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These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.  















Employment - From: 1996 To: 1996

This page lists 865 cases, and was prepared on 02 April 2018.

 
Ahmed v Government of the Kingdom of Saudi Arabia [1996] ICR 25
1996
CA
Peter Gibson LJ
Employment, Jurisdiction
Where a defence had been filed to an action without a claim for state immunity having been made, it would have to be shown that the head of mission had submitted to the jurisdiction.
State Immunity Act 1978
1 Citers


 
Generale Bank Nederland Nv (Formerly Credit Lyonnais Bank Nederland Nv) v Export Credit Guarantee Department [1996] 1 Lloyd's Rep 200
1996

Longmore J
Vicarious Liability, Employment, Banking, Torts - Other
The Export Credit Guarantee Department was not liable to the Bank for the loss which the Bank sustained due to the fraud of one of its customers in which an employee was involved.
1 Citers


 
Lancashire Fires Ltd v S A Lyons and Co Ltd [1996] FSR 629
1996
CA
Sir Thomas Bingham MR
Intellectual Property, Employment
It was claimed that a loan to the employee from a customer of the employer coupled with an exclusive supply agreement by the employee as and when the competing business becomes operative was in breach of an non-compete clause. Held: The injunction was granted. It was not incumbent on an employer to point out to an employee the precise limits of what he might later seek to protect as confidential information. Distinctions can be hard to draw in this field. Sir Thomas Bingham MR said that it was "just that Susan Magnall should be precluded from disclosing the information to others" and therefore granted an injunction against her, though "if the plaintiff seeks financial relief against Susan Magnall, we shall need to hear further argument before deciding the point."
Sir Thomas Bingham MR said: "In Faccenda Chicken (at page 137) the Court of Appeal drew attention to some of the matters which must be considered in determining whether any particular item of information falls within the implied term of a contract of employment so as to prevent its use or disclosure by an employee after his employment has ceased. Those matters included: the nature of the employment: the nature of the information itself: the steps (if any) taken by the employer to impress on the employee the confidentiality of the information: and the case or difficulty of isolating the information in question from other information which the employee is free to use or disclose. We have no doubt that these are all very relevant matters to consider. In the ordinary way, the nearer an employee is to the inner counsels of an employer, the more likely he is to gain access to truly confidential information. The nature of the information itself is also important: to be capable of protection, information must be defined with some degree of precision: and an employer will have great difficulty in obtaining protection for his business methods and practices. If an employer impresses the confidentiality of certain information on his employee, that is an indication of the employer's belief that the information is confidential, a fact which is not irrelevant: Thomas Marshall Ltd v Guinle [1979] Ch 227 at 248. But much will depend on the circumstances. These may be such as to show that information is or is being treated as, confidential; and it would be unrealistic to expect a small and informal organisation to adopt the same business disciplines as a larger and more bureaucratic concern. It is plain that if an employer is to succeed in protecting information as confidential, he must succeed in showing that it does not form part of an employee's own stock of knowledge, skill and experience. The distinction between information in Goulding J's class 2 and information in his class 3 may often on the facts be very hard to draw, but ultimately the court must judge whether an ex-employee has illegitimately used the confidential information which forms part of the stock-in-trade of his former employer either for his own benefit or to the detriment of the former employer, or whether he has simply used his own professional expertise, gained in whole or in part during his former employment."
1 Cites

1 Citers



 
 Tabion v Mufti; 1996 - (1996) 73F 3d 535; (1996) 107 ILR 452
 
Wallace v CA Roofing Services Ltd [1996] IRLR 435
1996


Employment
An employer can less easily terminate an apprentice than other employees. An oral apprenticeship contract is enfoirceable, but only once it is acted upon.
1 Citers


 
Crouch v Kidsons Impey [1996] IRLR 79
1996


Employment

1 Citers


 
Hassard v Mc Grath and Others [1996] NILR 586
1996
CANI

Northern Ireland, Employment
Before the alleged transfer, the undertaking of general building work operations, was carried on by the Northern Ireland Housing Executive through its Direct Labour Organisation then divided into four districts. The employee worked in two units then contracted out to two separate building contractors. In unfair dismissal proceedings it was asked whether there had been a transfer of an identifiable part of an undertaking by the executive to one of the contractors. It was common ground that there were two elements to consider: whether there has been an identifiable undertaking and whether on the facts a transfer had taken place. The court emphasised the need to consider the "undertaking" issue separately from the "transfer" issue. There must have been an economic entity capable of being transferred as a going concern, but that the part of the undertaking transferred did not have to have been regarded by either the transferor or the transferee as a separate or distinct part of it, or to have been separately operated by them. "It would not be correct to look at the issue exclusively from the standpoint of either the transferor or the transferee. It is relevant to consider in the first instance whether the transferor regarded the activity in question as a distinct part of his undertaking, for an affirmative answer to that may well settle the matter. It is not, however, conclusive that he did not so regard it or treat it as a separate part of his organisation, if it was in effect an economic entity capable of being transferred as a going concern"
Council Directive 77/187/EEC
1 Citers


 
Regina v Secretary of State for Trade and Industry ex parte Unison [1996] ICR 1003
1996

Otton LJ, Newman J
Employment, European
The 1978 Directive required consultation in the case of collective redundancies. Acts had incorrectly incorporated this requirement into English law. The error was corrected in the 1995 Regulations. Held: Anything is "related to" a Community obligation so long as it is not distinct, separate or divorced from it. The 1995 Regulations were valid.
Otton LJ said: "Section 2(2) read as a whole empowers [the Minister] to make provision by regulations: (a) for the purpose of implementing any Community obligation of the United Kingdom or enabling such any such obligation to be implemented, etc.; (b) for the purpose of dealing with matters arising out of or related to any such obligation, or rights, etc. These are very general and wide powers. Section 2(2)(b) is particularly widely drawn . . The first limb of section 2(4), properly construed, emphasises that delegated legislation under section 2(2) may repeal or amend Acts of Parliament (subject to the restrictions in Schedule 2 . . ). The Collective Redundancies Directive (75/129/EEC), read as a whole, provides for greater protection to be afforded to workers in the event of collective redundancies "while taking into account the need for balanced economic and social development within the Community". Thus the Directive is not a measure which seeks to promote workers' protection to the exclusion of all other considerations. It permits member states to strike an appropriate balance between the two goals. Article 5 recognises the right of member states to introduce legislation which is more favourable to workers, provided, on my interpretation, that such legislation is "related to" the purpose of the Directive." and "The United Kingdom chose to provide more extended protection by the Employment Protection Act 1975, the amendments thereto, . . and the regulations under review. These were expressed to be "related to" the Directive and Community obligations. . . . It is significant, in my view, that in the two cases which were considered by the Court of Justice in Commission of the European Communities v. United Kingdom (Cases C-382 and 383/92) [1994] I.C.R. 664 the Commission when making complaint did not aver that the measures themselves were not "related to" the Directives. The Commission proceeded on the basis that the measures about which the complaint was made purported to be connected with and to implement the Directives but did so imperfectly. The Employment Protection Act 1975 was the first implementation of Directive (75/129/EEC). It did not follow that every subsequent implementation had to be by means of primary legislation. Thus I am satisfied that it was within the power of the Secretary of State, as a designated Minister, by subordinate legislation to amend the domestic primary legislation and to implement the Directive. Against that analysis I am satisfied that the applicants have not advanced a sound basis for limiting the scope of the phrase "relating to" [sic] in section 2(2)(b) of the European Communities Act 1972. I reject the alternative meaning suggested by Mr Langstaff of "tangential or consequential". This is not the language of the Directive or the United Kingdom legislation. I see no reason not to give the phrase "relating to" or "related to" any meaning other than its natural, everyday meaning. Thus I am satisfied that the obligation to consult a trade union in regard to one redundancy is related to a Community obligation, and not distinct, separate, or divorced from it.
Directive 75/129/EEC - Employment Protection Act 1980 - Trade Union and Labour Relations (Consolidation) Act 1992 - Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 1995
1 Cites

1 Citers


 
Caledonia Motor Group Ltd v Reid EAT/590/96
1996
EAT

Employment

1 Citers


 
Greater Glasgow Health Board's Application [1996] RPC 207
1996

Jacob J
Employment, Intellectual Property
An Opthalmic Registrar employed by the Board invented an optical spacing device for use with an indirect ophthalmoscope. The Hearing Officer decided that the invention belonged to the employer. Held: The employee's appeal succeeded. The court was only concerned to ascertain the normal duties of the Registrar. In doing so he relied on the contractual job description and the evidence of the Head of Department.
1 Citers


 
Scottish Daily Record and Sunday Mail (1986) Ltd v Laird 1996 SC 401
1996


Employment

1 Citers



 
 Hay v George Hanson; 1996 - [1996] IRLR 427

 
 PR Consultants Scotland Ltd v Mann; OHCS 1996 - [1996] IRLR 188
 
Quinn v Calder [1996] IRLR 126
1996
EAT
Lord Coulsfield
Employment
Employees sought to establish a contractual right to an enhanced redundancy payment. Lord Coulsfield referred to Duke and said: "In a case such as the present, the factors to which Browne-Wilkinson J referred are likely to be among the most important circumstances to be taken into account, but they have to be taken into account along with all the other circumstances of the case. Thus, for example, in our view, the question is not whether the period for which a policy has been followed is 'substantial' in some abstract sense, but whether, in relation to the other circumstances, it is sufficient to support the inference that that policy has achieved the status of a contractual term. Again, with regard to communication, the question seems to us to be not so much whether the policy has been made or become known directly to the employees or through intermediaries, but whether the circumstances in which it was made or has become known support the inference that the employers intended to become contractually bound by it."
Such a situation had only arisen on four occasions in seven years and from the employer's perspective, payment of the enhanced terms had not been automatic but had required a decision on each occasion: "The fact that the employees' knowledge came from fellow-employees would not preclude the possibility of treating the enhanced terms as established, by custom and practice, as part of the contract; but it is necessary to take that knowledge along with the other circumstances, including the fact that there does not appear to have been any evidence that any employee actually entered into the employment on the faith of an expectation that those terms would be applied."
1 Cites

1 Citers


 
Smyth v Croft Inns Ltd [1996] IRLR 84
1996

Sir Brian Hutton LCJ
Employment, Discrimination
A barman in a public house with Protestant customers in a 'loyalist' area of Belfast was constructively dismissed because he was a Roman Catholic. Held: That was discrimination 'on the ground of religious belief' within the section. The employer's conduct did not cease to be discrimination on that ground because the employer would have treated in the same way a Protestant barman in a public house with Roman Catholic customers. That showed only that the employer would be guilty of religious discrimination against both barmen.
Fair Employment (Northern Ireland) Act 1976 16
1 Citers



 
 Aspden v Webbs Poultry and Meat Group (Holdings) Limited; QBD 1996 - [1996] IRLR 521
 
Caines v Hamon-Lummus Ltd [1996] UKEAT 867_95_1101
11 Jan 1996
EAT

Employment

[ Bailii ]
 
Caines v Hamon-Lummus Ltd Unreported, 11 January 1996
11 Jan 1996
EAT
Judge Peter Clark
Employment
The effective date of termination is a statutory construct which depends on what has happened between the parties over time and not on what they may agree to treat as having happened. The EAT upheld the industrial tribunal's view that, in ascertaining the starting date of a period of continuous employment under the 1978, only the statutory provisions were admissible.
Employment Protection (Consolidation) Act 1978
1 Citers


 
Cowell v Penny Lane Wine Bar Ltd [1996] UKEAT 934_95_1101
11 Jan 1996
EAT

Employment

1 Citers

[ Bailii ]
 
Sheng v Edi Electronic Engineering Ltd [1996] UKEAT 953_95_1201
12 Jan 1996
EAT

Employment

[ Bailii ]
 
Gardiner Technology Ltd v Breakwell [1996] UKEAT 856_95_1201
12 Jan 1996
EAT

Employment

[ Bailii ]
 
Cornelius v London Borough of Hackney [1996] UKEAT 1061_94_1201
12 Jan 1996
EAT

Employment

1 Citers

[ Bailii ]
 
W H Smith Ltd v Kite [1996] UKEAT 562_95_1201
12 Jan 1996
EAT

Employment

[ Bailii ]
 
London Borough of Hackney and Another v Fashola [1996] UKEAT 116_94_1201
12 Jan 1996
EAT

Employment

[ Bailii ]
 
O'Hora v Tulip International (Uk) Bacon Division Ltd [1996] UKEAT 381_95_1501
15 Jan 1996
EAT

Employment

[ Bailii ]
 
Office Cleaning Services Ltd v Dickinson [1996] UKEAT 711_95_1501
15 Jan 1996
EAT

Employment

[ Bailii ]
 
Brailsford v Mansfield Brewery Plc [1996] UKEAT 11_95_1501
15 Jan 1996
EAT

Employment

[ Bailii ]
 
Addo-Kwabi v London Borough of Waltham Forest [1996] UKEAT 865_95_1501
15 Jan 1996
EAT

Employment

[ Bailii ]

 
 Nwidobie v Blackpool and Fylde College and Another; EAT 15-Jan-1996 - [1996] UKEAT 1256_94_1501
 
Takpi v Jacques Mathiot Wines Plc [1996] UKEAT 394_90_1501
15 Jan 1996
EAT

Employment

[ Bailii ]
 
Francis v TM Group Plc [1996] UKEAT 51_95_1601
16 Jan 1996
EAT

Employment

[ Bailii ]
 
Schofield v Geotechnical Engineering (Northern) Ltd [1996] UKEAT 1046_95_1601
16 Jan 1996
EAT

Employment

[ Bailii ]
 
Armishaw v London Docklands Development Corporation [1996] UKEAT 1246_94_1601
16 Jan 1996
EAT

Employment

1 Cites

[ Bailii ]
 
Minehead Royal British Legion Club Ltd v Gunter [1996] UKEAT 84_94_1701
17 Jan 1996
EAT

Employment

[ Bailii ]
 
Force 3 Security Ltd v Duggins [1996] UKEAT 834_95_1701
17 Jan 1996
EAT

Employment

[ Bailii ]
 
James v The Greytree Trust [1996] UKEAT 699_95_1701
17 Jan 1996
EAT
His Honour Judge Altman, Mr R N Straker, Mr A D Tuffin CBE
Employment
The tribunal was asked whether, due to incapacity, an employee has been dismissed, or his contract of employment frustrated.
Employment Protection (Consolidation) Act 1978 57
1 Cites

[ Bailii ]
 
Virik v General Medical Council [1996] UKEAT 919_95_1701
17 Jan 1996
EAT

Employment

[ Bailii ]
 
Bromley Hospitals NHS Trust v Mair [1996] UKEAT 41_95_1701
17 Jan 1996
EAT

Employment

[ Bailii ]
 
Union Royal Belge Des Societes De Fottball Association Asbl v Bosnan Etc Times, 17 January 1996
17 Jan 1996
ECJ

Employment
Football's transfer fee system is in conflict with the EC freedom of movement for workers.

 
Rockfon A/S v Specialarbejderforbunde I Danmark Acting for Nielsen and Others Times, 17 January 1996; C-449/93; [1995] EUECJ C-449/93; [1996] IRLR 168; [1996] ICR 673; [1996] CEC 224; [1995] ECR I-4291
17 Jan 1996
ECJ

Employment, European
The term 'establishment' for the purpose of consultation on contemplated redundancies meant the work unit to which the relevant workers were assigned: "The term "establishment" appearing in Article 1(1)(a) of Directive (75/129/EEC) must therefore be interpreted as designating, depending on the circumstances, the unit to which the workers made redundant are assigned to carry out their duties. It is not essential, in order for there to be an "establishment", for the unit in question to be endowed with a management which can independently effect collective redundancies.
That interpretation is supported by the fact that the Commission's initial proposal for a Directive uses the term "undertaking" and that that term was defined in the last sub-paragraph of Article 1(1) of the proposal as "local employment unit". It appears, however, that the Council decided to replace the term "undertaking" by the term "establishment", which meant that the definition originally contained in the proposal and considered to be superfluous was deleted.
The answer to the second part of the preliminary question must therefore be that the term "establishment" appearing in Article 1(1)(a) . . must be understood as meaning, depending on the circumstances, the unit to which the workers made redundant are assigned to carry out their duties. It is not essential, in order for there to be an "establishment" for the unit in question to be endowed with a management which can independently effect collective redundancies."
Directive 79/129/EEC L48/29
1 Citers

[ Bailii ]
 
Pearce v The White House Surgery [1996] UKEAT 813_95_1801
18 Jan 1996
EAT

Employment

[ Bailii ]
 
Demeshghi v Bank Melli Iran [1996] UKEAT 179_93_1801
18 Jan 1996
EAT

Employment

1 Cites

[ Bailii ]
 
Tallon v Manchester Tec Ltd [1996] UKEAT 210_95_1801
18 Jan 1996
EAT

Employment

[ Bailii ]
 
Durchslag v Secretary of State for Employment [1996] UKEAT 1125_95_1801
18 Jan 1996
EAT

Employment

[ Bailii ]
 
Hughes and Another v Lyons Bakeries (Uk) Ltd [1996] UKEAT 1162_94_1801
18 Jan 1996
EAT

Employment

[ Bailii ]
 
Taylor v Co-Operative Retail Services [1996] UKEAT 1229_95_1901
19 Jan 1996
EAT

Employment

[ Bailii ]
 
Cyberdescence Design Ltd v Dunning [1996] UKEAT 1314_95_1901
19 Jan 1996
EAT

Employment

[ Bailii ]
 
Moses and Another v Newman [1996] UKEAT 307_95_1901
19 Jan 1996
EAT

Employment

[ Bailii ]
 
Morgan v Blaenau Gwent Borough Council [1996] UKEAT 944_95_1901
19 Jan 1996
EAT

Employment

[ Bailii ]
 
Smalley v Secretary of State for Employment [1996] UKEAT 866_95_2201
22 Jan 1996
EAT

Employment

[ Bailii ]
 
Palayiwa v Thames Valley Police [1996] UKEAT 761_94_2201
22 Jan 1996
EAT

Employment

[ Bailii ]
 
Secretary of State for Employment v Payne [1996] UKEAT 977_95_2201
22 Jan 1996
EAT

Employment

[ Bailii ]
 
Signs and Labels Ltd v Wallace [1996] UKEAT 110_95_2201
22 Jan 1996
EAT

Employment

1 Cites

[ Bailii ]
 
Hills (Patents) Ltd v Lynch [1996] UKEAT 965_95_2301
23 Jan 1996
EAT

Employment

[ Bailii ]
 
Wynn and Another v Ledwood Construction Ltd and Another [1996] UKEAT 1109_94_2301
23 Jan 1996
EAT

Employment

[ Bailii ]
 
Le Maitre (Sales) Ltd v Freeman [1996] UKEAT 69_95_2301; [1996] UKEAT 966_95_2301
23 Jan 1996
EAT

Employment

[ Bailii ] - [ Bailii ]
 
Levermore v T S E (Catering Equipment) Ltd [1996] UKEAT 569_95_2301
23 Jan 1996
EAT

Employment

[ Bailii ]
 
Terris v Crown Catering Ltd [1996] UKEAT 470_95_2301
23 Jan 1996
EAT

Employment

[ Bailii ]
 
Peel Street Pharmacy Ltd v Hopper [1996] UKEAT 777_95_2301
23 Jan 1996
EAT

Employment

[ Bailii ]
 
John Shepherd Motors v Cooper [1996] UKEAT 1180_95_2301
23 Jan 1996
EAT

Employment

[ Bailii ]
 
Scott v South Thames Corporation [1996] UKEAT 761_95_2401
24 Jan 1996
EAT

Employment

[ Bailii ]
 
Spurgeon v Russell and Bromley Ltd [1996] UKEAT 767_95_2401
24 Jan 1996
EAT

Employment

[ Bailii ]
 
Rowson v Plastic Developments (Uk) Ltd [1996] UKEAT 940_95_2401
24 Jan 1996
EAT

Employment

[ Bailii ]
 
Leary v Nurdin and Peacock [1996] UKEAT 184_95_2401
24 Jan 1996
EAT

Employment

[ Bailii ]
 
Mighty [1996] UKEAT 743_95_2401
24 Jan 1996
EAT

Employment

[ Bailii ]
 
Johnson v Peabody Trust [1996] UKEAT 221_95_2401
24 Jan 1996
EAT

Employment

[ Bailii ]
 
Cox v London Borough of Camden [1996] UKEAT 1053_95_2401
24 Jan 1996
EAT

Employment

[ Bailii ]
 
Irfan v Whittington Hospital NHS Trust [1996] UKEAT 1011_95_2401
24 Jan 1996
EAT

Employment

[ Bailii ]
 
Robinson v Davies Middleton and Davies Ltd [1996] UKEAT 907_95_2401
24 Jan 1996
EAT

Employment

[ Bailii ]
 
Evans v Gateacre Community [1996] UKEAT 798_95_2501
25 Jan 1996
EAT

Employment

[ Bailii ]
 
Lester v Avon Ambulance Service NHS Trust [1996] UKEAT 208_95_2501
25 Jan 1996
EAT

Employment

[ Bailii ]
 
Chriwend Investments Ltd v Raymond [1996] UKEAT 958_95_2501
25 Jan 1996
EAT

Employment

[ Bailii ]
 
