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		Employment - From: 1998 To: 1998 This page lists 1172 cases, and was prepared on 02 April 2018. Â Leicestershire Mental Health Services NHS Trust v Pereira [1998] UKEAT 36_98_0101 1998 EAT Employment 1 Cites [ Bailii ] Â Leonard v Strathclyde Buses Ltd [1998] SLT 734; [1998] IRLR 693; 1999 SC 57 1998 Lord Blofeld Scotland, Employment To receive a compensatory award, a claimant must provide proof of loss. Referring to Norton Tool, Lord Blofeld said: "The approach . . has, as we understand the position, governed the attitude of tribunals to compensation ever since. It is, in our view, inconsistent with that approach to introduce principles of foreseeability or remoteness in the technical sense in which those concepts apply in other legal contexts. What an industrial tribunal is required to do, in our view, is to apply the statutory test as a whole and assess what is just and equitable having regard to the loss so far as attributable to the employer." 1 Cites 1 Citers Â Chatterjee v City and Hackney Community Services NHS Trust (1998) 49 BMLR 55 1998 ChD Lightman J Health Professions, Employment Unless there was some bad faith or other unreasonableness it was for the employer Health authority to categorise the conduct of which complaint was made about a doctor as either personal or professional. 1 Cites 1 Citers Â Â Regina v London North Industrial Tribunal, ex parte Associated Newspapers Ltd; 1998 - [1998] ICR 1212 Â Â Brown v Merchant Ferries; CA 1998 - [1998] IRLR 682 Â Wood Group Heavy Industrial Turbines Ltd v Crossham [1998] IRLR 680 1998 EAT Lord Johnston Employment, Scotland Re-instatement may be inappropriate where an employer has lost confidence in an employee. The Employment Tribunal's order for re-engagement was set aside where the Respondent genuinely believed that the Claimant was using and dealing in drugs in the workplace and had been guilty of clocking offences. Although the dismissal was found to be unfair due to a lack of proper investigation and failure by the Respondent to follow a fair procedure, the breakdown in trust and confidence given the nature of the allegations and the employer's genuine belief in them meant that it was impractical to order re-engagement. Lord Johnston said: "We consider that the remedy of re-engagement has very limited scope and will only be practical in the rarest of cases where there is a breakdown in confidence as between the employer and the employee. Even if the way the matter is handled results in a finding of unfair dismissal, the remedy, in that context, invariably to our minds will be compensation. That general proposition applies to this particular case, even if it be the case that the witnesses asserted, as a matter of generality including fellow employees, there was no animosity likely to be exhibited towards the respondent. We cannot lose sight of the fact that in addition to his general defence of conspiracy, in one of his interviews the respondent asserted positively that a number of other people had been 'out to get him' by reason of incidents in another part of the factory. That does not seem to us to be merely a knee-jerk reaction to specific allegations. All in all, it seems to us there are sufficient factors bearing on the issue of practicability in this case, such as we have rehearsed, to render it impracticable to order re-engagement." 1 Cites 1 Citers Â King v Eaton Ltd (No 2) [1998] IRLR 686 1998 IHCS Lord Prosser Employment, Scotland Employees were made redundant. The tribunal held the dismissals to be unfair because that there had been no consultation worthy of the name with any of the employees and because it was impossible to decide whether the selection criteria had been fairly applied in the absence of evidence from those who had made the relevant markings when assessing employees for redundancy. The EAT upheld the employer's appeal on the ground that although there had been no individual consultation there had been extensive consultation with the unions. The Court of Session allowed the employees' appeals and remitted the cases to the Employment Tribunal to consider remedy. The employers then sought to lead additional evidence to show that the employees would still have been dismissed even if a fair procedure had been followed and that, accordingly, compensation should be reduced in accordance with the principle identified in Polkey. The employers request was denied, and they appealed. Held: The appeal was dismissed. Lord Prosser said: 'We are not persuaded that the various expressions of opinion to be found in previous cases are as difficult to reconcile as may be suggested, or as may have been thought when some of these opinions were expressed. If one reads the whole of the final paragraph of the opinion delivered by Lord Coulsfield in Steel Stockholders (Birmingham) Ltd, it seems to us that he appreciates that the word 'procedural' does not reflect some precisely identifiable category, far less that it represents a category which would be precisely defined in all cases without enquiry into the facts. In broad terms, it appears to us that there will be situations where one can say that what went wrong was 'merely' procedural. Equally, in broad terms, it appears to us that there will be situations where once can say that an employee has been deprived of 'something of substantive importance' to use a phrase of Lord Coulsfield's. We see no need to discard entirely terminology of this kind; and whilst in many cases it may be inappropriate to allocate the particular facts to either category, or to do so without enquiry, it seems to us that a distinction between the 'merely ' procedural, and the more genuinely 'substantive' will often be of some practical use, in considering whether it is realistic, or practicable, or indeed 'just and equitable' to embark upon an attempt to construct a hypothesis, enabling one to assess what would have happened, if only it had. If there has been a "merely" procedural lapse or omission, it may be straightforward to envisage what the course of events would have been if procedures had stayed on track. If, on the other hand, what went wrong was more fundamental, or "substantive", and seems to have gone "to the heart of the matter", it may well be difficult to envisage what track one would be on, in the hypothetical situation of the unfairness not having occurred. It seems to us that the matter will be one of impression and judgment, so that a tribunal will have to decide whether the unfair departure from what should have happened was of a kind which makes it possible to say, with more or less confidence, that the failure made no difference, or whether the failure was such that one cannot sensibly reconstruct the world as it might have been. It does not seem to us that there is anything very wrong in using the word 'substantive' in connection with this latter situation.' 1 Cites 1 Citers Â Greater Manchester Police and Another v Hope [1998] UKEAT 1131_97_1201 12 Jan 1998 EAT Employment [ Bailii ] Â Langston v Cranfield University [1998] UKEAT 647_96_1201; [1998] IRLR 172 12 Jan 1998 EAT Employment In a redundancy unfair dismissal claim, the Employment Tribunal are obliged to consider the issue whether there has been adequate consultation even though that issue has not been raised. 1 Citers [ Bailii ] Â Naqvi v Watson [1998] UKEAT 1121_97_1201 12 Jan 1998 EAT Employment [ Bailii ] Â Merrie (Deceased) v Knowsley Borough Council [1998] UKEAT 954_97_1201 12 Jan 1998 EAT Employment [ Bailii ] Â Rockfield Industries Ltd v Reeves [1998] UKEAT 1170_97_1201 12 Jan 1998 EAT Employment [ Bailii ] Â Tate and Lyle Sugars v Hatter [1998] UKEAT 1176_97_1201 12 Jan 1998 EAT Employment [ Bailii ] Â Watkins v BOC Transhield [1998] UKEAT 99_97_1301 13 Jan 1998 EAT Employment [ Bailii ] Â Moodie (T/A Moodie Home Entertainments) v Scott [1998] UKEAT 175_97_1301 13 Jan 1998 EAT Employment [ Bailii ] Â Active Media Services (Uk) Ltd v Sargent [1998] UKEAT 14_98_1301 13 Jan 1998 EAT Employment [ Bailii ] Â Sidhar v Gubb and Hauff Precision Engineering [1998] EWCA Civ 13 13 Jan 1998 CA Discrimination, Employment [ Bailii ] Â South West Trains Ltd v Wightman and Others Times, 14 January 1998 14 Jan 1998 ChD Neuberger J Employment The trades' union had agreed with the employer that what had been irregular and non-pensionable payments made to employees would, in future, be paid regularly, but that only certain parts of the payments become pensionable. The employer now sought to enforce that agreement, on the inception of a new scheme which it had to be no worse than the previous scheme. Held: There was no reduction in benefit, so the agreement did not fall foul of the order protecting the benefits on the transfer. There was no conflict with any existing agreement, and the agreement operated to create an inplied obligation on the employee not to seek any further benefit under the pension scheme in respect of these payments. A collective agreement under which consolidation of earnings excluded the attachment of pension rights remained enforceable after transfer. Railways Pension Schemes Order 1994 (1994 1433) - Pensions Act 1995 67 1 Cites Â D'Souza v London Borough of Lambeth Gazette, 14 January 1998 14 Jan 1998 EAT Employment A re-instatement award after a finding of racial discrimination is in two stage process. The first part consisting of the order for re-instatement stays the balance of the award provisionally until the order for re-instatement has been complied with or otherwise. Race Relations Act 1976 1 Cites 1 Citers Â Thames Valley Police v Kellaway [1998] UKEAT 1290_97_1401 14 Jan 1998 EAT Employment 1 Cites [ Bailii ] Â Rushton v British Nursing Co-Operations Ltd (T/A Bna) [1998] UKEAT 1090_97_1401 14 Jan 1998 EAT Employment [ Bailii ] Â Bentley v The Den (Specialist Residential Resource for Children) [1998] UKEAT 1307_97_1401 14 Jan 1998 EAT Employment [ Bailii ] Â Douglas v the College of Law, Chester [1998] UKEAT 834_97_1401 14 Jan 1998 EAT Employment [ Bailii ] Â Georgestone v Iceland Frozen Foods Plc [1998] UKEAT 1398_96_1401 14 Jan 1998 EAT Employment [ Bailii ] Â Management Committee of Achmha v Okezie and others [1998] UKEAT 444_97_1401 14 Jan 1998 EAT Employment [ Bailii ] Â Wilson v London Borough of Hackney [1998] UKEAT 1317_97_1501 15 Jan 1998 EAT Employment [ Bailii ] Â Green v British Bakeries Ltd [1998] UKEAT 1273_96_1501 15 Jan 1998 EAT Employment [ Bailii ] Â Schoning-Kougebetopoulou v Freie und Hansestadt Hamburg (Judgment) C-15/96; [1998] ECR I-47; [1998] EUECJ C-15/96 15 Jan 1998 ECJ European, Employment ECJ Freedom of movement for persons - Workers - Equal treatment - Promotion on grounds of seniority - Collective agreement applicable to public sector employees taking into account only periods of employment completed in the national public service but not periods of comparable employment completed in the public service of another Member State - Discrimination on grounds of nationality - Justification - None (EC Treaty, Art. 48; Council Regulation No 1612/68, Art. 7(1) and (4)) Freedom of movement for persons - Workers - Equal treatment - Clause in a collective agreement contrary to the principle of non-discrimination - De jure nullity - Obligations of the national court (EC Treaty, Art 48; Council Regulation No 1612/68, Art. 7(1) and (4)) Article 48 of the Treaty and Article 7(1) and (4) of Regulation No 1612/68 on freedom of movement for workers within the Community preclude a clause in a collective agreement applicable to the public service of a Member State which provides for promotion on grounds of seniority for employees of that service after eight years' employment in a salary group determined by that agreement without taking any account of previous periods of comparable employment completed in the public service of another Member State. Such a clause is such as to infringe the principle of non-discrimination laid down by those provisions in that the conditions for promotion on grounds of seniority manifestly work to the detriment of migrant workers who have spent part of their careers in the public service of another Member State. As regards activities not falling within the scope of Article 48(4) of the Treaty, the clause cannot be justified either by arguments based on the specific characteristics of employment in the public service or, given the multiplicity of legally separate employers, by the desire to reward employee loyalty. A clause in a collective agreement entailing discrimination contrary to Article 48 of the Treaty and to Article 7(1) of Regulation No 1612/68 is null and void by virtue of Article 7(4) of that regulation. Without requiring or waiting for that clause to be abolished by collective negotiation or by some other procedure, the national court must therefore apply the same rules to the members of the group disadvantaged by that discrimination as those applicable to the other workers. 1 Citers [ Bailii ] Â Millane v London Borough of Brent and others [1998] UKEAT 45_98_1501 15 Jan 1998 EAT Employment [ Bailii ] Â Stevens v Katherine Lady Berkeley's School [1998] UKEAT 380_97_1501 15 Jan 1998 EAT Employment [ Bailii ] Â Gorham v Secretary of State [1998] UKEAT 1134_97_1601 16 Jan 1998 EAT Employment [ Bailii ] Â Parmar v Inland Revenue [1998] UKEAT 1056_97_1601 16 Jan 1998 EAT Employment [ Bailii ] Â Hastings v Pearl Assurance Plc [1998] UKEAT 1348_97_1601 16 Jan 1998 EAT Employment [ Bailii ] Â Johnson v Lewisham Hospital NHS Trust and Another [1998] UKEAT 1340_97_1601 16 Jan 1998 EAT Employment [ Bailii ] Â Ayobiojo v Nalgo-Unison Trade Union [1998] UKEAT 1264_96_1601 16 Jan 1998 EAT Employment, Discrimination 1 Cites 1 Citers [ Bailii ] Â Songra v Marano [1998] UKEAT 1076_97_1601 16 Jan 1998 EAT Employment [ Bailii ] Â Mason v Railtrack Plc [1998] UKEAT 913_97_1601 16 Jan 1998 EAT Employment [ Bailii ] Â Moore v Commissioner of Police for Metropolis [1998] UKEAT 1281_97_1601 16 Jan 1998 EAT Employment [ Bailii ] Â Nwachukwu v London Borough of Brent [1998] UKEAT 1405_97_1601 16 Jan 1998 EAT Employment [ Bailii ] Â Young v Lookers of Billingham [1998] UKEAT 1089_97_1601 16 Jan 1998 EAT Employment [ Bailii ] Â Harvey v ECC International Europe [1998] UKEAT 1071_97_1901 19 Jan 1998 EAT Employment [ Bailii ] Â Williams v Mishra and Another [1998] UKEAT 1075_97_1901 19 Jan 1998 EAT Employment [ Bailii ] Â Vardy v Davidson [1998] UKEAT 513_98_1901 19 Jan 1998 EAT Employment [ Bailii ] Â Sutrak (Uk) Ltd v Coggin [1998] UKEAT 1339_97_1901 19 Jan 1998 EAT Employment [ Bailii ] Â Brown v Portals Training [1998] UKEAT 800_96_1901 19 Jan 1998 EAT Employment [ Bailii ] Â Butcher v Hickton Madeley Architects [1998] UKEAT 1074_97_1901 19 Jan 1998 EAT Employment [ Bailii ] Â Butler v Buckinghamshire County Council and Another [1998] UKEAT 112_97_1901 19 Jan 1998 EAT Employment [ Bailii ] Â Waterfield and Others v Reliance Security Services Ltd and Another [1998] UKEAT 101_96_1901 19 Jan 1998 EAT Employment [ Bailii ] Â Â Kwik Save Stores Limited v Greaves; Crees v Royal London Mutual Insurance Society Limited; CA 20-Jan-1998 - Gazette, 18 March 1998; Times, 05 March 1998; Gazette, 16 April 1998; [1998] EWCA Civ 43; [1998] ICR 848 Â Savage v Saxena Times, 11 February 1998; [1998] UKEAT 605_97_2001 20 Jan 1998 EAT Employment Housing benefit received after unfair dismissal not to be deducted from compensatory award; benefit of quite different kind. 1 Cites [ Bailii ] Â Ezenwa v Hotel Intercontinental (London) [1998] UKEAT 1368_97_2001 20 Jan 1998 EAT Employment [ Bailii ] Â Kenny v Clean Factory and Office Services Ltd [1998] UKEAT 223_97_2001 20 Jan 1998 EAT Employment [ Bailii ] Â Keep v Lloyds Retail Chemists Ltd [1998] UKEAT 319_97_2001 20 Jan 1998 EAT Employment [ Bailii ] Â Banger and others v Pall Mall Services [1998] UKEAT 395_97_2101 21 Jan 1998 EAT Employment [ Bailii ] Â Graham v Hoselock Ltd [1998] UKEAT 1153_97_2101 21 Jan 1998 EAT Employment [ Bailii ] Â Jones v Lingfield Leisure Plc [1998] UKEAT 712_97_2101 21 Jan 1998 EAT Employment [ Bailii ] Â Maloney v London Borough of Hammersmith and Fulham and others [1998] UKEAT 1083_96_2101 21 Jan 1998 EAT Employment [ Bailii ] Â Phds Ltd v West and Another [1998] UKEAT 1305_97_2101 21 Jan 1998 EAT Employment [ Bailii ] Â Miles (T/A Crown Recruitment) v Webb [1998] UKEAT 1249_97_2201 22 Jan 1998 EAT Employment [ Bailii ] Â Perma-Jeune Ltd v Appleby [1998] UKEAT 579_97_2201 22 Jan 1998 EAT Employment [ Bailii ] Â Buckinghamshire County Council Library Services v Mazzone [1998] UKEAT 1377_97_2201 22 Jan 1998 EAT Employment [ Bailii ] Â Â Strathclyde Regional Council and others v Wallace and others (Scotland); HL 22-Jan-1998 - Times, 24 January 1998; Gazette, 18 February 1998; [1998] 1 WLR 259; [1998] ICR 205; [1998] UKHL 4; [1998] 1 All ER 394; [1998] IRLR 146 Â Scott v Wiltshire Constabulary [1998] UKEAT 1372_97_2201 22 Jan 1998 EAT Employment [ Bailii ] Â Henderson v Commercial Union Investment Management Limited Commercial Union Employment Services Limited [1998] EWCA Civ 56 22 Jan 1998 CA Employment Challenge to redundancy arrangement. [ Bailii ] Â Jackson v ICS Group of Companies Ltd [1998] UKEAT 499_97_2201 22 Jan 1998 EAT C Smith QC Employment The claimant appealed against the dismissal of his unfair dismissal application. Not having two years continuous employment he had claimed the protection of section 100 as a whistleblower, but the Tribunal had found that there had been a Health and Safety Committee where he could have made known his concerns about the long hours being worked, internally, and his claim for protection was lost under section 103. He had not known of its existence. Held: The finding was not perverse in law. Once the employer has established that because the employee has not the necessary two years' qualifying service then it is for the employee to bring himself within s.108(3) which like paragraph 11 of Schedule I to the 1974 Act and like s.64(3) of the 1978 Act, is an exceptions subsection. The burden of proof lies on the employee to bring himself within the exception. Employment Rights Act 1996 100(1) 108(1) 1 Cites 1 Citers [ Bailii ] Â Tiyamiyu v London Borough of Hackney and others [1998] UKEAT 6_97_2301 23 Jan 1998 EAT Employment [ Bailii ] Â Veale and others v Secretary of State for Trade and Industry [1998] UKEAT 1222_97_2301 23 Jan 1998 EAT Employment [ Bailii ] Â Cruickshank v London Borough of Richmond [1998] EWCA Civ 61 23 Jan 1998 CA Employment 1 Cites [ Bailii ] Â Garrett v Lloyd's of London [1998] UKEAT 583_97_2601 26 Jan 1998 EAT Employment 1 Cites 1 Citers [ Bailii ] Â Quinlan v B and Q Plc [1998] UKEAT 1386_97_2701 27 Jan 1998 EAT Employment [ Bailii ] Â Sumner v Lees Lloyd Whitley [1998] UKEAT 637_97_2701 27 Jan 1998 EAT Employment [ Bailii ] Â London Borough of Haringey v Gmb and Office Cleaning Services Ltd [1998] UKEAT 627_97_2701 27 Jan 1998 EAT Employment [ Bailii ] Â Claremont Garments (Holdings) Plc v Berry [1998] UKEAT 1359_97_2701 27 Jan 1998 EAT Employment 1 Cites [ Bailii ] Â Esden v Mcgee [1998] UKEAT 707_97_2801 28 Jan 1998 EAT Employment [ Bailii ] Â Mclaughlin v North Tyneside College and Another [1998] UKEAT 1357_97_2801 28 Jan 1998 EAT Employment [ Bailii ] Â Mclean v Hyde Housing Association Ltd [1998] UKEAT 975_97_2801 28 Jan 1998 EAT Employment [ Bailii ] Â Jones v Furlong [1998] UKEAT 1304_97_2801 28 Jan 1998 EAT Employment [ Bailii ] Â Framlington Group Plc v Aley [1998] UKEAT 1046_97_2801 28 Jan 1998 EAT Employment [ Bailii ] Â Murgai v Home Office Immigration and Nationality Directorate [1998] UKEAT 1365_97_2801 28 Jan 1998 EAT Employment [ Bailii ] Â Bath v Alpha Flight Services [1998] UKEAT 1081_97_2801 28 Jan 1998 EAT Employment [ Bailii ] Â Captain Brian L Friend v Civil Aviation Authority Times, 05 February 1998; [1998] EWCA Civ 94 29 Jan 1998 CA Defamation, Employment Employee who had consented to disciplinary process by contract could not sue for defamation for publication of details of accusation. 