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swarb.co.uk - law indexThese cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases. Â |
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Employment - From: 1999 To: 1999This page lists 1686 cases, and was prepared on 02 April 2018. ÂCamden and Islington Community Health Service NHS Trust v Ingram-Smith [1999] UKEAT 418_98_0101 1999 EAT Employment [ Bailii ]  Horton v Ikea Ltd [1999] UKEAT 644_98_0101 1999 EAT Employment [ Bailii ]  Brink's Ltd v AbuSaleh [1999] CLC 133 1999 Rimer J Employment Mrs Elcombe accompanied her husband on a number of trips to Switzerland. Mr Elcombe was carrying money which was part of the proceeds of the Brinks-Mat gold bullion robbery. However, Mrs Elcombe did not know that. She thought that the money was the subject of a tax evasion exercise. Brink's claimed against her that she was liable as a dishonest assistant in a breach of trust. Held: Although Mrs Elcombe knew that her husband was engaged in a dishonest scheme (i.e. tax evasion) that was not enough. It had to be proved that she knew of the existence of the trust or, at least of the facts giving rise to the trust. A security guard was employed in a position of trust in which he possessed valuable information; and as a result owed a fiduciary duty to his employer not to divulge that information to anyone not entitled to it. But it could not have been suggested that a security guard owed his employer the full range of directors' fiduciary duties. 1 Citers  Gill v Lady Herries [1999] UKEAT 972_98_0101 1999 EAT Employment [ Bailii ]  Franks (T/A D M Upholstery) v Thorpe [1999] UKEAT 807_98_0101 1999 EAT Employment [ Bailii ]  Collett v R Miller and N Miller Ltd [1999] UKEAT 359_98_0101 1999 EAT Employment [ Bailii ]  Gorton and Openshaw Trades and Labour Halls (1994) Ltd v Brierley [1999] UKEAT 718_98_0101 1999 EAT Employment [ Bailii ]  Chambers v Berensons [1999] UKEAT 382_98_0101 1999 EAT Employment [ Bailii ]  Janmohamed v Parking Equipment and Services Ltd [1999] UKEAT 460_98_0101 1999 EAT Employment [ Bailii ]  Brown v Quantum Care Ltd [1999] UKEAT 452_98_0101 1999 EAT Employment [ Bailii ]  Baker v Securicor Omega Express Ltd [1999] UKEAT 91_98_0101 1999 EAT Employment [ Bailii ]  Aked-Walker v Northamptonshire County Council [1999] UKEAT 932_98_0101 1999 EAT Employment [ Bailii ]   Taylor v John Webster Buildings Civil Engineering; EAT 1999 - [1999] ICR 561  Scott v Associated British Ports and Railways Board B3/1999/1194 1999 Employment 1 Citers  Villella v MFI Furniture Centres Limited [1999] IRLR 468 1999 Employment 1 Citers  Chambers v Mission Care [1999] UKEAT 856_98_0101 1999 EAT Employment [ Bailii ]  Morgan v Kente [1999] UKEAT 686_98_0101 1999 EAT Employment [ Bailii ]  Wren v Brinkhurst and Another [1999] UKEAT 883_98_0101 1999 EAT Employment [ Bailii ]  Watts v Robinson [1999] UKEAT 881_98_0101 1999 EAT Employment [ Bailii ]  Newton-Smith v Mfi Furniture Centres Ltd [1999] UKEAT 896_98_0101 1999 EAT Employment [ Bailii ]  Orme v South Gloucestershire Council [1999] UKEAT 620_98_0101 1999 EAT Employment [ Bailii ]  Pereira v Waltham Forest Tenants and Community [1999] UKEAT 764_98_0101 1999 EAT Employment [ Bailii ]  Tice and Another v Cartwright [1999] UKEAT 728_98_0101 1999 EAT Employment [ Bailii ]   Harvey v Port of London (Tilbury) Ltd; 1999 - [1999] ICR 1030  Post Office v Scott [1999] UKEAT 375_98_1201 12 Jan 1999 EAT Employment [ Bailii ]  Uruakpa v Royal College of Veterinary Surgeons [1999] UKEAT 1074_98_1201 12 Jan 1999 EAT Employment [ Bailii ]  Challita v Chequepoint (Uk) Ltd [1999] UKEAT 1217_98_1201 12 Jan 1999 EAT Employment [ Bailii ]  Sim v Asda Property Holdings Plc [1999] UKEAT 310_98_1201 12 Jan 1999 EAT Employment [ Bailii ]  Laura Ashley Ltd v Japal [1999] UKEAT 1424_98_1201 12 Jan 1999 EAT Employment [ Bailii ]  Dykes and Another v Kettering Rifle Band Club Ltd [1999] UKEAT 84_97_1201 12 Jan 1999 EAT Employment [ Bailii ]  Morgan Moore Engineering Limited v Engineering Construction Industry Training Board [1999] ScotCS 14 12 Jan 1999 SCS Lord Penrose Scotland, Employment [ Bailii ] - [ ScotC ]  Nch Action for Children v Macfarlane [1999] UKEAT 961_99_1201 12 Jan 1999 EAT Employment [ Bailii ]  Hogan v Cambridgeshire County Council [1999] UKEAT 19_99_1301 13 Jan 1999 EAT Employment [ Bailii ]  Gosling v St Georges Healthcare NHS Trust [1999] UKEAT 1247_98_1301 13 Jan 1999 EAT Employment [ Bailii ]  Utilux (UK) Ltd v Hennington [1999] UKEAT 22_99_1301 13 Jan 1999 EAT Employment [ Bailii ]  Wallace v Jackson (T/A Colin Jackson and Sons) [1999] UKEAT 1054_98_1301 13 Jan 1999 EAT Employment [ Bailii ]  Sassoon v Lrc Products Ltd [1999] UKEAT 1058_98_1301 13 Jan 1999 EAT Employment [ Bailii ]  Davenport v Taptonholme for Elderly People [1999] UKEAT 559_98_1401 14 Jan 1999 EAT Employment [ Bailii ]  Edmundson v Securicor Guarding Ltd [1999] UKEAT 602_98_1401 14 Jan 1999 EAT Employment [ Bailii ]  Robertson v Hill Samuel Investment Services Ltd [1999] UKEAT 404_97_1401 14 Jan 1999 EAT Employment [ Bailii ]  Weiss v London Borough of Hillingdon [1999] UKEAT 17_98_1501 15 Jan 1999 EAT Employment [ Bailii ]  Fashola v London Borough of Hackney [1999] UKEAT 149_98_1501 15 Jan 1999 EAT Employment [ Bailii ]  Piwakowski v Royal and Sun Alliance [1999] UKEAT 1384_98_1501 15 Jan 1999 EAT Employment [ Bailii ]  Moughadam v Walker [1999] UKEAT 1361_99_1701 17 Jan 1999 EAT Employment [ Bailii ]  Rosalind Iris King v Dorset County Council [1999] EWCA Civ 598 18 Jan 1999 CA Employment 1 Cites [ Bailii ]  Capitol Security Services Ltd v Lloyd [1999] UKEAT 1151_98_1801 18 Jan 1999 EAT Employment [ Bailii ]  Whitbread Plc (T/A Whitbread Medway Inns) v Hall [1999] UKEAT 1233_98_1801 18 Jan 1999 EAT Employment 1 Citers [ Bailii ]  Farnborough College of Technology v Chowns [1999] UKEAT 28_98_1801 18 Jan 1999 EAT Employment [ Bailii ]  Siwela v Newham Rights Centre Ltd [1999] UKEAT 1095_98_1801 18 Jan 1999 EAT Employment [ Bailii ]  Triangle Cars v Hook [1999] UKEAT 1340_98_1801 18 Jan 1999 EAT Employment [ Bailii ]  Norwich Airport Staff, Sports Social Club v Turner [1999] UKEAT 557_98_1901 19 Jan 1999 EAT Employment [ Bailii ]  Cameron v Digital Equipment Co Ltd [1999] UKEAT 1238_94_1901 19 Jan 1999 EAT Employment 1 Citers [ Bailii ]  Tnt Express Worldwide (Uk) Ltd v Brown and others [1999] UKEAT 11_98_1901 19 Jan 1999 EAT Employment [ Bailii ]  Halton College of Kingsway v Keen [1999] UKEAT 576_98_1901 19 Jan 1999 EAT Employment [ Bailii ]  Nwachukwu v London Borough of Brent [1999] UKEAT 1205_98_1901 19 Jan 1999 EAT Employment [ Bailii ]  Morton v Post Office [1999] UKEAT 565_98_2001 20 Jan 1999 EAT Employment [ Bailii ]  Cawley and others v Hammersmith Hospitals NHS Trust [1999] UKEAT 475_98_2001 20 Jan 1999 EAT Employment [ Bailii ]  Camelot Corporation (Gb) Ltd v Drew [1999] UKEAT 1209_98_2001 20 Jan 1999 EAT Employment [ Bailii ]  Whitewater Leisure Management Ltd v Barnes and others [1999] UKEAT 1051_98_2101 21 Jan 1999 EAT Employment 1 Citers [ Bailii ]  North East Lincolnshire Council v Beck and others [1999] UKEAT 1362_97_2101 21 Jan 1999 EAT Employment [ Bailii ]  Law Hospital NHS Trust v Rush EAT/842/99 21 Jan 1999 EAT The Honourable Lord Johnston Scotland, Discrimination, Employment EAT Disability Discrimination - Disability 1 Citers [ EATn ]  Aikman v Biotechnology Biological [1999] UKEAT 1069_98_2101 21 Jan 1999 EAT Employment [ Bailii ]  Rpc Containers Ltd v Neville [1999] UKEAT 1246_97_2101 21 Jan 1999 EAT Employment [ Bailii ]  Aikman v Biotechnology Biological [1999] UKEAT 1459_98_2101 21 Jan 1999 EAT Employment [ Bailii ]  Liverpool Victoria Friendly Society Ltd v Deakin [1999] UKEAT 1092_97_2101 21 Jan 1999 EAT Employment 1 Citers [ Bailii ]   Cantor Fitzgerald International v Callaghan; Chandler etc; CA 21-Jan-1999 - Times, 25 January 1999; Gazette, 17 February 1999; [1999] EWCA Civ 622; [1999] IRLR 235; [1999] ICR 639; [1999] 2 All ER 411  Awaekpo v St Mary's Hospital NHS Trust and others [1999] UKEAT 139_98_2201 22 Jan 1999 EAT Employment 1 Citers [ Bailii ]  Such v Transport and General Workers Union [1999] UKEAT 207_98_2201 22 Jan 1999 EAT Employment [ Bailii ]  Ben-Edigbe v Nuffield Hospital [1999] UKEAT 1406_98_2201 22 Jan 1999 EAT Employment [ Bailii ]  Chambers v Mission Care [1999] UKEAT 533_98_2201 22 Jan 1999 EAT Employment [ Bailii ]  Thompson v Ritec Ltd [1999] UKEAT 573_98_2201 22 Jan 1999 EAT Employment [ Bailii ]  Egerton v Rentokill Initial Management Services Ltd [1999] UKEAT 141_98_2201 22 Jan 1999 EAT Employment [ Bailii ]  Gregory v BHS Plc [1999] UKEAT 1007_98_2201 22 Jan 1999 EAT Employment [ Bailii ]  Dass v Tower Hamlets College [1999] UKEAT 127_98_2201 22 Jan 1999 EAT Employment 1 Cites 1 Citers [ Bailii ]  Hidle v Hi-Drive Plant Services [1999] UKEAT 550_98_2501 25 Jan 1999 EAT Employment [ Bailii ]  Reeves v London Borough of Havering and Another [1999] UKEAT 1206_98_2501 25 Jan 1999 EAT Employment [ Bailii ]  Blanchard v Gemini Glass Ltd and Another [1999] UKEAT 1210_98_2501 25 Jan 1999 EAT Employment [ Bailii ]  Banks v Samuel Lewis Housing Trust Ltd [1999] UKEAT 1119_98_2501 25 Jan 1999 EAT Employment [ Bailii ]  Stonham Housing Association Ltd v Donovan [1999] UKEAT 1183_98_2601 26 Jan 1999 EAT Employment [ Bailii ]  Johnson v Ptc Communication and Security [1999] UKEAT 1196_98_2601 26 Jan 1999 EAT Employment [ Bailii ]  Reader and others v London Borough of Hackney [1999] UKEAT 1418_98_2601 26 Jan 1999 EAT Employment [ Bailii ]  Alvares v London Borough of Hounslow [1999] UKEAT 1155_98_2701 27 Jan 1999 EAT Employment [ Bailii ]  Hardie v Northern Ltd [1999] UKEAT 1142_98_2701 27 Jan 1999 EAT Employment [ Bailii ]  Cranley v University of Manchester [1999] UKEAT 1052_98_2701 27 Jan 1999 EAT Employment [ Bailii ]  Froggart v Gordon Bds (T/A Gordon Dental Practice) [1999] UKEAT 1219_98_2701 27 Jan 1999 EAT Employment [ Bailii ]  London Borough Camden v Akers [1999] UKEAT 305_98_2701 27 Jan 1999 EAT Employment 1 Cites [ Bailii ]  Gloucester Law Centre v Payling and others [1999] UKEAT 1173_98_2701 27 Jan 1999 EAT Employment [ Bailii ]  Mbamalu v Md Foods Plc [1999] UKEAT 1413_98_2701 27 Jan 1999 EAT Employment [ Bailii ]  Scott v Lotus Cars Ltd [1999] UKEAT 1235_98_2701 27 Jan 1999 EAT Employment [ Bailii ]  Smith v John Singh and Co [1999] UKEAT 1139_98_2701 27 Jan 1999 EAT Employment [ Bailii ]  Secretary of State for Education and Employment v Mccafferty [1999] UKEAT 446_98_2701 27 Jan 1999 EAT Employment [ Bailii ]  Ims (London) Ltd (T/A Ims Environmental) v Gamble [1999] UKEAT 1470_98_2701 27 Jan 1999 EAT Employment [ Bailii ]  Wallwork v Harvey Nichols and Company Ltd [1999] UKEAT 1400_98_2701 27 Jan 1999 EAT Employment [ Bailii ]  Messrs Pye-Smiths Solicitors v Griffiths [1999] UKEAT 1274_98_2701 27 Jan 1999 EAT Employment [ Bailii ]  Dearden and Another v Senator International Ltd [1999] UKEAT 1324_98_2701 27 Jan 1999 EAT Employment [ Bailii ]  Domers Wells Infant School v Gill [1999] UKEAT 596_97_2801 28 Jan 1999 EAT Employment [ Bailii ]  Franklin v Home Office and others [1999] UKEAT 1225_98_2801 28 Jan 1999 EAT Employment [ Bailii ]  Anglian Windows Ltd v Miller [1999] UKEAT 1114_98_2801 28 Jan 1999 EAT Employment [ Bailii ]  Hq Service Children'S Education (Mod) v Davitt [1999] UKEAT 1358_98_2801 28 Jan 1999 EAT Employment [ Bailii ]  The Express Lift Co Ltd v Duckett and others [1999] UKEAT 241_98_2801 28 Jan 1999 EAT Employment [ Bailii ]  Danka UK Plc v Wilcox [1999] UKEAT 1310_98_2801 28 Jan 1999 EAT Employment [ Bailii ]  Fielding and Co v Manson [1999] UKEAT 1438_98_2901 29 Jan 1999 EAT Employment [ Bailii ]  Whitbread Plc (T/A Thresher) v Gumley [1999] UKEAT 1421_98_2901 29 Jan 1999 EAT Employment [ Bailii ]  Chilton v London Borough of Richmond Upon Thames [1999] UKEAT 29_98_2901 29 Jan 1999 EAT Employment [ Bailii ]  Hegarty v Software Ag (Uk) Ltd [1999] UKEAT 522_98_2901 29 Jan 1999 EAT Employment 1 Cites [ Bailii ]  Interactive Audiotext Services Ltd v Cowan [1999] UKEAT 1020_98_2901 29 Jan 1999 EAT Employment [ Bailii ]  London Borough of Hillingdon v Morgan [1999] UKEAT 1493_98_2901 29 Jan 1999 EAT Employment [ Bailii ]  Allotey v London Borough of Richmond Upon Thames [1999] UKEAT 1047_98_2901 29 Jan 1999 EAT Employment [ Bailii ]  Olaleye v Commission for Racial Equality and Another [1999] UKEAT 55_99_2901 29 Jan 1999 EAT Employment [ Bailii ]  Secretary of State for Trade and Industry v Haines and others [1999] UKEAT 1414_98_2901 29 Jan 1999 EAT Employment [ Bailii ]  Orman and Another v Gear [1999] UKEAT 178_98_0102 1 Feb 1999 EAT Employment [ Bailii ]  Glendenning Plastics Ltd v Lawrence [1999] UKEAT 617_98_0102 1 Feb 1999 EAT Employment [ Bailii ]  Clancy v Cannock Chase Technical College [1999] UKEAT 1026_98_0102; [1999] UKEAT 1026_98_1202 1 Feb 1999 EAT Employment The claimant sought to appeal against refusal to allow him an extension of time for appeal. He miscalculated the date. Held: Reasons given for failure to apply in time often did not excuse the failure. That applied here. "The time limits, it must be asserted are limits and not targets to be aimed at. The interest of justice requires that these appeals should be brought to the Court within the 42 day period. After that period has expired, the successful party in the Industrial Tribunal is entitled to assume that the matter is at an end. The interests of justice require finality and that is a factor which I take into account. Standing back and looking at the whole of the case more generally, I am not satisfied that the interests of justice require me to extend time." Leave refused. 1 Cites 1 Citers [ Bailii ] - [ Bailii ]  Vital Holdings Plc v Twine and others [1999] UKEAT 787_98_0102 1 Feb 1999 EAT Employment [ Bailii ]  Metanie v Telegan Gas Monitoring [1999] UKEAT 995_98_0102 1 Feb 1999 EAT Employment [ Bailii ]  Covey v Co-Operative Insurance Society Ltd [1999] UKEAT 378_98_0102; [1999] UKEAT 378_98_0102 1 Feb 1999 EAT Employment [ Bailii ] - [ Bailii ]  Saheid and Another v Churchill [1999] UKEAT 387_98_0102 1 Feb 1999 EAT Employment [ Bailii ]  Leicester University v A [1999] UKEAT 18_99_0102 1 Feb 1999 EAT Employment [ Bailii ]  Ellis v Nottingham Trade Interiors [1999] UKEAT 797_98_0102 1 Feb 1999 EAT Employment [ Bailii ]  Sivanandan v London Borough of Enfield and others [1999] UKEAT 450_98_0102 1 Feb 1999 EAT Employment 1 Cites 1 Citers [ Bailii ]  Anwar v Watson [1999] UKEAT 556_98_0102 1 Feb 1999 EAT Employment [ Bailii ]  Sharma v Allsports (Retail) Ltd [1999] UKEAT 950_98_0102 1 Feb 1999 EAT Employment [ Bailii ]  Johnson v Fleet Air Arm Museum, Trustees of [1999] UKEAT 560_98_0102 1 Feb 1999 EAT Employment [ Bailii ]  Ball v Prudential Corporation Plc [1999] UKEAT 869_98_0102 1 Feb 1999 EAT Employment 1 Cites [ Bailii ]  Goodson v Goss Graphic Systems Ltd [1999] UKEAT 725_98_0102 1 Feb 1999 EAT Employment [ Bailii ]  Kavanagh v Seltzer Drinks Co [1999] UKEAT 651_98_0102 1 Feb 1999 EAT Employment [ Bailii ]  Banks v Produce Studies Ltd [1999] UKEAT 400_98_0102 1 Feb 1999 EAT Employment [ Bailii ]  Hartley v Air Miles Travel Promotions [1999] UKEAT 1193_98_0202 2 Feb 1999 EAT Employment [ Bailii ]  J Townend and Sons Hull Ltd v Buckley [1999] UKEAT 514_98_0202 2 Feb 1999 EAT Employment [ Bailii ]  Jones (T/A Jones Miller and Co) v Clarke [1999] UKEAT 33_99_0202 2 Feb 1999 EAT Employment [ Bailii ]  Peter James Peace v the City of Edinburgh Council Gazette, 02 September 1999; (1999) IRLR 417; [1999] ScotCS 39 2 Feb 1999 OHCS Lord Penrose Employment, Scotland The normal rule is that a tribunal will not compel one party to employ another, but this can be set aside to allow an order restraining an employer from disciplinary proceedings which were in breach of the complex terms negotiated with the employees. This situation had been anticipated by the parties and provided for in the contractual relationship. The employer should not be allowed to breach that duty. [ Bailii ] - [ ScotC ]  Executive Group Ltd v Tierney and others [1999] UKEAT 1162_98_0202 2 Feb 1999 EAT Employment [ Bailii ]  Kataria v Asra Midlands Housing Association Ltd [1999] UKEAT 1388_98_0202 2 Feb 1999 EAT Employment [ Bailii ]  Okponobi v Holland and Barrett Retail Ltd and others [1999] UKEAT 1175_98_0202 2 Feb 1999 EAT Employment [ Bailii ]  Abdul-Sydique v Parkside Health NHS Trust [1999] UKEAT 828_98_0202 2 Feb 1999 EAT Employment [ Bailii ]  Chappell v Premier Poultry Ltd [1999] UKEAT 1422_98_0202 2 Feb 1999 EAT Employment [ Bailii ]  Century International Plc v Doran-Ingham [1999] UKEAT 1146_98_0302 3 Feb 1999 EAT Employment [ Bailii ]  Gibson v East Riding of Yorkshire District Council Times, 12 February 1999; Gazette, 31 March 1999; [1999] UKEAT 526_98_0302 3 Feb 1999 EAT Employment, European, Local Government The Working Time Directive has direct application in the employment by an emanation of the state - a local authority, and an hourly paid part timer was entitled to four weeks paid holiday by the direct effect application of the Directive, and irrespective of any ambiguity or deficit in the regulations. Working Time Directive 93/104/EC OJ 1993 L307/18 1 Cites 1 Citers [ Bailii ]  Goodwin v Patent Office Times, 03 February 1999; [1999] IRLR 4; [1999] ICR 302 3 Feb 1999 EAT Morison P Employment, Discrimination Tribunals looking at Disability Discrimination should check the four factors in the Act without losing the overall picture. Assistance was available from the WHO Classification of Diseases. Being able to carry out a task did not mean ability was not impaired. "The tribunal should bear in mind that with social legislation of this kind, a purposive approach to construction should be adopted. The language should be construed in a way which gives effect to the stated or presumed intention of Parliament, but with due regard to the ordinary and natural meaning of the words in question. " and "the tribunal must consider whether the adverse effect is substantial. This is a word which is potentially ambiguous. 'Substantial' might mean 'very large' or it might mean 'more than minor or trivial'. Reference to the Guide shows that the word has been used in the latter sense" and "The Tribunal will wish to examine how the applicant’s abilities had actually been effected at the material time, whilst on medication, and then to address their minds to the difficult question as to the effects which they think there would have been but for the medication: the deduced effects. The question is then whether the actual and deduced effects on the applicant’s abilities to carry out normal day to day activities is clearly more than trivial." Disability Discrimination Act 1995 1 1 Cites 1 Citers  Burgrave v Frances Clark Security Ltd [1999] UKEAT 1154_98_0302 3 Feb 1999 EAT Employment [ Bailii ]   British Sugar Plc v Kirker; EAT 3-Feb-1999 - Gazette, 03 February 1999; [1998] IRLR 624  Johnson v Hampshire Probation Service [1999] UKEAT 1144_98_0302 3 Feb 1999 EAT Employment [ Bailii ]  Heath v Tabard Gardens Tenant [1999] UKEAT 1168_98_0302 3 Feb 1999 EAT Employment [ Bailii ]  Ridout v Tc Group [1998] Irlr 628 Gazette, 03 February 1999 3 Feb 1999 EAT Employment Tribunals looking at 'reasonable adjustment' cases in disability discrimination are reminded to check the case against the wording of the Act and the published Codes of Practice. Disability Discrimination Act 1995  Bassi v O'Shea Construction Ltd [1999] UKEAT 1443_98_0302 3 Feb 1999 EAT Employment 1 Cites [ Bailii ]  Lloyd (T/A Daily Office Cleaning) v Wheadon and Another [1999] UKEAT 1169_98_0302 3 Feb 1999 EAT Employment [ Bailii ]  Chambers v Cromwell Group (Holdings) Ltd [1999] UKEAT 1178_98_0302 3 Feb 1999 EAT Employment [ Bailii ]  Chesterfield and N Derbyshire Royal Hospital NHS Trust v Mccormick and others [1999] UKEAT 1500_98_0302 3 Feb 1999 EAT Employment [ Bailii ]  Daniels v Micro Warehouse Ltd [1999] UKEAT 