Secretary of State for Employment v Wilson and others [1996] UKEAT 1072_94_2501
25 Jan 1996
EAT

Employment

[ Bailii ]
 
Adams and Others v Lancashire County Council and Another Times, 25 January 1996
25 Jan 1996
ChD

Employment
Protection of rights on undertaking transfer does not protect prospective pension rights

 
Hughes v London Underground Ltd [1996] UKEAT 1224_95_2601
26 Jan 1996
EAT

Employment

[ Bailii ]
 
Osigbesan v Lord Chancellor's Department and others [1996] UKEAT 922_95_2601
26 Jan 1996
EAT

Employment

[ Bailii ]
 
B P S International Plc v Taylor [1996] UKEAT 474_95_2601
26 Jan 1996
EAT

Employment

[ Bailii ]
 
Patel v West Yorkshire Racial Equality Council [1996] UKEAT 833_95_2601
26 Jan 1996
EAT

Employment

[ Bailii ]
 
Wright v British Telecom Plc [1996] UKEAT 961_95_2601
26 Jan 1996
EAT

Employment

[ Bailii ]
 
Clark v M K Electric Ltd [1996] UKEAT 1155_94_2601
26 Jan 1996
EAT

Employment

[ Bailii ]
 
Britannia Building Society v Griffiths [1996] UKEAT 493_95_2601
26 Jan 1996
EAT

Employment

1 Cites

[ Bailii ]
 
London Borough of Lambeth v Rose [1996] UKEAT 141_95_2901
29 Jan 1996
EAT

Employment

[ Bailii ]
 
Marian Nursing Home v Shun [1996] UKEAT 1034_95_2901
29 Jan 1996
EAT

Employment

[ Bailii ]

 
 Barber v Staffordshire County Council; CA 29-Jan-1996 - Gazette, 14 February 1996; Independent, 02 February 1996; Times, 29 January 1996; [1996] ICR 379; [1996] IRLR 229
 
Biggs v Somerset County Council Gazette, 14 February 1996; Independent, 01 February 1996; Times, 29 January 1996; [1996] IRLR 203; [1996] ICR 364
29 Jan 1996
CA
Neil LJ
Employment
The employee at the time of her dismissal was expressly debarred by statute from bringing her complaint of unfair dismissal because she was a part-time employee. It was only many years later the statute was held to impugn EU law and had done so retrospectively. Held. Despite the fact that the Claimant could not have known at the time she was dismissed that she had a legal right to bring a complaint, she could in theory have brought a complaint arguing that the statute which disbarred her infringed Article 119. Had she done so she would have been correct in her assertions. Her ignorance of the law was not a factor she was permitted to rely on. The Court held that the expression 'reasonable practicable' was directed to difficulties faced by an individual Claimant, whereas the Applicant's mistake as to her rights were was a mistake of law and that it would be contrary to the principle of legal certainty to allow past transactions to be reopened and limitation periods to be circumvented because the existing law at the relevant time had not then been fully explained or fully understood. Accordingly it had been reasonably practicable for the Applicant to present a claim within the prescribed time, and that, taking into account all the circumstances in order to achieve a fair balance, her claim would not have been presented within a reasonable period.
Neil LJ said: "The fact that after 1 January 1973 Acts of Parliament and other United Kingdom legislation might have to yield to provisions determined by a different and superior system of law was, I suspect, fully appreciated only by a comparatively small number of people. . But in my view it would be contrary to the principle of legal certainty to allow past transactions to be re-opened and limitation periods to be circumvented because the existing law at the relevant time had not yet been explained or had not been fully understood."
1 Cites

1 Citers


 
Oakes v Network Systems (Ec) Ltd [1996] UKEAT 1021_95_2901
29 Jan 1996
EAT

Employment

[ Bailii ]
 
Meiehofer v Journeys Friend Ltd and Another [1996] UKEAT 1372_95_2901
29 Jan 1996
EAT

Employment

[ Bailii ]
 
Kwik Save Group Ltd v Clewes [1996] UKEAT 359_95_3001
30 Jan 1996
EAT

Employment

[ Bailii ]
 
Camden and Islington Community Services NHS Trust v Kennedy [1996] UKEAT 1048_95_3001
30 Jan 1996
EAT

Employment

1 Citers

[ Bailii ]
 
Obasa v London Underground Ltd [1996] UKEAT 947_95_3001
30 Jan 1996
EAT

Employment

[ Bailii ]
 
O'Kane v Enfield and St Albans Co-Op [1996] UKEAT 1181_94_3001
30 Jan 1996
EAT

Employment

[ Bailii ]
 
Focsa Services (UK) Ltd v Birkett Gazette, 10 July 1996; (1996) IRLR 325; [1996] UKEAT 826_95_3001
30 Jan 1996
EAT
Clark J
Employment, Damages
An IT was wrong to calculate damages for breach of contract as if it was a finding of unfair dismissal.
Clark J said: "The fallacy in our judgment, in the chairman's reasoning is to disregard the normal common law rules as to loss in cases of wrongful dismissal. That loss is limited to the sums payable to the employee had the employment been lawfully terminated under the contract. Once a dismissal has taken place, as was accepted and found in this case, it is irrelevant to consider what might have happened had a contractual disciplinary procedure been followed. An employer is entitled to dismiss on contractual notice at common law for whatever reason.
The fact is that Mr Birkett was dismissed. In so far as he did not receive his full notice, he is generally entitled to damages to reflect the pay during the notice period and no more. The only exception is where employment would have been extended by operating the disciplinary procedure: Boyo v London Borough of Lambeth [1995] IRLR 50; Gunton v London Borough of Richmond-upon-Thames [1980] IRLR 321 . ."
1 Citers

[ Bailii ]
 
Goddard v Specialised Vehicle Options Ltd and Another [1996] UKEAT 780_95_3101
31 Jan 1996
EAT

Employment

[ Bailii ]

 
 London Borough of Newham v Newham College of Further Education and others; EAT 31-Jan-1996 - [1996] UKEAT 876_95_3101
 
Coomer v Artix Ltd [1996] UKEAT 1006_94_3101
31 Jan 1996
EAT

Employment

[ Bailii ]
 
Puntis v Isambard Brunel Jnr School [1996] UKEAT 1001_95_3101
31 Jan 1996
EAT

Employment

[ Bailii ]
 
Pritchard v Hamer [1996] UKEAT 27_95_3101
31 Jan 1996
EAT

Employment

[ Bailii ]
 
Mustafa and others v Heydemann Shaw [1996] UKEAT 40_95_0102
1 Feb 1996
EAT

Employment

[ Bailii ]
 
Maidstone Borough Council v Christian [1996] UKEAT 1069_95_0102
1 Feb 1996
EAT

Employment

[ Bailii ]
 
Wilson v Polished Metal Products Ltd [1996] UKEAT 1028_93_0202
2 Feb 1996
EAT

Employment

[ Bailii ]
 
North Yorkshire County Council and Another v Laws [1996] UKEAT 1376_95_0202
2 Feb 1996
EAT

Employment

[ Bailii ]
 
Petruzziello v Richmond, Twickenham and Roehampton Healthcare [1996] UKEAT 526_95_0202
2 Feb 1996
EAT

Employment

[ Bailii ]
 
Williams v Doncaster Metropolitan Borough Council [1996] UKEAT 896_95_0202
2 Feb 1996
EAT

Employment

[ Bailii ]
 
Mitten and Os v London Borough of Bexley [1996] UKEAT 900_95_0202
2 Feb 1996
EAT

Employment

[ Bailii ]
 
Mann v Blenheim Group Plc [1996] UKEAT 1062_94_0202
2 Feb 1996
EAT

Employment

[ Bailii ]
 
Harris v Bulmas Plastics Ltd and Another [1996] UKEAT 418_95_0502
5 Feb 1996
EAT

Employment

[ Bailii ]
 
Christopher Lunn and Co v Blake [1996] UKEAT 439_93_0502
5 Feb 1996
EAT

Employment

[ Bailii ]
 
Alcan Extrusions v Yates and others [1996] UKEAT 980_95_0502; [1996] IRLR 327
5 Feb 1996
EAT
C Smith QC
Employment
The employers appealed against a decision that it had constructively dismissed the respondents by substantially changing their employment terms. Held. The tribunal approved the chairman's statement that "the applicants' former contracts of employment providing for employment in jobs with a steady and predictable pattern of shift employment were removed from them and replaced by an altogether more demanding and previously uncontemplated regime of rolling shift pattern work which the applicants were certainly not obliged to undertake by their contracts of employment." That was a finding of fact and was justified on the evidence: "it is neither practicable nor appropriate to lay down any hard and fast rule as to when such conduct on the part of an employer will have such an effect and when it will not, provided that the principle is understood, namely, that the conduct must amount to the withdrawal or removal of the old contract."
Employment Protection (Consolidation) Act 1978 55(2)
1 Cites

[ Bailii ]
 
Rees v Apollo Watch Repairs Plc Times, 26 February 1996; [1996] UKEAT 23_93_0502
5 Feb 1996
EAT

Discrimination, Employment
Dismissal of employee after a maternity replacement worker was found to be more efficient was discriminatory
Sex Discrimination Act 1975
[ Bailii ]
 
Busaidy v P F A (Ulair) Ltd [1996] UKEAT 464_95_0602
6 Feb 1996
EAT

Employment

[ Bailii ]
 
Brophy Plc v Poole and 4 Ors [1996] UKEAT 133_95_0602
6 Feb 1996
EAT

Employment

[ Bailii ]
 
BPC Security Documents (Leeds) Ltd [1996] UKEAT 475_95_0602
6 Feb 1996
EAT

Employment

[ Bailii ]
 
Bomford Turner Ltd v Cutler [1996] UKEAT 936_95_0602
6 Feb 1996
EAT

Employment

[ Bailii ]
 
Hudson v Addington Churches Housing Association Ltd [1996] UKEAT 1070_95_0602
6 Feb 1996
EAT

Employment

[ Bailii ]
 
Thomson Tour Operations v Cookson and others [1996] UKEAT 586_95_0602
6 Feb 1996
EAT

Employment

[ Bailii ]
 
Cherrie v Lewis Group [1996] UKEAT 1197_95_0702
7 Feb 1996
EAT

Employment

[ Bailii ]
 
Hull and others v Hoesch Woodhead Ltd [1996] UKEAT 688_94_0702
7 Feb 1996
EAT

Employment

[ Bailii ]
 
Fleetwood Sports Development Ltd (T/A Fleetwood Football Club) v Layton [1996] UKEAT 1230_94_0702
7 Feb 1996
EAT

Employment

[ Bailii ]
 
Beale v Variety Floors Group [1996] UKEAT 863_95_0702
7 Feb 1996
EAT

Employment

1 Cites

1 Citers

[ Bailii ]
 
Jones v Secretary of State for Employment [1996] UKEAT 439_95_0702
7 Feb 1996
EAT

Employment

[ Bailii ]
 
Touchstone Productions Ltd v Patrick [1996] UKEAT 1216_95_0702
7 Feb 1996
EAT

Employment

[ Bailii ]
 
Hardy v TSB Bank Plc [1996] UKEAT 520_95_0702
7 Feb 1996
EAT

Employment

[ Bailii ]
 
Pall v Bentalls Plc [1996] UKEAT 342_95_0802
8 Feb 1996
EAT

Employment

[ Bailii ]
 
Tetley Pub Company Ltd v Bowey [1996] UKEAT 1210_94_0802
8 Feb 1996
EAT

Employment

[ Bailii ]
 
Thorn (Uk) Ltd v Little [1996] UKEAT 455_95_0802
8 Feb 1996
EAT

Employment

[ Bailii ]
 
Carter (T/A Hair Charm) v Christie and Another [1996] UKEAT 1073_94_0802
8 Feb 1996
EAT

Employment

[ Bailii ]
 
Wright v Southampton City Council [1996] UKEAT 449_95_0902
9 Feb 1996
EAT

Employment

[ Bailii ]
 
Steward v Stewart [1996] UKEAT 1120_94_0902
9 Feb 1996
EAT

Employment

[ Bailii ]
 
O'Leary v Perkins Engines Ltd [1996] UKEAT 1055_95_0902
9 Feb 1996
EAT

Employment

[ Bailii ]
 
Wadham Kenning Motor Group Ltd v Wells [1996] UKEAT 1048_95_0902
9 Feb 1996
EAT

Employment

[ Bailii ]
 
Reeve v Agricultural and Food Research Council [1996] UKEAT 547_95_0902
9 Feb 1996
EAT

Employment

1 Cites

[ Bailii ]
 
Rsd Technology Ltd v Dawson [1996] UKEAT 608_94_0902
9 Feb 1996
EAT

Employment

[ Bailii ]
 
Philip Hodges and Co v Crush [1996] UKEAT 1061_95_1202
12 Feb 1996
EAT

Employment

[ Bailii ]
 
Marston v Thomson [1996] UKEAT 872_95_1202
12 Feb 1996
EAT

Employment

[ Bailii ]
 
Metrobus Ltd v Hillman [1996] UKEAT 371_95_1202
12 Feb 1996
EAT

Employment

1 Cites

1 Citers

[ Bailii ]
 
Ladbroke Racing Ltd v Holding [1996] UKEAT 572_95_1202
12 Feb 1996
EAT

Employment

[ Bailii ]
 
Grimwood v Secretary of State for Employment [1996] UKEAT 375_95_1202
12 Feb 1996
EAT

Employment

[ Bailii ]
 
Syms and Another v Provident Personal Credit Ltd [1996] UKEAT 1238_95_1202
12 Feb 1996
EAT

Employment

[ Bailii ]
 
Scottish and Newcastle Retail Ltd v Murphy [1996] UKEAT 1343_94_1302
13 Feb 1996
EAT

Employment

[ Bailii ]
 
Ministry of Defence v Nathan Times, 13 February 1996
13 Feb 1996
EAT

Employment
Damages based on 100% chance of completing rest of career were far too high.

 
Graham Tatford and Co Ltd v Young [1996] UKEAT 753_95_1302
13 Feb 1996
EAT

Employment

[ Bailii ]
 
Potato Marketing Board v Harris [1996] UKEAT 592_95_1302
13 Feb 1996
EAT
Clark HHJ
Employment

Employment Protection (Consolidation) Act 1978
[ Bailii ]
 
London Borough of Southwark v Savona [1996] UKEAT 1009_95_1302
13 Feb 1996
EAT

Employment

[ Bailii ]
 
Summerfield Group Ltd v Lee [1996] UKEAT 1077_95_1302
13 Feb 1996
EAT

Employment

[ Bailii ]
 
Akzo Coatings Plc v Thompson and others [1996] UKEAT 1117_94_1402
14 Feb 1996
EAT

Employment

1 Cites

[ Bailii ]
 
A E Reynolds Ltd v Hodge [1996] UKEAT 975_95_1402
14 Feb 1996
EAT

Employment

[ Bailii ]
 
Young v Croydon Electrical Ltd (T/A C E L Wholesale) [1996] UKEAT 109_95_1402
14 Feb 1996
EAT

Employment

[ Bailii ]
 
Kleinwort Benson Ltd v Locke [1996] UKEAT 284_94_1402
14 Feb 1996
EAT

Employment

[ Bailii ]
 
Apa International Ltd v Beechey and others [1996] UKEAT 1014_95_1402
14 Feb 1996
EAT

Employment

[ Bailii ]
 
Regina v Secretary of State for the Home Department Ex Parte National Association of Probation Officers Independent, 15 February 1996
15 Feb 1996
QBD

Employment
The Home Secretary's employment of probation officers without social work qualifications, was not unreasonable or in breach of any agreement.

 
Smith and Another v Maidstone Hospital's Staff Social Club [1996] UKEAT 874_95_1502
15 Feb 1996
EAT

Employment

[ Bailii ]
 
J O'Brien v Doncaster Metropolitan Borough Council [1996] UKEAT 1306_95_1502
15 Feb 1996
EAT

Employment

[ Bailii ]
 
Homan v A I Bacon Co Ltd [1996] UKEAT 1154_94_1502
15 Feb 1996
EAT

Employment

[ Bailii ]
 
Raleigh Industries Ltd v Lachhar [1996] UKEAT 1052_95_1502
15 Feb 1996
EAT

Employment

[ Bailii ]
 
Westmacott v London Borough of Camden [1996] UKEAT 1117_95_1502
15 Feb 1996
EAT

Employment

[ Bailii ]
 
Securicor Guarding Ltd v Fraser Security Services Ltd and others [1996] UKEAT 350_95_1602
16 Feb 1996
EAT

Employment

[ Bailii ]
 
Miceli v Signal House Ltd [1996] UKEAT 180_95_1602
16 Feb 1996
EAT

Employment

[ Bailii ]
 
Sportsmans Travel Ltd v Brooks [1996] UKEAT 1127_95_1602
16 Feb 1996
EAT

Employment

[ Bailii ]
 
HM Prison Services and others v Johnson [1996] UKEAT 1033_95_1902
19 Feb 1996
EAT

Employment

1 Citers

[ Bailii ]
 
Pye and others v British Coal Corporation [1996] UKEAT 126_95_1902
19 Feb 1996
EAT

Employment

1 Cites

[ Bailii ]
 
Premier House v Blackett [1996] UKEAT 672_95_1902
19 Feb 1996
EAT

Employment

[ Bailii ]
 
Grogan v Robin Meredith Plant Hire Ltd Times, 20 February 1996
20 Feb 1996
CA

Contract, Employment
An employee becoming required to sign an administrative document, a time sheet did not amount to a variation of the contract of employment.

 
Debbage and Tubby Ltd v Jones [1996] UKEAT 599_95_2002
20 Feb 1996
EAT

Employment

[ Bailii ]
 
Richards and others v Reliance Security Systems Ltd and Another [1996] UKEAT 1118_94_2002
20 Feb 1996
EAT

Employment

[ Bailii ]
 
Green v HM Prison Service [1996] UKEAT 1095_95_2002
20 Feb 1996
EAT

Employment

[ Bailii ]
 
Inpholink Ltd v Dawson [1996] UKEAT 722_95_2002
20 Feb 1996
EAT

Employment

[ Bailii ]
 
Serv (UK) Ltd v Evans [1996] UKEAT 812_95_2002
20 Feb 1996
EAT
Pugsley HHJ
Employment

[ Bailii ]
 
Orac Information Systems Ltd v Meehan [1996] UKEAT 1219_95_2102
21 Feb 1996
EAT

Employment

[ Bailii ]
 
Hendricks v Lewden Metal Products Ltd [1996] UKEAT 1181_95_2102
21 Feb 1996
EAT

Employment

[ Bailii ]
 
Gossiel v Sheffield City Council [1996] UKEAT 1186_95_2102
21 Feb 1996
EAT

Employment

[ Bailii ]
 
Adams and others v Suffolk County Council [1996] UKEAT 638_95_2102
21 Feb 1996
EAT

Employment

[ Bailii ]
 
Leitch v John Ellam Pictures Ltd [1996] UKEAT 844_95_2102
21 Feb 1996
EAT

Employment

[ Bailii ]
 
Evans v Town and Country (Libertys) Plc [1996] UKEAT 897_94_2202
22 Feb 1996
EAT

Employment

[ Bailii ]
 
Lewis v The Post Office [1996] UKEAT 360_95_2202
22 Feb 1996
EAT

Employment

[ Bailii ]
 
Nazareth v Marley Automotive Components Ltd [1996] UKEAT 254_95_2202
22 Feb 1996
EAT

Employment

[ Bailii ]
 
Mennell v Newell and Wright (Transport Contractors) Ltd [1996] UKEAT 689_95_2202
22 Feb 1996
EAT

Employment

[ Bailii ]
 
Euroskill Resource Ltd v Nellins [1996] UKEAT 1123_95_2302
23 Feb 1996
EAT

Employment

[ Bailii ]
 
Knell v Pre-Star Ltd [1996] UKEAT 1122_95_2302
23 Feb 1996
EAT

Employment

[ Bailii ]
 
Moloney v North West London Mental Health (Nhs) Trust [1996] UKEAT 797_95_2302
23 Feb 1996
EAT

Employment

[ Bailii ]
 
Mahmood v Yorkshire Rider Ltd [1996] UKEAT 1144_95_2302
23 Feb 1996
EAT

Employment

[ Bailii ]
 
Leggott v Trafalgar House Services Ltd [1996] UKEAT 1051_95_2702
27 Feb 1996
EAT

Employment

[ Bailii ]
 
London Borough of Camden v Edwards [1996] UKEAT 328_95_2702
27 Feb 1996
EAT

Employment

[ Bailii ]
 
Medley v J Sainsbury Plc [1996] UKEAT 311_95_2702
27 Feb 1996
EAT

Employment

[ Bailii ]
 
Meme v Lloyds Bank Plc [1996] UKEAT 600_95_2702
27 Feb 1996
EAT

Employment

[ Bailii ]
 
Corporate Services Group Plc v Marvin and Another [1996] UKEAT 72_97_2702
27 Feb 1996
EAT

Employment

[ Bailii ]
 
Bhandari (T/A) W B Wholesale and Co Ltd) v Lalwani [1996] UKEAT 1222_95_2702
27 Feb 1996
EAT

