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		Employment - From: 1997 To: 1997 This page lists 1116 cases, and was prepared on 02 April 2018. Â Jones v Sirl and Son (Furnishers) Limited [1997] IRLR 493; [1997] UKEAT 155_95_0702 1997 EAT Employment In constructive dismissal cases the repudiatory breach by the employer need not be the sole cause of the employee's resignation. There may well be concurrent causes operating on the mind of an employee whose employer has committed fundamental breaches of contract and that the employee may leave because of both those breaches and another factor, such as the availability of another job. 1 Citers [ Bailii ] Â Addison v Denholm Ship Management (UK) Ltd [1997] ICR 770 1997 EAT Lord Johnston Employment, Scotland An issue before the EAT was whether regulations made under section 2(2) of the 1972 Act applied to the crew of a floating hotel/ship in the North Sea. Held: According to European law the UK could choose whether or not to apply employment protection to this crew. The employers said that our regulations did not intend to confer employment protection upon the crew but that if, on their proper construction, our regulations did purport to do so, they would be ultra vires since this was not a Community obligation. An Act of Parliament was needed, not merely secondary legislation. Lord Johnston: "[Counsel for the crew argued that] if the issue of ultra vires or intra vires did arise then the matter was now governed by a decision of the Divisional Court, Reg. v. Secretary of State and Industry, Ex parte UNISON [1996] ICR 1003. That case was concerned with proper construction of the phrase "matters related to any Community obligation" in section 2(2)(b) of the European Communities Act 1972. In his judgment, Otton LJ held, at p. 1014, that the phrase "related to" would be given its natural, everyday meaning of not distinct, separate, or divorced from a Community obligation rather than the alternative meaning suggested by the applicants of "tangential to or consequential to" the implementation of a Community obligation. That broad construction of the phrase, said counsel, meant that, so long as there was in effect a connection between the terms under consideration of the subordinate legislation and the primary legislation which it was implementing under a Community Directive, the minister was not exceeding his powers in the main Act … " The regulations were no wider than the Directive, but "Assuming, finally, that the issue of construction which we prefer is erroneous, the matter of vires does arise. Without venturing a view as to whether Reg. v. Secretary of State for Trade and Industry, Ex parte UNISON [1996] ICR 1003 is correctly decided on its own facts, we confess considerable concern with the general approach of Otton LJ if he is seeking to suggest that "related to" in section 2(2)(b) of the European Communities Act 1978 [sc. 1972] can be used to enable a minister to widen, by regulation, the main thrust or effect of the Directive it is seeking to implement. In our opinion, as a matter of general law in relation to primary and subordinate legislation, as stated by Lord Mackay of Clashfern LC in Hayward v. Cammell Laird Shipbuilders Ltd (No. 2) [1988] ICR 464, 473, if the Directive is to be regarded as the parent, the child cannot be larger, wider or have greater implications than its parent allows. Accordingly, if the effect of regulation 2(2) of the Regulations of 1981 is to confer a lesser exclusion, and thus a wider benefit, to workers otherwise excluded by the Directive, we consider that the regulation is ultra vires the enabling power, and would require primary legislation as contemplated by article 7 of the Directive (77/187/EEC)." European Communities Act 1972 82(2) 1 Citers Â Simrad Ltd v Scott [1997] IRLR 147 1997 EAT Employment The claimant had decided to change her career and train as a nurse. The employer sought to reduce the compensatory award to reflect the reduced level of earnings. Held: It would not be just and equitable to reduce an award for such a reason, and the compensation should be calculated by reference to her earnings with the employer respondent. Â Hackney London Borough Council v Usher [1997] ICR 705 1997 His Hon. Judge Peter Clarke Employment " it is open to a tribunal to stop a case at half time where a party going first and upon whom the onus lies has clearly failed to establish what he set out to establish. … Thirdly, there have been and will be utterly hopeless or frivolous cases where a tribunal is entitled to halt the proceedings without hearing the other party." 1 Citers Â Clark v BET plc [1997] IRLR 348 1997 Timothy Walker J Contract, Employment The court considered the assessment of damages in a wrongful dismissal case. Held: A simple discretion whether to award a bonus must not be exercised capriciously by an employer. 1 Citers Â British Road Services Ltd v Loughran [1997] IRLR 92 1997 CA Lord Justice Kerr Employment, Discrimination Lord Justice Kerr said: 'Firstly, as I have pointed out, it was the applicant in Enderby [1993] IRLR 591 who first used the expression 'almost exclusively' to refer to the female group. I consider that the Court of Justice was merely reflecting the factual situation which obtained in that case in so stating its conclusion. Secondly, and more importantly, the relevance of the number of females in the group is an indicator of it being traditionally a less well paid group on account of its being composed mainly of women. Logically a group comprising 75% females and 25% males has the capacity to provide such an indication. Whether it does in fact is a matter for the tribunal to decide.' 1 Citers Â Kwik Save Stores Ltd v Swain [1997] ICR 49 1997 EAT Mummery J Employment, Litigation Practice An appellate court whose jurisdiction is limited to matters of law can only interfere where there has been a breach of well-established legal principles such as failing to take account of relevant factors. When considering barring a party for late filing of a document, the absence of a good reason for a response not being entered in time is not, itself, determinative, but that other matters require to be considered by a Tribunal in the exercise of its discretion, including the merits of the defence set against the prejudice to the Claimant, the length of any delay, and the extent of any prejudice to the parties. Mummery J said that if the delay: "is the result of a genuine misunderstanding or an accidental or understandable oversight, the Tribunal may be much more willing to allow the late lodging of a response." The employer appealed against the refusal to extend time for a response under Rule 3. The employer lodged affidavits and exhibits sworn after the Industrial Tribunal Decision, in the EAT. Mummery P said: "We have read some of the correspondence exhibited to the affidavits, but have paid little attention to the contents of the affidavits themselves. As an appeal to this tribunal is only on a question of law, we find difficulty in understanding the basis on which the employers could properly file affidavit evidence on matters which could, and should, have been put before the industrial tribunal chairman on the applications for extensions of time. Reference was made to the decision of this appeal tribunal in Charlton v Charlton Thermosystems (Romsey) Ltd [1995] ICR 56 which sets out a procedure for affidavit evidence by an appellant who has never entered a notice of appearance and is seeking to appeal against a substantive decision on the merits reached adversely to him. In those cases the appeal tribunal laid down a procedure, at p. 60E-H, so that the tribunal could be satisfied that the appellant against the substantive decision had a reasonably arguable defence on the merits, as well as a satisfactory explanation for his failure to enter a notice of appearance or to apply for an extension of time for entering a notice of appearance. If the tribunal were not satisfied on those matters, then the appeal would be dismissed at a preliminary hearing. These cases are not, however, appeals against a substantive decision on the merits. They are appeals against the interlocutory refusal of the chairman to grant an extension of time for serving a notice of appearance before the full hearing on the merits has taken place. In such cases it is incumbent upon the applicant for an extension of time to place all relevant documentary and other factual material before the industrial tribunal in order to explain (a) non-compliance with the Rules and (b) the basis on which it is sought to defend the case on the merits. Depending on the nature and circumstances of the case, that may be done by letter to the tribunal, or by affidavit verifying the factual position or at an oral hearing. The admission of fresh evidence on the hearing of an appeal against the refusal of an extension of time by the industrial tribunal is rarely necessary and is unjustifiable unless the strict requirements of Ladd v Marshall [1954] 1 WLR 1489 are satisfied: see Wileman v Manilec Engineering Ltd [1988] ICR 318." Industrial Tribunal Rules 1993 3 1 Cites 1 Citers Â A v Company B Ltd [1997] IRLR 405 1997 Sir Richard Scott VC Employment The plaintiff had been called in and dismissed without being given any opportunity to defend himself. The company admitted unfair dismissal. Held: Sir Richard Scott VC said: "I have to say that it seems to me grossly unfair that an employee should be dismissed for gross misconduct without being given any opportunity, any chance at all, of meeting the evidently serious allegations that had been made against him. Indeed, as an example of employment practice it seems to me outrageous." 1 Citers Â McConnell v Police Authority for Northern Ireland [1997] IRLR 625 1997 Lord Chief Justice Carswell Employment, Damages An award of aggravated damages should not be an extra sum over and above the sum which the Tribunal of fact considers appropriate compensation for the injury to the claimants feelings, and that aggravated damages should not be treated as an extra award which reflects a degree of punishment of a respondent for its behaviour. The right course was to arrive at a figure which included whatever sum was thought to be appropriate by way of aggravated damages in order to reflect the sum for injury to feelings. 1 Citers Â Â Armitage Marsden and HM Prison Service v Johnson; EAT 1997 - [1997] IRLR 162; [1997] ICR 275 Â Oomen v Immigration Advisory Service [1997] ICR 683 1997 Employment 1 Citers Â Fisher v California Cake and Cookie Co [1997] IRLR 568 1997 Lord Johnston Employment Lord Johnston considered the approach to be taken under section 98A: "In seeking to resolve this matter, it is necessary to make two observations of a general nature. In the first place, when an industrial tribunal is addressing the question in the context of remedy, against a background of procedural unfairness, whether a fair procedure if it had been adopted would have achieved the same result, ie dismissal, the tribunal is always addressing itself to a hypothetical question since dismissal has in fact occurred. The role of the tribunal in this narrow context does not bear upon its general role to determine the reasonableness of dismissal, where it has been frequently said that the tribunal should not conduct what amounts to an independent investigation and reach its own conclusions. In this context, it must conduct an investigation by acceptable evidence to achieve an answer to the hypothetical question, and the only decision can be that of its own. Secondly, it is necessary in addressing this issue, assuming the tribunal determines that the evidence at least supports the position that dismissal would have occurred in any event, that the tribunal thereafter address that question as a matter of probability, to be assessed in percentage terms. In many cases, failure to address the secondary question of assessment of probable risk will render a tribunal's approach flawed. However, if it does make an assessment upon the evidence, that is a question of fact which would rarely be interfered with by this tribunal." Employment Rights Act 1996 98A(2) 1 Citers Â Regina v Essex County Council, ex parte EB [1997] ELR 327 1997 McCullough J Employment, Litigation Practice It was wrong to require a plaintiff to begin a claim in the employment tribunal where the possible remedies in the County Court were greater or different. 1 Citers Â British Equity v Goring [1997] ICR 393 1997 CA Roskill LJ Employment Roskill LJ considered the 'inelegant draftsmanship' of a trades union's rules, saying: "Some reliance was placed upon the differing and somewhat indiscriminate use of words such as "motion," "resolution" and "questions" in the various rules as suggesting that different results were intended to follow according to which word was chosen. If one could discern any coherent or logical pattern in the choice of any of those words, this argument would have force, for the same words should, if possible, be given the same meaning throughout the rules and, when a different word is used, one would be disposed to think, prima facie at any rate, that it was deliberately used to convey a different meaning from that which another word would give. But I do not think that is so. The different use, as I venture to think, is attributable in the case of these rules rather to untidy draftsmanship than to meticulous choice of language." 1 Citers Â Â Fleming v Secretary of State for Trade and Industry; IHCS 1997 - [1997] IRLR 682 Â Scottish Midland Co-operative Soc Ltd v Cullion [1997] IRLR 261 1997 Employment, Scotland 1 Citers Â Parkinson v March Consulting Ltd Times, 09 January 1997 9 Jan 1997 CA Employment Reason for dismissal must be assessed in context of the date notice given. Employment Rights Act 1996 98 Â Â Rutten v Cross Medical; ECJ 9-Jan-1997 - Times, 27 January 1997; [1997] ILPr 199; [1997] ECR I-57; C-383/95; [1997] EUECJ C-383/95; [1997] IRLR 249,; [1997] ICR 715; [1997] All ER (EC) 121 Â Secretary of State for Trade and Industry v Bottrill [1997] UKEAT 516_97_1201; [1998] IRLR 120; [1998] ICR 564 12 Jan 1997 EAT Employment EAT Whether, and, if so, in what circumstances, a director and controlling shareholder of an insolvent company may recover from the Secretary of State for Trade and Industry payments in respect of debts falling within section 184 of the Employment Rights Act. Employment Rights Act 1996 184 [ Bailii ] Â London Underground Ltd v Edwards [1997] UKEAT 16_96_1301 13 Jan 1997 EAT Morison P J Employment, Discrimination 1 Cites 1 Citers [ Bailii ] Â Post Office v Hogan [1997] UKEAT 1309_97_1301 13 Jan 1997 EAT Employment [ Bailii ] Â Clode v Department of Social Security [1997] UKEAT 781_96_1301 13 Jan 1997 EAT Employment [ Bailii ] Â Ferodo Caernarfon Ltd v Owen [1997] UKEAT 262_96_1301 13 Jan 1997 EAT Employment [ Bailii ] Â Gbadebo v Department of Environment [1997] UKEAT 658_96_1301 13 Jan 1997 EAT Employment [ Bailii ] Â Williams v Wrexham Maelor Hospital NHS Trust [1997] UKEAT 1062_96_1301 13 Jan 1997 EAT Employment [ Bailii ] Â Refuge Assurance Plc v Leonard [1997] UKEAT 665_96_1301 13 Jan 1997 EAT Employment [ Bailii ] Â Save and Prosper Group Ltd v Sequeira [1997] UKEAT 1080_95_1301 13 Jan 1997 EAT Employment 1 Cites [ Bailii ] Â Ullah v Celmec Ltd [1997] UKEAT 765_96_1401 14 Jan 1997 EAT Employment [ Bailii ] Â Singh v Walsall Metropolitan Borough Council [1997] UKEAT 1360_95_1401 14 Jan 1997 EAT Employment [ Bailii ] Â Osajie v London Borough of Camden [1997] UKEAT 317_96_1401 14 Jan 1997 EAT Employment [ Bailii ] Â Major v Mid Sussex Housing Association [1997] UKEAT 1190_97_1401 14 Jan 1997 EAT Employment [ Bailii ] Â Legal Protection Group v Elliott [1997] UKEAT 1393_96_1501 15 Jan 1997 EAT Employment [ Bailii ] Â Broudie and Another v Khan [1997] UKEAT 1_97_1501 15 Jan 1997 EAT Employment [ Bailii ] Â Morris v Pizza Hut (Uk) Ltd [1997] UKEAT 1069_96_1501 15 Jan 1997 EAT Employment [ Bailii ] Â Sharma v The Hindu Temple [1997] UKEAT 740_96_1501 15 Jan 1997 EAT Employment 1 Cites [ Bailii ] Â Burrows v Tibbett and Britton Ltd [1997] UKEAT 37_96_1501 15 Jan 1997 EAT Employment [ Bailii ] Â Taylorplan Services Ltd v Shwartzberg [1997] UKEAT 1094_95_1601 16 Jan 1997 EAT Employment [ Bailii ] Â Dougland Support Services Ltd v Englefield [1997] UKEAT 1072_96_1601 16 Jan 1997 EAT Employment [ Bailii ] Â Rashid v Islington Council and Another [1997] UKEAT 45_96_1601 16 Jan 1997 EAT Employment [ Bailii ] Â Jones v Burdett Coutts School [1997] UKEAT 247_96_1601 16 Jan 1997 EAT Employment 1 Citers [ Bailii ] Â Nevatt v Broadreach Centre [1997] UKEAT 1087_96_1601 16 Jan 1997 EAT Employment [ Bailii ] Â Roberts v British Railways Board [1997] UKEAT 648_96_1601 16 Jan 1997 EAT Employment [ Bailii ] Â Â G C Connolly v Sellers Arenascene Limited; CA 17-Jan-1997 - [1997] EWCA Civ 800 Â Cooper v A E Hobson and Son Ltd [1997] UKEAT 522_96_1701 17 Jan 1997 EAT Employment [ Bailii ] Â Stevens v A M P and Another [1997] UKEAT 382_96_1701 17 Jan 1997 EAT Employment [ Bailii ] Â Compair Holman Ltd v Evans [1997] UKEAT 832_96_1701 17 Jan 1997 EAT Employment 1 Cites [ Bailii ] Â Secretary of State for Trade and Industry v Williamson and others [1997] UKEAT 628_96_2001 20 Jan 1997 EAT Employment [ Bailii ] Â Pitts v Tennant Maintenance Systems Ltd and Another [1997] UKEAT 285_96_2001 20 Jan 1997 EAT Employment [ Bailii ] Â Gardline Infotec v Gossens [1997] UKEAT 723_96_2001 20 Jan 1997 EAT Employment [ Bailii ] Â G Costa and Co Ltd v Hlad [1997] UKEAT 756_96_2001 20 Jan 1997 EAT Employment [ Bailii ] Â Bryant v The Housing Corporation [1997] UKEAT 780_96_2001 20 Jan 1997 EAT Morison J P Employment 1 Citers [ Bailii ] Â Dhami v Employment Service [1997] UKEAT 573_96_2101 21 Jan 1997 EAT Employment [ Bailii ] Â Fennell v Royal Mail [1997] UKEAT 1100_96_2101 21 Jan 1997 EAT Employment [ Bailii ] Â Smith v Siddall and Hilton (Springs) Ltd [1997] UKEAT 518_96_2101 21 Jan 1997 EAT Employment [ Bailii ] Â Ralston v Liverpool City Council [1997] UKEAT 1024_96_2101 21 Jan 1997 EAT Employment [ Bailii ] Â Merton and Sutton Community NHS Trust v Cook [1997] UKEAT 721_95_2101 21 Jan 1997 EAT Employment [ Bailii ] Â Ludford v Connex South Eastern Ltd [1997] UKEAT 982_95_2201 22 Jan 1997 EAT Employment [ Bailii ] Â Evans v Superdrug Plc [1997] UKEAT 1199_96_2201 22 Jan 1997 EAT Employment [ Bailii ] Â Garner v Withnell Parish Council [1997] UKEAT 32_97_2201 22 Jan 1997 EAT Employment [ Bailii ] Â Grundie v More O'Ferrall Plc [1997] UKEAT 1101_95_2201 22 Jan 1997 EAT Employment [ Bailii ] Â Harrison v Brookway Transport Co Ltd [1997] UKEAT 1307_96_2201 22 Jan 1997 EAT Employment [ Bailii ] Â Cheverton v Sefton Metropolitan Borough Council [1997] UKEAT 810_96_2201 22 Jan 1997 EAT Employment [ Bailii ] Â Ramanah v East Surrey Health Authority [1997] UKEAT 499_96_2301 23 Jan 1997 EAT Employment [ Bailii ] Â Page v Nationwide Joinery Contractors Ltd [1997] UKEAT 999_96_2301 23 Jan 1997 EAT Employment [ Bailii ] Â Mugford v Midland Bank Plc [1997] UKEAT 760_96_2301; [1997] IRLR 208; [1997] ICR 399 23 Jan 1997 EAT Judge Peter Clark Employment, Discrimination The court considered the test for reasonableness in a procedure for selection for redundancy. Peter Clarke J said: "As to whether a reasonable employer would or would not consult with an individual employee is, it seems to us, essentially a question of fact for the industrial jury, properly directing itself." and "It is in these circumstances that consultation between the employer and individuals identified for redundancy becomes important. It should normally take place before a final decision to dismiss is reached. It gives the employee an opportunity to put his case to the manager carrying out the selection, so that the latter may reach a fully informed decision." He summarised the authorities: "Where no consultation about redundancy has taken place with either the trade union or the employee the dismissal will normally be unfair, unless the industrial tribunal finds that a reasonable employer would have concluded that consultation would be an utterly futile exercise in the particular circumstances of the case . . It will be a question of fact and degree for the industrial tribunal to consider whether consultation with the individual and/or his union was so inadequate as to render the dismissal unfair. A lack of consultation in any particular respect will not automatically lead to that result. The overall picture must be viewed by the tribunal up to the date of termination to ascertain whether the employer has or has not acted reasonably in dismissing the employee on the grounds of redundancy." 