107_99_0502 5 Feb 1999 EAT Employment [ Bailii ]  Action Desk Solutions Ltd v Lewis [1999] UKEAT 1189_98_0502 5 Feb 1999 EAT Employment [ Bailii ]  Danzas (Uk) Ltd v Gibby [1999] UKEAT 95_99_0502 5 Feb 1999 EAT Employment [ Bailii ]  Kolawole Fashola v London Borough of Hackney Wendy Collins [1999] EWCA Civ 722 5 Feb 1999 CA Employment, Discrimination [ Bailii ]  Rodgers v Glover and Another [1999] UKEAT 1083_97_0502 5 Feb 1999 EAT Employment [ Bailii ]  Evans v Bankers Trust International Plc [1999] UKEAT 1187_98_0502 5 Feb 1999 EAT Employment [ Bailii ]  Russell v London Borough of Haringey [1999] UKEAT 529_98_0802 8 Feb 1999 EAT Employment [ Bailii ]  Morgan and Another v Brith Gof Cyf [1999] UKEAT 164_98_0802 8 Feb 1999 EAT Employment [ Bailii ]  Wu v Lloyd's Register of Shipping [1999] UKEAT 1214_97_0802 8 Feb 1999 EAT Employment [ Bailii ]  Fraser v London Electricity Plc [1999] UKEAT 1066_98_0802 8 Feb 1999 EAT Employment [ Bailii ]  Lovett v Wigan Metropolitan Borough Council [1999] UKEAT 571_98_0902 9 Feb 1999 EAT Employment 1 Cites 1 Citers [ Bailii ]  Hilaire and others v Holiday Dyes and Chemicals Ltd [1999] UKEAT 1315_98_0902 9 Feb 1999 EAT Employment [ Bailii ]  Norman Carless and Co v Dunn [1999] UKEAT 178_99_0902 9 Feb 1999 EAT Employment [ Bailii ]  London Borough of Islington v Collins [1999] UKEAT 3_99_0902 9 Feb 1999 EAT Employment [ Bailii ]  Ladbroke Racing Ltd v Sackett [1999] UKEAT 1188_98_0902 9 Feb 1999 EAT Employment [ Bailii ]  Lawson v London Borough of Wandsworth [1999] UKEAT 1159_98_0902 9 Feb 1999 EAT Employment [ Bailii ]  Ballinger v Viatel UK Ltd [1999] UKEAT 1323_98_0902 9 Feb 1999 EAT Employment [ Bailii ]  Noel v Employment Tribunal Service [1999] UKEAT 259_99_0902 9 Feb 1999 EAT Employment 1 Cites 1 Citers [ Bailii ]  John Lewis Plc v Hewlett [1999] UKEAT 1174_98_0902 9 Feb 1999 EAT Employment [ Bailii ]  O'Neill v Symm and Company Limited [1998] EWCA Civ 1422; [1999] EWCA Civ 747 9 Feb 1999 CA Employment, Discrimination 1 Cites [ Bailii ] - [ Bailii ]  Haddon v Van Den Bergh Foods Ltd [1999] UKEAT 1160_98_0902 9 Feb 1999 EAT Employment 1 Citers [ Bailii ]  Computer Insight Ltd v Shokunbi [1999] UKEAT 309_98_0902 9 Feb 1999 EAT Employment [ Bailii ]  Moyo v British Nursing Co-Operations [1999] UKEAT 189_98_1002 10 Feb 1999 EAT Employment [ Bailii ]  Willing v Cottam [1999] UKEAT 1118_98_1002 10 Feb 1999 EAT Employment [ Bailii ]  Gbaja-Biamila v DHL International (UK) Ltd and others [1999] UKEAT 1224_98_1002 10 Feb 1999 EAT Employment 1 Citers [ Bailii ]  Parveen v Little and others [1999] UKEAT 1248_98_1002 10 Feb 1999 EAT Employment [ Bailii ]  Levett v Biotrace International Plc Times, 11 May 1999; Gazette, 09 June 1999; [1999] EWCA Civ 757; [1999] EWCA Civ 758 10 Feb 1999 CA Employment Where a service contract provided for the loss of share options on the cessation of employment, those options could only be forfeit if the contract was terminated lawfully by the employer. The employer could not benefit from his own unlawful act. [ Bailii ] - [ Bailii ]  Atkinson and others v St Michael's School [1999] UKEAT 142_98_1102 11 Feb 1999 EAT Employment [ Bailii ]  Thomas v London General Transport Services Ltd [1999] UKEAT 1284_98_1102 11 Feb 1999 EAT Employment [ Bailii ]  Clouden v London Borough of Hackney [1999] UKEAT 594_98_1102 11 Feb 1999 EAT Employment [ Bailii ]  Dixon and others v London General Transport Services Ltd [1999] UKEAT 1265_98_1102 11 Feb 1999 EAT Employment [ Bailii ]  Lemon v London General Transport Services Ltd [1999] UKEAT 1293_98_1102 11 Feb 1999 EAT Employment [ Bailii ]  Commissioner of Police of the Metropolis v Bowie [1999] UKEAT 159_99_1102 11 Feb 1999 EAT Employment [ Bailii ]  Reed and Another v Stedman [1999] UKEAT 443_97_1102 11 Feb 1999 EAT Employment [ Bailii ]  Foley and Another v BICC Pyrotenax Ltd [1999] UKEAT 992_96_1102 11 Feb 1999 EAT Employment [ Bailii ]  Bultitude v Mould Growth Consultants [1999] UKEAT 558_98_1202 12 Feb 1999 EAT Employment [ Bailii ]   Secretary of State for Trade and Industry v Peter Bottrill; CA 12-Feb-1999 - Gazette, 10 March 1999; Gazette, 27 June 1999; [1999] EWCA Civ 781; [1998] IRLR 120; [1999] IRLR 326; [1999] ICR 592; [1999] BCC 177  Rutherford Hotels Management Company Ltd v Coleman and Another [1999] UKEAT 1238_98_1202 12 Feb 1999 EAT Employment [ Bailii ]  Wellappili v Highway Agency and others [1999] UKEAT 1008_98_1202 12 Feb 1999 EAT Employment [ Bailii ]  Nakatani v Japenese School Ltd [1999] UKEAT 632_99_1402 14 Feb 1999 EAT Employment 1 Cites [ Bailii ]  Lawal v Northern Spirit Ltd [1999] UKEAT 1170_98_1502 15 Feb 1999 EAT Charles J Employment, Natural Justice The appellant wished to pursue an appeal against the striking out of his claim, and objected that contrary to the Rules, a member of the board who had heard the pre-hearing review had also sat on the full hearing. Held: The appeal should be allowed to go ahead. Industrial Tribunals (Constitution and Rules of Procedure) Regulations 1993 7(9) 11 1 Citers [ Bailii ]  Parry and Co v Sumpter [1999] UKEAT 1396_98_1502 15 Feb 1999 EAT Employment [ Bailii ]  Vass v Deutsche Bank Ag and Another [1999] UKEAT 281_98_1502 15 Feb 1999 EAT Employment [ Bailii ]  Thomas Mosedale and Sons Ltd v Jones [1999] UKEAT 1212_98_1502 15 Feb 1999 EAT Employment [ Bailii ]  Euro-Die (Uk) Ltd v Skidmore and Another [1999] UKEAT 1158_98_1502 15 Feb 1999 EAT Employment [ Bailii ]  Pal v Lucas Varity Plc [1999] UKEAT 253_97_1602 16 Feb 1999 EAT Employment [ Bailii ]  Bank of Credit and Commerce International Sa (In Liquidation) v Ali and Another Times, 25 January 1999; Gazette, 17 February 1999; [1999] ICR 1068 17 Feb 1999 ChD Lightman J Employment, Litigation Practice A compromise of a claim involved a settlement with the value given, and a release did not import requirement for any consideration. A compromised claim could not be set aside for lack of knowledge, and no duty of disclosure of any wrongdoing existed. 1 Citers  Hedden v Exeter Diocesan Board for Christian Care [1999] EWCA Civ 799 17 Feb 1999 CA Employment 1 Cites 1 Citers [ Bailii ]  Edwards v London Borough of Brent [1999] UKEAT 1503_98_1702 17 Feb 1999 EAT Employment [ Bailii ]  Quashie v London Borough of Greenwich [1999] UKEAT 1242_98_1702 17 Feb 1999 EAT Employment [ Bailii ]  Moroney v Eastwood School and Essex Cc [1999] UKEAT 642_96_1702 17 Feb 1999 EAT Employment [ Bailii ]  Selectapack Ltd v Nash [1999] UKEAT 1392_98_1702 17 Feb 1999 EAT Employment [ Bailii ]  Kent v Do It All Ltd [1999] UKEAT 1236_98_1702 17 Feb 1999 EAT Employment [ Bailii ]  Wroe v London Borough of Islington [1999] UKEAT 1237_98_1702 17 Feb 1999 EAT Employment [ Bailii ]  Pittaway v Street To Street Ltd [1999] UKEAT 1467_98_1702 17 Feb 1999 EAT Employment [ Bailii ]  Cyrus v Secretary of State for Education and Employment [1999] UKEAT 1218_98_1702 17 Feb 1999 EAT Employment [ Bailii ]  North Yorkshire Fire and Rescue Authority v Kendall and Another [1999] UKEAT 96_99_1802 18 Feb 1999 EAT Employment [ Bailii ]  Neckles v Yorkshire Rider (T/A First Huddersfield) and others [1999] UKEAT 1509_98_1802 18 Feb 1999 EAT Employment [ Bailii ]  London Underground Ltd v Ayanbadejo [1999] UKEAT 1160_97_1802 18 Feb 1999 EAT Employment [ Bailii ]  Cliff Wakeman; Ashok Solanki; Stewart Mitchell v Quick Corporation and Noriaki Nakajima [1999] EWCA Civ 810 18 Feb 1999 CA Employment [ Bailii ]  Baird Menswear Brands Ltd and others v Samuda [1999] UKEAT 94_99_1802 18 Feb 1999 EAT Employment [ Bailii ]  Akinlade v London Borough of Camden and others [1999] UKEAT 168_98_1902 19 Feb 1999 EAT Employment [ Bailii ]  Akinbele v South London Family Housing Association [1999] UKEAT 92_99_1902 19 Feb 1999 EAT Peter Clark HHJ Employment Appeal on basis that ET decision was perverse. Held: Leave given 1 Citers [ Bailii ]  British Steel Plc v Littlewood [1999] UKEAT 1223_97_1902 19 Feb 1999 EAT Employment [ Bailii ]  Living Design (Home Improvements) Ltd for Interim Interdict [1999] ScotCS 56 19 Feb 1999 SCS Lord Cameron of Lochbroom Scotland, Employment The petitioner company sought to enforce a post employment restrictive covenant agreed to by the respondent. He had given notice to leave, and the parties had setteled the departure with an additional restriction. The respondent denied that the defendant company operated significantly within the restricted area and also his formal position in the new company. 1 Cites [ Bailii ] - [ ScotC ]  Robbins v London Borough of Hammersmith and Fulham [1999] UKEAT 1253_98_1902 19 Feb 1999 EAT Employment [ Bailii ]   Generale Bank Nederland Nv (Formerly Credit Lyonnais Bank Nederland Nv) v Export Credits Guarantee Department; HL 19-Feb-1999 - Gazette, 10 March 1999; Times, 19 February 1999; [1999] UKHL 9; [2000] 1 AC 486; [1999] 1 All ER 929; [1999] 2 WLR 540  Sherwood Property Management v Kingston and Another [1999] UKEAT 144_98_2302 23 Feb 1999 EAT Employment [ Bailii ]  Sawyerr v London Borough of Southwark and others [1999] UKEAT 238_98_2302 23 Feb 1999 EAT Employment [ Bailii ]  Storsack UK Ltd v Sulley [1999] UKEAT 1140_98_2402 24 Feb 1999 EAT Employment [ Bailii ]  Secretary of State for Trade and Industry v Botrill Times, 24 February 1999 24 Feb 1999 CA Employment The controlling shareholder can be an employee of a limited company despite that control, and is entitled to benefits on insolvency. It is a question of fact for each case and the different circumstances. Shareholders not able to interfere with management.  