feb 1995 EAT Employment [ Bailii ] Â Gateway Foodmarkets Ltd v Walker [1995] UKEAT 1084_93_0702 7 Feb 1995 EAT Employment [ Bailii ] Â Dundon v Gpt Ltd [1995] UKEAT 118_93_0702 7 Feb 1995 EAT Employment [ Bailii ] Â Harrison v Kent County Council [1995] UKEAT 824_94_0802 8 Feb 1995 EAT Employment [ Bailii ] Â Whittaker v The Acorn Mill Co Ltd [1995] UKEAT 1081_93_0802 8 Feb 1995 EAT Employment [ Bailii ] Â Agbenyega v GEC Alsthom Distribution Switchgear Ltd [1995] UKEAT 949_93_0802 8 Feb 1995 EAT Employment [ Bailii ] Â Murphy v R E A Bott Ltd [1995] UKEAT 983_93_0902 9 Feb 1995 EAT Employment [ Bailii ] Â Bailey and Sons (Plumbers and Decorators) Ltd v Carter [1995] UKEAT 22_94_0902 9 Feb 1995 EAT Employment [ Bailii ] Â Kelly v Supershades Ltd [1995] UKEAT 727_92_0902 9 Feb 1995 EAT Employment [ Bailii ] Â Boateng v the Science Museum [1995] UKEAT 319_94_1002 10 Feb 1995 EAT Employment [ Bailii ] Â Maskill v Trafalgar House Construction (Regions) Ltd [1995] UKEAT 134_94_1302 13 Feb 1995 EAT Employment [ Bailii ] Â Midland Bank Plc v Whittington and Another [1995] UKEAT 453_94_1302 13 Feb 1995 EAT Employment [ Bailii ] Â Cumberland Motor Services v Burns [1995] UKEAT 621_93_1302 13 Feb 1995 EAT Employment [ Bailii ] Â Whitbread Plc (T/A Thresher) v Warren and Another [1995] UKEAT 574_93_1402 14 Feb 1995 EAT Employment [ Bailii ] Â Wells v Gregson and others [1995] UKEAT 1168_94_1402 14 Feb 1995 EAT Employment [ Bailii ] Â London Underground Ltd v Edwards [1995] UKEAT 241_94_1402 14 Feb 1995 EAT Mummery P J Employment, Discrimination The Tribunal considered the difficulties arising where one party was not represented, but where the case gave rise to difficult questions of law. In this case the claimant alleged sex discrimination in the context of rostering arrangements making demands on her as a sole parent. The defendant appealed against a finding that it was in breach of section 1 of the 1975 Act. Sex Discrimination Act 1975 1(1)(b) 1 Cites 1 Citers [ Bailii ] Â Whiting v Galdas and others [1995] UKEAT 590_94_1402 14 Feb 1995 EAT Employment [ Bailii ] Â Kedgley and others v Crompton Eternacell Ltd [1995] UKEAT 626_93_1502 15 Feb 1995 EAT Employment [ Bailii ] Â Cherrie v the Lewis Group Plc [1995] UKEAT 1200_94_1502 15 Feb 1995 EAT Employment [ Bailii ] Â Williams v Allied Bakeries Ltd [1995] UKEAT 1140_94_1502 15 Feb 1995 EAT Employment [ Bailii ] Â Taylorplan Services Ltd v Ryan and others [1995] UKEAT 132_94_1502 15 Feb 1995 EAT Employment [ Bailii ] Â Â Connolly v Sellers Arenascene Ltd; EAT 16-Feb-1995 - [1995] UKEAT 501_93_1602 Â Delaney v London Borough of Lambeth [1995] UKEAT 737_94_1702 17 Feb 1995 EAT Employment [ Bailii ] Â Cox v Dorniver Ltd [1995] UKEAT 788_94_1702 17 Feb 1995 EAT Employment [ Bailii ] Â Murray v Murray (T/A Newholme Decorators) [1995] UKEAT 750_93_1702 17 Feb 1995 EAT Employment [ Bailii ] Â Ministry of Defence v Meredith [1995] UKEAT 1110_94_1702 17 Feb 1995 EAT Employment [ Bailii ] Â British Telecommunications Plc v Rodrigues [1995] UKEAT 854_92_2002 20 Feb 1995 EAT Employment [ Bailii ] Â Kwik Save Group Plc v Reeve [1995] UKEAT 936_93_2002 20 Feb 1995 EAT Employment [ Bailii ] Â Nimmo v Avon Ambulance Services NHS Trust [1995] UKEAT 122_94_2102 21 Feb 1995 EAT Employment [ Bailii ] Â National Union of Mineworkers (Yorkshire Area) v Millward Times, 21 February 1995 21 Feb 1995 EAT Employment Limited members of union were correctly excluded from ballot on transfer of union to other. Trade Union and Labour Relations (Consolidation) Act 1992 100B Â Foolchand v Mid-Surrey Health Authority [1995] UKEAT 957_93_2102 21 Feb 1995 EAT Employment [ Bailii ] Â ERG Industrial Corporation Ltd v Knibbs [1995] UKEAT 207_93_2202 22 Feb 1995 EAT Employment 1 Cites [ Bailii ] Â Lane v Shire Roofing Co (Oxford) Ltd Times, 22 February 1995 22 Feb 1995 CA Employment Court to look more closely nowadays at employee / independent contractor status Â Johnson v Rushmoor Borough Council [1995] UKEAT 1195_94_2202 22 Feb 1995 EAT Employment [ Bailii ] Â John Knight (Animal By-Products) Ltd v Marshall [1995] UKEAT 177_94_2302 23 Feb 1995 EAT Employment 1 Cites [ Bailii ] Â Shaw v Yorkshire Television [1995] UKEAT 148_95_2302 23 Feb 1995 EAT Employment [ Bailii ] Â Biggs v Somerset County Council Times, 17 July 1995; [1995] UKEAT 995_94_2302 23 Feb 1995 EAT Employment Change on admissibility of claims for part timers does not affect time limits 1 Citers [ Bailii ] Â Arbon v Welding Alloys Ltd [1995] UKEAT 706_93_2402 24 Feb 1995 EAT Employment 1 Cites [ Bailii ] Â Crawford v Secretary of State for Employment and Another [1995] UKEAT 107_93_2702 27 Feb 1995 EAT Employment [ Bailii ] Â Bird v Aker Contracting Plc [1995] UKEAT 613_94_2702 27 Feb 1995 EAT Employment [ Bailii ] Â Ward v Inland Revenue [1995] UKEAT 797_94_2702 27 Feb 1995 EAT Employment [ Bailii ] Â Vaughan and others v the Express Lift Co Ltd [1995] UKEAT 292_93_2802 28 Feb 1995 EAT Employment [ Bailii ] Â Ellis v London Borough of Camden [1995] UKEAT 959_94_2802 28 Feb 1995 EAT Employment [ Bailii ] Â Jones v Customs and Excise [1995] UKEAT 694_93_2802 28 Feb 1995 EAT Employment [ Bailii ] Â Â National Union of Public Employees v Devon County Council; EAT 28-Feb-1995 - [1995] UKEAT 423_93_2802 Â Bateman v Governors of Weald of Kent School [1995] UKEAT 305_94_0103 1 Mar 1995 EAT Employment [ Bailii ] Â Owusu v London Fire and Civil Defence Authority [1995] UKEAT 334_93_0103; [1995] IRLR 574 1 Mar 1995 EAT Mummery J Employment, Discrimination The employee complained of his employer's repeated failure to regrade him, and alleged discrimination. The employer said his claim was out of time. Held. Mummery J made the distinction between single acts of discrimination, and continuing discrimination: "the tribunal erred in law in failing to treat the acts complained of on regrading and failure to give the opportunity to act up as continuing acts . . in our view the allegations amount to a prima facie case that there was a continuing act. The continuing act was in the form of maintaining a practice which, when followed or applied, excluded Mr Owusu from regrading or opportunities to act up. The position is that an act does not extend over a period simply because the doing of the act has continuing consequences. A specific decision not to upgrade may be a specific act with continuing consequences. The continuing consequences do not make it a continuing act. On the other hand, an act does extend over a period of time if it takes the form of some policy, rule or practice, in accordance with which decisions are taken from time to time. What is continuing is alleged in this case to be a practice which results in consistent decisions discriminatory of Mr Owusu. It would be a matter of evidence for the tribunal as to whether such a practice . . in fact exists. It may be that, when explanations are given by the respondents, it will be shown that there is no link between one instance and another, no linking practice but a matter of one-off decisions with different explanations which cannot constitute a practice." 1 Cites 1 Citers [ Bailii ] Â Charalambous v Patel Dodhia and Co [1995] UKEAT 160_95_0103 1 Mar 1995 EAT Employment [ Bailii ] Â Arab Republic of Egypt Embassy v Gamal-Eldin and Another [1995] UKEAT 482_94_0203; [1996] ICR 13 2 Mar 1995 EAT Employment 1 Cites 1 Citers [ Bailii ] Â Martin v Confederation Life Insurance Company [1995] UKEAT 907_93_0203 2 Mar 1995 EAT Employment [ Bailii ] Â Pearson v Tameside Metropolitan Borough Council [1995] UKEAT 67_95_0203 2 Mar 1995 EAT Employment [ Bailii ] Â Strongfarn Management Ltd v Tomlin [1995] UKEAT 1030_94_0203 2 Mar 1995 EAT Employment [ Bailii ] Â Global Securities Ltd v Sollars [1995] UKEAT 1113_94_0303 3 Mar 1995 EAT Employment [ Bailii ] Â Peters and Another v Wetherells Contracts Ltd (T/A Old Mill Brewery) [1995] UKEAT 838_93_0303 3 Mar 1995 EAT Employment [ Bailii ] Â G K P Dynamics v Dexter and Another [1995] UKEAT 153_94_0603 6 Mar 1995 EAT Employment [ Bailii ] Â Turner v Arts Educational School [1995] UKEAT 440_93_0603 6 Mar 1995 EAT Employment [ Bailii ] Â Riverside Health Authority and Another v Chetty and others [1995] UKEAT 1296_95_0603 6 Mar 1995 EAT Employment [ Bailii ] Â Weston (T/A Mildenhire Car Rentals) v Smeltzer [1995] UKEAT 1015_94_0703 7 Mar 1995 EAT Employment [ Bailii ] Â Woodford Park Landscapes Ltd v Taylor and others [1995] UKEAT 903_93_0703 7 Mar 1995 EAT Employment [ Bailii ] Â Whitbread Plc (T/A Thresher) v Farrand [1995] UKEAT 324_94_0703 7 Mar 1995 EAT Employment [ Bailii ] Â A Cars Express Despatch Ltd v Lee [1995] UKEAT 780_94_0703 7 Mar 1995 EAT Employment [ Bailii ] Â Alpha Business Computers Ltd v Brassington [1995] UKEAT 1101_94_0703 7 Mar 1995 EAT Employment [ Bailii ] Â Jackson v Birmingham City Council [1995] UKEAT 167_94_0703 7 Mar 1995 EAT Employment [ Bailii ] Â City Index Ltd v Pooley [1995] UKEAT 35_95_0803 8 Mar 1995 EAT Employment [ Bailii ] Â Ireland v Northern Courier Services Ltd (T/A Document Interlink) [1995] UKEAT 70_94_0803 8 Mar 1995 EAT Employment [ Bailii ] Â Â Vickerstaff v Edbro Plc; EAT 8-Mar-1995 - [1995] UKEAT 1086_94_0803 Â Harrison v Kent County Council Times, 08 March 1995 8 Mar 1995 EAT Employment A refusal of employment for the applicant's past union activities was covered as the refusal was for union membership. Trade Union and Labour Relations (Consolidation) Act 1992 137-1 Â White v Worcester Royal Infirmary [1995] UKEAT 716_94_0803 8 Mar 1995 EAT Employment [ Bailii ] Â McCormick v Dave Allen Distribution Services [1995] UKEAT 913_93_0903 9 Mar 1995 EAT Employment [ Bailii ] Â Murden v W S Business Services Ltd [1995] UKEAT 371_94_0903 9 Mar 1995 EAT Employment [ Bailii ] Â Longdon v British Coal Corporation Times, 14 April 1995; Gazette, 12 April 1995 9 Mar 1995 CA Employment, Personal Injury, Damages, Benefits A pension paid on incapacity as an alternative to retirement was not deductible from damages payable later for negligence. There was no double recovery. Â Chaudhry v Hampshire County Council [1995] UKEAT 720_93_0903 9 Mar 1995 EAT Employment [ Bailii ] Â Morgan v United Dominions Trust [1995] UKEAT 237_95_1003 10 Mar 1995 EAT Employment [ Bailii ] Â Prince v Midland Electricity Plc [1995] UKEAT 798_93_1003 10 Mar 1995 EAT Employment [ Bailii ] Â Whitbread Beer Company v Williams and others [1995] UKEAT 160_94_1003 10 Mar 1995 EAT Employment [ Bailii ] Â Rogers and Another v Redland Roof Tiles Ltd [1995] UKEAT 815_93_1303 13 Mar 1995 EAT Employment [ Bailii ] Â Securicor Hotels Ltd v Thomson [1995] UKEAT 1051_93_1303 13 Mar 1995 EAT Employment [ Bailii ] Â Lambert Smith Hampton Group Ltd v Bagge [1995] UKEAT 531_93_1403 14 Mar 1995 EAT Employment [ Bailii ] Â Krumins v Latvian National Council [1995] UKEAT 861_93_1403 14 Mar 1995 EAT Employment [ Bailii ] Â Joseph Aaron and Co v Taylor [1995] UKEAT 1033_94_1403 14 Mar 1995 EAT Employment [ Bailii ] Â Small v Shrivastava [1995] UKEAT 1032_94_1403 14 Mar 1995 EAT Employment [ Bailii ] Â Cobrawatch Ltd v Finn [1995] UKEAT 1016_93_1403 14 Mar 1995 EAT Employment [ Bailii ] Â Ingersoll-Dresser Pumps (Uk) Ltd v Taylor [1995] UKEAT 391_94_1503 15 Mar 1995 EAT Employment [ Bailii ] Â Tiyamiyu v London Borough of Hackney [1995] UKEAT 1205_94_1603 16 Mar 1995 EAT Employment [ Bailii ] Â Jimenez-Heaney v Latham Crossley and Davis [1995] UKEAT 1028_94_1603 16 Mar 1995 EAT Employment [ Bailii ] Â Michelin Tyre Plc v Pearson [1995] UKEAT 758_94_1603 16 Mar 1995 EAT Employment [ Bailii ] Â Okunowo v Bury Women's Aid [1995] UKEAT 1037_94_1603 16 Mar 1995 EAT Employment [ Bailii ] Â Demeshghi v Bank Melli Iran [1995] UKEAT 179_93_1603 16 Mar 1995 EAT Employment 1 Cites 1 Citers [ Bailii ] Â Bsg Property Services v Tuck and others [1995] UKEAT 245_95_1603 16 Mar 1995 EAT Employment [ Bailii ] Â Â Coker v Diocese of Southwark; ET 16-Mar-1995 - Independent, 16 March 1995; Times, 04 April 1996 Â Francis v TSB Group Plc [1995] UKEAT 57_95_1603 16 Mar 1995 EAT Employment [ Bailii ] Â Hamm v Wear Valley District Council [1995] UKEAT 1068_94_1603 16 Mar 1995 EAT Employment [ Bailii ] Â Watling v Gloucestershire County Council [1995] UKEAT 868_94_1703 17 Mar 1995 EAT Employment [ Bailii ] Â Kelly v Dampa (UK) Ltd [1995] UKEAT 3_93_1703 17 Mar 1995 EAT Employment [ Bailii ] Â Pandya v Leigh Self Service [1995] UKEAT 1074_93_1703 17 Mar 1995 EAT Employment [ Bailii ] Â Pandya v Department of Health and Social Security [1995] UKEAT 249_94_1703 17 Mar 1995 EAT Employment [ Bailii ] Â Pandya v British Railways Board [1995] UKEAT 673_93_1703 17 Mar 1995 EAT Employment [ Bailii ] Â Bharj v Brunel University and Another [1995] UKEAT 804_94_1703 17 Mar 1995 EAT Employment [ Bailii ] Â Â Malik and Another v Bank of Credit and Commerce International Sa; CA 17-Mar-1995 - Times, 12 April 1995; Independent, 17 March 1995 Â Harrison v Cooper and Another (T/A Care Drug Store) [1995] UKEAT 397_94_2003 20 Mar 1995 EAT Employment [ Bailii ] Â Faccenda Chicken Ltd v Evans and Ramsdale [1995] UKEAT 1239_94_2103 21 Mar 1995 EAT Employment 1 Citers [ Bailii ] Â West Midlands Travel Ltd v Hill [1995] UKEAT 162_94_2103 21 Mar 1995 EAT Employment [ Bailii ] Â Sandhu v Leicester City Council [1995] UKEAT 455_94_2103 21 Mar 1995 EAT Employment 1 Cites [ Bailii ] Â Bhardwa v London Borough of Hounslow [1995] UKEAT 402_94_2203 22 Mar 1995 EAT Employment [ Bailii ] Â Morrison v The Post Office [1995] UKEAT 206_94_2203 22 Mar 1995 EAT Employment [ Bailii ] Â Ministry of Defence v Kay [1995] UKEAT 945_94_2203 22 Mar 1995 EAT Employment [ Bailii ] Â Maitra v Lewis Atkins and Co [1995] UKEAT 902_93_2203 22 Mar 1995 EAT Employment [ Bailii ] Â Lodowski v Mease [1995] UKEAT 531_94_2203 22 Mar 1995 EAT Employment [ Bailii ] Â O'Keefe v Navstar Systems Ltd [1995] UKEAT 1237_94_2303 23 Mar 1995 EAT Employment [ Bailii ] Â Wickremasinghe v Crown Prosecution Service [1995] UKEAT 1057_94_2303 23 Mar 1995 EAT Employment [ Bailii ] Â Chaudhry v Kennedy and Donkin Group [1995] UKEAT 84_95_2303 23 Mar 1995 EAT Employment [ Bailii ] Â Culling v Pontins Ltd (T/A Holiday Club Pontins) [1995] UKEAT 1145_94_2303 23 Mar 1995 EAT Employment [ Bailii ] Â Tyldesley v TML Plastics Ltd [1995] UKEAT 1044_93_2303; [1996] IRLR 395 23 Mar 1995 EAT Mummery J Employment, Discrimination Mrs Tyldesley complained that she had been paid less than a male comparator. The employer said the reason for this was that the comparator understood and was committed to the concept of total quality management. The tribunal had found that in relying on a s.1(3) defence the employer had to show, in addition to their being a variation genuinely due to a material factor which was not the difference in sex, the difference was objectively justified. Held: The claimant's appeal succeeded. It was not necessary in order to establish the defence to show objective justification unless the factor relied on was one which affected a considerably higher proportion of women than men, so as to be indirectly discriminatory and thus tainted by sex discrimination. Thus, it followed that it was sufficient if the employer genuinely believed (even if mistaken and even if the belief was not reasonable) that the factor was material: "the industrial tribunal erred in law in directing itself that the explanation for the difference in pay had to be objectively justified. It was sufficient in law that the explanation itself caused the difference or was a sufficient influence to be significant and relevant, whether or not that explanation was objectively justified.” 1 Citers [ Bailii ] Â Â Powdrill and Another v Watson and Another; HL 23-Mar-1995 - Independent, 23 March 1995; Gazette, 03 May 1995; Times, 23 March 1995; [1995] 2 AC 394 Â Bird v Racal Decca Marine Ltd [1995] UKEAT 709_94_2403 24 Mar 1995 EAT Employment [ Bailii ] Â Cradlecraft Engineering Ltd v WnUK [1995] UKEAT 1226_94_2403 24 Mar 1995 EAT Employment [ Bailii ] Â Royal Liverpool University Hospital (NHS) Trust v Redmond and Another [1995] UKEAT 473_94_2403 24 Mar 1995 EAT Employment [ Bailii ] Â Tower Boot Company Ltd v Jones [1995] UKEAT 56_94_2703; [1995] IRLR 529 27 Mar 1995 EAT Employment, Discrimination The company appealed against a finding of race discrimination. Held: As a matter of law the concept of vicarious liability provided for in Section 41(1) of the Act, identical to that under Section 32(1) of the Race Relations Act 1976. Race Relations Act 1976 1 Citers [ Bailii ] Â Chloride Ltd v Cain and Another [1995] UKEAT 564_94_2803 28 Mar 1995 EAT Employment [ Bailii ] Â Mcnamara v Serical Sarl [1995] UKEAT 1076_93_2803 28 Mar 1995 EAT Employment [ Bailii ] Â Fox v Secondsbest Ltd [1995] UKEAT 1123_94_2903 29 Mar 1995 EAT Employment [ Bailii ] Â Taylor (T/A Sunnybank School) v Cross and others [1995] UKEAT 958_94_3003 30 Mar 1995 EAT Employment [ Bailii ] Â Setiya v East Yorkshire Health Authority [1995] UKEAT 771_94_3003 30 Mar 1995 EAT Employment [ Bailii ] Â Iravanian v Luck-Hill (T/A Pizza Hut) [1995] UKEAT 1195_94_3003 30 Mar 1995 EAT Employment [ Bailii ] Â Reynolds v Express Gifts Ltd [1995] UKEAT 686_94_3003 30 Mar 1995 EAT Employment [ Bailii ] Â Â Associated Newspapers Ltd v Wilson; Associated British Ports v Palmer; HL 31-Mar-1995 - Times, 31 March 1995; Independent, 05 April 1995; Gazette, 03 May 1995; [1995] UKHL 2; [1995] ICR 406; [1995] 2 All ER 100; [1995] IRLR 258; [1995] 2 AC 454; [1995] 2 WLR 354 Â Burgess v Bass Taverns Ltd [1995] EWCA Civ 40; [1995] IRLR 596 31 Mar 1995 CA Balcombe, Pill LJJ, Sir Ralph Gibson Employment The appellant had been a "trainer manager" involving presentations at induction courses. He was also a shop steward of a recognised trade union. At the induction course he was also permitted to give a presentation about the union. At the particular induction course in question the appellant had made disparaging remarks about the company and accepted that he had gone "well over the top". Bass took exception to his remarks. It demoted him from the position of trainer in circumstances amounting to a constructive dismissal. The Tribunal rejected his claim under section 152 and found that the reason for the dismissal related to Mr Burgess' conduct in abusing the privilege given to him by his employers to use the meeting as a recruitment forum. The EAT allowed his appeal and substituted a finding that the dismissal was on the grounds of trade union activities. Held: The company's appeal failed. it was not a permissible option for the Industrial Tribunal to find that dismissal was other than for trade union activities. The implied limitation on those activities contended for by the employer was unsustainable. However, Pill LJ said: "I would add that in dealing with the facts of this case, I am very far from saying that the contents of a speech made at a trade union recruiting meeting, however malicious, untruthful or irrelevant to the task in hand they may be, come within the term 'trade union activities' in s.58 of the Act." Trade Union & Labour Relations (Consolidation) Act 1992 152 192 1 Cites 1 Citers [ Bailii ] Â Laura Ashley Ltd v Stead [1995] UKEAT 327_94_3103 31 Mar 1995 EAT Employment [ Bailii ] Â Heffernan v Leeds City Council and others [1995] UKEAT 1093_94_3103 31 Mar 1995 EAT Employment [ Bailii ] Â Coolpike Ltd (T/A Mosaic Designs) v Athill and Another [1995] UKEAT 711_93_3103 31 Mar 1995 EAT Employment [ Bailii ] Â Moore v Messrs Thrings and Long [1995] UKEAT 422_93_0304 3 Apr 1995 EAT Employment [ Bailii ] Â Â Flower v HM Land Registry; EAT 3-Apr-1995 - [1995] UKEAT 1128_94_0304 Â Foresight Strategic Consultants Ltd v Stevenson [1995] UKEAT 616_94_0304 3 Apr 1995 EAT Employment [ Bailii ] Â Davies v Secretary of State for Social Security [1995] UKEAT 802_94_0504 5 Apr 1995 EAT Employment 1 Cites [ Bailii ] Â Topside Group Ltd v Holmes and Another [1995] UKEAT 1067_94_0504 5 Apr 1995 EAT Employment [ Bailii ] Â Ekwuru v London General Bus Co [1995] UKEAT 97_95_0504 5 Apr 1995 EAT Employment [ Bailii ] Â Fox v Brett (T/A Silvershield Windscreens) [1995] UKEAT 344_95_0604 6 Apr 1995 EAT Employment [ Bailii ] Â Waterfield v University of Bristol [1995] UKEAT 338_95_0604 6 Apr 1995 EAT Employment [ Bailii ] Â Bates v Brit European Transport Ltd [1995] UKEAT 309_94_0704 7 Apr 1995 EAT Employment [ Bailii ] Â Clark v Secretary of State for Employment Times, 07 April 1995 7 Apr 1995 EAT Employment A woman on maternity leave was entitled to a redundancy payment on her employer's insolvency. Employment Protection (Consolidation) Act 1978 Â Quarcoopome v Sock Shop Holdings Ltd [1995] UKEAT 300_95_0704 7 Apr 1995 EAT Employment [ Bailii ] Â Gigi's Restaurant Ltd v Jurio [1995] UKEAT 123_95_0704 7 Apr 1995 EAT Employment [ Bailii ] Â Meade-Hill and Another v British Council Independent, 26 April 1995; Times, 14 April 1995 14 Apr 1995 CA Employment, Discrimination An employee mobility clause in a contract must be justified, or it may be discriminatory against women. Sex Discrimination Act 1975 6(1) 77(2) 1 Citers Â British Aerospace plc v Green and Others Independent, 02 May 1995; Times, 18 April 1995; [1995] EWCA Civ 26; [1995] IRLR 433; [1995] ICR 1006 18 Apr 1995 CA Stuart-Smith, Waite, Millett LJJ Employment The employer was to make 530 members of its staff redundant. Each staff member was assessed and scored. The claimants said that the method of selection was unfair, and sought disclosure of the scores of all employees. Held: It was wrong to order discovery of the forms of employees who had not been selected for redundancy where this would impose an excessive burden on the employer. The question was whether the company had adopted a fair procedure when assessing these jobs and had applied it fairly, and it was not for the Tribunal to substitute its own view. If a selection system is to function effectively, its workings should not be scrutinized officiously or subjected to a minute analysis. In this case the employee's true objection would not be assisted by disclosure of results for other workers. Waite LJ said: "The use of a marking system of the kind that was adopted in this case has become a well recognised aid to any fair process of redundancy selection . . One thing, however, is clear: if such a system is to function effectively, its workings are not to be scrutinised officiously. The whole tenor of the authorities to which I have already referred is to show, in both England and Scotland, the courts and tribunals (with substantial contribution from the lay membership of the latter) moving towards a clear recognition that if a graded assessment system is to achieve its purpose it must not be subjected to an over-minute analysis. That applies both at the stage when the system is being actually applied, and also at any later stage when its operation is being called into question before an industrial tribunal." 1 Cites 1 Citers [ Bailii ] Â Boorman v Allmakes Ltd Independent, 03 May 1995; Times, 21 April 1995; [1995] IRLR 553 21 Apr 1995 CA Employment The tribunal had found the claimant to have been unfairly dismissed. The employer had made a payment in satisfaction of his statutory redundacy payment. He appealed an award by the EAT which deducted that payment from his compensation award. Held: The payment could only be deducted if there had actually been a redundancy. If there had not actually been a redundancy, the basic award was not to be reduced by an ex gratia payment which purported to be a redundancy payment. Employment Protection (Consolidation) Act 1978 79(3) 1 Cites 1 Citers Â Sojkowski v BNR Europe Ltd [1995] UKEAT 995_93_2504 25 Apr 1995 EAT Employment [ Bailii ] Â Â FDR Ltd v Holloway; EAT 26-Apr-1995 - [1995] IRLR 400; [1995] UKEAT 240_95_2604 Â Carter v London Borough of Haringey [1995] UKEAT 1073_93_2604 26 Apr 1995 EAT Employment [ Bailii ] Â Holt v Kent County Council [1995] UKEAT 364_95_2704 27 Apr 1995 EAT Employment [ Bailii ] Â MacMillan Distribution Ltd v Maure [1995] UKEAT 982_94_2704 27 Apr 1995 EAT Employment [ Bailii ] Â Secretary of State for Employment v Mann and others [1995] UKEAT 930_94_2804 28 Apr 1995 EAT Employment [ Bailii ] Â W A Goold (Pearmak) Ltd v McConnell and Another [1995] UKEAT 489_94_2804; [1995] IRLR 516 28 Apr 1995 EAT Morison J Employment It is an implied term in a contract of employment that employers should reasonably and promptly afford employees a reasonable opportunity to obtain redress of any grievance. Morison J said: "It is clear therefore that Parliament considered that good industrial relations requires employers to provide their employees with a method of dealing with grievances in a proper and timeous fashion. This is also consistent of course with the Codes of Practice. That being so the industrial tribunal was entitled in our judgment to conclude that there was an implied term in the contract of employment that the employers would reasonably and promptly afford a reasonable opportunity to their employees to obtain redress and any grievance they may have. It was in our judgment rightly conceived that the industrial tribunal that such could be a breach of contract: see paragraph 11." 