1 Cites 1 Citers [ Bailii ] Â London Borough of Southwark v Savona [1997] UKEAT 606_95_2301 23 Jan 1997 EAT Employment [ Bailii ] Â Fissler v Kay Transport Ltd [1997] UKEAT 967_96_2301 23 Jan 1997 EAT Employment [ Bailii ] Â Lawson v Allied Schools [1997] UKEAT 1185_97_2301 23 Jan 1997 EAT Employment [ Bailii ] Â Iqbal v Surridge Dawson Ltd [1997] UKEAT 1148_97_2301 23 Jan 1997 EAT Employment [ Bailii ] Â Edwards v Derby City Council [1997] UKEAT 1353_97_2301 23 Jan 1997 EAT Employment [ Bailii ] Â London Underground Ltd v Fitzgerald [1997] UKEAT 1403_96_2301 23 Jan 1997 EAT Employment [ Bailii ] Â Banham Patent Locks Ltd v Williams [1997] UKEAT 1043_96_2301 23 Jan 1997 EAT Employment [ Bailii ] Â Hellman International Forwarders Ltd v Cooper [1997] UKEAT 1040_96_2401 24 Jan 1997 EAT Employment [ Bailii ] Â Butler v Buckinghamshire County Council and Another [1997] UKEAT 15_96_2401 24 Jan 1997 EAT Employment [ Bailii ] Â Graham v Boots the Chemists Ltd [1997] UKEAT 819_96_2401 24 Jan 1997 EAT Employment 1 Cites [ Bailii ] Â P and O Property Holding Ltd v Allen and others [1997] UKEAT 767_96_2401 24 Jan 1997 EAT Employment [ Bailii ] Â Safeway Stores Plc v Burrell [1997] UKEAT 168_96_2401; [1997] IRLR 200; [1997] ICR 523 24 Jan 1997 EAT Employment The tribunal set out the test for whether a dismissal was for redundancy: "Free of authority, we understand the statutory framework . . involve a three-stage process: (1) was the employee dismissed: If so, (2) had the requirements of the employer's business for employees to carry out work of a particular kind ceased or diminished, or where they expected to cease or diminish? If so, (3) was the dismissal of the employee . . caused wholly or mainly by the state of affairs identified at stage 2 above." and 'There may be a number of underlying causes leading to a true redundancy situation; our stage 2. There may be a need for economies; a reorganisation in the interests of efficiency; a reduction in production requirements; unilateral changes in the employees' terms and conditions of employment. None of these factors are themselves determinative of the stage 2 question. The only question to be asked is was there a diminution/cessation in the employer's requirement for employees to carry out work of a particular kind, or an expectation of such cessation/diminution in the future [redundancy]? At this stage it is irrelevant to consider the terms of the employee's contract of employment. That will only be relevant, if at all, at stage 3 (assuming there is a dismissal). (2) At stage 3 the tribunal is concerned with causation. Was the dismissal attributable wholly or mainly to the redundancy?' 1 Citers [ Bailii ] Â Shah v Chemical Bank [1997] UKEAT 770_96_2701 27 Jan 1997 EAT Employment [ Bailii ] Â Superdrug Stores Plc v Fannon [1997] UKEAT 1190_96_2701 27 Jan 1997 EAT Employment 1 Cites [ Bailii ] Â Post Office v Martin [1997] UKEAT 952_96_2701 27 Jan 1997 EAT Employment [ Bailii ] Â Corp v Essex County Council [1997] UKEAT 823_96_2701 27 Jan 1997 EAT Employment [ Bailii ] Â Helston Motor Company Ltd v Sercombe [1997] UKEAT 1361_97_2701 27 Jan 1997 EAT Employment [ Bailii ] Â Aiken Ltd v Wilton and Another [1997] UKEAT 1085_96_2701 27 Jan 1997 EAT Employment [ Bailii ] Â Askew v Hare Wine and Minerals Ltd [1997] UKEAT 1134_96_2701 27 Jan 1997 EAT Employment [ Bailii ] Â James v Wesleyan Assurance Society Ltd [1997] UKEAT 1330_95_2701 27 Jan 1997 EAT Employment [ Bailii ] Â Hawkins v Thames Cleaning [1997] UKEAT 297_96_2701 27 Jan 1997 EAT Employment [ Bailii ] Â Vickerstaff v Edbro Plc [1997] EWCA Civ 859 28 Jan 1997 CA Waite LJ, Singer J Employment The appellant's employment had terminated in circumstances where he had threatened to publicise matters about the defendant's activities, but had failed to co-operate with the company in investigating his allegations by particularising them. Held. The appeals were misconceived and bound to fail. Leave to appeal was refused. 1 Cites 1 Citers [ Bailii ] Â P v S and Another [1997] UKEAT 124_97_2801 28 Jan 1997 EAT Employment [ Bailii ] Â Gill v Borough of Reigate and Banstead [1997] UKEAT 915_96_2801 28 Jan 1997 EAT Employment [ Bailii ] Â Quintin Cleaning and Support Services v Uwudiale [1997] UKEAT 958_96_2801 28 Jan 1997 EAT Employment [ Bailii ] Â Centreprise Trust Ltd v Barklem [1997] UKEAT 751_96_2801 28 Jan 1997 EAT Employment [ Bailii ] Â Scentene Ltd (T/A Shirley View Nursing Home) v Celis [1997] UKEAT 805_96_2801 28 Jan 1997 EAT Employment [ Bailii ] Â Sheridan v GPT Communication Systems Ltd [1997] UKEAT 881_96_2801 28 Jan 1997 EAT Employment [ Bailii ] Â Chuttoo v Greenwich Healthcare NHS Trust [1997] UKEAT 653_96_2801 28 Jan 1997 EAT Employment [ Bailii ] Â Flexsys Ltd v Nolan [1997] UKEAT 879_96_2801 28 Jan 1997 EAT Employment [ Bailii ] Â Crowns Worthing Ltd v Spencer [1997] UKEAT 1165_96_2901 29 Jan 1997 EAT Employment [ Bailii ] Â Laing v Department of Social Security and Another [1997] UKEAT 1004_96_2901 29 Jan 1997 EAT Employment [ Bailii ] Â Mistlin v Hounslow Law Centre Ltd [1997] UKEAT 652_96_2901 29 Jan 1997 EAT Employment [ Bailii ] Â Mundell v Knoll Pharmaceuticals [1997] UKEAT 811_96_2901 29 Jan 1997 EAT Employment [ Bailii ] Â Addoo v Newham Healthcare NHS Trust [1997] UKEAT 630_96_2901 29 Jan 1997 EAT Employment 1 Cites 1 Citers [ Bailii ] Â Motor Auctions (Leeds) Ltd v Dyson and Another [1997] UKEAT 739_96_2901 29 Jan 1997 EAT Employment [ Bailii ] Â Tetrosyl Ltd v Keating [1997] UKEAT 926_96_2901 29 Jan 1997 EAT Employment [ Bailii ] Â Dragon Security UK v Batey [1997] UKEAT 131_96_2901 29 Jan 1997 EAT Employment [ Bailii ] Â Radford v Brecknock Borough Council [1997] UKEAT 965_96_2901 29 Jan 1997 EAT Employment [ Bailii ] Â Â Carmichael and Lesse v National Power Plc; CA 29-Jan-1997 - Times, 02 April 1998; Gazette, 13 May 1998; [1997] EWCA Civ 871; [1999] ICR 1226; [1998] EWCA Civ 558; [2000] IRLR 43 Â Mccaul and Another v Oliver Donnelly and Co Ltd [1997] UKEAT 1065_95_2901 29 Jan 1997 EAT Employment [ Bailii ] Â Brill v John Crilley Ltd [1997] UKEAT 973_97_3001 30 Jan 1997 EAT Employment [ Bailii ] Â Omakobia v Hilton International Hotels UK Ltd [1997] UKEAT 960_96_3001 30 Jan 1997 EAT Employment [ Bailii ] Â Rhouila v Taylorplan Services Ltd [1997] UKEAT 298_96_3001 30 Jan 1997 EAT Employment [ Bailii ] Â Verma v Medway NHS Trust and Another [1997] UKEAT 143_97_3001 30 Jan 1997 EAT Employment [ Bailii ] Â Kemac Engineering Co (Braintree) Ltd v Goldsmith [1997] UKEAT 870_96_3001 30 Jan 1997 EAT Employment [ Bailii ] Â Heron v George Habbershaw Ltd (T/A Habbershaws) [1997] UKEAT 1193_96_3001 30 Jan 1997 EAT Employment [ Bailii ] Â De Souza v Automobile Association [1997] UKEAT 1349_96_3101 31 Jan 1997 EAT Employment 1 Cites 1 Citers [ Bailii ] Â St Mary Newington United Charities v Nolan [1997] UKEAT 1077_96_3101 31 Jan 1997 EAT Employment [ Bailii ] Â Smith v London Borough of Lambeth and others [1997] UKEAT 1009_96_3101 31 Jan 1997 EAT Employment [ Bailii ] Â National Federation of Self Employed and Small Businesses Ltd v Philpott Times, 13 February 1997; [1997] UKEAT 787_96_3101 31 Jan 1997 EAT Employment, Discrimination The federation, an organisation supporting and promoting the interests of small firms, is 'an employers organisation' for sex discrimination purposes. Sex Discrimination Act 1975 12 [ Bailii ] Â Hammer Film Productions Ltd v Wilder [1997] UKEAT 893_96_0302 3 Feb 1997 EAT Employment [ Bailii ] Â London Borough of Lambeth v UCATT and Another [1997] UKEAT 115_96_0302 3 Feb 1997 EAT Employment [ Bailii ] Â Regina v Governing Body of Royds Hall High School ex parte Johnson [1997] EWHC Admin 99 3 Feb 1997 Admn Ognall J Employment [ Bailii ] Â Lardier v British Gas Research and Technology Plc [1997] UKEAT 45_97_0302 3 Feb 1997 EAT Employment 1 Citers [ Bailii ] Â Ganendran v Kentucky Fried Chicken (Gb) Ltd [1997] UKEAT 528_96_0402 4 Feb 1997 EAT Employment [ Bailii ] Â South West Train Co Ltd v Weimer [1997] UKEAT 1091_96_0402 4 Feb 1997 EAT Employment [ Bailii ] Â Compass Services (Uk) Ltd v Offord [1997] UKEAT 140_97_0402 4 Feb 1997 EAT Employment [ Bailii ] Â Burns v Turboflex Ltd [1997] UKEAT 377_96_0402 4 Feb 1997 EAT Employment [ Bailii ] Â Thompson and others v Walon Car Delivery and Another [1997] UKEAT 256_96_0502 5 Feb 1997 EAT Employment [ Bailii ] Â Garrett v London Borough of Camden [1997] EWCA Civ 941 5 Feb 1997 CA Employment, Personal Injury, Costs 1 Citers [ Bailii ] Â Fairnington v Hbo and Co (Uk) Ltd [1997] UKEAT 291_96_0502 5 Feb 1997 EAT Employment [ Bailii ] Â Hamm v Wear Valley District Council [1997] UKEAT 1109_96_0502 5 Feb 1997 EAT Employment [ Bailii ] Â Hamm v Wear Valley District Council [1997] UKEAT 777_96_0502 5 Feb 1997 EAT Employment [ Bailii ] Â Riniker v University College London [1997] UKEAT 962_95_0502 5 Feb 1997 EAT Employment 1 Cites 1 Citers [ Bailii ] Â Marsland v Shropshire Mental Health NHS Trust [1997] UKEAT 764_96_0502 5 Feb 1997 EAT Employment [ Bailii ] Â Hughes v Boral Edenhall Concrete Products Ltd [1997] UKEAT 1146_96_0502 5 Feb 1997 EAT Employment [ Bailii ] Â Redif v Ermis Import/Export Ltd [1997] UKEAT 1093_96_0602 6 Feb 1997 EAT Employment [ Bailii ] Â Mason v Home Shopping Network (Uk) Ltd and Another [1997] UKEAT 1244_96_0602 6 Feb 1997 EAT Employment [ Bailii ] Â Jackson v Birmingham City Council [1997] UKEAT 688_96_0602 6 Feb 1997 EAT Employment [ Bailii ] Â Wincanton Ltd v Allen [1997] UKEAT 1246_95_0602 6 Feb 1997 EAT Employment [ Bailii ] Â Witheridge v Sun Alliance and London Insurance Plc [1997] UKEAT 144_96_0602 6 Feb 1997 EAT Employment 1 Cites [ Bailii ] Â Glynn and Another v DVLA [1997] UKEAT 481_96_0702 7 Feb 1997 EAT Employment [ Bailii ] Â Buckwen Electro Platers v Baker [1997] UKEAT 1233_96_0702 7 Feb 1997 EAT Employment [ Bailii ] Â Zeneca Ltd v John [1997] UKEAT 149_96_0702 7 Feb 1997 EAT Employment [ Bailii ] Â Ayovuare v London Borough of Islington [1997] UKEAT 966_96_0702 7 Feb 1997 EAT Employment [ Bailii ] Â Ndazi v East Surrey Hospital NHS Trust [1997] UKEAT 257_96_0702 7 Feb 1997 EAT Employment [ Bailii ] Â Colne Valley Spinning Co Ltd v Francique [1997] UKEAT 254_96_0702 7 Feb 1997 EAT Employment [ Bailii ] Â Smithkline Beecham Plc v Johnston and others [1997] UKEAT 559_96_0702 7 Feb 1997 EAT Employment [ Bailii ] Â Â Wallace Bogan and Co v Cove and others; CA 7-Feb-1997 - [1997] EWCA Civ 973; [1997] IRLR 453 Â Evans v Prudential Assurance Company Ltd [1997] UKEAT 1334_96_0702 7 Feb 1997 EAT Employment [ Bailii ] Â B T Rolatruc Ltd v Elvin [1997] UKEAT 1358_96_0702 7 Feb 1997 EAT Employment [ Bailii ] Â Doran v Whitbread Plc (T/A Bowland Inns) [1997] UKEAT 853_95_1002 10 Feb 1997 EAT Employment [ Bailii ] Â Sofola v Shorrock Guards Ltd [1997] UKEAT 1071_96_1002 10 Feb 1997 EAT Employment [ Bailii ] Â Nejad v London Borough of Brent [1997] UKEAT 1089_96_1002 10 Feb 1997 EAT Employment [ Bailii ] Â Montgomery v The Islington Motor Co Ltd (T/A Highbury Ford) [1997] UKEAT 1262_96_1002 10 Feb 1997 EAT Employment [ Bailii ] Â French v Brown Mason Ltd [1997] UKEAT 1019_96_1002 10 Feb 1997 EAT Employment [ Bailii ] Â Superclean Services v Douglas and Another [1997] UKEAT 692_97_1002 10 Feb 1997 EAT Employment [ Bailii ] Â Tailor (T/A Tika Chicken Centre) v Karki [1997] UKEAT 1195_96_1002 10 Feb 1997 EAT Employment [ Bailii ] Â Teidy v London Borough of Islington [1997] UKEAT 982_96_1002 10 Feb 1997 EAT Employment [ Bailii ] Â Wallace v R F Electronic Controls Ltd [1997] UKEAT 937_96_1002 10 Feb 1997 EAT Employment [ Bailii ] Â European Airways Ltd v Wright [1997] UKEAT 1256_96_1102 11 Feb 1997 EAT Employment [ Bailii ] Â Hayden v Coax Connectors Ltd [1997] UKEAT 1373_96_1102 11 Feb 1997 EAT Employment [ Bailii ] Â Texaco Ltd and Another v Patel [1997] UKEAT 1318_96_1102 11 Feb 1997 EAT Employment [ Bailii ] Â Buckinger (T/A on Yer Bike) v Scott [1997] UKEAT 1020_96_1102 11 Feb 1997 EAT Employment [ Bailii ] Â Hewitt v Silverstone Driving Centre [1997] UKEAT 1182_96_1102 11 Feb 1997 EAT Employment [ Bailii ] Â Southall and others v B P Chemicals Limited [1997] UKEAT 987_95_1102 11 Feb 1997 EAT Employment [ Bailii ] Â Patel v Bowbridge Dyeworks Ltd [1997] UKEAT 420_96_1202 12 Feb 1997 EAT Employment [ Bailii ] Â Connolly v Friends Provident Life Office [1997] UKEAT 907_96_1202 12 Feb 1997 EAT Employment [ Bailii ] Â Thompson v Environmental Services Group Ltd [1997] UKEAT 206_97_1202 12 Feb 1997 EAT Employment [ Bailii ] Â Fowlers Depositories (Morecambe and Heysham) Ltd v Dixon [1997] UKEAT 1377_96_1302 13 Feb 1997 EAT Employment [ Bailii ] Â Burke v Royal Liverpool University Hospital NHS Trust [1997] UKEAT 1164_96_1302; [1997] ICR 730 13 Feb 1997 EAT Morison J P Employment Morison J observed that collective agreements should not be examined through the eyes of a lawyer: custom and practice plays a considerable part in the way that these arrangements are made. 1 Citers [ Bailii ] Â Scott v Carter Refrigeration and Retail Ltd [1997] UKEAT 52_96_1302 13 Feb 1997 EAT Employment [ Bailii ] Â Lowerson v Pembroke Hotel [1997] UKEAT 1252_96_1402 14 Feb 1997 EAT Employment [ Bailii ] Â Lowerson v the Post Office [1997] UKEAT 1363_96_1402 14 Feb 1997 EAT Employment [ Bailii ] Â Fletcher v Panorama Kitchens [1997] UKEAT 1308_96_1402 14 Feb 1997 EAT Employment [ Bailii ] Â Patel v the Post Office [1997] UKEAT 1138_96_1402 14 Feb 1997 EAT Employment [ Bailii ] Â Pugh v Guide Pensions and Insurance Ltd [1997] UKEAT 215_97_1402 14 Feb 1997 EAT Employment [ Bailii ] Â Cussons v East Lindsey District Council [1997] UKEAT 1181_96_1402 14 Feb 1997 EAT Employment [ Bailii ] Â Â Bainbridge v Circuit Foil UK Ltd; CA 14-Feb-1997 - Times, 26 February 1997; [1997] EWCA Civ 1016 Â Cleaning Co-Operative v Luguterah [1997] UKEAT 1227_96_1402 14 Feb 1997 EAT Employment [ Bailii ] Â Rainham Foods Ltd v Senver [1997] UKEAT 1191_96_1402 14 Feb 1997 EAT Employment [ Bailii ] Â Gentle and others v Perkins Group Ltd [1997] UKEAT 1094_96_1702 17 Feb 1997 EAT Employment [ Bailii ] Â London Borough of Southwark v Biddulph [1997] UKEAT 985_96_1702 17 Feb 1997 EAT Employment [ Bailii ] Â Glendale Industries Ltd v Canavan and others [1997] UKEAT 1101_96_1702 17 Feb 1997 EAT Employment [ Bailii ] Â A v B and Another [1997] UKEAT 220_97_1802 18 Feb 1997 EAT Employment, Discrimination The respondents appealed against a finding of unlawful sex discrimination. The claimant had been seeking psychotherapy, and the defendant sought discovery of her therapy history. Held: The notes may have been relevant, and an order should have been made for their disclosure. Employment Appeal Tribunal Rules 1993 1 Cites [ Bailii ] Â Caldy Manor Residential Home Ltd (In Administrative Receivership) v Allen [1997] UKEAT 867_96_1802 18 Feb 1997 EAT Employment [ Bailii ] Â Kramer v South Bedfordshire Community Healthcare Trust [1997] UKEAT 828_96_1802 18 Feb 1997 EAT Employment [ Bailii ] Â C James and Sons v Puglia [1997] EWCA Civ 1051 19 Feb 1997 CA Employment, Housing 1 Cites [ Bailii ] Â Cleveland Ambulance National Health Service Trust v Blane Times, 04 March 1997; [1997] ICR 851; [1997] UKEAT 1046_96_1902 19 Feb 1997 EAT Judge Peter Clark Employment, Damages An Industrial Tribunal can award damages for injured feelings on a complaint of action which fell short of a dismissal. Held: Judge Peter Clark said: "It is nothing to the point that an award for injury to feelings cannot be recovered in a wrongful dismissal or unfair dismissal claim. They are different claims, compensated in different ways. We do not accept that a complaint under section 146(1) of the Act of 1992 can simply be categorised as less serious and therefore cannot allow of a head of compensation not provided for in claims of unfair dismissal or wrongful dismissal. Apart from the different wording of the section, the intention behind it is clear; an employee who is unfairly dismissed would normally suffer pecuniary loss, and that, Parliament has decided, will adequately compensate him for the wrong. In a case of action short of dismissal it may very well be that he can point to no pecuniary loss; nevertheless, Parliament has decided that he should be able to recover financial compensation "having regard to the infringement complained of". That must, in our judgment, include injury to his feelings occasioned by the unlawful act." Trade Union and Labour Relations (Consolidation) Act 1992 149(2) 1 Cites 1 Citers [ Bailii ] Â Caine v British Gas Plc [1997] UKEAT 1171_96_1902 19 Feb 1997 EAT Employment [ Bailii ] Â Michael Iwaniukowicz v Harvey Nichols [1997] EWCA Civ 1050 19 Feb 1997 CA Employment The claimant sought leave to appeal out of time. He had been asked to produce for the court the usual bundles of documents. However he had failed to do so. Held: The application had no prospect of success. In such very clear circumstances, rather than putting an appellant to such trouble, the court could of its own motion dismiss the claim summarily. [ Bailii ] Â Adoko v Jemal [1997] UKEAT 1263_96_1902 19 Feb 1997 EAT Employment [ Bailii ] Â Mason v Maxi Haulage Ltd [1997] UKEAT 974_96_1902 19 Feb 1997 EAT Employment [ Bailii ] Â Rajah v South Manchester NHS Trust and others [1997] UKEAT 1259_96_1902 19 Feb 1997 EAT Employment [ Bailii ] Â Kane v Greater Manchester Buses North Ltd [1997] UKEAT 1346_96_1902 19 Feb 1997 EAT Employment [ Bailii ] Â Grosvenor on the Park Ltd v Mckenna [1997] UKEAT 1067_96_1902 19 Feb 1997 EAT Butter QQC HHJ Employment [ Bailii ] Â Plaskett v William Jacks Services Ltd [1997] UKEAT 1462_96_1902 19 Feb 1997 EAT Employment [ Bailii ] Â Horne v British Telecommunications Plc and Another [1997] UKEAT 427_96_2002 20 Feb 1997 EAT Employment [ Bailii ] Â Graham Group Plc v Garratt [1997] UKEAT 161_97_2002 20 Feb 1997 EAT Employment [ Bailii ] Â Hitt v Lightning Despatch Ltd [1997] UKEAT 210_97_2002 20 Feb 1997 EAT Butter QC Employment Application for order to Tribunal chairman to produce his notes of Evidence. Held: The court would have been ready to cut through the requirements established in Webb and the relevant Practice Note if that were required to do justice to the appellant, but that was not so. Employment Protection (Consolidation) Act 1978 57A 1 Cites [ Bailii ] Â Egan (T/A Roe Acre Service Station) v Crompton [1997] UKEAT 1409_96_2002 20 Feb 1997 EAT Employment [ Bailii ] Â Oxford, Swindon and Gloucester Co-Operative Society v Berezny [1997] UKEAT 512_96_2102 21 Feb 1997 EAT Employment [ Bailii ] Â Wm Morrison Supermarkets Plc v Talbot [1997] UKEAT 237_96_2102 21 Feb 1997 EAT Employment [ Bailii ] Â Jones v Hm Coastguard [1997] UKEAT 661_96_2102 21 Feb 1997 EAT Employment [ Bailii ] Â London Borough of Brent v Philip [1997] UKEAT 168_95_2102 21 Feb 1997 EAT Employment [ Bailii ] Â Greater Manchester Buses North v Heyes [1997] UKEAT 645_96_2102 21 Feb 1997 EAT Employment [ Bailii ] Â Hellmich (Uk) Ltd v Edwards [1997] UKEAT 925_96_2402 24 Feb 1997 EAT Employment [ Bailii ] Â British Steel Plc v Din [1997] UKEAT 54_96_2402 24 Feb 1997 EAT Employment [ Bailii ] Â Leofric Enterprise Plc v Mumby and Another [1997] UKEAT 308_96_2402 24 Feb 1997 EAT Employment [ Bailii ] Â Iqbal v the Oxford Bus Co [1997] UKEAT 372_96_2502 25 Feb 1997 EAT Employment [ Bailii ] Â Morrison v Temple Grove With St Nicholas School [1997] UKEAT 804_96_2502 25 Feb 1997 EAT Employment [ Bailii ] Â Haydock v Dewsbury Civil Engineering Co Ltd [1997] UKEAT 1197_96_2602 26 Feb 1997 EAT Employment [ Bailii ] Â Magas v London Borough of Haringey [1997] UKEAT 1362_96_2602 26 Feb 1997 EAT Employment [ Bailii ] Â Lane v Unison [1997] UKEAT 1341_96_2602 26 Feb 1997 EAT Employment 1 Cites 1 Citers [ Bailii ] Â Pearl Assurance Plc v Manufacturing Science and Finance [1997] UKEAT 1162_96_2602 26 Feb 1997 EAT Employment [ Bailii ] Â Dench v Fynn and Partners (A Firm) [1997] UKEAT 107_97_2602 26 Feb 1997 EAT Pugsley D J Employment Preliminary hearing to see if there is an arguable issue of law arising out of the Tribunal decision. 1 Citers [ Bailii ] Â Freeman v Unisys Payment Services Ltd [1997] UKEAT 1280_96_2602 26 Feb 1997 EAT Employment [ Bailii ] Â Edusei v Ledwith and Another [1997] UKEAT 1326_95_2702 27 Feb 1997 EAT Employment [ Bailii ] Â Cooper v City of Liverpool Community College [1997] UKEAT 1325_96_2702 27 Feb 1997 EAT Employment [ Bailii ] Â Henry v Riverside Mental Health NHS Trust [1997] UKEAT 1010_96_2702 27 Feb 1997 EAT Employment [ Bailii ] Â Boorman v Dorsett and Another [1997] UKEAT 1368_96_2802 28 Feb 1997 EAT Employment [ Bailii ] Â O'Connor v St Philomena's Schools [1997] UKEAT 1356_96_2802 28 Feb 1997 EAT Employment [ Bailii ] Â Abdul v Meashams of Greenford Ltd [1997] UKEAT 1209_95_2802 28 Feb 1997 EAT Employment [ Bailii ] Â Kay (T/A Direct Sales Agency) v Newcombe [1997] UKEAT 142_97_2802 28 Feb 1997 EAT Employment [ Bailii ] Â Hirschl v Financial Trace and Collections [1997] UKEAT 1309_96_2802 28 Feb 1997 EAT Employment [ Bailii ] Â Town and Country Prints v Hoare [1997] UKEAT 1408_96_0303 3 Mar 1997 EAT Employment [ Bailii ] Â Dann v C Q R Components Ltd [1997] UKEAT 569_96_0303 3 Mar 1997 EAT Employment [ Bailii ] Â Bullen v HM Prison Service [1997] UKEAT 777_96_0303 3 Mar 1997 EAT Employment [ Bailii ] Â Sphikas and Son v Porter [1997] UKEAT 927_96_0303 3 Mar 1997 EAT Employment [ Bailii ] Â Jones v Premier Distribution Ltd [1997] UKEAT 1288_96_0303 3 Mar 1997 EAT Employment [ Bailii ] Â Tyne Tube Services Ltd v Malone [1997] UKEAT 15_97_0303 3 Mar 1997 EAT Employment [ Bailii ] Â Bruce and others v Nathan and Co [1997] UKEAT 1112_95_0303 3 Mar 1997 EAT Employment [ Bailii ] Â Maguire v Sorfleet Civil Engineering Services Ltd [1997] UKEAT 1287_96_0303 3 Mar 1997 EAT Employment [ Bailii ] Â Maynard v Maynards of Chatteris and Another [1997] UKEAT 1460_96_0303 3 Mar 1997 EAT Employment [ Bailii ] Â Bartholomew v London Borough of Hackney [1997] UKEAT 901_96_0403 4 Mar 1997 EAT Employment [ Bailii ] Â Hill v British Telecommunications Plc [1997] UKEAT 969_96_0403 4 Mar 1997 EAT Employment [ Bailii ] Â Mersey Docks and Harbour Company Ltd and others v Brady and others [1997] UKEAT 1302_96_0403 4 Mar 1997 EAT Employment [ Bailii ] Â British Bata Ltd v Marion Everett [1997] UKEAT 1205_96_0403 4 Mar 1997 EAT Employment [ Bailii ] Â London Borough of Hackney v Howell [1997] UKEAT 923_96_0403 4 Mar 1997 EAT Employment [ Bailii ] Â Pilkington Distribution Services v Forbes [1997] UKEAT 1200_96_0403 4 Mar 1997 EAT Employment [ Bailii ] Â Grant v Centre Stage Hair Company Ltd [1997] UKEAT 1418_96_0503 5 Mar 1997 EAT Employment [ Bailii ] Â Begg v Crawley and Horsham Health Services [1997] UKEAT 616_96_0503 5 Mar 1997 EAT Employment [ Bailii ] Â Taylor Freezer (UK) Plc v Merakli and Another [1997] UKEAT 94_96_0503 5 Mar 1997 EAT Employment 1 Cites [ Bailii ] Â R H Thompson and Co Ltd v Thomas [1997] UKEAT 31_96_0503 5 Mar 1997 EAT Employment [ Bailii ] Â Gadd v W H Smith Ltd [1997] UKEAT 1420_96_0503 5 Mar 1997 EAT Employment [ Bailii ] Â Preston v Pennington [1997] UKEAT 852_96_0603 6 Mar 1997 EAT Employment [ Bailii ] Â Badewa v Circle Thirty Three Housing Trust Ltd [1997] UKEAT 332_95_0603 6 Mar 1997 EAT Employment [ Bailii ] Â Southern Vectis Omnibus Co Ltd v Thomas [1997] UKEAT 666_96_0603 6 Mar 1997 EAT Employment [ Bailii ] Â Jones and Another v Welsh Rugby Football Union Times, 06 March 1997 6 Mar 1997 QBD Ebsworth J Natural Justice, Employment A professional sportsman should be allowed to have representation on a suspension hearing, which might affect his ability to earn his living. However Ebsworth J doubted the correctness of the intrusion of courts into such matters, saying that:"There is . . an air of unreality about a court sitting down to decide whether a player would have made a difference between his team winning or losing a particular match or whether or not he would have been selected for a particular game. It would also be difficult, if not impossible, for a court to calculate the cause of any demotion of a club if there were a suspension and whether and if so what loss flowed from that". 