Parry v Secretary of State for Trade and Industry [1999] UKEAT 1301_98_2402 24 Feb 1999 EAT Employment [ Bailii ]  Stafford Knight Life Ltd v Myles [1999] UKEAT 1349_98_2402 24 Feb 1999 EAT Employment [ Bailii ]   Jefferies and Others v Mayes and Others; National Grid Company Plc v Same; National Power Plc v Feldon and Others; CA 25-Feb-1999 - Times, 25 February 1999; Gazette, 03 March 1999; [1999] EWCA Civ 761   Jefferies and Others v Mayes and Others; National Grid Company Plc v Same; National Power Plc v Feldon and Others; CA 25-Feb-1999 - Times, 25 February 1999; Gazette, 03 March 1999; [1999] EWCA Civ 761  Oram v Initial Contract Services Ltd [1999] UKEAT 1279_98_2502 25 Feb 1999 EAT Employment 1 Cites 1 Citers [ Bailii ]  East Coast Aerials Ltd v Punnett [1999] UKEAT 1313_98_2602 26 Feb 1999 EAT Employment [ Bailii ]  Doheny and Another vAraya and Another [1999] UKEAT 85_99_2602 26 Feb 1999 EAT Employment [ Bailii ]  Mensah v Grant and Another [1999] UKEAT 938_98_2602 26 Feb 1999 EAT Employment, Discrimination [ Bailii ]  Moss v St Helens and Knowsley Hospitals [1999] UKEAT 1402_98_2602 26 Feb 1999 EAT Employment [ Bailii ]  Wiggett v Holgran Ltd [1999] UKEAT 1336_98_2602 26 Feb 1999 EAT Employment [ Bailii ]  Canavan v Greenberg Glass Ltd [1999] UKEAT 951_98_0103 1 Mar 1999 EAT Employment [ Bailii ]  Bryant and Another v British Bakeries Ltd [1999] UKEAT 822_98_0103 1 Mar 1999 EAT Employment [ Bailii ]  Bradford v Cambridge Regional College of Further Education [1999] UKEAT 669_98_0103 1 Mar 1999 EAT Employment [ Bailii ]  Borkett v Workers Educational Association [1999] UKEAT 275_98_0103 1 Mar 1999 EAT Employment [ Bailii ]  Chambers v Hartwell Services Ltd [1999] UKEAT 936_98_0103 1 Mar 1999 EAT Employment [ Bailii ]  Chequepoint UK Ltd v Radwan [1999] UKEAT 638_98_0103 1 Mar 1999 EAT Employment [ Bailii ]  Drummond (T/A Beaver Garage) v Riaz [1999] UKEAT 960_98_0103 1 Mar 1999 EAT Employment [ Bailii ]  Chaffin v Wansbroughs Willey Hargrave [1999] UKEAT 65_98_0103 1 Mar 1999 EAT Employment 1 Cites 1 Citers [ Bailii ]  Edwards v Surrey Police [1999] UKEAT 698_98_0103 1 Mar 1999 EAT Employment [ Bailii ]  Sawyers v Birmingham City Council [1999] UKEAT 754_98_0103 1 Mar 1999 EAT Employment [ Bailii ]  Elliott v Elliott Metal Co Ltd [1999] UKEAT 986_98_0103 1 Mar 1999 EAT Employment [ Bailii ]  Ani Aurora Plc (T/A Edgar Allen Engineering Ltd) v Eastell [1999] UKEAT 871_98_0103 1 Mar 1999 EAT Employment 1 Cites [ Bailii ]  Foley v Post Office [1999] UKEAT 863_98_0103; [2000] IRLR 827 1 Mar 1999 EAT Hlland J Employment 1 Cites 1 Citers [ Bailii ]  Harrold v Wiltshire Healthcare NHS Trust [1999] UKEAT 850_98_0103 1 Mar 1999 EAT Employment 1 Cites [ Bailii ]  Igw Group v Maxfield [1999] UKEAT 905_98_0103 1 Mar 1999 EAT Employment [ Bailii ]  Joel v House of Fraser (Stores) Ltd [1999] UKEAT 723_98_0103 1 Mar 1999 EAT Employment [ Bailii ]  Joseph v Marshall and Another [1999] UKEAT 862_98_0103 1 Mar 1999 EAT Employment [ Bailii ]  Kalu v the London Borough of Hackney [1999] UKEAT 156_99_0103 1 Mar 1999 EAT Employment [ Bailii ]  Efstratiou v Cumberland Hotel and Cape Dutch Restaurant [1999] UKEAT 406_98_0103 1 Mar 1999 EAT Employment [ Bailii ]  Gateway Professional Services v Watkins [1999] UKEAT 867_98_0103 1 Mar 1999 EAT Employment [ Bailii ]  Thoburn v Eve Group Plc [1999] UKEAT 973_98_0103 1 Mar 1999 EAT Employment 1 Cites 1 Citers [ Bailii ]  Stewart and Another v Ebony Sistren Housing Association [1999] UKEAT 974_98_0103 1 Mar 1999 EAT Employment [ Bailii ]  Sproulls Solicitors v Bruce [1999] UKEAT 397_98_0103 1 Mar 1999 EAT Employment [ Bailii ]  Southern Co-Operative Dairies Ltd v Simpson [1999] UKEAT 969_98_0103 1 Mar 1999 EAT Employment [ Bailii ]  Santiago v Raindrop Information Systems Ltd [1999] UKEAT 768_98_0103 1 Mar 1999 EAT Employment [ Bailii ]  Bailey v Ready Mixed Concete (London) Ltd [1999] UKEAT 162_99_0103 1 Mar 1999 EAT Employment [ Bailii ]  Sabar v Moroccan Enterprise and Training Centre [1999] UKEAT 433_98_0103 1 Mar 1999 EAT Employment 1 Cites 1 Citers [ Bailii ]  Arthur v Attorney General and others [1999] UKEAT 578_98_0103 1 Mar 1999 EAT Employment [ Bailii ]  Wagstaffe v Selfridges [1999] UKEAT 904_98_0103 1 Mar 1999 EAT Employment [ Bailii ]  Mock v Inland Revenue [1999] UKEAT 997_98_0103; [1999] IRLR 785 1 Mar 1999 EAT Morison P Employment In the context of the time for appealing to the EAT under Rule 3(3) EAT Rules 1993, as amended, 'sent' referred to the date appearing on the ET 'decision'. Morison P said: "Industrial Tribunal chairmen are required to produce reasons. When reduced to writing, it is the responsibility of the clerk to transmit those reasons to the secretary who enters them in the register and sends a copy to the parties. A copy of the entry is attached to the decision. It follows that at the end of the decision there is inserted a date which specifies when the document was entered into the register. That provides a fixed date and explains why Rule 3(2) refers to the date on which extended written reasons were sent to the Appellant . . The context of the Rules tends inevitably to the view that "was sent" means when it was sent i.e. the date from which time starts to run. This was the clear intention of Parliament. There is no room for the application of Section 7 if it would otherwise have applied. The Rule is defining a specific date at which an act was done." Employment Appeal Tribunal Rules 1993 3(3) - Interpretation Act 1978 7 - Industrial Tribunal (Constitution etc.) Regulations 1993 1 Cites 1 Citers [ Bailii ]  Mitel Semiconductor Ltd v Stimpson [1999] UKEAT 895_98_0103 1 Mar 1999 EAT Employment 1 Cites [ Bailii ]  Akhtar v United Bank Ltd [1999] UKEAT 667_98_0103 1 Mar 1999 EAT Employment [ Bailii ]  Mortimer v Black Horse Agencies Ltd [1999] UKEAT 696_98_0103 1 Mar 1999 EAT Employment [ Bailii ]  Balamoody v Manchester Health Authority [1999] UKEAT 1288_97_0203 2 Mar 1999 EAT Employment, Discrimination The claimant appealed against orders striking out his complaint of unlawful racial discrimination. He had owned a nursing home regulated by the respondent authority. A senior white employee had broken regulations regarding safekeeping of drugs, but he as owner had been prosecuted and struck off. She had not. The home registration was then cancelled. He complained that the decision to prosecute him was unlawful discrimination. Held. In this context the respondent was not a body whose relationship with the applicant fell within section 12 of the 1976 Act. The appeal failed. Employment Tribunal Rules of Procedure 1993 13(2)(d) - Race Relations Act 1976 12 1 Cites 1 Citers [ Bailii ]  Bridgend County Borough Council v Stephens [1999] UKEAT 4_99_0203 2 Mar 1999 EAT Employment 1 Citers [ Bailii ]  Maher v Post Office [1999] UKEAT 1347_98_0303 3 Mar 1999 EAT Employment [ Bailii ]  Lowe v Oliver and Another [1999] UKEAT 1307_98_0303 3 Mar 1999 EAT Employment [ Bailii ]  Mckenzie v East Sussex County Council [1999] UKEAT 1334_98_0303 3 Mar 1999 EAT Employment [ Bailii ]  Sikpi v Catford Centre for Unemployed and others [1999] UKEAT 1106_98_0303 3 Mar 1999 EAT Employment [ Bailii ]  Gateway Professional Services (Nun-Royd) Ltd v Foster [1999] UKEAT 1227_98_0303 3 Mar 1999 EAT Employment [ Bailii ]  Railcare Ltd v Cook [1999] UKEAT 1052_98_0303 3 Mar 1999 EAT Employment [ Bailii ]  Shand v Leicestershire County Council and others [1999] UKEAT 9_99_0303 3 Mar 1999 EAT Employment 1 Cites 1 Citers [ Bailii ]  Briscoe v Telewest Communications Ltd [1999] UKEAT 592_98_0303 3 Mar 1999 EAT Employment 1 Cites [ Bailii ]  Chesterfield Borough Council v Agnew [1999] UKEAT 1342_98_0303 3 Mar 1999 EAT Employment [ Bailii ]  Post Office v Britten [1999] UKEAT 1461_98_0303 3 Mar 1999 EAT Employment [ Bailii ]  Oritsejaro v Virgin Trains Ltd [1999] UKEAT 1243_98_0303 3 Mar 1999 EAT Employment [ Bailii ]  Shepherd and others v Sefton Metropolitan Borough Council [1999] UKEAT 154_98_0303 3 Mar 1999 EAT Employment [ Bailii ]  Lindsay v Alliance and Leicester Plc [1999] UKEAT 1317_98_0403 4 Mar 1999 EAT Employment [ Bailii ]  Crown Prosecution Service v Bamieh [1999] UKEAT 309_99_0403 4 Mar 1999 EAT Employment [ Bailii ]  Medway Community Living Services Ltd v Poole [1999] UKEAT 59_99_0403 4 Mar 1999 EAT Employment [ Bailii ]  Lucas Varity Plc v Radford [1999] UKEAT 1397_98_0403 4 Mar 1999 EAT Employment [ Bailii ]  Augustin v London Borough of Waltham Forest Housing Services [1999] UKEAT 1135_98_0403 4 Mar 1999 EAT Employment [ Bailii ]  Willis v Merseyside Police Authority and others [1999] UKEAT 1136_98_0403 4 Mar 1999 EAT Employment [ Bailii ]  Phillips v Finn and Co [1999] UKEAT 1134_98_0503 5 Mar 1999 EAT Employment [ Bailii ]  Levy and others v Tarmac Construction Ltd [1999] UKEAT 1338_98_0503 5 Mar 1999 EAT Employment [ Bailii ]  Abi-MuHeal v Unison [1999] UKEAT 1084_98_0503 5 Mar 1999 EAT Employment [ Bailii ]  Adjaye v Dylon International Ltd [1999] UKEAT 1133_98_0503 5 Mar 1999 EAT Employment [ Bailii ]  N Etienne v London Underground Limited EAT/219/99 7 Mar 1999 EAT The Honourable Mr Justice Burton Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ]  Midland Bank Plc v J Madden EAT/1107/98 7 Mar 1999 EAT The Honourable Mr Justice Lindsay (President) Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. 