Employment

[ Bailii ]
 
Wade v Payne [1996] UKEAT 1159_95_2802
28 Feb 1996
EAT

Employment

[ Bailii ]
 
Perera v White and Another [1996] UKEAT 377_93_2802
28 Feb 1996
EAT

Employment

1 Citers

[ Bailii ]
 
Ministry of Defence v Joslyn and others [1996] UKEAT 533_95_2802
28 Feb 1996
EAT

Employment

[ Bailii ]
 
Kara v London Borough of Hackney [1996] UKEAT 325_95_2802
28 Feb 1996
EAT

Employment

[ Bailii ]
 
Cray Systems Ltd v White [1996] UKEAT 391_95_2802
28 Feb 1996
EAT

Employment

[ Bailii ]
 
Colchester Borough Transport Ltd v Caryer and others [1996] UKEAT 348_95_2802
28 Feb 1996
EAT

Employment

[ Bailii ]
 
R G Carter Harleston Ltd v Jarvis and others [1996] UKEAT 756_95_2802
28 Feb 1996
EAT

Employment

[ Bailii ]
 
Sirdaw v London Borough of Hackney [1996] UKEAT 635_93_2902
29 Feb 1996
EAT

Employment

[ Bailii ]
 
Fawn v Devon County Council [1996] UKEAT 316_95_2902
29 Feb 1996
EAT

Employment

[ Bailii ]
 
East Suffolk Local Health Services NHS Trust v Palmer [1996] UKEAT 948_95_2902
29 Feb 1996
EAT

Employment

[ Bailii ]
 
Ekwuru v London General Bus Company [1996] UKEAT 818_95_2902
29 Feb 1996
EAT

Employment

[ Bailii ]
 
Cornwall and others v Eclipse (Uk) Ltd [1996] UKEAT 1294_95_2902
29 Feb 1996
EAT

Employment

[ Bailii ]
 
Parmar v Harris and Another [1996] UKEAT 428_95_0103
1 Mar 1996
EAT

Employment

[ Bailii ]
 
Smith v Laing- GTM [1996] UKEAT 1205_95_0103
1 Mar 1996
EAT

Employment

[ Bailii ]
 
Clark v Oxfordshire Health Authority [1996] UKEAT 1054_95_0403
4 Mar 1996
EAT

Employment

1 Citers

[ Bailii ]
 
Pfaffinger and Another v City of Liverpool Community College and Another [1996] UKEAT 423_95_0403
4 Mar 1996
EAT
Mummery P
Employment, Education
The EAT considered the status of part time lecturers of courses at colleges of higher education. They were employed on fixed term contracts for a term at a time. The court was asked whether, if a contract was not renewed, that amounted to a dismissal. Held: The employees' appeals succeeded. The claimants had each been dismissed, and had been so dismissed for redundancy. In the first case, the claimant continued work for the defendant after the nominal expiry of her employment contract so as to help prepare for the next academic year. The effect of Ford was that a teacher employed in successive years under fixed term contracts, with periods of unemployment during vacations, has continuous employment for the purposes of claiming unfair dismissal and redundancy payments.
Employment Protection (Consolidation) Act 1978 Sch 13 para 9(1)
1 Cites

[ Bailii ]
 
Piers Cars Ltd v O'Donnell [1996] UKEAT 837_95_0403
4 Mar 1996
EAT

Employment

[ Bailii ]
 
Guildford Construction (York) Ltd v Holgate [1996] UKEAT 1063_95_0503
5 Mar 1996
EAT

Employment

[ Bailii ]

 
 Barker and others v Shahrokni; EAT 5-Mar-1996 - [1996] UKEAT 89_95_0503
 
Williamson v Mesh Computers Plc [1996] UKEAT 1378_95_0503
5 Mar 1996
EAT

Employment

[ Bailii ]
 
Carr v John Henry Newman School [1996] UKEAT 424_95_0503
5 Mar 1996
EAT

Employment

[ Bailii ]
 
Rowden v Secretary of State for Trade and Industry [1996] UKEAT 1228_95_0603
6 Mar 1996
EAT

Employment

[ Bailii ]
 
Reynolds v Cornwall County Council [1996] UKEAT 1189_95_0603
6 Mar 1996
EAT

Employment

[ Bailii ]
 
Greenwood v Haji and others [1996] UKEAT 1255_95_0603
6 Mar 1996
EAT

Employment

[ Bailii ]
 
Nicholson v DFDS Ltd [1996] UKEAT 476_95_0703
7 Mar 1996
EAT

Employment

[ Bailii ]
 
Ravenfield Designs Ltd v Cheetham [1996] UKEAT 587_95_0703
7 Mar 1996
EAT

Employment

[ Bailii ]
 
Merckx and Neuhuys v Ford Motors Company Belgium (Rec 1996,p I-1253) (Judgment) C-171/94; [1996] EUECJ C-171/94; [1996] IRLR 467
7 Mar 1996
ECJ

European, Employment
Salesmen were transferred to a new dealership at a different workplace without any guarantee as to client base or sales figures, so that there was potential for an adverse impact on commission. Held. All these components were "working conditions". The change was substantial because it was a change in remuneration.
Council Directive 77/187/EEC of 14 February 1977
1 Citers

[ Bailii ]
 
United Automobile Services Ltd v Turnbull and Another [1996] UKEAT 749_94_0803
8 Mar 1996
EAT

Employment

[ Bailii ]
 
Speciality Care Plc v Pachela and Another [1996] UKEAT 937_94_0803
8 Mar 1996
EAT

Employment

1 Cites

[ Bailii ]
 
Meade and Another v British Fuels Ltd [1996] UKEAT 652_95_1103
11 Mar 1996
EAT

Employment

1 Citers

[ Bailii ]
 
Gooch v Whitbread Medway Inns [1996] UKEAT 706_95_1103
11 Mar 1996
EAT

Employment

[ Bailii ]
 
Murray v British Broadcasting Corporation [1996] UKEAT 560_95_1203
12 Mar 1996
EAT

Employment

[ Bailii ]
 
Boxall v Southside Rehabilitation Association Ltd [1996] UKEAT 1156_95_1303
13 Mar 1996
EAT

Employment

1 Citers

[ Bailii ]
 
Thomas v London Borough of Hackney [1996] UKEAT 461_95_1303
13 Mar 1996
EAT

Employment

[ Bailii ]
 
Thrislington Engineering Co Ltd v Lowerson [1996] UKEAT 1210_95_1303
13 Mar 1996
EAT

Employment

[ Bailii ]
 
Duratube Ltd v Bhatti and others [1996] UKEAT 218_95_1503
15 Mar 1996
EAT

Employment

[ Bailii ]
 
Gpt Ltd v Johnson [1996] UKEAT 570_95_1503
15 Mar 1996
EAT

Employment

[ Bailii ]
 
Smith v Riverside Health Authority [1996] UKEAT 175_95_1803
18 Mar 1996
EAT

Employment

[ Bailii ]
 
Perera v White and Another [1996] UKEAT 377_93_1803
18 Mar 1996
EAT

Employment

1 Cites

[ Bailii ]
 
Partington (T/A Paws and Purrs) v Ross [1996] UKEAT 1317_95_1803
18 Mar 1996
EAT

Employment

[ Bailii ]
 
D v M Times, 18 March 1996; [1996] IRLR 192
18 Mar 1996
QBD
Laws J
Employment
A post employment restrictive covenant was unreasonable where an employee was restricted even after the wrongful termination of his employment by the company. Laws J set out the appropriate principle: "A restrictive covenant, having effect after the termination of a contract of service or for services, which on its face applies to the employer's benefit even where the termination has been induced by his own breach is necessarily unreasonable. Such a provision, if given effect, would constitute an evasion of the rule in General Billposting [1909] AC 118. Indeed, so far as I can see, the only purpose of inserting the material words ('for whatever reason' or 'whether lawful or unlawful' or however otherwise it might be expressed) would be to secure coercive rights to the employer which would survive his own contractual misconduct. I cannot think that that would be reasonable."
1 Citers


 
Wills v London Guildhall University [1996] UKEAT 1252_95_1803
18 Mar 1996
EAT

Employment

[ Bailii ]
 
Thomas v the National Training Partnership Ltd [1996] UKEAT 1126_95_1803
18 Mar 1996
EAT

Employment

[ Bailii ]
 
Wright v The Snack Factory [1996] UKEAT 1103_95_1903
19 Mar 1996
EAT

Employment

[ Bailii ]
 
Hoy and Another v Miller Civil Engineering Ltd [1996] UKEAT 1002_95_1903
19 Mar 1996
EAT

Employment

[ Bailii ]
 
Danowski and Another v The Henry Moore Foundation and Another Times, 19 March 1996
19 Mar 1996
CA

Employment, Intellectual Property
The 'artists copy' convention was displaced by an explicit term in the commissioning agreement giving the ownership to company.

 
Roberts v Liverpool Women's Hospital NHS Trust [1996] UKEAT 199_95_1903
19 Mar 1996
EAT

Employment

[ Bailii ]
 
Mars (Uk) Ltd v Hughes [1996] UKEAT 1190_95_1903
19 Mar 1996
EAT

Employment

[ Bailii ]
 
Brooks v Delta Crompton Cables Ltd [1996] UKEAT 1350_95_1903
19 Mar 1996
EAT

Employment

[ Bailii ]
 
Mccleary v Mckeag and Company [1996] UKEAT 1163_95_2003
20 Mar 1996
EAT

Employment

[ Bailii ]
 
Fielding v Thompson May Ltd [1996] UKEAT 992_95_2003
20 Mar 1996
EAT

Employment

[ Bailii ]
 
Merkx and Another v Ford Motors Co Belgium Sa Times, 21 March 1996
21 Mar 1996
ECJ

Employment, European
A transfer of an exclusive dealership contract but without transfer of any physical assets could still be a transfer of an undertaking within the meaning of the regulations.
Transfer of Undertakings (Protection of Employment) Regulations 1981 (1981 No 1794)

 
Humphrey and Stretton Ltd v Payne [1996] UKEAT 480_95_2103
21 Mar 1996
EAT

Employment

[ Bailii ]
 
Ganaeshalingham v Prime Garages Ltd [1996] UKEAT 1115_95_2103
21 Mar 1996
EAT

Employment

[ Bailii ]
 
London Borough of Tower Hamlets v Miller [1996] UKEAT 316_94_2203
22 Mar 1996
EAT

Employment

[ Bailii ]
 
Speciality Care Plc v Pachela and Another Times, 22 March 1996
22 Mar 1996
EAT

Employment
Industrial Tribunals should state facts as found and relied on, when making finding of dismissal for trade union membership.
Trade Union and Labour Relations (Consolidation) Act 1992 152(1)(a)

 
Pearl Assurance Plc v Parker [1996] UKEAT 970_95_2203
22 Mar 1996
EAT

Employment

[ Bailii ]
 
St George's NHS Healthcare Trust v Mendis and others [1996] UKEAT 1003_95_2503
25 Mar 1996
EAT

Employment

[ Bailii ]
 
Clark v Royal Overseas League [1996] UKEAT 1320_95_2503
25 Mar 1996
EAT

Employment

[ Bailii ]
 
International Language Institute Ltd and Another v Thiagarajan [1996] UKEAT 152_95_2503
25 Mar 1996
EAT

Employment

[ Bailii ]
 
Alves v Difato (T/A Piccolo Bar) [1996] UKEAT 1100_95_2503
25 Mar 1996
EAT

Employment

[ Bailii ]
 
Marks and Spencer Plc v Martins [1996] UKEAT 745_95_2603
26 Mar 1996
EAT

Employment

[ Bailii ]
 
Lyritzis v Inmarsat [1996] UKEAT 939_95_2603
26 Mar 1996
EAT

Employment

[ Bailii ]
 
Brown v Astra Training Services Ltd [1996] UKEAT 803_95_2603
26 Mar 1996
EAT

Employment

[ Bailii ]
 
Farrant v the Woodroffe School [1996] UKEAT 377_95_2603
26 Mar 1996
EAT

Employment

[ Bailii ]
 
Singh v The Post Office [1996] UKEAT 805_95_2603
26 Mar 1996
EAT

Employment

[ Bailii ]
 
Charlton v The First National Bank of Chicago [1996] UKEAT 637_95_2703
27 Mar 1996
EAT

Employment

[ Bailii ]
 
Chilton v Ashford Borough Council [1996] UKEAT 1222_95_2703
27 Mar 1996
EAT

Employment

[ Bailii ]
 
Vicat v Burton Retail Plc [1996] UKEAT 457_95_2703
27 Mar 1996
EAT

Employment

[ Bailii ]
 
Bharadia v Post Office Counters Ltd [1996] UKEAT 1218_95_2703
27 Mar 1996
EAT

Employment

[ Bailii ]
 
Lopez v Army and Navy Club [1996] UKEAT 1000_95_2703
27 Mar 1996
EAT

Employment

[ Bailii ]
 
Deans and Another v Spells and others [1996] UKEAT 726_95_2803
28 Mar 1996
EAT

Employment

[ Bailii ]
 
Oliver v the Bank of England [1996] UKEAT 1232_95_2903
29 Mar 1996
EAT

Employment

[ Bailii ]
 
Sterling Granada Contract Services Ltd v Hodgkinson [1996] UKEAT 894_95_2903
29 Mar 1996
EAT

Employment

1 Cites

[ Bailii ]
 
James v the Bank of England [1996] UKEAT 1312_95_2903
29 Mar 1996
EAT

Employment

[ Bailii ]
 
Raven v the Post Office [1996] UKEAT 629_95_0104
1 Apr 1996
EAT

Employment

[ Bailii ]
 
Henry v Sargent and others [1996] UKEAT 736_95_0104
1 Apr 1996
EAT

Employment

[ Bailii ]
 
Diocese of Hallam Trustee v Connaughton [1996] UKEAT 1128_95_0104
1 Apr 1996
EAT

Employment

[ Bailii ]
 
Crowther v British Railways Board [1996] UKEAT 762_95_0304
3 Apr 1996
EAT

Employment

[ Bailii ]
 
Post Office v Chapple and Another [1996] UKEAT 886_95_0304
3 Apr 1996
EAT

Employment

[ Bailii ]

 
 Diocese of Southwark and Others v Coker; EAT 4-Apr-1996 - [1995] UKEAT 374_95_0811

 
 Wilson and Others v St Helens Borough Council; EAT 10-Apr-1996 - Times, 10 April 1996; [1996] UKEAT 641_95_1602; [1996] IRLR 320
 
West Hertfordshire Crematorium Joint Committee v Boswell and others [1996] UKEAT 1256_95_1604
16 Apr 1996
EAT

Employment

[ Bailii ]
 
Johns v Bourne Leisure Group Ltd [1996] UKEAT 326_95_1704
17 Apr 1996
EAT

Employment

[ Bailii ]
 
Redwing Computer Services Ltd v Larkman [1996] UKEAT 1165_95_1704
17 Apr 1996
EAT

Employment

[ Bailii ]
 
Shearman v Bce Cellular Extrusions Ltd [1996] UKEAT 1215_95_1704
17 Apr 1996
EAT

Employment

[ Bailii ]
 
London Borough of Southwark v O'Brien [1996] UKEAT 1236_94_1804
18 Apr 1996
EAT

Employment

[ Bailii ]
 
Vaux Breweries Ltd v Tutty and others [1996] UKEAT 33_95_1804
18 Apr 1996
EAT

Employment

[ Bailii ]
 
Ford Motor Co Ltd v Shah and others [1996] UKEAT 530_95_1904
19 Apr 1996
EAT

Employment

[ Bailii ]
 
Mcguigan v Oddbins Ltd [1996] UKEAT 1333_95_1904
19 Apr 1996
EAT

Employment

[ Bailii ]
 
Riaz v the Trustees of the Gmb [1996] UKEAT 724_95_1904
19 Apr 1996
EAT

Employment

[ Bailii ]
 
Astles v A G Stanley Ltd [1996] UKEAT 1275_95_1904
19 Apr 1996
EAT

Employment

[ Bailii ]
 
Brown and Root Ealing Technical Services Ltd v Adekunle [1996] UKEAT 1258_95_2204
22 Apr 1996
EAT

Employment

[ Bailii ]
 
Bham v Cfm Group Ltd [1996] UKEAT 1254_95_2204
22 Apr 1996
EAT

Employment

[ Bailii ]
 
Horst and others v High Table Ltd [1996] UKEAT 1252_94_2305
23 Apr 1996
EAT

Employment

1 Cites

1 Citers

[ Bailii ]
 
Westley v Sebbco Capital Markets Ltd [1996] UKEAT 1169_95_2304
23 Apr 1996
EAT

Employment

[ Bailii ]
 
Attorney General v Blake Times, 23 April 1996; [1997] Ch 84
23 Apr 1996
ChD
Sir Richard Scott VC
Employment, Media
The Crown claimed that in writing a book and authorising its publication, Blake, a former security services employee, was in breach of fiduciary duties he owed to the Crown. Held: Blake was not to be prevented from earning money from the writing of a book. Former members of the intelligence and security services owed a lifelong duty of non-disclosure in respect of secret and confidential information. But the law did not impose a duty which went beyond this.
1 Citers


 
Groucott v GKN Sankey Ltd [1996] UKEAT 864_95_2304
23 Apr 1996
EAT

Employment

[ Bailii ]
 
Minehead Royal British Legion Club Ltd v Gunter [1996] UKEAT 84_94_2404
24 Apr 1996
EAT

Employment

[ Bailii ]
 
Worrollo v Secretary of State for Defence [1996] UKEAT 1272_95_2404
24 Apr 1996
EAT

Employment

[ Bailii ]
 
Ibekwe v London Regional Transport [1996] UKEAT 1247_95_2404
24 Apr 1996
EAT

Employment

[ Bailii ]
 
Hussain v Elonex Plc [1996] UKEAT 80_95_2504
25 Apr 1996
EAT

Employment

1 Citers

[ Bailii ]
 
Carmichael and Another v National Power Plc [1996] UKEAT 1160_95_2504
25 Apr 1996
EAT

Employment

1 Citers

[ Bailii ]
 
Bowman v Sabre Airways Ltd [1996] UKEAT 1305_95_2504
25 Apr 1996
EAT

Employment

[ Bailii ]
 
Jagannath v Epsom Healthcare NHS Trust [1996] UKEAT 1005_95_2604
26 Apr 1996
EAT

Employment

[ Bailii ]
 
Mid Anglia Training v Harris [1996] UKEAT 1188_95_2604
26 Apr 1996
EAT

Employment

[ Bailii ]
 
Ministry of Defence v O'Hare [1996] UKEAT 1145_95_2604
26 Apr 1996
EAT

Employment

[ Bailii ]
 
Molnlycke Ltd v Hulatt [1996] UKEAT 485_95_2604
26 Apr 1996
EAT

Employment

[ Bailii ]
 
Neal v Dean [1996] UKEAT 1364_95_2604
26 Apr 1996
EAT

Employment

[ Bailii ]
 
Parker v Royal Borough of Kingston Upon Thames and Another [1996] UKEAT 1059_95_2604
26 Apr 1996
EAT

Employment

1 Cites

[ Bailii ]
 
Z v Special Hospitals Service Authority (Ashworth Hospital) [1996] UKEAT 1234_94_2604
26 Apr 1996
EAT

Employment

1 Cites

[ Bailii ]
 
Slade v Devon Co-Operative Development Agency Ltd [1996] UKEAT 1303_95_2904
29 Apr 1996
EAT

Employment

[ Bailii ]
 
Johnson v Wace Group Plc [1996] UKEAT 1365_95_2904
29 Apr 1996
EAT

Employment

[ Bailii ]
 
London Borough of Merton v Haycroft and Another [1996] UKEAT 686_95_2904
29 Apr 1996
EAT

Employment

[ Bailii ]
 
Duffy v Northumbria Police Authority [1996] UKEAT 1114_95_2904
29 Apr 1996
EAT

Employment

[ Bailii ]
 
Wentworth Computer Holdings Ltd v Deeny [1996] UKEAT 1038_95_3004
30 Apr 1996
EAT

Employment

[ Bailii ]
 
P v S and Cornwall County Council C-13/94; [1996] ICR 795; [1996] IRLR 347; [1996] EUECJ C-13/94
30 Apr 1996
ECJ

European, Employment, Discrimination
An employee at an educational establishment told management that he intended to undergo gender reassignment. He was given notice of dismissal. Held. The scope of the Directive was not confined to discrimination based on the fact that a person was of one or other sex but also extended to discrimination arising from the gender reassignment of a person. The Court stated: "Such discrimination is based, essentially if not exclusively, on the sex of the person concerned. Where a person is dismissed on the ground that he or she intends to undergo, or has undergone, gender reassignment, he or she is treated unfavourably by comparison with persons of the sex to which he or she was deemed to belong before undergoing gender reassignment. To tolerate such discrimination would be tantamount, as regards such a person, to a failure to respect the dignity and freedom to which he or she is entitled, and which the court has a duty to safeguard." The Advocate General described the applicant as female: "I do so regardless not only of her original sex (male) as it appears on her birth certificate but also of the moment at which, as a result of the final surgical operation, she actually changed her physical sex."
Council Directive 76/207/EEC
1 Citers

[ Bailii ]
 