1 Citers Â Idlbi v Earls Court International Hotel and Trade Fair Complex [1997] UKEAT 681_96_0703 7 Mar 1997 EAT Employment [ Bailii ] Â Jordan v Customs and Excise [1997] UKEAT 1322_96_0703 7 Mar 1997 EAT Employment [ Bailii ] Â Holt v Kent County Council [1997] UKEAT 790_96_0703 7 Mar 1997 EAT Employment [ Bailii ] Â Bailey v Fircroft Engineering Services Ltd [1997] UKEAT 67_96_0703 7 Mar 1997 EAT Employment [ Bailii ] Â Chillerstrip 24 Hour Blinds Ltd v Cross [1997] UKEAT 865_96_1003 10 Mar 1997 EAT Employment [ Bailii ] Â Ashworth Hospital Authority v Liebling [1997] UKEAT 1436_96_1003 10 Mar 1997 EAT Employment [ Bailii ] Â Kvaerner FSSL Ltd v Arora [1997] UKEAT 120_96_1003 10 Mar 1997 EAT Employment [ Bailii ] Â Donovan v New Islington and Hackney Housing Association [1997] UKEAT 1269_95_1003 10 Mar 1997 EAT Employment 1 Cites [ Bailii ] Â Environmental Services Ltd v Dyke and Another [1997] UKEAT 93_96_1003 10 Mar 1997 EAT Employment [ Bailii ] Â Hampshire Tennis and Health Club v Skinner [1997] UKEAT 191_96_1103 11 Mar 1997 EAT Employment [ Bailii ] Â Suzen v Zehnacker Gebaudereinigung Krankenhausservice (Judgment) Times, 26 March 1997; C-13/95; [1997] IRLR 255; [1997] EUECJ C-13/95; [1997] ICR 662 11 Mar 1997 ECJ European, Employment A transfer of a contract to provide business services, without the transfer of significant assets was not a transfer of an undertaking within the Directive. Nevertheless the transfer of tangible assets was only one factor among several. Council Directive 77/187/EEC 1 Citers [ Bailii ] Â Gentle and others v Perkins Group Ltd [1997] UKEAT 345_93_1103 11 Mar 1997 EAT Employment [ Bailii ] Â Housing Services Agency v Cragg [1997] ICR 1050; [1997] UKEAT 460_96_1103 11 Mar 1997 EAT Judge Peter Clark Employment The employee had been employed for a fixed term of more than 2 years under a contract containing a waiver clause, and thereafter entered into contracts for 3 subsequent extensions of his employment, each for a term of less than a year and each containing a waiver clause. Held: The authorities on dismissal from a fixed term employment contract are confused. Each of the earlier cases overlooked two factors. One was that there is a difference between the provisions relating to unfair dismissal and redundancy payment waiver agreements, and the other was the statutory definition of "renewal". 1 Citers [ Bailii ] Â Anderson v Railtrack Plc [1997] UKEAT 1079_96_1103 11 Mar 1997 EAT Employment [ Bailii ] Â Richmondshire District Council v Dodds [1997] UKEAT 1240_96_1203 12 Mar 1997 EAT Employment [ Bailii ] Â British Flowplant Group Ltd v Law and others [1997] UKEAT 358_96_1203 12 Mar 1997 EAT Employment 1 Cites [ Bailii ] Â Â Regina v Secretary of State for Employment, ex parte Seymour Smith (1); HL 13-Mar-1997 - Times, 14 March 1997; [1997] UKHL 11; [1997] 2 All ER 273; [1997] 1 WLR 473; [1997] ICR 371; [1997] IRLR 315 Â Parker v Marshall Cavendish Ltd [1997] UKEAT 1295_96_1303 13 Mar 1997 EAT Employment [ Bailii ] Â Parmar v Ferranti International Plc [1997] UKEAT 710_96_1303 13 Mar 1997 EAT Employment [ Bailii ] Â James v Wesleyan Assurance Society Ltd [1997] UKEAT 287_97_1303 13 Mar 1997 EAT Employment [ Bailii ] Â Duffy (Macclesfield) Limited (T/a Sylk of Macclesfield v J M Wallbank [1997] EWCA Civ 1229 13 Mar 1997 CA Employment [ Bailii ] Â James A Featherstone v St Helens Metropolitan Borough Council St Helens College of Further Education Secretary of State for Education [1997] EWCA Civ 1249 14 Mar 1997 CA Employment [ Bailii ] Â Hudson and Needham v Gora [1997] UKEAT 308_97_1403 14 Mar 1997 EAT Employment 1 Cites [ Bailii ] Â Cossey v Collins and Brown [1997] UKEAT 1298_96_1703 17 Mar 1997 EAT Employment [ Bailii ] Â Goradia v London United Busways [1997] UKEAT 1192_96_1703 17 Mar 1997 EAT Employment [ Bailii ] Â London Borough of Wandsworth v D'Silva and Another [1997] UKEAT 470_96_1703 17 Mar 1997 EAT Employment 1 Citers [ Bailii ] Â Widger v Crook [1997] UKEAT 1212_96_1703 17 Mar 1997 EAT Employment [ Bailii ] Â Edwards v Stakis Plc [1997] UKEAT 327_97_1703 17 Mar 1997 EAT Employment [ Bailii ] Â Mcevoy v Tattan Smith Associates and Tkh International [1997] UKEAT 1028_96_1703 17 Mar 1997 EAT Employment [ Bailii ] Â Sharma v Birkbeck College and Another [1997] UKEAT 1148_96_1703 17 Mar 1997 EAT Employment [ Bailii ] Â Baker v Fleet Car Contracts Ltd [1997] UKEAT 1208_96_1703 17 Mar 1997 EAT Employment 1 Citers [ Bailii ] Â Matthews v Post Office [1997] UKEAT 1413_96_1703 17 Mar 1997 EAT Employment [ Bailii ] Â DBS Contract Interiors v Mclean [1997] UKEAT 1380_96_1703 17 Mar 1997 EAT Employment [ Bailii ] Â Woodgate v Courage Ltd [1997] UKEAT 183_97_1803 18 Mar 1997 EAT Employment [ Bailii ] Â Dentons Directories Ltd v Hobbs [1997] UKEAT 821_96_1803 18 Mar 1997 EAT Employment [ Bailii ] Â Amec Process and Energy Ltd v Henderson [1997] UKEAT 568_96_1803 18 Mar 1997 EAT Employment [ Bailii ] Â Shrimpton v Elliott Baxter and Co Ltd [1997] UKEAT 1451_96_1803 18 Mar 1997 EAT Employment [ Bailii ] Â Stamp Warehouse (T/A the Craft Barn) v Sivyer [1997] UKEAT 306_97_1803 18 Mar 1997 EAT Employment [ Bailii ] Â Immigration Advisory Services v Oommen [1997] UKEAT 234_97_1903; [1997] ICR 683 19 Mar 1997 EAT Keene J Employment The claimant had been ordered to pay a deposit as a condition of being allowed to proceed with the claim which the tribunal had judged to have no reasonable prospect of success. The claim was struck out after the tribunal had been wrongly told that the deposits had not been paid. The strike out was revoked on a review. The defendant appealed. Held: Rule 7(7) of the Industrial Tribunal Rules is to be interpreted in accordance with s.7 of the Interpretation Act 1978 and that the period of 21 days begins with the date of deemed service in the ordinary course of post unless the contrary is proved. The deposit had in fact been paid in time, and the claimant's cross appeal succeeded. Industrial Tribunals (Constitution and Rules of Procedure) Regulations 1993 - Interpretation Act 1978 7 1 Cites 1 Citers [ Bailii ] Â Martin v Basingstoke College of Technology [1997] UKEAT 680_96_1903 19 Mar 1997 EAT Employment [ Bailii ] Â Sara Lee Household and Personal Care UK Ltd v Pamment [1997] UKEAT 355_97_2003 20 Mar 1997 EAT Employment [ Bailii ] Â Erskine v London Borough of Hackney and Another [1997] UKEAT 978_96_2003 20 Mar 1997 EAT Employment [ Bailii ] Â Daniju v Ash Shahada Housing Association [1997] UKEAT 706_96_2003 20 Mar 1997 EAT Employment [ Bailii ] Â Lincoln v Secretary of State for Trade and Industry [1997] UKEAT 48_97_2103 21 Mar 1997 EAT Employment [ Bailii ] Â Akande v London and Manchester Assurance Co [1997] UKEAT 583_96_2103 21 Mar 1997 EAT Employment [ Bailii ] Â Norris v Chemilines and others [1997] UKEAT 362_97_2103 21 Mar 1997 EAT Employment [ Bailii ] Â Collins v F Coupland Ltd and Another [1997] UKEAT 1283_96_2103 21 Mar 1997 EAT Employment [ Bailii ] Â Patel v British Gas Plc and Another [1997] UKEAT 446_96_2103 21 Mar 1997 EAT Employment [ Bailii ] Â Witty v Stamps Solicitors [1997] UKEAT 35_97_2103 21 Mar 1997 EAT Employment [ Bailii ] Â Gilhooley v Serco- Lal Ltd [1997] UKEAT 980_96_2103 21 Mar 1997 EAT Employment [ Bailii ] Â Top Rank Ltd v Dowding [1997] UKEAT 233_97_2103 21 Mar 1997 EAT Employment [ Bailii ] Â Giwa v Barbican YMCA [1997] UKEAT 1167_96_2403 24 Mar 1997 EAT Employment [ Bailii ] Â British United Shoe Machinery Ltd v Chohan [1997] UKEAT 1099_96_2403 24 Mar 1997 EAT Employment [ Bailii ] Â Post Office v Hoy [1997] UKEAT 180_97_2403 24 Mar 1997 EAT Employment [ Bailii ] Â Chillerstrip 24 Hour Blinds Ltd v Cross [1997] UKEAT 865_96_2403 24 Mar 1997 EAT Employment [ Bailii ] Â Environmental Services Ltd v Dyke and Another Times, 25 March 1997 25 Mar 1997 EAT Employment Transferee of undertaking is liable under the regulations even though the identity of the transferee had not been identified at date of assignment. Transfer of Undertakings (Protection of Employment) Regulations 1981 (1981 No 1794) Â Lewis Woolf Griptight Ltd v Corfield [1997] UKEAT 1073_96_2503; [1997] IRLR 432 25 Mar 1997 EAT Employment, Discrimination The applicant succeeded on her claim of sex discrimination even though her pregnancy was not the principal reason for her dismissal (and therefore the claim for automatic unfair dismissal failed). 1 Citers [ Bailii ] Â Sarker v South Tees Acute Hospitals NHS Trust Times, 23 April 1997; [1997] UKEAT 493_96_2503; [1997]IRLR 328 25 Mar 1997 EAT Keene J Employment CS The appellant applied for a job with the respondent. Her offer was confirmed in writing. When the offer was withdrawn before she began to work, she claimed damages under s131. Held: The employment contract started with the acceptance of the letter of offer of employment, and even before work commenced: "the contract in the present case was terminated by the employer, but Mr Fletcher argues that the employee would not have been employed under that contract, and therefore could not claim for unfair dismissal. We disagree. We have already pointed out that someone is an "employee" merely because he or she has entered into a contract of employment. If that is so, to construe the word "employed" in a different and more demanding way seems to us to be unjustified. Moreover, we cannot see why someone engaged under a contract of employment to start work at a future date but whose contract is then terminated because it is discovered that she is pregnant or that he or she is a member of a trade union should not, as a matter of principle, be able to claim for unfair dismissal. He or she may already have given notice to his or her previous employer, as happened in the present case. That ability so to claim would make available the remedy of reinstatement which would not be available merely by proceedings taken in a court of law." Employment Protection (Consolidation) Act 1978 131 1 Cites [ Bailii ] Â Ashworth Hospital Authority v Bonomally [1997] UKEAT 889_96_2503 25 Mar 1997 EAT Employment [ Bailii ] Â Lythe v Hereford and Worcester County Council and Another [1997] UKEAT 564_96_2503 25 Mar 1997 EAT Employment [ Bailii ] Â British Coal Corporation v Keeble and others [1997] UKEAT 496_96_2603; [1997] IRLR 336 26 Mar 1997 EAT Smith J Employment, Discrimination The employer appealed against a decision by the tribunal that it had jurisdiction to hear the complaints of sex discrimination. The tribunal had extended the time for the claim on the just and equitable basis. Held. The EAT set out five criteria for answering whether to extend time: "(a) the length of and reasons for the delay; (b) the extent to which the cogency of the evidence is likely to be affected by the delay; (c) the extent to which the party sued had co-operated with any requests for information. (d) the promptness with which the plaintiff acted once he or she knew of the facts giving rise to the cause of action. (e) the steps taken by the plaintiff to obtain appropriate professional advice once he or she knew of the possibility of taking action." Smith LJ discussed section 33 of the 1980 Act: "That section provides a broad discretion for the Court to extend the limitation period of three years in cases of personal injury and death. It requires the court to consider the prejudice which each party would suffer as the result of the decision to be made and also to have regard to all the circumstances and in particular, inter alia, to - (a) the length of and reasons for the delay; (b) the extent to which the cogency of the evidence is likely to be affected by the delay; (c) the extent to which the party sued had cooperated with any request for information; (d) the promptness with which the plaintiff acted once he or she knew of the facts giving rise to the cause of action; (e) the steps taken by the plaintiff to obtain appropriate professional advice once he or she knew of the possibility of taking action." Sex Discrimination Act 1975 76(1) - Limitation Act 1980 33 1 Cites 1 Citers [ Bailii ] Â Retail Relief Services Ltd v Weston [1997] UKEAT 1110_96_2603 26 Mar 1997 EAT Employment [ Bailii ] Â D Ibekwe v London General Transport [1997] EWCA Civ 1342 26 Mar 1997 CA Employment [ Bailii ] Â Â Betts and others v Brintel Helicopters Ltd and KLM Era Helicopters (UK) Ltd; CA 26-Mar-1997 - Times, 01 April 1997; [1997] EWCA Civ 1340; [1997] ICR 792; [1996] IRLR 45 Â Kavanagh v Young's and Companies Brewery Plc [1997] UKEAT 1163_96_2603 26 Mar 1997 EAT Employment [ Bailii ] Â Armstrong v Automotive Components Dunstable Ltd [1997] UKEAT 759_96_2603 26 Mar 1997 EAT Employment [ Bailii ] Â Pamela Ellis v T Hammond and Sons [1997] EWCA Civ 1354 26 Mar 1997 CA Employment [ Bailii ] Â Eclipse (Uk) Ltd v Cornwall and others [1997] UKEAT 962_96_2603 26 Mar 1997 EAT Employment [ Bailii ] Â British Gas Transco v Fuller [1997] UKEAT 1269_96_0804 8 Apr 1997 EAT Employment [ Bailii ] Â Iske v P and O European Ferries (Dover) Ltd [1997] UKEAT 1116_96_0804 8 Apr 1997 EAT Employment [ Bailii ] Â Southall and Co v Roberts [1997] UKEAT 1070_96_0904 9 Apr 1997 EAT Employment [ Bailii ] Â Oxfordshire County Council and Another v Woodward [1997] UKEAT 768_96_0904 9 Apr 1997 EAT Employment [ Bailii ] Â Willis v Lancashire Police Authority [1997] UKEAT 104_97_0904 9 Apr 1997 EAT Employment [ Bailii ] Â Ruszkai v Prudential Assurance Company Ltd [1997] UKEAT 1125_96_0904 9 Apr 1997 EAT Employment [ Bailii ] Â Jones and Another v Darlows Estate Agency [1997] UKEAT 1038_96_0904 9 Apr 1997 EAT Employment [ Bailii ] Â Tuckett v Lansdowne Isfc [1997] UKEAT 1421_96_0904 9 Apr 1997 EAT Employment [ Bailii ] Â Ismail v Eastern Ravens Trust Ltd [1997] UKEAT 680_95_0904 9 Apr 1997 EAT Employment [ Bailii ] Â Francis v Boots the Chemists Ltd [1997] UKEAT 438_95_0904 9 Apr 1997 EAT Employment [ Bailii ] Â Elias v Scott [1997] UKEAT 580_96_0904 9 Apr 1997 EAT Employment [ Bailii ] Â Arora v Noon Products Plc [1997] UKEAT 1440_96_0904 9 Apr 1997 EAT Employment [ Bailii ] Â Williams v College of North East London [1997] UKEAT 103_95_1004 10 Apr 1997 EAT Employment [ Bailii ] Â Vjs Foods Ltd v Wilkinson [1997] UKEAT 310_97_1004 10 Apr 1997 EAT Employment [ Bailii ] Â Goldman v North London College of Health Studies and Another [1997] UKEAT 1238_96_1004 10 Apr 1997 EAT Employment [ Bailii ] Â Orwin v Donaldson Filter Components Ltd [1997] UKEAT 181_97_1104 11 Apr 1997 EAT Employment [ Bailii ] Â Lasertop Ltd v Webster [1997] UKEAT 956_96_1104 11 Apr 1997 EAT Employment [ Bailii ] Â Centrethorn Ltd v Breeze [1997] UKEAT 49_97_1104 11 Apr 1997 EAT Employment [ Bailii ] Â New Trinity Community Association v James [1997] UKEAT 1128_96_1104 11 Apr 1997 EAT Employment [ Bailii ] Â Ali v Pindersfields Hospitals NHS Trust [1997] UKEAT 184_97_1104 11 Apr 1997 EAT Employment [ Bailii ] Â Nagarajan v North London Railways and others [1997] UKEAT 1431_96_1104 11 Apr 1997 EAT Employment [ Bailii ] Â Mungal v Twickenham and Roehampton Healthcare NHS Trust [1997] UKEAT 938_96_1104 11 Apr 1997 EAT Employment 1 Cites [ Bailii ] Â Jones v Department of Health [1997] UKEAT 1370_96_1104 11 Apr 1997 EAT Employment [ Bailii ] Â Lewis v NFC UK Ltd (T/A Exel Logistics and Brs) [1997] UKEAT 657_96_1104 11 Apr 1997 EAT Employment [ Bailii ] Â Dodgson v M Squared Technology Ltd [1997] UKEAT 1390_96_1104 11 Apr 1997 EAT Employment [ Bailii ] Â Stagville Ltd (T/A Hunters Lodge Hotel) v Navaratne [1997] UKEAT 1461_96_1404 14 Apr 1997 EAT Employment [ Bailii ] Â England v London Borough of Lewisham [1997] UKEAT 646_96_1404 14 Apr 1997 EAT Employment [ Bailii ] Â Secretary of State for Trade and Industry v Reed and others [1997] UKEAT 983_96_1404 14 Apr 1997 EAT Employment [ Bailii ] Â Mcewen v Brentwood and Ongar Conservative Association [1997] UKEAT 399_96_1404 14 Apr 1997 EAT Employment [ Bailii ] Â Jauad v Ludicke Ltd and Another [1997] UKEAT 1375_96_1404 14 Apr 1997 EAT Employment [ Bailii ] Â Nadin v Nynex Cablecomms Ltd [1997] UKEAT 117_97_1404 14 Apr 1997 EAT Employment [ Bailii ] Â Wright v British Telecommunications Plc [1997] EWCA Civ 1409 15 Apr 1997 CA Employment, Litigation Practice Application for leave to appeal - failure to disclose by respondent. [ Bailii ] Â Devaux v Securicor Group Plc [1997] UKEAT 73_97_1504 15 Apr 1997 EAT Employment [ Bailii ] Â Bienvenue and Another v Kivrak- the Limetree Restaurant and Hotel [1997] UKEAT 1031_96_1504 15 Apr 1997 EAT Employment [ Bailii ] Â Kingston Communications (Hull) Plc v Gorman [1997] UKEAT 659_95_1504 15 Apr 1997 EAT Employment [ Bailii ] Â Moloney v Hampshire Training and Enterprise Council Ltd [1997] UKEAT 1298_96_1504 15 Apr 1997 EAT Employment [ Bailii ] Â E R Tomlinson v A Doxey (Langleymill Garage) [1997] EWCA Civ 1400 15 Apr 1997 CA Employment [ Bailii ] Â Morris v Network South Central [1997] UKEAT 8_97_1604 16 Apr 1997 EAT Employment [ Bailii ] Â Smith (T/A SB Management) v Maddox and Another [1997] UKEAT 1274_96_1604 16 Apr 1997 EAT Employment [ Bailii ] Â Pwp Infants Academy v Tuininga [1997] UKEAT 1336_96_1604 16 Apr 1997 EAT Employment [ Bailii ] Â Perotti v London Borough of Camden [1997] UKEAT 742_96_1604 16 Apr 1997 EAT Employment [ Bailii ] Â Barrows v the Post Office [1997] UKEAT 1330_96_1604 16 Apr 1997 EAT Employment [ Bailii ] Â De Pascalis v Delgado [1997] UKEAT 1391_96_1604 16 Apr 1997 EAT Employment [ Bailii ] Â Swinney and Another v Burgess [1997] UKEAT 41_97_1604 16 Apr 1997 EAT Employment [ Bailii ] Â J H and L Procter Ltd v Simmonite [1997] UKEAT 24_97_1604 16 Apr 1997 EAT Employment [ Bailii ] Â Great Mills (Central) Ltd v Ahmed [1997] UKEAT 412_96_1604 16 Apr 1997 EAT Employment 1 Cites [ Bailii ] Â London Borough of Hackney v Chan [1997] UKEAT 431_96_1704 17 Apr 1997 EAT Employment [ Bailii ] Â Nebraska Group of Companies Ltd v Walker [1997] UKEAT 820_96_1704 17 Apr 1997 EAT Employment [ Bailii ] Â Reiner Moritz Associates Ltd v Carter [1997] UKEAT 963_96_1704 17 Apr 1997 EAT Employment [ Bailii ] Â Sean Callaghan v Himachel Advanced Circuits S S Dhami [1997] EWCA Civ 1439 17 Apr 1997 CA Employment [ Bailii ] Â Uzzaman v Central Statistical Office [1997] EWCA Civ 1422 17 Apr 1997 CA Employment [ Bailii ] Â Carter v Reiner Moritz Associates Ltd [1997] UKEAT 1376_96_1704 17 Apr 1997 EAT Employment [ Bailii ] Â Cannie v Bolton Training Group Ltd [1997] UKEAT 54_97_1804 18 Apr 1997 EAT Employment [ Bailii ] Â Morris v Walsh Western UK Ltd [1997] UKEAT 148_97_1804 18 Apr 1997 EAT Employment [ Bailii ] Â X v Z Ltd Times, 18 April 1997; [1998] ICR 18 Apr 1997 CA Employment Industrial Tribunal's reporting restrictions provisions are to be given considering wider interests than just the parties who appeared before the tribunal. The tribunals themselves are the best judges of case management decisions. 1 Citers Â Adey v Moss [1997] UKEAT 151_97_1804 18 Apr 1997 EAT Employment [ Bailii ] Â Somjee v North West Regional Health Authority and Another [1997] UKEAT 87_90_1804 18 Apr 1997 EAT Employment [ Bailii ] Â Blundell v Mcdonnell Information Systems Ltd [1997] UKEAT 134_97_1804 18 Apr 1997 EAT Employment [ Bailii ] Â Divine-Bortey v London Borough of Brent [1997] UKEAT 1132_95_1804 18 Apr 1997 EAT Employment 1 Citers [ Bailii ] Â Wilson v Peter Vassallo Ltd [1997] UKEAT 86_97_1804 18 Apr 1997 EAT Employment [ Bailii ] Â Dickens v the Riverside Centre Ltd [1997] UKEAT 111_97_1804 18 Apr 1997 EAT Employment [ Bailii ] Â Smoke House Inns Ltd v Head [1997] UKEAT 101_97_2104 21 Apr 1997 EAT Employment [ Bailii ] Â Faizi and Another v Sadeh Lok H A Ltd [1997] UKEAT 480_97_2104 21 Apr 1997 EAT Employment [ Bailii ] Â Francis v TM Group Plc [1997] UKEAT 1005_96_2104 21 Apr 1997 EAT Employment [ Bailii ] Â Thomas v Castle Leisure Ltd and Another [1997] UKEAT 218_97_2104 21 Apr 1997 EAT Employment [ Bailii ] Â Wilcock v West Anglia Great Northern Railway Ltd [1997] UKEAT 1081_96_2104 21 Apr 1997 EAT Employment [ Bailii ] Â Inco Europe Ltd v Huggins [1997] UKEAT 735_96_2104 21 Apr 1997 EAT Employment [ Bailii ] Â Horsford v Nottingham City Council and Another [1997] UKEAT 258_96_2204 22 Apr 1997 EAT Employment [ Bailii ] Â George Mixer and Co v Curtis [1997] UKEAT 109_97_2204 22 Apr 1997 EAT Employment [ Bailii ] Â Rae (Agnes) v Glasgow City Council and Another Times, 22 April 1997 22 Apr 1997 OHCS Environment, Employment, Health and Safety, Negligence An employer may be liable for damages for passive smoking if the claim is pleaded correctly. Offices Shops and Railway Premises Act 1963 7 Â The Post Office v Delroy Patrick Lewis [1997] EWCA Civ 1467 22 Apr 1997 CA Employment The claimant had been found 100% responsible for his unfair dismissal. The Employment Appeal Tribunal had reversed that decision, and the respondent appealed that decision in turn. The claimant was a postman, and his employers considered that he had misdelivered or withheld post. The investigation was criticised, but a further investigation after the hearing supported the dismissal. Where, given what was known at the dismissal, it was not reasonable to dismiss without giving opportunity to explain but discoveries show that that dismissal was merited, compensation could be nil. This ensures that an employee who could have been fairly dismissed does not get compensation. On reversing the tribunal's decision the EAT seemed to have fallen into the same error, that of substituting its own view of the facts for that of the lower level decision maker. The original tribunal's decision could not be said to be wrong in law, and was re-instated. 