1 Cites 1 Citers [ EATn ]  N Etienne v London Underground Limited EAT/219/99 7 Mar 1999 EAT The Honourable Mr Justice Burton Employment EAT Unfair Dismissal - Reason for Dismissal  Barton v London Borough of Wandsworth [1999] UKEAT 1009_97_0803 8 Mar 1999 EAT Employment [ Bailii ]  Cannon v Teifi [1999] UKEAT 1026_98_0803 8 Mar 1999 EAT Employment [ Bailii ]  ADI (UK) Ltd v Willer and others [1999] UKEAT 11_99_0803 8 Mar 1999 EAT Holland J Employment The appeal is to go ahead to a full inter partes hearing. Transfer of Undertakings (Protection of Employment) Regulations 1981 3 1 Citers [ Bailii ]  Ilion Group Plc vConnor [1999] UKEAT 288_99_0803 8 Mar 1999 EAT Employment [ Bailii ]  Higgins v Fitzgibbon Associates and Another [1999] UKEAT 1433_98_0803 8 Mar 1999 EAT Employment [ Bailii ]  Goldman v North London College of Health Studies and Another [1999] UKEAT 791_97_0803 8 Mar 1999 EAT Employment [ Bailii ]  Reynolds v London Borough of Southwark [1999] UKEAT 1320_98_0803 8 Mar 1999 EAT Employment [ Bailii ]  Robins v London Borough of Merton and Another [1999] UKEAT 1172_98_0803 8 Mar 1999 EAT Employment [ Bailii ]  Vadehra v Linklaters and Paines and others [1999] UKEAT 291_98_0803 8 Mar 1999 EAT Employment [ Bailii ]   Barber and Others v RJB Mining Uk Ltd; QBD 8-Mar-1999 - Times, 08 March 1999; Gazette, 06 May 1999  Doshoki v Schneider UK [1999] UKEAT 607_97_0903 9 Mar 1999 EAT Employment [ Bailii ]  Powell v London Borough of Islington [1999] UKEAT 1457_98_0903 9 Mar 1999 EAT Employment [ Bailii ]  A Humphreys v Environment Agency EAT/24/99 9 Mar 1999 EAT The Honourable Mr Justice Lindsay (President) Employment EAT Transfer of Undertakings - Economic technical or organisational reason. [ EATn ]  Yakamoto Futon Centre Ltd v Brown [1999] UKEAT 322_99_0903 9 Mar 1999 EAT Employment [ Bailii ]  A Humphreys v Environment Agency EAT/24/99; [1999] UKEAT 24_99_1404 9 Mar 1999 EAT The Honourable Mr Justice Lindsay (President) Employment EAT Transfer of Undertakings - Economic Technical or Organisational Reason 1 Citers [ Bailii ]  Baker and others v Moores Furniture Group Ltd [1999] UKEAT 1000_98_0903 9 Mar 1999 EAT Employment [ Bailii ]  Ayobiojo v Unison [1999] UKEAT 1330_98_1003 10 Mar 1999 EAT Employment, Discrimination 1 Cites 1 Citers [ Bailii ]  Wilson (T/A A R Wilson and Co. Ltd.) v King [1999] UKEAT 32_99_1003 10 Mar 1999 EAT Employment [ Bailii ]  Dugdale v Woolworths Plc [1999] UKEAT 1498_98_1003 10 Mar 1999 EAT Employment [ Bailii ]   Affleck and Others v Newcastle Mind and Others; EAT 10-Mar-1999 - Gazette, 11 August 1999; (1999) IRLR 405; [1999] UKEAT 537_98_1003; [1999] ICR 852  Jack Allen (Sales and Services) Ltd v Smith Gazette, 10 March 1999; (1999) IRLR 19 10 Mar 1999 OHCS Employment An interim order enforcing a post employment restriction should be available only where not void because of particular circumstances, where needed to protect confidentiality of employers business, reasonable, and (new) employer can show some likely harm.  Cookson v Hampshire Constabulary [1999] UKEAT 1505_98_1003 10 Mar 1999 EAT Employment [ Bailii ]  TCS Europe (Uk) Ltd v Massey Gazette, 10 March 1999; (1999) IRLR 22 10 Mar 1999 QBD Employment Whether a non-solicitation covenant was enforceable was a matter of law capable of being settled by a judge in summary enforcement proceedings. A three year restraint part of employment and share agreement was in this case unenforceable.  Pavi v Hereford and Worcester County Council [1999] UKEAT 672_97_1003 10 Mar 1999 EAT Employment [ Bailii ]  Ellsworth and Hollaway Publishing Ltd v Howells [1999] UKEAT 317_98_1003 10 Mar 1999 EAT Employment [ Bailii ]  Borland v Leicester City Bus Ltd [1999] UKEAT 1230_98_1103 11 Mar 1999 EAT Employment [ Bailii ]  Henderson v Hunting Contract Services [1999] UKEAT 504_98_1103 11 Mar 1999 EAT Employment 1 Cites [ Bailii ]  Des Moulins v Age Concern Hove and Portslade [1999] UKEAT 1022_98_1103 11 Mar 1999 EAT Employment [ Bailii ]  Homebase v Deary [1999] UKEAT 27_99_1103 11 Mar 1999 EAT Employment [ Bailii ]  Jones v 3M Healthcare Ltd [1999] UKEAT 1216_98_1103 11 Mar 1999 EAT Employment [ Bailii ]  Port v the Royal Mail and others [1999] UKEAT 45_99_1103 11 Mar 1999 EAT Employment [ Bailii ]  Kyi v Post Office [1999] UKEAT 508_98_1103 11 Mar 1999 EAT Employment [ Bailii ]   Express and Echo Publications Limited v Ernest Tanton; CA 11-Mar-1999 - Times, 07 April 1999; Gazette, 08 April 1999; Gazette, 26 May 1999; [1999] ICR 693; [1999] EWCA Civ 949  Slater v Daintry [1999] UKEAT 1270_98_1103 11 Mar 1999 EAT Employment [ Bailii ]  Studio Master Diamond Ltd v Ali [1999] UKEAT 1141_98_1203 12 Mar 1999 EAT Employment [ Bailii ]  Gibbs and others v Riley Builders [1999] UKEAT 26_99_1203 12 Mar 1999 EAT Employment [ Bailii ]  Roberts v First York [1999] UKEAT 283_99_1203 12 Mar 1999 EAT Employment [ Bailii ]  Kilduff v Cumbria County Council [1999] UKEAT 1494_98_1203 12 Mar 1999 EAT Employment [ Bailii ]  Stubbings v Ministry of Defence [1999] UKEAT 1393_98_1203 12 Mar 1999 EAT Employment 1 Cites 1 Citers [ Bailii ]  Dowey v Abel and Another (T/A J B Abel and Son) [1999] UKEAT 29_99_1203 12 Mar 1999 EAT Employment [ Bailii ]  Secretary of State for Trade and Industry v J E Henson and others EAT/1025/98 13 Mar 1999 EAT The Honourable Mr Justice Burton Employment EAT Redundancy - Other  Secretary of State for Trade and Industry v J E Henson and others EAT/1025/98 13 Mar 1999 EAT The Honourable Mr Justice Burton Employment EAT Redundancy - Other - [ EATn ]  Ituah v Camden and Islington Chs NHS Trust and Another [1999] UKEAT 1157_98_1503 15 Mar 1999 EAT Employment [ Bailii ]  London Borough of Hackney v Mears [1999] UKEAT 50_99_1503 15 Mar 1999 EAT Employment [ Bailii ]  the London Borough of Hammersmith and Fulham v Winston [1999] UKEAT 260_99_1503 15 Mar 1999 EAT Employment [ Bailii ]  Ali v Noon Products Ltd [1999] UKEAT 69_99_1603 16 Mar 1999 EAT Employment [ Bailii ]  Butt v Harrow and others [1999] UKEAT 75_99_1603 16 Mar 1999 EAT Employment [ Bailii ]  London Underground v Simpson [1999] UKEAT 8_99_1603 16 Mar 1999 EAT Employment [ Bailii ]  Beck v Morgan Hope Industries Ltd [1999] UKEAT 78_99_1603 16 Mar 1999 EAT Employment [ Bailii ]  Brown v Gouldens Solicitors [1999] UKEAT 1377_98_1703 17 Mar 1999 EAT Employment [ Bailii ]  Peacock v Braintree Further Education Corporation [1999] UKEAT 1363_98_1703 17 Mar 1999 EAT Employment [ Bailii ]  Carver (Nee Mascarenhas) v Saudi Arabian Airlines Times, 24 March 1999; Gazette, 27 June 1999; [1999] EWCA Civ 1002; [1999] ICR 991 17 Mar 1999 CA Mantell LJ, Beldam LJ and Ward LJ Employment, Jurisdiction, Discrimination The applicant was recruited in Saudi Arabia in 1986 as a flight attendant under a contract expressed to be subject to Saudi Arabian law. After being trained in Jeddah, and then employed in India for four years, she was transferred to be based in London, from which all her tours of duty as a flight attendant thereafter commenced, and at which they ended. She complained of unfair dismissal and of sex discrimination. Held: By reference to the relevant test at the time for the jurisdiction of UK tribunals in relation to unfair dismissal, she did not ordinarily work in Great Britain. So far as concerned the sex discrimination claim, the applicant's appeal was allowed to the extent that the issue was remitted to a differently constituted tribunal to determine where the applicant wholly or mainly did her work at the relevant time. When a tribunal has to decide where an employee 'ordinarily works', the tribunal must look to the entire period of the contract, and not to some smaller, artificial, part. A contract begun and substantially worked in Jeddah was not subject to UK law. As to the term 'ordinarily': "Here the position was quite different. The Tribunal had to consider where at the time of the alleged discrimination the appellant was "wholly or mainly" working [our underlining]. See Haughton v Olau Line (UK) Ltd [1986] ICR 357 in the Court of Appeal. However, the tribunal decided jurisdiction on where the applicant was ordinarily working. That was impermissible. Insofar as the tribunal purported to make a finding of fact as to where the applicant was wholly or mainly working, it seems to me that it did so without any evidential basis. The tribunal appears to have taken the monthly, minimum, flying time, namely 72 hours, required of the applicant and set it against a notional working week of 40 hours. By such a comparison it would seem that the applicant worked most of her time within Great Britain. But neither the 72 hours minimum flying time nor the notional 40-hour week had any relevance to the question which had to be determined. Consequently I would hold the finding to be without any foundation and as such to amount to an error of law. I would be minded therefore, to remit the question of jurisdiction under the Sex Discrimination Act 1975 to the tribunal, differently constituted, with a direction to determine the question of jurisdiction on the basis of where the applicant wholly or mainly did her work at the relevant time." Employment Rights Act 1996 196 1 Cites 1 Citers [ Bailii ]  Fowler (T/A Rockit Research Group) v Rees [1999] UKEAT 79_99_1703 17 Mar 1999 EAT Employment [ Bailii ]  Greenall v Stanley Leisure Plc [1999] UKEAT 1383_98_1703 17 Mar 1999 EAT Employment 1 Citers [ Bailii ]  Hussain v Elonex Plc [1999] EWCA Civ 1009; [1999] IRLR 430; [1999] IRLR 420 17 Mar 1999 CA Mummery LJ Employment The claimant appealed against a finding that he had not been unfairly dismissed. He said that the procedure adopted had been unfair, since he had not had opportunity to see the statements provided to his employer by independent witnesses of the incident under complaint. Held. It can be enough in a disciplinary case for an employee to know the gist of the case against him and in such cases it may not infringe the principles of fairness to fail to provide the detailed evidence: "The question in a case of dismissal for misconduct such as this is whether there has been a fair and reasonable investigation of the alleged misconduct before a decision is made to dismiss or not to dismiss. In this case there was no contractual requirement that a particular procedure should be followed, other than it should be fair. There is no universal requirement of natural justice or general principle of law that an employee must be shown in all cases copies of witness statements obtained by an employer about the employee's conduct. It is a matter of what is fair and reasonable in each case. " Employment Protection (Consolidation) Act 1978 57(3) 1 Cites 1 Citers [ Bailii ]  London Borough of Southwark v Oyebanjo [1999] UKEAT 605_98_1703 17 Mar 1999 EAT Employment [ Bailii ]  Sidhu v Aerospace Composite Technology Ltd [1999] UKEAT 675_98_1803 18 Mar 1999 EAT Employment 1 Cites [ Bailii ]   Schultz v Esso Petroleum Company Limited; CA 18-Mar-1999 - Gazette, 29 September 1999; (1999) IRLR 488; [1999] EWCA Civ 1015  T and K Home Improvements Ltd v Skilton [1999] UKEAT 486_98_1803 18 Mar 1999 EAT Employment [ Bailii ]  London Borough of Ealing v Johnson [1999] UKEAT 99_99_1803 18 Mar 1999 EAT Employment [ Bailii ]  Craig v Inland Revenue [1999] UKEAT 64_99_1803 18 Mar 1999 EAT Employment [ Bailii ]  Mags Express v Gerrard [1999] UKEAT 1507_98_1803 18 Mar 1999 EAT Employment [ Bailii ]  Cooper v Jaguar Cars Ltd [1999] UKEAT 1479_98_1803 18 Mar 1999 EAT Employment [ Bailii ]  Manyservice Ltd v Wilton [1999] UKEAT 1478_98_1803 18 Mar 1999 EAT Employment [ Bailii ]  O'Brien v Eagle Star Insurance Co Ltd [1999] UKEAT 917_98_1803 18 Mar 1999 EAT Employment [ Bailii ]  Bostwick v Hodge Jones and Allen [1999] UKEAT 1453_98_1903 19 Mar 1999 EAT Employment [ Bailii ]  Csoka v Richard Whittaker Ltd [1999] UKEAT 1328_98_1903 19 Mar 1999 EAT Employment [ Bailii ]  Audley v Vauxhall Motors Ltd [1999] UKEAT 1501_98_1903 19 Mar 1999 EAT Employment [ Bailii ]  Clouden v London Borough of Hackney [1999] UKEAT 594_98_1903 19 Mar 1999 EAT Employment [ Bailii ]  Rafiq v Perkins and others [1999] UKEAT 1391_98_1903 19 Mar 1999 EAT Employment [ Bailii ]  Simpson (Chilled Foods) Ltd vNewman [1999] UKEAT 35_99_2203 22 Mar 1999 EAT Employment [ Bailii ]  Smith v Optimum Health Services NHS Trust [1999] UKEAT 1387_98_2203 22 Mar 1999 EAT Employment [ Bailii ]  Smith v Zeneca Agrochemicals Ltd [1999] UKEAT 1450_98_2203 22 Mar 1999 EAT Employment [ Bailii ]  Honeycombe 78 Ltd v Cummins and others [1999] UKEAT 100_99_2203 22 Mar 1999 EAT Employment [ Bailii ]  David-John (the Llewelyn Surgery) v Girling [1999] UKEAT 1419_98_2203 22 Mar 1999 EAT Employment [ Bailii ]  Post Office v Jones [1999] UKEAT 83_99_2303 23 Mar 1999 EAT Employment, Discrimination Disability Discrimination Act 1995 1 Citers [ Bailii ]  Leicester University v A Times, 23 March 1999 23 Mar 1999 EAT Employment A body corporate was not an individual capable of protection from publicity in industrial tribunal proceedings in which some sexual misconduct was alleged. Nor is an incorporated body to be considered among the persons affected by such allegations. Employment Tribunals Act 1996 11(6)  Shah v London Borough of Brent [1999] UKEAT 1451_98_2303 23 Mar 1999 EAT Employment 1 Cites 1 Citers [ Bailii ]  Russell v Bacon's College of Timber and Another [1999] UKEAT 98_99_2303 23 Mar 1999 EAT Employment [ Bailii ]  Chief Constable of Hertfordshire v France [1999] UKEAT 97_99_2303 23 Mar 1999 EAT Employment [ Bailii ]  Cobrawatch Services Ltd v Hoey [1999] UKEAT 1346_98_2303 23 Mar 1999 EAT Employment [ Bailii ]  Soormally v Department of Social Security Benefit Agency [1999] UKEAT 125_98_2303 23 Mar 1999 EAT Employment [ Bailii ]  FW Farnsworth Ltd v McCoid [1999] IRLR 626; [1999] ICR 1047; [1999] EWCA Civ 1064 23 Mar 1999 CA Lord Woolf MR, Otton, Ward LJJ Employment Appeal as to the meaning of three words, those words being "as an individual" in section 146 of the 1992 Act. Trade Union and Labour Relations (Consolidation) Act 1992 146 [ Bailii ]  D'Souza v London Borough of Lambeth [1999] UKEAT 766_98_2303 23 Mar 1999 EAT Employment [ Bailii ]  Turner v Harada Ltd (T/A Chequepoint UK) [1999] UKEAT 310_99_2303 23 Mar 1999 EAT Morison P J Employment Appeal by Mr Turner against an Employment Tribunal's order that his case on the merits be not heard until after the Employment Appeal Tribunal has heard and determined an appeal by his former employers, which they wish to make against a previous decision of the Employment Tribunal, that held that they had jurisdiction to deal with Mr Turner's complaint. 1 Citers [ Bailii ]  Dwyer v Ford Motor Co Ltd [1999] UKEAT 1369_98_2303 23 Mar 1999 EAT Employment [ Bailii ]   Booth et Al v United States of America; EAT 24-Mar-1999 - Gazette, 24 March 1999; [1999] IRLR 16  Cooper v UK Auto Film Ltd [1999] UKEAT 1322_98_2403 24 Mar 1999 EAT Employment [ Bailii ]  Macmullen v Cooke (T/A the Netherton Nursing Home) [1999] UKEAT 1409_98_2403 24 Mar 1999 EAT Employment [ Bailii ]  Thomas v Merton Racial Equality Council [1999] UKEAT 30_99_2403 24 Mar 1999 EAT Employment [ Bailii ]  Riggall and others v Global Shipping Services Ltd [1999] UKEAT 1489_98_2403 24 Mar 1999 EAT Employment [ Bailii ]  Raspin v United Shops Ltd Gazette, 24 March 1999; [1999] IRLR 9 24 Mar 1999 EAT Judge Hicks QC Employment A breach of contract by an employer failing to follow disciplinary procedure which leaves an employee unable to pursue claim for unfair dismissal, was remediable as a breach of contract by wrongful dismissal and damages accordingly. What must be compared for the purposes of assessing damages was the position in which the employee found herself when dismissed, at a date when she had no right to complain of unfair dismissal, with the position in which she would have found herself had she been dismissed on or after the date at which the right to bring such a complaint arose: "Once one makes that comparison then one is inevitably, in our view, and in a perfectly orthodox way, in a situation where chances have to be evaluated, because there is no certainty as to what would have happened had she still been employed on 16th May [when the statutory right would have accrued to her] but the possibilities are limited." 1 Cites  Richard v British Council [1999] UKEAT 1382_98_2403 24 Mar 1999 EAT Employment [ Bailii ]  Awad v British Broadcasting Corporation [1999] UKEAT 1344_98_2403 24 Mar 1999 EAT Employment 1 Citers [ Bailii ]   Clark v TDG Limited (Trading As Novacold); CA 25-Mar-1999 - Times, 01 April 1999; [1999] IRLR 318; [1999] EWCA Civ 1091; [1999] ICR 951; [1999] Disc LR 240; (1999) 48 BMLR 1; [1999] 2 All ER 977   Rowlands v City of Bradford Metropolitan District Council; CA 26-Mar-1999 - [1999] EWCA Civ 1116  Niceday Ltd v Oyolu [1999] UKEAT 293_98_2603 26 Mar 1999 EAT Employment [ Bailii ]  Peat v Secretary of State for Trade and Industry [1999] UKEAT 31_98_2603 26 Mar 1999 EAT Employment [ Bailii ]  En'Wezoh v London Forum Hotel Ltd [1999] UKEAT 1153_98_2603 26 Mar 1999 EAT Employment [ Bailii ]  Royal Borough of Kensington and Chelsea v Pearson [1999] UKEAT 1275_97_2603 26 Mar 1999 EAT Employment [ Bailii ]  Pandya v Leicester City Council [1999] UKEAT 192_99_2603 26 Mar 1999 EAT Employment 1 Citers [ Bailii ]  Lewisham and Guys Mental Health NHS Trust v Andrews (Deceased) [1999] UKEAT 1510_98_2603 26 Mar 1999 EAT Employment [ Bailii ]  Angel and Another (T/A Impact Organisation) v Rhiti [1999] UKEAT 10_99_2603 26 Mar 1999 EAT Employment [ Bailii ]  New Century Cleaning Co Ltd v Church [1999] EWCA Civ 1112; [2000] IRLR 27 26 Mar 1999 CA Beldam LJ, Morritt LJ, Sedley LJ Employment The employer had withheld ten per cent of the claimant's wages, Employees worked in teams cleaning windows in office blocks. The team agreed how the fee for the block would be divided. The employer reduced its fees to customers, and accordingly the sums paid to the employees. It now appealed a finding of an unlawful deduction, saying that it had been prevented from calling cetain evidence. Held. There had been no significant dispute as to the facts, but the tribunal could not say that it evidence would not have been of assistance, and the matter was remitted ccordingly. Parliament did not limit the question of deductions to wages contractually ascertained, but extended it to all sums properly payable, and "on the present findings the system with which this case is concerned falls squarely within the statutory purpose and comfortably within the statutory language. " Employment Rights Act 1996 27(1)(a) 1 Cites 1 Citers [ Bailii ]  Keung v Chui [1999] UKEAT 1412_98_2603 26 Mar 1999 EAT Employment [ Bailii ]  Sam v Guys and St Thomas' Hospital Trust [1999] UKEAT 261_99_2903 29 Mar 1999 EAT Employment [ Bailii ]  N Bretherton v Sherman Treaters Ltd EAT/607/99 29 Mar 1999 EAT His Honour Judge Collins Cbe Employment EAT Redundancy - Fairness. [ EATn ]  M Mortimer v Black Horse Agencies Ltd EAT/696/98 29 Mar 1999 EAT The Honourable Mr Justice Morison (P) Employment EAT Unfair Dismissal - Reason for Dismissal  M Mortimer v Black Horse Agencies Ltd EAT/696/98 29 Mar 1999 EAT The Honourable Mr Justice Morison (P) Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ]  Crown Catering Ltd v Escalera [1999] UKEAT 394_99_2903 29 Mar 1999 EAT Employment [ Bailii ]  Bell v Lancaster City Council [1999] UKEAT 1380_98_2903 29 Mar 1999 EAT Employment 1 Citers [ Bailii ]  Graham v London Borough of Brent and others [1999] UKEAT 1208_98_2903 29 Mar 1999 EAT Employment [ Bailii ]  Lehva v Star Shipping Agencies Ltd [1999] UKEAT 1207_98_2903 29 Mar 1999 EAT Employment [ Bailii ]  Stafford v National Westminster Bank Plc [1999] UKEAT 1288_98_3003 30 Mar 1999 EAT Morison J P Employment Directions of evidence for appeal 1 Citers [ Bailii ]  London General Transport Services Ltd v Henry and others [1999] UKEAT 177_98_3003 30 Mar 1999 EAT Employment [ Bailii ]  Woodgate v Courage Ltd [1999] UKEAT 691_98_3003 30 Mar 1999 EAT Employment [ Bailii ]  Osei v Princess Grace Hospital [1999] UKEAT 1128_98_3003 30 Mar 1999 EAT Employment [ Bailii ]  PPP/Columbia Healthcare Ltd (T/A Wellington Hospital) v Campbell [1999] UKEAT 1502_98_3003 30 Mar 1999 EAT Employment [ Bailii ]   F W Farnsworth Limited v McCoid; CA 31-Mar-1999 - Times, 31 March 1999; Gazette, 21 April 1999; [1999] IRLR 626; [1999] EWCA Civ 1064   University of Nottingham v Eyett and Another (1); ChD 31-Mar-1999 - Gazette, 31 March 1999; Times, 03 December 1998  Ursula Riniker v University College London [1999] EWCA Civ 1156 31 Mar 1999 CA Evans LJ Employment, Litigation Practice, Limitation The writ office of the High Court unjustifiably rejected a writ which the plaintiff asked to be issued and did not issue it until the limitation period had expired. The court held that it had inherent jurisdiction to direct that the writ should be treated as if it had been issued on the date when it should have been issued. 