1 Citers [ Bailii ] Â Bouaka v Home Office [1995] UKEAT 8_95_0105 1 May 1995 EAT Employment [ Bailii ] Â Cruelty Free Manufacturing Ltd v Love [1995] UKEAT 144_95_0105 1 May 1995 EAT Employment [ Bailii ] Â D'Souza v London Borough of Lambeth [1995] UKEAT 266_92_0105 1 May 1995 EAT Employment 1 Cites 1 Citers [ Bailii ] Â Shepherd v A G and M Jacobs [1995] UKEAT 765_95_0105 1 May 1995 EAT Employment [ Bailii ] Â Wbsl Realisation 1992 Ltd v Paul [1995] UKEAT 302_94_0105 1 May 1995 EAT Employment [ Bailii ] Â E T M Steel Fabrications Ltd v Bath [1995] UKEAT 98_95_0205 2 May 1995 EAT Employment [ Bailii ] Â Hardaker v Iron and Steel Trades Confederation [1995] UKEAT 1203_94_0205 2 May 1995 EAT Employment [ Bailii ] Â Gunatilaka v London Borough of Hackney [1995] UKEAT 1030_93_0205 2 May 1995 EAT Employment [ Bailii ] Â Colas Ltd v Cloake and others [1995] UKEAT 1211_94_0305 3 May 1995 EAT Employment [ Bailii ] Â Gowrings of Newbury Ltd v Griffin [1995] UKEAT 293_94_0305 3 May 1995 EAT Employment [ Bailii ] Â Ede v Aylsham Motor Co Ltd [1995] UKEAT 376_94_0305 3 May 1995 EAT Employment [ Bailii ] Â Staff UK Ltd v Mogridge [1995] UKEAT 527_93_0305 3 May 1995 EAT Employment [ Bailii ] Â Teymourian v Muirhead Vactric Plc [1995] UKEAT 645_94_0305 3 May 1995 EAT Employment [ Bailii ] Â Sharpe and Another v Boldy [1995] UKEAT 754_92_0305 3 May 1995 EAT Employment [ Bailii ] Â Udalite Ltd v Suffolk and Another [1995] UKEAT 1107_94_0305 3 May 1995 EAT Employment [ Bailii ] Â Penton v London Borough of Tower Hamlets [1995] UKEAT 460_94_0405 4 May 1995 EAT Employment [ Bailii ] Â Hield Brothers Ltd v Hussain [1995] UKEAT 550_94_0405 4 May 1995 EAT Employment [ Bailii ] Â Harvey v the Institute of the Motor Industry [1995] UKEAT 208_94_0405 4 May 1995 EAT Employment [ Bailii ] Â O'Donovan v Wimpey Group Services Ltd [1995] UKEAT 878_94_0405 4 May 1995 EAT Employment [ Bailii ] Â Butler v Kilroe Pipeline Services Ltd [1995] UKEAT 412_94_0505 5 May 1995 EAT Employment [ Bailii ] Â Burke v Mencap [1995] UKEAT 28_95_0505 5 May 1995 EAT Employment [ Bailii ] Â Normandie Hotel (Bournemouth) Ltd v Lassman [1995] UKEAT 106_95_0505 5 May 1995 EAT Employment [ Bailii ] Â Pasha v Department of Social Security [1995] UKEAT 401_95_0505 5 May 1995 EAT Employment [ Bailii ] Â Pomphrey of Sittingbourne Ltd v Reed [1995] UKEAT 457_94_0505 5 May 1995 EAT Employment [ Bailii ] Â Ross v Ravenswood Foundation [1995] UKEAT 1217_94_0505 5 May 1995 EAT Employment [ Bailii ] Â Agozino v Coventry University [1995] UKEAT 154_95_0505 5 May 1995 EAT Employment [ Bailii ] Â Accent Signs v Jeffs [1995] UKEAT 1172_94_0505 5 May 1995 EAT Employment [ Bailii ] Â Director of Public Prosecutions v Todd Independent, 05 May 1995 5 May 1995 QBD Employment Roads protester stopping workers carrying out duties guilty under employment law. Trade Union and Labour Relations (Consolidation) Act 1992 Â Barrie and others v Rochdale Metropolitan Borough Council [1995] UKEAT 224_94_0505 5 May 1995 EAT Employment [ Bailii ] Â I B P Ltd v Warburton [1995] UKEAT 262_95_0705 7 May 1995 EAT Employment [ Bailii ] Â Jones v Mid-Glamorgan County Council [1995] UKEAT 1310_95_0805 8 May 1995 EAT Employment 1 Citers [ Bailii ] Â Gallagher v Kabil (T/A Laywell Beds) [1995] UKEAT 216_95_0905 9 May 1995 EAT Employment [ Bailii ] Â Boateng v London Borough of Hackney and Another [1995] UKEAT 104_95_0905 9 May 1995 EAT Employment [ Bailii ] Â Â Stirling District Council v Allan; IHCS 9-May-1995 - Times, 09 May 1995 Â British Flowplant Group Ltd and others [1995] UKEAT 41_94_0905 9 May 1995 EAT Employment 1 Cites [ Bailii ] Â Cohen v Secretary of State for Employment [1995] UKEAT 466_94_0905 9 May 1995 EAT Employment [ Bailii ] Â Milligan and Another v Securicor Cleaning Ltd Independent, 18 May 1995; Times, 10 May 1995 10 May 1995 EAT Employment An employee dismissed on a transfer of a business may claim for Unfair Dismissal with less than two years service. Transfer of Undertakings (Protection of Employment) Regulations 1981 (1981 No 1794) Â R D Technology Ltd (T/A Woodley Electronics) v Graham [1995] UKEAT 924_94_1005 10 May 1995 EAT Employment [ Bailii ] Â Lovell v Tesco Stores Ltd [1995] UKEAT 1091_94_1005 10 May 1995 EAT Employment [ Bailii ] Â Lavery v Iceland Frozen Foods Plc [1995] UKEAT 408_95_1005 10 May 1995 EAT Employment [ Bailii ] Â Secretary of State for Employment v Dines and Another [1995] UKEAT 384_94_1005 10 May 1995 EAT Employment [ Bailii ] Â Kennedy v East Dorset Health Authority and Another [1995] UKEAT 1135_94_1005 10 May 1995 EAT Employment [ Bailii ] Â Henry Tooze and Co Ltd v Pilkington [1995] UKEAT 678_94_1005 10 May 1995 EAT Employment [ Bailii ] Â Z v Special Hospitals Service Authority (Ashworth Hospital) [1995] UKEAT 1234_94_1005 10 May 1995 EAT Employment 1 Citers [ Bailii ] Â William Hill Organization Ltd v Bryant [1995] UKEAT 1182_94_1005 10 May 1995 EAT Employment [ Bailii ] Â Warrington v Horsell Plc [1995] UKEAT 150_95_1105 11 May 1995 EAT Employment [ Bailii ] Â Cespedes v Ian Boddy Solicitors [1995] UKEAT 112_91_1105 11 May 1995 EAT Employment [ Bailii ] Â Scott Paper (UK) Ltd v Lee [1995] UKEAT 443_95_1105 11 May 1995 EAT Employment [ Bailii ] Â Hainault Working Mens Club v Rogers [1995] UKEAT 192_95_1105 11 May 1995 EAT Employment [ Bailii ] Â Davis v Freeman Dawson and Co Ltd [1995] UKEAT 543_94_1205 12 May 1995 EAT Employment [ Bailii ] Â Bartlett and Another v Maypark Precision Castings (In Liquidation) and Another [1995] UKEAT 425_94_1205 12 May 1995 EAT Employment [ Bailii ] Â Nottingham County Council v Ayub [1995] UKEAT 439_94_1505 15 May 1995 EAT Employment [ Bailii ] Â Amba Lamps Ltd v Donnelly [1995] UKEAT 1005_93_1505 15 May 1995 EAT Employment [ Bailii ] Â Smith v Table Talk [1995] UKEAT 1216_94_1505 15 May 1995 EAT Employment [ Bailii ] Â Secretary of State for Employment v Mapstone and others [1995] UKEAT 1060_94_1505 15 May 1995 EAT Employment [ Bailii ] Â Gallagher v Northumbrian Water Ltd [1995] UKEAT 214_94_1505 15 May 1995 EAT Employment [ Bailii ] Â Robinson v SDV UK Ltd [1995] UKEAT 198_94_1605 16 May 1995 EAT Employment [ Bailii ] Â Lawton v Ken Gray (T/A Grays Motor Factors) [1995] UKEAT 34_94_1605 16 May 1995 EAT Employment [ Bailii ] Â Secretary of State for Employment v Kirby [1995] UKEAT 186_94_1605 16 May 1995 EAT Employment [ Bailii ] Â Green v Gardiner (T/A Greenveldt Quarantine Kennels and Cattery) [1995] UKEAT 26_95_1605 16 May 1995 EAT Employment [ Bailii ] Â Harrison v Hertfordshire County Council [1995] UKEAT 96_93_1605 16 May 1995 EAT Employment [ Bailii ] Â Ward v Inland Revenue [1995] UKEAT 797_94_1605 16 May 1995 EAT Employment [ Bailii ] Â Faucher v Old Court Hospital [1995] UKEAT 836_94_1705 17 May 1995 EAT Employment [ Bailii ] Â Kwik Save Group Plc v Arkell [1995] UKEAT 556_93_1705 17 May 1995 EAT Employment [ Bailii ] Â Topside Group Ltd v Holmes and Another [1995] UKEAT 1067_94_1705 17 May 1995 EAT Employment [ Bailii ] Â Griffin v Simpson and Another [1995] UKEAT 619_93_1705 17 May 1995 EAT Employment [ Bailii ] Â Carver v British Airways Plc [1995] UKEAT 955_94_1705 17 May 1995 EAT Employment [ Bailii ] Â Smiths Industries Hydraulics Co Ltd v Allsop [1995] UKEAT 1056_93_1805 18 May 1995 EAT Employment [ Bailii ] Â Saro v Wellmeadow Nursing Home Ltd [1995] UKEAT 1124_94_1805 18 May 1995 EAT Employment [ Bailii ] Â Paula Lancaster Dental Practice v Fairclough [1995] UKEAT 482_95_1805 18 May 1995 EAT Employment [ Bailii ] Â Barnsley Metropolitan Borough Council v Prest [1995] UKEAT 379_94_1805 18 May 1995 EAT Employment [ Bailii ] Â Lloyd v Shepherd Construction [1995] UKEAT 132_95_1805 18 May 1995 EAT Employment [ Bailii ] Â Newbold v Modern Security Systems Ltd [1995] UKEAT 386_94_1805 18 May 1995 EAT Employment [ Bailii ] Â Khurana and Another (T/A Gooday Leathergoods) v Scott [1995] UKEAT 539_93_1805 18 May 1995 EAT Employment [ Bailii ] Â Boateng v the Science Museum [1995] UKEAT 319_94_1805 18 May 1995 EAT Employment [ Bailii ] Â Burton v Raphealite Jewellery Ltd (In Liquidation) [1995] UKEAT 98_93_1805 18 May 1995 EAT Employment [ Bailii ] Â Marn Brothers (Holdings) Ltd v Geeson [1995] UKEAT 1162_94_1805 18 May 1995 EAT Employment [ Bailii ] Â Kwik Save Group Plc v Patterson [1995] UKEAT 424_94_1905 19 May 1995 EAT Employment [ Bailii ] Â Somjee v Mersey Regional Health Authority [1995] UKEAT 60_94_1905 19 May 1995 EAT Employment [ Bailii ] Â Lineham v Cleveland County Council [1995] UKEAT 238_95_1905 19 May 1995 EAT Employment [ Bailii ] Â Manson v Thomas Christy Ltd (In Liquidation) [1995] UKEAT 828_94_1905 19 May 1995 EAT Employment [ Bailii ] Â Drudge v Emap Apex Publications Ltd [1995] UKEAT 220_94_1905 19 May 1995 EAT Employment [ Bailii ] Â Abrahams v Performing Right Society Ltd Independent, 25 May 1995; Times, 05 June 1995; [1995] EWCA Civ 35; [1995] IRLR 486; [1995] ICR 1028 19 May 1995 CA Aldous, Hutchison LJJ Employment The same 2 year period of notice in 5 year fixed term contract was to be implied when the original contract was extended for a further 2 years. A renewal of a fixed term contract had the same termination rights; there was no duty to mitigate losses. [ Bailii ] Â Gambone v Goodyear Gb Ltd [1995] UKEAT 190_95_2205 22 May 1995 EAT Employment [ Bailii ] Â Mcdonald v Capital Coaches Ltd [1995] UKEAT 140_94_2205 22 May 1995 EAT Employment [ Bailii ] Â Grazier v East Surrey Hospital and Community NHS Trust [1995] UKEAT 1042_94_2205 22 May 1995 EAT Employment [ Bailii ] Â Secretary of State for Employment v Soobiah [1995] UKEAT 607_94_2205 22 May 1995 EAT Employment [ Bailii ] Â West v R A C Motoring Services [1995] UKEAT 189_95_2305 23 May 1995 EAT Employment [ Bailii ] Â Gateshead Metropolitan Borough Council v Mills [1995] UKEAT 610_92_2305 23 May 1995 EAT Employment [ Bailii ] Â Whitelaw v St George's Health Care NHS Trust and Another [1995] UKEAT 1196_94_2305 23 May 1995 EAT Employment [ Bailii ] Â North Essex Health Authority v Pearce [1995] UKEAT 1001_93_2305 23 May 1995 EAT Employment [ Bailii ] Â Allders Department Stores Ltd v Francis [1995] UKEAT 735_94_2305 23 May 1995 EAT Employment [ Bailii ] Â Kansese v London Borough of Ealing [1995] UKEAT 646_94_2305 23 May 1995 EAT Employment [ Bailii ] Â Ryford Ltd v Drinkwater [1995] UKEAT 723_94_2405 24 May 1995 EAT Employment [ Bailii ] Â Thein v Cross [1995] UKEAT 1103_94_2405 24 May 1995 EAT Employment [ Bailii ] Â Austin v British Telecommunications Plc [1995] UKEAT 238_94_2405 24 May 1995 EAT Employment [ Bailii ] Â Kingsway College and others v Shahrokni [1995] UKEAT 89_95_2405 24 May 1995 EAT Employment 1 Cites [ Bailii ] Â De La Cruz v Adolescent Care: Brit and Another [1995] UKEAT 383_95_2505 25 May 1995 EAT Employment [ Bailii ] Â RJD Associates v Hindes [1995] UKEAT 722_94_2505 25 May 1995 EAT Employment [ Bailii ] Â Duryson v Department of Trade and Industry [1995] UKEAT 1173_94_2505 25 May 1995 EAT Employment [ Bailii ] Â UK Waste Control Ltd v Wren and others [1995] UKEAT 568_94_2505 25 May 1995 EAT Employment [ Bailii ] Â Thomson Tour Operations Ltd v Smith and others [1995] UKEAT 432_95_2505 25 May 1995 EAT Employment [ Bailii ] Â Lambert (T/A A L Lambert and Co) v Rigby [1995] UKEAT 1039_93_2605 26 May 1995 EAT Employment [ Bailii ] Â Alleyne v the Post Office [1995] UKEAT 167_95_2605 26 May 1995 EAT Employment [ Bailii ] Â Ayovuare v London Borough of Greenwich [1995] UKEAT 440_95_2605 26 May 1995 EAT Employment [ Bailii ] Â Qureshi v Spectrol Reliance Ltd [1995] UKEAT 989_94_2605 26 May 1995 EAT Employment [ Bailii ] Â Dorai v Safeway Stores Plc and others [1995] UKEAT 177_95_0606 6 Jun 1995 EAT Employment [ Bailii ] Â Hall Fire Protection Ltd v Buckley [1995] UKEAT 5_94_0606 6 Jun 1995 EAT Employment [ Bailii ] Â Williams v Secretary of State for Employment [1995] UKEAT 662_93_0606 6 Jun 1995 EAT Employment [ Bailii ] Â PGR Management Ltd v Davis and others [1995] UKEAT 561_93_0606 6 Jun 1995 EAT Employment [ Bailii ] Â Keith Carter and Co v Trotter [1995] UKEAT 388_95_0606 6 Jun 1995 EAT Employment [ Bailii ] Â Jones v Winstanley and Co (Kings Norton) Ltd [1995] UKEAT 370_95_0606 6 Jun 1995 EAT Employment [ Bailii ] Â Lifecare NHS Trust v Bradbury [1995] UKEAT 822_94_0706 7 Jun 1995 EAT Employment [ Bailii ] Â Jefferson v Medical Insurance Agency Ltd [1995] UKEAT 195_95_0706 7 Jun 1995 EAT Employment [ Bailii ] Â Fennell v Creda Ltd [1995] UKEAT 1258_94_0706 7 Jun 1995 EAT Employment [ Bailii ] Â Boxall v Prescription Pricing Authority [1995] UKEAT 36_95_0706 7 Jun 1995 EAT Employment 1 Cites [ Bailii ] Â Grants Smoked Foods Ltd v Ivison and Another [1995] UKEAT 1215_94_0706 7 Jun 1995 EAT Employment [ Bailii ] Â Regina v Ministry of Defence Ex Parte Smith and Others Times, 13 June 1995; Independent, 08 June 1995 7 Jun 1995 QBD Simon Brown LJ and Curtis J Employment, Administrative, Human Rights, Discrimination, Armed Forces An MOD ban on employing homosexuals was not Wednesbury unreasonable, even though it might be out of date. Pannick (counsel for the applicant, approved): ´The court may not interfere with the exercise of an administrative discretion on substantive grounds save where the court is satisfied that the decision is unreasonable in the sense that it is beyond the range of responses open to a reasonable decision-maker. But in judging whether the decision-maker has exceeded this margin of appreciation the human rights context is important. The more substantial the interference with human rights, the more the court will require by way of justification before it is satisfied that the decision is reasonable in the sense outlined above.' After referring to changes of attitude in society towards same-sex relationships: "I regard the progressive development and refinement of public and professional opinion at home and abroad, here very briefly described, as an important feature of this case. A belief which represented unquestioned orthodoxy in year X may have become questionable by year Y and unsustainable by year Z. Public and professional opinion are a continuum." Sir Thomas Bingham MR: "It is, inevitably, common ground that the United Kingdom's obligation, [under article 8] binding in international law, to respect and secure compliance with this article is not one that is enforceable by domestic courts. The relevance of the Convention in the present context is as background to the complaint of irrationality. The fact that a