1 Cites [ Bailii ] Â Cude v USDAW (Union of Shop Distributive and Allied Workers) [1997] UKEAT 575_96_2204 22 Apr 1997 EAT Employment [ Bailii ] Â Pittel v Free Press Group [1997] UKEAT 262_97_2204 22 Apr 1997 EAT Employment [ Bailii ] Â William Hill Organisation Ltd v Rainbird [1997] UKEAT 1406_96_2204 22 Apr 1997 EAT Employment [ Bailii ] Â Tiverton Hotel Ltd v Lawton [1997] UKEAT 132_97_2204 22 Apr 1997 EAT Employment [ Bailii ] Â Chhatralia v Network South Central Ltd [1997] UKEAT 563_96_2204 22 Apr 1997 EAT Employment [ Bailii ] Â J Murphy and Sons Ltd v Fox and Another [1997] UKEAT 1222_96_2204 22 Apr 1997 EAT Employment [ Bailii ] Â North Warwickshire and Hinckley College v Cooke [1997] UKEAT 1338_96_2304 23 Apr 1997 EAT Employment [ Bailii ] Â Derrett v Higgins [1997] UKEAT 174_97_2304 23 Apr 1997 EAT Employment [ Bailii ] Â Houghton v Vauxhall Motors Limited [1997] EWCA Civ 1487 23 Apr 1997 CA Employment Interpretation of collective agreement. [ Bailii ] Â London Borough of Wandsworth and Another [1997] UKEAT 245_97_2304 23 Apr 1997 EAT Employment [ Bailii ] Â Peter Black Toiletries and Cosmetics v Jarvis [1997] UKEAT 122_97_2304 23 Apr 1997 EAT Employment [ Bailii ] Â Jones v Trimsaran Community Council [1997] UKEAT 1015_96_2304 23 Apr 1997 EAT Employment [ Bailii ] Â Evans v Guy's and St Thomas' Hospital Trust [1997] UKEAT 747_96_2404 24 Apr 1997 EAT Employment [ Bailii ] Â Hannigan v Scottish and Newcastle Retail Ltd [1997] UKEAT 1109_95_2404 24 Apr 1997 EAT Employment [ Bailii ] Â Â Selfridges Ltd v Malik; EAT 24-Apr-1997 - [1997] UKEAT 1352_96_2404; [1998] ICR 268 Â Rasab and others v Merral Spinning Co Ltd [1997] UKEAT 1301_96_2404 24 Apr 1997 EAT Employment [ Bailii ] Â Donnelly v Homewood NHS Trust [1997] UKEAT 1195_95_2504 25 Apr 1997 EAT Employment [ Bailii ] Â Â Mensah v East Hertfordshire NHS Trust; CA 25-Apr-1997 - [1997] EWCA Civ 1527 Â Smith v Siddall and Hilton (Springs) Limited [1997] EWCA Civ 1540 25 Apr 1997 CA Employment [ Bailii ] Â Guthrie v Yare Haulage Ltd [1997] UKEAT 51_97_2504 25 Apr 1997 EAT Employment [ Bailii ] Â Bashiru Adebola Ayobiojo v London Borough of Lewisham [1997] EWCA Civ 1526 25 Apr 1997 CA Employment 1 Cites 1 Citers [ Bailii ] Â The Post Office v Lewis Times, 25 April 1997 25 Apr 1997 CA Employment The EAT was wrong to overturn the IT's decision absent something showing perversity or an error of law. Â Manning v British Telecommunications Plc and others [1997] UKEAT 1339_96_2504 25 Apr 1997 EAT Employment 1 Cites [ Bailii ] Â Amin v London Underground Ltd [1997] UKEAT 91_97_2504 25 Apr 1997 EAT Employment 1 Cites [ Bailii ] Â Julien v Home Office [1997] UKEAT 942_96_2804 28 Apr 1997 EAT Employment [ Bailii ] Â Williams v Asda Stores Ltd [1997] UKEAT 306_96_2804 28 Apr 1997 EAT Employment [ Bailii ] Â Post Office v Chambers [1997] UKEAT 1107_96_2804 28 Apr 1997 EAT Employment [ Bailii ] Â North Middlesex Hospital NHS Trust v Kumi [1997] UKEAT 488_95_2804 28 Apr 1997 EAT Employment [ Bailii ] Â Cicero Languages International v Brown [1997] UKEAT 639_96_2904 29 Apr 1997 EAT Employment [ Bailii ] Â Johnson and others v Carnaud Metal Box [1997] UKEAT 531_97_2904 29 Apr 1997 EAT Employment [ Bailii ] Â Taylor v H Backhouse (Baker Street) Ltd [1997] UKEAT 491_97_2904 29 Apr 1997 EAT Employment [ Bailii ] Â Nagendran v Aves [1997] UKEAT 209_97_2904 29 Apr 1997 EAT Employment [ Bailii ] Â Magna Housing Association Ltd v Butler [1997] UKEAT 1215_96_2904 29 Apr 1997 EAT Employment [ Bailii ] Â Salawu v Securicor Omega Express Ltd [1997] UKEAT 570_96_3004 30 Apr 1997 EAT Employment [ Bailii ] Â Sale Wine Bar Ltd v Edwards [1997] UKEAT 62_97_3004 30 Apr 1997 EAT Employment [ Bailii ] Â England v South London Housing Association and others [1997] UKEAT 1055_96_3004 30 Apr 1997 EAT Employment [ Bailii ] Â Maciejna v London Borough of Lambeth [1997] UKEAT 1188_96_3004 30 Apr 1997 EAT Employment [ Bailii ] Â Robinson v Secretary of State for Trade and Industry [1997] UKEAT 60_97_3004 30 Apr 1997 EAT Employment [ Bailii ] Â Baden v Brixton Challenge Ltd [1997] UKEAT 373_97_3004 30 Apr 1997 EAT Employment [ Bailii ] Â Barrett v London Borough of Lewisham [1997] UKEAT 1312_96_3004 30 Apr 1997 EAT Employment [ Bailii ] Â Flynn v Royal County of Berkshire and Another [1997] UKEAT 139_97_0205 2 May 1997 EAT Peter Clarke HHJ Employment [ Bailii ] Â Â Dentmaster (Uk) Limited v Kent; CA 2-May-1997 - [1997] EWCA Civ 1610; [1997] IRLR 636 Â Malik v Cumaranatunge [1997] UKEAT 3_97_0205 2 May 1997 EAT Peter Clarke HHJ Employment [ Bailii ] Â A and Another v B and others [1997] UKEAT 145_97_0205 2 May 1997 EAT Morison J P Employment, Discrimination Appeal against order on application for disjoinder of certain parties, [ Bailii ] Â Beasleys Haulage Ltd v Wathey [1997] UKEAT 100_97_0205 2 May 1997 EAT Employment [ Bailii ] Â Brewster v London Borough of Newham [1997] UKEAT 398_96_0205 2 May 1997 EAT Levy QC HHJ Employment [ Bailii ] Â Slattery v Nynex [1997] UKEAT 203_97_0205 2 May 1997 EAT DM Levy QC HHJ Employment [ Bailii ] Â Vishwanath v Royal Wolverhampton Hospitals NHS Trust [1997] UKEAT 247_97_0205 2 May 1997 EAT Lindsay J Employment, Discrimination [ Bailii ] Â Speller v Golden Rose Communications Plc [1997] UKEAT 1360_96_0605 6 May 1997 EAT Employment 1 Cites [ Bailii ] Â Lawson Mardon Ltd v Cotterill [1997] UKEAT 1452_96_0605 6 May 1997 EAT Employment [ Bailii ] Â Williams v Northwest Regional Railways Ltd [1997] UKEAT 195_97_0705 7 May 1997 EAT Employment [ Bailii ] Â St Bartholomew'S Rc School v Stephens [1997] UKEAT 1268_96_0705 7 May 1997 EAT Employment [ Bailii ] Â Davis v Forest Healthcare Trust [1997] UKEAT 307_96_0705 7 May 1997 EAT Employment [ Bailii ] Â W H Smith and Sons Ltd v Casserley [1997] UKEAT 917_96_0805 8 May 1997 EAT Employment [ Bailii ] Â T O A Taxis (Radio Systems) Ltd v Ahmed [1997] UKEAT 663_96_0805 8 May 1997 EAT Employment [ Bailii ] Â Kavanagh v Coral Racing Ltd and Another [1997] UKEAT 231_97_0805 8 May 1997 EAT Employment [ Bailii ] Â Canning v Royal Insurance Property Services [1997] UKEAT 731_96_0805 8 May 1997 EAT Employment [ Bailii ] Â Castleton v Benefits Agency Dss [1997] UKEAT 30_97_0905 9 May 1997 EAT Employment [ Bailii ] Â Green v West Midlands Co-Operative [1997] UKEAT 95_97_0905 9 May 1997 EAT Employment [ Bailii ] Â Kirk v Sheffield Assay Office [1997] UKEAT 931_96_0905 9 May 1997 EAT Employment [ Bailii ] Â Haines v West Sussex County Council [1997] UKEAT 871_96_1205 12 May 1997 EAT Employment [ Bailii ] Â Skeiky v Argos Distributions Ltd [1997] UKEAT 1129_95_1205 12 May 1997 EAT Employment [ Bailii ] Â Post Office v Otomewo [1997] UKEAT 137_97_1205 12 May 1997 EAT Employment [ Bailii ] Â Dorney and others v Chippenham College [1997] UKEAT 10_97_1205 12 May 1997 EAT Employment [ Bailii ] Â London Borough of Southwark v Baker [1997] UKEAT 839_95_1305 13 May 1997 EAT Employment [ Bailii ] Â Heywood v Greater Manchester Waste Ltd [1997] UKEAT 1453_96_1305 13 May 1997 EAT Employment [ Bailii ] Â Ralph and others v Brendon Foods Ltd and Another [1997] UKEAT 1201_96_1305 13 May 1997 EAT Employment [ Bailii ] Â Dawber v Molloy Group Services Ltd [1997] UKEAT 105_97_1305 13 May 1997 EAT Employment [ Bailii ] Â Howard Rhys Jones v Mid-Glamorgan County Council Gazette, 14 January 1998; [1997] EWCA Civ 1680; [1997] ICR 815; [1997] IRLR 685 13 May 1997 CA Lord Justice Kennedy, Lord Justice Waite, Mr Justice Mccullough Employment On being told he was to be dismissed, Mr Jones had taken early retirement. He made a claim in the County Court that his pension had been wrongly reduced, The court rejected his allegation that he had acted under duress. His subsequent claim of unfair dismissal in the Employment ribunal was also rejected, but his appeal to the EAT had succeeded. The Council now appealed. Held: The appeal succeeded. Waite LJ said: "It is an exceptional position in Industrial Tribunal cases for a case to be dismissed on the submission of no case to answer. The generally accepted view in Industrial Tribunal cases is that we should hear both sides before we make our decision" and "The concept of dismissal by enforced resignation is too valuable and too flexible to be constrained by such preconditions as a requirement that a threat of dismissal must be the sole factor inducing the resignation." The Court of Appeal, when assessing a tribunal's decision must look beyond any poor expression of the judgment to see whether the tribunal's approach was correct in in law. Waie LJ went on to say: "Courts and tribunals have been willing, from the earliest days of the unfair dismissal jurisdiction, to look, when presented with an apparent resignation, at the substance of the termination for the purpose of inquiring whether the degree of pressure placed on the employee by the employer to retire amounted in reality to a dismissal. In the instant case, the employee had framed his claim in constructive dismissal, and the industrial tribunal dealt with it upon that footing. There was accordingly some discussion before us as to whether the principle I have just mentioned is to be regarded as deriving from an inference of circumstances giving rise to a constructive dismissal under s.95(1)(c) of the Employment Rights Act 1996, or whether it is more broadly based as a species of direct dismissal. For my own part, while tending to favour the latter view, I do not find it necessary to resolve that question in the present case because the principle itself (whatever its origins) is well settled. It is a principle of the utmost flexibility which is willing in all instances of apparent voluntary retirement to recognise a dismissal when it sees it, but is by no means prepared to assume that every resignation influenced by pressure or inducement on the part of the employer falls to be so treated. At one end of the scale is the blatant instance of a resignation preceded by the employer's ultimatum: 'Retire on my terms or be fired' – where it would not be surprising to find the industrial tribunal drawing the inference that what had occurred was a dismissal. At the other extreme is the instance of the long-serving employee who is attracted to early retirement by benevolent terms of severance offered by grateful employers as a reward for loyalty – where one would expect the industrial tribunal to draw the contrary inference of termination by mutual agreement. Between those two extremes there are bound to lie much more debatable cases to which, according to their particular circumstances, the industrial tribunals are required to apply their expertise in determining whether the borderline has been crossed between a resignation that is truly voluntary and a retirement unwillingly made in response to a threat. I doubt myself whether, given the infinite variety of circumstance, there can be much scope for assistance from authority in discharging that task: indeed, attempts to draw analogies from other cases may provide more confusion than guidance." Employment Rights Act 1996 95(1)(c) 1 Cites 1 Citers [ Bailii ] Â Burns International Security Services (UK) Ltd v Bartlett [1997] UKEAT 1032_96_1405 14 May 1997 EAT Employment [ Bailii ] Â Osain v London Borough of Southwark [1997] UKEAT 178_97_1405 14 May 1997 EAT Employment [ Bailii ] Â Ashton v W H Smith Ltd [1997] UKEAT 259_97_1405 14 May 1997 EAT Employment [ Bailii ] Â Kilden v Cowell Nicola Shipping Ltd [1997] UKEAT 165_96_1405 14 May 1997 EAT Employment [ Bailii ] Â Gascoines Group v Bolton [1997] UKEAT 585_96_1505 15 May 1997 EAT Employment [ Bailii ] Â Barbara Adams and others v Lancashire County Council Bet Catering Services Limited Times, 19 May 1997; [1997] EWCA Civ 1699 15 May 1997 CA Employment, European The acquired rights directive does not protect pension rights which might be acquired after the transfer of an undertaking. It can only safeguard rights existing at the time of the transfer. Council Directive 77/187/EEC [ Bailii ] Â Lins Computing Ltd v Boev [1997] UKEAT 776_96_1505 15 May 1997 EAT Employment [ Bailii ] Â Marshall v British Aerospace [1997] UKEAT 1221_96_1605 16 May 1997 EAT Employment [ Bailii ] Â Mcclymont v Fenchurch Group Services Ltd [1997] UKEAT 1419_96_1605 16 May 1997 EAT Employment [ Bailii ] Â Manning v Post Office [1997] UKEAT 1429_96_1605 16 May 1997 EAT Employment [ Bailii ] Â Lowrey-Nesbitt v Commissioner of Police of Metropolis [1997] UKEAT 559_97_1605 16 May 1997 EAT Employment 1 Cites 1 Citers [ Bailii ] Â Lister v Brighton and Hove Bus and Coach Co Ltd [1997] UKEAT 68_97_1605 16 May 1997 EAT Employment [ Bailii ] Â Albany v Manners and Another [1997] UKEAT 530_97_1605 16 May 1997 EAT Employment [ Bailii ] Â Lawal v Regional Railways North Eastern Ltd [1997] UKEAT 530_96_1605 16 May 1997 EAT Employment [ Bailii ] Â Joseph Hoyle and Sons v A Ali and others and Another [1997] UKEAT 103_96_1605 16 May 1997 EAT Employment [ Bailii ] Â Nkwo v Prudential Assurance Company Ltd [1997] UKEAT 260_97_1605 16 May 1997 EAT Employment [ Bailii ] Â Amalgamated Engineering and Electrical Union (AEEU) v Deeming [1997] UKEAT 1115_96_1905 19 May 1997 EAT Employment [ Bailii ] Â Waltons and Morse v Dorrington [1997] UKEAT 69_97_1905 19 May 1997 EAT Employment [ Bailii ] Â Ealing Racial Equality Council v Homer [1997] UKEAT 1243_96_1905 19 May 1997 EAT Employment [ Bailii ] Â Inn Pro Training Ltd v Moore [1997] UKEAT 611_97_2005 20 May 1997 EAT Employment [ Bailii ] Â Tweedie v Inquest [1997] UKEAT 163_97_2005 20 May 1997 EAT Employment [ Bailii ] Â London Borough of Lambeth v Blandford [1997] UKEAT 237_97_2005 20 May 1997 EAT Lindsey J Employment The tribunal considered making an order to strike out Lambeth's case for failure to comply with orders for directions made by the Tribunal. On the question of the circumstances in which a striking out would be justified under rule 4 of the Tribunal rules the Logicrose case was cited. Held: "We, for our part, would doubt whether Virdee [another decision of the Appeal Tribunal] is not a little too favourable to someone in Lambeth's position because it is plainly the case, on authority, that if there is deliberate and wilful contumacious disobedience of an order of the Court then the person so responsible for such behaviour can find his or her case struck out, notwithstanding that a fair trial might still be possible. But where conduct of that high degree of blameworthiness is not proven, then the test suggested by the EAT in Virdee, we would say, is correct, namely that the Court has to consider whether any judgment ultimately obtained could not be considered to be fair between the parties. Here, there was and is no evidence that the substantive hearing in this case would necessarily, in the events that had occurred by the 2nd December 1996, have been unfair, or would be unfair, by reason of Lambeth's delays and failures in relation to their non-compliance with the order." 1 Cites 1 Citers [ Bailii ] Â Superclean Support Services Plc v Lansana and Another [1997] UKEAT 281_96_2005 20 May 1997 EAT Employment [ Bailii ] Â Maddison v Stenning [1997] UKEAT 895_96_2005 20 May 1997 EAT Employment [ Bailii ] Â Clerkneat Ltd (T/A the Waterfront Bar and Restaurant) v Hill [1997] UKEAT 294_97_2005 20 May 1997 EAT Employment [ Bailii ] Â Tudor Caravans Ltd v Walker [1997] UKEAT 232_97_2005 20 May 1997 EAT Employment [ Bailii ] Â Silwood Crane Hire (Uk) Ltd v Cox [1997] UKEAT 690_96_2105 21 May 1997 EAT Employment [ Bailii ] Â Crown Catering Group v Corbett [1997] UKEAT 214_97_2105 21 May 1997 EAT Employment [ Bailii ] Â Dawnay, Day and Co Limited; Wilcourt Investments Limited v D'Alphen; Johnston; Parkman; Cantor Fitzgerald International [1997] EWCA Civ 1753; [1997] IRLR 442 22 May 1997 CA Employment 1 Cites 1 Citers [ Bailii ] Â Aliga v Forte Hotels Plc [1997] UKEAT 571_97_2205 22 May 1997 EAT Employment [ Bailii ] Â Griffiths v Great North Eastern Railway [1997] UKEAT 631_97_2205 22 May 1997 EAT Employment [ Bailii ] Â Haddock (Now Carter) v Lucas Eui Diesel Systems [1997] UKEAT 998_96_2205 22 May 1997 EAT Employment [ Bailii ] Â Macey v Velocity 128 Ltd [1997] UKEAT 568_94_2305 23 May 1997 EAT Employment [ Bailii ] Â Contargyris v Council [1997] EUECJ T-6/96 29 May 1997 ECFI Employment Officials - Rejection of application for a post - Article 19(1) of the Council's rules of procedure - Article 45 of the Staff Regulations - Power of the Secretary-General of the Council to adopt decisions rejecting an application for a post and a complaint - Notive of vacancy - Manifest error of assessment - Articles 7 and 27 of the Staff Regulations - Obligation to provide a statement of reasons - Misuse of powers. [ Bailii ] Â Eker v Land Baden-Wurttemberg C-386/95; [1997] EUECJ C-386/95 29 May 1997 ECJ Employment, Immigration The first indent of Article 6(1) of Decision No 1/80 of the EEC-Turkey Association Council must be interpreted as making the extension of a Turkish worker's residence permit in the host Member State subject to his having been legally employed continuously for one year with the same employer. First, that provision, which requires the completion of one year's continuous employment for there to be a right of renewal of the work permit in respect of the same employer and implies the existence of a right of residence for the person concerned to enable him actually to work as an employed person, is based on the premises that only a contractual relationship which lasts for one year is expressive of employment relations stable enough to guarantee the Turkish worker continuity of his employment with the same employer. Second, the coherence of the system of gradual integration of Turkish workers in the host Member State's labour force, established by the three indents of Article 6(1), would be disrupted if the worker had the right to enter the service of another employer even before satisfying the condition of one year's legal employment specified in the first indent of Article 6(1) when, under the second indent of Article 6(1), it is only after three years of legal employment in the Member State concerned that a Turkish worker is entitled to take up work with a different employer, on condition that the employer is engaged in the same business as the previous employer and respects the priority to be given to workers of the Member States. [ Bailii ] Â Handels-og Kontorfunktionaerernes Forbund i Danmark, acting on behalf of Larsson v Dansk Handel and Service, acting on behalf of Ftex Supermarked A/S [1997] EUECJ C-400/95 29 May 1997 ECJ Employment, Discrimination (Judgment) Social policy - Men and women - Access to employment and working conditions - Equal treatment - Dismissal of a woman on grounds of absence due to an illness attributable to pregnancy or confinement - Permissible - Account taken, when calculating the period providing grounds for dismissal, of absence outside periods of maternity leave - Permissible (Council Directive 76/207, Arts 2(1) and (3) and 5(1)) Without prejudice to provisions of national law for the protection of women, particularly with regard to pregnancy and maternity, adopted pursuant to Article 2(3) of Directive 76/207 on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions, Article 5(1), in conjunction with Article 2(1), thereof does not preclude dismissals which are the result of absences due to an illness attributable to pregnancy or confinement, even where that illness arose during pregnancy and continued during and after maternity leave. In particular, the principle of equal treatment enshrined in the Directive does not preclude account being taken of a woman's absence from work between the beginning of her pregnancy and the beginning of her maternity leave when calculating the period providing grounds for her dismissal under national law. During the maternity leave accorded to her pursuant to national law, a woman is protected against dismissal on grounds of absence. To take absence during such a period into account as grounds for a subsequent dismissal would thus be contrary to the objective pursued by Article 2(3) of the Directive, and would deprive that provision of its effectiveness. Outside periods of maternity leave, however, and in the absence of any national or, as the case may be, Community provisions affording women specific protection, a woman is not protected under the Directive against dismissal on grounds of periods of absence due to an illness attributable to pregnancy. [ Bailii ] Â Patterson v Milton House Trust Ltd [1997] UKEAT 1511_97_0306 3 Jun 1997 EAT Employment [ Bailii ] Â Home Office v Pledger and Another [1997] UKEAT 156_97_0306 