1 Cites [ Bailii ] Â Adcock and others v H Flude and Co (Hinckley) Ltd [1998] UKEAT 521_97_2901 29 Jan 1998 EAT Employment [ Bailii ] Â West Africa Publishing Company v Davenport [1998] UKEAT 1306_97_3001 30 Jan 1998 EAT Employment [ Bailii ] Â Express and Echo Publications Ltd v Tanton [1998] UKEAT 1261_97_3001; [1999] IRLR 367 30 Jan 1998 EAT Peter Clarke J Employment When coonsidering whether an unfair dismissal claimant was an employee, the tribunal should first establish as a fact the terms of the agreement and then consider whether any of the terms were inherently inconsistent with the existence of a contract of employment in order to determine whether the contract was a contract of service or a contract for services. Employment Rights Act 1996 1 1 Citers [ Bailii ] Â Abair v The Carlton Tower Ltd [1998] UKEAT 93_97_3001 30 Jan 1998 EAT Employment [ Bailii ] Â Norris v Celcon Blocks Ltd [1998] UKEAT 1254_97_3001 30 Jan 1998 EAT Employment [ Bailii ] Â Drage v Greenford High School [1998] UKEAT 4_98_0102 1 Feb 1998 EAT Employment [ Bailii ] Â Khan v Post Office [1998] UKEAT 66_98_0102 1 Feb 1998 EAT Employment [ Bailii ] Â Glassborow v Secretary of State for Trade and Industry [1998] UKEAT 63_98_0102 1 Feb 1998 EAT Employment [ Bailii ] Â Scott v DHL International (UK) Ltd [1998] UKEAT 38_98_0102 1 Feb 1998 EAT Employment [ Bailii ] Â Xerox (Uk) Ltd and others v Buchanan [1998] UKEAT 89_98_0102 1 Feb 1998 EAT Employment [ Bailii ] Â Davies v London Borough of Brent and others [1998] UKEAT 75_98_0102 1 Feb 1998 EAT Employment [ Bailii ] Â Obasa v Unison [1998] UKEAT 857_98_0102 1 Feb 1998 EAT Employment 1 Citers [ Bailii ] Â Capstaff v Itnet Ltd [1998] UKEAT 1121_96_0202 2 Feb 1998 EAT Employment [ Bailii ] Â Palmer v Chestnuts Residential Home for the Elderly [1998] UKEAT 1380_97_0202 2 Feb 1998 EAT Employment [ Bailii ] Â Dagogo v Hampshire County Council [1998] UKEAT 1358_97_0302 3 Feb 1998 EAT Employment [ Bailii ] Â Herbert v Air UK Engineering [1998] UKEAT 575_97_0302 3 Feb 1998 EAT Employment [ Bailii ] Â Aviation and Airport Services Ltd v Harris [1998] UKEAT 1049_97_0302 3 Feb 1998 EAT Employment [ Bailii ] Â UK Inspection Ltd v Ashley [1998] UKEAT 94_97_0302 3 Feb 1998 EAT Employment [ Bailii ] Â Ali v Cecil Jones High School [1998] UKEAT 291_97_0302 3 Feb 1998 EAT Employment [ Bailii ] Â Heskey v Adwest Rearsby Ltd [1998] UKEAT 158_97_0302 3 Feb 1998 EAT Employment [ Bailii ] Â Chouaou v Kensington and Chelsea College and others [1998] UKEAT 301_97_0402 4 Feb 1998 EAT Employment [ Bailii ] Â Stone v Argos Distributors Ltd and Another [1998] UKEAT 967_97_0402 4 Feb 1998 EAT Employment [ Bailii ] Â Browne v London Underground Ltd [1998] UKEAT 1432_97_0402 4 Feb 1998 EAT Employment [ Bailii ] Â Montgomery and Another v Izundu [1998] UKEAT 107_98_0402 4 Feb 1998 EAT Employment [ Bailii ] Â Connex South Central v Copeland [1998] UKEAT 645_97_0402 4 Feb 1998 EAT Employment [ Bailii ] Â Farnborough College of Technology v Chowns [1998] UKEAT 28_98_0402 4 Feb 1998 EAT Employment [ Bailii ] Â Akinpelu v St Peter's Brewery [1998] UKEAT 1316_97_0402 4 Feb 1998 EAT Employment [ Bailii ] Â Post Office v Hughes [1998] UKEAT 369_97_0402 4 Feb 1998 EAT Employment [ Bailii ] Â Hall v Woolston Hall Leisure Ltd [1998] UKEAT 243_97_0502 5 Feb 1998 EAT Peter Clark J Employment 1 Citers [ Bailii ] Â Samuel v Waterlows [1998] EWCA Civ 166 5 Feb 1998 CA Employment 1 Cites [ Bailii ] Â Habte v London Borough of Southwark [1998] UKEAT 1337_97_0502 5 Feb 1998 EAT Employment [ Bailii ] Â Lyn Jones v Borough Council of Calderdale [1998] EWCA Civ 162 5 Feb 1998 CA Employment, Discrimination Industrial Tribunal's Regulations of 1993 7 [ Bailii ] Â Stokes v Top Security Rangers UK [1998] UKEAT 1350_97_0602 6 Feb 1998 EAT Employment [ Bailii ] Â Green v West Midlands Co-Operative [1998] UKEAT 95_97_0602 6 Feb 1998 EAT Employment [ Bailii ] Â Tnt Express and Another v Brown [1998] UKEAT 11_98_0602 6 Feb 1998 EAT Employment [ Bailii ] Â Ely v Ellis (T/A Sterling Chauffeur Services) [1998] UKEAT 1004_97_0602 6 Feb 1998 EAT Employment [ Bailii ] Â Rafiq v National Criminal Intelligence Service [1998] UKEAT 216_98_0602 6 Feb 1998 EAT Employment [ Bailii ] Â Work Logic v Gleeson [1998] UKEAT 896_96_0602 6 Feb 1998 EAT Employment [ Bailii ] Â Cox v Scarborough Borough Council [1998] UKEAT 1333_97_0602 6 Feb 1998 EAT Employment [ Bailii ] Â Orange Personal Communications Services Ltd v Paul Squires and Maria Lorraine Carter [1998] EWCA Civ 174 6 Feb 1998 CA Employment, Torts - Other Action against former employee for account of secret profit. [ Bailii ] Â Williams v Inspector of Taxes and others [1998] UKEAT 32_97_0602 6 Feb 1998 EAT Employment [ Bailii ] Â Williams v Inspector of Taxes and others [1998] UKEAT 811_97_0602 6 Feb 1998 EAT Employment [ Bailii ] Â Solly v University of Cambridge [1998] UKEAT 1319_97_0602 6 Feb 1998 EAT Employment [ Bailii ] Â Tyler v TM Trademasters Ltd [1998] UKEAT 532_97_0902 9 Feb 1998 EAT Employment [ Bailii ] Â P and O Cruises Ltd v Newby [1998] UKEAT 55_98_0902 9 Feb 1998 EAT Employment [ Bailii ] Â Jarvis v Three Shires Hospital Trust [1998] UKEAT 1_98_0902 9 Feb 1998 EAT Employment [ Bailii ] Â Brooke and Another v Secretary of State for Trade and Industry [1998] UKEAT 1448_96_0902 9 Feb 1998 EAT Employment [ Bailii ] Â Scully UK Limited v Lee [1998] EWCA Civ 188; [1998] IRLR 263 9 Feb 1998 CA Sir Richard Scott VC, Potter LJ, Aldous LJ Employment The employer sought to enforce a post employment restrictive covenant to protect confidential information known to the former employee. Held: Aldous LJ said: "In cases where a restrictive covenant is sought to be enforced, the confidential information must be particularised sufficiently to enable the court to be satisfied that the plaintiff has a legitimate interest to protect. That requires an enquiry as to whether the plaintiff is in possession of confidential information which it is entitled to protect. (See Littlewoods Organisation v Harris [1977] 1 WLR 1472 at 1479F). Sufficient detail must be given to enable that to be decided but no more is necessary." 1 Cites 1 Citers [ Bailii ] Â Mcvea v Lancaster University [1998] UKEAT 1104_97_0902 9 Feb 1998 EAT Employment [ Bailii ] Â Driver v Preston Borough Council and Another [1998] UKEAT 1274_97_0902 9 Feb 1998 EAT Employment [ Bailii ] Â Lockwood v Permic Ltd (T/A Permic Emergency Lighting) [1998] UKEAT 694_97_1002 10 Feb 1998 EAT Employment 1 Cites [ Bailii ] Â Pizza Express (Restaurants) Ltd v Pal [1998] UKEAT 1010_97_1002 10 Feb 1998 EAT Employment [ Bailii ] Â Glantech Security v Loughlin [1998] UKEAT 256_98_1002 10 Feb 1998 EAT Employment [ Bailii ] Â Ross v Port of Pembroke [1998] UKEAT 589_97_1102 11 Feb 1998 EAT Employment [ Bailii ] Â Centrethorn Ltd v Walker [1998] UKEAT 85_98_1102 11 Feb 1998 EAT Employment [ Bailii ] Â Thomas v RSPCA [1998] UKEAT 731_97_1102 11 Feb 1998 EAT Employment [ Bailii ] Â Williams v Collyweston Construction Ltd [1998] UKEAT 109_98_1102 11 Feb 1998 EAT Employment [ Bailii ] Â Mills and Another v Marshall [1998] UKEAT 528_97_1102 11 Feb 1998 EAT Employment [ Bailii ] Â Aniagwu v London Borough of Hackney and Another [1998] UKEAT 116_98_1102 11 Feb 1998 EAT Employment [ Bailii ] Â Acas v Taylor [1998] UKEAT 788_97_1102 11 Feb 1998 EAT Employment [ Bailii ] Â Prison Service and others v Davies [1998] UKEAT 763_97_1102 11 Feb 1998 EAT Employment [ Bailii ] Â Geddes v Mansfield Brewery Plc [1998] UKEAT 1215_97_1202 12 Feb 1998 EAT Employment [ Bailii ] Â Bonna v Oxford City Council and Another [1998] UKEAT 218_98_1202 12 Feb 1998 EAT Employment [ Bailii ] Â Ray and Another v Secretary of State for Trade and Industry [1998] UKEAT 635_97_1202 12 Feb 1998 EAT Employment [ Bailii ] Â Gregory v Neston Cricket Club [1998] UKEAT 989_97_1202 12 Feb 1998 EAT Employment [ Bailii ] Â Whiffen v Milham Ford Girls School and Another [1998] UKEAT 864_97_1202 12 Feb 1998 EAT Employment 1 Citers [ Bailii ] Â Campbell v Lambeth College [1998] UKEAT 165_98_1302 13 Feb 1998 EAT Employment [ Bailii ] Â Patel v London Borough of Brent [1998] UKEAT 1069_97_1302 13 Feb 1998 EAT Employment [ Bailii ] Â Lloyd v Thames Water Construction Ltd [1998] UKEAT 1404_97_1302 13 Feb 1998 EAT Employment [ Bailii ] Â Campbell v Wainwright [1998] UKEAT 456_97_1302 13 Feb 1998 EAT Employment [ Bailii ] Â Prison Service v Thompson [1998] UKEAT 194_98_1302 13 Feb 1998 EAT Employment [ Bailii ] Â Ososami v Consumers' Association [1998] UKEAT 563_97_1602 16 Feb 1998 EAT Employment [ Bailii ] Â Commissioner of Police of Metropolis v Colette Getling [1998] UKEAT 1385_97_1602 16 Feb 1998 EAT Employment [ Bailii ] Â Hertsmere Borough Council v Patel [1998] UKEAT 1352_97_1602 16 Feb 1998 EAT Employment [ Bailii ] Â Kent v STC Submarines Systems Ltd [1998] UKEAT 721_97_1602 16 Feb 1998 EAT Employment 1 Cites [ Bailii ] Â Sidney Smith Castings Ltd v Hill [1998] UKEAT 242_97_1702 17 Feb 1998 EAT Employment [ Bailii ] Â Thomas Mills High School v Rice [1998] UKEAT 684_97_1702 17 Feb 1998 EAT Employment [ Bailii ] Â Plastics Ltd v Ter Elst [1998] UKEAT 294_98_1702 17 Feb 1998 EAT Employment [ Bailii ] Â Â Chingford Lighting Contractors Ltd v Woolner; EAT 17-Feb-1998 - [1998] UKEAT 987_97_1702 Â Hospitality Training Foundation v Philip [1998] UKEAT 288_97_1702 17 Feb 1998 EAT Employment [ Bailii ] Â Bache v Essex County Council [1998] UKEAT 636_97_1702 17 Feb 1998 EAT Employment [ Bailii ] Â Walker v Royal College of Nursing [1998] UKEAT 101_98_1802 18 Feb 1998 EAT Employment 1 Cites 1 Citers [ Bailii ] Â Johnson v Luton and Dunstable Hospital [1998] UKEAT 1372_96_1802 18 Feb 1998 EAT Employment [ Bailii ] Â Lymbury (T/A John Lymbury and Co) v Mccrery [1998] UKEAT 217_98_1802 18 Feb 1998 EAT Employment [ Bailii ] Â Golden v Law Society of England and Wales [1998] UKEAT 1289_97_1802 18 Feb 1998 EAT Kirkwood J Discrimination, Employment [ Bailii ] Â Omar v Worldwide News Inc (T/A United Press International) [1998] UKEAT 770_97_1802 18 Feb 1998 EAT Employment [ Bailii ] Â Lincoln-Todd v Chudha [1998] UKEAT 135_98_1802 18 Feb 1998 EAT Employment [ Bailii ] Â Julienne v Post Office and Another [1998] UKEAT 829_97_1902 19 Feb 1998 EAT Employment 1 Cites [ Bailii ] Â Glendale Grounds Management v Bradley [1998] UKEAT 484_97_1902; EAT/484/97 19 Feb 1998 EAT Employment Transfer of Undertakings (Protection of Employment) Regulations 1981 1 Cites 1 Citers [ Bailii ] Â Boxshall and others v PTC and CPSA [1998] UKEAT 24_98_1902 19 Feb 1998 EAT Employment [ Bailii ] Â Barker v Micro Image Technology Ltd (T/A Laporte Electronics) [1998] UKEAT 1295_98_1902 19 Feb 1998 EAT Employment [ Bailii ] Â Vicary v British Telecommunications Plc [1998] UKEAT 1297_98_1902; [1999] IRLR 680 19 Feb 1998 EAT Morison P Employment, Discrimination A medical report in a disability discrimination claim should deal with the doctor’s diagnosis of the impairments, the doctor’s observation of the applicant carrying out day to day activities and the ease with which he was able to perform those functions, together with any relevant opinion as to prognosis and the effect of medication. Morison P said: "The fact that the medical adviser had been told on some disability discrimination course or seminar that something was or was not a normal day-to-day activity is not of relevance to the tribunal's determination. It is not for a doctor to express an opinion as to what is a normal day-to-day activity. That is a matter for them to consider using their basic common sense. Equally, it was not for the expert to tell the tribunal whether the impairments which had been found proved were or were not substantial. Again that was a matter for the employment tribunal to arrive at its own assessment. What, of course, a medical expert was entitled to do was to put forward her own observations of the applicant carrying out day-to-day activities and to comment on the case or otherwise with which she was performing those functions. She obviously also was entitled to give any prognosis that might be relevant and to give an opinion as to the position about the effect of medication." Disability Discrimination Act 1995 1 Citers [ Bailii ] Â Davidson v Ove Arup Partnership [1998] UKEAT 1376_97_2002 20 Feb 1998 EAT Employment [ Bailii ] Â London Borough of Camden v Dempster [1998] UKEAT 1212_97_2002 20 Feb 1998 EAT Employment [ Bailii ] Â Mostyn House School v Stovell [1998] UKEAT 854_97_2002 20 Feb 1998 EAT Employment [ Bailii ] Â Oco Mechanical Engineers Ltd v Bissett and others [1998] UKEAT 6_98_2002 20 Feb 1998 EAT Employment [ Bailii ] Â Â Dattani v Trio Supermarkets Limited; CA 20-Feb-1998 - Times, 20 February 1998; Gazette, 05 March 1998; [1998] EWCA Civ 158; [1998] ICR 872; [1998] IRLR 240 Â Abegaze v British Telecommunications Plc [1998] UKEAT 311_98_2002 20 Feb 1998 EAT Morison P J Employment, Discrimination 1 Cites 1 Citers [ Bailii ] Â Quartey v Riverside Housing Association [1998] UKEAT 150_98_2302 23 Feb 1998 EAT Employment [ Bailii ] Â Harry v Nalgo/Unison [1998] UKEAT 185_98_2302 23 Feb 1998 EAT Employment 1 Citers [ Bailii ] Â Messrs Ian Tonge Property Services v Dakin [1998] UKEAT 12_98_2402 24 Feb 1998 EAT Employment [ Bailii ] Â Hudson v Addison Engineering Support Services Ltd [1998] UKEAT 689_97_2402 24 Feb 1998 EAT Employment [ Bailii ] Â Post Office and Another v Chin [1998] UKEAT 162_97_2402 24 Feb 1998 EAT Employment [ Bailii ] Â Safeway Stores Plc v Savill [1998] UKEAT 718_97_2402 24 Feb 1998 EAT Employment [ Bailii ] Â Monteith v Aqua Gas Manufacturing Limited [1998] EWCA Civ 340 24 Feb 1998 CA Employment 1 Citers [ Bailii ] Â Dalgarno v the United Kingdom Atomic Energy Authority [1998] UKEAT 464_96_2502 25 Feb 1998 EAT Employment [ Bailii ] Â Denis Horton and Son v Ashton [1998] UKEAT 832_97_2502 25 Feb 1998 EAT Employment [ Bailii ] Â Post Office v Kalam [1998] UKEAT 285_98_2502 25 Feb 1998 EAT Employment [ Bailii ] Â Cherryhawk (Leicester) Ltd v Stead and others [1998] UKEAT 953_97_2502 25 Feb 1998 EAT Employment [ Bailii ] Â Edmondson v Oxfordshire Community Health NHS Trust [1998] UKEAT 407_97_2502 25 Feb 1998 EAT Employment [ Bailii ] Â UPS Ltd v Giles [1998] UKEAT 1088_97_2602 26 Feb 1998 EAT Employment [ Bailii ] Â London Borough of Hammersmith and Fulham v Vasthiampili Joseph Jesuthasan Times, 05 March 1998; Gazette, 18 March 1998; Gazette, 16 April 1998; [1998] EWCA Civ 356 26 Feb 1998 CA Discrimination, Employment A male part time worker in the public sector was entitled to the same protection as a female part time worker, and could amend his pleadings accordingly to allow for a decision reflecting a new understanding of EU Law. Employment Protection (Part-Time Employees) Regulations 1995 (1995 No 3) [ Bailii ] Â Mackay v Lancastrian Labels [1998] UKEAT 151_98_2602 26 Feb 1998 EAT Employment [ Bailii ] Â Tull and others v Severin and Another [1998] UKEAT 884_97_2602 26 Feb 1998 EAT Employment [ Bailii ] Â Â Preston and Others v Wolverhampton Healthcare NHS and Others; Fletcher and Others v Midland Bank Plc; HL 26-Feb-1998 - Times, 09 February 1998; Gazette, 26 February 1998; [1998] UKHL 6; [1998] 1 All ER 528; [1998] 1 WLR 280; [1998] ICR 227 Â Philip John Warner v Adnet Limited Times, 12 March 1998; [1998] EWCA Civ 357 26 Feb 1998 CA Lord Justice Henry Lord Justice Potter And Lord Justice Mummery Employment A dismissal of employees by administrative receivers just before the sale of a company as going concern was a redundancy outside the protection given by the TUPE provisions. 'in view of the facts found by the tribunal about the appointment of the receivers, the dire financial straits in which Microsystems found itself and the urgent need to find a purchaser for this undertaking as a going concern, the requirement of consultation normally applicable did not apply. The Industrial Tribunal were entitled to find that there was a fair dismissal, despite the absence of consultation. Consultation could not have made any difference to the decision to dismiss.' Transfer of Undertakings (Protection of Employment) Regulations 1981 (1981 No 1794) 1 Cites [ Bailii ] Â Cooper v Bupa Hospital Portsmouth [1998] UKEAT 171_98_2602 26 Feb 1998 EAT Employment [ Bailii ] Â Mensah v West Middlesex University Hospitals and others [1998] UKEAT 1111_97_2702 27 Feb 1998 EAT Employment 1 Cites 1 Citers [ Bailii ] Â Cornwall County Care Ltd v Brightman and others [1998] UKEAT 591_97_2702 27 Feb 1998 EAT Employment [ Bailii ] Â Orman and Another v Gear [1998] UKEAT 178_98_2702 27 Feb 1998 EAT Employment [ Bailii ] Â South Wales Police v Walters and others [1998] UKEAT 621_97_2702 27 Feb 1998 EAT Employment 1 Cites [ Bailii ] Â Middleton v Photographer Ltd [1998] UKEAT 176_98_2702 27 Feb 1998 EAT Employment [ Bailii ] Â Rance v Canada Life Assurance Co [1998] UKEAT 42_98_0103 1 Mar 1998 EAT Employment [ Bailii ] Â Munro v London Borough of Sutton [1998] UKEAT 400_98_0103 1 Mar 1998 EAT Employment [ Bailii ] Â Adeboye v Eagle (T/A Mcdonald's Restaurant) [1998] UKEAT 74_98_0103 1 Mar 1998 EAT Employment [ Bailii ] Â Lyttle v Metropolitan Housing Trust [1998] UKEAT 92_98_0103 1 Mar 1998 EAT Employment [ Bailii ] Â Oxford Brookes University v Chalmers and Another [1998] UKEAT 434_98_0103 1 Mar 1998 EAT Morison P J Employment [ Bailii ] Â Savill Freight and Transport Services Ltd v Butt [1998] UKEAT 70_98_0103 1 Mar 1998 EAT Employment [ Bailii ] Â Sharif v Doncaster Racial Equality Council [1998] UKEAT 99_98_0103 1 Mar 1998 EAT Employment [ Bailii ] Â Unwin v Sackville School and Another [1998] UKEAT 351_98_0103 1 Mar 1998 EAT Byrt QC HHJ Employment 1 Cites 1 Citers [ Bailii ] Â Yarwood v Christy and Co Ltd [1998] UKEAT 69_98_0103 1 Mar 1998 EAT Employment [ Bailii ] Â Barker v Ockbrook School [1998] UKEAT 47_98_0103 1 Mar 1998 EAT Employment [ Bailii ] Â Stafford and others v Gefco UK Ltd [1998] UKEAT 93_98_0103 1 Mar 1998 EAT Peter Clark HHJ Employment Whether continuously employed [ Bailii ] Â Turk v Nfc UK Services Ltd (T/A Exel Logistics) [1998] UKEAT 43_98_0103 1 Mar 1998 EAT Bell J Employment [ Bailii ] Â Rimmington v Massarella Catering Group Ltd [1998] UKEAT 62_98_0103 1 Mar 1998 EAT Employment [ Bailii ] Â Boxshall and others v Ptc and Cpsa [1998] UKEAT 24_98_0203 2 Mar 1998 EAT Employment [ Bailii ] Â Hanson v London Borough of Hillingdon [1998] UKEAT 18_98_0203 2 Mar 1998 EAT Employment [ Bailii ] Â Halton College of Kingsway and Another v Goulden [1998] UKEAT 202_98_0203 2 Mar 1998 EAT Employment [ Bailii ] Â Â Harrower v Buckinghamshire Health Authority; EAT 2-Mar-1998 - [1998] UKEAT 994_97_0203 Â Cook v Craig and Derricott [1998] UKEAT 957_97_0203 2 Mar 1998 EAT Employment [ Bailii ] Â Components Ltd v Rookwood [1998] UKEAT 13_98_0203 2 Mar 1998 EAT Employment [ Bailii ] Â Butterfield v Rapidmark Ltd [1998] UKEAT 131_98_0303 3 Mar 1998 EAT Employment [ Bailii ] Â Street v East Midlands Electricity Plc [1998] UKEAT 163_98_0303 3 Mar 1998 EAT Bell J Employment [ Bailii ] Â Wakefield and Pontefract Community Health NHS Trust v Armstrong [1998] UKEAT 965_97_0303 3 Mar 1998 EAT Employment [ Bailii ] Â 208 Sussex Gardens Ltd v Bakr [1998] UKEAT 344_98_0303 3 Mar 1998 EAT Employment [ Bailii ] Â Global Signs Ltd v Leader [1998] UKEAT 102_98_0403 4 Mar 1998 EAT Employment [ Bailii ] Â Toach and Another v British United Shoe Machinery Ltd [1998] UKEAT 429_97_0403 4 Mar 1998 EAT Pugsley HHJ Employment Appeal from a decision of the Industrial Tribunal sitting in Leicester in which they dismissed the applications which were brought for breach of contract. Both applicants claimed breach of contract concerning an agreement which existed between their union, AEEU, and the respondents. [ Bailii ] Â Martin v Court Cavendish Care Homes Ltd [1998] UKEAT 165_97_0403 4 Mar 1998 EAT Employment [ Bailii ] Â Astbury v Alfred Mcalpine Plant Ltd [1998] UKEAT 1315_97_0403 4 Mar 1998 EAT Employment [ Bailii ] Â South Tyneside Metropolitan Borough Council v Fokias and Another [1998] UKEAT 15_98_0403 4 Mar 1998 EAT Employment [ Bailii ] Â London Borough of Hounslow v Jones [1998] UKEAT 591_96_0403 4 Mar 1998 EAT Employment [ Bailii ] Â Tullett v The Page Group and others [1998] UKEAT 792_97_0503 5 Mar 1998 EAT Employment [ Bailii ] Â Lancashire County Council v Mason [1998] UKEAT 1349_97_0503 5 Mar 1998 EAT Employment [ Bailii ] Â Gledhill v G and J Spencer Plc (T/A Hygiene Specialists) [1998] UKEAT 893_97_0503 5 Mar 1998 EAT Employment [ Bailii ] Â Goodwood Services Ltd v Howard-Flynn and others [1998] UKEAT 188_97_0503 5 Mar 1998 EAT Employment [ Bailii ] Â National Health Service Supplies Authority v Evans [1998] UKEAT 208_98_0503 5 Mar 1998 EAT Employment [ Bailii ] Â Monteith v Aqua Gas Manufacturing Ltd [1998] EWCA Civ 402 5 Mar 1998 CA Employment 1 Cites [ Bailii ] Â Tchoula v Netto Foodstores Ltd Unreported, 06 March 1998; EAT/1378/96 6 Mar 1998 EAT Morison J Employment A bald statement saying that X's evidence was preferred to Y's is implausible and unreasoned and unacceptable; included simply to try and prevent any appeal. It is likely that there will be a great deal of background material which is non-controversial. There is no need to recite at length in the decision the evidence which has been received. What a tribunal should do is state their findings of fact in a sensible order (often chronological), indicating in relation to any significant finding the nature of the conflicting evidence and the reason why one version has been preferred to another. Many people from ethnic minorities distrust the judicial system, and employment Tribunals should be careful to give no grounds for the belief that the case has not been approached even-handedly. Care should be taken to refrain from comment which might be taken by a litigant as a confirmation of his or her worse fears. It is always unacceptable for a tribunal to assert its conclusion in a decision without giving reasons." 