decision-maker failed to take account of convention obligations when exercising an administrative discretion is not of itself a ground for impugning that exercise of discretion." European Convention on Human Rights 8 1 Cites 1 Citers Â James Bowman and Sons Ltd v Norman [1995] UKEAT 456_94_0806 8 Jun 1995 EAT Employment [ Bailii ] Â Â Younis v Fine Lady Bakeries Ltd; EAT 8-Jun-1995 - [1995] UKEAT 625_93_0806 Â Atlanta Sports v Robson [1995] UKEAT 127_95_0806 8 Jun 1995 EAT Employment [ Bailii ] Â Culkin v Wirral Borough Council [1995] UKEAT 961_94_0806 8 Jun 1995 EAT Employment [ Bailii ] Â Mann Egerton and Co Ltd v Brown and Another [1995] UKEAT 1073_94_0906 9 Jun 1995 EAT Employment [ Bailii ] Â Kutub v Washington Women In Need [1995] UKEAT 1083_94_0906 9 Jun 1995 EAT Employment [ Bailii ] Â Ali v Christian Salvesen Food Services Ltd [1995] UKEAT 36_94_0906 9 Jun 1995 EAT Employment 1 Cites 1 Citers [ Bailii ] Â Rastall and others v Midlands Electricity Plc [1995] UKEAT 627_93_0906 9 Jun 1995 EAT Employment [ Bailii ] Â Ackerley v Tate Ford (Manchester) Ltd [1995] UKEAT 485_94_0906 9 Jun 1995 EAT Employment [ Bailii ] Â Zahedi v Mcgee [1995] UKEAT 465_94_1206 12 Jun 1995 EAT Employment [ Bailii ] Â Mowle v Chelmsford Hospice Service [1995] UKEAT 162_95_1206 12 Jun 1995 EAT Employment [ Bailii ] Â Ministry of Defence v Bristow [1995] UKEAT 1066_94_1206 12 Jun 1995 EAT Employment [ Bailii ] Â Ministry of Defence v Partridge [1995] UKEAT 250_95_1206 12 Jun 1995 EAT Employment [ Bailii ] Â Fox v Father Hudson's Society [1995] UKEAT 418_94_1306 13 Jun 1995 EAT Employment [ Bailii ] Â Yonex UK Ltd v Pigott [1995] UKEAT 577_95_1306 13 Jun 1995 EAT Employment [ Bailii ] Â Bennett v Ministry of Defence [1995] UKEAT 96_95_1306 13 Jun 1995 EAT Employment [ Bailii ] Â Bernard Wardle and Co Ltd (T/A Wardle Storeys) v Heap [1995] UKEAT 674_94_1306 13 Jun 1995 EAT Employment [ Bailii ] Â Kitching (T/A Chris Richards Plant Hire and Haulage) v Bell [1995] UKEAT 173_95_1306 13 Jun 1995 EAT Employment [ Bailii ] Â Taylor and 18 Others v BICC Brand Rex Ltd and Another [1995] UKEAT 651_94_1406 14 Jun 1995 EAT Employment 1 Cites [ Bailii ] Â Rowley v Secretary of State for Defence [1995] UKEAT 174_95_1406 14 Jun 1995 EAT Employment [ Bailii ] Â Heeley v South Bedfordshire Community [1995] UKEAT 134_95_1406 14 Jun 1995 EAT Employment [ Bailii ] Â Griffiths v University of North London [1995] UKEAT 751_94_1406 14 Jun 1995 EAT Employment [ Bailii ] Â Wood v Kirklees Metropolitan Council [1995] UKEAT 64_95_1406 14 Jun 1995 EAT Employment [ Bailii ] Â St Budeaux Royal British Legion Club Ltd v Cropper [1995] UKEAT 39_94_1506 15 Jun 1995 EAT Employment [ Bailii ] Â Evans and others v Dista Products Ltd [1995] UKEAT 1227_94_1506 15 Jun 1995 EAT Employment [ Bailii ] Â Duncan Webb Offset (Maidstone) Ltd v Cooper and Another [1995] UKEAT 47_95_1506; [1995] IRLR 633 15 Jun 1995 EAT Morrison J Employment A company owned subsidiary companies in the printing industry at Maidstone, Basildon and St Albans. Three employees worked for the group. The Maidstone business was transferred in a transfer to which the 1981 Regulations applied. The three employees who worked for the group were not on the list of those employees who were to be transferred. When they complained an Employment Tribunal found that they spent some of their time working for the undertakings at Basildon and St Albans but 80 per cent of the time, broadly speaking, in each case working for the Maidstone operation. Held: The appeals failed. The Employment Tribunal had been entitled to conclude that those employees were transferred with the Maidstone operation notwithstanding that some of their duties, no doubt on a somewhat fluctuating basis we might add, were performed for others than Maidstone. Morison J said that it was helpful to consider as a factual situation the following: "X has a business in which he employs a number of people. X transfers part of his business to Y. In order to determine which employees were employed by X in the part transferred it is necessary to ask: which of X's employees were assigned to the part transferred - see Botzen. In Gale [1994] IRLR 292 it was suggested that the question might be asked whether a particular employee was 'part of the … human resources' of the part transferred, which is the same thing put another way. The contracts of employment of those who were so assigned will, unless the employees object, pass over to the transferee, thus giving effect to the purpose of the Regulations and the Acquired Rights Directive, pursuant to which they were made, that an employee should not forfeit his job because of a change in the identity of his employer. . . There will often be difficult questions of fact for Industrial Tribunals to consider when deciding who was 'assigned' and who was not. We were invited to give guidance to Industrial Tribunals about such a decision, but decline to do so because the facts will vary so markedly from case to case. In the course of argument a number were suggested, such as the amount of time spent on one part of the business or the other; the amount of value given to each part by the employee; the terms of the contract of employment showing what the employee could be required to do; how the cost to the employer of the employee's services had been allocated between the different parts of the business. This is, plainly, not an exhaustive list; we are quite prepared to accept that these or some of these matters may well fall for consideration by an Industrial Tribunal which is seeking to determine to which part of his employer's business the employee had been assigned." Transfer of Undertaings (Prorection of Employ,ent) Regulations 1981 1 Cites 1 Citers [ Bailii ] Â Birchall v Secretary of State for Education and Another [1995] UKEAT 605_95_1506 15 Jun 1995 EAT Employment [ Bailii ] Â British Coal Corporation v Pentland and others [1995] UKEAT 45_95_1606 16 Jun 1995 EAT Employment [ Bailii ] Â Dawson v The Ministry of Defence [1995] UKEAT 401_94_1606 16 Jun 1995 EAT Employment [ Bailii ] Â Collins v Ministry of Defence [1995] UKEAT 1220_94_1606 16 Jun 1995 EAT Employment [ Bailii ] Â Â Whitbread Plc v Beattie and Another; EAT 16-Jun-1995 - [1995] UKEAT 372_94_1606 Â Fylde Ice and Cold Storage Co Ltd v Loveless [1995] UKEAT 361_95_1606 16 Jun 1995 EAT Employment [ Bailii ] Â British Gas Plc v Moore [1995] UKEAT 467_94_2006 20 Jun 1995 EAT Employment [ Bailii ] Â Bank of Tokyo International Ltd v Wood [1995] UKEAT 265_95_2106 21 Jun 1995 EAT Employment [ Bailii ] Â Jepson v Wimpey Group Services Ltd [1995] UKEAT 448_94_2106 21 Jun 1995 EAT Employment [ Bailii ] Â Walsh v London Borough of Hammersmith and Fulham [1995] UKEAT 222_95_2206 22 Jun 1995 EAT Employment [ Bailii ] Â Leighton v Michael and Another [1995] UKEAT 992_94_2206 22 Jun 1995 EAT Employment [ Bailii ] Â Secretary of State for Defence v Capel [1995] UKEAT 267_94_2306 23 Jun 1995 EAT Employment [ Bailii ] Â Essex County Council v Nevitt [1995] UKEAT 475_94_2606 26 Jun 1995 EAT Employment [ Bailii ] Â Janes Solicitors v Lamb-Simpson [1995] UKEAT 323_94_2706 27 Jun 1995 EAT Employment [ Bailii ] Â Collins v Sampong [1995] UKEAT 306_93_2906 29 Jun 1995 EAT Employment [ Bailii ] Â Staffordshire County Council v Bennett [1995] UKEAT 67_94_0307 3 Jul 1995 EAT Employment [ Bailii ] Â Queens Moat Houses Plc v Blake [1995] UKEAT 502_95_0307 3 Jul 1995 EAT Employment [ Bailii ] Â Laher v Wandsworth Borough Council [1995] UKEAT 38_92_0307 3 Jul 1995 EAT Employment [ Bailii ] Â Jones v Gwent Health Authority [1995] UKEAT 629_93_0407 4 Jul 1995 EAT Employment [ Bailii ] Â Wood v Ham Manor Golf Club [1995] UKEAT 318_93_0407 4 Jul 1995 EAT Employment [ Bailii ] Â Hicks v Wallace [1995] UKEAT 560_93_0407 4 Jul 1995 EAT Employment [ Bailii ] Â British Coal Corporation v Keeble and others [1995] UKEAT 413_94_0607 6 Jul 1995 EAT Holland J Employment, Discrimination The employer appealed against a decision by the tribunal that it had jurisdiction to hear the claimants' claims. 1 Citers [ Bailii ] Â Brown v University of Central Lancashire [1995] UKEAT 382_95_0607 6 Jul 1995 EAT Employment [ Bailii ] Â Smith v Solartron Ltd and Another [1995] UKEAT 973_94_0607 6 Jul 1995 EAT Employment [ Bailii ] Â Modgil v Indian Workers Association [1995] UKEAT 1000_94_0607 6 Jul 1995 EAT Employment [ Bailii ] Â Woodcock v Cornerstone Estate Agents [1995] UKEAT 234_95_0607 6 Jul 1995 EAT Employment [ Bailii ] Â Davis v Rover Group Ltd [1995] UKEAT 79_95_0607 6 Jul 1995 EAT Employment [ Bailii ] Â De Besley v Abbey Life Assurance Co Ltd [1995] UKEAT 429_95_0707 7 Jul 1995 EAT Employment [ Bailii ] Â Leigh Carr (A Firm) v Ahuja [1995] UKEAT 135_95_0707 7 Jul 1995 EAT Employment [ Bailii ] Â Rajah v Secretary of State for Employment [1995] UKEAT 125_95_0707 7 Jul 1995 EAT Employment [ Bailii ] Â Petrochemical Maintenance Services Ltd v Cott [1995] UKEAT 172_95_0707 7 Jul 1995 EAT Employment [ Bailii ] Â Â Marshall v NM Financial Management Ltd; ChD 10-Jul-1995 - Times, 10 July 1995; [1995] 1 WLR 1461; [1996] IRLR 20 Â United Arab Emirates v Abdelghafar and Another [1995] UKEAT 768_94_1007; [1995] ICR 65; [1995] IRLR 243 10 Jul 1995 EAT Mummery P J Employment, Jurisdiction The appellant challenged a decision by the tribunal made in its absence that the tribunal had jurisdiction to hear against it a claim for unfair dismissal. Held: The tribunal had erred. Though Sengupta had been decided under common law, it remained instructive. Though the tribunal had cited the section, it had not applied it correctly. This was a case of state immunity which had to be clearly distinguished from diplomatic immunity. The fact that he had been employed by a British citizen did not mean that state immunity was not available. Mummery P J considered the principles applied by the Courts in considering whether to grant extensions of time under the Rules of the Supreme Court. He drew attention to two intersecting principles; the first that rules [and orders] should be obeyed, and the second that a party should not in the ordinary way be denied an adjudication of his claim on its merits because of procedural default, unless the default causes prejudice to his opponent for which an award of costs cannot compensate. The application of these principles is sensitive to the stage at which the application is made. Applications to extend time made at an early stage in proceedings are far more likely to receive sympathetic consideration than those made in relation to an appeal: "the approach is different, however, if the procedural default as to time relates to an appeal against a decision on the merits by the court or tribunal of first instance. The party aggrieved by that decision has had a trial to hear and determine his case. If he is dissatisfied with the result he should act promptly. The grounds for extending his time are not as strong as where he has not yet had a trial. The interests of the parties and the public in certainty and finality of legal proceedings make the court more strict about time limits on appeals. An extension may be refused, even though the default in observing the time limit has not caused prejudice to the party successful in the original proceedings. (4) An extension of time is an indulgence requested from the court by a party in default. He is not entitled to an extension. He has no reasonable or legitimate expectation of receiving one. His only reasonable or legitimate expectation is that the discretion relevant to his application to extend time will be exercised judicially in accordance with established principles of what is fair and reasonable. In those circumstances, it is incumbent on the applicant for an extension of time to provide the court with a full, honest and acceptable explanation of the reasons for the delay. He cannot reasonably expect the discretion to be exercised in his favour, as a defaulter, unless he provides an explanation for the default." . . "In accordance with the general principles stated above, the Appeal Tribunal follows the guidelines for the exercise of its discretion to extend time. They are only guidelines. They do not fetter the exercise of the discretion. They are intended to ensure, as far as possible, consistency of treatment, predictability of result and the attainment of justice.