3 Jun 1997 EAT Employment [ Bailii ] Â Â British Telecommunications Plc v Williams; EAT 3-Jun-1997 - Gazette, 14 January 1998; [1997] IRLR 668; [1997] UKEAT 1340_95_0306 Â Hoverspeed Ltd v Pillay [1997] UKEAT 302_97_0306 3 Jun 1997 EAT Employment [ Bailii ] Â H and J Quick Ltd (T/A Quick Co) v Ball [1997] UKEAT 964_96_0306 3 Jun 1997 EAT Employment [ Bailii ] Â Clack v South London Buses [1997] UKEAT 951_96_0506 5 Jun 1997 EAT Employment [ Bailii ] Â Sandra Anne Ward v Potters Ballotini Limited [1997] EWCA Civ 1800 5 Jun 1997 CA Employment [ Bailii ] Â Bharadia v Post Office [1997] EWCA Civ 1791 5 Jun 1997 CA Employment [ Bailii ] Â Clark v Watson [1997] UKEAT 1114_96_0606 6 Jun 1997 EAT Employment [ Bailii ] Â Scottish and Newcastle Retail Ltd v Stanton and others [1997] UKEAT 1126_96_0606 6 Jun 1997 EAT Employment [ Bailii ] Â Weathersfield Ltd (T/A Van and Truck Rentals) v Sargent [1997] UKEAT 1414_96_0606 6 Jun 1997 EAT Employment, Discrimination 1 Citers [ Bailii ] Â De Souza v Automobile Association [1997] EWCA Civ 1805 6 Jun 1997 CA Employment 1 Cites [ Bailii ] Â Clark and Tokeley Ltd (T/A Spellbrook) v Oakes and others [1997] UKEAT 4_97_0906 9 Jun 1997 EAT Employment [ Bailii ] Â Sensormatic Ltd v Southall [1997] UKEAT 371_97_0906 9 Jun 1997 EAT Employment [ Bailii ] Â Beeley v London Sailplanes Ltd [1997] UKEAT 1345_96_0906 9 Jun 1997 EAT Employment [ Bailii ] Â Hughes v Mid-Sussex NHS Trust [1997] UKEAT 37_97_0906 9 Jun 1997 EAT Employment [ Bailii ] Â Rock-It Cargo Ltd v Green [1997] UKEAT 255_97_1006 10 Jun 1997 EAT Employment [ Bailii ] Â South West Trains Ltd v Lees [1997] UKEAT 279_97_1006 10 Jun 1997 EAT Employment [ Bailii ] Â Corp v Essex County Council [1997] UKEAT 823_96_1006 10 Jun 1997 EAT Employment [ Bailii ] Â Nae v Trans World Airlines Inc [1997] UKEAT 649_97_1006 10 Jun 1997 EAT Employment [ Bailii ] Â Tara Hotel Co Ltd v Harries-Hughes [1997] UKEAT 361_97_1006 10 Jun 1997 EAT Employment [ Bailii ] Â Myles v Initial Cleaning Services [1997] UKEAT 847_96_1106 11 Jun 1997 EAT Employment [ Bailii ] Â D v J Alford Transport Ltd [1997] UKEAT 136_97_1106 11 Jun 1997 EAT Employment 1 Cites [ Bailii ] Â Khalil v Colonel Foods Ltd (T/A Allen Food Services Ltd) [1997] UKEAT 103_97_1106 11 Jun 1997 EAT Employment [ Bailii ] Â Secretary of State for Trade and Industry v Gentry and Trades and Labour Social Club [1997] UKEAT 5_97_1106 11 Jun 1997 EAT Employment [ Bailii ] Â Quality Homes Kent Ltd (In Receivership) v Harradine [1997] UKEAT 386_97_1206 12 Jun 1997 EAT Employment [ Bailii ] Â Addoo v Newham Healthcare NHS Trust [1997] EWCA Civ 1846 12 Jun 1997 CA Employment 1 Cites 1 Citers [ Bailii ] Â Hutchings v Coinseed Limited [1997] EWCA Civ 1851 12 Jun 1997 CA Employment Application for leave to appeal granted. [ Bailii ] Â Â Malik v Bank of Credit and Commerce International (BCCI); Mahmud v Bank of Credit and Commerce International; HL 12-Jun-1997 - Gazette, 25 June 1997; [1997] 3 WLR 95; [1997] UKHL 23; [1998] AC 20; [1997] ICR 606; [1997] 3 All ER 1; [1997] IRLR 462 Â Lynch v Centre D'Echanges Internationaux [1997] UKEAT 209_96_1206 12 Jun 1997 EAT Employment [ Bailii ] Â Abm Typographics Ltd v Mumby [1997] UKEAT 422_96_1306 13 Jun 1997 EAT Employment [ Bailii ] Â Sensors Ltd v O'Shea [1997] UKEAT 1303_96_1306 13 Jun 1997 EAT Employment [ Bailii ] Â Port v Elliott Park School Charitable Trust, Trustees of [1997] UKEAT 1387_96_1606 16 Jun 1997 EAT Employment [ Bailii ] Â Ike v London Borough of Islington and Another [1997] UKEAT 727_96_1606 16 Jun 1997 EAT Employment [ Bailii ] Â North East Racing Group Ltd v Brennan [1997] UKEAT 323_97_1606 16 Jun 1997 EAT Employment [ Bailii ] Â Clifton Middle School and others v Askew [1997] UKEAT 910_95_1606 16 Jun 1997 EAT Employment [ Bailii ] Â Aei Rediffusion Music Ltd v Marples [1997] UKEAT 650_97_1606 16 Jun 1997 EAT Employment [ Bailii ] Â Tynan v F E Cole and Son Ltd [1997] UKEAT 42_97_1606 16 Jun 1997 EAT Employment [ Bailii ] Â Revlon Manufacturing UK Ltd v Hopkins and Another [1997] UKEAT 1299_96_1606 16 Jun 1997 EAT Employment [ Bailii ] Â Richmond v Borough of Broxbourne [1997] UKEAT 1048_96_1606 16 Jun 1997 EAT Employment [ Bailii ] Â Singh v Walkers Snack Foods Ltd [1997] UKEAT 412_97_1606 16 Jun 1997 EAT Employment [ Bailii ] Â Noorani v Merseyside TEC Ltd [1997] UKEAT 55_96_1706 17 Jun 1997 EAT Hull QC J Employment, Discrimination The claimant appealed against the dismissal of his complaint of race discrimination saying that the tribunal had erred in not issuing a witness summons. The tribunal had said that the potential evidence was not relevant. Held: There had been an error of law in the tribunal's approach and the matter was remitted. Employment Tribunals have a wide discretion in making case management orders. 1 Cites 1 Citers [ Bailii ] Â Watts v Graham Group Plc [1997] UKEAT 81_96_1706 17 Jun 1997 EAT Employment [ Bailii ] Â Viking Trailers Ltd v Walker [1997] UKEAT 654_97_1706 17 Jun 1997 EAT Employment [ Bailii ] Â Hadee Engineering Co Ltd v Hannan [1997] UKEAT 1194_96_1806 18 Jun 1997 EAT Employment [ Bailii ] Â Acford and others v Plymouth Hospitals NHS Trust [1997] UKEAT 1438_96_1806 18 Jun 1997 EAT Employment [ Bailii ] Â Bergman v Look Ahead Housing Association Ltd [1997] UKEAT 1347_96_1806 18 Jun 1997 EAT Employment [ Bailii ] Â Fairhurst v Northumberland County Council [1997] UKEAT 1333_96_1906 19 Jun 1997 EAT Judge Clark Employment 1 Citers [ Bailii ] Â Burns International Security Services (UK) Ltd v Archer [1997] UKEAT 1229_96_1906 19 Jun 1997 EAT Employment, Discrimination EAT [ Bailii ] Â Edey v Harrow School [1997] UKEAT 523_97_1906 19 Jun 1997 EAT Employment [ Bailii ] Â Avsey v University of Westminster and Another [1997] UKEAT 249_97_1906 19 Jun 1997 EAT Employment [ Bailii ] Â Beachetwood Holdings Ltd v Beck [1997] UKEAT 680_97_2006 20 Jun 1997 EAT Employment [ Bailii ] Â Senior Heat Treatment Ltd v Bell and others [1997] UKEAT 1285_96_2006 20 Jun 1997 EAT Peter Clark J Employment The employer appealed a finding as to the period of continuous employment of the claimants. Before a transfer of the undertaking to the employer, the former emloyer had paid redundancy payments to several employees, some whom in practice left to join the appellants immediately. They then sought to count the earlier period toward their continuous employment, saying that they had not consented to the alteration in their employment status. Held: The appeal was dismissed. Section 214(2) does not operate to disapply continuity for the purposes of the redundancy claims, and the Industrial Tribunal were correct in deciding that the Respondents had sufficient continuous service to bring those claims, either under TUPE, or under Section 218(2) of the 1996 Act, on the basis that if they were employed immediately before the transfer for the purposes of the former, then they were employed at the time of the transfer for the purposes of the latter. Transfer of Undertakings (Protection of Employment) Regulations 1981 - Employment Rights Act 1996 214(2) - Employment Protection (Consolidation) Act 1978 94 1 Cites [ Bailii ] Â Taylor v West Country Ambulance NHS Trust [1997] UKEAT 141_97_2006 20 Jun 1997 EAT Employment [ Bailii ] Â Murtaugh v Park Royal Haulage Ltd [1997] UKEAT 320_97_2006 20 Jun 1997 EAT Employment [ Bailii ] Â Hemsley and Another v Secretary of State for Trade and Industry [1997] UKEAT 275_97_2006 20 Jun 1997 EAT Employment [ Bailii ] Â Aeeu (Amalgamated Engineering and Electrical Union) v Thorn (Uk) Ltd [1997] UKEAT 1306_96_2306 23 Jun 1997 EAT Employment [ Bailii ] Â Cornwall Aluminium Windows Co Ltd v DawidiUK [1997] UKEAT 1405_96_2306 23 Jun 1997 EAT Employment [ Bailii ] Â Amachree v Nottingham City Council [1997] UKEAT 129_97_2306 23 Jun 1997 EAT Employment [ Bailii ] Â Frith v West Pennine Health Authority and Another [1997] UKEAT 269_97_2406 24 Jun 1997 EAT Employment [ Bailii ] Â Haulbridge Ltd v Rayner and others [1997] UKEAT 477_97_2406 24 Jun 1997 EAT Employment [ Bailii ] Â Dawnay Day and Co Ltd and Another v D'Alphen and Others Times, 24 June 1997 24 Jun 1997 CA Employment The classes of enforceable covenants in restraint of trade are not closed. A restrictive covenant may remain enforceable where a legitimate interest remains to be protected. Â Marshall v N M Financial Management Limited Times, 24 June 1997 24 Jun 1997 CA Employment The freeing of a party from an invalid restraint of trade clause, did not stop him enforcing remainder of severable contract terms. Â Imam v London Borough of Hounslow [1997] UKEAT 1367_96_2406 24 Jun 1997 EAT Employment [ Bailii ] Â Â Dench ex parte v Fynn and Partners (a Firm); CA 25-Jun-1997 - [1997] EWCA Civ 1953 Â Barnes v The Cheese Cellar Co Ltd [1997] UKEAT 98_97_2506 25 Jun 1997 EAT Employment [ Bailii ] Â Â Halford v The United Kingdom; ECHR 25-Jun-1997 - Times, 03 July 1997; 20605/92; [1997] 24 EHRR 523; [1997] ECHR 32 Â Shires Management Ltd v Wood [1997] UKEAT 1124_96_2506 25 Jun 1997 EAT Employment [ Bailii ] Â Brompton v AOC International Limited v Unum Limited [1997] EWCA Civ 1954; [1997] IRLR 639 25 Jun 1997 CA Staughton LJ Employment Where an employer uses insurance policies for the benefit of employees there is an implied duty on the part of the employer to use its best endeavours to ensure that the insurance company gives proper consideration to the employees' claims. The insurance company had misread the terms and conditions of the insurance policy and refused to pay when it should have done. Held. The employer was required to pay the insurance shortfall to the employees as a debt. Staughton LJ said, obiter, that there was a "good deal to be said" for the view that the employee could not be dismissed save for cause after becoming entitled to receive benefits under a long-term sick scheme. 1 Citers [ Bailii ] Â British Broadcasting Corporation v Kelly-Phillips [1997] UKEAT 1397_96_2506 25 Jun 1997 EAT Employment 1 Citers [ Bailii ] Â Giles v Rover Group Ltd [1997] UKEAT 338_97_2506 25 Jun 1997 EAT Employment [ Bailii ] Â Kattab v British Airways Plc and Another [1997] UKEAT 261_97_2506 25 Jun 1997 EAT Employment [ Bailii ] Â Powell v Chesterfield House Management Ltd [1997] UKEAT 399_97_2606 26 Jun 1997 EAT Employment [ Bailii ] Â Mishriki v West Midlands Rha and others [1997] UKEAT 702_96_2606 26 Jun 1997 EAT Employment [ Bailii ] Â Maini (T/A Brunswick Mini Market) v Kansagra [1997] UKEAT 578_96_2606 26 Jun 1997 EAT Employment [ Bailii ] Â Karim v Hilton International Ltd [1997] UKEAT 106_97_2606 26 Jun 1997 EAT Employment [ Bailii ] Â House of Fraser v Coleman and others [1997] UKEAT 777_97_2606 26 Jun 1997 EAT Employment [ Bailii ] Â Travelworld (Northern) Ltd v Newby [1997] UKEAT 347_97_2606 26 Jun 1997 EAT Employment [ Bailii ] Â Portman v Bromley Hospitals NHS Trust [1997] UKEAT 1300_96_2606 26 Jun 1997 EAT Employment [ Bailii ] Â Chessington World of Adventures Ltd v Reed [1998] ICR 97; [1997] IRLR 556; [1997] UKEAT 1063_96_2706 27 Jun 1997 EAT Morison J Employment, Discrimination, Judicial Review News Group Newspapers Ltd had been joined as a party, in order that it could argue the obvious public interest relating to the importance, which has long been accepted in the courts, of the interest, not just of the press but of the public generally, in freedom of reporting and openness in court hearings. Discrimination associated with a gender re-assignment process was not sex discrimination within the Act. Sex Discrimination Act 1975 1 Cites 1 Citers [ Bailii ] Â Walker v South Cambridgeshire District Council [1997] UKEAT 297_97_2706 27 Jun 1997 EAT Employment [ Bailii ] Â Pica Ceres Ltd v Wilde [1997] UKEAT 277_97_2706 27 Jun 1997 EAT Employment [ Bailii ] Â Cooper Cleaning Services Ltd v Voyse [1997] UKEAT 840_96_2706 27 Jun 1997 EAT Employment [ Bailii ] Â Pennock and Another v M and M Knitwear (1982) Ltd [1997] UKEAT 345_97_2706 27 Jun 1997 EAT Employment [ Bailii ] Â Southdown Housing Association v Barnard [1997] UKEAT 1412_96_2706 27 Jun 1997 EAT Hull QC J Employment Judge Hull said: "although an employer when conducting a disciplinary enquiry is undoubtedly required to behave fairly, he is not required to conduct a forensic hearing, a court-style hearing, in which witnesses are produced for cross-examination. He is not required to permit the attendance of legal representatives. What he is required to do is to be fair." 1 Citers [ Bailii ] Â Swift v Pagendam and Pratt [1997] UKEAT 833_96_2706 27 Jun 1997 EAT Employment [ Bailii ] Â Stanton v Oldham Metropolitan Borough Council [1997] UKEAT 1095_96_3006 30 Jun 1997 EAT Employment [ Bailii ] Â Dealy and Another v Scarlett [1997] UKEAT 81_97_3006 30 Jun 1997 EAT Employment [ Bailii ] Â Â Jefferies and Others v Mayes and Others; National Grid Company Plc v Same; National Power Plc v Feldon and Others; ChD 30-Jun-1997 - Times, 30 June 1997 Â Stockport County Association Football Club Ltd v Bergara [1997] UKEAT 625_96_3006 30 Jun 1997 EAT Employment [ Bailii ] Â 2 Care Ltd v Stephens [1997] UKEAT 2_97_3006 30 Jun 1997 EAT Employment [ Bailii ] Â Sextons ICE Ltd v Byrne [1997] UKEAT 367_97_0107 1 Jul 1997 EAT Employment [ Bailii ] Â High Table Limited v Horst, Jowett and and Burley Times, 09 July 1997; Gazette, 16 July 1997; [1997] EWCA Civ 2000; [1997] IRLR 513; [1998] ICR 409 1 Jul 1997 CA Evans, Peter Gibson, Hobhouse LJJ Employment The place where an employee was employed for the purposes of the employer's business was to be determined by a consideration of the factual circumstances which obtained until the dismissal. Where an employee had worked in only one location under his contract of employment for the purposes of the employer's business then it defied common sense to widen the extent of the place where he was so employed mainly because of the existence of a mobility clause: "If the work of the employee for his employer has involved the change of location, as would be the place where the nature of the work required the employee to go from place to place, then the contract of employment may be helpful to determine the extent of the place where the employee was employed. But it cannot be right to let the contract be the sole determinate regardless of where the employee actually worked for the employer". In addressing the questions it has to determine, an ET is not obliged to resolve (or address in its Judgment) every issue of fact or law put before it by a party. Employment Protection (Consolidation) Act 1978 81(2) 1 Cites [ Bailii ] Â Furber v Wirral Borough Council [1997] UKEAT 1141_96_0207 2 Jul 1997 EAT Employment [ Bailii ] Â D'Souza v London Borough of Lambeth [1997] UKEAT 1042_96_0207 2 Jul 1997 EAT Employment 1 Cites 1 Citers [ Bailii ] Â Apena v London Borough of Hackney and others [1997] UKEAT 268_97_0207 2 Jul 1997 EAT Employment [ Bailii ] Â Kaaba and Another v Hackney Community College and others [1997] UKEAT 283_97_0207 2 Jul 1997 EAT Employment [ Bailii ] Â British Bakeries Ltd v Denny [1997] UKEAT 984_96_0307 3 Jul 1997 EAT Employment [ Bailii ] Â Hassan v Odeon Cinemas Ltd [1997] UKEAT 1066_96_0307 3 Jul 1997 EAT Employment [ Bailii ] Â Franc-Poole v Ravenscourt Laboratories Ltd [1997] UKEAT 66_97_0307 3 Jul 1997 EAT Employment [ Bailii ] Â National Car Parks Ltd v Nyarko [1997] UKEAT 1463_96_0307 3 Jul 1997 EAT Employment [ Bailii ] Â Cruickshank v London Borough of Richmond [1997] UKEAT 483_97_0407 4 Jul 1997 EAT Employment 1 Citers [ Bailii ] Â Henry v Lambeth College [1997] UKEAT 430_96_0407 4 Jul 1997 EAT Employment [ Bailii ] Â Purchase v Ellis and Buckle [1997] EWCA Civ 2030 4 Jul 1997 CA Employment 1 Cites 1 Citers [ Bailii ] Â Donna Kay v Scott Newcombe [1997] EWCA Civ 2028 4 Jul 1997 CA Employment [ Bailii ] Â National Blood Authority and Another v Runganga [1997] UKEAT 725_97_0407 4 Jul 1997 EAT Employment [ Bailii ] Â James Edwards (Chester) Ltd v Parker [1997] UKEAT 1068_96_0407 4 Jul 1997 EAT Employment [ Bailii ] Â Murphy v General Accident Life Assurance Ltd and others [1997] UKEAT 1332_96_0407 4 Jul 1997 EAT Employment [ Bailii ] Â S Somjee v North West Regional Health Authority (Formerly Mersey Regional Health Authority) [1997] EWCA Civ 2042 7 Jul 1997 CA Discrimination, Health Professions, Employment [ Bailii ] Â Zurich Insurance Co v Gulson [1997] UKEAT 747_97_0707 7 Jul 1997 EAT Employment [ Bailii ] Â Crossfield Electronics Ltd v Marshall and others [1997] UKEAT 90_97_0707 7 Jul 1997 EAT Employment [ Bailii ] Â Benfield Automobile Transmissions Ltd v Wylens [1997] UKEAT 426_97_0707 7 Jul 1997 EAT Employment [ Bailii ] Â Morangate Ltd v Besant [1997] UKEAT 1401_96_0707 7 Jul 1997 EAT Employment [ Bailii ] Â Peter James Hailstones v Staffordshire County Council [1997] EWCA Civ 2039 7 Jul 1997 CA Employment [ Bailii ] Â A v B [1997] UKEAT 364_97_0707 7 Jul 1997 EAT Employment The claimant sought to appeal against rejection of her claim for sex and race discrimination. Held: The claimant had disappeared not leaving her contact details with her solicitors. The grounds of appeal were hopeless and inadequate. Appeal refused. [ Bailii ] Â Melrose v Reigate Housing Society for the Elderly [1997] UKEAT 181_96_0707 7 Jul 1997 EAT Employment [ Bailii ] Â Beckett v Carver and Beckett Ltd and Another [1997] UKEAT 21_97_0807 8 Jul 1997 EAT Employment 1 Cites [ Bailii ] Â Edwards v Department of Social Security [1997] UKEAT 281_97_0807 8 Jul 1997 EAT Employment [ Bailii ] Â Powney-Jones v Elecheck (Est) Ltd [1997] UKEAT 354_97_0807 8 Jul 1997 EAT Employment [ Bailii ] Â Post Office v Silva [1997] UKEAT 375_97_0807 8 Jul 1997 EAT Employment [ Bailii ] Â Northern Rubber Company Ltd v Crummey [1997] UKEAT 414_97_0807 8 Jul 1997 EAT Employment [ Bailii ] Â Mcallen v Torlane Transport Ltd [1997] UKEAT 692_96_0807 8 Jul 1997 EAT Employment [ Bailii ] Â Ingram v Independent Insurance Co Ltd [1997] UKEAT 293_97_0907 9 Jul 1997 EAT Employment [ Bailii ] Â Marche v John Lewis Plc [1997] UKEAT 670_96_0907 9 Jul 1997 EAT Employment [ Bailii ] Â Cambiero v Aldo Zilli and Sheenwalk Ltd (T/A Signor Zilli's Bar) [1997] UKEAT 273_96_0907 9 Jul 1997 EAT Employment [ Bailii ] Â Abegaze v British Telecommunications Plc [1997] UKEAT 772_97_0907 9 Jul 1997 EAT Kirkwood J Employment, Discrimination 1 Citers [ Bailii ] Â Oladele v Royal Marsden NHS Trust [1997] UKEAT 208_97_0907 9 Jul 1997 EAT Employment [ Bailii ] Â Clarke (T/A Marine Chart Services) v Davenport and Another [1997] UKEAT 1120_96_1007 10 Jul 1997 EAT Employment [ Bailii ] Â Planned Maintenance Engineering Ltd v Lucke and Another [1997] UKEAT 198_97_1007 10 Jul 1997 EAT Employment [ Bailii ] Â Van-Dijk v KLM Era Helicopters (UK) Ltd [1997] UKEAT 285_97_1007 10 Jul 1997 EAT Employment [ Bailii ] Â Varig Brazilian Airways v Tully [1997] UKEAT 1014_96_1007 10 Jul 1997 EAT Employment [ Bailii ] Â Newell and Wright (Transport Contractors) Limited v K Mennell Times, 18 July 1997; Gazette, 03 September 1997; [1997] EWCA Civ 2082 10 Jul 1997 CA Employment Requirement to accept new contract allowing deductions not sufficient alone; employee unable to show that was reason for dismissal. A refusal to accept threat of unlawful deduction from wages does not create unfair dismissal jurisdiction. Wages Act 1986 - Employment Protection (Consolidation) Act 1988 60A(2) 1 Cites 1 Citers [ Bailii ] Â Mansfield v Leeds City Council [1997] EWCA Civ 2080 10 Jul 1997 CA Employment [ Bailii ] Â Boker Aeroclean Ltd v Garnish and Another [1997] UKEAT 457_97_1007 10 Jul 1997 EAT Employment [ Bailii ] Â Wilson and others v St Helens Borough Council and Sanders and Another v St Helens Borough Council Times, 18 July 1997; Gazette, 03 September 1997; [1997] EWCA Civ 2079 10 Jul 1997 CA Employment The TUPE regulations do not stop a dismissal of employees (though it still might constitute unfair dismissals) before a relevant transfer of an undertaking. Transfer of Undertakings (Protection of Employment) Regulations 1981 (1981 No 1794) [ Bailii ] Â Matthews v Dickinson and Another [1997] UKEAT 140_95_1107 11 Jul 1997 EAT Employment [ Bailii ] Â Â Reverend Doctor A B Coker v Diocese of Southwark; Bishop of Southwark and Diocesan Board of Finance; CA 11-Jul-1997 - Gazette, 23 July 1997; [1997] EWCA Civ 2090; [1998] ICR 140 Â Yearwood v Royal Mail and others [1997] UKEAT 843_97_1107 11 Jul 1997 EAT Employment [ Bailii ] Â Orme v South Gloucestershire Council [1997] UKEAT 305_97_1107 11 Jul 1997 EAT Employment [ Bailii ] Â Woodhouse and Another v Sandringham Construction Ltd Substituted for Valentine and Co [1997] UKEAT 408_97_1107 11 Jul 1997 EAT Employment [ Bailii ] Â Norris v Jeanes and Another [1997] UKEAT 1143_96_1107 11 Jul 1997 EAT Employment [ Bailii ] Â Pearson and Another v Amey Facilities Management Ltd [1997] UKEAT 487_97_1107 11 Jul 1997 EAT Employment [ Bailii ] Â Moss v The PJH Group Ltd (T/A Hopkinsons Fourways) [1997] UKEAT 352_97_1107 11 Jul 1997 EAT Employment [ Bailii ] Â Cahill v Plushall Haulage Ltd (In Liquidation) [1997] UKEAT 1025_96_1107 11 Jul 1997 EAT Employment [ Bailii ] Â Evans v Secretary of State for Trade and Industry [1997] UKEAT 185_97_1107 11 Jul 1997 EAT Employment [ Bailii ] Â Munro v London Borough of Sutton [1997] UKEAT 700_96_1407 14 Jul 1997 EAT Employment [ Bailii ] Â Mainland Car Deliveries Ltd v Cooper and others [1997] UKEAT 492_96_1407 14 Jul 1997 EAT Employment [ Bailii ] Â Cowley v P Scholte and J S Cowley (Haulage) Ltd [1997] UKEAT 336_97_1407 14 Jul 1997 EAT Employment [ Bailii ] Â Cheers Off Licence v Richardson [1997] UKEAT 392_97_1407 14 Jul 1997 EAT Morison P J Employment, Damages [ Bailii ] Â Renel (T/A Keighley Preparatory School) v Whitley and Another [1997] UKEAT 427_97_1407 14 Jul 1997 EAT Employment [ Bailii ] Â Halfpenny v IGE