Vinter v V D Bateman Ltd [1996] UKEAT 1330_95_3004
30 Apr 1996
EAT

Employment

[ Bailii ]
 
Butler v Granada Contract Services Ltd [1996] UKEAT 1134_95_3004
30 Apr 1996
EAT

Employment

[ Bailii ]
 
Hays Network Distribution v Window [1996] UKEAT 967_95_3004
30 Apr 1996
EAT

Employment

[ Bailii ]
 
R J Lampard and Co Ltd v Greenstock and others [1996] UKEAT 1216_95_3004
30 Apr 1996
EAT

Employment

[ Bailii ]
 
Wellcome Foundation v Darby and Another [1996] UKEAT 653_95_0105
1 May 1996
EAT

Employment

[ Bailii ]
 
Hussain v Birmingham City Council and others [1996] UKEAT 1377_95_0105
1 May 1996
EAT

Employment

[ Bailii ]
 
Indrayen v Shadowgrade Developments Ltd [1996] UKEAT 983_95_0105
1 May 1996
EAT

Employment

[ Bailii ]
 
Daisy Chain Nursery v Walsh [1996] UKEAT 1336_95_0105
1 May 1996
EAT

Employment

[ Bailii ]
 
London Borough of Camden v Fanawopo [1996] UKEAT 1022_95_0105
1 May 1996
EAT

Employment

[ Bailii ]
 
Hunt v Fospur Ltd [1996] UKEAT 847_95_0205
2 May 1996
EAT

Employment

[ Bailii ]
 
Plettell v Rolls-Royce Plc [1996] UKEAT 760_95_0205
2 May 1996
EAT

Employment

1 Citers

[ Bailii ]
 
Mennell v Newell and Wright (Transport Contractors) Ltd Times, 02 May 1996
2 May 1996
EAT

Employment
Threat of dismissal invalidated change of contract allowing deductions from wage.
Employment Protection (Consolidation) Act 1988 60A(2)
1 Cites

1 Citers


 
British Telecommunications Plc v Roberts and Another [1996] UKEAT 315_95_0205
2 May 1996
EAT

Employment

[ Bailii ]
 
Harold Supplies Plc v Jackson [1996] UKEAT 706_94_0205
2 May 1996
EAT

Employment

[ Bailii ]
 
B v A [1996] UKEAT 1142_94_0205
2 May 1996
EAT

Employment

[ Bailii ]
 
Arbuthnott v Mount Carmel School [1996] UKEAT 1379_95_0205
2 May 1996
EAT

Employment

[ Bailii ]
 
Selkent Bus Co Ltd v Moore [1996] IRLR 661; [1996] ICR 836; [1996] UKEAT 151_96_0205
2 May 1996
EAT
Mummery J P
Employment
The claimant had been summarily dismissed. His application at first made no mention of a complaint that it had related to his trades union activities. He wrote to the secretary seeking amendment of his claim to include a claim that his dismissal was automatically unfair by reason of those activities. By this time the three month limit had expired. The employer appealed the consent given. Held: The application to amend should not have been granted in this particular case. Though there was no express requirement for the Secretary to give notice to the other side before making such a decision, his discretion had to be exercised judicially, and natural justice would normally, but not always, require such a decision to be made only once both parties had had opportunity to make representations. As to the particular application, the tribunal should take into account all factors, including its nature, any time limits, and the precise circumstances in which the application was made. The tribunal would then have to balance the injustice and hardship on either side of making or refusing an application. In this case no explanation had been given for the omission, and leave should not have been granted.
Mummery J P said: "Whenever the discretion to grant an amendment is invoked, the tribunal should take into account all the circumstances and should balance the injustice and hardship of allowing the amendment against the injustice and hardship of refusing it." and "What are the relevant circumstances? It is impossible and undesirable to attempt to list them exhaustively, but the following are certainly relevant.
The nature of the amendment. Applications to amend are of many different kinds, ranging, on the one hand, from the correction of clerical and typing errors, the addition of factual details to existing allegations and the addition or substitution of other labels for facts already pleaded to, on the other hand, the making of entirely new factual allegations which change the basis of the existing claim. The tribunal have to decide whether the amendment sought is one of the minor matters or is a substantial alteration pleading a new cause of action.
(b) The applicability of time limits. If a new complaint or cause of action is proposed to be added by way of amendment, it is essential for the tribunal to consider whether that complaint is out of time and, if so, whether the time limit should be extended under the applicable statutory provisions, e.g., in the case of unfair dismissal, section 67 of the Employment Protection (Consolidation) Act 1978.
(c) The timing and manner of the application".
Industrial Tribunals (Constitution and Rules of Procedure) Regulations 1993
1 Citers

[ Bailii ]
 
Fernandes v Safeway Stores Plc [1996] UKEAT 179_95_0305
3 May 1996
EAT

Employment

[ Bailii ]
 
Fox v Bass Taverns Ltd (T/A Bass Taverns North West) [1996] UKEAT 1331_95_0305
3 May 1996
EAT

Employment

[ Bailii ]
 
Tattari v Private Patients Plan Ltd [1996] UKEAT 1075_95_0305
3 May 1996
EAT

Employment

[ Bailii ]
 
Cameron v Digital Equipment Co Ltd [1996] UKEAT 1238_94_0705
7 May 1996
EAT

Employment

[ Bailii ]
 
Choux v the Royal College of Veterinary Surgeons [1996] UKEAT 668_95_0705
7 May 1996
EAT

Employment

[ Bailii ]
 
Lalji v Vauxhall Motors Ltd [1996] UKEAT 1025_94_0705
7 May 1996
EAT

Employment

[ Bailii ]
 
Safeway Stores Plc v Hopper [1996] UKEAT 1065_94_0705
7 May 1996
EAT

Employment

[ Bailii ]
 
Adams and Others v British Airways Plc Times, 07 May 1996
7 May 1996
CA

Employment
The merger of the pilots' seniority lists on a company merger was not a breach of any employment contract term.
1 Cites


 
Milton Keynes Community NHS Trust v Blakeney [1996] UKEAT 783_94_0805
8 May 1996
EAT

Employment

[ Bailii ]
 
Richardson Sweeney Listers (A Firm) v Macgregor [1996] UKEAT 1354_95_0805
8 May 1996
EAT

Employment

[ Bailii ]
 
Goulden v Dales Enterprise Agency Ltd [1996] UKEAT 1079_95_0805
8 May 1996
EAT

Employment

[ Bailii ]
 
Gestetner Manufacturing Ltd v Braithwaite [1996] UKEAT 701_95_0805
8 May 1996
EAT

Employment

[ Bailii ]
 
Westminster City Council v Cabaj Times, 08 May 1996; Gazette, 10 July 1996
8 May 1996
CA

Employment
The failure to comply with the right to have three councillors to hear an appeal was breach of the employers procedure, but the dismissal remained fair. The non-compliance did not itself and necessarily make the procedure unfair.
Employment Protection (Consolidation) Act 1978 57(3)

 
Diakou v Islington Unison A Branch [1996] UKEAT 1253_95_0805
8 May 1996
EAT

Employment

[ Bailii ]
 
Cast v Croydon College [1996] UKEAT 161_95_0905
9 May 1996
EAT

Discrimination, Employment

1 Cites

1 Citers

[ Bailii ]
 
Johnson v T J Guinan Ltd [1996] UKEAT 632_95_0905
9 May 1996
EAT

Employment

[ Bailii ]
 
Walker and Another v Pavilion Services Ltd [1996] UKEAT 1075_94_0905
9 May 1996
EAT

Employment

[ Bailii ]
 
Merseyside Probation Committee v De Gale [1996] UKEAT 1158_94_0905
9 May 1996
EAT

Employment

[ Bailii ]
 
Huxley and Another v Secretary of State for Education & Employment [1996] UKEAT 219_95_1005
10 May 1996
EAT

Employment

[ Bailii ]
 
Salford Magistrates Court Committee v Slack [1996] UKEAT 257_95_1005
10 May 1996
EAT

Employment

[ Bailii ]
 
Huet v South East Cables Ltd [1996] UKEAT 122_95_1305
13 May 1996
EAT

Employment

[ Bailii ]
 
Mutemasango v Staffline Recruitment Ltd [1996] UKEAT 517_95_1305
13 May 1996
EAT

Employment

[ Bailii ]
 
Crown and Cushion Hotel v Kirton [1996] UKEAT 1271_95_1305
13 May 1996
EAT

Employment

[ Bailii ]

 
 Mensah v East Hertfordshire NHS Trust; EAT 13-May-1996 - [1996] UKEAT 1259_95_1305
 
Melville v Secretary of State for Employment [1996] UKEAT 1233_95_1305
13 May 1996
EAT

Employment

[ Bailii ]

 
 Hughes v J Murphy and Sons Ltd; EAT 14-May-1996 - [1996] UKEAT 585_95_1405
 
Parks v The Lansdowne Club [1996] UKEAT 310_95_1405
14 May 1996
EAT

Employment

[ Bailii ]

 
 Bennett v Sergio Gambi and others; EAT 14-May-1996 - [1996] UKEAT 34_95_1405
 
Ganeshmoorthy v H R Smith (Technical Developments) Ltd [1996] UKEAT 510_94_1405
14 May 1996
EAT

Employment

[ Bailii ]
 
Montgomery v Lowfield Distribution Ltd [1996] UKEAT 932_95_1405
14 May 1996
EAT

Employment

[ Bailii ]
 
Timmins and others v Shaw Carpets Ltd [1996] UKEAT 1351_95_1405
14 May 1996
EAT

Employment

[ Bailii ]
 
Worswick (T/A Foskote Design) v Orchard [1996] UKEAT 1288_95_1505
15 May 1996
EAT

Employment

[ Bailii ]
 
Kirklees Metropolitan Council v Hutton [1996] UKEAT 1220_95_1505
15 May 1996
EAT

Employment

[ Bailii ]
 
Nerva and Others v R L and G (T/a Paradiso E Inferno and Trota Blu Wine Bar) Times, 28 May 1996; Gazette, 19 June 1996; [1996] EWCA Crim 449; [2002] IRLR 815; [1997] ICR 11
15 May 1996
CACD

Employment, Crime
A waiter's tips which were received, and then re-distributed by the employer, are part of the employees' wages for minimum wage purposes. The gratuities became the employer's property so that when they paid the waiters their share of them, they were doing so with their (the employer's) own money and such payments therefore counted towards the remuneration they paid.
Wages Council Act 1979 - Wages Act 1986 16(1)
1 Citers

[ Bailii ]
 
Bamgbose v the Royal Star and Garter Home [1996] UKEAT 841_95_1505
15 May 1996
EAT

Employment

[ Bailii ]
 
Millar v Bowden [1996] UKEAT 129_95_1505
15 May 1996
EAT

Employment

[ Bailii ]
 
Porter v Desklink Ltd (T/A Victoria Office Furniture) [1996] UKEAT 1327_95_1505
15 May 1996
EAT

Employment, Discrimination
The claimant appealed against dismissal of his claims of unfair dismissal and racial discrimination. Held. The tribunal in its reasons had not acknowledged that the claimant had made a separate allegation of race discrimination and had not dealt with them, and the tribunal remitted the case.
Employment Protection (Consolidation) Act 1978 60A - Race Relations Act 1976
1 Citers

[ Bailii ]
 
Anterkyi v Ford Motor Company Ltd [1996] UKEAT 274_95_1505
15 May 1996
EAT

Employment

[ Bailii ]
 
Kirklees Metropolitan Council v Senior [1996] UKEAT 1221_95_1605
16 May 1996
EAT

Employment

[ Bailii ]
 
Isaac v Badgerline Ltd [1996] UKEAT 658_95_1605
16 May 1996
EAT

Employment

1 Cites

[ Bailii ]
 
Greenfield v Robinson [1996] UKEAT 811_95_1605
16 May 1996
EAT

Employment

[ Bailii ]
 
Knight Berkeley Ltd v Spark [1996] UKEAT 1274_95_1705
17 May 1996
EAT

Employment

[ Bailii ]
 
Sacco v London Underground Ltd [1996] UKEAT 416_95_1705
17 May 1996
EAT

Employment

[ Bailii ]
 
Knight Berkeley Ltd v Spark [1996] UKEAT 807_95_1705
17 May 1996
EAT

Employment

[ Bailii ]
 
Borkwood v Marks Club [1996] UKEAT 1281_95_1705
17 May 1996
EAT

Employment

[ Bailii ]
 
Chaudhry v Hyndburn Borough Council [1996] UKEAT 675_94_2005
20 May 1996
EAT

Employment

[ Bailii ]
 
Bibbey v Bernards of Esher Ltd [1996] UKEAT 557_95_2005
20 May 1996
EAT

Employment

[ Bailii ]
 
Ball v Balfour Kilpatrick Ltd [1996] UKEAT 823_95_2005
20 May 1996
EAT
Mummery J P
Employment

[ Bailii ]
 
Balfour v Foreign and Commonwealth Office [1996] UKEAT 1301_95_2005
20 May 1996
EAT

Employment

[ Bailii ]
 
Akinsanya v London Borough of Hackney [1996] UKEAT 1311_95_2005
20 May 1996
EAT

Employment

1 Cites

[ Bailii ]

 
 SOS Kinderdorf International and Others v Ebrima B Bittaye; PC 20-May-1996 - Gazette, 26 June 1996; [1996] UKPC 11; [1996] 1 WLR 987
 
Scott v W F Refrigeration Ltd [1996] UKEAT 65_95_2005
20 May 1996
EAT

Employment

1 Cites

[ Bailii ]
 
Jasrai v State of the United Arab Emirates [1996] UKEAT 1304_95_2005
20 May 1996
EAT

Employment

[ Bailii ]
 
Johnson v Rushmoor Borough Council [1996] UKEAT 1403_95_2005
20 May 1996
EAT

Employment

[ Bailii ]
 
Akhter v Family Services Unit [1996] UKEAT 1285_95_2005
20 May 1996
EAT

Employment

1 Cites

[ Bailii ]
 
Gilburn Ltd v Smith and others [1996] UKEAT 1099_95_2005
20 May 1996
EAT

Employment

[ Bailii ]
 
Burke v West London Healthcare (Nhs) Trust [1996] UKEAT 1484_95_2005
20 May 1996
EAT

Employment

[ Bailii ]
 
Shetima v Chief Constable of Merseyside Police [1996] UKEAT 928_95_2105
21 May 1996
EAT

Employment

[ Bailii ]
 
Shaw v Yorkshire Television [1996] UKEAT 420_95_2105
21 May 1996
EAT

Employment

[ Bailii ]

 
 Valor Heating Ltd v Nelder; EAT 21-May-1996 - [1996] UKEAT 1375_95_2105
 
Forrester v Inchcape Testing Services (UK) Ltd [1996] UKEAT 255_95_2105
21 May 1996
EAT

Employment

1 Cites

[ Bailii ]
 
J R Hansford Ltd v Yates [1996] UKEAT 1019_94_2105
21 May 1996
EAT

Employment

[ Bailii ]
 
United Services Club (Deptford) Ltd v Conneely [1996] UKEAT 621_95_2205
22 May 1996
EAT

Employment

[ Bailii ]
 
Van-De-Lang v Fds Market Research Group Ltd and Another [1996] UKEAT 1092_95_2205
22 May 1996
EAT

Employment

[ Bailii ]
 
Rawson v Sky Plastics Ltd [1996] UKEAT 1323_95_2205
22 May 1996
EAT

Employment

[ Bailii ]
 
Jagpal v London Borough of Enfield [1996] UKEAT 1283_95_2205
22 May 1996
EAT

Employment

[ Bailii ]

 
 Vickerstaff v Edbro Plc; EAT 22-May-1996 - [1996] UKEAT 1087_95_2205
 
Mansfield v Leeds City Council [1996] UKEAT 24_94_2305
23 May 1996
EAT

Employment

[ Bailii ]

 
 British Coal Corporation v Smith and Others; HL 23-May-1996 - Times, 23 May 1996; Gazette, 12 September 1996; Gazette, 03 July 1996; [1996] ICR 515
 
Express Newspapers Ltd v Hill [1996] UKEAT 1374_95_2305
23 May 1996
EAT

Employment

[ Bailii ]
 
Chaloner v National Association of Citizens Advice Bureau [1996] UKEAT 1093_95_2305
23 May 1996
EAT

Employment

[ Bailii ]
 
St Bonaventure's v Kempson [1996] UKEAT 515_95_2305
23 May 1996
EAT

Employment

[ Bailii ]
 
O'Neill v Governors of St Thomas More RC School and Another [1996] IRLR 372; [1997] ICR 33; [1996] UKEAT 1180_94_2405
24 May 1996
EAT
Mummery J P
Employment, Discrimination
The claimant had been dismissed as a teacher by the respondent Roman Catholic school after she became pregnant by a priest. She had been found to have been unfairly dismissed, but the tribunal had rejected her claim of discrimination for pregnancy.
1 Cites

[ Bailii ]
 
Roberts v Pmt Ltd [1996] UKEAT 881_95_2405
24 May 1996
EAT

Employment

[ Bailii ]
 
Harrods Ltd v Remick; Harrods Ltd v Seely; Elmi v Harrods Ltd Times, 28 May 1996
28 May 1996
EAT

Employment
Claim of race discrimination available to concessionaire staff against store.
Race Relations Act 1976 7

 
Credit Suisse Asset Management Ltd v Armstrong and Others Times, 03 June 1996; Gazette, 19 June 1996; [1996] ICR 882
3 Jun 1996
CA
Neill, Morritt and Hutchison LJJ
Employment
The employer provided fund management services to private clients. The notice periods for the various employees ranged between three and twelve months, but the handbook governing the terms of employment provided that during the respective notice periods the employer might place the employees on garden leave. Held. A period of garden leave to be served before the end of the contractual notice period was not to be set off against the period of a restrictive covenant which took effect on termination of the employment contract.
Neill LJ said: "The court can exercise its discretion in deciding the permissible length of garden leave but, if the restrictive covenant is valid, the employer is entitled to have it enforced, subject to all the usual grounds on which an injunction may be withheld, such as delay and a finding that damages would be an adequate remedy in the circumstances. Moreover, it is to be remembered that the existence of a garden leave clause may be a factor to be taken into account in determining the validity of a restrictive covenant as at the date of the contract.
I would, however, add a caveat. Terms which operate in restraint of trade raise questions of public policy. The opportunity for an individual to maintain and exercise his skills is a matter of general concern. I would therefore leave open the possibility that in an exceptional case where a long period of garden leave had already elapsed, perhaps substantially in excess of a year, without any curtailment by the court, the court would decline to grant any further protection based on a restrictive covenant. But that is not this case."
1 Citers


 
Simms and Another v Tanner and Hall Ltd [1996] UKEAT 1098_95_0406
4 Jun 1996
EAT

Employment

[ Bailii ]
 
Barrett v the Post Office [1996] UKEAT 819_95_0406
4 Jun 1996
EAT

Employment

[ Bailii ]
 
Copley v Madine [1996] UKEAT 1042_95_0406
4 Jun 1996
EAT

Employment

[ Bailii ]
 
Dhurowa v East Surrey Mental Health Authority NHS Trust [1996] UKEAT 1230_95_0506
5 Jun 1996
EAT

Employment

[ Bailii ]
 
Carpet World v Deluce [1996] UKEAT 1348_95_0506
5 Jun 1996
EAT

Employment

[ Bailii ]
 
Williams v Secretary of State for Employment [1996] UKEAT 901_95_0506
5 Jun 1996
EAT

Employment

[ Bailii ]
 
Rehman v B Brooks (Norwich) Ltd [1996] UKEAT 417_95_0606
6 Jun 1996
EAT

Employment

[ Bailii ]
 
Mcfarlane v Rendel Palmer and Tritton [1996] UKEAT 1032_95_0606
6 Jun 1996
EAT

Employment

[ Bailii ]
 
Thompson v Lehrer Mcgovern International Ltd [1996] UKEAT 898_93_0606
6 Jun 1996
EAT

Employment

1 Cites

1 Citers

[ Bailii ]
 
Thyer v Uniross Batteries Ltd [1996] UKEAT 1369_95_0706
7 Jun 1996
EAT

Employment

[ Bailii ]
 
Somjee v North West Regional Health Authority and Another [1996] UKEAT 1366_95_0706
7 Jun 1996
EAT

Employment

[ Bailii ]

 
 O'Neill v Governors of St Thomas More Roman Catholic Voluntary Aided Upper School; EAT 7-Jun-1996 - Gazette, 12 September 1996; Times, 07 June 1996; [1996] IRLR 372; [1996] UKEAT 1180_94_304; [1997] ICR 33
 
Piatkowski v London Borough of Camden [1996] UKEAT 991_95_0706
7 Jun 1996
EAT

Employment

[ Bailii ]
 
Dorset Trust v Barnett [1996] UKEAT 528_95_1006
10 Jun 1996
EAT

Employment

[ Bailii ]
 
Plettell v B P Chemicals Ltd [1996] UKEAT 1026_95_1006
10 Jun 1996
EAT

Employment

[ Bailii ]
 
London Borough of Hammersmith and Fulham v Jesuthasan [1996] UKEAT 1131_95_1006
10 Jun 1996
EAT

Employment

[ Bailii ]
 