(1) The timetable set by the EAT Rules should be observed by the parties and their lay and professional advisers. Although more sympathy may be shown to a party who is unrepresented, as many are, there is no excuse, even in the case of an unrepresented party, for ignorance of the time limit or of the importance of compliance. When parties are notified of the reasons for the industrial tribunal's decision they are informed of the 42-day time limit for appealing. The limits will, therefore, only be relaxed in rare and exceptional cases where the tribunal is satisfied that there is a reason which justifies departure from the time limits laid down in the Rules. (2) The tribunal's discretion will not be exercised, unless the appellant provides the tribunal with a full and honest explanation of the reason for non-compliance. If the explanation satisfies the tribunal that there is a good excuse for the default, an extension of time may be granted. Experience has shown that most of the explanations offered do not in fact excuse the delay which has occurred. For example, the following explanations have been rejected by the Appeal Tribunal as excuses for delay: ignorance of the time limit; oversight of the passing of the limit, for example, by a solicitor under pressure of work; prior notification to the Employment Appeal Tribunal or the Industrial Tribunal or to the successful party of the intention to appeal; the existence of pending applications for review of the decision or for remedies; delay in the processing of an application for legal aid or of an application for advice or support from elsewhere, such as the Equal Opportunities Commission or the Commission for Racial Equality. It is always possible, in cases where there may be unavoidable delay, for an extension to be agreed between the parties or granted by order of the Appeal Tribunal before the period has expired. Alternatively, a notice of appeal may be served in order to comply with the Rules, with a covering letter saying that it may be necessary to apply to amend it later. (3) If an explanation for the delay is offered, other factors may come into play in the exercise of the discretion. It is, of course, impossible to make an exhaustive list of factors. The Appeal Tribunal will be astute to detect any evidence of procedural abuse, questionable tactics or intentional default. The Tribunal will look at the length of the delay which has occurred, though it may refuse to grant an extension even where the delay is very short. Extensions have been refused, even where the notice of appeal was served only one day out of time. Parties who have decided to appeal are also strongly advised not to leave service of the notice of appeal until the last few days of the 42-day period. If they do, they run the risk of delay in the delivery of post or of the misdirection of mail. That risk can be avoided by service of the notice of appeal well within the period. 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 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. Lack of prejudice or of injustice to the successful party in the original proceedings is also a factor of little or no significance. If there is irreparable concrete prejudice, that will strengthen the opposition to the application for extension; but even if there is no prejudice, the application may still be refused. Thus, the questions which must be addressed by the Appeal Tribunal, the parties and their representatives on an application for an extension are: (a) What is the explanation for the default? (b) Does it provide a good excuse for the default? (c) Are there circumstances which justify the Tribunal taking the exceptional step of granting an extension of time. State Immunity Act 1978 1(2) 4 16(1)(a) 1 Cites 1 Citers [ Bailii ] Â Woods and Another (T/A the Zone Night Club) v Wills [1995] UKEAT 343_95_1007 10 Jul 1995 EAT Employment [ Bailii ] Â Finzi v Marcass Jewels Ltd (T/A Stracom Jewellery Co [1995] UKEAT 104_94_1007 10 Jul 1995 EAT Employment [ Bailii ] Â Humphreys v Fina Plc [1995] UKEAT 487_94_1007 10 Jul 1995 EAT Employment [ Bailii ] Â London Borough of Hackney v Sampong [1995] UKEAT 633_95_1107 11 Jul 1995 EAT Employment [ Bailii ] Â United States of America v Hicks [1995] UKEAT 1021_94_1107 11 Jul 1995 EAT Employment [ Bailii ] Â Castrol (UK) Ltd v Dempster [1995] UKEAT 746_94_1107 11 Jul 1995 EAT Employment [ Bailii ] Â London Crane Hire Ltd v Hards [1995] UKEAT 907_92_1207 12 Jul 1995 EAT Employment [ Bailii ] Â Post Office v Bhatti [1995] UKEAT 966_94_1207 12 Jul 1995 EAT Employment [ Bailii ] Â Rostant v Commissioner of Police [1995] UKEAT 1138_94_1207 12 Jul 1995 EAT Employment [ Bailii ] Â Howard v Ministry of Defence [1995] UKEAT 909_94_1307 13 Jul 1995 EAT Employment [ Bailii ] Â Holden v ARC Ltd [1995] UKEAT 460_95_1307 13 Jul 1995 EAT Employment [ Bailii ] Â Burns v Corvedale Care Ltd [1995] UKEAT 733_94_1307 13 Jul 1995 EAT Employment [ Bailii ] Â Dempsey v the National Association of Boys Clubs [1995] UKEAT 827_94_1307 13 Jul 1995 EAT Employment [ Bailii ] Â Maragh v St Helier NHS Trust [1995] UKEAT 40_94_1707 17 Jul 1995 EAT Employment [ Bailii ] Â Azam v J H Walker Ltd [1995] UKEAT 405_94_1707 17 Jul 1995 EAT Employment [ Bailii ] Â Rank Xerox (Uk) Ltd v Stryczek [1995] UKEAT 49_95_1707 17 Jul 1995 EAT Employment [ Bailii ] Â Rochford (Uk) Ltd (T/A Rochford Landscape) v Knowles [1995] UKEAT 656_94_1807 18 Jul 1995 EAT Employment [ Bailii ] Â Post Office v Coletta [1995] UKEAT 553_93_1907 19 Jul 1995 EAT Employment [ Bailii ] Â McHugh v Costain Buildings and Civil Engineering Ltd [1995] UKEAT 233_94_1907 19 Jul 1995 EAT Employment [ Bailii ] Â Stevenson and Another v A White and Good Stuff Ltd [1995] UKEAT 572_94_2007 20 Jul 1995 EAT Employment [ Bailii ] Â Chakraborty v Islington London Borough Council [1995] UKEAT 549_95_2007 20 Jul 1995 EAT Employment [ Bailii ] Â Reza v The General Medical Council and Another [1995] UKEAT 595_95_2007 20 Jul 1995 EAT Employment [ Bailii ] Â Akanho v Le Pain Croustillant [1995] UKEAT 205_95_2007 20 Jul 1995 EAT Employment [ Bailii ] Â Intec Business Colleges Ltd v Morgan [1995] UKEAT 100_95_2007 20 Jul 1995 EAT Employment [ Bailii ] Â Collier Industrial Waste Ltd v Logan [1995] UKEAT 415_95_2007 20 Jul 1995 EAT Employment [ Bailii ] Â Instant Firestop Contracting Ltd v Angel [1995] UKEAT 321_95_2007 20 Jul 1995 EAT Employment [ Bailii ] Â Campbell v Century Life Plc [1995] UKEAT 62_95_2007 20 Jul 1995 EAT Employment [ Bailii ] Â Mahlangu v London Borough of Hackney Construction Services [1995] UKEAT 598_95_2007 20 Jul 1995 EAT Employment [ Bailii ] Â H Marcel Guest Ltd v Barlow and others [1995] UKEAT 787_93_2107 21 Jul 1995 EAT Employment [ Bailii ] Â O'Connell v Seceurop Ltd [1995] UKEAT 196_95_2107 21 Jul 1995 EAT Employment [ Bailii ] Â Cory Environmental Municipal Services Ltd v Joulin [1995] UKEAT 778_94_2107 21 Jul 1995 EAT Employment [ Bailii ] Â Corbett v Bromley NHS Trust [1995] UKEAT 742_95_2107 21 Jul 1995 EAT Employment [ Bailii ] Â Polyprint Mailing Films Ltd v Harvey [1995] UKEAT 55_95_2107 21 Jul 1995 EAT Employment [ Bailii ] Â Wills v London Guildhall University [1995] UKEAT 666_95_2107 21 Jul 1995 EAT Employment [ Bailii ] Â Hutchcraft v Edwards [1995] UKEAT 505_94_2107 21 Jul 1995 EAT Employment [ Bailii ] Â Friend v Civil Aviation Authority [1995] UKEAT 915_94_2407 24 Jul 1995 EAT Employment 1 Citers [ Bailii ] Â Parkinson v March Consulting Ltd [1995] UKEAT 776_94_2407 24 Jul 1995 EAT Employment [ Bailii ] Â Torrington Co Ltd v Jones and others [1995] UKEAT 713_94_2407 24 Jul 1995 EAT Employment [ Bailii ] Â Waldron v Passmonds House Ltd and Another [1995] UKEAT 495_95_2407 24 Jul 1995 EAT Employment [ Bailii ] Â Leeds Private Hospital Ltd v Sayles [1995] UKEAT 880_94_2507 25 Jul 1995 EAT Employment 1 Cites [ Bailii ] Â De-Val-Ca (Milford Haven) Ltd v Coaker [1995] UKEAT 118_95_2507 25 Jul 1995 EAT Employment [ Bailii ] Â Hussain v East Berkshire Community Health NHS Trust [1995] UKEAT 905_94_2507 25 Jul 1995 EAT Employment [ Bailii ] Â Hogan v Acp Heavy Fabrications [1995] UKEAT 935_94_2507 25 Jul 1995 EAT Employment [ Bailii ] Â Plusforge Ltd v Kneller [1995] UKEAT 902_94_2507 25 Jul 1995 EAT Employment [ Bailii ] Â Ayobiojo v London Borough of Lewisham [1995] UKEAT 176_95_2507; [1995] UKEAT 534_95_2507 25 Jul 1995 EAT Employment 1 Cites [ Bailii ] - [ Bailii ] Â Â Adams and Others v British Airways Plc; QBD 26-Jul-1995 - Times, 26 July 1995 Â Winsper v West Lambeth Community Care NHS Trust [1995] UKEAT 667_95_2607 26 Jul 1995 EAT Employment [ Bailii ] Â Hillier v Goodwin Ltd [1995] UKEAT 356_95_2607 26 Jul 1995 EAT Employment [ Bailii ] Â London Borough of Greenwich v Dell [1995] UKEAT 1166_94_2607 26 Jul 1995 EAT Employment [ Bailii ] Â Elm Energy and Recycling (Uk) Ltd v Evans [1995] UKEAT 732_95_2607 26 Jul 1995 EAT Employment [ Bailii ] Â Jarvis v Stride Ltd (T/A Computer Quote) [1995] UKEAT 96_94_2607 26 Jul 1995 EAT Employment [ Bailii ] Â Gilliland v Evesham Working Mens Club and Institute Ltd [1995] UKEAT 161_94_2707 27 Jul 1995 EAT Employment [ Bailii ] Â Chambers v Jackson and Another [1995] UKEAT 247_95_2707 27 Jul 1995 EAT Employment [ Bailii ] Â Universal Pipecoaters Ltd and Another v Buss [1995] UKEAT 580_95_2707 27 Jul 1995 EAT Employment [ Bailii ] Â King v Dorset County Council and Another [1995] UKEAT 731_95_2807 28 Jul 1995 EAT Employment [ Bailii ] Â Winter v St Helens Metropolitan Borough Council [1995] UKEAT 736_94_2807 28 Jul 1995 EAT Butter QC J Employment Appeal by Mr Winter against a decision of the Industrial Tribunal. The Tribunal decided that he had not been dismissed and in those circumstances did not have to go on to consider the question as to whether a dismissal had been unfair. [ Bailii ] Â Summers v Kinson Community Association [1995] UKEAT 419_94_2807 28 Jul 1995 EAT Employment [ Bailii ] Â O'Dea v ISC Chemicals Ltd Times, 04 August 1995; Independent, 24 August 1995; [1995] IRLR 599; [1996] ICR 222 4 Aug 1995 CA Peter Gibson LJ Employment Where the performance of union duties stopped a worker from doing the job he was employed for properly, a redundancy selection was possible. Here there was no redundancy comparator for a shop steward spending half his time on union activities. The court cautioned against use of phrases about procedural unfairness: 'In my judgment, in a case where the reason or principal reason for dismissal is redundancy but the employer acted unreasonably in some particular respect in the process of selecting the applicant for redundancy so that the dismissal was rendered unfair, it is for the industrial tribunal to decide what it is just and equitable in all the circumstances to award the applicant, having regard to the loss sustained by the applicant in so far as that loss is attributable to action by the employer (see what is now ERA 1996 section 123(1) set out below at paragraph 66). To a case such as the present, where the industrial tribunal are satisfied that the particular defect in what the employer did only deprived the applicant of a chance that he would have been retained in the absence of such a defect, the applicability of the dictum, already cited, of Browne-Wilkinson J and its good sense seem to me obvious. I do not regard it as helpful to characterise the defect as procedural or substantive nor in my view should the industrial tribunal be expected to do so, though in fact in the present case the industrial did repeatedly describe the defect as procedural. The fact of the matter is that Mr. O'Dea lost only a one in five chance of being retained, and I can see no arguable case that he should have been compensated on the same footing as if he was bound to have been retained but for his trade union activitie.s' Employment Protection (Consolidation) Act 1978 58 59 1 Cites 1 Citers Â Crosville Wales Ltd v Tracey Times, 04 August 1995; Independent, 29 August 1995 4 Aug 1995 CA Employment, Damages There should be no reduction in an award of damages for unfair dismissal simply for participation in strike where the employee had not been not re-instated after the industrial action. Employment Protection (Consolidation) Act 1978 62 74(6) Â Automated Process Plant Ltd v Poole [1995] UKEAT 882_95_1109 11 Sep 1995 EAT Employment [ Bailii ] Â Bratko v Beloit Walmsley Ltd [1995] UKEAT 798_94_1109 11 Sep 1995 EAT Employment [ Bailii ] Â Scott v Doncaster Metropolitan Borough Council [1995] UKEAT 1170_94_1209 12 Sep 1995 EAT Employment [ Bailii ] Â Lane v Unison (Formerly Nalgo) [1995] UKEAT 865_93_1309 13 Sep 1995 EAT Employment Trade Union and Labour Relations (Consolidation) Act 1992 1 Cites 1 Citers [ Bailii ] Â Lewis v Skf (Uk) Ltd [1995] UKEAT 968_94_1409 14 Sep 1995 EAT Employment [ Bailii ] Â Armstrong v Weight Watchers (Uk) Ltd [1995] UKEAT 137_95_1509 15 Sep 1995 EAT Employment [ Bailii ] Â Armstrong v Weight Watchers (Uk) Ltd [1995] UKEAT 385_95_1509 15 Sep 1995 EAT Employment [ Bailii ] Â Tomlinson v Doxey [1995] UKEAT 549_94_1509 15 Sep 1995 EAT Employment [ Bailii ] Â Â Sirdar v Ministry of Defence; EAT 15-Sep-1995 - [1995] UKEAT 978_95_1509 Â White v Worcester Royal Infirmary [1995] UKEAT 717_94_1809 18 Sep 1995 EAT Employment [ Bailii ] Â Burke v the Winchester Group [1995] UKEAT 405_95_1809 18 Sep 1995 EAT Employment [ Bailii ] Â Rubenstien and Another (T/A MacGuffies Dispensing Chemists) v McGloughlin [1995] UKEAT 767_94_1909 19 Sep 1995 EAT Employment [ Bailii ] Â Ravenhall v Grosvenor Clubs Ltd [1995] UKEAT 393_95_1909 19 Sep 1995 EAT Employment [ Bailii ] Â Ugrinic v Godfrey Davis (London) Ltd [1995] UKEAT 953_94_1909 19 Sep 1995 EAT Employment [ Bailii ] Â Secretary of State for Employment v Etten and Another [1995] UKEAT 312_95_2009 20 Sep 1995 EAT Employment [ Bailii ] Â Wilson v City Plumbing Supplies Ltd [1995] UKEAT 875_93_2009 20 Sep 1995 EAT Employment [ Bailii ] Â Griffin v Simpson and Another [1995] UKEAT 619_93_2109 21 Sep 1995 EAT Employment [ Bailii ] Â Walvin v Bootham