1 Cites 1 Citers Â Malik and Malik (T/A Applegates) v Howells (Deceased) [1998] UKEAT 1119_97_0603 6 Mar 1998 EAT Employment [ Bailii ] Â Â Howlett Marine Services v AEEU; EAT 6-Mar-1998 - [1998] UKEAT 253_98_0603 Â Connick Tree Care v S Chapman and Gristwood and Toms [1998] UKEAT 889_97_0603 6 Mar 1998 EAT Employment [ Bailii ] Â Oram v Initial Cleaning Services Ltd [1998] UKEAT 346_98_0603 6 Mar 1998 EAT Employment 1 Cites 1 Citers [ Bailii ] Â Patel v Rcms Ltd [1998] UKEAT 152_98_0603 6 Mar 1998 EAT Employment [ Bailii ] Â Jones v Ministry of Defence [1998] UKEAT 34_98_0603 6 Mar 1998 EAT Employment [ Bailii ] Â Shevlane v Mid-Kent College of Higher and Further Education [1998] UKEAT 242_98_0603 6 Mar 1998 EAT Employment [ Bailii ] Â Alexander-Newland v J and K Aquatics Ltd [1998] UKEAT 20_98_0903 9 Mar 1998 EAT Employment [ Bailii ] Â Yellow Pages Sales Ltd v Rejuwa [1998] UKEAT 743_97_0903 9 Mar 1998 EAT Employment [ Bailii ] Â Kab Seating Ltd v Kanani [1998] UKEAT 398_97_0903 9 Mar 1998 EAT Employment [ Bailii ] Â Chandler v Chubb Wardens Ltd [1998] UKEAT 888_97_1003 10 Mar 1998 EAT Employment [ Bailii ] Â National Association of Teachers In Further Eduacation and Higher Education (Natfhe) v Shahrokni [1998] UKEAT 232_98_1003 10 Mar 1998 EAT Employment [ Bailii ] Â Cornwall County Care Ltd v Brightman and Others Times, 10 March 1998 10 Mar 1998 EAT Employment A dismissal after the transfer of an undertaking was not unfair when at the same time the old terms of employment remained in effect. Compensation would be awarded for the dismissal and the new terms would be applied to the new contract. Transfer of Undertakings (Protection of Employment) Regulations 1981 (1981 No 1794) Â Executive Cleaning Group Ltd v Collins and others [1998] UKEAT 270_98_1003 10 Mar 1998 EAT Employment [ Bailii ] Â Jones v Cutting Edge Services Ltd [1998] UKEAT 204_97_1003 10 Mar 1998 EAT Employment [ Bailii ] Â North West London Mental Health NHS Trust v Wilkins [1998] UKEAT 258_98_1003 10 Mar 1998 EAT Employment [ Bailii ] Â Bari v London Borough of Waltham Forest [1998] UKEAT 324_98_1103 11 Mar 1998 EAT Employment [ Bailii ] Â Edge Hill University College v Motala [1998] UKEAT 205_98_1103 11 Mar 1998 EAT Employment [ Bailii ] Â Faris v Riverside Community Healthcare Trust [1998] UKEAT 1314_97_1103 11 Mar 1998 EAT Employment [ Bailii ] Â Williams-Key v Anite Systems Ltd [1998] UKEAT 320_98_1103 11 Mar 1998 EAT Employment [ Bailii ] Â Gamble and Another v Nadal [1998] UKEAT 184_98_1103 11 Mar 1998 EAT Employment [ Bailii ] Â Griffiths v Lipinski and others [1998] UKEAT 32_98_1103 11 Mar 1998 EAT Employment [ Bailii ] Â SPS Alarms Ltd (T/A SPS Security) v Lack and Another [1998] UKEAT 1053_97_1203 12 Mar 1998 EAT Bell J Employment [ Bailii ] Â Aparau v Iceland Frozen Foods Plc [1998] UKEAT 744_97_1203 12 Mar 1998 EAT Employment 1 Cites 1 Citers [ Bailii ] Â Dawes Cycles Ltd v Sedgley [1998] UKEAT 849_97_1203 12 Mar 1998 EAT Employment [ Bailii ] Â Thacker v Street [1998] EWCA Civ 450 12 Mar 1998 CA Employment Application for leave to appeal out of time. [ Bailii ] Â Donelien v South Bank University Student Union and others [1998] UKEAT 1039_97_1303 13 Mar 1998 EAT Employment [ Bailii ] Â Control Techniques Plc and Emerson Electric Co v Wheatley [1998] UKEAT 1378_97_1303 13 Mar 1998 EAT Employment [ Bailii ] Â Sawyerr v London Borough of Southwark and others [1998] UKEAT 238_97_1303 13 Mar 1998 EAT Employment [ Bailii ] Â Waldron v Early Days Nursery [1998] UKEAT 16_98_1303 13 Mar 1998 EAT Employment [ Bailii ] Â Niceday Ltd v Oyolu [1998] UKEAT 293_98_1603 16 Mar 1998 EAT Employment [ Bailii ] Â Mirza v Nipson Printing Systems (Uk) Ltd [1998] UKEAT 126_98_1603 16 Mar 1998 EAT Employment [ Bailii ] Â Cavannah v Borough of Blackburn [1998] UKEAT 110_98_1603 16 Mar 1998 EAT Employment [ Bailii ] Â Shepherd and others v Sefton Metropolitan Borough Council [1998] UKEAT 154_98_1603 16 Mar 1998 EAT Employment [ Bailii ] Â Personal Development Centres Ltd v Osatch and Another [1998] UKEAT 1189_97_1703 17 Mar 1998 EAT Employment [ Bailii ] Â Silicon Imaging Ltd v Pearce [1998] UKEAT 1234_97_1703 17 Mar 1998 EAT Employment [ Bailii ] Â Berry v Bethlem and Maudsley NHS Trust [1998] UKEAT 180_98_1703 17 Mar 1998 EAT Employment, Discrimination 1 Cites 1 Citers [ Bailii ] Â Lawson v Allied Schools [1998] UKEAT 263_98_1803 18 Mar 1998 EAT Employment [ Bailii ] Â Wise v Sutherland [1998] UKEAT 260_98_1803 18 Mar 1998 EAT Employment [ Bailii ] Â Gordon Connections Ltd v Holdaway [1998] UKEAT 981_97_1803 18 Mar 1998 EAT Employment [ Bailii ] Â Addy and Others' Application for Judicial Review [1998] EWCA Civ 478 18 Mar 1998 CA Employment 1 Cites [ Bailii ] Â Sim v Asda Property Holdings Plc [1998] UKEAT 310_98_1803 18 Mar 1998 EAT Employment [ Bailii ] Â Chapman v Surrey Health Borough Council [1998] UKEAT 383_97_1803 18 Mar 1998 EAT Employment [ Bailii ] Â Cuppelditch v Leicestershire County Council [1998] UKEAT 290_98_1803 18 Mar 1998 EAT Employment [ Bailii ] Â Davis v City of Islington College [1998] UKEAT 288_98_1803 18 Mar 1998 EAT Employment [ Bailii ] Â Jules Dethier Equipement Sa v Dassy and Another Times, 18 March 1998 18 Mar 1998 ECJ Employment Employment protection continued after liquidation where company continued to trade up to sale as going concern. Council Directive 77/187/EEC Feb 14 1977 Â Shelton v Electronic Data Systems Ltd [1998] UKEAT 615_97_1903 19 Mar 1998 EAT Employment [ Bailii ] Â Newman v Keohane and Another [1998] UKEAT 221_98_1903 19 Mar 1998 EAT Employment [ Bailii ] Â Post Office v Veysey [1998] UKEAT 466_97_1903 19 Mar 1998 EAT Employment [ Bailii ] Â Tele v Path (Local Authorities) Ltd and Another [1998] UKEAT 119_98_2003 20 Mar 1998 EAT N Butter QC HHJ Employment [ Bailii ] Â Mann v Lord Chancellor's Department [1998] UKEAT 104_98_2003 20 Mar 1998 EAT Employment [ Bailii ] Â Magna Housing Association Ltd v Turner and Another [1998] UKEAT 198_98_2003 20 Mar 1998 EAT Employment [ Bailii ] Â Schranz v Schranz and Another [1998] UKEAT 246_98_2003 20 Mar 1998 EAT Employment [ Bailii ] Â Macey v Velocity 128 Ltd [1998] UKEAT 750_97_2003 20 Mar 1998 EAT Employment [ Bailii ] Â Bishop v Hut Association [1998] UKEAT 123_98_2003 20 Mar 1998 EAT Employment [ Bailii ] Â Commercial Landscapes Ltd v Danes [1998] UKEAT 262_98_2003 20 Mar 1998 EAT Employment [ Bailii ] Â Soormally v Department of Social Security (Benefit Agency) [1998] UKEAT 125_98_2003 20 Mar 1998 EAT Morison P J Employment, Discrimination Appeal against rejection of claims of race discrimination in non-selection for promotion and as to reports about him. [ Bailii ] Â Mirikwe v Mental After Care Association [1998] UKEAT 1161_97_2303 23 Mar 1998 EAT Employment [ Bailii ] Â Welch v Leicestershire Constabulary and Another [1998] UKEAT 343_98_2303 23 Mar 1998 EAT Employment [ Bailii ] Â Linaker v Secretary of State for Trade and Industry and others [1998] UKEAT 273_98_2303 23 Mar 1998 EAT Employment [ Bailii ] Â Hussaney v Chester City FC and Another [1998] UKEAT 203_98_2303 23 Mar 1998 EAT Employment 1 Cites [ Bailii ] Â Lock v Cardiff Railway Company Ltd [1998] UKEAT 1022_97_2303; [1998] IRLR 358 23 Mar 1998 EAT Employment [ Bailii ] Â Edomi v London Borough of Hackney [1998] UKEAT 1002_97_2303 23 Mar 1998 EAT Employment [ Bailii ] Â Vuotto v Easey Garments UK Ltd [1998] UKEAT 866_97_2303 23 Mar 1998 EAT Employment [ Bailii ] Â Whitbread Plc v Bennett [1998] UKEAT 284_97_2403 24 Mar 1998 EAT Employment [ Bailii ] Â Watt v Secretary of State for Trade and Industry [1998] UKEAT 959_97_2403 24 Mar 1998 EAT Employment [ Bailii ] Â Blackpool Victoria Hospital NHS Trust v Oaten [1998] UKEAT 1346_97_2503 25 Mar 1998 EAT Employment [ Bailii ] Â Riverside Mental Health Trust v Crawley [1998] UKEAT 848_97_2503 25 Mar 1998 EAT Employment [ Bailii ] Â Vilareal-Dagraca v Bexley College [1998] UKEAT 134_98_2503 25 Mar 1998 EAT Employment [ Bailii ] Â Pinco (Bradford) Ltd v Bayliss and Another [1998] UKEAT 798_97_2503 25 Mar 1998 EAT Employment [ Bailii ] Â London Borough of Camden v Akers [1998] UKEAT 305_98_2603 26 Mar 1998 EAT Employment [ Bailii ] Â Nebraska Group of Companies Ltd v Walker [1998] UKEAT 239_98_2603 26 Mar 1998 EAT Employment [ Bailii ] Â Rice v Rover Group Ltd [1998] UKEAT 1381_97_2603 26 Mar 1998 EAT Employment [ Bailii ] Â Mattas v Caradon Mk Electric Ltd [1998] UKEAT 251_98_2603 26 Mar 1998 EAT Employment [ Bailii ] Â Morris v John Grose Group Ltd [1998] UKEAT 773_97_2703 27 Mar 1998 EAT Employment [ Bailii ] Â Secretary of State for Defence v Sidwell [1998] UKEAT 940_96_2703 27 Mar 1998 EAT Employment [ Bailii ] Â Regina v Secretary of State for Environment ex parte E Hugh Mcclorry [1998] EWHC Admin 369 27 Mar 1998 Admn Local Government, Employment Local Government Superannuation Regulations 1986 E2(1)(b)(i) [ Bailii ] Â Hanlon v University of Huddersfield [1998] UKEAT 166_98_2703 27 Mar 1998 EAT Employment [ Bailii ] Â Farnsworth Ltd v McCoid [1998] UKEAT 1266_97_2703 27 Mar 1998 EAT Butter QC HHJ Employment The Applicant had worked as a factory operative and was a duly elected shop steward. There was an agreement between the employers and the Transport and General Workers Union and under that agreement the employers had the right to de-recognise a shop steward if his conduct came into question. Trade Union and Labour Relations (Consolidation) Act 1992 146 1 Citers [ Bailii ] Â Adivihalli v Export Credits Guarantee Department [1998] UKEAT 917_97_2703 27 Mar 1998 EAT Employment A second disciplinary hearing by way of review rather than a rehearing might nevertheless be sufficient to remedy the defects of an earlier hearing. 1 Citers [ Bailii ] Â Hampton Timber Specialists Ltd v David Sandilands EAT/1297/99 29 Mar 1998 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Procedural Fairness Â Taylor v Pipefix Ltd [1998] UKEAT 147_98_3003 30 Mar 1998 EAT Peter Clark HHJ Employment Appeal against finding that the claimant was not an employee of the respondent. [ Bailii ] Â Baxter v Software As Ltd [1998] UKEAT 108_98_3003 30 Mar 1998 EAT Employment [ Bailii ] Â Yorkshire Bank Plc v Downie [1998] UKEAT 132_98_3103 31 Mar 1998 EAT Employment [ Bailii ] Â A v B [1998] UKEAT 289_98_3103 31 Mar 1998 EAT Employment, Discrimination The employer appealed against a finding of sex discrimination in the form of sexual harassment. Sex Discrimination Act 1975 41(3) [ Bailii ] Â Akateng v London Borough of Lambeth [1998] UKEAT 261_98_3103 31 Mar 1998 EAT Employment [ Bailii ] Â Beaven v Creative Print and Design Ltd [1998] UKEAT 553_97_3103 31 Mar 1998 EAT Employment [ Bailii ] Â Sequeira v Save and Prosper Group Ltd [1998] UKEAT 73_98_0104 1 Apr 1998 EAT Employment [ Bailii ] Â Intercollegiate Board In Orthopaedic Surgery and Another v Vishwanath [1998] UKEAT 463_98_0104 1 Apr 1998 EAT Employment [ Bailii ] Â Williams v London Borough of Southwark [1998] UKEAT 39_98_0104 1 Apr 1998 EAT Employment [ Bailii ] Â Sidhil Care Ltd v Goodall [1998] UKEAT 456_98_0104 1 Apr 1998 EAT Employment [ Bailii ] Â Savage v Avon Cosmetics Ltd [1998] UKEAT 50_98_0104 1 Apr 1998 EAT Employment [ Bailii ] Â Cook v Thorne House Autistic Community [1998] UKEAT 465_98_0104 1 Apr 1998 EAT Employment [ Bailii ] Â Regina v University of Greenwich ex parte Philton Moore [1998] EWCA Civ 609 2 Apr 1998 CA Employment, Discrimination 1 Citers [ Bailii ] Â Â Jones v Governing Body of Burdett Coutts School; CA 2-Apr-1998 - Times, 22 April 1998; Gazette, 07 May 1998; [1998] IRLR 521; [1998] EWCA Civ 602; [1999] ICR 38; FA 9 Â Glennie v Independent Magazines (UK) Ltd [1998] UKEAT 1262_97_0204 2 Apr 1998 EAT Employment 1 Cites 1 Citers [ Bailii ] Â W 1-6 v Essex County Council and Another Times, 09 April 1998; Gazette, 20 May 1998; [1998] 3 WLR 534; [1998] EWCA Civ 614; [1998] 3 All ER 111 2 Apr 1998 CA Negligence, Local Government, Employment A Local Authority had a duty of care to a fostering family when allocating children. A child was known to have a history of sexual abuse and was fostered with a family with other children, and no warning had been given. Foster parents sued the council for breach of contract and for alleged negligence for breach of duty of care. Held: There was no contractual relationship between the foster parents and the local authority. "although the Specialist Foster Carer Agreement had a number of features which one would expect to find in a contract, such as the payment of an allowance and expenses, provisions as to National Insurance, termination and restriction on receiving a legacy or engaging in other gainful employment and other matters to which the judge referred... I do not accept that this makes the agreement a contract in the circumstances of this case. A contract is essentially an agreement that is freely entered into on terms that are freely negotiated. If there is a statutory obligation to enter into a form of agreement the terms of which are laid down, at any rate in their most important respects, there is no contract" Race Relations Act 1976 1 Cites 1 Citers [ Bailii ] Â Del Grosso v Tom Cobleigh Plc [1998] UKEAT 1040_97_0304 3 Apr 1998 EAT Employment [ Bailii ] Â Gordon v The Chair of Newham Council for Racial Equality and Another [1998] UKEAT 1029_97_0304 3 Apr 1998 EAT Employment [ Bailii ] Â Williams v Leicester City Council [1998] UKEAT 1011_97_0604 6 Apr 1998 EAT Employment [ Bailii ] Â Harrold v Wiltshire Healthcare NHS Trust [1998] UKEAT 236_98_0604 6 Apr 1998 EAT Employment, Discrimination 1 Citers [ Bailii ] Â Secretary of State for Education and Employment v Bearman and others [1998] UKEAT 1201_97_0604 6 Apr 1998 EAT Employment [ Bailii ] Â Dalton v London Catering Services Ltd [1998] UKEAT 580_97_0704 7 Apr 1998 EAT Employment [ Bailii ] Â James Ritchie Robertson v Blackstone Franks Investment Management Limited Times, 04 May 1998; [1998] EWCA Civ 654 7 Apr 1998 CA Employment A self-employed worker was entitled to claim for commission payments due as wages due to a worker, but the employer was entitled to make allowance for advance payments he had made. Wages Act 1986 5(6) 7 1 Cites 1 Citers [ Bailii ] Â Gareth Evans v Secretary of State for Trade and Industry [1998] EWCA Civ 652 7 Apr 1998 CA Peter Gibson, Otton LJJ Employment [ Bailii ] Â ADT Auctions Ltd v Nayar [1998] UKEAT 264_97_0704 7 Apr 1998 EAT Employment The EAT considered a complaint by the dismissed employee that he had not been given the opportunity to cross examine the witnesses who had provided statements against him. 1 Cites 1 Citers [ Bailii ] Â Â William Hill Organisation Ltd v Tucker; CA 8-Apr-1998 - Times, 08 April 1998; Gazette, 20 May 1998; [1998] EWCA Civ 615; [1998] IRLR 313; [1999] ICR 291 Â Glinoer and Another v Greek School of London and Another [1998] UKEAT 1003_98_2004 20 Apr 1998 EAT Employment [ Bailii ] Â Alexandra Healthcare NHS Trust and Another v Effa [1998] UKEAT 565_97_2104 21 Apr 1998 EAT Peter Clark J Employment, Discrimination The Trust appealed against a finding of race discrimination. He was a doctor working as a locum. He had been summarily dismissed in breach of the respondent's own procedures and professional standards. Held: The appeal succeeded. The tribunal had erred in that it had made the assumption, for which there was no factual basis, that a hypothetical white comparator would have been treated differently. There was no warrant for making such an assumption, or for inferring that a comparable white doctor would have been treated any differently. Unreasonable treatment does not, without more, become discrimination merely because the person effected by it is from an ethnic minority. Race Relations Act 1976 7 1 Cites 1 Citers [ Bailii ] Â Wearing v Cornwall County Council [1998] UKEAT 1187_97_2104 21 Apr 1998 EAT Employment [ Bailii ] Â Ayobiojo v London Borough of Lewisham [1998] UKEAT 346_97_2104 21 Apr 1998 EAT Employment, Discrimination 1 Cites 1 Citers [ Bailii ] Â Kinmond v Rushton Connections Ltd [1998] UKEAT 799_97_2104 21 Apr 1998 EAT Employment [ Bailii ] Â Capitol Security Services Ltd v T J Lloyd EAT/1151/98, EAT/1276/98 21 Apr 1998 EAT His Honour Judge H J Byrt Qc Employment EAT Unfair Dismissal - Procedural fairness/automatically unfair dismissal. [ EATn ] Â Capitol Security Services Ltd v T J Lloyd EAT/1276/98; EAT/1151/98 21 Apr 1998 EAT His Honour Judge H J Byrt QC Employment EAT Unfair Dismissal - Procedural Fairness Mr Lloyd had been dismissed on allegations of intimidation and discrimination. Neither at the first hearing nor on appeal was he told of the findings of fact upon which the decision was based. He claimed unfair dismissal based upon procedural unfairness. The employer appealed a finding of unfair dismissal. Held: The tribunal had concentrated wrongly on the failures in the process without testing their effect. The failure to give reasons was not on its own sufficient. The discrimination and harrassment policy was a guide not a disciplinary procedure. It was wrong to make a finding of unfair dismissal without the tribunal testing their own assessment of the claimant. 1 Cites Â Roberts v Murray Lawrence and Partners [1998] UKEAT 887_97_2204 22 Apr 1998 EAT Employment [ Bailii ] Â Galley and others v Van Ommeren Tank Terminal (Purfleet) Ltd [1998] UKEAT 312_98_2204 22 Apr 1998 EAT Employment [ Bailii ] Â Computer Insight Ltd v Shokunbi [1998] UKEAT 309_98_2204 22 Apr 1998 EAT Employment [ Bailii ] Â Quaker Oats Ltd v Siraj [1998] UKEAT 280_98_2204 22 Apr 1998 EAT Employment [ Bailii ] Â Blackwood v Phillips and Another [1998] UKEAT 1135_97_2404 24 Apr 1998 EAT Employment 1 Cites 1 Citers [ Bailii ] Â Arora v Coopers and Lybrand [1998] UKEAT 806_97_2404 24 Apr 1998 EAT Employment [ Bailii ] Â Whitehouse v Blatchford and Sons Ltd [1998] UKEAT 1347_97_2404 24 Apr 1998 EAT Employment [ Bailii ] Â Subhadra Ryan v Hollowell Rest Home [1998] EWCA Civ 718 24 Apr 1998 CA Employment [ Bailii ] Â F W Walpole v Vauxhall Motors Ltd [1998] EWCA Civ 706 24 Apr 1998 CA Employment [ Bailii ] Â Roberts v Chargecrest Ltd and Another [1998] UKEAT 536_98_2404 24 Apr 1998 EAT Employment [ Bailii ] Â Doshoki v Shiley Ltd (T/A Schneider UK) [1998] UKEAT 607_97_2404 24 Apr 1998 EAT Employment [ Bailii ] Â Mccracken v Peterborough Relate [1998] UKEAT 233_98_2404 24 Apr 1998 EAT Employment [ Bailii ] Â Humphreys v Rowlands and Another [1998] UKEAT 174_98_2404 24 Apr 1998 EAT Employment 1 Citers [ Bailii ] Â Estall v Marketforce (UK) Ltd [1998] UKEAT 535_98_2404 24 Apr 1998 EAT Employment [ Bailii ] Â British Broadcasting Corporation v Kelly-Phillips Times, 24 April 1998; [1998] EWCA Civ 662; [1998] 2 All ER 845 24 Apr 1998 CA Lord Justice Evans Lord Justice Peter Gibson Lord Justice Thorpe Employment When a one year fixed term employment contract was extended by a period of less than a year, but then not again renewed, there was no unfair dismissal, since the exemption for the original term applied also to any extension. There had been conflicting interpretations of the statutory provisions. S197 could not be construed on its own. Employment Rights Act 1996 197 95(1)(b) 1 Cites [ Bailii ] Â Normand Motor Group Ltd v Dix [1998] UKEAT 1174_97_2704 27 Apr 1998 EAT Employment [ Bailii ] Â Reza v General Medical Council [1998] UKEAT 1365_96_2704 27 Apr 1998 EAT Employment [ Bailii ] Â Moon Furniture and Toy Centre v Coughlan [1998] UKEAT 306_98_2704 27 Apr 1998 EAT Employment 1 Citers [ Bailii ] Â Sides v Somerset County Council and Another [1998] UKEAT 1070_97_2704 27 Apr 1998 EAT Employment [ Bailii ] Â Stonham Housing Association Ltd v Short [1998] UKEAT 328_98_2704 27 Apr 1998 EAT Employment [ Bailii ] Â Williams v Lehman Brothers Ltd [1998] UKEAT 59_98_2704 27 Apr 1998 EAT Employment [ Bailii ] Â Abbeyfield (Clapham) Society Ltd v Short [1998] UKEAT 286_98_2704 27 Apr 1998 EAT Employment [ Bailii ] Â Regina v Nursing and Midwifery Staff Negotiating Council ex parte Mensah [1998] EWHC Admin 451 27 Apr 1998 Admn Discrimination, Employment Race Relations Act 1976 1(1) 1 Cites [ Bailii ] Â Allied Dunbar Assurance Plc v Banjo [1998] UKEAT 568_98_2804 28 Apr 1998 EAT Employment [ Bailii ] Â Post Office v Janjua [1998] UKEAT 564_98_2804 28 Apr 1998 EAT Employment [ Bailii ] Â Exeter and Devon Airport v Sawyer [1998] UKEAT 1360_97_2904 29 Apr 1998 EAT Employment [ Bailii ] Â Capek v Lincolnshire County Council [1998] UKEAT 1314_96_2904 29 Apr 1998 EAT Employment [ Bailii ] Â Stevens v H Bauer Publishing Ltd [1998] UKEAT 230_98_2904 29 Apr 1998 EAT Employment [ Bailii ] Â Secretary of State for Trade and Industry v Gordon [1998] UKEAT 277_98_2904 29 Apr 1998 EAT Employment [ Bailii ] Â Blandford v London Borough of Lambeth [1998] UKEAT 1355_97_3004 30 Apr 1998 EAT Employment 1 Cites 1 Citers [ Bailii ] Â Craven Textile Engineers Ltd v Shires [1998] UKEAT 530_98_3004 30 Apr 1998 EAT Employment [ Bailii ] Â Buxton v Equinox Design Ltd [1998] UKEAT 337_98_3004 30 Apr 1998 EAT Employment 1 Cites 1 Citers [ Bailii ] Â Dove Ltd v Howie [1998] UKEAT 1173_97_3004 30 Apr 1998 EAT Employment [ Bailii ] Â Racial Equality Council and others v Widlinski [1998] UKEAT 619_97_3004 30 Apr 1998 EAT Employment [ Bailii ] Â Mensah v West Middlesex University Hospitals and others [1998] UKEAT 1111_97_0105 1 May 1998 EAT Employment, Discrimination 1 Cites 1 Citers [ Bailii ] Â Metcalfe v Compair Reavell Ltd [1998] UKEAT 376_98_0105 1 May 1998 EAT Employment [ Bailii ] Â Mcmullen v Hayes Manor School [1998] UKEAT 424_98_0105 1 May 1998 EAT Employment [ Bailii ] Â National Co-Operative Chemists Ltd v Eglin [1998] UKEAT 412_98_0105 1 May 1998 EAT Employment [ Bailii ] Â Network Communications Systems Ltd v Hill [1998] UKEAT 420_98_0105 1 May 1998 EAT Employment 1 Cites [ Bailii ] Â Nwokedi v United Churches Housing Association (Birmingham) [1998] UKEAT 349_98_0105 1 May 1998 EAT Employment [ Bailii ] Â Montague v Post Office Counters Ltd [1998] UKEAT 416_98_0105 1 May 1998 EAT Employment [ Bailii ] Â London Swimming Pool Co Ltd v Garner [1998] UKEAT 380_98_0105 1 May 1998 EAT Employment [ Bailii ] Â Ladbroke Racing Ltd v Toner [1998] UKEAT 367_98_0105 1 May 1998 EAT Employment [ Bailii ] Â Jones v Post Office [1998] UKEAT 404_98_0105 1 May 1998 EAT Employment 1 Citers [ Bailii ] Â Francis v British Broadcasting Corporation [1998] UKEAT 368_98_0105 1 May 1998 EAT Employment [ Bailii ] Â Fontaine v Bpp Law Courses Ltd (T/A Bpp Law School) [1998] UKEAT 409_98_0105 1 May 1998 EAT Employment [ Bailii ] Â Bruce v Ford and Warren [1998] UKEAT 81_98_0105 1 May 1998 EAT Employment [ Bailii ] Â Everitt v British Telecommunications Plc [1998] UKEAT 399_98_0105 1 May 1998 EAT Employment [ Bailii ] Â Collett v R Miller and N Miller Ltd [1998] UKEAT 359_98_0105 1 May 1998 EAT Employment [ Bailii ] Â Dyke v Ready Mix Concrete (Wales) Ltd [1998] UKEAT 389_98_0105 1 May 1998 EAT Employment [ Bailii ] Â Daewoo Cars Ltd v Bunclark [1998] UKEAT 629_98_0105 1 May 1998 EAT Employment [ Bailii ] Â Ilangaratne v British Medical Association [1998] UKEAT 508_98_0105 1 May 1998 EAT Employment 1 Citers [ Bailii ] Â Â Morse v Wiltshire County Council; EAT 1-May-1998 - Times, 11 May 1998; [1998] UKEAT 1279_97_0105; [1998] ICR 1023 Â Tocris Cookson Ltd and Another v Pittaway [1998] UKEAT 354_98_0105 1 May 1998 EAT Employment [ Bailii ] Â Taborda v Capital Corporation Plc [1998] UKEAT 444_98_0105 1 May 1998 EAT Employment [ Bailii ] Â Szeto v Sims Portex Ltd [1998] UKEAT 431_98_0105 1 May 1998 EAT Employment [ Bailii ] Â Sun Valley Poultry Ltd v Godsall and Another [1998] UKEAT 451_98_0105 1 May 1998 EAT Employment [ Bailii ] Â Stubbings v Ministry of Defence [1998] UKEAT 415_98_0105 1 May 1998 EAT Employment 1 Citers [ Bailii ] Â Panton v Aston University [1998] UKEAT 362_98_0105 1 May 1998 EAT Employment [ Bailii ] Â Welsh v Post Office [1998] UKEAT 1139_97_0105 1 May 1998 EAT Employment 1 Cites [ Bailii ] Â Nwokenagu v Midland Nursing Home and others [1998] UKEAT 364_98_0105 1 May 1998 EAT Employment 1 Cites [ Bailii ] Â Sheehan v Post Office Counters Ltd [1998] UKEAT 417_98_0105 1 May 1998 EAT Employment [ Bailii ] Â Shah v Chic Childrenswear [1998] UKEAT 363_98_0105 1 May 1998 EAT Employment [ Bailii ] Â Salinger v Heidelberg Graphic Equipment Ltd [1998] UKEAT 391_98_0105 1 May 1998 EAT Employment [ Bailii ] Â Reffin v Kingston Upon Hull City Council [1998] UKEAT 421_98_0105 1 May 1998 EAT Employment [ Bailii ] Â Sivanandan v London Borough of Enfield [1998] UKEAT 450_98_0105 1 May 1998 EAT Employment, Discrimination 1 Citers [ Bailii ] Â Patterson v Nottinghamshire County Council [1998] UKEAT 384_98_0105 1 May 1998 EAT Employment [ Bailii ] Â Cusack v British Land Co Plc [1998] UKEAT 626_98_0105 1 May 1998 EAT Employment [ Bailii ] Â Weymouth (T/A Sutton Mill Residential Home) v Crowley [1998] UKEAT 353_98_0105 1 May 1998 EAT Employment [ Bailii ] Â Ewansiha-Oni v Gayhurst Infant School [1998] UKEAT 329_98_0605 6 May 1998 EAT Employment [ Bailii ] Â Evans and Another v Bradley [1998] UKEAT 437_97_0605 6 May 1998 EAT Employment [ Bailii ] Â Murgai v Home Office Immigration and Nationality Directorate [1998] UKEAT 1365_97_0705 7 May 1998 EAT Employment [ Bailii ] Â Rutherford (T/A Carmel Nursing Home) v Henderson [1998] UKEAT 844_97_0805 8 May 1998 EAT Employment [ Bailii ] Â University College Hospitals London National Health Service Trust v Gahan [1998] EWCA Civ 810 8 May 1998 CA Employment [ Bailii ] Â Solomanz v Kingsway College Corporation [1998] UKEAT 338_98_1105 11 May 1998 EAT Employment [ Bailii ] Â Ganiyu v Lanesborough Hotel [1998] UKEAT 658_97_1105 11 May 1998 EAT Employment [ Bailii ] Â Sandra Anne Ward v Potters-Ballotini Limited [1998] EWCA Civ 814 11 May 1998 CA Employment [ Bailii ] Â Asian Entertainment Guide Ltd v Duff [1998] UKEAT 871_97_1105 11 May 1998 EAT Employment [ Bailii ] Â Brooksbank v Buckinghamshire County Council [1998] UKEAT 504_97_1205 12 May 1998 EAT Employment [ Bailii ] Â Khor v Caerphilly County Council and others [1998] UKEAT 940_97_1205 12 May 1998 EAT Employment 1 Cites [ Bailii ] Â London Underground Ltd v Noel [1998] UKEAT 1351_97_1305 13 May 1998 EAT Employment [ Bailii ] Â Stoke Rochford Management Ltd v Talton [1998] UKEAT 611_98_1305 13 May 1998 EAT Employment [ Bailii ] Â Regina v London (North) Industrial Tribunal Ex Parte Associated Newspapers Ltd Gazette, 14 October 1998; Times, 13 May 1998; (1998) IRLR 569 13 May 1998 QBD Media, Employment A tribunal had erred in ordering that names of both complainant and respondent and of witnesses should be protected in a sexual harassment case. The power only exists in respect of the complainant and a 'person affected'. This group should not be extended. The imposition of general reporting restrictions on a sex discrimination case went beyond range of what was needed to protect the interests identified in the regulations to protect a someone not a party to the proceedings. Industrial Tribunals (Constitution and Rules of Procedure) Regulations 1993 (1993 No 2687) 14 Â Curtis v Royal Mail [1998] UKEAT 3_98_1305 13 May 1998 EAT Employment [ Bailii ] Â Davidson v City Electrical Factors Ltd Gazette, 13 May 1998; [1998] IRLR 108 13 May 1998 EAT Employment All cases of unfair dismissal on claim where employment between one and two years may be adjourned pending outcome of appeal to House of Lords in 'Seymour-Smith' case, but applicants with a qualifying period of employment of less than one year should not have applications stayed. Â Clean Car Autoservice Gesmbh v Landeshauptmann Von Wien Times, 13 May 1998; C-350/96; [1998] EUECJ C-350/96 13 May 1998 ECJ Employment, European An employer can make use of EU legislation allowing free movement of workers as much as can individual employees. Member state requiring an own national head of company was invalid. ECTreaty Art 48 [ Bailii ] Â Lunt v Merseyside TEC Ltd [1998] UKEAT 951_97_1305 13 May 1998 EAT Employment [ Bailii ] Â Lambert v Croydon College [1998] UKEAT 1247_96_1305 13 May 1998 EAT Employment 1 Cites 1 Citers [ Bailii ] Â Abbeyfield (Clapham) Society Ltd v Baker [1998] UKEAT 286_98_1305 13 May 1998 EAT Employment [ Bailii ] Â Dass v Tower Hamlets College [1998] UKEAT 127_98_1305 13 May 1998 EAT Employment 1 Cites 1 Citers [ Bailii ] Â Conway v Centre Point Trading (Uk) Ltd and others [1998] UKEAT 33_98_1305 13 May 1998 EAT Employment [ Bailii ] Â Green v P and O North Sea Ferries [1998] UKEAT 1269_97_1405 14 May 1998 EAT Employment [ Bailii ] Â Holland v Glendale Industries Ltd [1998] UKEAT 903_97_1405 14 May 1998 EAT Employment [ Bailii ] Â Imperial Chemical Industries Plc v Goodchild [1998] UKEAT 1015_97_1405 14 May 1998 EAT Employment [ Bailii ] Â Whitley and Another v Thompson [1998] UKEAT 1169_97_1405 14 May 1998 EAT Lindsay J Employment, Discrimination The claimants appealed against dismissal of their allegations of sexual harassment. The tribunal had found against them on the facts. 1 Cites [ Bailii ] Â Divine-Bortey v London Borough of Brent [1998] EWCA Civ 830; [1998] EWCA Civ 831; [1998] EWCA Civ 832 14 May 1998 CA Simin Brown LJ, Swinton Thomas LJ, Potter LJ Employment, Litigation Practice The claimant had brought and lost an action relating to his dismissal by the defendant, who now appealed against an order that he was not estopped from bring a second claim on a different basis namely race discrimination, disapplying the rule in Henderson. Held: The Council's appeal succeeded. The rule in Henderson should have been applied. The Industrial Tribunals (Constitution and Rules of Procedure) Regulations 1993 9(1) 1 Cites 1 Citers [ Bailii ] - [ Bailii ] - [ Bailii ] Â Smith v Unison [1998] UKEAT 1434_96_1505 15 May 1998 EAT D M Levy QC HHJ Employment Exclusion from membership of Trades Union. Trade Union and Labour Relations (Consolidation) Act 1992 175 [ Bailii ] Â Curran v London Underground Ltd [1998] UKEAT 19_98_1505 15 May 1998 EAT Morison J P Employment [ Bailii ] Â Pemberton v Claimstart Ltd (T/A Parkin Westbury and Co) [1998] UKEAT 1093_97_1505 15 May 1998 EAT Employment [ Bailii ] Â Bowers and Another (T/A Tlp Express Delivery) v Dale [1998] UKEAT 52_98_1505 15 May 1998 EAT Lindsay J Employment [ Bailii ] Â Davies v Trinity House Lighthouse Services [1998] UKEAT 737_97_1805 18 May 1998 EAT Employment [ Bailii ] Â Anderson v Pringle of Scotland Ltd Times, 18 May 1998; Gazette, 01 April 1998; [1998] IRLR 64 18 May 1998 OHCS Employment Where there was a procedure agreed with the unions for selection for redundancy, the employer could be held to it, and be ordered to re-instate the employee pending completion of the litigation as to breach of the term. Â Bentley v Inland Revenue [1998] UKEAT 1043_97_1805 18 May 1998 EAT Employment [ Bailii ] Â Daniel v Homerton Hospital Trust [1998] UKEAT 569_98_1805 18 May 1998 EAT Employment 1 Citers [ Bailii ] Â Clare v Arundel Ex-Servicemen's Club [1998] UKEAT 1344_97_1805 18 May 1998 EAT Employment [ Bailii ] Â Shah v Southern Relief Services and others [1998] UKEAT 130_98_1805 18 May 1998 EAT Employment [ Bailii ] Â Watts v Currie [1998] UKEAT 325_98_1905 19 May 1998 EAT Employment [ Bailii ] Â Filt-Air Engineering Ltd v Wilkinson [1998] UKEAT 807_97_1905 19 May 1998 EAT Employment [ Bailii ] Â Farrer v Amari Plastics Plc [1998] UKEAT 205_97_1905 19 May 1998 EAT Employment [ Bailii ] Â Chambers v London Borough of Lambeth [1998] UKEAT 819_97_1905 19 May 1998 EAT Employment [ Bailii ] Â Divine-Borley v Brent London Borough Council Times, 20 May 1998; Gazette, 03 June 1998; Gazette, 30 September 1998; (1998) IRLR 525 20 May 1998 CA Employment, Employment, Discrimination The Employment Appeal Tribunal had been wrong to allow an employee to add a claim for damages for racial discrimination, where the issues were those already decided at the tribunal. It was important to bring all claims together. Â Regina v Security Services Tribunal ex parte Clarke [1998] EWCA Civ 864 20 May 1998 CA Administrative, Employment, Armed Forces [ Bailii ] Â Divine-Borley v Brent London Borough Council Times, 20 May 1998; Gazette, 03 June 1998; Gazette, 30 September 1998; (1998) IRLR 525 20 May 1998 CA Employment, Employment, Discrimination The Employment Appeal Tribunal had been wrong to allow an employee to add a claim for damages for racial discrimination, where the issues were those already decided at the tribunal. It was important to bring all claims together. Â Thomas Pink Ltd v Fernandez [1998] UKEAT 982_97_2105 21 May 1998 EAT Employment [ Bailii ] Â Rega v Ridge Crest Cleaning Service [1998] UKEAT 1286_96_2105 21 May 1998 EAT Employment 1 Cites [ Bailii ] Â O'Shea Construction Ltd v Bassi [1998] UKEAT 1366_97_2105; [1998] ICR 1130 21 May 1998 EAT Lindsay J Employment, Discrimination 1 Citers [ Bailii ] Â Hancock v Doncaster Metropolitan Borough Council [1998] UKEAT 1078_96_2105 21 May 1998 EAT Byrt QC J Employment The claimant appealed against rejection of his claim under the 1986 Act with costs. Wages Act 1986 [ Bailii ] Â Sutcliffe and Another v Big C'S Marine and others [1998] UKEAT 1326_96_2205 22 May 1998 EAT Employment [ Bailii ] Â Clark v Novacold Ltd Times, 11 June 1998; [1999] IRLR 420 22 May 1998 EAT Morison P J Employment, Discrimination The employee appealed against the dismissal of his claim for disability discrimination. Held. The appeal succeeded. A comparator for the treatment of a disabled person who was away from work sick, was the treatment of a non-disabled person who had been absent for a similar period but for a non-disablement reason. (1) On the construction of section 5(1) the tribunal had correctly approached the identity of the comparator as a person who is unable to fulfil all the requirements of his job, but whose inability is not related to disability as defined by the 1995 Act. The Appeal Tribunal, like the Industrial Tribunal, rejected the contention that the comparator is a person who is able to fulfil all the requirements of his job. However, it was not apparent from the decision what characteristics the Industrial Tribunal assumed the hypothetical comparator to have. It should be asked to deal expressly with that point and the case was remitted for that purpose. (2) The Industrial Tribunal had erred in law in holding that the duty of adjustment in Section 6 had no application to a case where an employee was complaining of dismissal. The Tribunal was not given the assistance it needed on this point. Mr Clark's case should have been based on a breach by Novacold of their duty to make adjustments to accommodate him within their employment eg by altering his hours of work, allocating some of his duties to others or providing supervision before dismissing him. Those are matters which form part of the arrangements on which Novacold afforded employment to him. The Industrial Tribunal had erred in law in not treating these as additional rights under section 5(2) and section 6, which were not contingent on Mr Clark succeeding in his discrimination claim under section 5(1). The matter should be remitted to the Industrial Tribunal to consider whether there was discrimination under Section 5(2), in particular having regard to the relevant provisions of the Code of Practice. (3) Although the issue of justification did not arise for decision on the appeal, there did not appear to be any ground on which the tribunal's factual decision on that point could be faulted. The EAT directed that the case be remitted for re-hearing to the Industrial Tribunal. Disability Discrimination Act 1995 1 Citers Â Borkett v Workers Educational Association [1998] UKEAT 275_98_2205 22 May 1998 EAT Employment [ Bailii ] Â Gahan v University College London Hospitals NHS Trust [1998] UKEAT 276_98_2205 22 May 1998 EAT Employment [ Bailii ] Â Delamaine v Abbey National PLC Unreported 22/5/98; 2305204/97 22 May 1998 Employment (Industrial Tribunal) 1 Citers Â Secretary of State for Trade and Industry v Bottrill Gazette, 28 May 1998; [1998] IRLR 120 28 May 1998 EAT Morison J Employment There is no rule of law to suggest that a sole director and owner of majority of shareholding could not be an employee and entitled to redundancy payment on the liquidation of the company. "The higher courts have taken the view that the issue as to whether a person is or is not an employee is a pure question of fact. The shareholding of a person in the company by which he alleges he was employed is a factor to be taken into account, because it might tend to establish either that the company was a mere simulacrum or that the contract under scrutiny was a sham. In our judgment it would be wrong to say that a controlling shareholder who, as such, ultimately had the power to prevent his own dismissal by voting his shares to replace the board, was outside the class of persons given rights under the Act of 1996 on an insolvency." Employment Rights Act 1996 213 1 Citers Â Holland v Glendale Industries Ltd Times, 28 May 1998 28 May 1998 EAT Employment In order to establish constructive dismissal, the employee must state the reason for the resignation at the time of his resignation. He is accepting the employer's repudiation of the contract and he should be clear that that is what he is doing. Â Cowan v Interactive Audiotext Services Ltd [1998] UKEAT 778_98_0106 1 Jun 1998 EAT Employment [ Bailii ] Â L'Estrange v London and Country Ltd [1998] UKEAT 428_98_0106 1 Jun 1998 EAT Employment [ Bailii ] Â Kershaw v Raydex / Cdt Ltd [1998] UKEAT 500_98_0106 1 Jun 1998 EAT Employment [ Bailii ] Â Kennington v Regional Railways North East Ltd [1998] UKEAT 501_98_0106 1 Jun 1998 EAT Employment [ Bailii ] Â Jankowski v Cedef Finance (UK) Ltd and Another [1998] UKEAT 784_98_0106 1 Jun 1998 EAT Employment [ Bailii ] Â J Stanley Building Contractors v Toms [1998] UKEAT 356_98_0106 1 Jun 1998 EAT Employment [ Bailii ] Â Hanlon v University of Huddersfield [1998] UKEAT 683_98_0106 1 Jun 1998 EAT Employment [ Bailii ] Â Dawson v Rentokil Initial Ltd [1998] UKEAT 448_98_0106 1 Jun 1998 EAT Employment [ Bailii ] Â Coleman v Seceurop (Uk) Ltd [1998] UKEAT 483_98_0106 1 Jun 1998 EAT Employment [ Bailii ] Â Chahal v Meridian Business Support Plc and Proctor and Another [1998] UKEAT 775_98_0106 1 Jun 1998 EAT Employment [ Bailii ] Â Gardiner v Shell UK Ltd [1998] UKEAT 474_98_0106 1 Jun 1998 EAT Employment [ Bailii ] Â Lakareber v University of Portsmouth [1998] UKEAT 791_98_0106 1 Jun 1998 EAT Employment [ Bailii ] Â Mainland Car Deliveries Ltd v Phillips [1998] UKEAT 414_98_0106 1 Jun 1998 EAT Employment [ Bailii ] Â Mcleod v Ecovert South Ltd [1998] UKEAT 660_98_0106 1 Jun 1998 EAT Employment [ Bailii ] Â Tchoula v Erteco (Uk) Ltd [1998] UKEAT 62_98_0106 1 Jun 1998 EAT Employment 1 Cites [ Bailii ] Â Sparkes v Sheffield City Council [1998] UKEAT 454_98_0106 1 Jun 1998 EAT Employment [ Bailii ] Â Smock (T/A Coniston Coach Hire) v Wilson [1998] UKEAT 426_98_0106 1 Jun 1998 EAT Employment 1 Citers [ Bailii ] Â Rasmy v Stockport Healthcare NHS Trust and Another [1998] UKEAT 401_98_0106 1 Jun 1998 EAT Employment [ Bailii ] Â Cawley and others v Hammersmith Hospitals NHS Trust [1998] UKEAT 475_98_0106 1 Jun 1998 EAT Employment [ Bailii ] Â Qayyum v London Borough of Camden [1998] UKEAT 439_98_0106 1 Jun 1998 EAT Employment [ Bailii ] Â Pimlott v Tnt UK Ltd [1998] UKEAT 71_98_0106 1 Jun 1998 EAT Employment [ Bailii ] Â Peel and Bowler Chocolates Ltd v Ashmore and Another [1998] UKEAT 488_98_0106 1 Jun 1998 EAT Employment [ Bailii ] Â Palmer v Post Office [1998] UKEAT 472_98_0106 1 Jun 1998 EAT Employment [ Bailii ] Â Ogilvy v Easams Ltd [1998] UKEAT 490_98_0106 1 Jun 1998 EAT Employment [ Bailii ] Â Novotny v Irish Centre Hostels Ltd [1998] UKEAT 395_98_0106 1 Jun 1998 EAT Employment [ Bailii ] Â Raymond Rookwood v Ctl Components Plc [1998] UKEAT 78_98_0106 1 Jun 1998 EAT Employment [ Bailii ] Â Buecher v Dale Farm Dairy Group Ltd (T/A Northern Dairies) [1998] UKEAT 459_98_0106 1 Jun 1998 EAT Employment [ Bailii ] Â Brown v Quantum Care Ltd [1998] UKEAT 1_99_0106 1 Jun 1998 EAT Employment [ Bailii ] Â Martyres v Westminster City Council [1998] UKEAT 464_98_0106 1 Jun 1998 EAT Employment [ Bailii ] Â Borland v Vessey [1998] UKEAT 468_98_0106 1 Jun 1998 EAT Employment [ Bailii ] Â Sampong v London Borough of Hackney and Another [1998] UKEAT 343_96_0206 2 Jun 1998 EAT Employment [ Bailii ] Â Temple Security Services Ltd v Chay [1998] UKEAT 814_97_0206 2 Jun 1998 EAT Employment [ Bailii ] Â Streetscene Holdings Plc v Thorpe [1998] UKEAT 1167_97_0206 2 Jun 1998 EAT Employment [ Bailii ] Â Ali v College of North East London [1998] UKEAT 1309_97_0206 2 Jun 1998 EAT Employment [ Bailii ] Â Forsythe v Excel Couriers [1998] UKEAT 822_96_0406 4 Jun 1998 EAT Employment [ Bailii ] Â Dagogo v Hampshire County Council [1998] UKEAT 1358_97_0406 4 Jun 1998 EAT Employment [ Bailii ] Â Taylor and others v John Webster Buildings Civil Engineering [1998] UKEAT 1097_97_0406 4 Jun 1998 EAT Employment [ Bailii ] Â Wratten v Kent County Council [1998] UKEAT 1178_97_0506 5 Jun 1998 EAT Employment [ Bailii ] Â Parchment v Ford Motor Co Ltd [1998] UKEAT 30_98_0806 8 Jun 1998 EAT Morison P J Employment Appeal against refusal of extension of time to lodge appeal. Held: Refused. The appellant "obviously has been suffering and still suffers from considerable disability, but he is not somebody who I should regard as being incapable of dealing with his own affairs in any technical sense. It seems to me that in the circumstances there is no satisfactory explanation for the delay in lodging his Notice of Appeal in this case." On the papers the appeal would appear likely to have been refused anyway. [ Bailii ] Â Gibson v Ciro Cittero (Menswear) Plc [1998] UKEAT 1276_97_0806 8 Jun 1998 EAT J Hull QC J Employment Transfer of Undertakings (Protection of Employment) Regulations 1983 [ Bailii ] Â Â Dench v Flynn and Partners (a Firm); CA 9-Jun-1998 - [1998] EWCA Civ 934; [1998] IRLR 653 Â Khaliq v British Steel Plc [1998] UKEAT 1102_97_0906 9 Jun 1998 EAT Employment [ Bailii ] Â Adams v Radnorshire Women's Aid [1998] UKEAT 145_98_0906 9 Jun 1998 EAT Employment Appeal by the Applicant against the remedies decision of an Industrial Tribunal sitting at Hereford following an earlier liability decision upholding her complaint of unfair dismissal against her former employer, the Respondent, Radnorshire Women's Aid. [ Bailii ] Â Â Ashworth v Commissioners of Inland Revenue; CA 10-Jun-1998 - [1998] EWCA Civ 957 Â Ngonadi v London Fire and Civil Defence Authority [1998] UKEAT 143_98_1006 10 Jun 1998 EAT Employment [ Bailii ] Â Newcastle Youth Congress v Malik [1998] UKEAT 100_98_1006 10 Jun 1998 EAT Employment [ Bailii ] Â ECM (Vehicle Delivery Service) Ltd v Cox and Others Times, 10 June 1998 10 Jun 1998 EAT Employment Employees within a unit employed to satisfy requirements of a contract in one firm had the right to transfer to a different firm which wrested the contract from the original employers. The arrangement of changing the contract was transfer of undertaking. Transfer of Undertakings (Protection of Employment) Regulations 1981 (1981 No 1794) 1 Cites 1 Citers Â Wheen v Oxford Brookes University [1998] UKEAT 195_98_1006 10 Jun 1998 EAT Employment [ Bailii ] Â O'Neill v Symm and Co Ltd Gazette, 08 July 1998; Gazette, 10 June 1998; Times, 12 March 1998; [1998] IRLR 233 10 Jun 1998 EAT Employment, Discrimination An employer dismissing an employee for sickness absences, and who was unaware that the sickness had come to be a disability, did not discriminate under the Act. The reason for the dismissal was to be looked for in the mind of the employer. Disability Discrimination Act 1995 4(2) 5(1)(a) 1 Cites 1 Citers Â Collisson v British Broadcasting Corporation Gazette, 08 July 1998; Gazette, 10 June 1998; [1998] IRLR 238 10 Jun 1998 EAT Employment The ability to contract out of continuity of service unfair dismissal and redundancy provisions is limited. It is a statutory concept over-riding private freedom of contract, and contractual approach was inappropriate. Â Optikinetics Ltd v Whooley [1998] UKEAT 1257_97_1006 10 Jun 1998 EAT Employment [ Bailii ] Â Garnes v London Borough of Lambeth and Another [1998] UKEAT 1237_97_1006 10 Jun 1998 EAT Employment [ Bailii ] Â King v the Hundred of Hoo Nursery Times, 10 June 1998 10 Jun 1998 EAT Employment Employees notice of intention to return to work after maternity leave need not be given in writing. An ambiguous Act interpreted to purposively accord with European law under which made. Employment Rights Act 1996 80(1) Â Forest of Dean District Council v Roger and Another [1998] UKEAT 272_98_1006 10 Jun 1998 EAT Employment [ Bailii ] Â Carlton v La Manga Holidays Ltd [1998] UKEAT 853_97_1106 11 Jun 1998 EAT Employment [ Bailii ] Â S C Plant Hire v Fisher [1998] UKEAT 1100_97_1106 11 Jun 1998 EAT Employment [ Bailii ] Â Clark v Novacold Ltd [1998] UKEAT 1284_97_1707 11 Jun 1998 EAT Morison P J Employment, Discrimination The EAT heard arguments as to whether its decision to remit the case to the Industrial Tribunal was correct. Held: The matter should be stayed pending the hearing of the matter at the Court of Appeal. Disability Discrimination Act 1995 1 1 Cites 1 Citers [ Bailii ] Â Firlands Training Ltd v Fletcher [1998] UKEAT 950_97_1106 11 Jun 1998 EAT Employment [ Bailii ] Â Nesar A Rafiq v National Criminal Intelligence Service [1998] EWCA Civ 996 12 Jun 1998 CA Employment The applicant wished to consider discrimination proceedings and applied for an order to disclose to him the application forms of the other canditates for the post for which his application had been rejected. He opposed editing of the forms by the chairman of the tribunal. Held: The application was wrong. The tribunal members would have had access to the full documents. [ Bailii ] Â Fashola v London Borough of Hackney [1998] UKEAT 149_98_1206 12 Jun 1998 EAT Employment [ Bailii ] Â Alan Cohain v British Railways Board [1998] EWCA Civ 980 12 Jun 1998 CA Employment [ Bailii ] Â Chiata v London Borough of Hackney [1998] UKEAT 249_98_1406 14 Jun 1998 EAT Employment [ Bailii ] Â Ferney Auto Engineering Ltd v Pardoe [1998] UKEAT 664_97_1506 15 Jun 1998 EAT Employment [ Bailii ] Â Kingsnorth Bitumen Products Ltd v Fritter and others [1998] UKEAT 51_98_1506 15 Jun 1998 EAT Employment [ Bailii ] Â Gibbons v Southern Finance Co Ltd [1998] UKEAT 326_98_1506 15 Jun 1998 EAT Employment [ Bailii ] Â Perrott v Heat Radiation Ltd [1998] UKEAT 786_97_1506 15 Jun 1998 EAT Employment [ Bailii ] Â Ritchie v Manpower Plc and others [1998] UKEAT 886_97_1506 15 Jun 1998 EAT Employment [ Bailii ] Â Pybus v Milton-Davies [1998] UKEAT 340_98_1506 15 Jun 1998 EAT Employment [ Bailii ] Â Armstrong v Hallam Administration Services Ltd [1998] UKEAT 358_98_1506 15 Jun 1998 EAT Employment [ Bailii ] Â Collymore v Capita Business Services Ltd [1998] UKEAT 162_98_1506 15 Jun 1998 EAT Employment [ Bailii ] Â Lisa Jacqueline Grant v South West Trains Ltd [1998] EWCA Civ 1002; (1998) ICR 449 15 Jun 1998 CA Lord Justice Stuart-Smith Sir Christopher Staughton Employment, Discrimination Renewed application for leave to appeal from Industrial Tribunal. The claimant sought equal treatment in respect of her homosexual partner for free or discretionary travel concessions. 