Medical Systems Ltd [1997] UKEAT 1092_96_1407 14 Jul 1997 EAT Employment [ Bailii ] Â Fraser v London Electricity Plc [1997] UKEAT 197_97_1407 14 Jul 1997 EAT Employment [ Bailii ] Â Homer v Engineers and Managers Association [1997] UKEAT 842_97_1407 14 Jul 1997 EAT Employment [ Bailii ] Â Tchoula v Netto Foodstores Ltd [1997] UKEAT 1378_96_1407 14 Jul 1997 EAT Morison J P Employment, Discrimination The appicant sought leave to appeal against refusal of his claim of race discrimination. Held: Leave was granted on one point. The Industrial Tribunal under the heading "Dismissal", referred to the fact that: "The applicant lacked the ability to be a "team player" and lack interpersonal and management skills." "It seems to us to be arguable that an Industrial Tribunal when faced with a contention that an employee who is of an ethnic minority was not a team player or did not fit in, should recognise it as one of the warning signals which they should be astute to detect as being a potential sign of discrimination. It seems to us, therefore, that it is arguable that the Industrial Tribunal have not carried out the function which Parliament has imposed on them in a case such as this. We express no view one way or the other on this question, but it seems to us to call for debate before a full panel of the Employment Appeal Tribunal." Race Relations Act 1976 1 Citers [ Bailii ] Â Brooks v Secretary of State for Trade and Industry [1997] UKEAT 1180_96_1407 14 Jul 1997 EAT Employment [ Bailii ] Â John-Baptiste v City of Bradford Metropolitan Council [1997] UKEAT 1385_96_1507 15 Jul 1997 EAT Employment [ Bailii ] Â Bizlink (Europe) Ltd v Mulji [1997] UKEAT 497_96_1507 15 Jul 1997 EAT Employment [ Bailii ] Â King v Institute of Biomedical Science [1997] UKEAT 778_97_1507 15 Jul 1997 EAT Employment [ Bailii ] Â McConnachie v Iceland Frozen Foods [1997] UKEAT 812_96_1507 15 Jul 1997 EAT Employment [ Bailii ] Â Camelot Group Plc v Centaur Communications Plc Times, 15 July 1997; [1999] QB 124 15 Jul 1997 QBD Human Rights, Employment, Media Human rights law is no aid in protecting a journalist against an order requiring the return of confidential documents, even though this might identify the source of leak. Contempt of Court Act 1981 1 Citers Â R Brady and others v Mersey Docks and Harbour Co Ltd; Nelson Stevedoring (Liverpool) Ltd; Coastal Containers Ltd and Torside Ltd [1997] EWCA Civ 2121 16 Jul 1997 CA Employment [ Bailii ] Â East Park Physically Handicapped Centre v Bedford [1997] UKEAT 1209_96_1607 16 Jul 1997 EAT Employment [ Bailii ] Â Mensah v West Middlesex University Hospital NHS Trust and others [1997] UKEAT 557_97_1607 16 Jul 1997 EAT Employment 1 Citers [ Bailii ] Â Rugby Travel Specialists Ltd v Spender [1997] UKEAT 307_97_1607 16 Jul 1997 EAT Employment 1 Cites [ Bailii ] Â Roberts v Boldmere Promotions Ltd [1997] UKEAT 538_97_1607 16 Jul 1997 EAT Employment [ Bailii ] Â A T Pickering v R J Scorah [1997] EWCA Civ 2111 16 Jul 1997 CA Lord Justice Hirst Lord Justice Thorpe Employment [ Bailii ] Â Fujamade v London Borough of Hackney [1997] UKEAT 1034_96_1707 17 Jul 1997 EAT Employment [ Bailii ] Â Essex County Council v Stocker [1997] UKEAT 1395_96_1707 17 Jul 1997 EAT Employment [ Bailii ] Â C H v T B Limited [1997] UKEAT 689_96_1707 17 Jul 1997 EAT Employment [ Bailii ] Â Gosling v St George's Healthcare NHS Trust [1997] UKEAT 961_96_1707 17 Jul 1997 EAT Hull QC HHJ Employment [ Bailii ] Â Tchoula v Erteco UK Ltd [1997] UKEAT 830_97_1807 18 Jul 1997 EAT Employment 1 Citers [ Bailii ] Â Bastel v London Underground Ltd [1997] UKEAT 225_97_1807 18 Jul 1997 EAT Employment [ Bailii ] Â Bond v City College Manchester [1997] UKEAT 434_97_1807 18 Jul 1997 EAT Employment [ Bailii ] Â Anderson v Barraclough [1997] UKEAT 366_97_1807 18 Jul 1997 EAT Employment [ Bailii ] Â Higham v Governing Body of St Mary'S [1997] UKEAT 372_97_1807 18 Jul 1997 EAT Employment [ Bailii ] Â Dann v Kearney and Another [1997] UKEAT 403_97_2107 21 Jul 1997 EAT Employment [ Bailii ] Â Dykes and Another v Kettering Rifle Band Club Ltd [1997] UKEAT 84_97_2107 21 Jul 1997 EAT Employment [ Bailii ] Â Sothinathan v British Telecommunications Plc [1997] UKEAT 536_97_2107 21 Jul 1997 EAT Employment [ Bailii ] Â Babbea v Oxfordshire Learning Disability NHS Trust [1997] UKEAT 266_97_2107 21 Jul 1997 EAT Employment [ Bailii ] Â Northcott v Litchfield [1997] UKEAT 857_97_2107 21 Jul 1997 EAT Employment [ Bailii ] Â Pandya v Cherub Ltd [1997] UKEAT 28_97_2107 21 Jul 1997 EAT Employment [ Bailii ] Â Lothian v Cpk Construction Ltd and Another [1997] UKEAT 1371_95_2107 21 Jul 1997 EAT Employment [ Bailii ] Â Gregory v Wallace and Another [1997] EWCA Civ 2156 22 Jul 1997 CA Employment [ Bailii ] Â Irvine Insurance Services Ltd v Robinson [1997] UKEAT 1344_96_2207 22 Jul 1997 EAT Employment [ Bailii ] Â R Sandhu v Leicester City Council [1997] UKEAT 610_96_2207 22 Jul 1997 EAT Employment [ Bailii ] Â Bertolucci v European Bank for Reconstruction and Development and others [1997] UKEAT 276_97_2207 22 Jul 1997 EAT Employment [ Bailii ] Â Redfern v Red Bank Manufacturing Co Ltd [1997] UKEAT 1187_96_2207 22 Jul 1997 EAT Employment [ Bailii ] Â Baker v Fleet Car Contracts Ltd [1997] UKEAT 199_97_2307 23 Jul 1997 EAT Employment 1 Cites [ Bailii ] Â Palmer v Britannia Building Society [1997] UKEAT 350_97_2307 23 Jul 1997 EAT Employment [ Bailii ] Â Community Health Sheffield NHS Trust v Rose [1997] UKEAT 959_96_2307 23 Jul 1997 EAT Employment [ Bailii ] Â Generale Bank Nederland Nv (Formerly Credit Lyonnais Bank Nederland Nv) v Export Credit Guarantee Department Times, 04 August 1997; Gazette, 10 September 1997; [1998] 1 Lloyd's Rep 19; [1997] EWCA Civ 2165 23 Jul 1997 CA Stuart-Smith LJ, Hobhouse LJ Employment, Torts - Other, Vicarious Liability, Banking The bank claimed that it had been defrauded, and that since an employee of the defendant had taken part in the fraud the defendant was had vicarious liability for his participation even though they knew nothing of it. Held: Where A becomes liable to B as a joint tortfeasor with C in the tort of deceit practised by C on B on the basis that A and C have a common design to defraud B and A renders assistance to C pursuant to and in furtherance of the common design, does D, A's employer, become vicariously liable to B, simply because the act of assistance, which is not itself the deceit, is in the course of A's employment with D? An employer was not liable for the fraudulent acts of his employee during the employment but may be for purposes of fraud by third party. Hobhouse LJ said: "Mere assistance, even knowing assistance, does not suffice to make the 'secondary' party liable as a joint tortfeasor with the primary party. What he does must go further. He must have conspired with the primary party or procured or induced his commission of the tort . . ; or he must have joined in the common design pursuant to which the tort was committed" 1 Cites 1 Citers [ Bailii ] Â Argos Distribution Ltd v Klieve [1997] UKEAT 815_97_2407 24 Jul 1997 EAT Employment [ Bailii ] Â Blackburn Borough Transport Ltd v Clare [1997] UKEAT 556_97_2407 24 Jul 1997 EAT Employment [ Bailii ] Â Goodwin v Cabletel UK Ltd [1997] UKEAT 95_96_2407 24 Jul 1997 EAT Employment [ Bailii ] Â Kyi v Royal Mail [1997] UKEAT 1404_96_2507 25 Jul 1997 EAT Employment [ Bailii ] Â Johnson and others v Carnaud Metal Box [1997] UKEAT 816_97_2507 25 Jul 1997 EAT Employment [ Bailii ] Â Ayobiojo v London and Quadrant Housing Trust [1997] UKEAT 701_96_2507 25 Jul 1997 EAT Employment, Discrimination 1 Cites 1 Citers [ Bailii ] Â Rees v G B Gels Ltd [1997] UKEAT 1310_96_2507 25 Jul 1997 EAT Employment 1 Cites [ Bailii ] Â Tom Cobleigh Plc v Young [1997] UKEAT 292_97_2507 25 Jul 1997 EAT Employment [ Bailii ] Â Chissick v Chissick [1997] UKEAT 304_97_2507 25 Jul 1997 EAT Employment [ Bailii ] Â Liggins v Reynolds [1997] UKEAT 485_97_2807 28 Jul 1997 EAT Employment [ Bailii ] Â Mccullough v Stena Sealink Ltd [1997] UKEAT 991_96_2807 28 Jul 1997 EAT Employment [ Bailii ] Â Booth v Allison Berry and Grey and Another [1997] UKEAT 119_97_2807 28 Jul 1997 EAT Employment [ Bailii ] Â Ratnam and Co v Varu [1997] UKEAT 695_96_2807 28 Jul 1997 EAT Employment [ Bailii ] Â Martins v Sussex Police [1997] UKEAT 802_96_2807 28 Jul 1997 EAT Employment 1 Cites [ Bailii ] Â Yuen v The Royal Hong Kong Golf Club [1997] UKPC 40 28 Jul 1997 PC Lord Browne-Wilkinson, Lord Slynn of Hadley, Lord Lloyd of Berwick, Lord Steyn, Lord Hoffmann Commonwealth, Employment (Hong Kong) The applicant was dismissed as a caddy after nine years. The Club denied that he had ever been an employee. Other caddies had signed a form stating that they worked as independent contractors. Held: The applicant's appeal was dismissed: "the only reasonable view of the facts is that the arrangements between the Club and Mr. Cheng went no further than to amount to a licence by the Club to permit Mr. Cheng to offer himself as a caddie for individual golfers on certain terms dictated by the administrative convenience of the Club and its members. " 1 Cites [ Bailii ] Â Mitra v Neville Russell (A Firm) [1997] UKEAT 31_97_2907 29 Jul 1997 EAT Employment [ Bailii ] Â Langdale v Hannibal [1997] UKEAT 1382_96_2907 29 Jul 1997 EAT Employment [ Bailii ] Â Gates v Cosworth Engineering [1997] UKEAT 115_97_2907 29 Jul 1997 EAT Employment [ Bailii ] Â Newsquest Ltd v Powers [1997] UKEAT 877_97_2907 29 Jul 1997 EAT Employment [ Bailii ] Â Myers v Hertfordshire County Council [1997] UKEAT 880_97_2907 29 Jul 1997 EAT Employment [ Bailii ] Â Hughes v Argos Distributors Ltd [1997] UKEAT 212_97_3007 30 Jul 1997 EAT Employment [ Bailii ] Â Unwin v Sackville School and Another [1997] UKEAT 568_97_3007 30 Jul 1997 EAT Employment 1 Citers [ Bailii ] Â Jones v London Borough of Southwark and Another [1997] UKEAT 748_96_3007 30 Jul 1997 EAT Employment [ Bailii ] Â Kevin Gregory v Philip Wedgwood Wallace and Anr [1997] EWCA Civ 2293 8 Aug 1997 CA Employment [ Bailii ] Â Di Luca And Saluzzi v Italy 25837/94; [1997] ECHR 57; 25838/94 2 Sep 1997 ECHR Human Rights, Employment ECHR Judgment (Merits) - No violation of Art. 6-1. [ Bailii ] Â Di Luca And Saluzzi v Italy 25838/94; [1997] ECHR 57; 25837/94 2 Sep 1997 ECHR Human Rights, Employment ECHR Basic distinction in law of many member States of the Council of Europe between civil servants and employees governed by private law – Court has accordingly held that disputes relating to recruitment, careers and termination of service of civil servants are as a general rule outside scope of Article 6 § 1. Applicants sought recognition of existence of permanent contract of employment (Fusco) or judicial review of one or more decisions of administrative authorities assigning them to a particular staff category (remaining cases) – they thus raised disputes related to their recruitment and careers which did not concern a “civil” right within meaning of Article 6 § 1 – payment of difference in salary directly dependent on prior finding that administrative authorities had acted unlawfully (Trombetta). European Convention on Human Rights 1 Citers [ Bailii ] Â Neil Smith Motors Ltd v Joseph [1997] UKEAT 541_97_0809 8 Sep 1997 EAT Employment [ Bailii ] Â Capital Security Services Ltd v Samuels [1997] UKEAT 597_97_0809 8 Sep 1997 EAT Employment [ Bailii ] Â Rank Hovis Ltd v Wolstenholme [1997] UKEAT 990_97_0909 9 Sep 1997 EAT Employment [ Bailii ] Â Â Bhatt v Chelsea and Westminster Health Care Trust and Another; EAT 9-Sep-1997 - Times, 24 October 1997; [1997] UKEAT 479_97_0909; [1997] IRLR 660 Â Mccann v London Borough of Lambeth [1997] UKEAT 331_97_1009 10 Sep 1997 EAT Employment [ Bailii ] Â Continental Tyre Group Ltd v Holman [1997] UKEAT 442_97_1009 10 Sep 1997 EAT Employment [ Bailii ] Â Savage v Saxena [1997] UKEAT 605_97_1209 12 Sep 1997 EAT Employment 1 Citers [ Bailii ] Â Â Anywanwu and Another v South Bank Students Union and others; EAT 12-Sep-1997 - [1997] UKEAT 606_97_1209 Â United Airlines v Banningan and others [1997] UKEAT 192_97_1509 15 Sep 1997 EAT Employment [ Bailii ] Â Draper v Birbeck College [1997] UKEAT 182_97_1509 15 Sep 1997 EAT Employment [ Bailii ] Â Bell v Baxter [1997] UKEAT 931_97_1609 16 Sep 1997 EAT Employment [ Bailii ] Â Lambert v Liverpool City Council [1997] UKEAT 488_97_1709 17 Sep 1997 EAT Employment [ Bailii ] Â Bache v Essex County Council [1997] UKEAT 636_97_1709 17 Sep 1997 EAT Employment [ Bailii ] Â Smith v Prudential Assurance Company Ltd [1997] UKEAT 796_97_1809 18 Sep 1997 EAT Employment [ Bailii ] Â Sandell v London Borough of Hackney [1997] UKEAT 634_97_1809 18 Sep 1997 EAT Employment [ Bailii ] Â Gch 2000 Ltd v Bridger [1997] UKEAT 584_97_1809 18 Sep 1997 EAT Employment [ Bailii ] Â Karalia Ltd v Eracli [1997] UKEAT 453_97_1809 18 Sep 1997 EAT Employment [ Bailii ] Â Benson Environmental Ltd (T/A Benson Heating) v Jones [1997] UKEAT 1423_96_1909 19 Sep 1997 EAT Employment [ Bailii ] Â Rhys Davies and Sons Ltd v Mann and others [1997] UKEAT 337_97_1909 19 Sep 1997 EAT Employment [ Bailii ] Â Woodger v Davidson and Another (T/A Cheese Factor) [1997] UKEAT 179_97_1909 19 Sep 1997 EAT Employment [ Bailii ] Â Leeds City Council v Henderson [1997] UKEAT 938_97_1909 19 Sep 1997 EAT Employment [ Bailii ] Â Kendrick v Wirral Hospital NHS Trust [1997] UKEAT 1031_97_1909 19 Sep 1997 EAT Employment [ Bailii ] Â Gray v Shaw [1997] UKEAT 604_97_1909 19 Sep 1997 EAT Employment [ Bailii ] Â Green v West Midlands Co-Operative [1997] UKEAT 95_97_1909 19 Sep 1997 EAT Employment [ Bailii ] Â Craig v the Post Office [1997] UKEAT 26_97_2209 22 Sep 1997 EAT Employment [ Bailii ] Â Tinghamgrange Ltd (T/A Gryphonn Concrete Products) v Rudge and Another [1997] UKEAT 256_97_2309 23 Sep 1997 EAT Employment [ Bailii ] Â Leaker v Leicester Corporate Knitwear Ltd [1997] UKEAT 592_96_2309 23 Sep 1997 EAT Employment [ Bailii ] Â Abb Steward v Hunter [1997] UKEAT 1035_97_2509 25 Sep 1997 EAT Employment [ Bailii ] Â Calor Gas Ltd v Dorey [1997] UKEAT 651_97_2609 26 Sep 1997 EAT Hicks QC J Employment The employee had complained of unfair selection for redundancy. The effect of a letter dismissing him with notice was questioned. Held: The appeal was allowed. The Tribunal had erred in not allowing that there might be alternative situations arising. Whether and employee was dismissed with or without notice when not required to work any notice was a question which needed to be answered. 1 Cites [ Bailii ] Â Mathurin v the Children's Society [1997] UKEAT 1343_96_2909 29 Sep 1997 EAT Employment [ Bailii ] Â Jenbacher Holdings (Uk) Plc v Williams [1997] UKEAT 1123_97_2909 29 Sep 1997 EAT Employment [ Bailii ] Â Â Gunaydin and others v Freistaat Bayern; ECJ 30-Sep-1997 - C-36/96; [1997] EUECJ C-36/96 Â Allen and others v Amalgamated Construction Co Ltd and Another [1997] UKEAT 1112_97_0210 2 Oct 1997 EAT Employment [ Bailii ] Â Parsons and others v North Lindsey College [1997] UKEAT 448_97_0310 3 Oct 1997 EAT Employment [ Bailii ] Â Joselyn v Taylor and Another [1997] UKEAT 687_97_0310 3 Oct 1997 EAT Employment [ Bailii ] Â Rivett v West Anglia Great Northern Railway [1997] UKEAT 660_97_0310 3 Oct 1997 EAT Employment [ Bailii ] Â Underwood Ltd v Adams [1997] UKEAT 723_97_0310 3 Oct 1997 EAT Employment [ Bailii ] Â Mitchell v Burrell of Burrell's of King's Lynn [1997] UKEAT 1077_97_0310 3 Oct 1997 EAT Employment [ Bailii ] Â Adewumi v London Borough of Hackney [1997] UKEAT 679_97_0610 6 Oct 1997 EAT Employment [ Bailii ] Â Quante Telecommunications Ltd v Clark [1997] UKEAT 706_97_0610 6 Oct 1997 EAT Employment [ Bailii ] Â Dudson v Deepdene School [1997] UKEAT 674_97_0610 6 Oct 1997 EAT Employment [ Bailii ] Â Smith v Mitac Europe Ltd and Another [1997] UKEAT 520_97_0610 6 Oct 1997 EAT Employment [ Bailii ] Â Dangerous Goods Management UK Ltd v Burnett [1997] UKEAT 678_97_0610 6 Oct 1997 EAT Employment [ Bailii ] Â Smith v M R Data Management Ltd [1997] UKEAT 793_97_0710 7 Oct 1997 EAT Employment [ Bailii ] Â Rubicon Computer Systems v Parfitt [1997] UKEAT 1454_96_0710 7 Oct 1997 EAT Employment [ Bailii ] Â Newspaper Publishing Plc v National Union of Journalists [1997] UKEAT 1064_97_0710 7 Oct 1997 EAT Employment [ Bailii ] Â Glynwed Engineering Ltd v Magee and Another [1997] UKEAT 639_97_0710 7 Oct 1997 EAT Employment [ Bailii ] Â Firlands Training Ltd v Jones and Ast Training (Wales) Ltd [1997] UKEAT 666_97_0710 7 Oct 1997 EAT Employment [ Bailii ] Â Kent v STC Submarines Systems Ltd [1997] UKEAT 721_97_0710 7 Oct 1997 EAT Employment 1 Citers [ Bailii ] Â Best Security Ltd v Cowley [1997] UKEAT 1124_97_0710 7 Oct 1997 EAT Employment [ Bailii ] Â Levy v Easams Ltd [1997] UKEAT 722_97_0810 8 Oct 1997 EAT Employment [ Bailii ] Â Masiak v City Restaurants (Uk) Ltd [1997] UKEAT 683_97_0810 8 Oct 1997 EAT Employment [ Bailii ] Â London Fire Civil Defence Authority v Owusu [1997] UKEAT 703_97_0810 8 Oct 1997 EAT Employment 1 Cites [ Bailii ] Â Okpala v London Borough of Lambeth and Another [1997] UKEAT 1407_96_0810 8 Oct 1997 EAT Employment [ Bailii ] Â Milton Keynes Group Security v Adams [1997] UKEAT 749_97_0810 8 Oct 1997 EAT Employment [ Bailii ] Â Penketh Repair Services v Hilton [1997] UKEAT 451_97_0810 8 Oct 1997 EAT Employment [ Bailii ] Â Farrant v the Woodroffe School [1997] UKEAT 1117_96_0810 8 Oct 1997 EAT Employment [ Bailii ] Â Smallwood v Regional Railways North East [1997] UKEAT 624_97_0810 8 Oct 1997 EAT Employment [ Bailii ] Â Dairy Crest Transport v Fawkes [1997] UKEAT 745_97_0810 8 Oct 1997 EAT Employment [ Bailii ] Â Tamworth Electrical Wholesale Supplies Ltd v Magee [1997] UKEAT 751_97_0810 8 Oct 1997 EAT Employment [ Bailii ] Â Atkins v Clavering Nursing Home [1997] UKEAT 558_97_0810 8 Oct 1997 EAT Employment [ Bailii ] Â Patchett v Fittleworth Medical Ltd [1997] UKEAT 570_97_0910 9 Oct 1997 EAT Employment [ Bailii ] Â Ramlochun v London Borough of Greenwich [1997] UKEAT 727_97_0910 9 Oct 1997 EAT Employment [ Bailii ] Â Meiszner v Hart Timber Preservation Ltd [1997] UKEAT 691_97_0910 9 Oct 1997 EAT Employment [ Bailii ] Â Tullett v The Page Group and others [1997] UKEAT 792_97_0910 9 Oct 1997 EAT Employment [ Bailii ] Â Littlewoods Home Shopping Group Ltd v Oliver [1997] UKEAT 685_97_0910 9 Oct 1997 EAT Employment [ Bailii ] Â White v South London Transport Ltd [1997] UKEAT 910_96_0910 9 Oct 1997 EAT Employment [ Bailii ] Â Superclean Services v Douglas and Another [1997] UKEAT 692_97_0910 9 Oct 1997 EAT Employment [ Bailii ] Â Gerreyn v Envopak Group Ltd [1997] UKEAT 699_97_0910 9 Oct 1997 EAT Employment [ Bailii ] Â Higgins v Home Counties Newspapers Holdings Plc [1997] UKEAT 1048_97_0910 9 Oct 1997 EAT Employment [ Bailii ] Â D'Souza v London Borough of Lambeth [1997] UKEAT 1206_95_0910 9 Oct 1997 EAT Employment 1 Cites 1 Citers [ Bailii ] Â Alexander v Northampton Borough Council [1997] UKEAT 469_97_1010 10 Oct 1997 EAT Employment [ Bailii ] Â Thomas Bennett v Mohammed Saheid Sherifan Saheid [1997] EWCA Civ 2463 10 Oct 1997 CA Employment [ Bailii ] Â Mohammed C Hussain v Elonex Plc [1997] EWCA Civ 2462 10 Oct 1997 CA Employment The claimant sought leave to appeal against the refusal of his appeal against a finding that he had not been dismissed unfairly or discriminated against. Leave was granted on the basis that it was arguable that the procedure adopted for his dismissal was unfair. 