Brace v the Raf Board and Another [1996] UKEAT 984_95_1106
11 Jun 1996
EAT

Employment

[ Bailii ]
 
Harris v Walon Ltd [1996] UKEAT 1142_95_1206
12 Jun 1996
EAT

Employment

[ Bailii ]
 
Freke-Evans v Commonwealth Development Corporation [1996] UKEAT 1302_95_1206
12 Jun 1996
EAT

Employment

[ Bailii ]
 
Nembhard v London Borough of Hammersmith and Fulham [1996] UKEAT 854_95_1206
12 Jun 1996
EAT

Employment

[ Bailii ]
 
Roberts v United Friendly Insurance Plc [1996] UKEAT 436_95_1306
13 Jun 1996
EAT
Peter Clark J
Employment
On appeal, the claimant alleged bias in the Tribunal chairman. Held: The procedure was that the appellant must lay out his allegations of bias in full. The papers will then be referred to the chairman for his comments.
[ Bailii ]
 
Percy v CUK Ltd [1996] UKEAT 923_95_1306
13 Jun 1996
EAT

Employment

[ Bailii ]
 
Stewart v Owner Drivers Radio Taxi Services [1996] UKEAT 575_95_1406
14 Jun 1996
EAT

Employment

1 Cites

[ Bailii ]
 
London Borough of Brent v Bermingham [1996] UKEAT 800_95_1406
14 Jun 1996
EAT

Employment

[ Bailii ]
 
Ministry of Defence v Pope [1996] UKEAT 971_95_1406
14 Jun 1996
EAT

Employment

[ Bailii ]
 
Greenberg v Carmel College Ltd [1996] UKEAT 351_95_1406
14 Jun 1996
EAT

Employment

[ Bailii ]
 
Butler v Borough Council of Calderdale [1996] UKEAT 929_95_1706
17 Jun 1996
EAT

Employment

[ Bailii ]
 
Secretary of State for Employment v Bradberry and others [1996] UKEAT 1106_95_1706
17 Jun 1996
EAT

Employment

[ Bailii ]
 
O'Hora v Tulip International (Uk) Bacon Division Ltd [1996] UKEAT 381_95_1706
17 Jun 1996
EAT

Employment

[ Bailii ]
 
Topp v Birchwood Boat Co Ltd [1996] UKEAT 626_94_1806
18 Jun 1996
EAT

Employment

[ Bailii ]
 
Timmins and others v Shaw Carpets Ltd [1996] UKEAT 1351_95_1806
18 Jun 1996
EAT

Employment

[ Bailii ]
 
Gutzmore v J Wardley (Holdings) Ltd [1996] UKEAT 372_95_1806
18 Jun 1996
EAT

Employment

[ Bailii ]
 
Lambert v Liverpool City Council [1996] UKEAT 924_95_1806
18 Jun 1996
EAT

Employment

[ Bailii ]
 
Wright v British Telecommunications Plc [1996] UKEAT 961_95_1906
19 Jun 1996
EAT

Employment

[ Bailii ]
 
Hawthorne v Russell and Brand Ltd [1996] UKEAT 1105_95_1906
19 Jun 1996
EAT

Employment

[ Bailii ]
 
Swindells and Another v Pearson [1996] UKEAT 1248_94_1906
19 Jun 1996
EAT

Employment

[ Bailii ]
 
Erdem v South East London Area Health Authority [1996] UKEAT 906_95_1906
19 Jun 1996
EAT

Employment

[ Bailii ]
 
Ellis v Hammond and Another (T/A Hammond and Sons) [1996] UKEAT 1257_95_2006
20 Jun 1996
EAT

Employment

[ Bailii ]
 
Cocking v Moulinex Swan Holdings Ltd [1996] UKEAT 1233_94_2006
20 Jun 1996
EAT

Employment

[ Bailii ]
 
Buchan and Ivey v Secretary of State for Employment [1996] UKEAT 770_95_2006; [1997] IRLR 80
20 Jun 1996
EAT

Employment

1 Citers

[ Bailii ]
 
Ivey v Secretary of State for Employment [1996] UKEAT 1291_95_2006
20 Jun 1996
EAT

Employment

[ Bailii ]
 
Connolly v Hoechst Roussel Ltd [1996] UKEAT 1325_95_2006
20 Jun 1996
EAT

Employment

[ Bailii ]
 
London Borough of Croydon and Another v Ellis and others [1996] UKEAT 430_95_2006
20 Jun 1996
EAT

Employment

[ Bailii ]
 
Lineham v Cleveland County Council [1996] UKEAT 1273_95_2106
21 Jun 1996
EAT

Employment

[ Bailii ]
 
Jefferies v Powerhouse Retail Ltd [1996] UKEAT 1328_95_2106
21 Jun 1996
EAT

Employment

[ Bailii ]
 
Nicolson v The Post Office [1996] UKEAT 829_95_2106
21 Jun 1996
EAT

Employment

[ Bailii ]
 
Qureshi v Victoria University of Manchester [2001] ICR 863; [1996] UKEAT 484_95_2305; EAT/484/95
21 Jun 1996
EAT
Mummery J
Discrimination, Employment
The Industrial Tribunal only has jurisdiction to consider and rule upon the act or acts of which complaint is made to it. The questions on a complaint of race discrimination are: (a) Did the act complained of actually occur? (b) If the act complained of occurred in time, was there a difference in race involving the applicant? (c) If a difference in race was involved, was the applicant treated less favourably than the alleged discriminator treated or would treat other persons of a different racial group in the same, or not materially different, relevant circumstances? (d) If there was difference in treatment involving persons of a different race, was that treatment "on racial grounds"? Were racial grounds an effective cause of the difference in treatment? What explanation of the less favourable treatment is given by the respondent?

Mummery J said: "In the present case, it was necessary for the Tribunal to examine all the allegations made by Dr Qureshi of other incidents relied upon by him as evidentiary facts of race discrimination in the matters complained of. There is a tendency, however, where many evidentiary incidents or items are introduced, to be carried away by them and to treat each of the allegations, incidents or items as if they were themselves the subject of a complaint. In the present case it was necessary for the Tribunal to find the primary facts about those allegations. It was not, however, necessary for the Tribunal to ask itself, in relation to each such incident or item, whether it was itself explicable on "racial grounds" or on other grounds. That is a misapprehension about the nature and purpose of evidentiary facts. The function of the Tribunal is to find the primary facts from which they will be asked to draw inferences and then for the Tribunal to look at the totality of those facts (including the respondent's explanations) in order to see whether it is legitimate to infer that the acts or decisions complained of in the originating applications were on "racial grounds". The fragmented approach by the Tribunal in this case would inevitably have the effect of diminishing any eloquence that the cumulative effect of the primary facts might have on the issue of racial grounds. The process of inference is itself a matter of applying common sense and judgment to the facts, and assessing the probabilities on the issue whether racial grounds were an effective cause of the acts complained of or were not. The assessment of the parties and their witnesses when they give evidence also form an important part of the process of inference. The Tribunal may find the force of the primary facts is sufficient to justify an inference of racial grounds. It may find that any inference that it might have made is negated by a satisfactory explanation from the respondent of non-racial grounds of action or decision."
1 Cites

1 Citers

[ Bailii ]
 
Eggleton v Kerry Foods Ltd [1996] UKEAT 938_95_2106
21 Jun 1996
EAT

Employment

[ Bailii ]
 
Fletcher and Others v Midland Bank Plc [1996] UKEAT 5_96_2406
24 Jun 1996
EAT
Mummery J P
Employment
Addendum to proncipal judgment.
[ Bailii ]
 
Wordsworth Holdings Plc v Bacon [1996] UKEAT 1345_95_2406
24 Jun 1996
EAT

Employment

[ Bailii ]
 
Joslyn and Another v [1996] UKEAT 533_95_2406
24 Jun 1996
EAT

Employment

[ Bailii ]
 
Fletcher and others and Preston and others v Midland Bank Plc and Wolverhampton Healthcare NHS Trust Secretary of State for Health and others EAT/6/96; EAT/5/96
24 Jun 1996
EAT
The Honourable Mr Justice Mummery
Employment, Discrimination
EAT Equal Pay Act -
EAT Equal Pay Act - (no sub-topic).
1 Citers

[ EATn ]
 
Dodson-Apple v British Broadcasting Corporation [1996] UKEAT 1177_95_2406
24 Jun 1996
EAT

Employment

[ Bailii ]
 
Sharpe and Fisher Ltd v Aldridge [1996] UKEAT 725_95_2506
25 Jun 1996
EAT

Employment

[ Bailii ]
 
Nelson v Chesterfield Law Centre [1996] UKEAT 1359_95_2606
26 Jun 1996
EAT

Employment

[ Bailii ]
 
D Fletcher and others and S A E Preston and others v Midland Bank Plc and Wolverhampton Healthcare NHS Trust Secretary of State for Health and others EAT/6/96; EAT/5/96
26 Jun 1996
EAT
The Honourable Mr Justice Mummery (P)
Employment, Discrimination
EAT Equal Pay Act -
EAT Equal Pay Act - (no sub-topic).
1 Cites

1 Citers

[ EATn ]
 
Transfood Meat Company Ltd v Mclaughlin [1996] UKEAT 1139_95_2606
26 Jun 1996
EAT

Employment

[ Bailii ]
 
Girlington Nursing Home v Bridgeman [1996] UKEAT 926_95_2706
27 Jun 1996
EAT

Employment

[ Bailii ]
 
Howson v National Association of Citizens Advice Bureaux [1996] UKEAT 1084_95_2706
27 Jun 1996
EAT

Employment

[ Bailii ]
 
Bharania v London Borough of Hackney [1996] UKEAT 651_95_2706
27 Jun 1996
EAT

Employment

[ Bailii ]
 
Sidhu v Bhart and Another [1996] UKEAT 985_95_2806
28 Jun 1996
EAT

Employment

[ Bailii ]
 
Secretary of State for Employment v Searle [1996] UKEAT 1213_95_2806
28 Jun 1996
EAT

Employment

[ Bailii ]
 
Alboni v Ind-Coope Retail Ltd [1996] UKEAT 960_95_2806
28 Jun 1996
EAT

Employment

1 Cites

1 Citers

[ Bailii ]
 
Newborough v Lucas Commercial Diesel System [1996] UKEAT 256_95_0107
1 Jul 1996
EAT

Employment

[ Bailii ]
 
Robinson and others v Hudson Bay Clipper Co Ltd [1996] UKEAT 1007_95_0107
1 Jul 1996
EAT

Employment

[ Bailii ]
 
Steelprint Ltd v Haynes [1996] UKEAT 467_95_0107
1 Jul 1996
EAT

Employment

[ Bailii ]
 
Diamond Port Ltd v Smalldon [1996] UKEAT 870_95_0207
2 Jul 1996
EAT

Employment

[ Bailii ]
 
Holvey [1996] UKEAT 917_95_0207
2 Jul 1996
EAT

Employment

[ Bailii ]
 
Uttlesford District Council v Evans [1996] UKEAT 623_95_0307
3 Jul 1996
EAT

Employment

[ Bailii ]
 
Freeman Dawson and Co Ltd v Davis [1996] UKEAT 487_95_0307
3 Jul 1996
EAT

Employment

[ Bailii ]
 
AEEU v GEC Alsthom Esl [1996] UKEAT 779_95_0307
3 Jul 1996
EAT

Employment

[ Bailii ]
 
Hellewell v Manchester Metropolitan University [1996] UKEAT 835_95_0307
3 Jul 1996
EAT

Employment

1 Cites

[ Bailii ]
 
BaduDonkor v Guys and St Thomas' NHS Trust [1996] UKEAT 486_95_0407
4 Jul 1996
EAT

Employment

[ Bailii ]
 
Brendon v Bnfl Flurochemicals Ltd [1996] UKEAT 766_95_0407
4 Jul 1996
EAT

Employment

[ Bailii ]
 
Fairfield Catering Co Ltd v Ayling and others [1996] UKEAT 614_94_0407
4 Jul 1996
EAT

Employment

[ Bailii ]
 
Farleyway Chemicals Ltd v Fynn [1996] UKEAT 994_95_0407
4 Jul 1996
EAT

Employment

[ Bailii ]
 
Go Kidz Go Ltd v Bourdouane [1996] UKEAT 1110_95_0507
5 Jul 1996
EAT

Employment

[ Bailii ]
 
Don Hoyland Ltd v Hoyland [1996] UKEAT 950_95_0507
5 Jul 1996
EAT

Employment

[ Bailii ]
 
Dudley v Peterborough City Council [1996] UKEAT 732_94_0507
5 Jul 1996
EAT

Employment

[ Bailii ]
 
Barnett v Brabyn (Inspector of Taxes) Times, 05 July 1996; [1996] STC 716
5 Jul 1996
ChD

Employment
Re-statement of character of contracts of employment and services and difference. The form of contract is important but not conclusive. It is necessary to look at the terms of the contract as a whole concentrating on the substantive rights and obligations of the parties and decide whether they are more or less strongly indicative of one form of relationship than the other.
1 Citers


 
Gardner Merchant Ltd v Ryan and others [1996] UKEAT 1337_95_0507
5 Jul 1996
EAT

Employment

[ Bailii ]
 
Agwara v Homeleigh Nursing Home for the Elderly [1996] UKEAT 1343_95_0507
5 Jul 1996
EAT

Employment

[ Bailii ]
 
Bradwell Packaging Services Ltd v Chadburn [1996] UKEAT 463_95_0807
8 Jul 1996
EAT

Employment

[ Bailii ]
 
Royal Marsden NHS Trust v Oladele [1996] UKEAT 492_95_0807
8 Jul 1996
EAT

Employment

[ Bailii ]
 
Rihal v Jade Hydraulics [1996] UKEAT 626_95_0807
8 Jul 1996
EAT

Employment

[ Bailii ]
 
Davis v Northampton CC and Social Services Inspection Unit [1996] UKEAT 512_95_0907
9 Jul 1996
EAT

Employment

[ Bailii ]
 
Butler v Oce (Uk) Ltd [1996] UKEAT 1261_94_0907
9 Jul 1996
EAT

Employment

[ Bailii ]
 
Edwards v Curtis (T/A Arkive Computing) [1996] UKEAT 845_95_1007
10 Jul 1996
EAT

Employment

[ Bailii ]
 
Goodman v Worthing District Health Authority [1996] UKEAT 941_93_1007
10 Jul 1996
EAT

Employment

[ Bailii ]
 
Leeds Drug Project v Kidney [1996] UKEAT 1187_95_1007
10 Jul 1996
EAT

Employment

[ Bailii ]
 
Hughes v London Underground Ltd [1996] UKEAT 1224_95_1107
11 Jul 1996
EAT

Employment

[ Bailii ]
 
Sutcliffe and others v Big C's Marine Ltd and others [1996] UKEAT 1346_95_1207
12 Jul 1996
EAT

Employment

[ Bailii ]
 
Butlin v Smithkline Beecham Consumer Healthcare [1996] UKEAT 660_95_1207
12 Jul 1996
EAT

Employment

[ Bailii ]
 
Allen v Council for Voluntary Service [1996] UKEAT 56_95_1207
12 Jul 1996
EAT

Employment

[ Bailii ]
 
Tradition Bond Brokers Ltd v Warner [1996] UKEAT 1028_95_1507
15 Jul 1996
EAT

Employment

[ Bailii ]
 
Gunningham v NOP Research Group Ltd [1996] UKEAT 1235_95_1607
16 Jul 1996
EAT
Peter Clark J
Employment

[ Bailii ]
 
Thake (T/A Cycle King) v Phillips [1996] UKEAT 723_95_1607
16 Jul 1996
EAT

Employment

[ Bailii ]
 
Leeds Drug Project v Sanders [1996] UKEAT 1329_95_1807
18 Jul 1996
EAT

Employment

[ Bailii ]
 
Nottinghamshire County Council v Perez [1996] EWCA Civ 519
18 Jul 1996
CA

Employment

[ Bailii ]
 
Prudential Assurance Co Ltd v Jones-Saunders and Another [1996] UKEAT 1321_95_1907
19 Jul 1996
EAT

Employment

[ Bailii ]
 
Narang v Public Health Laboratory Service Body [1996] UKEAT 1164_95_1907
19 Jul 1996
EAT

Employment

[ Bailii ]
 
Bell v Direct Design (North) Ltd and Another [1996] UKEAT 327_95_2207
22 Jul 1996
EAT

Employment

[ Bailii ]
 
Stansfield v Department of Employment and Another [1996] UKEAT 941_95_2307
23 Jul 1996
EAT

Employment

[ Bailii ]
 
Bartholomew v London Borough of Hackney [1996] UKEAT 1023_95_2307
23 Jul 1996
EAT

Employment

[ Bailii ]
 
Isaac-Ariwodo v Department of Environment [1996] UKEAT 1515_95_2407
24 Jul 1996
EAT

Employment

[ Bailii ]
 
Snelling v Tesco Stores Ltd [1996] UKEAT 78_94_2407
24 Jul 1996
EAT

Employment

[ Bailii ]
 
Pethick v Cloke [1996] UKEAT 1201_95_2407
24 Jul 1996
EAT

Employment

[ Bailii ]
 
British Telecommunications Plc v Thompson [1996] UKEAT 883_95_2907
29 Jul 1996
EAT

Employment

[ Bailii ]
 
Tony Cooper Ltd v Langley [1996] UKEAT 1133_95_2907
29 Jul 1996
EAT

Employment

[ Bailii ]
 
Phillip v British Railways Board [1996] UKEAT 564_95_2907
29 Jul 1996
EAT

Employment

[ Bailii ]
 
Darlington Memorial Hospital NHS Trust v Edwards and Vincent [1996] UKEAT 678_95_2907
29 Jul 1996
EAT

Employment
Appeal to us by Darlington Memorial Hospital NHS Trust against a decision which found that each of the two Respondents to the appeal, both senior employees of the Hospital, had been unfairly dismissed by unfair selection for redundancy.
[ Bailii ]

 
 London Borough of Hackney v Benn; CA 31-Jul-1996 - [1996] EWCA Civ 561
 
Smiths Industries Aerospace and Defence Systems v Rawlings [1996] UKEAT 1172_95_0108
1 Aug 1996
EAT

Employment

1 Cites

[ Bailii ]
 
Manor Bakeries Ltd v Nazir [1996] UKEAT 628_95_0108
1 Aug 1996
EAT

Employment

[ Bailii ]
 
Batty and others v British Steel Plc [1996] UKEAT 635_95_0108
1 Aug 1996
EAT

Employment

[ Bailii ]
 
Environmental Services Ltd v Marsh and Another Gazette, 02 August 1996
2 Aug 1996
CA

Employment
Employees under 2 years not wrongfully dismissed before transfer of undertaking.
Employment Protection (Consolidation) Act 1978 54 64

 
Mobbs v Nuclear Electric Ltd Times, 08 August 1996; [1996] UKEAT 1182_95_0506; [1996] IRLR 536
8 Aug 1996
EAT

Employment
An IT Chair should not sit alone at preliminary hearing if evidence is to be given.
1 Citers

[ Bailii ]

 
 Knowles and Another v Fire Brigades Union; CA 15-Aug-1996 - Gazette, 18 September 1996; Times, 15 August 1996
 
Anthony Richard Wood v Kirklees Metropolitan Council [1996] EWCA Civ 581
15 Aug 1996
CA

Employment

[ Bailii ]
 
Kwakye-Manu v City and Hackney Health Authority [1996] UKEAT 329_95_0909
9 Sep 1996
EAT

Employment

[ Bailii ]
 
Oxfordshire County Council v Clarke [1996] UKEAT 1279_95_1009
10 Sep 1996
EAT

Employment

1 Cites

[ Bailii ]
 
Camden and Community Services NHS Trust v Kennedy Gazette, 12 September 1996
12 Sep 1996
EAT

Employment
A solicitor's lack of an office system for checking acknowledgements debarred him from obtaining an extension of time.
1 Cites


 
Johnson and others v GEC Alsthom Traction Ltd [1996] UKEAT 1268_95_1609
16 Sep 1996
EAT

Employment

[ Bailii ]
 
London Borough of Islington v Obasa [1996] UKEAT 90_95_1709
17 Sep 1996
EAT

Employment

1 Citers

[ Bailii ]
 
Akram v Rieter Automotive Carpets Ltd [1996] UKEAT 1319_95_1809
18 Sep 1996
EAT

Employment

[ Bailii ]
 
Cowell v Penny Lane Wine Bar Ltd [1996] UKEAT 934_95_1809
18 Sep 1996
EAT

Employment

1 Cites

[ Bailii ]
 
Initial Healthcare Services Ltd v B T Tomkinson and others [1996] UKEAT 1001_96_1909
19 Sep 1996
EAT

Employment

[ Bailii ]
 
Willis v Mars Confectionery [1996] UKEAT 902_96_2009
20 Sep 1996
EAT

Employment

[ Bailii ]
 
Harris and Another, Trustees Fryston Miner's Welfare Scheme [1996] UKEAT 182_96_2009
20 Sep 1996
EAT

Employment

[ Bailii ]
 
Carter v Cadre Technologies Ltd [1996] UKEAT 716_96_2009
20 Sep 1996
EAT

Employment

[ Bailii ]
 