1 Cites 1 Citers [ Bailii ] Â Brown v Luxrad Ltd (T/A Surbiton Hill Garage) [1998] UKEAT 1255_97_1506 15 Jun 1998 EAT Employment [ Bailii ] Â Thompson v Norwich Union Life and Pensions Ltd [1998] UKEAT 117_98_1606 16 Jun 1998 EAT Employment [ Bailii ] Â Cross v Nordiko Ltd [1998] UKEAT 1345_97_1706 17 Jun 1998 EAT Employment [ Bailii ] Â David Job Astbury v Alfred McAlpine Plant Limited [1998] EWCA Civ 1026 18 Jun 1998 CA Employment [ Bailii ] Â Buckinghamshire County Council v Ahmed [1998] UKEAT 124_98_1806 18 Jun 1998 EAT Employment [ Bailii ] Â Jones v Lingfield Leisure Plc [1998] EWCA Civ 1037 18 Jun 1998 CA Lady Justice Butler-Sloss, Lord Justice Pill, The Lord Lloyd Of Berwick Employment, Damages The claimant had been unfairly dismissed but in addition to this employment she had also lost her earnings from a private practice as an aerobics teacher at the same facility where she was employed. She had been awarded damages for the employment loss, but not the rest. Held: The court did not state as a proposition of law that no award could ever be made under Section 123 for loss of self-employed earnings or, at any rate, the loss of an opportunity to earn them. There could be a situation under a contract of employment where the opportunity to earn other money, using the employer's facilities, in a self-employed capacity, could come within Section 123 when an award was quantified. However, on the facts of this case the Tribunal were entitled to hold on an application of Section 123 that the very large earnings as a self-employed person by an appellant employed for only one or two shifts a week were not within the terms of the section. Employment Rights Act 1996 123 1 Cites [ Bailii ] Â Carisway Cleaning Consultants Ltd v Richards and Cooper Cleaning Services [1998] UKEAT 629_97_1906 19 Jun 1998 EAT Employment [ Bailii ] Â Songra v Marano [1998] UKEAT 1076_97_1906 19 Jun 1998 EAT Employment [ Bailii ] Â Ansari v Howes [1998] UKEAT 890_97_1906 19 Jun 1998 EAT Employment [ Bailii ] Â Alexander v Camden and Islington Community Health [1998] UKEAT 135_97_1906 19 Jun 1998 EAT Employment [ Bailii ] Â Santamarina Tesouro v Stakis Casinos Ltd [1998] UKEAT 172_98_2206 22 Jun 1998 EAT Employment [ Bailii ] Â Tantony v Prospect Care Services Ltd [1998] UKEAT 228_98_2206 22 Jun 1998 EAT Employment [ Bailii ] Â Usman v Watford Borough Council [1998] UKEAT 169_98_2206 22 Jun 1998 EAT Employment [ Bailii ] Â Landels v the Open University [1998] UKEAT 1006_97_2206 22 Jun 1998 EAT Employment [ Bailii ] Â Ihenacho v Wandsworth Borough Council [1998] UKEAT 16_97_2206 22 Jun 1998 EAT Employment [ Bailii ] Â Patel v Leicester City Council [1998] UKEAT 901_97_2206 22 Jun 1998 EAT Employment [ Bailii ] Â Hillman v London General Transport Services Ltd [1998] UKEAT 498_97_2306 23 Jun 1998 EAT Employment [ Bailii ] Â Foster v Hampshire Fire and Rescue Service [1998] UKEAT 1303_97_2306 23 Jun 1998 EAT Employment [ Bailii ] Â Davies v ABI Building Data Ltd [1998] UKEAT 106_98_2306 23 Jun 1998 EAT Employment [ Bailii ] Â Mcnally v Snap Heath Ltd [1998] UKEAT 1013_97_2306 23 Jun 1998 EAT Employment [ Bailii ] Â Marsh Ferriman and Cheale v Cutler [1998] UKEAT 1152_97_2406 24 Jun 1998 EAT Employment [ Bailii ] Â Royal Hotel (Nw) Ltd v Baker [1998] UKEAT 227_98_2406 24 Jun 1998 EAT Employment [ Bailii ] Â Sauntson v Eco Manufacturing Ltd [1998] UKEAT 1171_97_2406 24 Jun 1998 EAT Employment [ Bailii ] Â Lindop v Stuart Noble and Sons Ltd Times, 25 June 1998 25 Jun 1998 OHCS Employment In Scottish receivership an employee was not entitled to claim for preference of payment of claim for wages for absence of notice when the company went into receivership. Scottish receivership distinct process. Â Computerking Ltd v Warner [1998] UKEAT 686_97_2506 25 Jun 1998 EAT Employment [ Bailii ] Â Sutcliffe and Another v Big C'S Marine and Others Gazette, 03 September 1998; Times, 25 June 1998; [1998] IRLR 428 25 Jun 1998 EAT Employment EAT disapproved of growing practice of professional IT chairmen taking preliminary points alone. It saved money but at the potential expense of the appearance of injustice. The importance of the contribution capable of being made by lay members is not to be forgotten. Â Hedden v Exeter Diocesan Board for Christian Care [1998] UKEAT 125_97_2606 26 Jun 1998 EAT Employment 1 Citers [ Bailii ] Â Mundell v Knoll Pharmaceuticals [1998] UKEAT 811_96_2606 26 Jun 1998 EAT Employment [ Bailii ] Â Nakatani v Japanese School Ltd [1998] UKEAT 391_97_2606 26 Jun 1998 EAT Employment [ Bailii ] Â Mcdade v Masons (A Firm) [1998] UKEAT 1065_97_2906 29 Jun 1998 EAT Employment [ Bailii ] Â Akhtar v Linpac Gpg International [1998] UKEAT 172_97_2906 29 Jun 1998 EAT Employment [ Bailii ] Â Newman v Ministry of Defence [1998] UKEAT 213_98_2906 29 Jun 1998 EAT Employment [ Bailii ] Â Townend and Sons Hull Ltd v Buckley [1998] UKEAT 514_98_2906 29 Jun 1998 EAT Employment [ Bailii ] Â Masiak v City Restaurants (Uk) Ltd [1998] UKEAT 683_97_2906 29 Jun 1998 EAT Employment [ Bailii ] Â Jupiter Projects Ltd (T/A Jupiter Communications) v Allen [1998] UKEAT 358_97_3006 30 Jun 1998 EAT Employment [ Bailii ] Â Cherryhawk (Leicester) Ltd v Stead and Another [1998] UKEAT 953_97_3006 30 Jun 1998 EAT Employment [ Bailii ] Â Â De Freitas v The Permanent Secretary of Ministry of Agriculture, Fisheries, Lands and Housing and others; PC 30-Jun-1998 - [1998] UKPC 30; [1999] 1 AC 69; Appeal No 42 of 1997; [1998] 3 WLR 675; 4 BHRC 563 Â Pendragon Plc v Jackson [1998] UKEAT 108_97_3006 30 Jun 1998 EAT Employment 1 Cites [ Bailii ] Â Ojobaro v London Borough of Hackney [1998] UKEAT 1192_97_0107 1 Jul 1998 EAT Employment [ Bailii ] Â David Croome Ltd (T/A Croome) International Transport v Grant [1998] UKEAT 487_98_0107 1 Jul 1998 EAT Employment [ Bailii ] Â Saheid and Another v Churchill [1998] UKEAT 387_98_0107 1 Jul 1998 EAT Employment [ Bailii ] Â Sogbetun v London Borough of Hackney [1998] UKEAT 1051_97_0107 1 Jul 1998 EAT Employment [ Bailii ] Â Two Shires Ambulance NHS Trust v La Motte [1998] UKEAT 795_98_0107 1 Jul 1998 EAT Employment [ Bailii ] Â Tice and Another v Cartwright [1998] UKEAT 728_98_0107 1 Jul 1998 EAT Employment [ Bailii ] Â Loyaha v Secureplan Plc and Another [1998] UKEAT 494_98_0107 1 Jul 1998 EAT Employment [ Bailii ] Â HM Prison Service v Plant [1998] UKEAT 518_98_0107 1 Jul 1998 EAT Employment [ Bailii ] Â Thompson v Benny Dee (Wood Green) Ltd [1998] UKEAT 637_98_0107 1 Jul 1998 EAT Employment [ Bailii ] Â D'Souza v London Borough of Lambeth [1998] UKEAT 733_98_0107 1 Jul 1998 EAT Employment 1 Cites 1 Citers [ Bailii ] Â Drake and Another (T/A Procuts, A Partnership) v Lowes [1998] UKEAT 916_98_0107 1 Jul 1998 EAT Employment [ Bailii ] Â Palmer v Clarke and Symonds Ltd [1998] UKEAT 388_98_0107 1 Jul 1998 EAT Employment [ Bailii ] Â Glinwell Marketing Ltd v Darhour [1998] UKEAT 620_98_0107 1 Jul 1998 EAT Employment [ Bailii ] Â Henderson v Hunting Contract Services [1998] UKEAT 504_98_0107 1 Jul 1998 EAT Employment 1 Citers [ Bailii ] Â Teixeira v Kwik Save Stores Ltd [1998] UKEAT 495_98_0107 1 Jul 1998 EAT Employment [ Bailii ] Â St Edmund's College v Meatyard and Another [1998] UKEAT 785_98_0107 1 Jul 1998 EAT Employment [ Bailii ] Â Sparks v Hartley (T/A Human International) [1998] UKEAT 35_98_0107 1 Jul 1998 EAT Employment [ Bailii ] Â Home Shopping Network (Uk) Ltd (T/A Home Express) v Aruvee [1998] UKEAT 257_98_0107 1 Jul 1998 EAT Employment [ Bailii ] Â Benefits Agency (Dss) v Ford [1998] UKEAT 759_98_0107 1 Jul 1998 EAT Employment [ Bailii ] Â Afful v London Borough of Lambeth [1998] UKEAT 647_98_0107 1 Jul 1998 EAT Employment [ Bailii ] Â Amin v G E Macpherson Ltd [1998] UKEAT 480_98_0107 1 Jul 1998 EAT Employment 1 Citers [ Bailii ] Â Armstrong v Rigby [1998] UKEAT 275_98_0107 1 Jul 1998 EAT Employment [ Bailii ] Â Ford v Amalgamated Construction Co Ltd [1998] UKEAT 476_98_0107 1 Jul 1998 EAT Employment [ Bailii ] Â Badamchi-Zadeh v Shepherd Construction Ltd [1998] UKEAT 33_97_0107 1 Jul 1998 EAT Employment 1 Cites 1 Citers [ Bailii ] Â Balfour Beatty Railway Engineering Ltd v Masterman [1998] UKEAT 398_98_0107 1 Jul 1998 EAT Employment [ Bailii ] Â Barbour v Rensow Patisserie Ltd [1998] UKEAT 466_98_0107 1 Jul 1998 EAT Employment [ Bailii ] Â Walker v Kent Institute of Art and Design [1998] UKEAT 393_98_0107 1 Jul 1998 EAT Employment [ Bailii ] Â Lazarus v London Borough of Hackney [1998] UKEAT 796_98_0107 1 Jul 1998 EAT Employment [ Bailii ] Â Brown v Transport and General Workers Union [1998] UKEAT 496_98_0107 1 Jul 1998 EAT Employment [ Bailii ] Â Gibson v Mpe Liverpool Ltd [1998] UKEAT 616_98_0107 1 Jul 1998 EAT Employment [ Bailii ] Â Jones v Messrs Hill Dickinson (Solicitors) [1998] UKEAT 840_98_0107 1 Jul 1998 EAT Employment [ Bailii ] Â Johnson v Luton and Dunstable Hospital NHS Trust [1998] UKEAT 346_98_0107 1 Jul 1998 EAT Employment [ Bailii ] Â Brassey v Citibank Na [1998] UKEAT 790_98_0107 1 Jul 1998 EAT Employment [ Bailii ] Â Isherwood and Another v Yarn Exchange Ltd and Another [1998] UKEAT 469_98_0107 1 Jul 1998 EAT Employment [ Bailii ] Â Myles v Nottinghamshire County Council [1998] UKEAT 493_98_0107 1 Jul 1998 EAT Employment [ Bailii ] Â Olusanya v London Borough of Hackney [1998] UKEAT 625_98_0107 1 Jul 1998 EAT Employment [ Bailii ] Â Efstratiou v Cumberland Hotel and Cape Dutch Restaurant [1998] UKEAT 406_98_0107 1 Jul 1998 EAT Employment [ Bailii ] Â National Health Service Supplies Authority v Evans [1998] UKEAT 208_98_0207 2 Jul 1998 EAT Employment [ Bailii ] Â X v Y and Another [1998] UKEAT 534_98_0207 2 Jul 1998 EAT Employment [ Bailii ] Â Purchase v Ellis and Buckle [1998] EWCA Civ 1145 2 Jul 1998 CA Employment 1 Cites [ Bailii ] Â Thorley (T/A Tmt Management Consultants) v Moffat [1998] UKEAT 1137_97_0307 3 Jul 1998 EAT Employment [ Bailii ] Â Patterson v London Borough of Lambeth [1998] UKEAT 1402_97_0307 3 Jul 1998 EAT Employment [ Bailii ] Â Burton v Nottingham Animal By Products [1998] UKEAT 447_97_0307 3 Jul 1998 EAT Employment [ Bailii ] Â Wilson v Manchester Adventure Playground Association [1998] UKEAT 984_97_0307 3 Jul 1998 EAT Employment [ Bailii ] Â Locke v Sun Electric UK Ltd [1998] UKEAT 300_98_0307 3 Jul 1998 EAT Employment [ Bailii ] Â Gibson v East Riding Yorkshire Council [1998] UKEAT 526_98_0307 3 Jul 1998 EAT Employment 1 Citers [ Bailii ] Â Gale v Granby Motors (Derby) Ltd and Another [1998] UKEAT 493_97_0307 3 Jul 1998 EAT Employment [ Bailii ] Â Nguyen v London Borough of Bexley and others [1998] UKEAT 363_97_0307 3 Jul 1998 EAT Employment [ Bailii ] Â David Webster Ltd v Filmer [1998] UKEAT 167_98_0607 6 Jul 1998 EAT Employment [ Bailii ] Â Ms S Jones G Kingston v Darlows Estate Agency [1998] EWCA Civ 1157 6 Jul 1998 CA Employment [ Bailii ] Â Wu v Lloyds Register of Shipping [1998] UKEAT 1214_97_0607 6 Jul 1998 EAT Employment [ Bailii ] Â Fasuyi v London Borough of Greenwich [1998] UKEAT 1101_97_0607 6 Jul 1998 EAT Employment [ Bailii ] Â C T L Components Plc v Rookwood [1998] UKEAT 13_98_0707 7 Jul 1998 EAT Employment [ Bailii ] Â Court v Gloucestershire Royal NHS Trust [1998] UKEAT 599_98_0707 7 Jul 1998 EAT Employment 1 Citers [ Bailii ] Â Renel v Clark and Another [1998] UKEAT 82_97_0707 7 Jul 1998 EAT Employment [ Bailii ] Â Rey v Post Office [1998] UKEAT 567_98_0707 7 Jul 1998 EAT Employment [ Bailii ] Â Nicholson v Budget Insurance Ltd [1998] UKEAT 1072_97_0807 8 Jul 1998 EAT Employment [ Bailii ] Â Weiss v London Borough of Hillingdon [1998] UKEAT 17_98_0807 8 Jul 1998 EAT Employment [ Bailii ] Â UK Hotels Ltd v Davies [1998] UKEAT 543_98_0807 8 Jul 1998 EAT Employment [ Bailii ] Â Chilton v London Borough of Richmond Upon Thames [1998] UKEAT 29_98_0807 8 Jul 1998 EAT Employment [ Bailii ] Â Hanif v Secretary of State for Trade and Industry [1998] UKEAT 1327_97_0807 8 Jul 1998 EAT Employment [ Bailii ] Â Graham v Bristol City Council [1998] UKEAT 511_98_0807 8 Jul 1998 EAT Employment [ Bailii ] Â Goldwell (Hair Cosmetics) Ltd v Temple [1998] UKEAT 541_98_0807 8 Jul 1998 EAT Employment [ Bailii ] Â Goldwell (Hair Cosmetics) Ltd v Hope [1998] UKEAT 283_98_0807 8 Jul 1998 EAT Employment [ Bailii ] Â Thomason v Apollo Leisure (Uk) Ltd [1998] UKEAT 419_97_0907 9 Jul 1998 EAT Employment [ Bailii ] Â Meiszner v Hart Timber Preservation Ltd [1998] UKEAT 691_97_0907 9 Jul 1998 EAT Employment [ Bailii ] Â Beezley v Post Office and Another [1998] UKEAT 612_98_0907 9 Jul 1998 EAT Employment [ Bailii ] Â Doncaster v Power Products International Ltd [1998] UKEAT 1118_97_1007 10 Jul 1998 EAT Employment [ Bailii ] Â Bluff (T/A Hatchett and Bill Public House) v Pearson [1998] UKEAT 582_97_1007 10 Jul 1998 EAT Employment [ Bailii ] Â Compass Services UK Ltd (T/A Chartwells) v Tolland [1998] UKEAT 299_98_1007 10 Jul 1998 EAT Employment [ Bailii ] Â Patel v Rcms Ltd [1998] UKEAT 152_98_1307 13 Jul 1998 EAT Employment [ Bailii ] Â Sood v Aquapal Ltd [1998] UKEAT 1366_96_1307 13 Jul 1998 EAT Employment [ Bailii ] Â Ridout v Group [1998] UKEAT 1371_97_1307 13 Jul 1998 EAT Employment [ Bailii ] Â Â British Broadcasting Corporation v Farnworth; EAT 13-Jul-1998 - Times, 07 October 1998; Gazette, 28 October 1998; [1998] UKEAT 1000_97_1307 Â Rear Admiral T J England v Hampshire County Council [1998] UKEAT 822_97_1307 13 Jul 1998 EAT Employment [ Bailii ] Â Commissioner of Police for Metropolis v Lowrey-Nesbitt Times, 29 July 1998; [1998] UKEAT 952_97_1307 13 Jul 1998 EAT Police, Employment A police officer does not work under a contract of employment for Employment Rights Act purposes and so may not claim for unlawful deduction from wages under the Act. Employment is a special statutory relationship, not contractual. 1 Cites 1 Citers [ Bailii ] Â Colborne v News Ltd of Australia [1998] UKEAT 284_98_1307 13 Jul 1998 EAT Employment [ Bailii ] Â Barkland Cleaning Ltd v Lamb [1998] UKEAT 278_97_1407 14 Jul 1998 EAT Employment [ Bailii ] Â Stanislaw Tadeusz Kisilowski v Josiah Wedgewood and Sons [1998] EWCA Civ 1220 15 Jul 1998 CA Employment [ Bailii ] Â Edwards v Derby City Council [1998] UKEAT 1353_97_1507 15 Jul 1998 EAT Employment [ Bailii ] Â Credit Suisse First Boston (Europe) Ltd v Padiachy and Others Times, 16 July 1998 16 Jul 1998 QBD Employment Contrary position resulting from European judgement was inescapable. Better terms of employment imposed on an employee after transfer of undertaking were not enforceable against the employee. Acquired Rights Directive 77/187/EEC Â Hotel Inter-Continental (London) v Lazarevic [1998] UKEAT 539_98_1607 16 Jul 1998 EAT Employment [ Bailii ] Â Davenport v Taptonholme for Elderly People [1998] UKEAT 559_98_1607 16 Jul 1998 EAT Employment [ Bailii ] Â Spring v Datateam Publishing Ltd [1998] UKEAT 1287_97_1707 17 Jul 1998 EAT Employment [ Bailii ] Â Post Office v Clarke [1998] UKEAT 860_97_1707 17 Jul 1998 EAT Employment [ Bailii ] Â Sugar Ray's Wine Bar v Richmond [1998] UKEAT 1233_97_1707 17 Jul 1998 EAT Employment [ Bailii ] Â Stevens v Beddall [1998] UKEAT 220_98_1807 18 Jul 1998 EAT Employment [ Bailii ] Â Russell v London Borough of Haringey [1998] UKEAT 529_98_1807 18 Jul 1998 EAT Employment [ Bailii ] Â Teachers Pension Agency v Hill Times, 20 July 1998 20 Jul 1998 CA Employment A teacher whose series of fixed term contracts had been allowed to expire without renewal had not been dismissed by any reason of redundancy, and so was not entitled under the regulations to take early retirement. Teachers' Superannuation (Consolidation) Regulations 1998 (1998 No 1652) - Pension Schemes Act 1993 151(4) Â Court v Gloucestershire Royal NHS Trust [1998] UKEAT 599_98_2007 20 Jul 1998 EAT Employment 1 Cites 1 Citers [ Bailii ] Â Wilkes v Thanet District Council [1998] UKEAT 282_97_2007 20 Jul 1998 EAT Employment [ Bailii ] Â Hammond v Inland Revenue [1998] UKEAT 343_97_2007 20 Jul 1998 EAT Employment [ Bailii ] Â Bell v Baxter [1998] UKEAT 931_97_2107 21 Jul 1998 EAT Employment [ Bailii ] Â Cuckson v Taylor [1998] UKEAT 735_97_2107 21 Jul 1998 EAT Employment [ Bailii ] Â Barratt v Abbey National Plc [1998] UKEAT 330_97_2107 21 Jul 1998 EAT Employment [ Bailii ] Â Â D'Souza v London Borough of Lambeth; EAT 22-Jul-1998 - [1998] UKEAT 360_96_2207 Â Brown v Sue Ryder Foundation [1998] UKEAT 1329_97_2207 22 Jul 1998 EAT Employment [ Bailii ] Â Bridal v Invicta Community Care NHS Trust [1998] UKEAT 313_98_2207 22 Jul 1998 EAT Employment [ Bailii ] Â Chief Constable West Yorkshire Police v S [1998] EWCA Civ 1259 22 Jul 1998 CA Police, Employment [ Bailii ] Â Cowell and Cowell (t/a The Stables) v Gwlym Williams CA Civ 1254 22 Jul 1998 CA Employment Welsh Language Act 1993 22 1 Citers [ Bailii ] Â D'Souza v London Borough of Lambeth and Another [1998] UKEAT 199_98_2207 22 Jul 1998 EAT Employment 1 Cites [ Bailii ] Â Ramdeholl v Architecture Ltd [1998] UKEAT 1230_97_2207 22 Jul 1998 EAT Employment [ Bailii ] Â Simmons v Celtic Technologies Ltd [1998] UKEAT 1370_97_2207 22 Jul 1998 EAT Employment [ Bailii ] Â Harris v Opus (Hrd) Ltd [1998] UKEAT 160_98_2207 22 Jul 1998 EAT Employment [ Bailii ] Â Glasgow v Company X Fashions Ltd and Another [1998] UKEAT 1159_97_2207 22 Jul 1998 EAT Employment [ Bailii ] Â Garg v Wolverhampton Health Authority and others [1998] UKEAT 252_95_2207 22 Jul 1998 EAT Employment [ Bailii ] Â Arthur v Attorney General and others [1998] UKEAT 578_98_2207 22 Jul 1998 EAT Employment [ Bailii ] Â Khan v Oxford City Mosque Society [1998] UKEAT 920_97_2307 23 Jul 1998 EAT Employment 1 Cites [ Bailii ] Â Howlett Marine Services v AEEU [1998] UKEAT 253_98_2307 23 Jul 1998 EAT Employment [ Bailii ] Â Bg Plc (Tranco) v Dunthorne and Another [1998] UKEAT 265_98_2307 23 Jul 1998 EAT Employment [ Bailii ] Â Midland Bank Plc v McCann [1998] UKEAT 1041_97_2307 23 Jul 1998 EAT Employment [ Bailii ] Â Middleton v Photographer Ltd [1998] UKEAT 176_98_2307 23 Jul 1998 EAT Employment [ Bailii ] Â Jackson v Department of Health [1998] UKEAT 1242_97_2307 23 Jul 1998 EAT Employment [ Bailii ] Â Parkinson v Ministry of Defence [1998] UKEAT 520_98_2407 24 Jul 1998 EAT Employment [ Bailii ] Â Bird v Swm Distribution [1998] UKEAT 330_98_2407 24 Jul 1998 EAT Employment [ Bailii ] Â Cook v Craig and Derricott [1998] UKEAT 957_97_2407 24 Jul 1998 EAT Employment [ Bailii ] Â Tierney v Stonehouse [1998] UKEAT 547_98_2407 24 Jul 1998 EAT Employment [ Bailii ] Â Ellsworth and Hollaway Publishing Ltd v Howells [1998] UKEAT 317_98_2407 24 Jul 1998 EAT Employment [ Bailii ] Â Jessop v Kirklees Metropolitan Council [1998] UKEAT 156_98_2407 24 Jul 1998 EAT Employment [ Bailii ] Â Rpc Containers Ltd v Neville [1998] UKEAT 1246_97_2407 24 Jul 1998 EAT Employment [ Bailii ] Â Clark Tokeley Ltd (T/a Spell Brook Ltd) v Oakes and others Times, 10 September 1998; Gazette, 30 September 1998; [1998] EWCA Civ 1294 27 Jul 1998 CA Employment The transfer of an undertaking involved a series of acts which need not occur at the same time and the time of such transfer must be construed flexibly to reflect the period of time over which the transfer actually occurs. Employment Rights Act 1996 218(2) [ Bailii ] Â Egbaiyelo v National Association of Citizens Advice Bureaux [1998] UKEAT 595_98_2707 27 Jul 1998 EAT Employment 1 Citers [ Bailii ] Â Migrant Advisory Service v Chaudri [1998] UKEAT 1400_97_2807 28 Jul 1998 EAT Employment [ Bailii ] Â Bache v Essex County Council [1998] EWHC Admin 1030 28 Jul 1998 CA Employment The employee challenged a decision of the employent tribunal restricting the use to be made of counsel at the hearing. [ Bailii ] Â Doyle v Britax Wingard Ltd [1998] UKEAT 1206_97_2807 28 Jul 1998 EAT Employment [ Bailii ] Â Mahmood v Jang Publications Limited [1998] EWCA Civ 1318 28 Jul 1998 CA Employment [ Bailii ] Â Thompson v Ritec Ltd [1998] UKEAT 573_98_2807 28 Jul 1998 EAT Employment [ Bailii ] Â West Yorkshire Police and others v Khan [1998] UKEAT 774_97_2807 28 Jul 1998 EAT Employment 1 Cites 1 Citers [ Bailii ] Â British Sugar Plc v Kirker [1998] UKEAT 170_98_2807 28 Jul 1998 EAT Employment [ Bailii ] Â Coles v National Trust [1998] UKEAT 27_98_2807 28 Jul 1998 EAT Employment [ Bailii ] Â Cahill v HM Prison Service [1998] UKEAT 322_96_2807 28 Jul 1998 EAT Employment [ Bailii ] Â TSB Bank Plc v Harris [1998] UKEAT 1296_97_2807 28 Jul 1998 EAT Employment [ Bailii ] Â Tiyamiyu v London Borough of Hackney [1998] UKEAT 6_97_2907 29 Jul 1998 EAT Employment [ Bailii ] Â Telewest Communications Ltd v Briscoe [1998] UKEAT 593_98_2907 29 Jul 1998 EAT Employment 1 Citers [ Bailii ] Â Ventham v William Hill Organisation Ltd [1998] UKEAT 1157_97_2907 29 Jul 1998 EAT Employment [ Bailii ] Â Bates v Newcastle Mind and others [1998] UKEAT 538_98_2907 29 Jul 1998 EAT Employment [ Bailii ] Â Feltham and Another v Co-Operative Insurance Society Ltd [1998] UKEAT 586_98_2907 29 Jul 1998 EAT Employment [ Bailii ] Â Â Kelly v Northern Ireland Housing Executive; Loughran v Northern Ireland Housing Executive; HL 29-Jul-1998 - Times, 14 September 1998; Gazette, 23 September 1998; [1998] 3 WLR 735; [1998] UKHL 33; [1999] 1 AC 428; [1998] ICR 828; [1998] NI 240; [1998] IRLR 593 Â Newton v Vauxhall Motors Ltd [1998] UKEAT 83_98_3007 30 Jul 1998 EAT Employment [ Bailii ] Â Edge Hill University College v Motala [1998] UKEAT 205_98_3007 30 Jul 1998 EAT Employment [ Bailii ] Â Drage v Greenford High School [1998] UKEAT 4_98_3107 31 Jul 1998 EAT Employment [ Bailii ] Â Brookes and 334 Others v Borough Care Services and CLS Care Services Ltd Gazette, 10 December 1998; [1998] IRLR 636; [1998] UKEAT 210_98_0408; [1998] ICR 1198 4 Aug 1998 EAT Employment, European Where a transfer of a business had been arranged by way of a transfer of shares rather than of the business and particularly in order to avoid the Regulations, the transfer of shares took effect as a transfer of the undertaking and so the regulations caught the transaction, even though the Directive made no mention of such a transfer. Transfer of Undertakings (Protection of Employment) Regulations 1981 (1981 No 1794) 1 Cites 1 Citers [ Bailii ] Â Booth and others v United States of America [1998] UKEAT 1389_97_0408 4 Aug 1998 EAT Employment [ Bailii ] Â Meehan v Messrs Gentle, Rackstraw and Robinson and Another [1998] UKEAT 60_98_0408 4 Aug 1998 EAT Employment [ Bailii ] Â Okaedigbo v Post Office [1998] UKEAT 137_98_1408 14 Aug 1998 EAT Employment [ Bailii ] Â M Cavannah v Borough of Blackburn [1998] EWCA Civ 1403 18 Aug 1998 CA Employment [ Bailii ] Â A Aparau v Iceland Frozen Food Plc [1998] EWCA Civ 1405 21 Aug 1998 CA Employment The appellant sought leave to appeal. Despite the misgivings of the court as to the presence of genuine points of law, leave was given. 