1 Cites 1 Citers [ Bailii ] Â Beckett v Irwell Press [1997] UKEAT 711_97_1010 10 Oct 1997 EAT Employment [ Bailii ] Â Asl Scaffolding Ltd v Chaplin [1997] UKEAT 730_97_1010 10 Oct 1997 EAT Employment [ Bailii ] Â Rear Admiral T J England v Hampshire County Council [1997] UKEAT 822_97_1010 10 Oct 1997 EAT Employment [ Bailii ] Â A W Barker Ltd v Cordy [1997] UKEAT 587_97_1010 10 Oct 1997 EAT Employment [ Bailii ] Â Moffett v Secretary of State for Trade and Industry [1997] UKEAT 717_97_1310 13 Oct 1997 EAT Employment [ Bailii ] Â Pbf Piling Ltd v Bailey [1997] UKEAT 589_96_1310 13 Oct 1997 EAT Employment [ Bailii ] Â Smith v Secretary of State for Trade and Industry [1997] UKEAT 741_97_1310 13 Oct 1997 EAT Morison P Employment 1 Cites 1 Citers [ Bailii ] Â Curd v Smyth [1997] UKEAT 342_97_1310 13 Oct 1997 EAT Employment [ Bailii ] Â Yellow Pages Sales Ltd v Rejuwa [1997] UKEAT 743_97_1310 13 Oct 1997 EAT Employment [ Bailii ] Â Aparau v Iceland Frozen Foods Plc [1997] UKEAT 744_97_1310 13 Oct 1997 EAT Employment 1 Cites 1 Citers [ Bailii ] Â Chandler Haigh Dyers Ltd v Manton and Another [1997] UKEAT 554_97_1310 13 Oct 1997 EAT Employment [ Bailii ] Â Kreshnadeo Ramanah v East Surrey Health Authority [1997] EWCA Civ 2468 13 Oct 1997 CA Employment [ Bailii ] Â Collings v Employment Service [1997] UKEAT 695_97_1310 13 Oct 1997 EAT Employment [ Bailii ] Â Walker v Royal College of Nursing [1997] UKEAT 734_97_1310 13 Oct 1997 EAT Employment 1 Cites 1 Citers [ Bailii ] Â Howard-Flynn v Edgware Glazing Co Ltd and Another [1997] UKEAT 704_97_1310 13 Oct 1997 EAT Employment [ Bailii ] Â Hussain v First Service Management Ltd and Another [1997] UKEAT 617_97_1310 13 Oct 1997 EAT Employment [ Bailii ] Â International Flavours Fragrance (Gb) Ltd v Lawrence [1997] UKEAT 742_97_1310 13 Oct 1997 EAT Employment [ Bailii ] Â Jones v Lingfield Leisure Plc [1997] UKEAT 712_97_1310 13 Oct 1997 EAT Employment [ Bailii ] Â Inness v Gateshead Metropolitan Borough Council [1997] UKEAT 1160_94_1410 14 Oct 1997 EAT Employment [ Bailii ] Â Ajayi v Brent Racial Equality Council [1997] UKEAT 382_97_1410 14 Oct 1997 EAT Employment [ Bailii ] Â Moore v Travelsphere Ltd and others [1997] UKEAT 738_97_1410 14 Oct 1997 EAT Employment [ Bailii ] Â Perry v Whichford International Ltd [1997] UKEAT 715_97_1510 15 Oct 1997 EAT Employment [ Bailii ] Â Codrington v Connex South Eastern Ltd [1997] UKEAT 775_97_1510 15 Oct 1997 EAT Employment [ Bailii ] Â Samuel v Waterlows [1997] UKEAT 50_97_1510 15 Oct 1997 EAT Employment 1 Citers [ Bailii ] Â Ferney Auto Engineering Ltd v Pardoe [1997] UKEAT 664_97_1510 15 Oct 1997 EAT Employment [ Bailii ] Â Bennett v Shellys Shoes Ltd [1997] UKEAT 623_97_1510 15 Oct 1997 EAT Employment [ Bailii ] Â Unwins Ltd v Bull [1997] UKEAT 964_97_1510 15 Oct 1997 EAT Employment [ Bailii ] Â Hughes v London Underground Ltd [1997] UKEAT 228_97_1510 15 Oct 1997 EAT Employment [ Bailii ] Â London Borough of Southwark v Kudawoo [1997] UKEAT 736_97_1510 15 Oct 1997 EAT Employment [ Bailii ] Â Hirst Magnetic Instruments Ltd v Milano [1997] UKEAT 862_97_1510 15 Oct 1997 EAT Employment [ Bailii ] Â Alboni v Ind Coope Retail Ltd [1997] EWCA Civ 2482 15 Oct 1997 CA Employment 1 Cites 1 Citers [ Bailii ] Â Mohamed v Crown Lodge Management Co Ltd [1997] UKEAT 486_97_1510 15 Oct 1997 EAT Employment [ Bailii ] Â Â Strathclyde Regional Council v Zafar; Zafar v Glasgow City Council; HL 16-Oct-1997 - Times, 08 December 1997; Gazette, 17 December 1997; Gazette, 26 February 1998; [1997] UKHL 54; [1997] 1 WLR 1659; [1997] IRLR 229 CS; [1998] ICR 120; 1998 SC (HL) 27; [1998] 2 All ER 953; 1998 SLT 135 Â ASI Glass Processing v Davies [1997] UKEAT 759_97_1610 16 Oct 1997 EAT Employment [ Bailii ] Â Perrott v Heat Radiation Ltd [1997] UKEAT 786_97_1610 16 Oct 1997 EAT Employment [ Bailii ] Â Maltel Ltd (T/A Maltel Hertford) v Howard [1997] UKEAT 821_97_1610 16 Oct 1997 EAT Employment [ Bailii ] Â Mckenzie v London Borough of Brent [1997] UKEAT 930_97_1610 16 Oct 1997 EAT Employment [ Bailii ] Â Gillian Widger v Susan Crook [1997] EWCA Civ 2501 16 Oct 1997 CA Employment Application for leave to appeal and for an extension of time in which to appeal. [ Bailii ] Â Â Tracy and others v Crosville Wales Ltd; HL 16-Oct-1997 - Gazette, 29 October 1997; Times, 20 October 1997; [1997] UKHL 42; [1997] 4 All ER 449; [1997] 3 WLR 800 Â Weir v Stephen Alans Jewellers [1997] UKEAT 550_97_1610 16 Oct 1997 EAT Employment [ Bailii ] Â Bomford Turner Ltd v Cutler [1997] UKEAT 675_97_1610 16 Oct 1997 EAT Employment [ Bailii ] Â Chequepoint (Uk) Ltd v Jamal-Ahmad [1997] UKEAT 879_97_1610 16 Oct 1997 EAT Employment [ Bailii ] Â London Borough of Haringey v Gmb and Office Cleaning Services Ltd [1997] UKEAT 627_97_1610 16 Oct 1997 EAT Employment [ Bailii ] Â O'Neill v Symm and Company Ltd [1997] UKEAT 885_97_1610 16 Oct 1997 EAT Employment, Discrimination 1 Cites 1 Citers [ Bailii ] Â Panton v Sanctuary Music Productions Ltd [1997] UKEAT 681_97_1610 16 Oct 1997 EAT Employment [ Bailii ] Â Vallone v Forte (Uk) Plc [1997] UKEAT 626_97_1610 16 Oct 1997 EAT Employment [ Bailii ] Â Harding v London Borough of Brent [1997] UKEAT 402_97_1710 17 Oct 1997 EAT Employment [ Bailii ] Â Camellian Manufacturing Ltd v J Leggett and others [1997] UKEAT 757_97_1710 17 Oct 1997 EAT Employment [ Bailii ] Â Light Ideal Ltd (T/A Niki Ltd) v Gerogiokas [1997] UKEAT 824_97_1710 17 Oct 1997 EAT Employment [ Bailii ] Â Andrews v Post Office [1997] UKEAT 756_97_1710 17 Oct 1997 EAT Employment [ Bailii ] Â Broadbent v Wirral Borough Council [1997] UKEAT 753_97_1710 17 Oct 1997 EAT Employment [ Bailii ] Â Evans v Deen City Farm [1997] UKEAT 240_97_1710 17 Oct 1997 EAT Employment [ Bailii ] Â Munde v Cambridge Consulting Engineers [1997] UKEAT 785_97_1710 17 Oct 1997 EAT Employment [ Bailii ] Â Howells Glazing Systems v Cooper [1997] UKEAT 800_97_1710 17 Oct 1997 EAT Employment [ Bailii ] Â Thompson v Acacia Meats Ltd [1997] UKEAT 470_97_2010 20 Oct 1997 EAT Employment [ Bailii ] Â Â Clancey Ltd v Akram; EAT 20-Oct-1997 - [1997] UKEAT 1097_96_2010 Â Kinmond v Rushton Connections Ltd [1997] UKEAT 799_97_2010 20 Oct 1997 EAT Employment [ Bailii ] Â Computerking Ltd v Warner [1997] UKEAT 686_97_2010 20 Oct 1997 EAT Employment [ Bailii ] Â Temple Grove School v Gorst [1997] UKEAT 592_97_2010 20 Oct 1997 EAT Employment [ Bailii ] Â Wakeman and others v Quick Corporation and Noriaki Nakajima [1997] UKEAT 357_97_2010 20 Oct 1997 EAT Employment [ Bailii ] Â Musker v Innovex (Uk) Ltd [1997] UKEAT 1161_96_2010 20 Oct 1997 EAT Employment [ Bailii ] Â Mallenash Ltd v Hussein [1997] UKEAT 837_97_2010 20 Oct 1997 EAT Employment [ Bailii ] Â Sylvia Gidden and Robert Gidden v W and H Gidden Limited [1997] EWCA Civ 2534 21 Oct 1997 CA Employment [ Bailii ] Â Mclaughlin v London Borough of Southwark [1997] UKEAT 1218_97_2110 21 Oct 1997 EAT Employment [ Bailii ] Â Garrett v Lloyds of London [1997] UKEAT 583_97_2210 22 Oct 1997 EAT Employment 1 Cites 1 Citers [ Bailii ] Â Carisway Cleaning Consultants Ltd v Richards and Another [1997] UKEAT 629_97_2210 22 Oct 1997 EAT Employment [ Bailii ] Â Richards v British Council [1997] UKEAT 835_97_2210 22 Oct 1997 EAT Employment [ Bailii ] Â Matthews v Pearl Assurance Plc [1997] UKEAT 552_97_2210 22 Oct 1997 EAT Employment [ Bailii ] Â Small v Jewson Ltd [1997] UKEAT 862_96_2210 22 Oct 1997 EAT Employment [ Bailii ] Â Boxall v Durham County Council [1997] UKEAT 795_97_2210 22 Oct 1997 EAT Employment [ Bailii ] Â Gordon v Videotron Communications Ltd [1997] UKEAT 65_96_2210 22 Oct 1997 EAT Employment [ Bailii ] Â Barnes v Gilmartin Associates [1997] UKEAT 825_97_2210 22 Oct 1997 EAT Employment [ Bailii ] Â Camelot Group plcv Centaur Communications Limited Gazette, 12 November 1997; Times, 30 October 1997; [1997] EWCA Civ 2554; [1999] QB 124 23 Oct 1997 CA Lord Justice Schiemann, Lord Justice Thorpe, Lord Justice Mummery Contempt of Court, Employment, Media, Human Rights An order for a journalist to disclose the name of an employee disclosing his employer's information, may be made where there was a need to identify a disloyal employee. Here drafts of accounts had been released to embarrass the company. The documents involved were stolen, and a return of them would enable identification of the source of them. Could the section protect the source? A balancing exercise was required, one which would differ from case to case. Here it weighed in favour of disclosure. In this case there remained a threat of further damage from a disloyal senior employee. Contempt of Court Act 1981 10 - European Convention on Human Rights Art 10 1 Cites 1 Citers [ Bailii ] Â Ansari v Boulton [1997] UKEAT 578_97_2310 23 Oct 1997 EAT Employment [ Bailii ] Â John Hardy Shannon v Country Casuals Holdings Plc [1997] EWCA Civ 2559 23 Oct 1997 CA Employment 1 Cites 1 Citers [ Bailii ] Â Annetts v Asa Group Developments Ltd [1997] UKEAT 527_97_2310 23 Oct 1997 EAT Employment [ Bailii ] Â Smith (Practising As Kendrick Williams and Co) v Kaur [1997] UKEAT 460_97_2310 23 Oct 1997 EAT Employment [ Bailii ] Â Hill v Secretary of State for Trade and Industry [1997] UKEAT 866_96_2310 23 Oct 1997 EAT Employment [ Bailii ] Â Mostyn House School v Stovell [1997] UKEAT 854_97_2310 23 Oct 1997 EAT Employment [ Bailii ] Â Thomas Magnay and Co v Burns [1997] UKEAT 595_97_2310 23 Oct 1997 EAT Employment [ Bailii ] Â Havers v Executive Cleaning Services [1997] UKEAT 1225_97_2410 24 Oct 1997 EAT Employment [ Bailii ] Â Harris v BCC Marketing Services Ltd [1997] UKEAT 790_97_2410 24 Oct 1997 EAT Employment [ Bailii ] Â Turvey v London Brent Ltd and Another [1997] UKEAT 401_97_2410 24 Oct 1997 EAT Employment [ Bailii ] Â Elvins v Collins [1997] UKEAT 764_97_2410 24 Oct 1997 EAT Employment [ Bailii ] Â Khan v Morgan Collins Group Ltd [1997] UKEAT 389_97_2410 24 Oct 1997 EAT Employment [ Bailii ] Â Ramful v Nw Mental Health NHS Trust and Another [1997] UKEAT 628_97_2410 24 Oct 1997 EAT Employment [ Bailii ] Â McMaster v Manchester Airport Plc Gazette, 13 May 1998; [1997] UKEAT 149_97_2710; [1998] IRLR 112; 593 IRLB 17 27 Oct 1997 EAT Morison J P Employment The claimant was summarily dismissed by letter while on sickness leave. The letter arrived 9 November 1995, but he was on a day trip to France. He read the letter on return the day after. His unfair dismissal complaint was received by the industrial tribunal on 9 February 1996. Accordingly, if the effective date of termination of his employment was 9 November when the letter arrived at his home, his complaint was presented one day out of time. If his employment did not effectively terminate until the following day when he read the letter, his complaint was in time. Held: The effective date of termination of a contract of employment could not be earlier than the date on which an employee received knowledge that he was being dismissed. The doctrine of constructive or presumed knowledge had no place in questions as to whether a dismissal had been communicated, save only in the evidential sense that an industrial tribunal would be likely to assume that letters usually arrive in the normal course of post and that people are to be taken, normally, as opening their letters promptly after they have arrived. Notices terminating employment were deemed to be served on the day they were actually received. In the absence of wilful shutting of eyes to a letter, notions of when notices were constructively served have no place in employment law. 1 Cites 1 Citers [ Bailii ] Â Joseph Ltd v Heath [1997] UKEAT 881_97_2710 27 Oct 1997 EAT Employment [ Bailii ] Â Manuelpillai v John Lewis Plc [1997] UKEAT 852_97_2710 27 Oct 1997 EAT Employment [ Bailii ] Â Weeks v Technic Electric Ltd [1997] UKEAT 787_97_2710 27 Oct 1997 EAT Employment [ Bailii ] Â Mcleod-Brown v Concrete Grinding Ltd [1997] UKEAT 728_97_2710 27 Oct 1997 EAT Employment [ Bailii ] Â Healey v Excel Logistics Ltd [1997] UKEAT 846_97_2710 27 Oct 1997 EAT Employment [ Bailii ] Â Joseph and others v Exel Logistics and others [1997] UKEAT 765_97_2710 27 Oct 1997 EAT Employment 1 Cites [ Bailii ] Â Pumfrey v Chartwells [1997] UKEAT 164_97_2710 27 Oct 1997 EAT Employment [ Bailii ] Â Capitol Security Services Ltd v Blake [1997] UKEAT 961_97_2710 27 Oct 1997 EAT Employment [ Bailii ] Â Tiptoes Theatre Dance Fitness Studio (A Firm) v Barnes [1997] UKEAT 522_97_2710 27 Oct 1997 EAT Employment [ Bailii ] Â Ward v Midland Bank Plc [1997] UKEAT 829_96_2710 27 Oct 1997 EAT Employment [ Bailii ] Â Carlton v La Manga Holidays Ltd [1997] UKEAT 853_97_2710 27 Oct 1997 EAT Employment [ Bailii ] Â Doddridge v Liverpool Personal Service [1997] UKEAT 808_97_2710 27 Oct 1997 EAT Employment [ Bailii ] Â Lambert and Another v Booker Foodservice Group Ltd [1997] UKEAT 898_97_2710 27 Oct 1997 EAT Employment [ Bailii ] Â George Stanley Ike v London Borough of Islington and David Taylor [1997] EWCA Civ 2581 28 Oct 1997 CA Employment [ Bailii ] Â Connor v Empire Stores Ltd [1997] UKEAT 895_97_2810 28 Oct 1997 EAT Employment [ Bailii ] Â Shipman v B and Q Plc [1997] UKEAT 593_97_2910 29 Oct 1997 EAT Employment [ Bailii ] Â Management Committee and Members of Iranian Association v Adibi [1997] UKEAT 1220_97_2910 29 Oct 1997 EAT Employment [ Bailii ] Â Gate Gourmet Ecas Ltd v Singh [1997] UKEAT 610_97_2910 29 Oct 1997 EAT Employment [ Bailii ] Â Lincoln District Healthcare NHS Trust v Brown [1997] UKEAT 418_97_2910 29 Oct 1997 EAT Employment [ Bailii ] Â Sharpe and Fisher (Building Supplies) Ltd v Wells [1997] UKEAT 1035_96_2910 29 Oct 1997 EAT Employment [ Bailii ] Â Laxton v Church In Wales, Representative Body of [1997] UKEAT 968_97_2910 29 Oct 1997 EAT Employment [ Bailii ] Â Butt v London Borough of Ealing [1997] UKEAT 813_97_2910 29 Oct 1997 EAT Employment [ Bailii ] Â Alleyne v London Underground Ltd [1997] UKEAT 529_97_2910 29 Oct 1997 EAT Employment [ Bailii ] Â Kirkby v Abbey Cars (Hexham) Ltd and Another [1997] UKEAT 809_97_2910 29 Oct 1997 EAT Employment [ Bailii ] Â Wallace v United Grain Growers Ltd [1997] 3 SCR 701; [1997] 152 DLR (4th) 1 30 Oct 1997 Lamer CJ and La Forest, L'Heureux-Dube, Sopinka, Gonthier, Cory, McLachlin, Iacobucci and Major JJ Commonwealth, Employment, Damages SCC (Supreme Court of Canada) Bankruptcy - Property of bankrupt - Salary, wages or other remuneration - Undischarged bankrupt bringing action for wrongful dismissal - Whether damages for wrongful dismissal included in “salary, wages or other remuneration” - Bankruptcy Act, R.S.C., 1985, c. B 3, s. 68(1). Civil procedure - Wrongful dismissal - Undischarged bankrupt seeking damages for wrongful dismissal - Whether undischarged bankrupt can bring action for wrongful dismissal in his own name. Employment law - Wrongful dismissal - Employee summarily discharged seeking damages for wrongful dismissal - Trial judge awarding employee damages based on 24 month notice period and aggravated damages - Whether Court of Appeal erred in reducing reasonable notice period to 15 months - Whether Court of Appeal erred in overturning aggravated damages award - Whether action can be brought for "bad faith discharge" - Whether employee entitled to punitive damages. 1 Citers [ SCC ] Â Dench v Fynn and Partners [1997] UKEAT 107_97_3010 30 Oct 1997 EAT Employment 1 Cites 1 Citers [ Bailii ] Â John Dee Ltd (In Administration) v Mayfield [1997] UKEAT 673_97_3010 30 Oct 1997 EAT Employment [ Bailii ] Â O'Loughlin v Ministry of Defence [1997] UKEAT 850_97_3110 31 Oct 1997 EAT Employment [ Bailii ] Â Gough v B and Q Plc [1997] UKEAT 851_97_3110 31 Oct 1997 EAT Employment [ Bailii ] Â Gledhill v G and J Spencer Plc (T/A Hygiene Specialists) [1997] UKEAT 893_97_3110 31 Oct 1997 EAT Employment 1 Cites [ Bailii ] Â Perkins v Kwelm Employment Services Ltd [1997] UKEAT 878_97_3110 31 Oct 1997 EAT Employment [ Bailii ] Â Eshak v Pinkerton Security Services [1997] UKEAT 499_95_3110 31 Oct 1997 EAT Employment [ Bailii ] Â Roussel v British Telecommunications Plc [1997] UKEAT 758_97_3110 31 Oct 1997 EAT Employment [ Bailii ] Â Thamesdown Borough Council v Turrell [1997] UKEAT 459_97_3110 31 Oct 1997 EAT Employment [ Bailii ] Â Willis v Mars Confectionary [1997] UKEAT 439_97_3110 31 Oct 1997 EAT Employment [ Bailii ] Â Williams v London Borough of Southwark [1997] UKEAT 471_97_3110 31 Oct 1997 EAT Employment [ Bailii ] Â Adebowale v Post Office [1997] UKEAT 771_97_3110 31 Oct 1997 EAT Employment [ Bailii ] Â Mahmood v Jang Publications Ltd [1997] UKEAT 561_97_0311 3 Nov 1997 EAT Employment [ Bailii ] Â Sanderson v Farnell Electronic Components Plc [1997] UKEAT 1051_96_0311 3 Nov 1997 EAT Employment [ Bailii ] Â Beadlow Manor Plc v Callan [1997] UKEAT 827_97_0311 3 Nov 1997 EAT Employment [ Bailii ] Â Khan v Nrc Ltd and others [1997] UKEAT 1233_97_0311 3 Nov 1997 EAT Employment [ Bailii ] Â Jones v Jeffrey Rosson of Great Company Ltd [1997] UKEAT 576_97_0311 3 Nov 1997 EAT Employment [ Bailii ] Â Coren v M Antonee and Nonfield Ltd [1997] UKEAT 452_97_0311 3 Nov 1997 EAT Employment [ Bailii ] Â Butler v White Rose Environmental Ltd [1997] UKEAT 900_97_0311 3 Nov 1997 EAT Employment [ Bailii ] Â Eurobell Holdings Plc v Barker and Another [1997] UKEAT 1293_96_0311 3 Nov 1997 EAT Employment [ Bailii ] Â Hillerton v Berkshire County Council [1997] UKEAT 762_97_0311 3 Nov 1997 EAT Employment [ Bailii ] Â Evans v Palatine School [1997] UKEAT 1032_97_0411 4 Nov 1997 EAT Employment [ Bailii ] Â Thanet College v C [1997] UKEAT 894_97_0411 4 Nov 1997 EAT Employment [ Bailii ] Â Mclean v Mclane Ltd [1997] UKEAT 682_96_0411 4 Nov 1997 EAT Employment [ Bailii ] Â J C Security Services Ltd v Mccann [1997] UKEAT 85_97_0411 4 Nov 1997 EAT Employment [ Bailii ] Â Ministry of Defence v D J Wheeler and Ministry of Defence v S Donald and Ministry of Defence v Nixon and Ministry of Defence v J Joslyn Gazette, 26 November 1997; Times, 19 November 1997; [1997] EWCA Civ 2647 5 Nov 1997 CA Employment, Discrimination, Damages, Armed Forces Damages for unfair dismissal for pregnancy were to be calculated as a sum which the employee would have been earned, less any actual or putative earnings and a discount. [ Bailii ] Â Rama v South West Trains [1997] EWHC Admin 976 5 Nov 1997 Admn Health and Safety, Employment Safety Representatives and Safety Committees Regulations 1977 11 [ Bailii ] Â M v Vincent [1997] UKEAT 991_97_0611 6 Nov 1997 EAT Employment [ Bailii ] Â Riverside Mental Health Trust v Junaideen [1997] UKEAT 1058_97_0611 6 Nov 1997 EAT Employment [ Bailii ] Â Osei v Irish Life Assurance Ltd [1997] UKEAT 1339_95_0611 6 Nov 1997 EAT Employment [ Bailii ] Â Philips Consumer Communications v Somerville [1997] UKEAT 970_97_0611 6 Nov 1997 EAT Employment [ Bailii ] Â Hepworth Building Products Ltd v Ferguson [1997] UKEAT 353_97_0611 6 Nov 1997 EAT Employment [ Bailii ] Â Yugaraj v Telegraph Service Stations Ltd [1997] UKEAT 525_97_0711 7 Nov 1997 EAT Employment [ Bailii ] Â Dentice v Office of Population Censuses and Surveys [1997] UKEAT 409_96_0711 7 Nov 1997 EAT Employment [ Bailii ] Â Claybrooke v Hughes and Another [1997] UKEAT 602_97_0711 7 Nov 1997 EAT Employment [ Bailii ] Â Cuckson v Taylor [1997] UKEAT 735_97_0711 7 Nov 1997 EAT Employment [ Bailii ] Â King v The Hundred of Hoo Nursery [1997] UKEAT 789_97_0711 7 Nov 1997 EAT Employment [ Bailii ] Â Palmers Ltd v Scovell [1997] UKEAT 461_97_1011 10 Nov 1997 EAT Employment [ Bailii ] Â Carr v Wood and Mott Ltd [1997] UKEAT 668_97_1011 10 Nov 1997 EAT Employment [ Bailii ] Â Doshi v London General Transport Service Ltd [1997] UKEAT 1209_97_1011 10 Nov 1997 EAT Employment [ Bailii ] Â Williams v Royal Institution of Chartered Surveyors [1997] UKEAT 551_97_1011 10 Nov 1997 EAT Employment [ Bailii ] Â Stevens v Mullaley and Co Ltd [1997] UKEAT 882_97_1011 10 Nov 1997 EAT Employment [ Bailii ] Â Henry and others v London General Transport Services Ltd [1997] UKEAT 960_97_1011 10 Nov 1997 EAT Employment [ Bailii ] Â Heaton v Colas Ltd and others [1997] UKEAT 270_97_1011 10 Nov 1997 EAT Employment [ Bailii ] Â Montalto v Westminster City Council [1997] UKEAT 608_97_1011 10 Nov 1997 EAT Employment [ Bailii ] Â Green v Sheila Grey (Proprietor) Hairpin [1997] UKEAT 826_97_1011 10 Nov 1997 EAT Employment [ Bailii ] Â Rosenbaum v London Borough of Islington [1997] UKEAT 19_97_1111 11 Nov 1997 EAT Employment [ Bailii ] Â Rowlands v City of Bradford Metropolitan Council [1997] UKEAT 576_96_1111 11 Nov 1997 EAT Employment [ Bailii ] Â Robson v Inland Revenue and others [1997] UKEAT 298_97_1111 11 Nov 1997 EAT Employment [ Bailii ] Â Nwangoro v London Borough of Southwark and others [1997] UKEAT 1219_96_1111 11 Nov 1997 EAT Employment [ Bailii ] Â Hilton Contracts Ltd v Lennon [1997] UKEAT 1247_97_1111 11 Nov 1997 EAT Employment [ Bailii ] Â Athwal v Secretary of State for Trade and Industry [1997] UKEAT 241_97_1211 12 Nov 1997 EAT Employment [ Bailii ] Â Baker v Lipkin Gorman [1997] UKEAT 633_97_1211 12 Nov 1997 EAT Employment [ Bailii ] Â Â EMI Group Electronics Ltd v Coldicutt (Inspector of Taxes); ChD 12-Nov-1997 - Times, 14 November 1997; Gazette, 12 November 1997 Â Second Image Ltd v Watkins and Another [1997] UKEAT 196_97_1211 12 Nov 1997 EAT Employment [ Bailii ] Â Eurobell (Holdings) Plc v Barker and Another Times, 12 November 1997 12 Nov 1997 EAT Employment It is within the power of an industrial tribunal to regulate its own procedure by ordering simultaneous exchange of witness statements. Industrial Tribunals (Constitution and Rules of Procedure) Regulations 1993 (1993 No 2687) Â Sackey v Superdrug Stores Plc [1997] UKEAT 303_97_1311 13 Nov 1997 EAT Employment [ Bailii ] Â Fisons Plc and Rhone-Poullencrorer v Jeffries [1997] UKEAT 524_97_1311 13 Nov 1997 EAT Employment [ Bailii ] Â AB v CD [1997] UKEAT 1272_96_1311 13 Nov 1997 EAT Peter Clark J Employment, Discrimination The claimant had been a cook. A poster was put up at work redrawn to show her in a sexually suggestive pose. The court now considered an appeal agreed by consent by the parties. Held: Since the case had been heard, the Court of Appeal in Tower Boot had amended the law, and the appeal was appropriate. The case was to be remitted. Sex Discrimination Act 1975 41(1) 1 Cites [ Bailii ] Â South Wales Police v Walters and others [1997] UKEAT 621_97_1411 14 Nov 1997 EAT Employment 1 Cites [ Bailii ] Â Jayaratne v London Borough of Redbridge [1997] UKEAT 325_97_1411 14 Nov 1997 EAT Employment [ Bailii ] Â Adhia v Messrs Bhadresa and Co [1997] UKEAT 661_97_1411 14 Nov 1997 EAT Employment [ Bailii ] Â Milner v Charnos Plc [1997] UKEAT 899_97_1411 14 Nov 1997 EAT Employment [ Bailii ] Â Ramsey v Hilditch [1997] UKEAT 1275_96_1411 14 Nov 1997 EAT Employment [ Bailii ] Â Stables v the Executive Committee of Croydon Mencap [1997] UKEAT 458_97_1411 14 Nov 1997 EAT Employment [ Bailii ] Â Ali v Avesta Sheffield Ltd [1997] UKEAT 562_97_1711 17 Nov 1997 EAT Employment, Discrimination 1 Cites 1 Citers [ Bailii ] Â Brockbank v Gill [1997] UKEAT 585_97_1711 17 Nov 1997 EAT Employment [ Bailii ] Â Â Janciuk v Winerite Ltd; EAT 17-Nov-1997 - Gazette, 11 March 1998; [1998] IRLR 63 Â Sothinathan v British Telecommunications Plc [1997] EWCA Civ 2737 17 Nov 1997 CA Employment [ Bailii ] Â Samantha Hutchings v Coinseed Limited [1997] EWCA Civ 2736 17 Nov 1997 CA Employment [ Bailii ] Â Tate v Salvesen Logistics Ltd [1997] UKEAT 226_97_1711 17 Nov 1997 EAT Employment [ Bailii ] Â Hoeffler v Kwik Save Stores Ltd [1997] UKEAT 803_97_1711 17 Nov 1997 EAT Employment [ Bailii ] Â Intasean v Glenthorpe Engineering Co [1997] UKEAT 924_97_1711 17 Nov 1997 EAT Employment [ Bailii ] Â New Century Cleaning Co v Church and others [1997] UKEAT 455_97_1811 18 Nov 1997 EAT Employment [ Bailii ] Â Lynn v Unison [1997] UKEAT 875_97_1811 18 Nov 1997 EAT Employment [ Bailii ] Â State of Kuwait v Fevzi [1997] UKEAT 980_97_1811 18 Nov 1997 EAT Employment [ Bailii ] Â HM Prison Service v Hopkins [1997] UKEAT 1149_97_1811 18 Nov 1997 EAT Employment [ Bailii ] Â Mensah v Whittington Hospital NHS Trust and others [1997] UKEAT 831_96_1911 19 Nov 1997 EAT Employment, Discrimination 1 Cites [ Bailii ] Â Miles v Asda [1997] UKEAT 432_97_1911 19 Nov 1997 EAT Employment [ Bailii ] Â Pendragon Plc v Jackson Times, 19 November 1997 19 Nov 1997 EAT Employment The right of appeal from the tribunal to the EAT in matters of contract law was lost in the new regulations; there are no statutory provision for what would be a statutory procedure.. Industrial Tribunals Act 1996 1 Citers Â Ramful v London Borough of Hounslow [1997] UKEAT 1037_97_1911 19 Nov 1997 EAT Employment [ Bailii ] Â Ramsay v The Arab Republic of Egypt [1997] UKEAT 861_97_1911 19 Nov 1997 EAT Employment [ Bailii ] Â Cunningham v Crawley Borough Council [1997] UKEAT 495_97_1911 19 Nov 1997 EAT Employment [ Bailii ] Â Â FSS Travel and Leisure Systems Limited v Johnson and Chauntry Corporation Limited; CA 19-Nov-1997 - [1997] EWCA Civ 2759; [1999] FSR 235 Â Savar v Mcandie and Another [1997] UKEAT 640_97_1911 19 Nov 1997 EAT Employment [ Bailii ] Â Mensah v Bell and others [1997] UKEAT 705_96_1911 19 Nov 1997 EAT Employment, Discrimination Race Relations Act 1976 [ Bailii ] Â Young v Critchleys [1997] UKEAT 387_97_1911 19 Nov 1997 EAT Employment [ Bailii ] Â Thakker v Nottingham City Hospital NHS Trust [1997] UKEAT 368_97_1911 19 Nov 1997 EAT Employment [ Bailii ] Â Petrie and others v Universita degli studi di Verona and Bettoni C-90/96; [1997] EUECJ C-90/96 20 Nov 1997 ECJ C. Gulmann, P Employment Freedom of movement for workers - Foreign-language assistants - Eligibility for appointment to teach supplementary courses and to fill temporary teaching vacancies in universities [ Bailii ] Â Collison v British Broadcasting Corporation [1997] UKEAT 1248_97_2011 20 Nov 1997 EAT Employment [ Bailii ] Â Tinald v Tencer Ltd [1997] UKEAT 1107_97_2011 20 Nov 1997 EAT Employment [ Bailii ] Â View Point (Presentations) Ltd v Creese [1997] UKEAT 153_97_2011 20 Nov 1997 EAT Employment [ Bailii ] Â Sandwell Healthcare NHS Trust v Lowe [1997] UKEAT 1054_97_2011 20 Nov 1997 EAT Employment [ Bailii ] Â Danmarks Aktive Handelsrejsende Acting On Behalf of Mosbaek v Garantifond Times, 20 November 1997 20 Nov 1997 ECJ Employment Employee working in one state for employer established in another is entitled to guarantee payment from country where company established. Â Nwokobia v Allied Dunbar Plc [1997] UKEAT 792_96_2011 20 Nov 1997 EAT Employment [ Bailii ] Â R v A [1997] UKEAT 51_96_2111 21 Nov 1997 EAT Employment [ Bailii ] Â Merseyside Tec Limited v Noorani [1997] EWCA Civ 2795 21 Nov 1997 CA Employment, Discrimination Application for leave to appeal. The respondent had said that the EAT had erred in overturning the tribunal chair's decision not to issue witness summonses. Held. Leave was granted. 