1 Cites 1 Citers [ Bailii ]  Harakis v Department of Health [1999] UKEAT 803_98_0104 1 Apr 1999 EAT Employment [ Bailii ]  Clayton v Badger Inns Ltd [1999] UKEAT 373_98_0104 1 Apr 1999 EAT Employment [ Bailii ]  Hill v Hmv UK Ltd [1999] UKEAT 925_98_0104 1 Apr 1999 EAT Employment [ Bailii ]  Hewitt v W E Anfield and Co Ltd [1999] UKEAT 901_98_0104 1 Apr 1999 EAT Employment 1 Cites [ Bailii ]  Harvey-Bussell v Sun Alliance Group Plc and others [1999] UKEAT 721_98_0104 1 Apr 1999 EAT Employment [ Bailii ]  Palmer v Clark and Symonds Ltd [1999] UKEAT 388_98_0104 1 Apr 1999 EAT Employment [ Bailii ]  Chambers v Westminster City Council [1999] UKEAT 821_98_0104 1 Apr 1999 EAT Employment [ Bailii ]  Pendenque v Nottingham City Council [1999] UKEAT 733_98_0104 1 Apr 1999 EAT Employment [ Bailii ]  Saheid and Another v Churchill [1999] UKEAT 387_98_0104 1 Apr 1999 EAT Employment [ Bailii ]  Chorion Plc and Others v Lane Times, 07 April 1999; Gazette, 26 May 1999; CH-1999 00233 7 Apr 1999 ChD Laddie J Employment, Litigation Practice A former executive director brought a claim for unfair dismissal in the Employment Tribunal. Chorion brought proceedings in the Chancery Division alleging wrongful acts committed by him while he was a senior executive. Held: There was an overlap in the issues to be tried in both sets of proceedings, and it was wrong to have two tribunals investigating what are essentially the same facts. In case of an overlap between issues before an Industrial Tribunal and the High Court, the Tribunal matter should be stayed pending the outcome of the other case. Laddie J reached his conclusion that such an Order should be granted because: "it would be wrong for essentially the same serious issues to be run in two separate tribunals . . I have come to the conclusion, notwithstanding the powerful arguments advanced by Mr Collins, it would be wrong for essentially the same issues to be run in two separate tribunals. It seems to me that in view of the allegations of dishonesty which are to be found permeating the whole of this dispute it is right and proper that the issues should be determined in one set of proceedings. I am of the view that the preferable forum is the High Court." 1 Citers  Garg v Wolverhampton Health Authority and others [1999] UKEAT 252_95_0904 9 Apr 1999 EAT Employment [ Bailii ]  Cruden Construction Ltd v Rowlands and others [1999] UKEAT 453_99_1304 13 Apr 1999 EAT Employment [ Bailii ]  Woodhall v Greggs Plc (T/A the Bakers Oven) [1999] UKEAT 717_98_1304 13 Apr 1999 EAT Employment 1 Cites [ Bailii ]  Williams v Devon and Cornwall Constabulary [1999] UKEAT 17_99_1304 13 Apr 1999 EAT Employment [ Bailii ]  Gate Gourmet London Ltd v Jangra [1999] UKEAT 473_99_1304 13 Apr 1999 EAT Employment 1 Citers [ Bailii ]  P and O European Ferries (Dover) Ltd and Another v Iverson [1999] UKEAT 322_98_1304 13 Apr 1999 EAT Employment [ Bailii ]  Bull Information Systems Ltd v Joy and Rose [1999] UKEAT 452_99_1304 13 Apr 1999 EAT Peter Clark J Employment The claimants complained of unfair dismissal. The appellant company said that the contracts, as apprenticeships, did not give rise to continuous service accruals. The company appealed against a refusal of an adjournment of the hearing. Held. The appellant had not made out a sufficient error in law to allow the tribunal to overturn the interlocutory decision. 1 Cites [ Bailii ]  Post Office v Wilson [1999] UKEAT 762_98_1304 13 Apr 1999 EAT Employment The company appealed a finding of unfair dismissal. The tribunal found that the response was outside the range of reasonable responses by an employer. He had had a series of unrelated and genuine sickness absences, but had recovered and was fit to work. The tribunal had treated it as an ancapability dsmissal. The company now said it was 'some other reason'. Held: The tribunal had erred in misclassifying the basis of the dismissal. Since the tribunal had found the evidence uncontroversial, the appeal tribunal did not need to remit the case. The appeal was allowed. Employment Rights Act 1996 98 [ Bailii ]  Collins v John Ansell and Partners Ltd [1999] UKEAT 124_99_1404 14 Apr 1999 EAT Employment 1 Cites [ Bailii ]  Usman v Watford Borough Council [1999] UKEAT 169_98_1404 14 Apr 1999 EAT Employment [ Bailii ]  Addoo v Newham Healthcare NHS Trust [1999] UKEAT 1423_98_1404 14 Apr 1999 EAT Employment 1 Citers [ Bailii ]  Driskel v Peninsula Business Services Ltd and others [1999] UKEAT 1120_98_1404 14 Apr 1999 EAT Holland J Employment, Discrimination 1 Citers [ Bailii ]  Panter v Swan (Worthing) Ltd [1999] UKEAT 42_99_1404 14 Apr 1999 EAT Employment [ Bailii ]  Burns v London Borough of Waltham Forest [1999] UKEAT 1150_98_1404 14 Apr 1999 EAT Employment [ Bailii ]  Clark v Watford Borough Council [1999] UKEAT 43_99_1404 14 Apr 1999 EAT Employment [ Bailii ]  Liburd v Hideaway Youth Project [1999] UKEAT 37_99_1404 14 Apr 1999 EAT Employment [ Bailii ]  Butler v Preston and Another [1999] UKEAT 1332_98_1404 14 Apr 1999 EAT Employment [ Bailii ]  Swan (Worthing) Ltd v Panter [1999] UKEAT 41_99_1404 14 Apr 1999 EAT Employment [ Bailii ]  Bulindi v Osler and Another [1999] UKEAT 34_99_1404 14 Apr 1999 EAT Employment [ Bailii ]  Kerrigan v Rover Group Ltd [1999] UKEAT 1185_98_1404 14 Apr 1999 EAT Employment [ Bailii ]  Hammond v Sir John Fitzgerald Ltd [1999] UKEAT 1033_98_1404 14 Apr 1999 EAT Employment [ Bailii ]  Iyan v Firm Security Group Ltd [1999] UKEAT 1425_98_1404 14 Apr 1999 EAT Employment [ Bailii ]  Sohanpaul v Whitbread Plc [1999] UKEAT 135_99_1504 15 Apr 1999 EAT Employment [ Bailii ]  Asahi Diamond Industrial Co Ltd v Barrier [1999] UKEAT 31_99_1504 15 Apr 1999 EAT Employment [ Bailii ]  Quaker Oats Ltd v Siraj [1999] UKEAT 280_98_1504 15 Apr 1999 EAT Employment [ Bailii ]  St David's School v Head [1999] UKEAT 160_99_1504 15 Apr 1999 EAT Employment [ Bailii ]  Currant v Huntleigh Healthcare Ltd [1999] UKEAT 89_99_1504 15 Apr 1999 EAT Employment [ Bailii ]  X v Y and Another [1999] UKEAT 534_98_1504 15 Apr 1999 EAT Employment 1 Cites [ Bailii ]  British Airways v Moore and Another [1999] UKEAT 185_99_1504 15 Apr 1999 EAT Employment [ Bailii ]  Pybus v Milton-Davies [1999] UKEAT 1436_98_1904 19 Apr 1999 EAT Employment [ Bailii ]  Briggs v B and Q Plc [1999] UKEAT 1229_98_1904 19 Apr 1999 EAT Employment [ Bailii ]  Meatyard v St Edmund'S College and Another [1999] UKEAT 1434_98_1904 19 Apr 1999 EAT Employment [ Bailii ]  Anthony Archer; Richard William Wells v Nr Lyle (Male) and D L Morgan (Male) (Sued As Administrative Receivers of Dialatron Group Plc) [1999] EWCA Civ 1195 19 Apr 1999 CA Employment, Insolvency [ Bailii ]  Broudie and Another v Khan [1999] UKEAT 729_97_2004 20 Apr 1999 EAT Employment [ Bailii ]  Danquah v Sutcliffe Catering (Uk) Ltd [1999] UKEAT 1444_98_2004 20 Apr 1999 EAT Employment [ Bailii ]  Redcar and Cleveland Borough Council v O'Donoghue [1999] UKEAT 106_99_2004; [1999] UKEAT 1457_96_2004 20 Apr 1999 EAT Employment 1 Citers [ Bailii ] - [ Bailii ]  Noorani v Merseyside TEC Limited Gazette, 21 April 1999; (1999) IRLR 184 21 Apr 1999 EAT Employment A tribunal's discretion not to grant witness summonses because the witnesses appeared to be only of limited relevance was not to be interfered with, save where it was unreasonable. A tribunal can always act to remedy the refusal later if this appeared correct. 1 Cites 1 Citers  Varndell v Wimbledon and District YMCA [1999] UKEAT 404_99_2104 21 Apr 1999 EAT Employment 1 Cites [ Bailii ]  Hassan v General Medical Council [1999] UKEAT 380_99_2104 21 Apr 1999 EAT Employment [ Bailii ]  Patel v Rcms Limited (1999) Irlr 161 Gazette, 21 April 1999 21 Apr 1999 EAT Employment An employer's counterclaim before an industrial tribunal for damages for breach of contract, stood independent of the employee's claims. If the employee's claims are dismissed as out of time, the employer's claims can stand.  Lunt v Merseyside Tec Limited Gazette, 21 April 1999; (1999) ICR 17 21 Apr 1999 EAT Employment A compromise agreement anticipating termination of employment could compromise claims contemplated and identified, but could not debar 'a particular complaint' not referred to, in this case a sex discrimination claim. Employment Rights Act 1996 203  Versi v Godfrey [1999] UKEAT 1476_98_2104 21 Apr 1999 EAT Employment [ Bailii ]  Capitol Security Services Ltd v Lloyd [1999] UKEAT 1151_98_2204 22 Apr 1999 EAT Employment [ Bailii ]  Mansfield Brewery Plc v Collins [1999] UKEAT 255_99_2204 22 Apr 1999 EAT Employment [ Bailii ]  Shahrokni v Natfhe Union [1999] UKEAT 486_99_2204 22 Apr 1999 EAT Employment [ Bailii ]  Roberts v London General Transport Services Ltd [1999] UKEAT 128_99_2204 22 Apr 1999 EAT Employment [ Bailii ]  Hagag v Mayfair Inter Continental Hotel [1999] UKEAT 103_99_2304 23 Apr 1999 EAT Employment [ Bailii ]  Chapman v Lincoln and Louth NHS Trust [1999] UKEAT 88_99_2304 23 Apr 1999 EAT Byrt QC Employment [ Bailii ]  Omilaju v Waltham Forest and others [1999] UKEAT 1_99_2304 23 Apr 1999 EAT Employment, Discrimination 1 Citers [ Bailii ]  Lakareber v University of Portsmouth [1999] UKEAT 60_99_2304 23 Apr 1999 EAT Employment [ Bailii ]  Reed v East Riding of Yorkshire Council [1999] UKEAT 104_99_2304 23 Apr 1999 EAT Employment [ Bailii ]  Coyne v Home Office [1999] UKEAT 244_97_2304 23 Apr 1999 EAT Employment [ Bailii ]  Lynn v Rokeby School Governors and Another [1999] UKEAT 86_99_2304 23 Apr 1999 EAT Employment 1 Citers [ Bailii ]  Teasdale and Another (T/A the Birdham Hotel) v Kaz and Another [1999] UKEAT 51_99_2304 23 Apr 1999 EAT Employment [ Bailii ]  Bassey v Southend on Sea Borough Council [1999] UKEAT 1462_98_2304 23 Apr 1999 EAT Employment [ Bailii ]  Kudrath v Ministry of Defence Unreported, 26 April 1999 26 Apr 1999 EAT Employment That a matter of complaint against a member of the employment tribunal was not raised before that tribunal but only at the EAT was not held against the applicant. 