1 Cites 1 Citers [ Bailii ] Â Â Carrington v Harwich Duck Co Ltd; EAT 31-Aug-1998 - Times, 31 August 1998 Â Springer v Harding Housing Association [1998] UKEAT 814_98_0109 1 Sep 1998 EAT Employment [ Bailii ] Â Toogood v Glan Clwyd Hospital Trust [1998] UKEAT 657_98_0109 1 Sep 1998 EAT Employment [ Bailii ] Â Bourne and others v Transport and General Workers Union [1998] UKEAT 641_98_0109 1 Sep 1998 EAT Employment [ Bailii ] Â Uttley v St John Ambulance and Another [1998] UKEAT 635_98_0109 1 Sep 1998 EAT Employment [ Bailii ] Â Chequepoint UK Ltd v Radwan [1998] UKEAT 638_98_0109 1 Sep 1998 EAT Employment [ Bailii ] Â Desmarais v London Underground Ltd [1998] UKEAT 690_98_0109 1 Sep 1998 EAT Employment [ Bailii ] Â Kb v NHS Pension Agency and Another [1998] UKEAT 479_98_0109 1 Sep 1998 EAT Employment [ Bailii ] Â Perotti v London Borough of Camden [1998] EWCA Civ 1419 1 Sep 1998 CA Employment [ Bailii ] Â Hooker v Children's Society [1998] UKEAT 695_98_0109 1 Sep 1998 EAT Employment [ Bailii ] Â Linkison-Cole v Glenfield Hospital NHS Trust [1998] UKEAT 653_98_0109 1 Sep 1998 EAT Employment [ Bailii ] Â Kamal v Price's Patent Candle Company Ltd [1998] UKEAT 674_98_0109 1 Sep 1998 EAT Employment [ Bailii ] Â Mackenzie v Hotston and others [1998] UKEAT 684_98_0109 1 Sep 1998 EAT Employment [ Bailii ] Â Collett v R Miller and N Miller Ltd [1998] UKEAT 359_98_0109 1 Sep 1998 EAT Employment [ Bailii ] Â Frankling and others v Bps Public Sector Ltd [1998] UKEAT 442_98_0209 2 Sep 1998 EAT Employment [ Bailii ] Â Aniagwu v London Borough of Hackney and Another [1998] UKEAT 116_98_0209 2 Sep 1998 EAT Employment [ Bailii ] Â Evesham v North Hertfordshire Health Authority and Another [1998] UKEAT 1354_97_0209 2 Sep 1998 EAT Employment, Discrimination 1 Cites [ Bailii ] Â Abegaze v IPR Technical Development Ltd [1998] UKEAT 385_98_0209 2 Sep 1998 EAT Morison P J Employment, Discrimination The court was asked whether the proposed appeal raised an arguable point of law. The claimant had requested witness orders, but the tribunal had refused them. Five of the six requested attended as defentant's witnesses. Held: The Industrial Tribunal was perfectly entitled in the exercise of its discretion to refuse to make witness orders in the absence of some compelling or good reason. The request had been made too near the hearing date. As to the question of bias, the Employment Tribunal had been correct to rely on R v Gough. 1 Cites [ Bailii ] Â London Borough of Southwark v Mason [1998] UKEAT 1326_97_0209 2 Sep 1998 EAT Employment [ Bailii ] Â Pearn Kandola v Windows [1998] UKEAT 1017_97_0209 2 Sep 1998 EAT Employment [ Bailii ] Â Lock v Cardiff Railway Company Ltd Gazette, 03 September 1998; [1998] IRLR 358 3 Sep 1998 EAT Morrison J Employment The appellant complained that he was not warned that the offence for which he was dismissed might lead to his dismissal. The EAT overturned the Employment Tribunal's finding that the employer had acted reasonably in the dismissal where the tribunal had failed to take proper account of the failure of the employer to follow the ACAS code of practice on disciplinary practice and procedures, which provided: "Employees should be made aware of the likely consequences of breaking the rules and in particular they should be given a clear indication of the type of conduct which may warrant summary dismissal." The employer was strongly criticised for not having a code of conduct, and secondly for not following the provisions of the ACAS Code of Practice, and in particular, in not specifying what offences would be regarded gross misconduct justifying dismissal for a first breach. 1 Citers Â North West London Mental Health NHS Trust v Wilkins [1998] UKEAT 258_98_0309 3 Sep 1998 EAT Employment [ Bailii ] Â FSS Travel and Leisure Systems Ltd v Johnson Gazette, 03 September 1998; [1998] IRLR 382 3 Sep 1998 CA Employment An employee using the skills acquired working for one employer is not to be restricted in using those skills by a claim that such working skills are confidential in form of trade secrets. All factors taken into account and identification of information. Â Chatten v Glebe Vehicle Contracts Ltd [1998] UKEAT 1090_98_0409 4 Sep 1998 EAT Employment [ Bailii ] Â Sangham Ltd and Another v Sidhwa [1998] UKEAT 1072_98_0909 9 Sep 1998 EAT Employment [ Bailii ] Â Butterfield v Rapidmark Ltd (T/A 3 MV) [1998] UKEAT 131_98_0909 9 Sep 1998 EAT Employment 1 Cites [ Bailii ] Â City of Bradford Metropolitan District v Dawson [1998] UKEAT 266_98_1009 10 Sep 1998 EAT Employment [ Bailii ] Â Grigg v H M Land Registry [1998] UKEAT 553_98_1409 14 Sep 1998 EAT Employment [ Bailii ] Â R HalstUK Ltd v HalstUK [1998] UKEAT 784_97_1409 14 Sep 1998 EAT Employment [ Bailii ] Â Taukoorchand and Another v St Helier NHS Trust [1998] UKEAT 244_98_1509 15 Sep 1998 EAT Employment [ Bailii ] Â Ravenscroft v Jocrow Steel Ltd and Another [1998] UKEAT 323_98_1509 15 Sep 1998 EAT Employment [ Bailii ] Â Raspin v United News Shops Ltd [1998] UKEAT 1186_96_1509 15 Sep 1998 EAT Employment [ Bailii ] Â London Borough of Hammersmith and Fulham v Francis [1998] UKEAT 115_98_1509 15 Sep 1998 EAT Employment [ Bailii ] Â Â Morris v John Grose Group Limited; EAT 16-Sep-1998 - Gazette, 16 September 1998; (1998) IRLR 499 Â Stanislas v Bedfordshire Police Authority and others [1998] UKEAT 1117_98_1609 16 Sep 1998 EAT Employment [ Bailii ] Â Pearson v Halesowen College [1998] UKEAT 1139_96_1609 16 Sep 1998 EAT Employment [ Bailii ] Â Norman v Lambeth College [1998] UKEAT 612_97_1609 16 Sep 1998 EAT Employment [ Bailii ] Â Blackmore v North West Kent College of Technology [1998] UKEAT 302_98_1709 17 Sep 1998 EAT Employment [ Bailii ] Â Okiji v Hilton International Hotels (Uk) Ltd [1998] UKEAT 1023_97_1709 17 Sep 1998 EAT Employment [ Bailii ] Â Mcleod-Brown v Concrete Grinding Ltd [1998] UKEAT 728_97_1809 18 Sep 1998 EAT Employment [ Bailii ] Â Reid v Johnson Matthey Plc [1998] UKEAT 573_97_1809 18 Sep 1998 EAT Employment [ Bailii ] Â Slocombe v Entrelec (Uk) Ltd [1998] UKEAT 1241_96_2209 22 Sep 1998 EAT Employment [ Bailii ] Â Regina v the Chief Constable of the British Transport Police ex parte Farmer Gazette, 23 September 1998 23 Sep 1998 QBD Employment A probationer constable had assisted a colleague in cheating in an examination. It was wrong to dismiss him summarily because it was a disciplinary offence and had to be treated as such and the correct procedure followed. Â Moon Furniture and Toy Centre v Coughlan [1998] UKEAT 306_98_2509 25 Sep 1998 EAT Employment 1 Cites [ Bailii ] Â Mcdade v London Borough of Ealing [1998] UKEAT 566_98_2809 28 Sep 1998 EAT Employment [ Bailii ] Â Lovett v Wigan Metropolitan Borough Council [1998] UKEAT 571_98_2809 28 Sep 1998 EAT Employment 1 Cites 1 Citers [ Bailii ] Â Deman v Victoria University of Manchester EAT/1375/98 28 Sep 1998 EAT His Honour Judge Peter Clark Employment The claimant asserted the appearance of prejudice in the tribunal which had heard his claim. Held: The claim was unfounded. Courts should acknowledge that there was always a risk of causing suspicion if untoward remarks were made, and a court should be careful. Nevertheless, the appeal was dismissed. EAT Procedural Issues - Employment Tribunal. Employment Tribunal Rules of Procedure 1993 13(2)(d) 1 Cites 1 Citers [ EAT ] Â De Souza v Ernulf Community School [1998] UKEAT 572_98_2909 29 Sep 1998 EAT Employment [ Bailii ] Â Carpenter v Stretton Leisure Ltd [1998] UKEAT 577_98_2909 29 Sep 1998 EAT Employment [ Bailii ] Â Okuoka v Department of Social Security [1998] UKEAT 323_98_2909 29 Sep 1998 EAT Employment [ Bailii ] Â Jones v Governing Body of Burdett Coutts School Gazette, 30 September 1998; (1998) IRLR 521 30 Sep 1998 EAT Employment EAT The Employment Appeal Tribunal refused to allow on appeal an employee's more senior legal representative to re-open a point of law wrongly conceded at the Industrial Tribunal because of the need to achieve finality in litigation. 1 Cites 1 Citers Â Aikman v Biotechnology Biological Sciences Research Counsel [1998] UKEAT 1069_98_3009 30 Sep 1998 EAT Hicks QC HHJ Employment Calculation of award on finding of unfair dismissal. [ Bailii ] Â Wise v Greenthorpe Ltd (T/A the Pine Store) [1998] UKEAT 260_98_3009 30 Sep 1998 EAT Employment [ Bailii ] Â Thompson v Secretary of State for Trade and Industry [1998] UKEAT 372_98_0110 1 Oct 1998 EAT Employment [ Bailii ] Â Moore v Zeneca Ltd [1998] UKEAT 741_98_0110 1 Oct 1998 EAT Employment [ Bailii ] Â Wilson v D'Avino and Another [1998] UKEAT 709_98_0110 1 Oct 1998 EAT Employment [ Bailii ] Â Mitre Plastics Ltd v Sullivan [1998] UKEAT 996_98_0110 1 Oct 1998 EAT Employment [ Bailii ] Â Mitre Foods Ltd v Leonard and others [1998] UKEAT 719_98_0110 1 Oct 1998 EAT Employment [ Bailii ] Â Mitel Semiconductor Ltd v Stimpson [1998] UKEAT 895_98_0110 1 Oct 1998 EAT Employment 1 Citers [ Bailii ] Â Mensah-Lartey v Surrey Heartlands NHS Trust [1998] UKEAT 930_98_0110 1 Oct 1998 EAT Employment [ Bailii ] Â Tesco Stores Ltd and Another v Wilson [1998] UKEAT 749_98_0110 1 Oct 1998 EAT Employment [ Bailii ] Â Thebe v Guys and St Thomas Hospital NHS Trust [1998] UKEAT 708_98_0110 1 Oct 1998 EAT Employment [ Bailii ] Â Sawyers v Birmingham City Council [1998] UKEAT 754_98_0110 1 Oct 1998 EAT Employment [ Bailii ] Â Reffin v Kingston Upon Hull City Council [1998] UKEAT 421_98_0110 1 Oct 1998 EAT Employment [ Bailii ] Â Marble Wood Ltd (T/A Cafe Fresh) v Mcdonald [1998] UKEAT 858_98_0110 1 Oct 1998 EAT Employment [ Bailii ] Â Tahir v Brian Smith Catering Plc [1998] UKEAT 805_98_0110 1 Oct 1998 EAT Employment [ Bailii ] Â Thornton (Receiver) v Johnson and Another [1998] UKEAT 616_98_0110 1 Oct 1998 EAT Employment [ Bailii ] Â Tri-Line Designs Ltd v Ramsden [1998] UKEAT 883_98_0110 1 Oct 1998 EAT Employment [ Bailii ] Â Tyrrell v Transport and General Workers Union [1998] UKEAT 743_98_0110 1 Oct 1998 EAT Employment 1 Citers [ Bailii ] Â Wallis v Braunstone and District Working Men'S Club [1998] UKEAT 980_98_0110 1 Oct 1998 EAT Employment [ Bailii ] Â William West and Sons (Ilkeston) Ltd v Fairgrieve and others [1998] UKEAT 701_98_0110 1 Oct 1998 EAT Employment [ Bailii ] Â Anya v University of Oxford and Another [1998] UKEAT 739_98_0110 1 Oct 1998 EAT Employment, Discrimination 1 Cites 1 Citers [ Bailii ] Â Walsh v Lynx Express Delivery Network [1998] UKEAT 752_98_0110 1 Oct 1998 EAT Employment [ Bailii ] Â London Borough of Southwark and others v Onifade [1998] UKEAT 729_98_0110 1 Oct 1998 EAT Employment [ Bailii ] Â West London Healthcare NHS Trust v Joseph [1998] UKEAT 864_98_0110 1 Oct 1998 EAT Employment [ Bailii ] Â Mason v North Kensington Amenity Trust [1998] UKEAT 662_98_0110 1 Oct 1998 EAT Employment [ Bailii ] Â Stockfield Manufacturing Co Ltd v Allen [1998] UKEAT 650_98_0110 1 Oct 1998 EAT Employment [ Bailii ] Â Sonico Boutiques Ltd v Pal [1998] UKEAT 744_98_0110 1 Oct 1998 EAT Employment [ Bailii ] Â Smith (T/A Wimbourne Pet Centre) v Tyler [1998] UKEAT 714_98_0110 1 Oct 1998 EAT Employment [ Bailii ] Â Sivanandan v London Borough of Enfield and others [1998] UKEAT 450_98_0110 1 Oct 1998 EAT Employment 1 Cites 1 Citers [ Bailii ] Â Sharp v Hermitage Dawson [1998] UKEAT 702_98_0110 1 Oct 1998 EAT Employment [ Bailii ] Â Secretary of State for Trade and Industry v Richards and others [1998] UKEAT 402_98_0110 1 Oct 1998 EAT Employment [ Bailii ] Â Stannack v Project North East [1998] UKEAT 621_98_0110 1 Oct 1998 EAT Employment [ Bailii ] Â Yates v Hannah Charles Jewellery (Leeds) Ltd [1998] UKEAT 678_98_0110 1 Oct 1998 EAT Employment [ Bailii ] Â Stewart and Another v Ebony Sistren Housing Association [1998] UKEAT 974_98_0110 1 Oct 1998 EAT Employment [ Bailii ] Â Salinger v Heidelberg Graphic Equipment Ltd [1998] UKEAT 779_98_0110 1 Oct 1998 EAT Employment [ Bailii ] Â Mortimer v Black Horse Agencies Ltd [1998] UKEAT 696_98_0110 1 Oct 1998 EAT Employment [ Bailii ] Â Roberts and Another v Parker [1998] UKEAT 767_98_0110 1 Oct 1998 EAT Employment [ Bailii ] Â Mouat v QE Catering Ltd [1998] UKEAT 722_98_0110 1 Oct 1998 EAT Employment [ Bailii ] Â Lynch and others v London General Transport Services Ltd [1998] UKEAT 912_98_0110 1 Oct 1998 EAT Employment [ Bailii ] Â Xerox (Uk) Ltd and others v Buchanan [1998] UKEAT 89_98_0110 1 Oct 1998 EAT Employment [ Bailii ] Â London Borough of Brent v Killick [1998] UKEAT 889_98_0110 1 Oct 1998 EAT Employment [ Bailii ] Â Pellowe v Pendragon Plc [1998] UKEAT 804_98_0110 1 Oct 1998 EAT Employment 1 Citers [ Bailii ] Â Woodhall v Greggs Plc (T/A the Bakers Oven) [1998] UKEAT 717_98_0110 1 Oct 1998 EAT Employment 1 Cites 1 Citers [ Bailii ] Â Oparah v Linnco Ltd (T/A 7 Eleven) [1998] UKEAT 968_98_0110 1 Oct 1998 EAT Employment [ Bailii ] Â Onifade v London Borough of Southwark and others [1998] UKEAT 730_98_0110 1 Oct 1998 EAT Employment [ Bailii ] Â New Century Industrial Services Ltd v Brooks [1998] UKEAT 734_98_0110 1 Oct 1998 EAT Employment [ Bailii ] Â Swift v Mansfield Shoe Group Plc [1998] UKEAT 693_98_0110 1 Oct 1998 EAT Employment [ Bailii ] Â Stanley Wattam Ltd v Rippin [1998] UKEAT 355_98_0110 1 Oct 1998 EAT Employment [ Bailii ] Â Sabar v Moroccan Enterprise and Training Centre [1998] UKEAT 433_98_0110 1 Oct 1998 EAT Employment 1 Cites 1 Citers [ Bailii ] Â Conney v Derwentside District Council [1998] UKEAT 882_98_0110 1 Oct 1998 EAT Employment [ Bailii ] Â Goss Graphic Systems Ltd v King [1998] UKEAT 64_98_0110 1 Oct 1998 EAT Employment [ Bailii ] Â Abdallah v Pace Microtechnology Plc [1998] UKEAT 742_98_0110 1 Oct 1998 EAT Employment [ Bailii ] Â Forbuoys Ltd v Newington [1998] UKEAT 724_98_0110 1 Oct 1998 EAT Employment [ Bailii ] Â Foley v Post Office [1998] UKEAT 863_98_0110 1 Oct 1998 EAT Employment 1 Citers [ Bailii ] Â Elliott v Elliott Metal Company Ltd [1998] UKEAT 986_98_0110 1 Oct 1998 EAT Employment [ Bailii ] Â Dv and Dt Player (T/A Linden Rest Home) v Jones and Another [1998] UKEAT 661_98_0110 1 Oct 1998 EAT Employment [ Bailii ] Â Davidson v Woolwich Plc and Another [1998] UKEAT 807_98_0110 1 Oct 1998 EAT Employment [ Bailii ] Â Dass v London Guildhall University [1998] UKEAT 664_98_0110 1 Oct 1998 EAT Employment 1 Citers [ Bailii ] Â Cumberbatch v Blue River Project [1998] UKEAT 727_98_0110 1 Oct 1998 EAT Employment [ Bailii ] Â Cross v Glendola Leisure Ltd [1998] UKEAT 731_98_0110 1 Oct 1998 EAT Employment [ Bailii ] Â Cromwell Hospital v Francis and Another [1998] UKEAT 654_98_0110 1 Oct 1998 EAT Employment [ Bailii ] Â Hambly v Rathbone Community Industry Ltd and Another [1998] UKEAT 746_98_0110 1 Oct 1998 EAT Employment [ Bailii ] Â Cook and others v Harold Nightingale [1998] UKEAT 740_98_0110 1 Oct 1998 EAT Employment [ Bailii ] Â Akhtar v Marks and Spencer Plc [1998] UKEAT 770_98_0110 1 Oct 1998 EAT Employment [ Bailii ] Â American Golf Discount Centre Ltd v Williams [1998] UKEAT 778_98_0110 1 Oct 1998 EAT Employment [ Bailii ] Â Bowring v Hazelvine Ltd [1998] UKEAT 640_98_0110 1 Oct 1998 EAT Employment [ Bailii ] Â Blow v Kelly Services (Uk) Ltd [1998] UKEAT 735_98_0110 1 Oct 1998 EAT Employment [ Bailii ] Â Bishop v Graham Group Ltd [1998] UKEAT 800_98_0110 1 Oct 1998 EAT Employment [ Bailii ] Â Bisaccia v GEC Alsthom T and D Protection and Control Ltd [1998] UKEAT 897_98_0110 1 Oct 1998 EAT Employment [ Bailii ] Â Berisha v Language Line Ltd [1998] UKEAT 747_98_0110 1 Oct 1998 EAT Employment [ Bailii ] Â Andrews v Department of Environment [1998] UKEAT 430_98_0110 1 Oct 1998 EAT Employment [ Bailii ] Â Bannister v Hunter (T/A Frank Nason and Co) [1998] UKEAT 738_98_0110 1 Oct 1998 EAT Employment [ Bailii ] Â Ball v Prudential Corporation Plc [1998] UKEAT 869_98_0110 1 Oct 1998 EAT Employment 1 Citers [ Bailii ] Â Answers Ltd (T/A Data Answers) v Williams [1998] UKEAT 845_98_0110 1 Oct 1998 EAT Employment [ Bailii ] Â Augustin v London Borough of Waltham Forest and others [1998] UKEAT 636_98_0110 1 Oct 1998 EAT Employment [ Bailii ] Â Corns v Whelley Labour Club, Committee and Trustees of [1998] UKEAT 681_98_0110 1 Oct 1998 EAT Employment [ Bailii ] Â Harrison v William Hill Organisation Ltd [1998] UKEAT 855_98_0110 1 Oct 1998 EAT Employment [ Bailii ] Â Lakareber v University of Portsmouth [1998] UKEAT 791_98_0110 1 Oct 1998 EAT Employment [ Bailii ] Â Harold v Wiltshire Health Care NHS Trust [1998] UKEAT 850_98_0110 1 Oct 1998 EAT Employment 1 Cites 1 Citers [ Bailii ] Â Ladd and Another v Loughlin [1998] UKEAT 757_98_0110 1 Oct 1998 EAT Employment [ Bailii ] Â Hirani v Dome Cosmetics Ltd [1998] UKEAT 73_98_0110 1 Oct 1998 EAT Employment [ Bailii ] Â Huntingdon Life Sciences Ltd v Kirby [1998] UKEAT 435_98_0110 1 Oct 1998 EAT Employment 1 Citers [ Bailii ] Â Intasean v Glenthorpe Engineering Co [1998] UKEAT 924_98_0110 1 Oct 1998 EAT Employment [ Bailii ] Â Jones v Ahmed Tuck's Service Station [1998] UKEAT 676_98_0110 1 Oct 1998 EAT Employment [ Bailii ] Â Ituke v London Co-Operative Training Ltd [1998] UKEAT 648_98_0110 1 Oct 1998 EAT Employment [ Bailii ] Â Hastings v Midland Bank Plc [1998] UKEAT 748_98_0110 1 Oct 1998 EAT Employment [ Bailii ] Â Harrison v Morgan [1998] UKEAT 703_98_0110 1 Oct 1998 EAT Employment [ Bailii ] Â Hitchcock v Vale Castings Ltd [1998] UKEAT 677_98_0110 1 Oct 1998 EAT Employment [ Bailii ] Â Harvey v Port of Tilbury London Ltd [1998] UKEAT 663_98_0110 1 Oct 1998 EAT Employment [ Bailii ] Â Hogan v Cambridgeshire County Council [1998] UKEAT 499_98_0110 1 Oct 1998 EAT Employment [ Bailii ] Â Macbride v London Borough of Hammersmith and Fulham and others [1998] UKEAT 187_98_0210 2 Oct 1998 EAT Employment [ Bailii ] Â Williams v Liverpool City Council [1998] UKEAT 1229_97_0210 2 Oct 1998 EAT Employment [ Bailii ] Â Tring (T/A Oakhurst Manor) v Watson [1998] UKEAT 1043_98_0210 2 Oct 1998 EAT Employment [ Bailii ] Â Nwauzu v Investors Compensation Scheme Ltd [1998] UKEAT 601_98_0210 2 Oct 1998 EAT Employment [ Bailii ] Â Bluestar Group v Reed [1998] UKEAT 596_98_0210 2 Oct 1998 EAT Employment [ Bailii ] Â Street v East Midlands Electricity Plc [1998] UKEAT 163_98_0510 5 Oct 1998 EAT Employment [ Bailii ] Â Singh v Leicester City Council and others [1998] UKEAT 833_98_0510 5 Oct 1998 EAT Employment [ Bailii ] Â King v Dorset County Council [1998] UKEAT 234_98_0510 5 Oct 1998 EAT Employment 1 Citers [ Bailii ] Â Vadehra v Linklaters and Paines and others [1998] UKEAT 291_98_0510 5 Oct 1998 EAT Employment [ Bailii ] Â Mcevoy v Razzaq and others [1998] UKEAT 1073_98_0610 6 Oct 1998 EAT Employment [ Bailii ] Â Mirza v Nipson Printing Systems (Uk) Ltd [1998] UKEAT 126_98_0610 6 Oct 1998 EAT Employment 1 Cites 1 Citers [ Bailii ] Â Gough v Beechwood Music Ltd [1998] UKEAT 813_98_0610 6 Oct 1998 EAT Employment [ Bailii ] Â Gough v Beechwood Music Ltd [1998] UKEAT 813_97_0610 6 Oct 1998 EAT Employment [ Bailii ] Â Ebling Feres Ltd v Reed [1998] UKEAT 810_98_0710 7 Oct 1998 EAT Employment [ Bailii ] Â Keegan v London Electricity Plc [1998] UKEAT 