Talianos v Kingston and Esher Health Authority [1996] UKEAT 1174_95_2309
23 Sep 1996
EAT

Employment

[ Bailii ]
 
Brady v Pitglen Ltd [1996] UKEAT 325_96_2309
23 Sep 1996
EAT

Employment

[ Bailii ]
 
Donnelly v Homewood NHS Trust [1996] UKEAT 1195_95_2409
24 Sep 1996
EAT

Employment

[ Bailii ]
 
City and East London FHS Authority v Duncan Unreported, 24 September 1996
24 Sep 1996
EAT

Employment
“It is not a prerequisite of a contract of service that there must be a mutual obligation to provide and perform work. It is an important, but not conclusive factor”.
1 Citers


 
Ditta and others v Courtaulds Plc [1996] UKEAT 593_96_2409
24 Sep 1996
EAT

Employment

[ Bailii ]
 
Baseglen Ltd (T/A Perfect Pizza) v Calloway [1996] UKEAT 495_96_2409
24 Sep 1996
EAT

Employment

[ Bailii ]
 
Co-Operative Insurance Society v Baker [1996] UKEAT 1023_96_2509
25 Sep 1996
EAT

Employment

[ Bailii ]
 
Heffer v Sos for Trade and Industry and Another [1996] UKEAT 355_96_2509
25 Sep 1996
EAT

Employment

[ Bailii ]
 
Group 4 Nightspeed Ltd v Gilbert [1997] IRLR 398; [1996] UKEAT 521_96_2609
26 Sep 1996
EAT

Employment
Repeated payments of the same type under the same contract, in this case commission, were, on the ordinary meaning of the word, part of a “series” of payments.
1 Citers

[ Bailii ]
 
Shorrock Guards Ltd v Screen and Another [1996] UKEAT 280_96_2609
26 Sep 1996
EAT

Employment

[ Bailii ]
 
Kwik Save Stores Ltd v Matti [1996] UKEAT 1056_96_3009
30 Sep 1996
EAT

Employment

[ Bailii ]
 
Loughborough College of Art and Design v St Croix [1996] UKEAT 1045_96_3009
30 Sep 1996
EAT

Employment

[ Bailii ]
 
J H Mann; S Taylor; D G Timms; D Souter; J M Simpson; A Craig and D Potter And/Or In Cross-Appeal v Secretary of State for Employment In Cross-Appeal [1997] IRLR 21; [1996] EWCA Civ 617
30 Sep 1996
CA

European, Employment
LMA An Industrial tribunal does not have the jurisdiction to entertain Francovich state liability for damages actions - these must be heard by the ordinary courts.
1 Cites

1 Citers

[ Bailii ]
 
Gimple v Pinnacle Business Group Ltd [1996] UKEAT 1006_96_0210
2 Oct 1996
EAT

Employment

[ Bailii ]
 
Tedeschi v Hosiden Besson Ltd [1996] UKEAT 959_95_0210
2 Oct 1996
EAT

Employment

1 Cites

1 Citers

[ Bailii ]

 
 Chapman v Chapman Spooner Ltd (In Voluntary Liquidation) and Another; EAT 2-Oct-1996 - [1996] UKEAT 979_95_0210

 
 A v Crawley Horsham Health Service; EAT 2-Oct-1996 - [1996] UKEAT 695_95_0210
 
Shepherd v Lonrho Textiles Ltd [1996] UKEAT 563_95_0310
3 Oct 1996
EAT

Employment

[ Bailii ]
 
Hereford and Worcester County Council v Clayton and Another [1996] UKEAT 692_95_0310
3 Oct 1996
EAT

Employment

[ Bailii ]
 
Employment Service v Guy [1996] UKEAT 277_96_0310
3 Oct 1996
EAT

Employment

[ Bailii ]
 
Secretary of State for Trade and Industry v Forde [1996] UKEAT 213_96_0310
3 Oct 1996
EAT

Employment

[ Bailii ]
 
Rouse v Gec Marconi Avionics Ltd [1996] UKEAT 1192_95_0310
3 Oct 1996
EAT

Employment

[ Bailii ]

 
 Burton and Another v De Vere Hotels; EAT 3-Oct-1996 - Times, 03 October 1996; [1997] ICR 1; [1996] IRLR 596; Independent, 04 November 1996
 
Commis v Lancashire County Council [1996] UKEAT 875_96_0310
3 Oct 1996
EAT

Employment

[ Bailii ]
 
J E Davidson v The Sue Ryder Foundation [1996] EWCA Civ 658
4 Oct 1996
CA

Employment
The appellant had resigned after many years working weekdays in the defendants laundry. She was found to have been constructively dismissed, but that the employer had good reason within the section, in that their need included the need to have a service at weekends The respondents felt it would be unfair to seek someone who would work weekends and bank holidays only. The EAT ordered a rehearing, and the employer appealed on the basis that the EAT reasoning was unclear, and that they had rejected the respondent's ethical reasoning. However the original tribunal was entitled to its own conclusion on this point, and the EAT was wrong to substitute its own.
Employment Protection (Consolidation) Act 1978 57(1)(b)

 
Marks and Spencer Plc v O'Connell [1996] UKEAT 230_95_0410
4 Oct 1996
EAT

Employment

[ Bailii ]
 
Sun Valley Poultry Ltd v Mitchell and others [1996] UKEAT 164_96_0410
4 Oct 1996
EAT

Employment

[ Bailii ]
 
Lynes v Devon County Council [1996] UKEAT 618_96_0410
4 Oct 1996
EAT

Employment

[ Bailii ]
 
Spicer v Iss Service System [1996] UKEAT 597_96_0410
4 Oct 1996
EAT

Employment

[ Bailii ]
 
Evans v The Post Office [1996] UKEAT 161_96_0410
4 Oct 1996
EAT

Employment

[ Bailii ]
 
B and Q Ltd v Capon [1996] UKEAT 1138_95_0410
4 Oct 1996
EAT

Employment

[ Bailii ]
 
Knights v Anglian Industrial Services [1996] UKEAT 640_96_0410
4 Oct 1996
EAT

Employment

[ Bailii ]
 
Horton v Farnel Electronic Services Ltd [1996] UKEAT 755_95_0710
7 Oct 1996
EAT

Employment

[ Bailii ]
 
Abbey Thermosets Ltd v Vidler [1996] UKEAT 378_96_0710
7 Oct 1996
EAT

Employment

[ Bailii ]
 
Watts v Graham Group Plc [1996] UKEAT 81_96_0710
7 Oct 1996
EAT

Employment

[ Bailii ]
 
Glazer Plastics Ltd v Challenger [1996] UKEAT 1074_95_0710
7 Oct 1996
EAT

Employment

[ Bailii ]
 
Lythe v Hereford and Worcester County Council and Another [1996] UKEAT 564_96_0710
7 Oct 1996
EAT

Employment

[ Bailii ]
 
Gupta v Customs and Excise [1996] UKEAT 186_96_0710
7 Oct 1996
EAT

Employment

[ Bailii ]
 
Sharkey v Ideal Dual Installation [1996] UKEAT 1196_95_0810
8 Oct 1996
EAT

Employment

[ Bailii ]
 
Fricker v Chartered Institute of Environmental Health Office [1996] UKEAT 327_96_0810
8 Oct 1996
EAT

Employment

[ Bailii ]
 
Fleming v Lincolnshire Police [1996] UKEAT 1065_96_0810
8 Oct 1996
EAT

Employment

[ Bailii ]
 
Mount Carmel School Charitable Education Trust v Mullen [1996] UKEAT 342_96_0810
8 Oct 1996
EAT

Employment

[ Bailii ]
 
Plettell v Rolls Royce Plc [1996] UKEAT 760_95_0810
8 Oct 1996
EAT

Employment

1 Cites

1 Citers

[ Bailii ]
 
Jeapes v Messrs Redferns [1996] UKEAT 357_96_0810
8 Oct 1996
EAT

Employment

[ Bailii ]
 
Puntis v Isambard Brunel Junior School [1996] UKEAT 1001_95_0810
8 Oct 1996
EAT

Employment

[ Bailii ]
 
Mears v Centrepoint [1996] UKEAT 820_95_0910
9 Oct 1996
EAT

Employment

[ Bailii ]
 
Peart v Burnham and Co (Onyx) Ltd [1996] UKEAT 553_96_0910
9 Oct 1996
EAT

Employment

[ Bailii ]
 
Dunkley v A M Widdowson and Son Ltd [1996] UKEAT 1045_95_0910
9 Oct 1996
EAT

Employment

[ Bailii ]
 
A M Searle Dock Shunting Services v Liddle [1996] UKEAT 601_96_0910
9 Oct 1996
EAT

Employment

[ Bailii ]
 
Hodgson v Hsp Production (Sheffield) Ltd [1996] UKEAT 272_96_0910
9 Oct 1996
EAT

Employment

[ Bailii ]
 
Chater Training Associates Ltd v Sparrow [1996] UKEAT 270_96_0910
9 Oct 1996
EAT

Employment

[ Bailii ]
 
Dumbleton v Frances Clark Ltd [1996] UKEAT 313_96_0910
9 Oct 1996
EAT

Employment

[ Bailii ]
 
Hammond (T/A Tracy's Hair Fashions) v Randell [1996] UKEAT 633_96_0910
9 Oct 1996
EAT

Employment

[ Bailii ]
 
City Centre Restaurants (Uk) Ltd (T/A Garfunkel's) v Calheiros [1996] UKEAT 1061_96_0910
9 Oct 1996
EAT

Employment

[ Bailii ]
 
Horsford v Bedfordshire TEC and Another [1996] UKEAT 351_96_0910
9 Oct 1996
EAT

Employment

[ Bailii ]
 
Blackstone Franks Investments Management Ltd v Robertson [1996] UKEAT 434_96_1010
10 Oct 1996
EAT

Employment

[ Bailii ]
 
Rock Refrigeration Limited v Jones and Seward Refrigeration Limited Gazette, 06 November 1996; Times, 17 October 1996; [1996] EWCA Civ 694
10 Oct 1996
CA
Simon Brown LJ, Morritt LJ, Phillips LJ
Employment
The claimant sought to enforce a post employment restrictive covenant given by the defendant. The defendant replied that the clause was too widely framed and was unreasonable since it applied to a temination of his contract 'howsoever occasioned'. The employer appealed the decision against it based on D -v- M. Held: It was necessary to distinguish between the arguments regarding covenants in restraint of trade and the situation here where the issue was as to unfairness. The law against restraint renders invalid a covenant which would otherwise be valid. Phrases like "for any reason whatsoever" are themselves fatal to the enforceability of such covenants.
1 Cites

[ Bailii ]
 
El-Kharam v Deep Pan Pizza Co [1996] UKEAT 797_96_1010
10 Oct 1996
EAT

Employment

[ Bailii ]
 
Kwik Save Stores Ltd v Clerkin [1996] UKEAT 295_96_1010
10 Oct 1996
EAT

Employment

[ Bailii ]
 
Harmel and Another v London Borough of Haringey [1996] UKEAT 1389_96_1010
10 Oct 1996
EAT

Employment

[ Bailii ]
 
Levez v T H Jennings (Harlow Pools) Ltd [1996] UKEAT 812_96_1110
11 Oct 1996
EAT
Mummery LJ
Employment, Discrimination
A party sought to be joined to the case order to appeal it to the Curt of Appeal, and in turn to the European Court of Justice to challenge implementation of a European directive. Held: Leave to join refused, but leave allowed to appeal further.
Equal Pay Act 1970
1 Citers

[ Bailii ]
 
Brown v Transport and General Workers Union [1996] UKEAT 1062_95_1110
11 Oct 1996
EAT

Employment

[ Bailii ]
 
Hirst v Elmbridge Borough Council [1996] UKEAT 190_96_1110
11 Oct 1996
EAT

Employment

[ Bailii ]
 
Ibekwe v London General Transport [1996] UKEAT 872_96_1110
11 Oct 1996
EAT

Employment

[ Bailii ]
 
Pearce v Roy T Ward (Consultants) Ltd [1996] UKEAT 180_96_1110
11 Oct 1996
EAT

Employment

[ Bailii ]
 
Eitan v Twa Inc [1996] UKEAT 374_96_1110
11 Oct 1996
EAT

Employment

[ Bailii ]
 
Shah v Zeta Communications Ltd [1996] UKEAT 532_96_1410
14 Oct 1996
EAT

Employment

[ Bailii ]
 
Turner v Orrmac Coatings Ltd [1996] UKEAT 1370_95_1410
14 Oct 1996
EAT

Employment

[ Bailii ]
 
Rose v David Phillips and Partners [1996] UKEAT 527_96_1410
14 Oct 1996
EAT

Employment

[ Bailii ]
 
Fox v Aldenham School [1996] UKEAT 675_96_1410
14 Oct 1996
EAT

Employment

[ Bailii ]
 
Jones v Varney and Another [1996] UKEAT 19_96_1410
14 Oct 1996
EAT

Employment

[ Bailii ]
 
London Central Bus Co Ltd v Matthews [1996] UKEAT 1064_96_1510
15 Oct 1996
EAT

Employment

[ Bailii ]
 
Wright UK Ltd v Greenaway [1996] UKEAT 523_96_1510
15 Oct 1996
EAT

Employment

[ Bailii ]
 
Bullen v HM Prison Service [1996] UKEAT 777_96_1510
15 Oct 1996
EAT

Employment

[ Bailii ]
 
Commissioner of Police for the Metropolis v White [1996] UKEAT 497_95_1510
15 Oct 1996
EAT

Employment

[ Bailii ]
 
Hussein v Mallenash Ltd [1996] UKEAT 53_96_1510
15 Oct 1996
EAT

Employment

[ Bailii ]
 
Ravenscourt Laboratories Ltd v Soni [1996] UKEAT 337_96_1510
15 Oct 1996
EAT

Employment

1 Cites

[ Bailii ]
 
De Santis v Commission T-56/94; [1996] EUECJ T-56/94
16 Oct 1996
ECFI

Employment
ECJ Officials - Vacancy notice - Abuse of process.
[ Bailii ]
 
Warner v Microsystems (Slough) Ltd and Another [1996] UKEAT 1041_95_1610
16 Oct 1996
EAT
Lord Johnston
Employment
Appeal against refusal of TUPe claim of infir dismissal.
[ Bailii ]
 
Brown v Chief Adjudication Officer Gazette, 13 November 1996; Times, 16 October 1996
16 Oct 1996
CA

Benefits, Employment
A continuous series of daily contracts became one entitling employee to Statutory Sick Pay.
Social Security Contributions and Benefits Act 1992 153(1)

 
Benaim v Top Shop/Top Man Ltd [1996] UKEAT 516_96_1610
16 Oct 1996
EAT
Smith J
Employment
Appeal against finding that claim of unfair dismissal was out of time.
[ Bailii ]
 
Beever and others v V M Fabrications Ltd [1996] UKEAT 383_96_1610
16 Oct 1996
EAT
Peter Clark HHJ
Employment
Appeals against rejection of claims for unfair dismissal on relocation of business.
[ Bailii ]
 
Havering Hospitals NHS Trust v Peek [1996] UKEAT 204_96_1710
17 Oct 1996
EAT
Peter Clark J
Employment

[ Bailii ]
 
Curran v Takare Homes Ltd [1996] UKEAT 611_96_1810
18 Oct 1996
EAT

Employment

[ Bailii ]
 
Motor Auctions (Leeds) Ltd v Dyson and Another [1996] UKEAT 739_96_1810
18 Oct 1996
EAT

Employment

[ Bailii ]
 
Ali v Christian Salvesen Food Services Limited Times, 29 October 1996; Gazette, 06 November 1996; [1996] EWCA Civ 763; [1997] 1 All ER 721
18 Oct 1996
CA
Lord Justice Waite Lord Justice Saville Lord Justice Otton
Employment
A collective agreement freely and exhaustively negotiated with a Union was not to have an extra term implied. Waite LJ warned that such agreements should be concise and clear, so as to be readily understood by all who are concerned to operate it with the result that should any topic be left uncovered by an agreement of that kind, the natural inference would be that it was omitted advisedly.
1 Cites

1 Citers

[ Bailii ]
 
Williams v Leeds City Council [1996] UKEAT 828_95_1810
18 Oct 1996
EAT

Employment

[ Bailii ]
 
Simpson-Umanah v London Borough of Islington [1996] UKEAT 588_96_2110
21 Oct 1996
EAT

Employment

[ Bailii ]
 
Pandya v Cherub Ltd [1996] UKEAT 556_96_2110
21 Oct 1996
EAT

Employment

[ Bailii ]
 
Co-Op Wholesale Society Ltd v Wrigley [1996] UKEAT 197_96_2210
22 Oct 1996
EAT

Employment

[ Bailii ]
 
Harman v Takare Plc [1996] UKEAT 129_96_2310
23 Oct 1996
EAT

Employment

[ Bailii ]
 
Braganca v Ethymiou and Another [1996] UKEAT 318_96_2310
23 Oct 1996
EAT

Employment

[ Bailii ]
 
Mclean v Mclane Ltd [1996] UKEAT 682_96_2310
23 Oct 1996
EAT

Employment

[ Bailii ]
 
Alam v Chief Constable Shaw and others [1996] UKEAT 1039_95_2410
24 Oct 1996
EAT

Employment

[ Bailii ]
 
Farquhar v Farmers Boy Ltd [1996] UKEAT 565_96_2410
24 Oct 1996
EAT

Employment

[ Bailii ]
 
Regina v Secretary of State for Foreign and Commonwealth Affairs ex parte Manelfi [1996] EWHC Admin 153
25 Oct 1996
Admn

Employment, Discrimination
The applicant sought judicial review of the defendant's refusal to employ him to work at GCHQ, which had a policy not to employ anyone with non-British parents save exceptionally. The claimant said this was racially discriminatory. Held: The nationality rules and waiver policy are maintained to ensure in the interest of national security, the loyalty of those employed at GCHQ: "Consequently, this decision, the content of the rules and their application are not justiciable."
International Covenant on Civil and Political Rights 1966 26 - Race Relations Act 1976 75(5)(a)
1 Cites

[ Bailii ]
 
Abb Industrial Systems Ltd v Carpenter [1996] UKEAT 417_96_2510
25 Oct 1996
EAT

Employment

1 Citers

[ Bailii ]
 
Melrose v Reigate Housing Society for the Elderly [1996] UKEAT 181_96_2810
28 Oct 1996
EAT

Employment

[ Bailii ]
 
Butler and others v Initial Cleaning Services Ltd [1996] UKEAT 255_96_2810
28 Oct 1996
EAT

Employment

[ Bailii ]
 
Bloom v Director of Public Prosecutions [1996] UKEAT 911_96_2810
28 Oct 1996
EAT

Employment

[ Bailii ]
 
Catchpole v Ministry of Defence [1996] UKEAT 863_96_2810
28 Oct 1996
EAT

Employment

[ Bailii ]
 
Blackett v Sunderland City Council [1996] UKEAT 824_96_2810
28 Oct 1996
EAT

Employment

[ Bailii ]
 
J Sainsbury Plc and Another v Flexon [1996] UKEAT 232_95_2810
28 Oct 1996
EAT

Employment

[ Bailii ]
 
Henry v Lambeth College [1996] UKEAT 430_96_2810
28 Oct 1996
EAT

Employment

[ Bailii ]
 
Cook v British Gas (East Midlands) Ltd [1996] UKEAT 82_96_2810
28 Oct 1996
EAT

Employment

1 Cites

[ Bailii ]
 
Robinson v Nnc Ltd [1996] UKEAT 772_96_2810
28 Oct 1996
EAT

Employment

[ Bailii ]
 
North Yorkshire Ambulance Service NHS Trust v Hebditch [1996] UKEAT 1102_96_2810
28 Oct 1996
EAT

Employment

[ Bailii ]
 
Devine v Mancunian Glass Ltd [1996] UKEAT 1170_96_2910
29 Oct 1996
EAT

Employment

[ Bailii ]
 
O'Connor and Another v Creative Upholstery Ltd [1996] UKEAT 1248_95_2910
29 Oct 1996
EAT

Employment

[ Bailii ]
 
Leigh Interests Plc v Lupino-Poole [1996] UKEAT 110_96_2910
29 Oct 1996
EAT

Employment

[ Bailii ]
 
England v South London Family Housing Association and others [1996] UKEAT 1055_96_3010
30 Oct 1996
EAT

Employment

[ Bailii ]
 
Thamesway Ltd v Boret [1996] UKEAT 602_96_3010
30 Oct 1996
EAT

Employment

[ Bailii ]
 
Webbe v Leeds City Council and Another [1996] UKEAT 895_95_3010
30 Oct 1996
EAT

Employment

[ Bailii ]
 
Gurney v Cannon Hygiene Ltd [1996] UKEAT 405_96_3010
30 Oct 1996
EAT

Employment

[ Bailii ]
 
Booth v Communications Workers Union [1996] UKEAT 261_96_3010
30 Oct 1996
EAT

Employment

[ Bailii ]
 
Barraclough v Papachristidis Ltd [1996] UKEAT 387_96_3010
30 Oct 1996
EAT

Employment

[ Bailii ]
 
Berry v Lambeth Southwark and Lewisham Health Commission [1996] UKEAT 771_96_3010
30 Oct 1996
EAT