Engineers Ltd [1995] UKEAT 387_95_2109 21 Sep 1995 EAT Employment [ Bailii ] Â Hanvey v Frederick Wain Ltd [1995] UKEAT 855_94_2109 21 Sep 1995 EAT Employment [ Bailii ] Â Burns v Ship- Link (Uk) Ltd [1995] UKEAT 260_95_2209 22 Sep 1995 EAT Employment 1 Cites [ Bailii ] Â Laming v National Westminster Bank Plc [1995] UKEAT 229_95_2209 22 Sep 1995 EAT Employment [ Bailii ] Â Stafford v Philips Semiconductors Ltd [1995] UKEAT 566_95_2209 22 Sep 1995 EAT Employment [ Bailii ] Â Aero and Industrial Technology Ltd v Fleming [1995] UKEAT 913_94_2509 25 Sep 1995 EAT Employment [ Bailii ] Â G T Design Ltd v Ryan [1995] UKEAT 926_94_2709 27 Sep 1995 EAT Employment [ Bailii ] Â Watt v Council of Legal Education [1995] UKEAT 157_95_2709 27 Sep 1995 EAT Employment [ Bailii ] Â Francois v Sedgemoor District Council [1995] UKEAT 999_94_2909 29 Sep 1995 EAT Employment [ Bailii ] Â Springer and others v London Borough of Brent [1995] UKEAT 386_93_2909 29 Sep 1995 EAT Employment [ Bailii ] Â Pickerings Ltd v Elliot and Another [1995] UKEAT 471_94_2909 29 Sep 1995 EAT Employment [ Bailii ] Â Piggin v Measom Freer and Co Ltd [1995] UKEAT 781_94_0210 2 Oct 1995 EAT Employment [ Bailii ] Â Parchment v IBC Vehicles Ltd [1995] UKEAT 239_95_0310 3 Oct 1995 EAT Employment [ Bailii ] Â Berry v Ravensbourne (Nhs) Trust [1995] UKEAT 578_94_0310 3 Oct 1995 EAT Employment [ Bailii ] Â Soobrayen v Air Mauritius [1995] UKEAT 269_95_0310 3 Oct 1995 EAT Employment [ Bailii ] Â Beaven v Creative Print and Design [1995] UKEAT 23_94_0310 3 Oct 1995 EAT Employment [ Bailii ] Â Ford Motor Company Ltd v Shah and others [1995] UKEAT 530_95_0310 3 Oct 1995 EAT Employment [ Bailii ] Â Dewhirst and Another v Jackson [1995] UKEAT 454_95_0310 3 Oct 1995 EAT Employment [ Bailii ] Â White v Ministry of Defence [1995] UKEAT 886_94_0310 3 Oct 1995 EAT Employment [ Bailii ] Â David Weston (T/A Mildenhire Car Rents) v Smeltzer [1995] UKEAT 1015_94_0310 3 Oct 1995 EAT Employment [ Bailii ] Â Yardley v Gaults [1995] UKEAT 603_94_0410 4 Oct 1995 EAT Employment [ Bailii ] Â Ministry of Defence v Hunt [1995] UKEAT 85_95_0410 4 Oct 1995 EAT Employment [ Bailii ] Â Parceline and Another v Darien and Another [1995] UKEAT 107_95_0410 4 Oct 1995 EAT Employment [ Bailii ] Â Thompson v Lehrer Mcgovern Int [1995] UKEAT 898_93_0410 4 Oct 1995 EAT Employment 1 Cites 1 Citers [ Bailii ] Â Nacods v Gluchowski [1995] UKEAT 734_95_0410 4 Oct 1995 EAT Employment [ Bailii ] Â Brewster v London Borough of Newham and others [1995] UKEAT 203_95_0410 4 Oct 1995 EAT Employment [ Bailii ] Â Graves v Barnados [1995] UKEAT 341_95_0410 4 Oct 1995 EAT Employment [ Bailii ] Â Brewster v London Borough of Newham and others [1995] UKEAT 908_94_0410 4 Oct 1995 EAT Employment [ Bailii ] Â Mills v Blue Circle Industries Plc [1995] UKEAT 169_95_0510 5 Oct 1995 EAT Employment [ Bailii ] Â Bolton West Indian Association v Macintosh [1995] UKEAT 458_95_0510 5 Oct 1995 EAT Employment [ Bailii ] Â Race (T/A Metframe Service Co) v Romaine [1995] UKEAT 1042_93_0510 5 Oct 1995 EAT Employment 1 Cites [ Bailii ] Â Kerr v National Provident Institution [1995] UKEAT 103_94_0510 5 Oct 1995 EAT Employment [ Bailii ] Â Long v Memory Lane Cakes [1995] UKEAT 224_94_0610 6 Oct 1995 EAT Employment [ Bailii ] Â Cross v Adacs Ltd [1995] UKEAT 693_91_0610 6 Oct 1995 EAT Employment [ Bailii ] Â Old Basket Supply Ltd v Reed [1995] UKEAT 778_95_0610 6 Oct 1995 EAT Employment [ Bailii ] Â Phillips v Scott and Another [1995] UKEAT 810_95_0610 6 Oct 1995 EAT Employment [ Bailii ] Â R R Donnelly (Uk) Ltd v Collins and Another [1995] UKEAT 986_94_0610 6 Oct 1995 EAT Employment [ Bailii ] Â Aloui v Kensington and Chelsea College and others [1995] UKEAT 206_95_0610 6 Oct 1995 EAT Employment [ Bailii ] Â Townend v Pride of the Road (Travel) Ltd [1995] UKEAT 517_90_0610 6 Oct 1995 EAT Employment [ Bailii ] Â Witham Weld (A Firm) v Hedley [1995] UKEAT 176_95_0610 6 Oct 1995 EAT Employment [ Bailii ] Â Toth v Icesport Ltd and Another [1995] UKEAT 774_95_0610 6 Oct 1995 EAT Employment [ Bailii ] Â Prout (T/A Outline Fitness Centres) v Walton [1995] UKEAT 416_92_0910 9 Oct 1995 EAT Employment [ Bailii ] Â Mckenzie v West Midlands Travel Ltd [1995] UKEAT 289_95_0910 9 Oct 1995 EAT Employment [ Bailii ] Â Laura Ashley Ltd v Grier [1995] UKEAT 494_94_0910 9 Oct 1995 EAT Employment [ Bailii ] Â IBM United Kingdom Ltd v Churchhouse [1995] UKEAT 889_95_0910 9 Oct 1995 EAT Employment [ Bailii ] Â Humphreys v Adam and Co Plc [1995] UKEAT 510_95_0910 9 Oct 1995 EAT Employment 1 Cites [ Bailii ] Â Humphreys v Adam and Co Plc [1995] UKEAT 510_94_0910 9 Oct 1995 EAT Employment 1 Citers [ Bailii ] Â Â London Underground Ltd v National Union of Railwaymen, Maritime and Transport Workers (NURMT); CA 9-Oct-1995 - Ind Summary, 30 October 1995; Times, 09 October 1995; [1996] ICR 170; [1995] IRLR 636 Â Bagoban and Another v West Berkshire Priority Care and Another [1995] UKEAT 595_94_0910 9 Oct 1995 EAT Employment [ Bailii ] Â Aparau v Iceland Frozen Foods Plc [1995] UKEAT 196_93_0910 9 Oct 1995 EAT Employment 1 Cites 1 Citers [ Bailii ] Â Farrell v London Borough of Camden [1995] UKEAT 766_94_1010 10 Oct 1995 EAT Employment [ Bailii ] Â Wills v London Guildhall University [1995] UKEAT 666_95_1010 10 Oct 1995 EAT Employment [ Bailii ] Â Hallsworth v Stow and Another [1995] UKEAT 529_95_1010 10 Oct 1995 EAT Employment [ Bailii ] Â Wills v City of London Polytechnic [1995] UKEAT 792_95_1010 10 Oct 1995 EAT Employment [ Bailii ] Â Cope v Carnaud Metal Box Aerosols Plc [1995] UKEAT 495_94_1010 10 Oct 1995 EAT Employment [ Bailii ] Â Homesdale Trust v Roberts [1995] UKEAT 204_95_1010 10 Oct 1995 EAT Employment [ Bailii ] Â Reid v Gmb Buses (North) Ltd [1995] UKEAT 389_95_1010 10 Oct 1995 EAT Employment [ Bailii ] Â Addoo v Newham NHS Trust [1995] UKEAT 824_95_1010 10 Oct 1995 EAT Employment [ Bailii ] Â Cutler v Brs Ltd [1995] UKEAT 518_94_1110 11 Oct 1995 EAT Employment [ Bailii ] Â Midland Sports Centre for the Disabled Trust Ltd v Leigh [1995] UKEAT 791_95_1110 11 Oct 1995 EAT Employment [ Bailii ] Â Leake v Inland Revenue [1995] UKEAT 248_95_1110 11 Oct 1995 EAT Employment [ Bailii ] Â Dalgarno v United Kingdom Atomic Energy Authority [1995] UKEAT 277_94_1110 11 Oct 1995 EAT Employment [ Bailii ] Â Ward v British Gas Plc [1995] UKEAT 385_94_1110 11 Oct 1995 EAT Employment [ Bailii ] Â West v North Yorkshire County Council [1995] UKEAT 1204_94_1110 11 Oct 1995 EAT Employment [ Bailii ] Â Wray v Bradbury and Another [1995] UKEAT 465_95_1110 11 Oct 1995 EAT Employment [ Bailii ] Â Adamson v The London Institute of Higher Education Corp [1995] UKEAT 555_95_1110 11 Oct 1995 EAT Employment [ Bailii ] Â Sankey Vending Ltd v Bache [1995] UKEAT 635_94_1110 11 Oct 1995 EAT Employment [ Bailii ] Â Blundell v Christie Hospital NHS Trust [1995] UKEAT 496_94_1210 12 Oct 1995 EAT Employment [ Bailii ] Â Chiltern Air Conditioning and Heating Ltd v Armstrong [1995] UKEAT 775_94_1210 12 Oct 1995 EAT Employment [ Bailii ] Â Panchanathan v Commissioner of Police for the Metropolis [1995] UKEAT 996_95_1210 12 Oct 1995 EAT Employment [ Bailii ] Â O'Neill v Governors of St Thomas More RC School [1995] UKEAT 561_95_1210 12 Oct 1995 EAT Mummery J P Employment, Discrimination The claimant had lodged an appeal against a rejection of her claim of sex discrimination, and against the amount of damages awarded on the success of her claim of unfair dismissal. After rejection of her request for a review, her counsel had lodged a letter withdrawing her appeal. She then received a reply from the European Commission suggesting that her claim of sex discrimination, based upon her dismissal for becoming pregnant by a Roman Catholic Priest, may indeed have been discriminatory. Held: The view taken by the tribunal was not obviously correct, and the interests of justice required the arguments to be explored. The review was re-instated. 1 Cites 1 Citers [ Bailii ] Â Aligbe v Brentfield School Governors and Another [1995] UKEAT 810_94_1210 12 Oct 1995 EAT Employment [ Bailii ] Â Egan (T/A Roe Acre Service Station) v Crompton [1995] UKEAT 983_94_1210 12 Oct 1995 EAT Employment [ Bailii ] Â Djm International Ltd v Nicholas [1995] UKEAT 1218_94_1210 12 Oct 1995 EAT Employment [ Bailii ] Â Degia v The Abbeyfield (Wey Valley) Society [1995] UKEAT 462_95_1210 12 Oct 1995 EAT Employment [ Bailii ] Â Ayobiojo v London and Quadrant Housing Trust [1995] UKEAT 483_95_1310 13 Oct 1995 EAT Employment 1 Cites 1 Citers [ Bailii ] Â Penny v Nationwide Building Society [1995] UKEAT 979_94_1310 13 Oct 1995 EAT Employment [ Bailii ] Â Olla v Sutcliffe Catering (Uk) Ltd [1995] UKEAT 760_94_1310 13 Oct 1995 EAT Employment [ Bailii ] Â Davidson v The London Docklands Development and Another [1995] UKEAT 481_95_1310 13 Oct 1995 EAT Employment [ Bailii ] Â Hurley v Yardley of London Ltd [1995] UKEAT 1149_94_1610 16 Oct 1995 EAT Employment [ Bailii ] Â Brown v London Borough of Lewisham [1995] UKEAT 294_95_1610 16 Oct 1995 EAT Employment [ Bailii ] Â Leung-Clifford v Liverpool City Council [1995] UKEAT 270_95_1610 16 Oct 1995 EAT Employment [ Bailii ] Â Kramer v South Bedforshire Health Care Trust Times, 16 October 1995; [1995] ICR 1066 16 Oct 1995 ChD Lightman J Employment, Health Professions It was for the Trust employer to decide which kind of disciplinary proceedings to institute. Absent bad faith or Wednesbury unreasonableness, the employer's decision on categorisation was final. There can be no reason otherwise to include in the contract this provision that categorisation is a matter for the trust. 1 Citers Â Spp Ltd v Taylor [1995] UKEAT 231_95_1610 16 Oct 1995 EAT Employment [ Bailii ] Â Bruce and others v Nathan and Co [1995] UKEAT 192_95_1710 17 Oct 1995 EAT Employment [ Bailii ] Â Kemutec Group Ltd v Whalley [1995] UKEAT 926_93_1710 17 Oct 1995 EAT Employment [ Bailii ] Â Anglo Dutch Meats (Uk) Ltd v Young [1995] UKEAT 903_94_1710 17 Oct 1995 EAT Employment [ Bailii ] Â Gratton and others v Rocialle Medical Ltd [1995] UKEAT 1082_95_1710 17 Oct 1995 EAT Employment [ Bailii ] Â Cca Stationery Ltd v Till and others [1995] UKEAT 1251_94_1710 17 Oct 1995 EAT Employment [ Bailii ] Â Barlow v Post Office Counters Ltd [1995] UKEAT 849_94_1810 18 Oct 1995 EAT Employment [ Bailii ] Â Boys and Girls Welfare Society v McDonald [1995] UKEAT 1163_94_1810 18 Oct 1995 EAT Employment 1 Cites [ Bailii ] Â Doyle v Department of Social Security [1995] UKEAT 1029_93_1810 18 Oct 1995 EAT Employment [ Bailii ] Â Lynas v Prudential Portfolio Managers Ltd [1995] UKEAT 646_95_1810 18 Oct 1995 EAT Employment [ Bailii ] Â Donald Claudius D'Souza v Lambeth Borough Council 18 Oct 1995 EAT Employment, Discrimination The employment tribunal held that it had not been practicable for the council to reinstate Mr D'Souza. He had succeeded in a claim for unfair dismissal and sought reinstatement, but this had been refused. Held: An award of damages was made for the failure to re-instate. 1 Cites 1 Citers Â Taylor v Cornwall County Council [1995] UKEAT 698_95_1810 18 Oct 1995 EAT Employment [ Bailii ] Â Scullard v Knowles and Another [1995] UKEAT 1011_93_1810 18 Oct 1995 EAT Employment [ Bailii ] Â Seagull Rest Home v Read [1995] UKEAT 960_94_1810 18 Oct 1995 EAT Employment [ Bailii ] Â Smith v Gardner Merchant Ltd [1995] UKEAT 831_95_1910 19 Oct 1995 EAT Employment 1 Citers [ Bailii ] Â Hannam v Harwill Engineering Services Ltd [1995] UKEAT 479_95_1910 19 Oct 1995 EAT Employment [ Bailii ] Â Liggat v Superdrug Stores Plc [1995] UKEAT 921_95_1910 19 Oct 1995 EAT Employment [ Bailii ] Â Lucas v Offmech Business Systems [1995] UKEAT 769_93_1910 19 Oct 1995 EAT Employment [ Bailii ] Â Lightfoot v D and J Sporting Ltd [1995] UKEAT 739_95_1910 19 Oct 1995 EAT Employment [ Bailii ] Â Staffordshire County Council v Barber [1995] UKEAT 1165_94_2010 20 Oct 1995 EAT Mummery J P Employment 1 Citers [ Bailii ] Â Gunasena v United Biscuits (UK) Ltd (T/A Ub Distribution Services) [1995] UKEAT 334_95_2010 20 Oct 1995 EAT Employment [ Bailii ] Â Pearson v Tameside Metropolitan Borough Council [1995] UKEAT 571_95_2010 20 Oct 1995 EAT Employment [ Bailii ] Â Â Webb v EMO Air Cargo (UK) Ltd (No 2); HL 20-Oct-1995 - Independent, 26 October 1995; Times, 20 October 1995; [1995] ICR 1021; [1995] UKHL 13; [1995] 1 WLR 1454; [1996] 2 CMLR 990; [1995] IRLR 645; [1995] 4 All ER 577 Â Ledernes Hovedorganisation for Ole Rygaard v Dansk Arbejdsgiverforening Etc Times, 20 October 1995 20 Oct 1995 ECJ Employment, European No transfer of undertaking where workers and materials made available to other. Â Bourner v House of Fraser (Stores) Ltd [1995] UKEAT 1026_94_2310 23 Oct 1995 EAT Employment [ Bailii ] Â S S M Steel Work Ltd v Craven and Another [1995] UKEAT 314_95_2310 23 Oct 1995 EAT Employment [ Bailii ] Â Johal v Adams (T/A Blac) [1995] UKEAT 128_95_2310 23 Oct 1995 EAT Employment [ Bailii ] Â Â Armstrong v Devon County Council; EAT 23-Oct-1995 - [1995] UKEAT 1083_95_2310 Â Mamma Roma Ltd v Zippo [1995] UKEAT 649_95_2310 23 Oct 1995 EAT Employment [ Bailii ] Â May v British Railways Board [1995] UKEAT 956_94_2310 23 Oct 1995 EAT Employment [ Bailii ] Â Standing Conference on Drug Abuse v Khan and others [1995] UKEAT 1088_95_2410 24 Oct 1995 EAT Employment [ Bailii ] Â Richards v DVLA [1995] UKEAT 815_95_2410 24 Oct 1995 EAT Maurice Kay J Employment Whether complaint of unfair dismissal out of time. Employment Protection (Consolidation) Act 1978 78 [ Bailii ] Â Puglia v C James and Sons [1995] UKEAT 777_93_2410; [1996] ICR 301; [1996] IRLR 70 24 Oct 1995 EAT Mummery J Employment, Benefits The EAT considered the effect of the receipt of benefits during a period of sickness when calculating loss of earnings, and whether a hearing was properly conducted without the presence of the parties. Held. There is no procedural irregularity in the Tribunal members holding a meeting in the absence of the parties for the purposes of reaching their decision on evidence and argument already before them. As to the affect of the receipt of statutory sick pay: "In our judgment, the industrial tribunal correctly applied the law in deducting from the estimated loss of earnings the statutory sick pay received by Mr Puglia over the relevant period. The law on this topic was settled by the Appeal Tribunal in Sun & Sand Ltd v Fitzjohn [1979] IRLR 154 . . It was not suggested in this case that Mr Puglia's contract of employment provided that he would be entitled to his full wages in addition to any statutory sick pay which he received. The industrial tribunal were therefore correct in making a deduction for the statutory sick pay received by Mr Puglia." 