1102_98_0710 7 Oct 1998 EAT Employment [ Bailii ] Â Gill v Post Office [1998] UKEAT 815_98_0710 7 Oct 1998 EAT Employment [ Bailii ] Â Douglas v Ipel Ltd [1998] UKEAT 303_98_0810 8 Oct 1998 EAT Employment [ Bailii ] Â Castel v Dillons the Bookstore [1998] UKEAT 1221_98_0810 8 Oct 1998 EAT Employment [ Bailii ] Â Mason v Wirral Hospital NHS Trust [1998] UKEAT 870_97_0810 8 Oct 1998 EAT Employment [ Bailii ] Â Irfan v the Whittington Hospital NHS Trust and Another [1998] UKEAT 663_97_0910 9 Oct 1998 EAT Employment [ Bailii ] Â Â Sogbetun v Hackney London Borough Council; EAT 9-Oct-1998 - Times, 09 October 1998; Times, 28 October 1998 Â Ministry of Defence v Bloomfield-Evans [1998] UKEAT 1108_98_0910 9 Oct 1998 EAT Employment, Discrimination 1 Cites 1 Citers [ Bailii ] Â Nestle (UK) Ltd v Thacker [1998] UKEAT 279_98_1210 12 Oct 1998 EAT Employment [ Bailii ] Â Mallenash Ltd v Hussein [1998] UKEAT 837_97_1210 12 Oct 1998 EAT Employment [ Bailii ] Â Mundy v Rentokil Initial UK Ltd [1998] UKEAT 801_97_1210 12 Oct 1998 EAT Employment [ Bailii ] Â Akinpelu v St Peters Brewery [1998] UKEAT 1316_97_1210 12 Oct 1998 EAT Employment [ Bailii ] Â Nebraska Group of Companies Ltd v Walker [1998] UKEAT 239_98_1310 13 Oct 1998 EAT Employment [ Bailii ] Â University College London Hospital NHS Trust v Unison Times, 15 October 1998; Gazette, 28 October 1998; [1998] EWCA Civ 1528 13 Oct 1998 CA Employment A refusal by an employer to enter formal negotiations with a union, regarding terms which might be imposed by a new transferee employer where the identity of such new employees was not yet known, did not constitute a trade dispute allowing strike action and immunity. Trade Union and Labour Relations (Consolidation) Act 1992 244 [ Bailii ] Â Saunderson v The Body Shop and others [1998] UKEAT 816_98_1310 13 Oct 1998 EAT Employment [ Bailii ] Â Chapman v Surrey Heath Borough Council [1998] UKEAT 383_97_1310 13 Oct 1998 EAT Employment [ Bailii ] Â Laing v Department of Social Security [1998] UKEAT 754_97_1310 13 Oct 1998 EAT Employment [ Bailii ] Â Davis v City and Islington College [1998] UKEAT 288_98_1310 13 Oct 1998 EAT Employment [ Bailii ] Â Lewis v B and B Decorators [1998] UKEAT 1285_97_1310 13 Oct 1998 EAT Employment [ Bailii ] Â Kenny v Hampshire Constabulary [1998] UKEAT 267_98_1410 14 Oct 1998 EAT Employment [ Bailii ] Â Seasman and others v Mersey Docks and Harbour Company [1998] UKEAT 90_98_1410 14 Oct 1998 EAT Employment [ Bailii ] Â Leicester City Council and Another v Mcconnell [1998] UKEAT 820_98_1410 14 Oct 1998 EAT Employment [ Bailii ] Â Gill Dormer Wells Infant School v Gill [1998] UKEAT 545_98_1410 14 Oct 1998 EAT Employment [ Bailii ] Â Kaye v Greener and others [1998] UKEAT 853_98_1410 14 Oct 1998 EAT Employment [ Bailii ] Â Tayler v Pipefix Ltd [1998] UKEAT 147_98_1410 14 Oct 1998 EAT Employment 1 Cites [ Bailii ] Â Temple Grove School v Gorst [1998] UKEAT 592_97_1510 15 Oct 1998 EAT Employment [ Bailii ] Â P and O Cruises Ltd v Newby [1998] UKEAT 55_98_1510 15 Oct 1998 EAT Employment [ Bailii ] Â Majid v Employment Service [1998] UKEAT 133_97_1510 15 Oct 1998 EAT Employment [ Bailii ] Â Munde v Cambridge Consulting Engineers [1998] UKEAT 785_97_1510 15 Oct 1998 EAT Employment [ Bailii ] Â Â Storer v British Gas Plc; EAT 16-Oct-1998 - [1998] UKEAT 153_98_1610 Â Barnett v Mipac Ltd (In Receivership) and Another [1998] UKEAT 582_98_1610 16 Oct 1998 EAT Employment [ Bailii ] Â Turnbull v TSB Bank Scotland Plc [1998] ScotCS 31; 1999 SLT 1028 16 Oct 1998 SCS Lord Justice Clerk Employment [ Bailii ] Â Credit Suisse First Boston (Europe) Limited v Robert Lister Gazette, 18 November 1998; Times, 22 October 1998; Gazette, 11 November 1998; [1998] EWCA Civ 1551 16 Oct 1998 CA Employment The rights acquired by an employee in a transfer of undertaking were not capable of being waived by him, and remained exercisable against a transferee of an undertaking, despite the contents of any contract with the business purchaser. Transfer of Undertakings (Protection of Employment) Regulations 1981 (1981 No 1794) - Acquired Rights Directive 77/187/EEC [ Bailii ] Â Schranz v Schranz and Another [1998] UKEAT 246_98_1910 19 Oct 1998 EAT Employment [ Bailii ] Â Galley and others v Van Ommeren Tank Terminal (Purfleet) Ltd [1998] UKEAT 312_98_1910 19 Oct 1998 EAT Employment [ Bailii ] Â Â Noorani v Merseyside TEC Limited; CA 19-Oct-1998 - [1998] EWCA Civ 1567 Â Hicking v Basford Home Fashions (T/A Bonfab) [1998] UKEAT 1165_98_1910 19 Oct 1998 EAT Employment [ Bailii ] Â Gambles and Another v Sound Leisure Ltd [1998] UKEAT 75_97_2010 20 Oct 1998 EAT Employment [ Bailii ] Â Howie v Office Cleaning Services [1998] UKEAT 1138_97_2010 20 Oct 1998 EAT Employment [ Bailii ] Â Centre Parcs Ltd v Richardson [1998] UKEAT 1128_97_2110 21 Oct 1998 EAT Employment [ Bailii ] Â Â Goodwin v Patent Office; EAT 21-Oct-1998 - Times, 11 November 1998; [1998] UKEAT 57_98_2110; [1999] ICR 302; [1999] IRLR 4 Â Magna Housing Association Ltd v Turner and Another [1998] UKEAT 198_98_2110 21 Oct 1998 EAT Employment [ Bailii ] Â Williams v Home Office [1998] UKEAT 307_98_2210 22 Oct 1998 EAT Employment [ Bailii ] Â French v Susan D Woodall Solicitors [1998] UKEAT 226_98_2210 22 Oct 1998 EAT Employment [ Bailii ] Â Storr v Cleanaway Ltd [1998] UKEAT 851_98_2210 22 Oct 1998 EAT Employment [ Bailii ] Â Kenny v Hampshire Constabulary Times, 22 October 1998; Gazette, 11 November 1998 22 Oct 1998 EAT Employment, Discrimination The withdrawal of a job offer to a man with cerebral palsy was not disability discrimination, where it was because of the difficulty of making the arrangements necessary to put the applicant in a position to do the work as opposed to pure work related issues. Disability Discrimination Act 1995 6 Â Meme v Lloyds Bank Plc [1998] UKEAT 600_95_2210 22 Oct 1998 EAT Employment [ Bailii ] Â Baker v Lts Rail Ltd [1998] UKEAT 581_98_2210 22 Oct 1998 EAT Employment [ Bailii ] Â Gilbert v Interlink Express [1998] UKEAT 818_98_2310 23 Oct 1998 EAT Employment [ Bailii ] Â Â Bartholomew v London Borough of Hackney and Yeboah; CA 23-Oct-1998 - Gazette, 19 May 1999; [1998] EWCA Civ 1604; [1999] IRLR 246 Â Sterry v Trent Mail Order Co Plc [1998] UKEAT 977_97_2310 23 Oct 1998 EAT Employment [ Bailii ] Â Matthews v Surrey Advertiser Ltd [1998] UKEAT 1332_97_2610 26 Oct 1998 EAT Employment [ Bailii ] Â Pearce v Mayfield Secondary School [1998] UKEAT 947_97_2610 26 Oct 1998 EAT Employment, Discrimination "This is an appeal by Ms Shirley Pearce ['the applicant'] against a decision of a Chairman (Mr R H Trickey) sitting alone at the Southampton Industrial Tribunal on 4th June 1997, dismissing her complaint of sex discrimination brought against her former employer, the Governing Body of Mayfield Secondary School ['the respondent'] on the grounds that it was out of time and that it would not be just and equitable to extend time. Sex Discrimination Act 1975 s. 76(1) and (5). The Chairman's reserved decision with extended reasons was promulgated on 8th July 1997." 1 Citers [ Bailii ] Â Khan v Nynex Cablecomms Ltd [1998] UKEAT 1401_97_2610 26 Oct 1998 EAT Employment 1 Cites [ Bailii ] Â LRG (Enfield) Ltd (Amended By Order) v Smith [1998] UKEAT 344_97_2610 26 Oct 1998 EAT Employment [ Bailii ] Â Neural Net (Uk) Ltd v Virdee and Another [1998] UKEAT 613_98_2610 26 Oct 1998 EAT Employment [ Bailii ] Â Herndandez v Petmoor Developments Ltd [1998] UKEAT 1250_98_2810 28 Oct 1998 EAT Employment [ Bailii ] Â Wheen v Derbyshire Dales District Council and Another [1998] UKEAT 1323_97_2810 28 Oct 1998 EAT Employment [ Bailii ] Â Dr U Naqvi v M A Webster [1998] EWCA Civ 1636 29 Oct 1998 CA Employment [ Bailii ] Â Â Wilson and Others v St Helens Borough Council; Meade and Another v British Fuels Ltd; HL 29-Oct-1998 - Times, 30 October 1998; Gazette, 25 November 1998; [1998] UKHL 37; [1999] 2 AC 52; [1998] 4 All ER 609; [1998] 3 WLR 1070 Â Rickard v Roadferry Transport Ltd [1998] UKEAT 558_98_3010 30 Oct 1998 EAT Employment [ Bailii ] Â Rowe v J Sainsbury Plc [1998] UKEAT 846_98_0111 1 Nov 1998 EAT Employment [ Bailii ] Â Rosenblatt v University of North London [1998] UKEAT 890_98_0111 1 Nov 1998 EAT Employment [ Bailii ] Â Osinuga v K S Conquest Security Ltd [1998] UKEAT 946_98_0111 1 Nov 1998 EAT Employment [ Bailii ] Â Oco Mechanical Engineers Ltd v Bissett and others [1998] UKEAT 6_98_0111 1 Nov 1998 EAT Employment [ Bailii ] Â Neal v O'Hare [1998] UKEAT 933_98_0111 1 Nov 1998 EAT Employment [ Bailii ] Â Meyer v Adwest Steering Ltd [1998] UKEAT 808_98_0111 1 Nov 1998 EAT Employment [ Bailii ] Â Savalani v Financial Collection Agencies (Uk) Ltd [1998] UKEAT 998_98_0111 1 Nov 1998 EAT Employment [ Bailii ] Â Weymouth (Tt/A Sutton Mill Residential Home) v Crowley [1998] UKEAT 353_98_0111 1 Nov 1998 EAT Employment [ Bailii ] Â Mcmullen v Hayes Manor School [1998] UKEAT 424_98_0111 1 Nov 1998 EAT Employment [ Bailii ] Â Mcpherson v Jewish Care and Another [1998] UKEAT 874_98_0111 1 Nov 1998 EAT Employment [ Bailii ] Â Miller v Steels Engineering Ltd [1998] UKEAT 918_98_0111 1 Nov 1998 EAT Employment [ Bailii ] Â Sheenan v Post Office Counters Ltd [1998] UKEAT 417_98_0111 1 Nov 1998 EAT Employment [ Bailii ] Â Soudiere v The Capital Hotel (Knightsbridge) Ltd [1998] UKEAT 915_98_0111 1 Nov 1998 EAT Employment 1 Citers [ Bailii ] Â Stevens v Jpm International Ltd [1998] UKEAT 910_98_0111 1 Nov 1998 EAT Employment [ Bailii ] Â Thoburn v Eve Group Plc [1998] UKEAT 973_98_0111 1 Nov 1998 EAT Employment 1 Cites 1 Citers [ Bailii ] Â Thorp v Southern Electric Plc [1998] UKEAT 405_98_0111 1 Nov 1998 EAT Employment [ Bailii ] Â Tower Hamlets Consortium Ltd v Fisher [1998] UKEAT 97_98_0111 1 Nov 1998 EAT Employment [ Bailii ] Â Vhf Engineering Ltd v Evans [1998] UKEAT 427_98_0111 1 Nov 1998 EAT Employment [ Bailii ] Â Whitewater Leisure Management Ltd v Franklin and Another [1998] UKEAT 964_98_0111 1 Nov 1998 EAT Employment [ Bailii ] Â Williams-Key v Anite Systems Ltd [1998] UKEAT 942_98_0111 1 Nov 1998 EAT Employment [ Bailii ] Â Lubenko v Ray Alan Ltd [1998] UKEAT 914_98_0111 1 Nov 1998 EAT Employment [ Bailii ] Â Smyth v Sparkes and Another [1998] UKEAT 994_98_0111 1 Nov 1998 EAT Employment [ Bailii ] Â Vaux Breweries Ltd v Mcnaughton [1998] UKEAT 937_98_0111 1 Nov 1998 EAT Employment [ Bailii ] Â Loganathan v Samsung Electronics Research Institute [1998] UKEAT 832_98_0111 1 Nov 1998 EAT Employment [ Bailii ] Â Larkin v Korean Airlines Co Ltd [1998] UKEAT 962_98_0111 1 Nov 1998 EAT Employment [ Bailii ] Â Hoare v Clapham Community Project [1998] UKEAT 834_98_0111 1 Nov 1998 EAT Employment [ Bailii ] Â Bhatoolaul v Leyton Sixth Form College [1998] UKEAT 959_98_0111 1 Nov 1998 EAT Byrt QC J Employment The appellant challenged rejection of his claim for unfair dismissal and discrimination and breach of contract. He had been summarily dismissed from his position as teacher with the defendant school. He had gone to a teacher's Xmas drink in a pub instead of teaching his class. At a disciplinary hearing he had produced evidence which led to a warning, but the school then discovered that the evidence was false. At a further hearing into whether he had had procured the false evidence, the school declined to compel the witness to attend to give evidence, and the charge was found to be true and he was summarily dismissed. There had also been issues as to his capacity. Held: The appeal failed. In view of the concession that the witness even if called could not have supported the appellant's case, the tribunal's decision could not be attacked as wrong in law or for perversity. The tribunal had been correct to dismiss the complaint of discrimination since the appellant had failed to bring any evidence of a comparator. [ Bailii ] Â Cheeseman and others v R Brewer Contracts Ltd and others [1998] UKEAT 909_98_0111 1 Nov 1998 EAT Employment [ Bailii ] Â Joseph v Marshall and Another [1998] UKEAT 862_98_0111 1 Nov 1998 EAT Employment [ Bailii ] Â Dilmitis v Leicestershire County Council and Another [1998] UKEAT 825_98_0111 1 Nov 1998 EAT Employment [ Bailii ] Â Jedla v Procter and Gamble (Health and Beauty Care) [1998] UKEAT 838_98_0111 1 Nov 1998 EAT Employment 1 Cites 1 Citers [ Bailii ] Â Georgiou and others v Openhand Ltd and Another [1998] UKEAT 875_98_0111 1 Nov 1998 EAT Employment [ Bailii ] Â Kayode Sunday Toyinbo v Clydesdale Bank Plc [1998] UKEAT 999_98_0111 1 Nov 1998 EAT Employment [ Bailii ] Â Boamah and others v London Regional Transport and others [1998] UKEAT 971_98_0111 1 Nov 1998 EAT Employment [ Bailii ] Â Erhayiem v Trevena Blake and Associates [1998] UKEAT 865_98_0111 1 Nov 1998 EAT Employment [ Bailii ] Â Clooney v Eurowines (Southern) Ltd [1998] UKEAT 985_98_0111 1 Nov 1998 EAT Employment [ Bailii ] Â Environmental Products Ltd v Pegram [1998] UKEAT 859_98_0111 1 Nov 1998 EAT Employment [ Bailii ] Â London Borough of Hammersmith and Fulham v Ladejobi [1998] UKEAT 500_98_0111; [1999] ICR 637 1 Nov 1998 EAT Morison J Employment The tribunal was asked as to the date from which time started to run for the purposes of calculating the 42-day period within which an appeal should have been brought from a decision of an Employment Tribunal, if it was to be brought at all. Held: Morison J said that Section 7 of the Interpretation Act 1978 did not apply to Rule 3(2): "The argument presented by Mr Pullen on behalf of the Respondent is to the effect that if one looks at the EAT Rules, it is clear that the intention of those Rules is that the date from which time started to run was the date when the decision was promulgated, which is the date when it was sent to the parties. That is a date which is contemplated by Rule 10(5) . . He pointed out that the Industrial Tribunals are not courts of record and therefore the sending and promulgating of the decision is the equivalent date to the date when a court of record seals its Order which is the date from which time to appeal starts to run. Accordingly he says that the date when the document was sent to the parties is the equivalent of the sealed date or the date of the sealing of a High Court Order from which time starts to run, see Order 59, Rule 4, sub-rule 1, and secondly he says, in any event, that Section 7 of the Interpretation Act 1978 only applies to provisions in rules or statutes which are authorising or requiring documents to be served by post. It does not apply, he says, to the determination of the date from which time must be calculated for the purposes of the 42 day period. He draws attention to the fact that the Employment Appeal Tribunal's own Rules, Rule 35 reflect accurately the provisions of Section 7 of the Interpretation Act itself, that is where a party serves a document on the EAT by post, then it is deemed to have been delivered in the normal course of post in the absence of evidence to the contrary. So that Rule 3(2) is not a service provision. Rule 35 is the service provision to which Section 7 of the Interpretation Act would apply. It seems to me that both submissions made by Mr Pullen are correct. As I see the position, Section 7 of the Interpretation Act is concerned and concerned only with statutory provisions authorising or requiring the service of documents by post. The section makes reference to service by post, and the opening words of Section 7 are "Where an Act authorises or requires any document to be served by post…". Accordingly, I respectfully disagree with the passage in the judgment in Immigration Advisory Service v. Oommen to which I have referred. It seems to me that there is no support for the Judge considering that Section 7 applies to the calculation of the date from which time begins to run. As he said in the passage to which we have referred, the natural meaning of Section 7 is that it is dealing with service by a particular method, namely, posting and deeming documents to have been served where that method of service is adopted. That is the equivalent to Rule 35. It seems to me in those circumstances that there is no room for the application of Section 7 to the interpretation of Rule 3(2). Rule 3(2) is clear. It is the date when the document was sent to the appellant that time starts to run. Thus if Section 7 were capable of applying to Rule 3(2) it seems to me plain that a contrary intention does appear from the structure of the Rules. That is sufficient to dispose of the appeal. But it does seem to me, furthermore, that it is highly likely that the intention of Parliament, when providing for our rules and the intention of the Lord Chancellor when making them, was to equate the date of sending of the documents which was contemporaneous with the date of promulgation as equivalent to the date when a High Court Order is sealed. It seems to me in the circumstances that there is a contrary intention shown by the Rules." Employment Appeal Tribunal Rules 1993 3 - Interpretation Act 1978 7 1 Cites 1 Citers [ Bailii ] Â England v Dartford and Gravesham Mind [1998] UKEAT 997_98_0111 1 Nov 1998 EAT Employment [ Bailii ] Â Davidson v Ministry of Defence [1998] UKEAT 908_98_0111 1 Nov 1998 EAT Employment [ Bailii ] Â Aniedobe v London Borough of Hammersmith and Fulham [1998] UKEAT 481_98_0111 1 Nov 1998 EAT Employment [ Bailii ] Â Ellison v Governing Body of Northolt High School [1998] UKEAT 679_98_0111 1 Nov 1998 EAT Employment [ Bailii ] Â Day v T Pickles Farms Ltd [1998] UKEAT 369_98_0111 1 Nov 1998 EAT Employment [ Bailii ] Â Afolayan v Star Texaco Ltd and others [1998] UKEAT 888_98_0111 1 Nov 1998 EAT Employment [ Bailii ] Â Casanave-Laulive v British Airways Plc [1998] UKEAT 993_98_0111 1 Nov 1998 EAT Employment [ Bailii ] Â Crichton-Miller v Kroll Associates UK Ltd and Another [1998] UKEAT 835_98_0111 1 Nov 1998 EAT Employment [ Bailii ] Â Berjaya Vacation Club (Uk) Ltd v Oyeyemi [1998] UKEAT 1261_98_0211 2 Nov 1998 EAT Employment [ Bailii ] Â Lighting Maintenance Co Ltd v Heavey [1998] UKEAT 1260_98_0211 2 Nov 1998 EAT Employment [ Bailii ] Â Del Grosso v Tom Cobleigh Plc [1998] UKEAT 1040_97_0211 2 Nov 1998 EAT Employment [ Bailii ] Â R Reids Electrical Distribution Ltd v Coulson [1998] UKEAT 348_98_0311 3 Nov 1998 EAT Employment [ Bailii ] Â Grey and Another v London Borough of Southwark [1998] UKEAT 1064_98_0311 3 Nov 1998 EAT Employment [ Bailii ] Â Video Visuals Ltd v Pointing and Another [1998] UKEAT 1303_98_0311 3 Nov 1998 EAT Employment [ Bailii ] Â Holly Hill Sports and Social Club Ltd v Lucas [1998] UKEAT 1280_98_0411 4 Nov 1998 EAT Employment [ Bailii ] Â Bayton v Saurus General Engineers Ltd [1998] UKEAT 1002_98_0411 4 Nov 1998 EAT Employment [ Bailii ] Â Chambers v Cooper Stanley Employment Agency and Another [1998] UKEAT 1304_98_0511 5 Nov 1998 EAT Employment [ Bailii ] Â Humphreys v Rowlands and Another [1998] UKEAT 174_98_0511 5 Nov 1998 EAT Employment 1 Cites [ Bailii ] Â Kitcher v Acas [1998] UKEAT 928_97_0511 5 Nov 1998 EAT Employment [ Bailii ] Â Lawrence and others v Regent Office Care Ltd and others [1998] UKEAT 676_97_0511 5 Nov 1998 EAT Employment, Discrimination 1 Citers [ Bailii ] Â Fernandez v London Borough of Brent [1998] UKEAT 844_98_0911 9 Nov 1998 EAT Employment [ Bailii ] Â Stonham Housing Association Ltd v Short [1998] UKEAT 328_98_0911 9 Nov 1998 EAT Employment [ Bailii ] Â Gill v Whitbread Plc [1998] UKEAT 183_98_0911 9 Nov 1998 EAT Employment [ Bailii ] Â Rowe v Girovend Cashless Systems Plc and Another [1998] UKEAT 278_98_1011 10 Nov 1998 EAT Employment [ Bailii ] Â TFS Enterprises (Midland) Ltd v Garamszegi [1998] UKEAT 1046_98_1011 10 Nov 1998 EAT Employment [ Bailii ] Â Gandhum v Hill and Another [1998] UKEAT 1044_98_1011 10 Nov 1998 EAT Employment [ Bailii ] Â Hogan v Cambridgeshire County Council [1998] EWCA Civ 1755 12 Nov 1998 CA Employment Appeal against refusal of EAT to allow extension of time to appeal. [ Bailii ] Â Jawhary v Ibca Ltd [1998] UKEAT 1053_98_1211 12 Nov 1998 EAT Employment [ Bailii ] Â Post Office v Kalam [1998] UKEAT 285_98_1211 12 Nov 1998 EAT Employment 1 Cites [ Bailii ] Â Sikpi v Catford Centre for Unemployed and others [1998] UKEAT 1106_98_1311 13 Nov 1998 EAT Employment [ Bailii ] Â Graves v Manchester City Council [1998] UKEAT 1160_97_1311 13 Nov 1998 EAT Employment [ Bailii ] Â Peterborough Regional College v Gidney [1998] UKEAT 1270_97_1311 13 Nov 1998 EAT Employment [ Bailii ] Â Hoddy v Pickworth and others [1998] UKEAT 235_98_1311 13 Nov 1998 EAT Employment [ Bailii ] Â Whichford International Ltd v Perry [1998] UKEAT 693_97_1311 13 Nov 1998 EAT Employment [ Bailii ] Â Humayun v Greenwich Citizen Advocacy and others [1998] UKEAT 188_98_1311 13 Nov 1998 EAT Employment [ Bailii ] Â Cwmorthin Slate Quarry 1994 Co Ltd v Davies [1998] UKEAT 1055_98_1311 13 Nov 1998 EAT Employment [ Bailii ] Â Cerberus Software Ltd v Rowley [1998] UKEAT 1023_98_1711 17 Nov 1998 EAT Employment 1 Citers [ Bailii ] Â Orange Personal Communications Services Ltd v Firth [1998] UKEAT 347_98_1811 18 Nov 1998 EAT Employment 1 Cites [ Bailii ] Â Executive Group Ltd v Bailey [1998] UKEAT 1012_98_1811 18 Nov 1998 EAT Employment [ Bailii ] Â Porter v Desklink Ltd (T/a Victoria Office Furniture) [1998] EWCA Civ 1802 19 Nov 1998 CA Morritt LJ, Waller LJ Employment The claimant sought leave to appeal out of time against rejection by the EAT of his claims for unfair dismissal and race discrimination. Held. The claimant would have to show some error of law by the EAT chairman. He had not done so. Nor was there a proper reason for extending the time for the appeal. Leave was refused. 