Employment

[ Bailii ]
 
Pbf Piling Ltd v Bailey [1996] UKEAT 589_96_3110
31 Oct 1996
EAT

Employment

[ Bailii ]
 
Aerostructure Hamble Ltd v Morse and Another [1996] UKEAT 388_96_3110
31 Oct 1996
EAT

Employment

[ Bailii ]
 
Armstrong v Automotive Components Dunstable Ltd [1996] UKEAT 759_96_3110
31 Oct 1996
EAT

Employment

1 Cites

[ Bailii ]
 
Regina v Industrial Tribunal ex parte Mohammad Javade Iqbal [1996] EWCA Civ 845
31 Oct 1996
CA

Employment

[ Bailii ]
 
Ryan v G T (Golden Triangle) Design Ltd [1996] UKEAT 300_96_0111
1 Nov 1996
EAT

Employment

[ Bailii ]
 
Joseph Hoyle and Son Ltd v Ali and others [1996] UKEAT 103_96_0111
1 Nov 1996
EAT

Employment

[ Bailii ]
 
Staniforth v Parrish and others [1996] UKEAT 919_96_0111
1 Nov 1996
EAT

Employment

[ Bailii ]
 
Bromilow and others v Charles M Willie and Co Ltd [1996] UKEAT 924_93_0111
1 Nov 1996
EAT

Employment

[ Bailii ]
 
Catanach v London Borough of Lambeth [1996] UKEAT 117_95_0111
1 Nov 1996
EAT

Employment

[ Bailii ]
 
R T Tanner and Co Ltd v B T Mansfield and others [1996] UKEAT 235_96_0411
4 Nov 1996
EAT

Employment

1 Cites

[ Bailii ]
 
Brown v London Central Bus Co Ltd [1996] UKEAT 1243_95_0411
4 Nov 1996
EAT

Employment

[ Bailii ]
 
Low v Exel Logistics Chilflow [1996] UKEAT 413_96_0411
4 Nov 1996
EAT

Employment

[ Bailii ]
 
Kumapley v Burt Brill and Cardens [1996] UKEAT 1154_95_0411
4 Nov 1996
EAT

Employment

[ Bailii ]
 
Shehan v Bernhardt Upholstery Ltd [1996] UKEAT 36_96_0411
4 Nov 1996
EAT

Employment

[ Bailii ]
 
Yogarajah v Civil Aviation Authority [1996] UKEAT 1120_95_0411
4 Nov 1996
EAT

Employment

[ Bailii ]
 
Levez v T H Jennings (Harlow Pools) Ltd [1996] UKEAT 812_96_0611
6 Nov 1996
EAT
Mummery LJ
Employment, Discrimination

Equal Pay Act 1970
1 Cites

1 Citers

[ Bailii ]
 
Tsangacos v Amalgamated Chemicals Ltd and Another Times, 06 November 1996; [1997] IRLR 4
6 Nov 1996
EAT

Employment
The Chairman of a tribunal may always hear questions as to matters of jurisdiction alone.
Industrial Tribunals Act 1996 4(6)
1 Cites

1 Citers


 
Sheen v British Broadcasting Corporation [1996] UKEAT 741_96_0611
6 Nov 1996
EAT

Employment

[ Bailii ]
 
Wood and Mott Ltd v Carr [1996] UKEAT 1025_95_0611
6 Nov 1996
EAT

Employment

[ Bailii ]
 
Nicholson v European Land Ltd (In Administrative Receivership) [1996] UKEAT 734_96_0611
6 Nov 1996
EAT

Employment

[ Bailii ]
 
Smith v British Union for the Abolition of Vivisection [1996] UKEAT 725_96_0611
6 Nov 1996
EAT

Employment

[ Bailii ]
 
Beech v Manchester Grammar School [1996] UKEAT 603_96_0711
7 Nov 1996
EAT

Employment

[ Bailii ]
 
Allied Medicare Ltd v Westwood [1996] UKEAT 122_96_0711
7 Nov 1996
EAT

Employment

[ Bailii ]
 
Midland Bank Plc v Brand and Another [1996] UKEAT 282_95_0711
7 Nov 1996
EAT

Employment

[ Bailii ]
 
Kent County Council v Evans [1996] UKEAT 1035_95_0811
8 Nov 1996
EAT

Employment

[ Bailii ]
 
Campbell v Ecclestone and others [1996] UKEAT 380_96_0811
8 Nov 1996
EAT

Employment

[ Bailii ]
 
Harker v Beach [1996] UKEAT 584_96_1111
11 Nov 1996
EAT

Employment

[ Bailii ]
 
Purchase v Ellis and Buckle [1996] UKEAT 615_96_1111
11 Nov 1996
EAT

Employment

1 Cites

1 Citers

[ Bailii ]
 
Trivedi v Royal Hull Hospitals NHS Trust [1996] UKEAT 1111_95_1111
11 Nov 1996
EAT

Employment

1 Cites

1 Citers

[ Bailii ]
 
Soni v Post Office Counters Ltd and others [1996] UKEAT 425_96_1111
11 Nov 1996
EAT

Employment

[ Bailii ]
 
David Robert Persson v Matra Marconi Space UK Ltd [1996] EWCA Civ 921
11 Nov 1996
CA

Employment
Refusal of EAT to give reasons for its decision.
[ Bailii ]
 
E A Grimstead and Son Ltd v Winters [1996] UKEAT 1261_95_1111
11 Nov 1996
EAT

Employment

[ Bailii ]
 
Hunter- Addey v Rural Pursuits Ltd [1996] UKEAT 778_96_1111
11 Nov 1996
EAT

Employment

[ Bailii ]
 
Qed Display Ltd v Herod [1996] UKEAT 520_96_1211
12 Nov 1996
EAT

Employment

[ Bailii ]
 
Moon v Selby [1996] UKEAT 264_96_1211
12 Nov 1996
EAT

Employment

[ Bailii ]
 
Stoddart v Institute for Study Abroad [1996] UKEAT 664_96_1211
12 Nov 1996
EAT

Employment

[ Bailii ]

 
 Blackstone Franks Investment Management Ltd v Robertson; EAT 12-Nov-1996 - Times, 12 November 1996
 
United Kingdom v Council of the European Union Times, 21 November 1996; C-84/94; [1997] IRLR 30; [1996] EUECJ C-84/94; [1997] ICR 443
12 Nov 1996
ECJ

European, Employment, Health and Safety
A directive limiting the maximum work hours for all employees was validly made under art 118a as a Health and Safety measure.
LMA
  1. Measures appear initially to have derived from policies of job creation and increased employment.
  2. John Major's government saw the initiatives (together with other provisions as part of Social Chapter) as measures which would lead to unemployment and expected an unsympathetic response from business organisations.
  3. Government opt-out of Social Chapter of Maastricht Treaty (TEU)
  4. Working Time Directive introduced some of provisions of Social Chapter in the guise of health and safety. The measures were adopted as a health and safety measure on the basis of Art.118a EC

What were the implications of this route to adoption?
Art.118aEC
(Council) Qualified majority voting - (European Parliament) Co-operation procedure - although the Council ultimately has the final say, it can only over-rule Parliament (and the Commission) if it acts unanimously) as opposed to
Art.100EC - (Council) unanimous voting - (European Parliament) Consultation procedure - this procedure requires that the Council consult the Parliament before it adopts an act. Parliament's views must be considered but have no binding effect.
The UK challenged the Directive on various grounds
  1. Defective legal basis (lack of competence)
  2. Breach of the principle of proportionality
  3. Misuse of powers
  4. Infringement of an essential procedural requirements.

The ECJ concluded that the UK's application was unfounded apart from one provision The ECJ annulled the second sentence of Art. 5 of the Council Directive concerning minimum rest periods to include Sundays - could not be justified on basis of health and safety measure. The ECJ dismissed the remainder of the UK's application.
European Treaty Article 118a
1 Citers

[ Bailii ]
 
National Union of Knitwear Footwear and Apparel Trades (Kfat) v Betta Sox Ltd (In Receivership) [1996] UKEAT 376_96_1211
12 Nov 1996
EAT

Employment

[ Bailii ]
 
Israr v The Blue Cross [1996] UKEAT 1202_95_1211
12 Nov 1996
EAT

Employment

1 Cites

[ Bailii ]
 
Relf v Nottinghamshire County Council [1996] UKEAT 686_96_1311
13 Nov 1996
EAT

Employment

[ Bailii ]
 
Woodrow v Selnate Company Ltd [1996] UKEAT 782_95_1311
13 Nov 1996
EAT

Employment

[ Bailii ]
 
Yorkshire Bus Group Ltd v Kahut [1996] UKEAT 344_96_1311
13 Nov 1996
EAT

Employment

[ Bailii ]

 
 Post Office v Adekeye; CA 13-Nov-1996 - Times, 03 December 1996; Gazette, 13 December 1996; [1997] ICR 110; [1996] EWCA Civ 943
 
Fraser v S Tolliday and Hedley House Motel Ltd [1996] UKEAT 841_96_1311
13 Nov 1996
EAT

Employment

[ Bailii ]
 
Cohain v British Railways Board [1996] UKEAT 660_96_1311
13 Nov 1996
EAT

Employment

[ Bailii ]
 
Bilonick v United States of America [1996] UKEAT 1024_95_1311
13 Nov 1996
EAT

Employment

[ Bailii ]
 
Davies v Caparo Tubes Ltd [1996] UKEAT 1287_95_1311
13 Nov 1996
EAT

Employment

[ Bailii ]
 
Building Services Maintenance v Kenebel [1996] UKEAT 547_96_1311
13 Nov 1996
EAT

Employment

[ Bailii ]
 
Variety Floors Group v Beale [1996] UKEAT 720_96_1411
14 Nov 1996
EAT

Employment

1 Cites

[ Bailii ]
 
Cooke v Birmingham City Council Birmingham College of Food Tourism and Creative Studies [1996] EWCA Civ 966
14 Nov 1996
CA

Education, Employment, Local Government

Further and Higher Education Act 1992
[ Bailii ]
 
Howe and Another v Reed [1996] UKEAT 1270_96_1411
14 Nov 1996
EAT

Employment

[ Bailii ]
 
Barry John Graham and Syncsort Limited and Syncsort Inc [1996] EWCA Civ 954
14 Nov 1996
CA

Employment

[ Bailii ]

 
 Rotsart de Hertaing v Benoidt and IGC Housing Service (In Liquidation) and Another; ECJ 14-Nov-1996 - Times, 25 November 1996; [1997] IRLR 127; C-305/94; [1996] EUECJ C-305/94
 
Schofield v F Bender Ltd [1996] UKEAT 925_96_1411
14 Nov 1996
EAT

Employment

[ Bailii ]
 
Ratcliffe-Smith v T E Holdings Ltd and Another [1996] UKEAT 72_96_1411
14 Nov 1996
EAT

Employment

[ Bailii ]
 
Habati v Hard Rock Cafe Ltd [1996] UKEAT 691_96_1411
14 Nov 1996
EAT

Employment

[ Bailii ]
 
Clay v Hinsley (T/A Silverdale Meat Products) [1996] UKEAT 562_96_1511
15 Nov 1996
EAT

Employment

[ Bailii ]
 
Hare v Air Canada [1996] UKEAT 539_96_1511
15 Nov 1996
EAT

Employment

[ Bailii ]
 
Petersham Hotel Ltd v Castro [1996] UKEAT 635_96_1511
15 Nov 1996
EAT

Employment

[ Bailii ]
 
Lawrence v The National Grid Plc [1996] UKEAT 753_96_1511
15 Nov 1996
EAT

Employment

[ Bailii ]
 
Moore v Thrings and Long [1996] EWCA Civ 973
15 Nov 1996
CA

Employment, Professional Negligence

[ Bailii ]
 
Khalid (T/A Zodiac Engineering Co) v Wisley [1996] UKEAT 311_96_1511
15 Nov 1996
EAT

Employment

[ Bailii ]
 
Martin v Secretary of State for Trade and Industry [1996] UKEAT 843_96_1511
15 Nov 1996
EAT

Employment

1 Cites

[ Bailii ]
 
Mcleod v British Railways Board [1996] UKEAT 964_95_1511
15 Nov 1996
EAT

Employment

[ Bailii ]
 
United Airlines Incorporated v Allen and others [1996] UKEAT 201_96_1511
15 Nov 1996
EAT

Employment

[ Bailii ]
 
Kullar v Aston University [1996] UKEAT 613_96_1811
18 Nov 1996
EAT

Employment

[ Bailii ]
 
Irving v Aramark Plc [1996] UKEAT 121_96_1811
18 Nov 1996
EAT

Employment

[ Bailii ]
 
West Sussex County Council v Gatehouse [1996] UKEAT 303_96_1811
18 Nov 1996
EAT

Employment

[ Bailii ]
 
Bettinson v Devonport Management Ltd [1996] UKEAT 1130_95_1811
18 Nov 1996
EAT

Employment

[ Bailii ]
 
Sonico Ltd v Virani [1996] UKEAT 500_96_1911
19 Nov 1996
EAT

Employment

[ Bailii ]
 
Oxley and Bradford and Northern Housing Association v Olaleye [1996] UKEAT 1236_96_1911
19 Nov 1996
EAT

Employment

[ Bailii ]
 
Freeman (T/A Cleveland Crane and Plant Hire) v Freeman [1996] UKEAT 844_96_1911
19 Nov 1996
EAT

Employment

[ Bailii ]
 
Hurst Engineering Ltd v Sargenti and Another [1996] UKEAT 1171_95_1911
19 Nov 1996
EAT

Employment

[ Bailii ]
 
Sita (Gb) Ltd v Burton and others [1996] UKEAT 114_96_1911
19 Nov 1996
EAT

Employment

[ Bailii ]
 
Prima Fruit Juices Ltd v Stride [1996] UKEAT 656_96_1911
19 Nov 1996
EAT

Employment

[ Bailii ]
 
Evans v Ace Security Services [1996] UKEAT 577_96_1911
19 Nov 1996
EAT

Employment

[ Bailii ]
 
Black Horse Agencies v Elms [1996] UKEAT 137_96_2011
20 Nov 1996
EAT

Employment

[ Bailii ]
 
Hussein v Sheraton Skyline [1996] UKEAT 561_96_2011
20 Nov 1996
EAT

Employment

[ Bailii ]
 
Danquah v Secretary of State for Education and Employment [1996] UKEAT 193_96_2011
20 Nov 1996
EAT

Employment

[ Bailii ]
 
Gill and Another v Airedale and Warfedale College [1996] UKEAT 1318_95_2011
20 Nov 1996
EAT

Employment

[ Bailii ]
 
Davies v Standen [1996] UKEAT 857_96_2111
21 Nov 1996
EAT

Employment

[ Bailii ]
 
Berry v the Bethlem and Maudsley NHS Trust [1996] UKEAT 478_95_2111
21 Nov 1996
EAT

Employment, Discrimination

1 Cites

1 Citers

[ Bailii ]
 
Ryalls v Drury and Another [1996] UKEAT 44_96_2111
21 Nov 1996
EAT

Employment

1 Cites

[ Bailii ]
 
National Society for the Prevention of Cruelty To Children v Cole [1996] UKEAT 818_96_2111
21 Nov 1996
EAT

Employment

[ Bailii ]
 
Thompson and Co Ltd v Thomas [1996] UKEAT 31_96_2111
21 Nov 1996
EAT

Employment

[ Bailii ]
 
Goldsworthy and Another v Wills [1996] UKEAT 1017_96_2111
21 Nov 1996
EAT

Employment

[ Bailii ]
 
Stevens v Katharine Lady Berkeley's School [1996] UKEAT 265_96_2111
21 Nov 1996
EAT

Employment

[ Bailii ]
 
Myers v Tang (T/A China Rose Restaurant) [1996] UKEAT 266_96_2211
22 Nov 1996
EAT

Employment

[ Bailii ]
 
Mcniven v Trw Cam Gears Ltd [1996] UKEAT 624_95_2211
22 Nov 1996
EAT

Employment

[ Bailii ]
 
Mason v Wirral Hospital NHS Trust [1996] UKEAT 506_96_2211
22 Nov 1996
EAT

Employment

[ Bailii ]
 
Knowles v Perkin Decor Ltd [1996] UKEAT 698_96_2211
22 Nov 1996
EAT

Employment

[ Bailii ]
 
Secretary of State for Trade and Industry v Amess and Another [1996] UKEAT 519_96_2211
22 Nov 1996
EAT

Employment

1 Cites

[ Bailii ]
 
Chambers v Gec Marconi Ltd [1996] UKEAT 951_95_2211
22 Nov 1996
EAT

Employment

[ Bailii ]
 
Twinmar Ltd v Scrivener [1996] UKEAT 904_96_2211
22 Nov 1996
EAT

Employment

[ Bailii ]
 
Shillito v Van Leer (Uk) Ltd [1996] UKEAT 271_96_2511
25 Nov 1996
EAT

Employment

[ Bailii ]
 
Downend Estates Ltd v Dyer [1996] UKEAT 874_96_2511
25 Nov 1996
EAT

Employment

[ Bailii ]
 
Peto and Another v Guildford Masonic Club [1996] UKEAT 581_96_2511
25 Nov 1996
EAT

Employment

[ Bailii ]
 
Barnes and others v Kodak Ltd [1996] UKEAT 105_96_2511
25 Nov 1996
EAT

Employment

[ Bailii ]

 
 United Road Transport Union and others v Shaw Carpets; EAT 25-Nov-1996 - [1996] UKEAT 211_96_2511
 
Rochdale Metropolitan Borough Council v Lismore [1996] UKEAT 667_96_2511
25 Nov 1996
EAT

Employment

[ Bailii ]
 
Lawrence v London Central Bus Co Ltd [1996] UKEAT 194_96_2611
26 Nov 1996
EAT

Employment

[ Bailii ]
 
Langridge v Frigoscandia [1996] UKEAT 607_96_2611
26 Nov 1996
EAT

Employment

[ Bailii ]
 
B A Groves and Sons v Hallett [1996] UKEAT 887_96_2611
26 Nov 1996
EAT

Employment

[ Bailii ]
 
Yorke v Schaefer Instruments Ltd [1996] UKEAT 614_96_2611
26 Nov 1996
EAT

Employment

[ Bailii ]
 
Boxall v Southside Rehabilitation Association Ltd [1996] UKEAT 1156_95_2711
27 Nov 1996
EAT

Employment

1 Cites

[ Bailii ]
 
Herbert Read Ltd v Harrison [1996] UKEAT 1251_95_2711
27 Nov 1996
EAT

Employment

[ Bailii ]
 
Alfred Smith and Son Ltd v Warner [1996] UKEAT 212_96_2711
27 Nov 1996
EAT

Employment

[ Bailii ]
 
National Westminster Bank Plc v Mckeag [1996] UKEAT 703_96_2711
27 Nov 1996
EAT

Employment

[ Bailii ]
 
Murray and Another v Tarmac Roadstone (Southern) Ltd [1996] UKEAT 1305_96_2711
27 Nov 1996
EAT

Employment

[ Bailii ]
 
Metrobus Ltd v Hillman [1996] UKEAT 712_96_2711
27 Nov 1996
EAT

Employment

1 Cites

1 Citers

[ Bailii ]
 
Swallow International Hotel Ltd v Elhaouari [1996] UKEAT 477_95_2711
27 Nov 1996
EAT

Employment

1 Cites

[ Bailii ]
 
Telegames Ltd v Griffiths [1996] UKEAT 817_96_2711
27 Nov 1996
EAT

Employment

[ Bailii ]
 
Wise v Sun Chemicals Ltd [1996] UKEAT 827_96_2711
27 Nov 1996
EAT

Employment

[ Bailii ]
 
Karim v Laxton Crawford Ltd [1996] UKEAT 662_96_2711
27 Nov 1996
EAT

Employment

[ Bailii ]
 
Adams v W H Tracey (A Firm) [1996] UKEAT 957_96_2711
27 Nov 1996
EAT

Employment

[ Bailii ]
 
Araromi v Whitbread Plc (T/A Thresher) [1996] UKEAT 837_96_2711
27 Nov 1996
EAT

Employment

[ Bailii ]
 
Khalid (T/A Zodiac Engineering Co) v Wisely [1996] UKEAT 311_96_2711
27 Nov 1996
EAT

Employment

[ Bailii ]
 
Cass v Actionmicro Ltd [1996] UKEAT 525_96_2811
28 Nov 1996
EAT

Employment

[ Bailii ]
 