1 Cites 1 Citers [ Bailii ] Â Bowerman v Lancashire County Council [1997] EWCA Civ 2786 21 Nov 1997 CA Employment [ Bailii ] Â Bruce v Charles Fellowes Partnership [1997] UKEAT 1272_97_2411 24 Nov 1997 EAT Employment [ Bailii ] Â Green v Harmony Healthcare Plc (T/A Huntercombe Hall Nursing Home) and Another [1997] UKEAT 1280_97_2411 24 Nov 1997 EAT Employment [ Bailii ] Â Stanger v Nottinghamshire County Council [1997] UKEAT 910_97_2411 24 Nov 1997 EAT Employment [ Bailii ] Â Holden v West Berkshire Priority Care Service NHS Trust [1997] UKEAT 1080_97_2411 24 Nov 1997 EAT Employment 1 Cites [ Bailii ] Â Ponsford-Jones v Hampshire Education Authority and Another [1997] UKEAT 883_97_2511 25 Nov 1997 EAT Employment [ Bailii ] Â Duggal v Connex South Eastern Ltd [1997] UKEAT 265_97_2511 25 Nov 1997 EAT Employment [ Bailii ] Â Bater and Hopkins v Revlon Manufacturing Limited [1997] EWCA Civ 2825 25 Nov 1997 CA Employment [ Bailii ] Â Thomas Pink Ltd v Fernandez [1997] UKEAT 982_97_2511 25 Nov 1997 EAT Employment [ Bailii ] Â Cobex Ltd v Green [1997] UKEAT 127_97_2511 25 Nov 1997 EAT Employment [ Bailii ] Â London Borough of Islington v Cutler [1997] UKEAT 490_97_2511 25 Nov 1997 EAT Employment [ Bailii ] Â Moss v Bass Taverns Ltd [1997] UKEAT 159_97_2511 25 Nov 1997 EAT Employment [ Bailii ] Â Technology House Group Plc v Andrews [1997] UKEAT 1005_97_2511 25 Nov 1997 EAT Employment The Appellant claims that the Respondent was not employed by them but by another Company. No formal appearance was entered by the Respondent and the alleged employers, Datacare Resources Plc, sent two letters which made the claim that the Respondent was an employee of Datacare. [ Bailii ] Â Central Autopoint Ltd v Jacobs [1997] UKEAT 1024_97_2611 26 Nov 1997 EAT Employment [ Bailii ] Â Simpson v Lincoln City Council [1997] UKEAT 716_97_2611 26 Nov 1997 EAT Employment [ Bailii ] Â Kanu v Rabbatts and Another [1997] UKEAT 1235_97_2611 26 Nov 1997 EAT Employment [ Bailii ] Â Loveless v Colman [1997] UKEAT 767_97_2611 26 Nov 1997 EAT Employment [ Bailii ] Â Temple Security Services Ltd v Chay [1997] UKEAT 814_97_2611 26 Nov 1997 EAT Employment [ Bailii ] Â J T Dove Ltd v Howie [1997] UKEAT 1173_97_2711 27 Nov 1997 EAT Employment [ Bailii ] Â Vogon International Ltd v Forsyth [1997] UKEAT 572_97_2711 27 Nov 1997 EAT Employment [ Bailii ] Â London Underground Ltd v Jaeger [1997] UKEAT 805_97_2711 27 Nov 1997 EAT Employment [ Bailii ] Â Earp v B'Chini and Another [1997] UKEAT 1103_97_2711 27 Nov 1997 EAT Employment [ Bailii ] Â Ppass Ltd (T/A International Property) v Proctor [1997] UKEAT 1163_97_2711 27 Nov 1997 EAT Employment [ Bailii ] Â Smith v Goodmayes Insulations Ltd [1997] UKEAT 55_97_2711 27 Nov 1997 EAT Employment [ Bailii ] Â Julius Fillibeck Sohne Gmbh and Co Kg v Finanzamt Neustadt Times, 27 November 1997 27 Nov 1997 ECJ VAT, Employment Transport which was provided to a company's workers in order to get to employment and where there was no real connection between the transport and the type of work was not a vatable supply. Council Directive 77/388/EEC Â Broxbourne District Council v Maddock [1997] UKEAT 939_96_2811 28 Nov 1997 EAT Employment [ Bailii ] Â Secretary of State for Trade and Industry v Phelan and Another [1997] UKEAT 1067_97_2811 28 Nov 1997 EAT Employment [ Bailii ] Â Nada v Dorchester Hotel Ltd [1997] UKEAT 1021_97_2811 28 Nov 1997 EAT Employment [ Bailii ] Â Hotham v Westminster Health Care Ltd [1997] UKEAT 1012_97_2811 28 Nov 1997 EAT Employment [ Bailii ] Â Business Publications Ltd v Allen [1997] UKEAT 1050_97_0112 1 Dec 1997 EAT Employment [ Bailii ] Â Beechwood Park School v Jackson and Another [1997] UKEAT 1014_97_0112 1 Dec 1997 EAT Employment [ Bailii ] Â Shahnazar v Level 20 Ltd [1997] UKEAT 1308_97_0112 1 Dec 1997 EAT Employment [ Bailii ] Â Walpole v Vauxhall Motors Ltd [1997] UKEAT 186_97_0112 1 Dec 1997 EAT Employment [ Bailii ] Â Chaudhry v Brown and Root Ltd [1997] UKEAT 221_97_0112 1 Dec 1997 EAT Employment [ Bailii ] Â Cameron v The Royal School Hampstead [1997] UKEAT 1175_97_0112 1 Dec 1997 EAT Employment [ Bailii ] Â Carpenter v Abb Industrial Systems Ltd [1997] UKEAT 873_97_0112 1 Dec 1997 EAT Employment 1 Cites [ Bailii ] Â Galbraith v S L B Holdings Ltd [1997] UKEAT 533_97_0112 1 Dec 1997 EAT Employment [ Bailii ] Â Loucaides (T/A Edwards) v Luxton [1997] UKEAT 766_97_0112 1 Dec 1997 EAT Employment [ Bailii ] Â Eley v Huntleigh Diagnostics Ltd [1997] UKEAT 1441_96_0112 1 Dec 1997 EAT Employment 1 Cites [ Bailii ] Â Eclipse UK Ltd v Fountain [1997] UKEAT 1026_97_0112 1 Dec 1997 EAT Employment [ Bailii ] Â Cnc Processes Ltd v Ortega [1997] UKEAT 909_97_0112 1 Dec 1997 EAT Employment [ Bailii ] Â Compass Services Ltd (T/A Chartwells) v Evans [1997] UKEAT 1085_97_0112 1 Dec 1997 EAT Employment [ Bailii ] Â Worthington v Threadneedle Asset Management Ltd [1997] UKEAT 1186_97_0212 2 Dec 1997 EAT Employment [ Bailii ] Â Tsontzos v Hilton International Hotel (Uk) Ltd [1997] UKEAT 348_97_0212 2 Dec 1997 EAT Employment [ Bailii ] Â Rylance v Vendaclean Ltd (T/A Freshfast) [1997] UKEAT 1263_97_0212 2 Dec 1997 EAT Employment [ Bailii ] Â Glennie v Independent Magazines Ltd [1997] UKEAT 1262_97_0212; [1999] IRLR 719 2 Dec 1997 EAT Employment 1 Citers [ Bailii ] Â Access Travel Company Ltd v Ramsey [1997] UKEAT 667_97_0212 2 Dec 1997 EAT Employment [ Bailii ] Â Conibere v United Bristol Healthcare NHS Trust [1997] UKEAT 542_97_0312 3 Dec 1997 EAT Employment [ Bailii ] Â Miles v Mullins (T/A Witney Powder Coating) [1997] UKEAT 555_96_0312 3 Dec 1997 EAT Employment [ Bailii ] Â Practice Direction (Employment Appeal Tribunal: Jurisdiction) Times, 03 December 1997 3 Dec 1997 EAT Employment Direction regarding practice on appeals from industrial tribunal on matters of contract pending restoration of EAT power by statute. Employment Rights Act 1996 Â Cole v Chine Breeze (Westbourne) Ltd [1997] UKEAT 1133_97_0312 3 Dec 1997 EAT Employment [ Bailii ] Â Schultz v Esso Petroleum Co Ltd [1997] UKEAT 1066_97_0312 3 Dec 1997 EAT Employment [ Bailii ] Â Sogbetun v London Borough of Hackney [1997] UKEAT 1051_97_0312 3 Dec 1997 EAT Employment [ Bailii ] Â Price v Horsell Graphic Industries Ltd [1997] UKEAT 1136_97_0312 3 Dec 1997 EAT Employment [ Bailii ] Â Wilson v Manchester Adventure Playgrounds Association [1997] UKEAT 984_97_0312 3 Dec 1997 EAT Employment [ Bailii ] Â Greenmeadow Services (Newbury) Ltd (T/A Greenmeadow Recovery Service Ltd) v Robson [1997] UKEAT 859_97_0312 3 Dec 1997 EAT Employment [ Bailii ] Â Kampelmann and others v Landschaftsverband Westfalen-Lippe and others [1998] IRLR 333; C-253/96; [1997] EUECJ C-253/96; [1997] ECR I-6907 4 Dec 1997 ECJ European, Employment LMA The case concerned Directive 91/533 on employers' obligations to inform employees of the conditions applicable to their contract or employment relationship. An "emanation of state" was understood to be "organisations or bodies which are subject to the authority or control of the state or have special powers beyond those which result from the normal rules applicable to relations between individuals such as local or regional authorities or other bodies, which, irrespective of their legal form have been given responsibility, by the public authorities and under their supervision for providing a public service" 1 Citers [ Bailii ] Â Nosurak v Kings Head Complex [1997] UKEAT 416_97_0412 4 Dec 1997 EAT Employment [ Bailii ] Â Digital Equipment Co Ltd v Clements (No 2) Times, 02 January 1998; Gazette, 21 January 1998; [1997] EWCA Civ 2899; [1997] IRLR 140 4 Dec 1997 CA Bedlam LJ, Potter LJ, Sir John Balcombe Employment Employment Protection (Consolidation) Act 1978 74 1 Cites 1 Citers [ Bailii ] Â Price and others v Critchley Label Technology Ltd [1997] UKEAT 755_97_0412 4 Dec 1997 EAT Employment [ Bailii ] Â Mda Leisure Ltd v Edwards and Another [1997] UKEAT 474_97_0412 4 Dec 1997 EAT Employment [ Bailii ] Â Hibbert and Another v Lin-Pak Mouldings Ltd [1997] UKEAT 1195_97_0412 4 Dec 1997 EAT Employment [ Bailii ] Â Cranbourne Catering Services Ltd v Reeve [1997] UKEAT 475_97_0412 4 Dec 1997 EAT Employment [ Bailii ] Â Newboult v Scott and Partners [1997] UKEAT 1142_97_0512 5 Dec 1997 EAT Employment [ Bailii ] Â Riley v Safeguard Coaches [1997] UKEAT 928_96_0512 5 Dec 1997 EAT Employment [ Bailii ] Â Solley v Chatfields-Martin Walters Ltd [1997] UKEAT 1045_97_0512 5 Dec 1997 EAT Employment [ Bailii ] Â Carter v Dimex Ltd [1997] UKEAT 1154_97_0512 5 Dec 1997 EAT Employment [ Bailii ] Â Williams v Business Link London City Partners [1997] UKEAT 1219_97_0512 5 Dec 1997 EAT Employment [ Bailii ] Â Bruton v Bethell and Parker (Motors) Ltd [1997] UKEAT 1115_97_0512 5 Dec 1997 EAT Employment [ Bailii ] Â Williams v St John the Baptist Church [1997] UKEAT 1057_97_0512 5 Dec 1997 EAT Employment [ Bailii ] Â Ernest Charles Thake v Travis Pirkins Trading Co Ltd [1997] UKEAT 1253_97_0812 8 Dec 1997 EAT Employment [ Bailii ] Â Benson and others v Dodd Group (Midlands) Ltd and others [1997] UKEAT 379_97_0812 8 Dec 1997 EAT Employment [ Bailii ] Â Whitley and Another v Thompson [1997] UKEAT 1169_97_0812 8 Dec 1997 EAT Employment [ Bailii ] Â Lodhi v United Bank Ltd [1997] UKEAT 1226_97_0812 8 Dec 1997 EAT Employment 1 Cites 1 Citers [ Bailii ] Â Post Office v Clarke [1997] UKEAT 860_97_0812 8 Dec 1997 EAT Employment [ Bailii ] Â Post Office v Veysey [1997] UKEAT 466_97_0812 8 Dec 1997 EAT Employment [ Bailii ] Â Bovis International Ltd v Smithard [1997] UKEAT 1318_97_0812 8 Dec 1997 EAT Employment [ Bailii ] Â Millar v Blackburn Borough Council [1997] UKEAT 110_97_0912 9 Dec 1997 EAT Employment [ Bailii ] Â Wimbledon and District YMCA v Varndell [1997] UKEAT 1267_97_0912 9 Dec 1997 EAT Employment 1 Citers [ Bailii ] Â Wandsworth London Borough Council v D'Silva and Another Gazette, 24 June 1998; [1997] EWCA Civ 2941; [1998] IRLR 193 9 Dec 1997 CA Lord Woolf MR, Millett LJ, Robert Walker LJ Employment The council wanted to change its Code of Practice on Staff Sickness. Employees objected. The Council argued that the Code was not part of the employment contract, and that in any event the contract reserved to the council the right to alter the terms and conditions. Held. A Code of Practice was to be interpreted so as to indicate general practice within company and not as giving contractual rights to employees. Clauses allowing unilateral variation of contract were possible in law but must be clear. Lord Woolf MR said: "The general position is that contracts of employment can only be varied by agreement. However in the employment field an employer or for that matter an employee can reserve the ability to change a particular aspect of the contract unilaterally by notifying the other party as part of the contract that this is the situation. However, clear language is required to reserve to one party an unusual power of this sort. In addition the Court is unlikely to favour an interpretation which does more than enable a party to vary contractual provisions with which that party is required to comply. If therefore the provisions of the code which the Council were seeking to amend in this case were of a contractual nature, then they could well be capable of unilateral variation as the counsel contends. In relation to the provisions as to appeals the position would be likely to be different. To apply a power of unilateral variation to the rights which an employee is given under this part of the code could produce an unreasonable result and the courts in construing a contract of employment will seek to avoid such a result." 1 Cites 1 Citers [ Bailii ] Â Johnson Cleaners UK Ltd v Stringer [1997] UKEAT 1193_97_0912 9 Dec 1997 EAT Employment [ Bailii ] Â Computer Insight Ltd v Stewart and Another [1997] UKEAT 1216_97_0912 9 Dec 1997 EAT Employment [ Bailii ] Â Nixon v Ferranti International Plc and Another [1997] UKEAT 1122_96_0912 9 Dec 1997 EAT Employment [ Bailii ] Â Chisnall v Hille Auditorium Seating Ltd [1997] UKEAT 1144_97_0912 9 Dec 1997 EAT Employment [ Bailii ] Â Awad v University of Westminster [1997] UKEAT 995_97_1012 10 Dec 1997 EAT Employment [ Bailii ] Â D'Souza v Lambeth Borough Council [1997] EWCA Civ 3082 10 Dec 1997 CA Employment, Discrimination 1 Cites 1 Citers [ Bailii ] Â Action Desk Solutions Ltd v Gilbert [1997] UKEAT 761_96_1012 10 Dec 1997 EAT Employment [ Bailii ] Â J P Fitzpatrick (Cable TV) Ltd v Whicker [1997] UKEAT 1165_97_1012 10 Dec 1997 EAT Employment [ Bailii ] Â Barrie Jones v CLC Group Limited [1997] EWCA Civ 2943 10 Dec 1997 CA Employment, Contract Application for leave to appeal. [ Bailii ] Â Kapadiya v New India Assurance Co Ltd [1997] UKEAT 25_97_1012 10 Dec 1997 EAT Employment [ Bailii ] Â Sutton Bridge Ltd v Bennison [1997] UKEAT 1252_97_1012 10 Dec 1997 EAT Employment [ Bailii ] Â Adoko v Law Society [1997] UKEAT 219_97_1012 10 Dec 1997 EAT Employment [ Bailii ] Â Bewry v Cumbria County Council [1997] UKEAT 1213_97_1012 10 Dec 1997 EAT Peter Clark HHJ Employment Employment Rights Act 1996 100(1)(a) 1 Citers [ Bailii ] Â Sheffield City Council v Wilson and Another [1997] UKEAT 1027_97_1112 11 Dec 1997 EAT Employment 1 Cites [ Bailii ] Â Widdicombe v Longcombe Software Ltd [1997] UKEAT 295_97_1112; [1998] ICR 710 11 Dec 1997 EAT Employment Any ambiguity as to notice of the date of termination is to be strictly construed against the employer. 1 Citers [ Bailii ] Â Mcguigan v T G Baynes and Son [1997] UKEAT 1114_97_1212 12 Dec 1997 EAT Employment [ Bailii ] Â Cohen v Home Office [1997] UKEAT 603_97_1212 12 Dec 1997 EAT Employment [ Bailii ] Â Osborne v London General Transport Services Ltd [1997] UKEAT 1259_97_1212 12 Dec 1997 EAT Employment [ Bailii ] Â Robert Bosch Ltd v Morgan [1997] UKEAT 299_97_1212 12 Dec 1997 EAT Employment [ Bailii ] Â Doyle v Britax Wingard Ltd [1997] UKEAT 1206_97_1212 12 Dec 1997 EAT Employment [ Bailii ] Â Baah v London Voluntary Sector Training Consortium [1997] UKEAT 1109_97_1212 12 Dec 1997 EAT Employment [ Bailii ] Â Mensah v Royal Berkshire and Battle Hospitals NHS Trust [1997] UKEAT 388_97_1212 12 Dec 1997 EAT Employment 1 Citers [ Bailii ] Â Â Beattie v Parkstead Ltd; EAT 14-Dec-1997 - [1997] UKEAT 381_96_1412 Â Wratten v Kent County Council [1997] UKEAT 1178_97_1512 15 Dec 1997 EAT Employment [ Bailii ] Â Jimenez v Nelabrook Ltd [1997] UKEAT 614_97_1512 15 Dec 1997 EAT Employment [ Bailii ] Â Lincolnshire Police v Stubbs and Another [1997] UKEAT 1231_97_1512 15 Dec 1997 EAT Employment [ Bailii ] Â Ojeda v Beverley Hills Bakery and Gift Baskets [1997] UKEAT 1251_97_1512 15 Dec 1997 EAT Employment [ Bailii ] Â Avon Transmission Services Ltd v Mangham and others [1997] UKEAT 1224_97_1512 15 Dec 1997 EAT Employment [ Bailii ] Â Â Tweddell v ACL and Partners Limited; CA 16-Dec-1997 - [1997] EWCA Civ 3009 Â Attorney-General v Blake Times, 22 December 1997; Gazette, 28 January 1998; [1997] EWCA Civ 3008; [1998] Ch 439 16 Dec 1997 CA Lord Woolf M.R., Millett and Mummery L.JJ Administrative, Media, Employment A former member of the security services, convicted for spying, had written a book. The AG appealed a refusal to prevent publication. The court upheld denied the appeal on the breach of fiduciary claim. The Attorney General amended his statement of claim and advanced a public law claim to asserted, not a private law right on behalf of the Crown, but a claim for relief in his capacity as guardian of the public interest. Held: In this latter capacity the Attorney General may, exceptionally, invoke the assistance of the civil law in aid of the criminal law. The jurisdiction of the civil courts was not limited to an injunction restraining the commission or repeated commission of an offence. If a criminal offence has already been committed, the jurisdiction extends to enforcing public policy with respect to the consequences of the commission of that crime, e.g. restraining receipt by the criminal of a further benefit as a result of or in connection with that crime. This was an exceptional case in which the Attorney General could intervene by civil proceedings, in aid of the criminal law, to uphold the public policy of ensuring that a criminal does not retain profit directly derived from the commission of his crime. The court made an order that the defendant be restrained from receiving any payment resulting from the exploitation of the book in any form or any information therein relating to security and intelligence which is or has been in his possession by virtue of his position as a member of the Secret Intelligence Service. 1 Cites 1 Citers [ Bailii ] Â Polak v British Railways Board [1997] UKEAT 601_97_1612 16 Dec 1997 EAT Employment [ Bailii ] Â British Flowplant Group Ltd v Law and others [1997] UKEAT 1047_96_1612 16 Dec 1997 EAT Employment 1 Cites [ Bailii ] Â Chern v Smith Bernal Administration Ltd [1997] UKEAT 1120_97_1712 17 Dec 1997 EAT Employment [ Bailii ] Â Ainsworth and others v Whitbread Plc [1997] UKEAT 1260_97_1712 17 Dec 1997 EAT Employment 1 Cites [ Bailii ] Â Scully UK Ltd v Lee [1997] EWCA Civ 3030 17 Dec 1997 CA Employment 1 Citers [ Bailii ] Â Abbey (Textiles) Ltd v Burgess [1997] UKEAT 1265_97_1712 17 Dec 1997 EAT Employment [ Bailii ] Â Reilly v Argos Distributors Ltd [1997] UKEAT 613_97_1712 17 Dec 1997 EAT Employment [ Bailii ] Â Reilly v Customs and Excise [1997] UKEAT 708_97_1712 17 Dec 1997 EAT Employment [ Bailii ] Â Richardson and Another v Harrison [1997] UKEAT 1387_97_1712 17 Dec 1997 EAT Employment [ Bailii ] Â Turner v Reed Personnel Services Ltd [1997] UKEAT 865_97_1712 17 Dec 1997 EAT Employment [ Bailii ] Â Barry v Midland Bank Plc Gazette, 26 February 1998; Times, 29 December 1997; [1997] EWCA Civ 3037; [1999] ICR 319 18 Dec 1997 CA Discrimination, Employment No sex discrimination was involved in company's retirement benefits scheme even though it was affected by differences for part time workers, and even though more women worked part time Equal Pay Act 1970 1 Cites 1 Citers [ Bailii ] Â Mercieca v Tanner and Another [1997] UKEAT 217_97_1812 18 Dec 1997 EAT Employment [ Bailii ] Â Burchell (T/A Bright Sights) v Collins and Another [1997] UKEAT 988_96_1812 18 Dec 1997 EAT Employment [ Bailii ] Â Relaxion Group Plc v Bennett [1997] UKEAT 546_97_1812 18 Dec 1997 EAT Employment 1 Cites [ Bailii ] Â South West Trains Ltd v Wightman and Others [1998] Pens LR 113; [1997] EWHC 1160 (Ch) 18 Dec 1997 ChD Neuberger J Employment Pension provision on privatisation of British Rail. [ Bailii ] Â Clark v Oxfordshire Health Authority Gazette, 28 May 1998; [1997] EWCA Civ 3035; [1998] IRLR 125 18 Dec 1997 CA Employment A nurse was employed under a contract, under which there was no mutuality of obligation; she could refuse work and employer need offer none. This meant that there was no employment capable of allowing an unfair dismissal issue to arise. 1 Cites 1 Citers [ Bailii ] Â Ewane v Department for Education and Employment [1997] UKEAT 1447_96_1912 19 Dec 1997 EAT Employment 1 Cites [ Bailii ] Â
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Employment - From: 1997 To: 1997