1 Cites [ Bailii ] Â Rowlands v Johnson Cleaners UK Ltd [1998] UKEAT 1060_98_1911 19 Nov 1998 EAT Employment [ Bailii ] Â Lambert v Croydon College [1999] ICR 409; [1998] UKEAT 1247_96_1911; [1999] IRLR 246 19 Nov 1998 EAT Judge Peter Clark Employment Crank was rightly decided, notwithstanding a fresh argument that it offended against section 203 by in effect sanctioning contracting out of the Act. 1 Cites 1 Citers [ Bailii ] Â Buxton v Equinox Design Ltd Times, 03 December 1998; Gazette, 06 May 1999; [1999] IRLR 158; [1998] UKEAT 337_98_1911; [1999] ICR 269 19 Nov 1998 EAT Morison J Discrimination, Employment Where a tribunal had found unfair dismissal and was considering an award of damages for injury to feelings under the Disability Discrimination Act, it had to recognise the different needs of unlimited awards, and take great care in assessing factual materials. Morison J said: "What one might describe as the relatively brief and informal hearing on remedy appropriate in unfair dismissal cases may not be appropriate where the compensation is uncapped. In the former category of case, the judgment and experience of the lay members may be especially important in relation to the state of the job market in their locality and the potentiality for the applicant obtaining new employment, and thus, the tribunal may not be assisted by much, if any, evidence. But where the case involves unlimited compensation, it will often be the case that the remedies hearing should involve the parties in careful preparation under the management of the tribunal. For this purpose, directions may be required involving, amongst other things, an exchange of statements of case and any witness statements." Disability Discrimination Act 1995 1 Cites 1 Citers [ Bailii ] Â Kapadia v London Borough of Lambeth [1998] UKEAT 1004_98_1911 19 Nov 1998 EAT Morison J P Employment, Discrimination The Tribunal lifted the stay of the claimant's claim of disability discrimination. Disability Discrimination Act 1995 1 Citers [ Bailii ] Â Mcdade v Masons (A Firm) [1998] UKEAT 1065_97_2011 20 Nov 1998 EAT Employment [ Bailii ] Â Mulholland v Skeetes Pop Inn [1998] UKEAT 583_98_2011 20 Nov 1998 EAT Employment [ Bailii ] Â Drake and Another (T/A Procuts, A Partnership) v Lowes [1998] UKEAT 540_98_2011 20 Nov 1998 EAT Employment [ Bailii ] Â Williams v Inspector of Taxes and others [1998] UKEAT 811_97_2011 20 Nov 1998 EAT Employment [ Bailii ] Â Howe v Davey Homes Ltd [1998] UKEAT 1096_98_2011 20 Nov 1998 EAT Employment [ Bailii ] Â Lardier v British Gas Research and Technology Plc [1998] UKEAT 247_98_2011 20 Nov 1998 EAT Employment 1 Cites 1 Citers [ Bailii ] Â Ojobaro v London Borough of Hackney [1998] UKEAT 1192_97_2011 20 Nov 1998 EAT Employment [ Bailii ] Â Mcguigan v T G Baynes and Sons [1998] UKEAT 1114_97_2411 24 Nov 1998 EAT Employment [ Bailii ] Â Shortland v Carlson Wagonlit Travel [1998] UKEAT 1001_98_2511 25 Nov 1998 EAT Employment [ Bailii ] Â Migrant Advisory Service v Gill [1998] UKEAT 1013_98_2511 25 Nov 1998 EAT Employment [ Bailii ] Â A Adeboye v T Eagle t/a Mcdonalds Restaurant [1998] EWCA Civ 1834 25 Nov 1998 CA Employment [ Bailii ] Â Ursula Riniker v University College London [1998] EWCA Civ 1845 25 Nov 1998 CA Employment 1 Cites 1 Citers [ Bailii ] Â London Borough of Havering v Turner [1998] UKEAT 521_98_2511 25 Nov 1998 EAT Employment [ Bailii ] Â London Borough of Lewisham v Candy and others [1998] UKEAT 1367_97_2611 26 Nov 1998 EAT Employment [ Bailii ] Â Nakatani v Japanese School Ltd [1998] UKEAT 391_97_2611 26 Nov 1998 EAT Employment 1 Citers [ Bailii ] Â Mary Keane v Powell Spencer and Partners [1998] EWCA Civ 1855 26 Nov 1998 CA Employment [ Bailii ] Â London Borough of Southwark v Johnstone and others [1998] UKEAT 641_97_2611 26 Nov 1998 EAT Employment 1 Cites [ Bailii ] Â Candecca Resources Ltd v Bishop [1998] UKEAT 1083_98_2711 27 Nov 1998 EAT Employment [ Bailii ] Â Craw v Caradon Everest Ltd [1998] UKEAT 1104_98_2711 27 Nov 1998 EAT Employment [ Bailii ] Â Abbey National Plc v Formoso [1998] UKEAT 1162_97_2711 27 Nov 1998 EAT Employment [ Bailii ] Â Ong v Co-Operative Retail Services Ltd [1998] UKEAT 1103_98_2711 27 Nov 1998 EAT Employment [ Bailii ] Â Taplin v London Borough of Tower Hamlets [1998] UKEAT 824_98_2711 27 Nov 1998 EAT Employment 1 Citers [ Bailii ] Â Fenwick v Camden and Islington Health Authority [1998] UKEAT 1335_97_2711 27 Nov 1998 EAT Employment [ Bailii ] Â Madden v Midland Bank Plc [1998] UKEAT 1107_98_2711 27 Nov 1998 EAT Employment The claimant said that his employer's investigation of the disciplinary allegation was inadequate and should not have been used as a basis for his dismissal. 1 Citers [ Bailii ] Â M Lassman and others v Secretary of State for Trade and Industry and Another [1998] UKEAT 167_97_2711 27 Nov 1998 EAT Employment The appellants challenged the calculation of their length of service as decided by the tribunal which calculation then governed the calculation of their redundancy payments payable by the respondents on the insolvency of their former employer. 1 Citers [ Bailii ] Â Mckay v Dorset Community NHS Trust [1998] UKEAT 1398_97_2711 27 Nov 1998 EAT Employment [ Bailii ] Â PPP/Columbia Healthcare Ltd v Soyoye and others [1998] UKEAT 1057_98_2711 27 Nov 1998 EAT Employment [ Bailii ] Â Harman v Methodist Homes for the Aged [1998] UKEAT 1278_98_3011 30 Nov 1998 EAT Employment [ Bailii ] Â Barrow v Thameslink Healthcare Services NHS Trust [1998] UKEAT 1232_98_3011 30 Nov 1998 EAT Employment [ Bailii ] Â Martin v Sunley World of Golf (Bridlington) Ltd (T/A Playgolf Bridlington Links) [1998] UKEAT 1254_98_3011 30 Nov 1998 EAT Employment [ Bailii ] Â OCS Group Ltd v Robinson [1998] UKEAT 1085_98_3011 30 Nov 1998 EAT Employment [ Bailii ] Â Ahmed Arboshe v East London Bus and Coach Company Ltd [1998] UKEAT 877_98_0112 1 Dec 1998 EAT Employment [ Bailii ] Â Basra v Air Canada and Another [1998] UKEAT 621_98_0112 1 Dec 1998 EAT Employment [ Bailii ] Â Barlow (T/A the Farm Shop Baycliffe) v Grant [1998] UKEAT 926_98_0112 1 Dec 1998 EAT Employment [ Bailii ] Â Sugar Ray's Wine Bar v Richmond [1998] UKEAT 976_98_0112 1 Dec 1998 EAT Employment [ Bailii ] Â Bellago Enterprises Ltd (T/A Domino's Pizza) v Baggott and Another [1998] UKEAT 961_98_0112 1 Dec 1998 EAT Employment [ Bailii ] Â Blackwood v Phillips and Another [1998] UKEAT 1135_97_0112 1 Dec 1998 EAT Employment 1 Cites 1 Citers [ Bailii ] Â Abbey National Plc v Donnelly [1998] UKEAT 492_98_0112 1 Dec 1998 EAT Employment [ Bailii ] Â Lambrook Haileybury School v Gould [1998] UKEAT 1240_98_0112 1 Dec 1998 EAT Employment 1 Citers [ Bailii ] Â Clayton v Badger Inns Ltd [1998] UKEAT 373_98_0112 1 Dec 1998 EAT Employment [ Bailii ] Â Kingston Upon Hull City Council v Mountain [1998] UKEAT 756_98_0112 1 Dec 1998 EAT Employment [ Bailii ] Â Kingdom of Leather Ltd v Da Silva [1998] UKEAT 1194_98_0112 1 Dec 1998 EAT Employment [ Bailii ] Â Jewkes v Valli (Westway Service Station) [1998] UKEAT 945_98_0112 1 Dec 1998 EAT Employment [ Bailii ] Â Jocrow Steel Ltd and Another v Ravenscroft [1998] UKEAT 777_98_0112 1 Dec 1998 EAT Employment [ Bailii ] Â Scott v Lowe [1998] UKEAT 780_98_0112 1 Dec 1998 EAT Employment [ Bailii ] Â Gibbons Contractors Ltd v Worth [1998] UKEAT 934_98_0112 1 Dec 1998 EAT Employment [ Bailii ] Â Fraser the Crown and Cushion Hotel v Kirton [1998] UKEAT 906_98_0112 1 Dec 1998 EAT Employment [ Bailii ] Â Fraher v London Borough of Barnet [1998] UKEAT 374_98_0112 1 Dec 1998 EAT Employment [ Bailii ] Â H Gilmore v Hugh Gilmore and Assocs Ltd and Another [1998] UKEAT 953_98_0112 1 Dec 1998 EAT Employment [ Bailii ] Â the Prudential Assurance Co Ltd v Harding [1998] UKEAT 1030_98_0112 1 Dec 1998 EAT Employment [ Bailii ] Â Philford Design Engineers Ltd v Astill [1998] UKEAT 593_98_0112 1 Dec 1998 EAT Employment [ Bailii ] Â Salvesen Logistics Ltd v Tate [1998] UKEAT 689_98_0112 1 Dec 1998 EAT Employment [ Bailii ] Â Philford Design Engineers Ltd v Astill [1998] UKEAT 1019_98_0112 1 Dec 1998 EAT Employment [ Bailii ] Â Peplow v Cooper Nimmo (A Firm) [1998] UKEAT 978_98_0112 1 Dec 1998 EAT Employment 1 Citers [ Bailii ] Â Henry v Foreign and Commonwealth Office [1998] UKEAT 397_98_0112 1 Dec 1998 EAT Employment 1 Cites [ Bailii ] Â Olusanya v National Union of Teachers [1998] UKEAT 977_98_0112 1 Dec 1998 EAT Employment [ Bailii ] Â Myers v T and S Stores Plc [1998] UKEAT 995_98_0112 1 Dec 1998 EAT Employment 1 Cites [ Bailii ] Â Roberts v Warrington Borough Council [1998] UKEAT 497_98_0112 1 Dec 1998 EAT Employment 1 Cites [ Bailii ] Â Howden v Searle and Twigg (T/A Searle Catering) [1998] UKEAT 478_98_0112 1 Dec 1998 EAT Employment [ Bailii ] Â Merlyn Holdings Ltd v Jones [1998] UKEAT 746_98_0112 1 Dec 1998 EAT Employment [ Bailii ] Â Maidment v European Commission [1998] UKEAT 503_98_0112 1 Dec 1998 EAT Employment [ Bailii ] Â Douglas v Ipel Ltd [1998] UKEAT 871_98_0112 1 Dec 1998 EAT Employment [ Bailii ] Â London Swimming Pool Ltd v Garner [1998] UKEAT 380_98_0112 1 Dec 1998 EAT Employment [ Bailii ] Â Igw Group v Prince [1998] UKEAT 940_98_0112 1 Dec 1998 EAT Employment [ Bailii ] Â Dawood v Roseveare and Another [1998] UKEAT 658_98_0112 1 Dec 1998 EAT Employment [ Bailii ] Â Smock (T/A Coniston Coach Hire) v Wilson [1998] UKEAT 426_98_0112 1 Dec 1998 EAT Employment 1 Cites [ Bailii ] Â London Borough of Croydon v Kuttappan [1998] UKEAT 1292_98_0212 2 Dec 1998 EAT Employment [ Bailii ] Â West Kent College v Richardson [1998] UKEAT 905_97_0212 2 Dec 1998 EAT Employment [ Bailii ] Â Virdi v Commissioner of Police of Metropolis [1998] UKEAT 1234_98_0212 2 Dec 1998 EAT Morison P J Employment, Discrimination Appeal against the decision of an Industrial Tribunal effectively to stay the Applicant's complaint. The claimant police officer complained of racial abuse from fellow officers. The stay had been pending completion of criminal proceedings against the claimant. Held: The chairman had acted within the range of his discretion. However the first date available should be fixed to set a hearing date. [ Bailii ] Â London Borough of Haringay v Reynolds [1998] UKEAT 1070_98_0212 2 Dec 1998 EAT Employment [ Bailii ] Â Nobbs v Cam Systems Ltd [1998] UKEAT 849_98_0212 2 Dec 1998 EAT Employment [ Bailii ] Â Jackson v Hartwell Bath [1998] UKEAT 514_96_0212 2 Dec 1998 EAT Employment [ Bailii ] Â Chikhi v Dovercourt Motors Ltd [1998] UKEAT 1071_98_0212 2 Dec 1998 EAT Employment [ Bailii ] Â Bari v London Borough of Waltham Forest [1998] UKEAT 836_98_0212 2 Dec 1998 EAT Employment [ Bailii ] Â Hitchman v Harrison Drape (Division of Mckechnie UK Ltd) [1998] UKEAT 574_98_0312 3 Dec 1998 EAT Employment [ Bailii ] Â Aziz v Bethnal Green City Challenge Co Ltd [1998] UKEAT 567_98_0312 3 Dec 1998 EAT Morison P Employment 1 Citers [ Bailii ] Â Apelogun-Gabriels v London Borough of Lambeth [1998] UKEAT 824_98_0312 3 Dec 1998 EAT Employment 1 Citers [ Bailii ] Â A v B [1998] UKEAT 518_98_0312 3 Dec 1998 EAT Employment, Discrimination The respondent appealed against an order allowing a sex discrimination claim appeal to go ahead though lodged out of time. Sex Discrimination Act 1975 7695) [ Bailii ] Â Relaxion Group Ltd v Oliver [1998] UKEAT 1262_98_0412 4 Dec 1998 EAT Employment [ Bailii ] Â Jamaica Taverns Ltd v Spratt and Another [1998] UKEAT 1042_98_0412 4 Dec 1998 EAT Employment [ Bailii ] Â Â Johnson v Unisys Limited; CA 4-Dec-1998 - Gazette, 31 March 1999; [1998] EWCA Civ 1913; (1999) IRLR 90 Â During v Waltham Forest Energy Services Ltd [1998] UKEAT 1145_98_0412 4 Dec 1998 EAT Employment [ Bailii ] Â Rutherford v Henderson [1998] UKEAT 844_97_0412 4 Dec 1998 EAT Employment [ Bailii ] Â Oyo v Parkside Health NHS Trust [1998] UKEAT 554_98_0412 4 Dec 1998 EAT Employment [ Bailii ] Â Benyon and others v Scadden and others [1998] UKEAT 1269_97_0412 4 Dec 1998 EAT Employment 1 Citers [ Bailii ] Â Selley v Robert Bosch Ltd [1998] UKEAT 1027_98_0712 7 Dec 1998 EAT Employment [ Bailii ] Â A v B [1998] UKEAT 1040_98_0712 7 Dec 1998 EAT Altman J Employment, Discrimination The respondent challenged the appeal saying that no reasonably arguable point of law arose. The applicant said that a complaint had been made to the police, but that his employer had made no enquiries of them, and that had they done so they would have responded differently on her complaint. The employer had acted on being told of the complaint but not when he had been acquitted. The claimant had not brought this evidence to the tribunal. The tribunal had not either pursued the matter. Held: The appeal failed. The tribunal would assist a litigant in person, but the claimant's failure to present a piece of evidence could not amount to an error of law by the tribunal. [ Bailii ] Â Ajikawo v Oki [1998] UKEAT 1010_98_0712 7 Dec 1998 EAT Employment [ Bailii ] Â Gettings v United Care Group Ltd [1998] UKEAT 503_97_0812 8 Dec 1998 EAT Employment [ Bailii ] Â Rey v Post Office [1998] UKEAT 567_98_0812 8 Dec 1998 EAT Employment [ Bailii ] Â IPC Magazines Ltd v Ebner [1998] UKEAT 336_98_0812 8 Dec 1998 EAT Employment [ Bailii ] Â Tasker v Projectplan Ltd [1998] UKEAT 1275_98_0812 8 Dec 1998 EAT Employment [ Bailii ] Â Green v P and O North Sea Ferries [1998] UKEAT 1269_97_1012 10 Dec 1998 EAT Employment [ Bailii ] Â Kenny v Merseyside Fire and Civil Defence Authority [1998] UKEAT 1264_98_1012 10 Dec 1998 EAT Employment [ Bailii ] Â Khan v London Central Mosque Trust [1998] UKEAT 1268_98_1012 10 Dec 1998 EAT Employment [ Bailii ] Â Spinner v HM Bennett (1971) Ltd [1998] UKEAT 1256_97_1012 10 Dec 1998 EAT Employment [ Bailii ] Â Hobourn Automotive Ltd v Hill and others [1998] UKEAT 1305_98_1012 10 Dec 1998 EAT Employment [ Bailii ] Â Taylor and others v John Webster Buildings Civil Engineering [1998] UKEAT 1097_97_1012 10 Dec 1998 EAT Employment [ Bailii ] Â A R Khan v London Central Mosque Trust, Extreme Security Services Ltd EAT/1268/98 10 Dec 1998 EAT The Honourable Mr Justice Morison (President) Employment EAT Unfair Dismissal - Procedural Fairness Â Small Lots (Mix-It) Ltd v MacFarlane [1998] UKEAT 1256_98_1012 10 Dec 1998 EAT Employment 1 Cites [ Bailii ] Â Weathersfield Ltd (T/a Van and Truck Rentals) v Sargent Times, 31 December 1998; Gazette, 03 February 1999; [1998] EWCA Civ 1938; [1999] ICR 425; [1999] IRLR 94; [1999] Disc LR 290 10 Dec 1998 CA Pill LJ, Swinton Thomas LJ and Beldam LJ Employment, Discrimination The employer, a vehicle hire operator, explained to the Claimant employee following her appointment as a receptionist their policy that if she received an enquiry from any coloured or Asians, judging by their voices, she was to tell them that there were no vehicles available. Upset by that policy she promptly resigned, and later claimed constructive dismissal. Held: The employer's appeal failed. An employee leaving without stating the reason for his dismissal need not always be debarred from claiming constructive dismissal, though the acceptance of repudiation should normally be communicated. Racial Discrimination isn't solely directed at complainant. The applicant who had been dismissed for refusing to implement a racially discriminatory trading policy had been discriminated against on racial grounds. Pill LJ said: the words on “racial grounds” were to be broadly construed; and it was “justified and appropriate” to give a broad meaning to the expression racial grounds. Swinton Thomas LJ thought that there was value in the respondent’s submission that s1(1)(a) might have been intended to be limited to the race of the complainant, but then rejected that proposition, and accepted the Showboat principle of the broad construction of “racial grounds”: “I do not think that it is helpful in a case such as this to try and ascertain the intention of a draftsman of the Act, or the intention of Parliament, because it seems to me to be unlikely that the circumstances that arise in this case were considered either by the draftsman or by Parliament. In my judgment it is more helpful to focus on the intention underlining the Act itself and the words used. The intent of the Act is to deter racial discrimination…” Race Relations Act 1976 1 Cites 1 Citers [ Bailii ] Â Francisco Hernandez Vidal SA v Perez, and Contratas y Limpiezas SL; Gomez Montana v Claro Sol SA and Red Nacional de Ferrocarriles Espanoles (Renfe) C-127/96; [1999] IRLR 132; C-229/96; C-74/97; [1998] EUECJ C-127/96; [1998] EUECJ C-229/96; [1998] EUECJ C-74/97 10 Dec 1998 ECJ European, Employment Europa Article 1(1) of Directive 77/187 on the approximation of the laws of the Member States relating to the safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of businesses is to be interpreted as meaning that the Directive applies to a situation in which an undertaking which used to entrust the cleaning of its premises to another undertaking decides to terminate its contract with that other undertaking and in future to carry out the cleaning work itself, provided that the operation is accompanied by the transfer of an economic entity between the two undertakings. The term `economic entity' refers to an organised grouping of persons and assets enabling an economic activity which pursues a specific objective to be exercised. The mere fact that the maintenance work carried out first by the cleaning firm and then by the undertaking owning the premises is similar does not justify the conclusion that a transfer of such an entity has occurred. 1 Citers [ Bailii ] - [ Bailii ] - [ Bailii ] Â Weigel and Another v Brown [1998] UKEAT 211_98_1012 10 Dec 1998 EAT Employment 1 Cites [ Bailii ] Â A R Khan v London Central Mosque Trust, Extreme Security Services Ltd EAT/1268/98 10 Dec 1998 EAT The Honourable Mr Justice Morison (President) Employment EAT Unfair Dismissal - Procedural fairness/automatically unfair dismissal. [ EATn ] Â Heinz Company Ltd v Kenrick [1998] UKEAT 1082_98_1012 10 Dec 1998 EAT Employment, Discrimination 1 Citers [ Bailii ] Â Executive Cleaning Services Plc v Ross [1998] UKEAT 56_98_1112 11 Dec 1998 EAT Employment 1 Cites [ Bailii ] Â Azunda v Heritage Care [1998] UKEAT 1283_98_1112 11 Dec 1998 EAT Employment [ Bailii ] Â Hammond v Sir John Fitzgerald Ltd [1998] UKEAT 1033_98_1112 11 Dec 1998 EAT Employment [ Bailii ] Â Pennington v Scarborough and N E Yorks Healthcare Trust [1998] UKEAT 1038_98_1112 11 Dec 1998 EAT Employment [ Bailii ] Â Ali v Best Knitwear Ltd [1998] UKEAT 1006_98_1112 11 Dec 1998 EAT Employment [ Bailii ] Â Luan v Goldhawk Systems Ltd [1998] UKEAT 1009_98_1112 11 Dec 1998 EAT Employment [ Bailii ] Â Harvey Publications Ltd v Beautridge [1998] UKEAT 1321_98_1112 11 Dec 1998 EAT Employment [ Bailii ] Â De Souza v Shadowgrade Developments Ltd [1998] UKEAT 1152_98_1212 12 Dec 1998 EAT Employment [ Bailii ] Â Valent v Titan Travel Ltd [1998] UKEAT 1039_98_1412 14 Dec 1998 EAT Employment [ Bailii ] Â Winstanley v Sermatech Repair Services Ltd and Another [1998] UKEAT 1309_98_1412 14 Dec 1998 EAT Employment [ Bailii ] Â Focsa Services (UK) Ltd v White and Another [1998] UKEAT 1186_98_1412 14 Dec 1998 EAT Employment [ Bailii ] Â John Fredericks Plastics Ltd v Land [1998] UKEAT 1143_98_1412 14 Dec 1998 EAT Employment [ Bailii ] Â Daniel v Homerton Hospital Trust [1998] UKEAT 569_98_1412 14 Dec 1998 EAT Employment 1 Cites 1 Citers [ Bailii ] Â Kingstonian Football Club Ltd v Cummins [1998] UKEAT 1130_98_1512 15 Dec 1998 EAT Employment [ Bailii ] Â Lundy and Another v Gpmu and others [1998] UKEAT 1337_98_1512 15 Dec 1998 EAT Employment [ Bailii ] Â Green v Wellcare Nursing Homes Ltd [1998] UKEAT 1131_98_1512 15 Dec 1998 EAT Employment [ Bailii ] Â Tesco Stores Ltd v Abery [1998] UKEAT 556_98_1512 15 Dec 1998 EAT Employment [ Bailii ] Â Finelist Group Plc v Long [1998] UKEAT 1158_97_1512 15 Dec 1998 EAT Employment [ Bailii ] Â Badamchi-Zadeh v Shepherd Construction Ltd [1998] UKEAT 33_97_1612 16 Dec 1998 EAT Employment 1 Cites 1 Citers [ Bailii ] Â Willis v Merseyside Police Authority and others [1998] UKEAT 1136_98_1612 16 Dec 1998 EAT Employment [ Bailii ] Â Pidcock v St Matthias School [1998] UKEAT 655_98_1712 17 Dec 1998 EAT Employment [ Bailii ] Â Kuttapan v London Borough of Croydon and others [1998] UKEAT 268_98_1712; [1999] IRLR 349 17 Dec 1998 EAT Employment 1 Citers [ Bailii ] Â McDonald v Pro Delta Systems Ltd [1998] UKEAT 1326_98_1712 17 Dec 1998 EAT Employment [ Bailii ] Â Williams v Southside Partnership [1998] UKEAT 829_98_1712 17 Dec 1998 EAT Employment [ Bailii ] Â Higgins v Home Counties Newspapers Holdings Plc [1998] UKEAT 1048_97_1712 17 Dec 1998 EAT Employment [ Bailii ] Â Anderson and others v City of Sunderland Council [1998] UKEAT 1255_98_1712 17 Dec 1998 EAT Employment [ Bailii ] Â Harness v BUPA Care Services [1998] UKEAT 1491_98_1712 17 Dec 1998 EAT Employment [ Bailii ] Â Pillay v Eurostar (Uk) Ltd [1998] UKEAT 1492_98_1712 17 Dec 1998 EAT Employment [ Bailii ] Â Post Office v Clarke [1998] UKEAT 860_97_1712 17 Dec 1998 EAT Employment [ Bailii ] Â British Airways Plc v Marshall [1998] UKEAT 441_98_1712 17 Dec 1998 EAT Employment [ Bailii ] Â Sharma and Another v Liverpool City Council [1998] UKEAT 1263_98_1712 17 Dec 1998 EAT Employment 1 Citers [ Bailii ] Â Sita (GB) Ltd v Kerr [1998] UKEAT 316_98_1712 17 Dec 1998 EAT Employment [ Bailii ] Â Our Lady of Lourdes School and others v Webster and Another [1998] UKEAT 1296_98_1712 17 Dec 1998 EAT Employment [ Bailii ] Â Â Halfpenny v IGE Medical Systems Ltd; CA 18-Dec-1998 - Times, 04 January 1999; Gazette, 03 February 1999; Gazette, 06 May 1999; [1999] ICR 834; (1999) IRLR 177; [1998] EWCA Civ 3537; [1999] 1 FLR 944; [1999] Disc LR 265; (2000) 52 BMLR 153 Â Â Taylor v Against an Order and Judgment of the Employment Appeal Tribunal; SCS 18-Dec-1998 - [1998] ScotCS 103; [1999] SCLR 263; [1999] IRLR 362 Â Hinckley and Bosworth Borough Council v Shaw [1998] EWHC 2007 (QB); (1999) 1 LGLR 385; [2000] BLGR 9 21 Dec 1998 QBD Bell J Local Government, Employment, Professional Negligence [ Bailii ] Â
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Employment - From: 1998 To: 1998