BET Catering Services Ltd v Ball and others [1996] UKEAT 637_96_2811; EAT/637/96
28 Nov 1996
EAT
Lindsay J P
Employment
Mrs Ball was an employee of a London Borough whose contract incorporated the NJC conditions. Following her TUPE transfer to BET, a private sector employer, the NJC promulgated terms that included pay increases. The issue was whether BET was obliged to pay the increases. Held: The claim succeeded.
Lindsay P considered the effet of a dynamic clause in an employment contract: "Turning from the general to the more particular, we see no conceptual or legal difficulty in an employer agreeing (or being treated as if having agreed) a system under which he agrees to pay his own employees wages which are determined, directly or indirectly, by some third party or by a reference to the awards of third parties purporting to be directed to categories other than his own employees. Contrary to BET's argument, we do not see that to be commercially unreasonable and the experience of the members suggests that it is not uncommon. Nor is it the case, either for reasons of law or of business, that that would only occur where the employer could or might influence the third party. We have no difficulty in contemplating a contract by BET that has the effect that it should pay its employees NJC rates. It is not as if the reference in the Employees' terms and conditions to NCJ terms was frozen in time so as to relate only to those terms as they were at the date of the commencement of employment or as at the date of the transfer; Mr Napier very sensibly accepts that the reference is to the terms as they should from time to time be. We have been unable to see any reason, either, why a private sector employer should not be able to bind himself or to be taken to have bound himself to pay public sector rates, nor any reason why Regulation 5(1) should not operate so as to have the effect that he had so bound himself. Nor can we see any reason why NJC rates should not be payable by BET simply because the rates are addressed to a category - public sector employees - within which, after the transfer, the Employees, of course, ceased to be included. It is not as if the manner of the incorporation of NJC rates or terms and conditions made any reference such as 'If and so long only as the employee shall be in the public sector' or 'If and so long only as the employee is within a category to which the NJC terms and conditions purport to refer'. To revert to the passage we have cited from Adams above, the parties (who, after the transfer, must be taken to be BET and the Employees) said that the Employees' terms and conditions are the NJC terms and conditions and the starting point is that they said what they meant and meant what they said. That meaning is clear and the factual setting will have little or no bearing on the construction of the contract which Regulation 5(1) deems there to have been made."
Transfer of Undertakings (Protection of Employment) Regulations 1981
1 Cites

1 Citers

[ Bailii ]
 
Independent Plywood Company Ltd v Ginn [1996] UKEAT 794_96_2811
28 Nov 1996
EAT

Employment

[ Bailii ]
 
Luton Borough Council v Burton [1996] UKEAT 71_96_2811
28 Nov 1996
EAT

Employment

[ Bailii ]
 
Curran v London Underground Ltd [1996] UKEAT 449_96_2911
29 Nov 1996
EAT

Employment

[ Bailii ]
 
Martin v Lowndes Lambert Group Ltd [1996] UKEAT 845_96_2911
29 Nov 1996
EAT

Employment

[ Bailii ]
 
Vale (T/A Uppercut Hair Salons) v Claridge [1996] UKEAT 503_96_2911
29 Nov 1996
EAT

Employment

[ Bailii ]
 
Walters v Department of National Heritage [1996] UKEAT 13_96_2911
29 Nov 1996
EAT

Employment

[ Bailii ]
 
Deve v General Council of the Bar [1996] UKEAT 1363_95_2911
29 Nov 1996
EAT

Employment

[ Bailii ]
 
T J Snow (Builder) Ltd v Snow [1996] UKEAT 891_96_2911
29 Nov 1996
EAT

Employment

[ Bailii ]
 
Trafalgar House Services Ltd v Carder [1996] UKEAT 305_96_0212
2 Dec 1996
EAT

Employment

[ Bailii ]
 
Samas Roneo Ltd v Sandhu [1996] UKEAT 560_96_0212
2 Dec 1996
EAT

Employment

[ Bailii ]
 
Castley v Irwell Valley Housing Association [1996] UKEAT 995_96_0212
2 Dec 1996
EAT

Employment

[ Bailii ]
 
Vlachopoulou v Associated Press Ltd [1996] UKEAT 578_96_0212
2 Dec 1996
EAT

Employment

[ Bailii ]
 
Tasker v British Gas Plc [1996] UKEAT 738_96_0212
2 Dec 1996
EAT

Employment

[ Bailii ]
 
Finland 24949/94
3 Dec 1996
ECHR

Human Rights, Employment
(Commission) An employee of the Finnish State Railways was dismissed for failing to respect his working hours on the basis that to work after sunset on a Friday was forbidden by the Seventh Day Adventist Church, of which he was a member. Held: Although his refusal was motivated by religious convictions, such a situation did not give rise to protection under Article 9(1). He was not prevented from manifesting his religion or belief (inter alia, he was free to resign).
European Convention on Human Rights 9
1 Citers


 
Taylor v H Backhouse (Baker Street) Ltd [1996] UKEAT 729_96_0312
3 Dec 1996
EAT

Employment

[ Bailii ]
 
Jeffries v Powter [1996] UKEAT 1239_95_0312
3 Dec 1996
EAT

Employment

[ Bailii ]
 
Group 4 Total Security Ltd v Dempsey [1996] UKEAT 221_96_0312
3 Dec 1996
EAT

Employment

[ Bailii ]
 
Cornelius v London Borough of Hackney [1996] UKEAT 441_96_0312
3 Dec 1996
EAT

Employment

1 Cites

[ Bailii ]
 
Stevenson v Burrows Communications Ltd and Another [1996] UKEAT 736_96_0312
3 Dec 1996
EAT

Employment

[ Bailii ]
 
British Bakeries Ltd v Hoggans [1996] UKEAT 478_96_0312
3 Dec 1996
EAT

Employment

[ Bailii ]
 
Holgate v London Borough of Lambeth [1996] UKEAT 986_95_0312
3 Dec 1996
EAT

Employment

[ Bailii ]
 
Barlow v Gala Leisure Ltd (T/A Gala Clubs) [1996] UKEAT 632_96_0312
3 Dec 1996
EAT

Employment

[ Bailii ]
 
Burt v Patrington Haven Leisure Park [1996] UKEAT 424_96_0312
3 Dec 1996
EAT

Employment

[ Bailii ]
 
Tesco Stores Ltd v Sams [1996] UKEAT 1237_95_0412
4 Dec 1996
EAT

Employment

[ Bailii ]
 
Susan Hutchings v Wales Council for Voluntary Action [1996] EWCA Civ 1105
4 Dec 1996
CA

Employment

[ Bailii ]
 
Tower Hamlets Racial Equality Council v Clements [1996] UKEAT 502_96_0412
4 Dec 1996
EAT

Employment

[ Bailii ]
 
Lets Go Travel v Hudd [1996] UKEAT 475_96_0412
4 Dec 1996
EAT

Employment

[ Bailii ]
 
Human Resources Partnership Ltd v Taverner [1996] UKEAT 1342_96_0412
4 Dec 1996
EAT

Employment

[ Bailii ]
 
Williams v Gwent Community NHS Trust [1996] UKEAT 707_96_0412
4 Dec 1996
EAT

Employment

[ Bailii ]
 
Stephenson v Trenching and Road Mining Ltd [1996] UKEAT 1009_95_0412
4 Dec 1996
EAT

Employment

[ Bailii ]
 
Sita (Gb) Ltd v Burton and Others Times, 05 December 1996
5 Dec 1996
EAT

Employment
Fear of transfer terms was insufficient to found claim of unfair dismissal on its own; TUPE regulations gave some protection.
Transfer of Undertakings (Protection of Employment) Regulations 1981 (1981 No 1794)

 
Doves Ford Group Plc v Rodwell [1996] UKEAT 809_96_0512
5 Dec 1996
EAT

Employment

[ Bailii ]
 
Henleys Ltd v Baterip [1996] UKEAT 788_96_0512
5 Dec 1996
EAT

Employment

[ Bailii ]
 
William Younger and Co Ltd v Ellis [1996] UKEAT 1022_96_0512
5 Dec 1996
EAT

Employment

[ Bailii ]
 
London Borough of Hackney v Hallissey [1996] UKEAT 1239_96_0512
5 Dec 1996
EAT

Employment

[ Bailii ]
 
Shabbir v Barclays Life Assurance Company Ltd [1996] UKEAT 1007_96_0512
5 Dec 1996
EAT

Employment

[ Bailii ]
 
Trw Ors Ltd v Parker [1996] UKEAT 558_96_0612
6 Dec 1996
EAT

Employment

[ Bailii ]
 
Barnstable v British Red Cross Society [1996] UKEAT 930_96_0612
6 Dec 1996
EAT

Employment

[ Bailii ]
 
David Pinto and Co v Taylor [1996] UKEAT 746_96_0612
6 Dec 1996
EAT

Employment

[ Bailii ]
 
C Johnson v Rushmoor Borough Council [1996] EWCA Civ 1128
6 Dec 1996
CA

Employment

[ Bailii ]
 
Ward v Potters Ballotini Ltd [1996] UKEAT 968_96_0612
6 Dec 1996
EAT

Employment

[ Bailii ]
 
Home Care Construction Ltd v Harvey [1996] UKEAT 853_96_0612
6 Dec 1996
EAT

Employment

[ Bailii ]
 
Rai v Buckinghamshire County Council [1996] UKEAT 696_96_0612
6 Dec 1996
EAT

Employment

[ Bailii ]
 
Smallman v Chilcott-Barnes [1996] UKEAT 594_96_0912
9 Dec 1996
EAT

Employment

[ Bailii ]
 
Beech v Pathfinder Mental Health Services [1996] UKEAT 1041_96_0912
9 Dec 1996
EAT

Employment

[ Bailii ]
 
Winter v St Helens Metropolitan Borough Council [1996] UKEAT 763_96_0912
9 Dec 1996
EAT

Employment

[ Bailii ]
 
Hussain v Mercury Cars [1996] UKEAT 813_96_0912
9 Dec 1996
EAT

Employment

[ Bailii ]
 
Idlbi v Earls Court International Hotel and Trade Fair Complex [1996] UKEAT 681_96_0912
9 Dec 1996
EAT

Employment

[ Bailii ]
 
Presswork Metals Ltd v Winkworth [1996] UKEAT 1076_96_0912
9 Dec 1996
EAT

Employment

[ Bailii ]
 
Obasa v London Borough of Islington [1996] UKEAT 784_96_0912
9 Dec 1996
EAT

Employment

1 Cites

[ Bailii ]
 
National Blood Authority v Jordan and Another [1996] UKEAT 839_96_0912
9 Dec 1996
EAT

Employment

[ Bailii ]
 
Ptg Pre-Treatment Services v Clark [1996] UKEAT 877_96_0912
9 Dec 1996
EAT

Employment

[ Bailii ]
 
TP Associates (Thames Valley) Ltd v Pointer [1996] UKEAT 930_96_1012
10 Dec 1996
EAT

Employment

[ Bailii ]
 
Thompson v Ritec Ltd [1996] UKEAT 651_96_1012
10 Dec 1996
EAT

Employment

[ Bailii ]
 
Walker v John Menzies (Uk) Ltd [1996] UKEAT 326_96_1012
10 Dec 1996
EAT

Employment

[ Bailii ]
 
Harding v London Borough of Southwark [1996] UKEAT 620_96_1012
10 Dec 1996
EAT

Employment

[ Bailii ]
 
Persson v Matra Marconi Space Uk Ltd Times, 10 December 1996
10 Dec 1996
CA

Employment
Refusal of EAT to review own decision is not a final order disposing of proceedings.
Employment Appeal Tribunal Rules 1993 (1993 No 2854)

 
Wakefield and Pontefract Community Health NHS Trust v Hodgson and others [1996] UKEAT 489_96_1012
10 Dec 1996
EAT

Employment

[ Bailii ]
 
Gould and others v Yardley of London [1996] UKEAT 515_96_1012
10 Dec 1996
EAT

Employment

[ Bailii ]
 
Harvey v Rank Xerox (Uk) Ltd [1996] UKEAT 946_96_1112
11 Dec 1996
EAT

Employment

[ Bailii ]
 
Tanwar v London Borough of Greenwich [1996] UKEAT 1053_96_1112
11 Dec 1996
EAT

Employment

[ Bailii ]
 
Prasad v Armitage and Another [1996] UKEAT 1002_96_1112
11 Dec 1996
EAT

Employment

[ Bailii ]
 
Digital Equipment Co Ltd v Clements Times, 11 December 1996; [1996] UKEAT 593_95_0512
11 Dec 1996
EAT

Employment
An excess redundancy payment is to be deducted from damages before any per cent pro rata redeuction is to be made for any other reason. An employer paying over statutory minimum on redundancy is entitled to full credit for extra payment of had dismissed unfairly.
Employment Protection (Consolidation) Act 1978 74
1 Citers

[ Bailii ]
 
M Cavannah v Borough of Blackburn [1996] EWCA Civ 1180
11 Dec 1996
CA

Employment

[ Bailii ]
 
Mahoney v King Printcrafts Ltd [1996] UKEAT 40_96_1112
11 Dec 1996
EAT

Employment

[ Bailii ]

 
 McMeechan v Secretary of State for Employment; CA 11-Dec-1996 - [1996] EWCA Civ 1166; [1997] IRLR 353; [1997] ICR 549
 
Cox v Swp Recruitment [1996] UKEAT 1037_96_1112
11 Dec 1996
EAT

Employment

[ Bailii ]
 
Massaquoi v OduDua Housing Association Ltd [1996] UKEAT 755_96_1112
11 Dec 1996
EAT

Employment

[ Bailii ]
 
H Jagpal v London Borough of Enfield CA Civ 1165
11 Dec 1996
CA

Employment
The applicant appealed a decision of the EAT refusing to hear his appeal from the Industrial Tribunal regarding the loss of his claim for unfair dismissal. They had said he had no arguable point of law. The claims amounted to a suggestion that the Industrial Tribunal's decision was wrong, but made no assertion about any error of law. Application dismissed.
[ Bailii ]
 
Clifton v Fma Ltd [1996] UKEAT 758_96_1212
12 Dec 1996
EAT

Employment

[ Bailii ]
 
John Menzies (Uk) Ltd v Florey [1996] UKEAT 685_96_1212
12 Dec 1996
EAT

Employment

[ Bailii ]

 
 Carr v John Henry Newman School; CA 12-Dec-1996 - [1996] EWCA Civ 1188
 
Morgan v Dudley Metropolitan Borough Council [1996] EWCA Civ 1193
12 Dec 1996
CA

Employment

[ Bailii ]

 
 National Union of Teachers and others v Governing Body of St Mary's Church of England (Aided) Junior School and others; CA 12-Dec-1996 - Times, 16 December 1996; [1996] EWCA Civ 1194; [1997] ICR 334; (1997) 3 CMLR 630
 
Progoulis v Commission [1996] EUECJ C-49/96P
12 Dec 1996
ECJ

Employment
ECJ (Order) Officials - Appeal clearly inadmissible.
[ Bailii ]
 
Potter v Corporation of Lewes Tertiary College [1996] UKEAT 1155_96_1212
12 Dec 1996
EAT

Employment

[ Bailii ]
 
Universal Footwear Ltd v Towns [1996] UKEAT 934_96_1212
12 Dec 1996
EAT

Employment

[ Bailii ]
 
Perampalam v Riverside Mental Health NHS Trust [1996] UKEAT 989_96_1212
12 Dec 1996
EAT

Employment

[ Bailii ]
 
Doleh v Chartered Trust Plc [1996] UKEAT 1235_96_1312
13 Dec 1996
EAT

Employment

[ Bailii ]
 
Wirral Hospital NHS Trust v Mason [1996] UKEAT 505_96_1312
13 Dec 1996
EAT

Employment

[ Bailii ]
 
Giorgio Lebedef v Commission of the European Communities (Rec 1996,p FP-IA-629,II-1679) T-128/96; [1996] EUECJ T-128/96
13 Dec 1996
ECFI

European, Employment
Europa Officials - Refusal by the Commission to distribute through its internal messenger services communications to the staff from an independent trade union - Legal interest in bringing proceedings - Admissibility - Claims for damages - Subject-matter of the dispute - Summary of the pleas in law -Admissibility.
[ Bailii ]
 
Von Eisenhart-Goodwin v West Lambeth Community Care (Nhs) Trust [1996] UKEAT 1054_96_1312
13 Dec 1996
EAT

Employment

[ Bailii ]
 
Vaz v New Journal Enterprises Ltd [1996] UKEAT 1158_96_1312
13 Dec 1996
EAT

Employment

[ Bailii ]
 
Anthony Bernard Frederick Smith v East Sussex County Council [1996] EWHC Admin 359
13 Dec 1996
Admn

Education, Employment

[ Bailii ]

 
 Secretary of State for Trade and Industry v Cook and others; EAT 13-Dec-1996 - [1996] UKEAT 582_96_1312; [1997] IRLR 150
 
Whent and others v T Cartledge Ltd [1996] UKEAT 39_96_1612; [1997] IRLR 153
16 Dec 1996
EAT
HHJ Hicks QC
Employment
The appellants had been employed by Brent. Their contracts provided that pay would be in accordance with NJC agreements as amended from time to time. Their employment transferred under TUPE to a private sector employer, who wrote to the employees and their union stating that any collective agreements affecting former Brent employees would no longer have effect. The employees claimed that, despite this, their pay entitlement remained at levels determined by the NJC from time to time. The industrial tribunal dismissed the employees' claims that the employer had made unauthorised deductions from their wages. Held: The appeal succeeded. HHJ Hicks QC said: "Once it is accepted, as it is, (i) that Regulation 5(1) and (2) applied, and (ii) that there has been no relevant subsequent variation in the contract of employment, the issue becomes simply one of the true meaning of clause 1, quoted at the outset of this judgment. Leaving aside for the moment the opening phrase, to which we shall return, the relevant words are "your rate of remuneration . . will be in accordance with the [NJC Agreement]". There is no dispute that until the transfer to the respondent that, on its true construction, incorporated the result of the annual round of negotiations. There is no apparent reason why the transfer should cause any change in the meaning of the words. Our initial conclusion, therefore, is that Mr Whent and his colleagues are right and their employer wrong.
The tribunal's next reason is that it "cannot be right that an employer is bound ad infinitum by the terms of a collective agreement negotiated by bodies other than themselves". In our view that is fallacious for a number of reasons. In the first place the employer is not in any event bound "ad infinitum". It can at any time, without breach of contract, negotiate variations of contract with individual employees, as its letter of 21 April 1994 professes it as being eager to do, or terminate their contracts on due notice and offer fresh ones. The latter course may no doubt lead to its incurring obligations to compensate for unfair dismissal, but that is a matter for it to weigh commercially. The words "ad infinitum" are in truth no more than colourful surplusage; the question is simply whether the employer is still bound by the NJC Agreement, so far as incorporated in individual contracts of employment, notwithstanding its "withdrawal" from collective participation. The second reason why this argument is fallacious is that if correct there seems to be no reason why it would not have applied from the moment of transfer, whether or not the respondent had "withdrawn", since there is no finding, and little likelihood, that it had any representation on the management side of the NJC. The third is that there is simply no reason why parties should not, if they choose, agree that matters such as remuneration be fixed by processes in which they do not themselves participate. The tribunal themselves accept that that is true of some employers who are not local authorities. It must, on the agreed facts set out near the beginning of this judgment, equally be true of non-union employees."
Transfer of Undertakings (Protection of Employment) Regulations 1981
1 Citers

[ Bailii ]
 
Fletcher v F and L Accessories Ltd [1996] UKEAT 935_96_1612
16 Dec 1996
EAT

Employment

[ Bailii ]
 
Ward and Another v Beresford and Hicks Furniture Ltd and Another [1996] UKEAT 860_95_1612
16 Dec 1996
EAT

Employment

[ Bailii ]
 
Chambers v London Borough of Lambeth [1996] UKEAT 1335_96_1612
16 Dec 1996
EAT

Employment

[ Bailii ]
 
Del Grosso v Tom Cobleigh Plc [1996] UKEAT 1058_95_1712
17 Dec 1996
EAT

Employment

1 Cites

[ Bailii ]
 
Devine v Mancunian Glass Ltd [1996] UKEAT 1369_96_1712
17 Dec 1996
EAT

Employment

[ Bailii ]
 
Kanekanian v Cardiff Institute of Higher Education and Another [1996] UKEAT 46_96_1712
17 Dec 1996
EAT
Lindsay J
Employment, Discrimination

[ Bailii ]

 
 Mensah v Royal College of Midwives; EAT 17-Dec-1996 - [1996] UKEAT 124_94_1712
 
Simpson v Lincoln City Council [1996] UKEAT 1324_96_1712
17 Dec 1996
EAT

Employment

[ Bailii ]
 
Gilbert v Mayne Nickless (UK) Ltd (T/A Parceline) [1996] UKEAT 722_96_1812
18 Dec 1996
EAT

Employment

[ Bailii ]
 
Economics Ltd v Mcivor [1996] UKEAT 1415_96_1812
18 Dec 1996
EAT

Employment

[ Bailii ]
 
Kwik Save Stores Ltd v Greaves [1996] UKEAT 1073_95_1812
18 Dec 1996
EAT

Employment

[ Bailii ]
 
Stopford v Herbert and Sons Ltd [1996] UKEAT 856_96_1812
18 Dec 1996
EAT

Employment

[ Bailii ]
 
Canavan v Hurst Publishing Ltd [1996] UKEAT 393_96_1812
18 Dec 1996
EAT

Employment

[ Bailii ]
 
Badii v Bournemouth University and others [1996] UKEAT 1237_96_1812
18 Dec 1996
EAT

Employment

[ Bailii ]
 
London Borough of Hackney v Usher [1996] UKEAT 1143_95_1912
19 Dec 1996
EAT

Employment

[ Bailii ]

 
 Johnson v HM Prison Service and Others; EAT 31-Dec-1996 - Times, 31 December 1996; [1997] IRLR 162; [1997] ICR 275
 
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