1 Cites 1 Citers [ Bailii ] Â Beale v Variety Floors Group [1995] UKEAT 863_95_2410 24 Oct 1995 EAT Employment 1 Citers [ Bailii ] Â Paul v Vascroft Contractors Ltd [1995] UKEAT 650_95_2410 24 Oct 1995 EAT Employment [ Bailii ] Â O'Neill v Quicks Ltd [1995] UKEAT 848_95_2410 24 Oct 1995 EAT Employment [ Bailii ] Â Imperial Graphic Products Ltd v Moore [1995] UKEAT 898_94_2410 24 Oct 1995 EAT Employment [ Bailii ] Â Elmer v Betts Plastics [1995] UKEAT 346_95_2510 25 Oct 1995 EAT Employment [ Bailii ] Â Penman v Lewis [1995] UKEAT 570_92_2510 25 Oct 1995 EAT Employment [ Bailii ] Â Burrows Communication Ltd v Knowler [1995] UKEAT 912_95_2510 25 Oct 1995 EAT Employment [ Bailii ] Â Trahair v St Ives (Roche) Ltd [1995] UKEAT 1104_94_2510 25 Oct 1995 EAT Employment [ Bailii ] Â Mahto v Royal United Hospital and Another [1995] UKEAT 349_95_2510 25 Oct 1995 EAT Employment [ Bailii ] Â Tate and Lyle Sugars v Daniel [1995] UKEAT 928_94_2510 25 Oct 1995 EAT Employment [ Bailii ] Â Wood v Coverage Care Ltd [1995] UKEAT 1024_94_2610 26 Oct 1995 EAT Employment [ Bailii ] Â Colchester Borough Transport Ltd v Caryer and others [1995] UKEAT 348_95_2610 26 Oct 1995 EAT Employment [ Bailii ] Â Swindells and Another v Pearson [1995] UKEAT 1248_94_2610 26 Oct 1995 EAT Employment [ Bailii ] Â Green (T/A Green's Joiners) v Brown [1995] UKEAT 207_95_2610 26 Oct 1995 EAT Employment [ Bailii ] Â Penton v London Borough of Tower Hamlets [1995] UKEAT 460_94_2610 26 Oct 1995 EAT Employment [ Bailii ] Â Taylorplan Services Ltd v Ero [1995] UKEAT 412_95_2610 26 Oct 1995 EAT Employment [ Bailii ] Â USG Optical Services v Taylor [1995] UKEAT 367_95_2610 26 Oct 1995 EAT Employment [ Bailii ] Â Maxwell v Southport College [1995] UKEAT 608_95_2710 27 Oct 1995 EAT Employment [ Bailii ] Â O'Shea v Royle Publications Ltd [1995] UKEAT 961_93_2710 27 Oct 1995 EAT Employment [ Bailii ] Â O'Grady v F P Financial Management Group Services Ltd [1995] UKEAT 1161_94_2710 27 Oct 1995 EAT Employment [ Bailii ] Â Church v Silicon Graphics Ltd [1995] UKEAT 941_94_2710 27 Oct 1995 EAT Employment [ Bailii ] Â Newcastle Chronicle and Journal Ltd v Southwell [1995] UKEAT 973_94_3010 30 Oct 1995 EAT Employment [ Bailii ] Â Regina v Lambeth London Borough Council Ex Parte Thompson Ind Summary, 30 October 1995 30 Oct 1995 QBD Employment An employee may not challenge his dismissal by judicial review; it is a private claim which should be heard before the Industrial Tribunal. Â Â Devonshire Hotel (Torquay) Ltd v Reader; EAT 30-Oct-1995 - [1995] UKEAT 491_95_3010 Â Fisher v S and H Precision Engineering [1995] UKEAT 300_93_3010 30 Oct 1995 EAT Employment [ Bailii ] Â Tesco Stores Ltd v Lockie [1995] UKEAT 187_95_3010 30 Oct 1995 EAT Employment [ Bailii ] Â R J Budge (Mining) Ltd v Revill [1995] UKEAT 370_94_3010 30 Oct 1995 EAT Employment [ Bailii ] Â Allen v British Broadcasting Corporation [1995] UKEAT 456_95_3110 31 Oct 1995 EAT Employment [ Bailii ] Â Curtis v Farnsworth Ltd (T/A Pork Farms) [1995] UKEAT 881_94_3110 31 Oct 1995 EAT Employment [ Bailii ] Â Rubenstein and Another (T/A Mcguffies Dispensing Chemists) v Mcgloughlin (No 1) [1995] UKEAT 767_94_3110 31 Oct 1995 EAT Hicks QC J Employment [ Bailii ] Â Smart v East Cheshire NHS Trust [1995] UKEAT 584_95_3110 31 Oct 1995 EAT Employment [ Bailii ] Â Hancock v Hills (Tredegar) Ltd and Another [1995] UKEAT 398_93_3110 31 Oct 1995 EAT Employment [ Bailii ] Â Bell v Direct Design (North) Ltd and Another [1995] UKEAT 327_95_3110 31 Oct 1995 EAT Employment [ Bailii ] Â Estephane v Wellcome Foundation Ltd [1995] UKEAT 490_95_0111 1 Nov 1995 EAT Employment [ Bailii ] Â Hartley and Another v Marshalls Mono Ltd [1995] UKEAT 481_94_0111 1 Nov 1995 EAT Employment [ Bailii ] Â Â Vogt v Germany; ECHR 1-Nov-1995 - Times, 01 November 1995; 17851/91; [1995] 21 EHRR 205; [1995] ECHR 29; [1996] ECHR 34; [1996] ECHR 34; [1995] ECHR 29; [1996] ECHR 106; [1997] ECHR 206; [1993] ECHR 65 Â Rogers v International Community School [1995] UKEAT 735_95_0111 1 Nov 1995 EAT Employment [ Bailii ] Â Purchase v Ellis and Buckle [1995] UKEAT 647_94_0111 1 Nov 1995 EAT Employment 1 Cites 1 Citers [ Bailii ] Â Lyon v Listwin Ltd [1995] UKEAT 712_95_0111 1 Nov 1995 EAT Employment [ Bailii ] Â Mansfield v Leeds City Council [1995] UKEAT 24_94_0111 1 Nov 1995 EAT Employment [ Bailii ] Â London Borough of Harrow v Cunningham [1995] UKEAT 1098_94_0211; [1996] IRLR 256 2 Nov 1995 EAT Clark P J Employment The council appealed a finding that the claimant had been unfairly dismissed. He worked in the Cleansing Department, but took on additional private work in refuge disposal in breach of his contract. A co-worker who had done the same was not dismissed because of his exemplary record. Held. The appeal succeeded. The tribunal, when considering the two employees had not "asked itself whether the distinction made between the two cases by [the employer] was irrational". 1 Cites 1 Citers [ Bailii ] Â Butler v Cottage Homes [1995] UKEAT 1017_94_0211 2 Nov 1995 EAT Employment [ Bailii ] Â Ministry of Defence v Wheeler [1995] UKEAT 14_95_0211 2 Nov 1995 EAT Employment [ Bailii ] Â Orlando v Didcot Power Station Sports and Social Club [1995] UKEAT 95_95_0311 3 Nov 1995 EAT Employment [ Bailii ] Â Ministry of Defence v Donald [1995] UKEAT 468_95_0311 3 Nov 1995 EAT Employment [ Bailii ] Â Flight Equipment Engineering Ltd v Cook [1995] UKEAT 334_94_0311 3 Nov 1995 EAT Employment [ Bailii ] Â Pyramid Holdings Ltd (T/A Supervision) v Wilkins [1995] UKEAT 757_95_0311 3 Nov 1995 EAT Employment [ Bailii ] Â Jackson v Burnley College Plc [1995] UKEAT 36_95_0311 3 Nov 1995 EAT Employment [ Bailii ] Â Edwards v Doncaster Metropolitan Borough Council [1995] UKEAT 934_94_0311 3 Nov 1995 EAT Employment [ Bailii ] Â Regina v Ministry of Defence ex parte Smith; ex parte Grady [1995] EWCA Civ 22; [1996] 2 WLR 305; [1996] QB 517; [1996] IRLR 100; [1996] ICR 740; [1996] 1 All ER 257 3 Nov 1995 CA Sir Thomas Bingham MR, Henry LJ, Thorpe LJ Employment, Armed Forces, Administrative, Human Rights Four appellants challenged the policy of the ministry to discharge homosexuals from the armed services. Sir Thomas Bingham MR said: "The court may not interfere with the exercise of an administrative discretion on substantive grounds save where the court is satisfied that the decision is unreasonable in the sense that it is beyond the range of responses open to a reasonable decision-maker. But in judging whether the decision-maker has exceeded this margin of appreciation the human rights context is important. The more substantial the interference with human rights, the more the court will require by way of justification before it is satisfied that the decision is reasonable in the sense outlined above." 1 Cites 1 Citers [ Bailii ] Â Anderson v Secretary of State for Defence [1995] UKEAT 181_95_0311 3 Nov 1995 EAT Employment [ Bailii ] Â British Steel Plc v Slater [1995] UKEAT 644_96_0411 4 Nov 1995 EAT Employment 1 Cites [ Bailii ] Â Mudie Bond Ltd v Sandifer [1995] UKEAT 612_95_0611 6 Nov 1995 EAT Employment [ Bailii ] Â Regina v Secretary of State for Defence Ex Parte Smith; Regina v Same Ex Parte Grady Etc Times, 06 November 1995; [1996] QB 517 6 Nov 1995 CA Sir Thomas Bingham MR Employment, Discrimination, Armed Forces A ban on homosexuals serving in the armed forces was not irrational, and the challenge to the ban failed. The greater the policy content of a decision, and the more remote the subject matter of a decision from ordinary judicial experience, the more hesitant the court must necessarily be in holding a decision to be irrational. Where decisions of a policy-laden, esoteric or security-based nature are in issue even greater caution than normal must be shown in applying the test, but the test itself is sufficiently flexible to cover all situations. “The court may not interfere with the exercise of an administrative discretion on substantive grounds save where the court is satisfied that the decision is unreasonable in the sense that it is beyond the range of responses open to a reasonable decision-maker. But in judging whether the decision-maker has exceeded this margin of appreciation the human rights context is important. The more substantial the interference with human rights, the more the court will require by way of justification before it is satisfied that the decision is reasonable in the sense outlined above.” Profound cultural changes do take time, but "A belief which represented unquestioned orthodoxy in year X may have become questionable by year Y and unsustainable by year Z." 1 Cites 1 Citers Â Taylorplan Services Ltd v Jackson and others [1995] UKEAT 904_95_0611 6 Nov 1995 EAT Employment [ Bailii ] Â Ministry of Defence v George [1995] UKEAT 94_95_0611 6 Nov 1995 EAT Employment [ Bailii ] Â Inter Quest Ltd v Ahern [1995] UKEAT 471_95_0611 6 Nov 1995 EAT Employment [ Bailii ] Â Stuart v Ministry of Defence [1995] UKEAT 68_95_0711 7 Nov 1995 EAT Employment [ Bailii ] Â Augustus v Forestdale Hotels Ltd [1995] UKEAT 540_94_0711 7 Nov 1995 EAT Employment [ Bailii ] Â Regina v Secretary of State for Defence Ex Parte Lustig Prean and Others Independent, 07 November 1995 7 Nov 1995 CA Employment A ban on homosexuals serving in armed forces was not irrational; challenge failed. 1 Cites 1 Citers Â Chauhan and Another v Man Truck and Bus UK Ltd [1995] UKEAT 931_94_0711 7 Nov 1995 EAT Employment [ Bailii ] Â Bradley v Chalfont St Giles Parish Council [1995] UKEAT 574_95_0811 8 Nov 1995 EAT Employment [ Bailii ] Â Duckworth v Colne Anodising Ltd [1995] UKEAT 308_95_0811 8 Nov 1995 EAT Employment [ Bailii ] Â Hust v London Borough of Tower Hamlets [1995] UKEAT 319_95_0811 8 Nov 1995 EAT Employment [ Bailii ] Â R S D Technology Ltd v Dawson [1995] UKEAT 608_94_0811 8 Nov 1995 EAT Employment [ Bailii ] Â Ormsby v the West of England Shipowners Insurance [1995] UKEAT 1156_94_0811 8 Nov 1995 EAT Employment 1 Cites [ Bailii ] Â T C Cleaning Contractors Ltd v Marsh [1995] UKEAT 920_95_0811 8 Nov 1995 EAT Employment [ Bailii ] Â Travelin Man South West Ltd v Billing [1995] UKEAT 602_95_0811 8 Nov 1995 EAT Employment [ Bailii ] Â Beaman v Bonusteam Ltd and Another [1995] UKEAT 10_94_0911 9 Nov 1995 EAT Employment [ Bailii ] Â Bennett v Lord Chancellor's Department [1995] UKEAT 66_95_0911 9 Nov 1995 EAT Employment [ Bailii ] Â Rooms v North Birmingham College [1995] UKEAT 517_94_0911 9 Nov 1995 EAT Employment [ Bailii ] Â RSPCA Manchester and Salford Branch v Eccles [1995] UKEAT 1050_94_0911 9 Nov 1995 EAT Employment [ Bailii ] Â Â Francovich v Italy; ECJ 9-Nov-1995 - C-479/93; [1995] IRLR 355; [1995] EUECJ C-479/93; [1995] ICR 722 Â La-Touche v the Royal London Trust [1995] UKEAT 72_94_0911 9 Nov 1995 EAT Employment [ Bailii ] Â Carling v Testers [1995] UKEAT 521_95_0911 9 Nov 1995 EAT Employment [ Bailii ] Â Faccenda Chicken Ltd v Evans and Another [1995] UKEAT 1239_94_0911 9 Nov 1995 EAT Employment 1 Cites [ Bailii ] Â Hill v Greenham Trading Ltd [1995] UKEAT 830_95_0911 9 Nov 1995 EAT Employment [ Bailii ] Â Crouch v Kidsons Impey [1995] UKEAT 947_94_0911 9 Nov 1995 EAT Employment [ Bailii ] Â Cutsforth v Robert Mcbride Group Ltd [1995] UKEAT 646_93_0911 9 Nov 1995 EAT Employment [ Bailii ] Â Jones v Special Crown Ltd [1995] UKEAT 1002_94_0911 9 Nov 1995 EAT Employment [ Bailii ] Â Culver v Secretary of State for Employment [1995] UKEAT 744_95_1011 10 Nov 1995 EAT Employment [ Bailii ] Â Kaladagi v Cestquill Ltd [1995] UKEAT 874_94_1011 10 Nov 1995 EAT Employment [ Bailii ] Â Fox and others v The General Electric Company Plc and Another [1995] UKEAT 505_95_1011 10 Nov 1995 EAT Employment [ Bailii ] Â Campion Hall v Wain and Another [1995] UKEAT 1112_94_1011 10 Nov 1995 EAT Employment [ Bailii ] Â Abbey Motors (Hemel Hempstead) Ltd v Carta [1995] UKEAT 403_95_1011 10 Nov 1995 EAT Employment [ Bailii ] Â Penfold v Norfolk College of Arts and Technology [1995] UKEAT 909_95_1011 10 Nov 1995 EAT Employment [ Bailii ] Â Sewell v Mccowen [1995] UKEAT 569_94_1311 13 Nov 1995 EAT Employment [ Bailii ] Â Â Hussain and Others v J H Walker Ltd; CA 13-Nov-1995 - Times, 13 November 1995 Â Sanders v Slade and others [1995] UKEAT 962_94_1311 13 Nov 1995 EAT Employment [ Bailii ] Â Hereford and Worcester County Council v Clayton and others [1995] UKEAT 692_95_1411 14 Nov 1995 EAT Employment [ Bailii ] Â Strachan and Henshaw Ltd v Coster and others [1995] UKEAT 963_95_1411 14 Nov 1995 EAT Employment [ Bailii ] Â Davies and Another v LEC Refrigeration Plc [1995] UKEAT 705_94_1411 14 Nov 1995 EAT Employment [ Bailii ] Â Yates v UEC Industries Ltd [1995] UKEAT 682_95_1411 14 Nov 1995 EAT Employment [ Bailii ] Â Caruana v Manchester Airport Plc [1995] UKEAT 687_94_1411 14 Nov 1995 EAT Employment, Discrimination 1 Citers [ Bailii ] Â North Yorkshire Police v Rose and others [1995] UKEAT 1085_95_1411 14 Nov 1995 EAT Employment [ Bailii ] Â William Lamb Footwear Ltd v Black [1995] UKEAT 784_95_1411 14 Nov 1995 EAT Employment [ Bailii ] Â Sylk of Macclesfield v Wallbank [1995] UKEAT 643_95_1511 15 Nov 1995 EAT Employment [ Bailii ] Â Cole v Safetell Ltd [1995] UKEAT 1178_94_1511 15 Nov 1995 EAT Employment [ Bailii ] Â James v Gloucester City Council [1995] UKEAT 546_95_1511 15 Nov 1995 EAT Employment [ Bailii ] Â Chauhan v Katsouris [1995] UKEAT 782_94_1511 15 Nov 1995 EAT Employment 1 Cites [ Bailii ] Â Gaines v Picturedrome Theatres Ltd [1995] UKEAT 661_95_1611 16 Nov 1995 EAT Employment [ Bailii ] Â Moss v Schering Health Care Ltd [1995] UKEAT 378_94_1611 16 Nov 1995 EAT Employment [ Bailii ] Â A v D [1995] UKEAT 1034_94_1611 16 Nov 1995 EAT Employment [ Bailii ] Â Otobo v Kingsmead Primary School and Another [1995] UKEAT 1203_95_1611 16 Nov 1995 EAT Employment [ Bailii ] Â Frances v Sundt and Co Ltd [1995] UKEAT 450_95_1711 17 Nov 1995 EAT Employment [ Bailii ] Â Interactive Leisure Services Ltd v Ingleson [1995] UKEAT 1204_95_1711 17 Nov 1995 EAT Employment [ Bailii ] Â Ramm v University of Surrey [1995] UKEAT 888_95_1711 17 Nov 1995 EAT Employment [ Bailii ] Â Mensah v Royal College of Midwives [1995] UKEAT 124_94_1711 17 Nov 1995 EAT Employment, Discrimination Race Relations Act 1976 1 Citers [ Bailii ] Â Steenhoff v Rother District Council [1995] UKEAT 1121_94_2011 20 Nov 1995 EAT H J Byrt QC Employment Constructive dismissal. 1 Cites [ Bailii ] Â London Borough of Greenwich v Robinson [1995] UKEAT 745_94_2111 21 Nov 1995 EAT Employment [ Bailii ] Â Hatch v Sun Life Assurance Society Plc [1995] UKEAT 565_94_2111 21 Nov 1995 EAT Employment [ Bailii ] Â Pattison v Board of Governors of Christ's Hospital [1995] UKEAT 836_95_2111 21 Nov 1995 EAT Employment [ Bailii ] Â Shipley v Ramside Catering Service [1995] UKEAT 13_95_2111 21 Nov 1995 EAT Employment [ Bailii ] Â Otto Schiff Housing Association v Kan [1995] UKEAT 1240_94_2211 22 Nov 1995 EAT Employment 1 Cites [ Bailii ] Â Taylorplan Services Ltd v Morris and Another [1995] UKEAT 42_95_2211 22 Nov 1995 EAT Employment 1 Cites [ Bailii ] Â Taylorplan Services Ltd v Butcher [1995] UKEAT 43_95_2211 22 Nov 1995 EAT Employment [ Bailii ] Â Bhatt v Aircraft Service Ltd [1995] UKEAT 832_95_2211 22 Nov 1995 EAT Employment [ Bailii ] Â Thames Water Utilities v Reynolds [1996] IRLR 186; [1995] UKEAT 1090_94_2211 22 Nov 1995 EAT Employment 1 Citers [ Bailii ] Â Riverside Restaurants Ltd (T/A Harry Ramsden) v Tremayne [1995] UKEAT 1168_95_2311 23 Nov 1995 EAT Employment [ Bailii ] Â Hatton v Romford Office and Commercial Removals Ltd [1995] UKEAT 918_93_2311 23 Nov 1995 EAT Employment [ Bailii ] Â Mason v Dow Corning Ltd [1995] UKEAT 915_95_2311 23 Nov 1995 EAT Employment [ Bailii ] Â Gentle and others v Perkins Group Ltd [1995] UKEAT 345_93_2311 23 Nov 1995 EAT Employment [ Bailii ] Â Gwatidzo v Beatson Clark Plc [1995] UKEAT 673_95_2411 24 Nov 1995 EAT Employment [ Bailii ] Â John Crowther and Sons (Milnsbridge) Ltd v Stoney [1995] UKEAT 1020_94_2411 24 Nov 1995 EAT Employment [ Bailii ] Â Nicholas v Stena Sealink Ltd [1995] UKEAT 126_94_2411 24 Nov 1995 EAT Employment [ Bailii ] Â Shishmanian v National Freight Corporation [1995] UKEAT 1050_95_2711 27 Nov 1995 EAT Employment [ Bailii ] Â Iqbal v Parker and Another [1995] UKEAT 1013_94_2711 27 Nov 1995 EAT Employment [ Bailii ] Â Fox v Anago Ltd [1995] UKEAT 32_92_2711 27 Nov 1995 EAT Employment [ Bailii ] Â Johnson v Black Country Groundwork Trust [1995] UKEAT 892_96_2711 27 Nov 1995 EAT Employment [ Bailii ] Â Harborough Engineering Ltd v Hill and others [1995] UKEAT 681_94_2711 27 Nov 1995 EAT Employment [ Bailii ] Â House of Fraser v Quist-Brown [1995] UKEAT 1060_95_2711 27 Nov 1995 EAT Employment 1 Cites [ Bailii ] Â Shishmanian v Fairfax Meadow Farm Ltd [1995] UKEAT 102_95_2711 27 Nov 1995 EAT Employment [ Bailii ] Â White v Sketchley Retail Ltd [1995] UKEAT 873_95_2811 28 Nov 1995 EAT Employment [ Bailii ] Â J Sainsbury Plc v Viitmaa [1995] UKEAT 1091_95_2811 28 Nov 1995 EAT Employment [ Bailii ] Â Ballinger v Rotherham General Hospital NHS Trust [1995] UKEAT 809_95_2811 28 Nov 1995 EAT Employment [ Bailii ] Â Rentokil Ltd v Morgan [1995] UKEAT 703_95_2811 28 Nov 1995 EAT Employment [ Bailii ] Â Smalley v Secretary of State for Employment [1995] UKEAT 866_95_2811 28 Nov 1995 EAT Employment [ Bailii ] Â Tuck and others v Bsg Property Services and Another [1995] UKEAT 993_95_2911 29 Nov 1995 EAT Employment [ Bailii ] Â Martin Retail Group Plc v Dormer [1995] UKEAT 316_92_2911 29 Nov 1995 EAT Employment [ Bailii ] Â Am Widdowson and Son Ltd v Bell and others [1995] UKEAT 1147_94_2911 29 Nov 1995 EAT Employment [ Bailii ] Â Â Taylor v H Backhouse (Baker St) Ltd; EAT 29-Nov-1995 - [1995] UKEAT 900_94_2911 Â Cuspo 2000 Ltd v McLachlan [1995] UKEAT 918_95_2911 29 Nov 1995 EAT Employment 1 Cites [ Bailii ] Â Atti v London Borough of Lambeth [1995] UKEAT 1223_94_2911 29 Nov 1995 EAT Employment [ Bailii ] Â Hurst v Barley Parkinson Tea Ltd and Another [1995] UKEAT 842_95_2911 29 Nov 1995 EAT Employment [ Bailii ] Â Rooff Ltd v Mcintyre [1995] UKEAT 676_95_3011 30 Nov 1995 EAT Employment [ Bailii ] Â Unison v Nolan and others [1995] UKEAT 1244_95_3011 30 Nov 1995 EAT Employment [ Bailii ] Â Bennett v De Vere Hotels Ltd [1995] UKEAT 1113_95_3011 30 Nov 1995 EAT Employment [ Bailii ] Â Piper v Sefton Borough Council [1995] UKEAT 893_95_0112 1 Dec 1995 EAT Employment [ Bailii ] Â Hemani v Hemani and Another [1995] UKEAT 1020_94_0112 1 Dec 1995 EAT Employment [ Bailii ] Â Macfarlane v Dorset County Council [1995] UKEAT 754_95_0112 1 Dec 1995 EAT Employment [ Bailii ] Â Shaw v John Hirst Radio Ltd [1995] UKEAT 862_95_0112 1 Dec 1995 EAT Employment [ Bailii ] Â Salih v Vista Plc (T/A Joe Bananas) [1995] UKEAT 241_95_0112 1 Dec 1995 EAT Employment [ Bailii ] Â W J Farwell (Sopwell) Ltd v Coleman [1995] UKEAT 1040_94_0112 1 Dec 1995 EAT Employment [ Bailii ] Â United Norwest Co-Operatives Ltd v Williams [1995] UKEAT 781_95_0112 1 Dec 1995 EAT Employment [ Bailii ] Â Cabaj v Westminster City Council [1995] UKEAT 263_95_0112 1 Dec 1995 EAT Employment [ Bailii ] Â Â Armstrong v Devon County Council; EAT 4-Dec-1995 - [1995] UKEAT 1211_95_0412 Â Adoko v The Law Society [1995] UKEAT 694_95_0412 4 Dec 1995 EAT Employment, Discrimination The claimant sought leave to appeal against dismissal of his claim for race discrimination. Race Relations Act 1976 [ Bailii ] Â Boyo v London Borough of Lambeth [1995] UKEAT 1056_95_0412 4 Dec 1995 EAT Mummery P J Employment, Discrimination 1 Cites [ Bailii ] Â London Borough of Hackney and others v Dawnay [1995] UKEAT 1064_95_0412 4 Dec 1995 EAT Employment [ Bailii ] Â Bass Taverns Ltd v Foy [1995] UKEAT 79_94_0412 4 Dec 1995 EAT Employment [ Bailii ] Â Stanley v National Homecare Ltd [1995] UKEAT 202_95_0412 4 Dec 1995 EAT Employment [ Bailii ] Â Edcrest Ltd v Swift Transport Services Ltd and others [1995] UKEAT 448_95_0512 5 Dec 1995 EAT Employment [ Bailii ] Â B v A [1995] UKEAT 277_95_0512 5 Dec 1995 EAT Employment [ Bailii ] Â Koksal v Colonial Mutual Group (UK Holdings) Ltd [1995] UKEAT 969_95_0512 5 Dec 1995 EAT Employment [ Bailii ] Â Richards v Ravenswood Foundation [1995] UKEAT 1209_94_0512 5 Dec 1995 EAT Employment [ Bailii ] Â Secretary of State for Employment v McVey [1995] UKEAT 519_95_0512 5 Dec 1995 EAT Employment 1 Cites [ Bailii ] Â Buchanan-Smith v Schleicher and Co International Ltd [1995] UKEAT 1105_94_0612 6 Dec 1995 EAT Employment [ Bailii ] Â Ward v Royal Mail Letters South Central [1995] UKEAT 955_95_0612 6 Dec 1995 EAT Employment [ Bailii ] Â Shah v London Borough of Hounslow [1995] UKEAT 822_95_0612 6 Dec 1995 EAT Employment [ Bailii ] Â Cook and 22 Others v A P Precision Hydraulics Ltd [1995] UKEAT 323_95_0612 6 Dec 1995 EAT Employment [ Bailii ] Â Doncaster Metropolitan Borough Council v Shinn [1995] UKEAT 922_94_0712 7 Dec 1995 EAT Employment [ Bailii ] Â Oldham Metropolitan Borough Council v Dixon [1995] UKEAT 777_94_0712 7 Dec 1995 EAT Employment [ Bailii ] Â Boxell v Durham County Council Lea [1995] UKEAT 545_94_0712 7 Dec 1995 EAT Employment [ Bailii ] Â Hewitt v Thorn (Uk) Ltd [1995] UKEAT 954_95_0812 8 Dec 1995 EAT Employment [ Bailii ] Â Clarke v Marks and Spencer Plc [1995] UKEAT 814_95_0812 8 Dec 1995 EAT Employment [ Bailii ] Â Elliott v Domnick Hunter Ltd [1995] UKEAT 1144_94_0812 8 Dec 1995 EAT Employment [ Bailii ] Â Ministry of Defence v Hunt [1995] UKEAT 85_95_0812 8 Dec 1995 EAT Employment [ Bailii ] Â Fire Brigade Union v Knowles and Another [1995] UKEAT 672_94_0812 8 Dec 1995 EAT Employment 1 Citers [ Bailii ] Â Misco Computer Supplies Ltd and Another v Slater [1995] UKEAT 1228_94_1112 11 Dec 1995 EAT Employment [ Bailii ] Â Mansfield v Sanctuary Housing Association [1995] UKEAT 855_95_1112 11 Dec 1995 EAT Employment [ Bailii ] Â Harrods Ltd v Remick [1995] UKEAT 397_95_1112 11 Dec 1995 EAT Employment [ Bailii ] Â Robinson v Swift Group Ltd [1995] UKEAT 1265_95_1112 11 Dec 1995 EAT Employment [ Bailii ] Â Chargecrest Ltd v Mclaughlin and Another [1995] UKEAT 105_95_1112 11 Dec 1995 EAT Employment [ Bailii ] Â Sefton Mbc and Another v Lunn and others [1995] UKEAT 1308_95_1212 12 Dec 1995 EAT Employment [ Bailii ] Â Ministry of Defence v Nathan [1995] UKEAT 452_95_1212 12 Dec 1995 EAT Employment [ Bailii ] Â Bond v Ministry of Defence [1995] UKEAT 357_95_1212 12 Dec 1995 EAT Employment [ Bailii ] Â Candler and others v ICL System Services [1995] UKEAT 1136_94_1212 12 Dec 1995 EAT Employment [ Bailii ] Â Gec Marconi Communications Ltd v Ryan [1995] UKEAT 1212_95_1212 12 Dec 1995 EAT Employment [ Bailii ] Â P A C T v Clark [1995] UKEAT 705_95_1212 12 Dec 1995 EAT Employment [ Bailii ] Â Naim v Kala Ltd [1995] UKEAT 233_95_1212 12 Dec 1995 EAT Employment [ Bailii ] Â Riniker v University College London [1995] UKEAT 962_95_1212 12 Dec 1995 EAT Employment 1 Citers [ Bailii ] Â Barthorpe (T/A Barthorpe and Co) v Dean and others [1995] UKEAT 843_95_1312 13 Dec 1995 EAT Employment [ Bailii ] Â Champion and others v Regent Office Care Ltd [1995] UKEAT 419_95_1312 13 Dec 1995 EAT Employment [ Bailii ] Â Tate v Ministry of Defence [1995] UKEAT 380_95_1312 13 Dec 1995 EAT Employment [ Bailii ] Â Hughes v Secretary of State for Employment and others [1995] UKEAT 204_94_1312 13 Dec 1995 EAT Employment [ Bailii ] Â Morgan v Dudley Metropolitan Borough Council [1995] UKEAT 868_95_1412 14 Dec 1995 EAT Employment [ Bailii ] Â Hawker Fusegear Ltd v Allen [1995] UKEAT 794_94_1412 14 Dec 1995 EAT Employment [ Bailii ] Â Post Office v Townend [1995] UKEAT 291_95_1412 14 Dec 1995 EAT Employment [ Bailii ] Â Schoon v Unison [1995] UKEAT 850_95_1412 14 Dec 1995 EAT Employment [ Bailii ] Â Â Union Royale Belge des societes de Football Association and others v Bosman and others; ECJ 15-Dec-1995 - C-415/93; [1995] EUECJ C-415/93; [1995] ECR I-4921 Â Hawkins v Ball and Another [1995] UKEAT 1289_95_1512; [1996] IRLR 258 15 Dec 1995 EAT Employment 1 Citers [ Bailii ] Â North Yorkshire Police and others v Ashurst and others [1995] UKEAT 1280_95_2012 20 Dec 1995 EAT Mummery J P Employment The court heard appeals against refusals of adjournment on date fixed for trial, and gave general guidance [ Bailii ] Â Employment Service v Nathan [1995] UKEAT 1316_95_2012 20 Dec 1995 EAT Employment [ Bailii ] Â Dawson v Designer Craft Upholstery Ltd [1995] UKEAT 614_95_2012 20 Dec 1995 EAT Employment [ Bailii ] Â Â Marley Uk Ltd and Another v Anderson; CA 20-Dec-1995 - Gazette, 17 January 1996; Ind Summary, 15 January 1996; Times, 20 December 1995 Â Reebok International Ltd v Crompton [1995] UKEAT 1225_95_2012 20 Dec 1995 EAT Mummery J P Employment, Discrimination Appeal agaiinst extension of time given for filing sex discrimination case. Sex Discrimination Act 1975 7691) [ Bailii ] Â Â Rubenstein and Another (T/A McGuffies Dispensing Chemists) v McGloughlin; EAT 28-Dec-1995 - Times, 28 December 1995; [1996] UKEAT 767_94_2904; [1997] ICR 318 Â
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Employment - From: 1995 To: 1995