1 Citers  Christian v Taskcrown Employment Agency and others [1999] UKEAT 1429_98_2604 26 Apr 1999 EAT Employment [ Bailii ]  Kudrath v Ministry of Defence [1999] UKEAT 422_97_2604 26 Apr 1999 EAT Employment [ Bailii ]  Sood v Aquapal Ltd (In Liquidation) [1999] UKEAT 1366_96_2704 27 Apr 1999 EAT Employment [ Bailii ]  Christou v Morpheus and Another [1999] UKEAT 498_99_2704 27 Apr 1999 EAT Employment [ Bailii ]  Anyia v London Borough of Ealing and others [1999] UKEAT 1404_98_2704 27 Apr 1999 EAT Employment [ Bailii ]  Mills and Allen Ltd v Bulwich [1999] UKEAT 154_99_2704 27 Apr 1999 EAT Employment [ Bailii ]  Graham v Bristol City Council [1999] UKEAT 511_98_2704 27 Apr 1999 EAT Employment [ Bailii ]  Asi Glass Processing Ltd v C Davies Birmingham Employment Tribunal [1999] EWCA Civ 1265 27 Apr 1999 CA Employment Redundancy - no consultation. [ Bailii ]  Waugh and Another v Glendale Industries Ltd [1999] UKEAT 186_99_2704 27 Apr 1999 EAT Employment [ Bailii ]  Fifer v London Borough of Hackney [1999] UKEAT 222_98_2704 27 Apr 1999 EAT Employment [ Bailii ]  Smith v Denso Manufacturing UK Ltd [1999] UKEAT 1454_98_2804 28 Apr 1999 EAT Employment [ Bailii ]  Southampton and District Health Authority and Another v Worsfold [1999] UKEAT 598_98_2804 28 Apr 1999 EAT Employment [ Bailii ]  Lawes v London Electricity Plc [1999] UKEAT 151_99_2804 28 Apr 1999 EAT Employment [ Bailii ]  Stanislas v Bedfordshire Police Authority and others [1999] UKEAT 14_99_2804 28 Apr 1999 EAT Employment [ Bailii ]  Vytelingum v Camden and Islington Community Health NHS Trust (2) [1999] UKEAT 1455_98_2804 28 Apr 1999 EAT Employment [ Bailii ]  Cockle v South Gloucestershire Council [1999] UKEAT 1482_98_2804 28 Apr 1999 EAT Employment [ Bailii ]  British Telecommunications Plc v Odusina and Another [1999] UKEAT 450_97_2804 28 Apr 1999 EAT Employment [ Bailii ]  Bruce v Thomas Miller and Co [1999] UKEAT 451_99_2804 28 Apr 1999 EAT Employment [ Bailii ]  Thames Valley Police v Kellaway [1999] UKEAT 1290_97_2804 28 Apr 1999 EAT Employment [ Bailii ]  Spain v Commission C-342/96 C-342/96; [1999] EUECJ C-342/96 29 Apr 1999 ECJ Taxes - Other, Employment (Judgment) State aid - Application of the statutory interest rate to agreements for the repayment of wages and the payment of debts in respect of social security contributions [ Bailii ]  Akateng v London Borough of Lambeth [1999] UKEAT 261_98_2904 29 Apr 1999 EAT Employment [ Bailii ]  Worthington v Balfour Beatty Rail Projects Ltd [1999] UKEAT 548_99_2904 29 Apr 1999 EAT Employment [ Bailii ]  Lorelei Leisure Ltd v Burn [1999] UKEAT 47_99_3004 30 Apr 1999 EAT Employment [ Bailii ]  Eltek (Uk) Ltd v Electrotech Personnel Services Ltd [1999] UKEAT 13_99_3009 30 Apr 1999 EAT Employment [ Bailii ]  Cavannah v Borough of Blackburn [1999] UKEAT 1484_98_3004 30 Apr 1999 EAT Employment [ Bailii ]  Mcguire v Initial Deborah Services Ltd [1999] UKEAT 1464_98_3004 30 Apr 1999 EAT Employment 1 Cites 1 Citers [ Bailii ]  Harakis v Department of Health [1999] UKEAT 1339_98_3004 30 Apr 1999 EAT Employment [ Bailii ]  Harris v Hart [1999] UKEAT 1341_98_0105 1 May 1999 EAT Employment [ Bailii ]  Bari v London Borough of Waltham Forest [1999] UKEAT 922_98_0105 1 May 1999 EAT Employment [ Bailii ]  Mmd (Shipping Services) Ltd v Philpott [1999] UKEAT 943_98_0105 1 May 1999 EAT Employment [ Bailii ]  Jedla v Proctor and Gamble (Health and Beauty Care) [1999] UKEAT 838_98_0105 1 May 1999 EAT Employment 1 Cites 1 Citers [ Bailii ]  Augustin v London Borough of Waltham Forest and others [1999] UKEAT 636_98_0105 1 May 1999 EAT Employment [ Bailii ]  Kavanagh v Seltzer Drinks Co [1999] UKEAT 651_98_0105 1 May 1999 EAT Employment [ Bailii ]  Bedwell v Devonshire and Partners (Falkland Surgery) [1999] UKEAT 944_98_0105 1 May 1999 EAT Employment [ Bailii ]  Dass v London Guildhall University [1999] UKEAT 664_98_0105 1 May 1999 EAT Employment 1 Cites 1 Citers [ Bailii ]  Huntingdon Life Sciences Ltd v Kirkby [1999] UKEAT 435_98_0105 1 May 1999 EAT Employment 1 Cites [ Bailii ]  Jones v Ahmed Tuck's Service Station [1999] UKEAT 676_98_0105 1 May 1999 EAT Employment [ Bailii ]  Clemance v Boyant Upholstery Ltd [1999] UKEAT 1214_98_0105 1 May 1999 EAT Employment [ Bailii ]  Ward (Deceased) v London United Airbus [1999] UKEAT 958_98_0105 1 May 1999 EAT Employment [ Bailii ]  Stevens v Jpm International Ltd [1999] UKEAT 910_98_0105 1 May 1999 EAT Employment [ Bailii ]  Sanni v Smithkline Beecham Ltd [1999] UKEAT 656_98_0105 1 May 1999 EAT Employment [ Bailii ]  Osler v YMCA Youth and Work Service [1999] UKEAT 893_98_0105 1 May 1999 EAT Employment [ Bailii ]  Eke v Peach and Another [1999] UKEAT 1430_98_0105 1 May 1999 EAT Employment [ Bailii ]  Fraher v London Borough of Barnet [1999] UKEAT 374_98_0105 1 May 1999 EAT Employment [ Bailii ]  Regis Europe Ltd v Kelly [1999] UKEAT 868_98_0105 1 May 1999 EAT Employment [ Bailii ]  Bilsborrow and Another v Liverpool City Council [1999] UKEAT 891_98_0105 1 May 1999 EAT Employment [ Bailii ]  Plaskett v Multitone Plc [1999] UKEAT 802_98_0105 1 May 1999 EAT Employment [ Bailii ]  Regina v West Yorkshire Fire and Civil Defence Authority and ex parte Lockwood and McCalman [1999] EWHC Admin 395 4 May 1999 Admn Burton J Employment The court considered the nature of the employment duties of retained firefighters: "their [i.e. whole time firefighter's] 'principal duty' or . . core obligation had been firefighting." 1 Cites 1 Citers  Todd and others v Concrete Repairs Ltd [1999] UKEAT 195_99_0405 4 May 1999 EAT Employment [ Bailii ]  Day v Johnson [1999] UKEAT 70_99_0505 5 May 1999 EAT Byrt QC HHJ Employment Raising of a particular question before deciding to give leave to appeal. [ Bailii ]  Westmoreland v Union Railways Ltd [1999] UKEAT 65_99_0505 5 May 1999 EAT Byrt QC HHJ Employment [ Bailii ]  Costain Building and Civil Engineering v Smith and Another [1999] UKEAT 141_99_0505 5 May 1999 EAT Construction, Employment This case raises a question as to whether an agency worker engaged in the construction industry was an employee of the building contractor. 1 Citers [ Bailii ]  Tom Sawyer and All Other Members of the Labour Party v R Ahsan EAT/1299/98; [2000] ICR 1; [1999] UKEAT 1299_98_0505 5 May 1999 EAT The Honourable Mr Justice Lindsay Discrimination, Employment EAT Race Discrimination - Jurisdiction Race Relations Act 1976 2(1) 1 Citers [ Bailii ] - [ EATn ]  Rover Group Ltd v Shazad [1999] UKEAT 215_99_0505 5 May 1999 EAT Employment Leave given [ Bailii ]  Windsor Life Assurance Co Ltd v Mulvaney [1999] EWCA Civ 1343 5 May 1999 CA Employment, Financial Services [ Bailii ]  Griffiths v Unison and Another [1999] UKEAT 1506_98_0505 5 May 1999 EAT Employment [ Bailii ]  Purdy v Betterware UK Ltd [1999] UKEAT 1431_98_0505 5 May 1999 EAT Employment [ Bailii ]  Texon UK v Hudson [1999] UKEAT 163_99_0505 5 May 1999 EAT Employment [ Bailii ]  London Borough of Camden v Pullen [1999] UKEAT 190_99_0605 6 May 1999 EAT Employment [ Bailii ]  Am v Wc and Another [1999] UKEAT 130_99_0605 6 May 1999 EAT Employment [ Bailii ]  Hodkinson v Environmental Building Maintenance Ltd [1999] UKEAT 2_99_0605 6 May 1999 EAT Employment [ Bailii ]  Gonnella v Benefits Agency [1999] UKEAT 1156_98_0705 7 May 1999 EAT Employment [ Bailii ]  C Maloney v London Borough of Hammersmith and Fulham; C Whatford; Governing Body of Hammersmith School and D A Williams [1999] EWCA Civ 1360 7 May 1999 CA Lord Justice Kennedy, Lord Justice Otton And Lord Justice Clarke Discrimination, Employment The claimant sought damages from the respondents. The case was listed to be heard over 25 days, but she sought an adjournment because of her own ill health. She appealed a refusal of the adjournment. The adjournment was refused on several grounds, including the great age of the action, and the need for a speedy answer because of the effects on others. The EAT had followed Mansell and refused to set aside an interlocutory order of the Employment Tribunal. Held: Appeals on matters not put to the EAT had to be refused. It could not be shown that the decisions of the ET and EAT were perverse. Others might have decided differently, but that was not the test. Sex Discrimination Act 1975 4 - Race Relations Act 1976 2 - Employment Tribunals (Constitution and Rules of Procedure) Regulations 1993 8 1 Cites [ Bailii ]  Robinson v Fairmont Group [1999] UKEAT 76_99_0705 7 May 1999 EAT Employment [ Bailii ]  Malyon v Kingswell [1999] UKEAT 114_99_0705 7 May 1999 EAT Employment [ Bailii ]  De Riggs v Dorchester Hotel Ltd [1999] UKEAT 1466_98_1005 10 May 1999 EAT Employment [ Bailii ]  Kumar v London Links Buses [1999] UKEAT 118_99_1005 10 May 1999 EAT Employment [ Bailii ]  England v South London Family Housing Association [1999] UKEAT 1472_98_1005 10 May 1999 EAT Employment [ Bailii ]  Mishriki v West Midlands Rha and others [1999] UKEAT 702_96_1005 10 May 1999 EAT Employment [ Bailii ]  Deman v Sheffield University and Another [1999] UKEAT 1067_98_1005 10 May 1999 EAT Employment [ Bailii ]  Raveneau v London Borough of Brent [1999] UKEAT 1175_96_1005 10 May 1999 EAT Employment [ Bailii ]  Allen v Cambridge School of English [1999] UKEAT 230_99_1005 10 May 1999 EAT Employment [ Bailii ]  Office Angels v Edwards [1999] UKEAT 176_99_1005 10 May 1999 EAT Employment [ Bailii ]  Afolayan v Star Texaco Ltd and others [1999] UKEAT 888_98_1005 10 May 1999 EAT Employment [ Bailii ]  Adams v Leicestershire Youth Training Trust [1999] UKEAT 530_99_1005 10 May 1999 EAT Employment [ Bailii ]  Janda v W&G Foyle and Co. Ltd and Another [1999] UKEAT 127_99_1005 10 May 1999 EAT Employment [ Bailii ]  Masters v Chatham Grammar School and Another [1999] UKEAT 1465_98_1005 10 May 1999 EAT Employment [ Bailii ]  Robins v Pinkerton Security Services [1999] UKEAT 222_99_1105 11 May 1999 EAT Employment [ Bailii ]  Warren v F C Brown Ltd [1999] UKEAT 5_99_1105 11 May 1999 EAT Employment [ Bailii ]  Rentokill Initial Security Services v Earle [1999] UKEAT 241_99_1105 11 May 1999 EAT Employment [ Bailii ]  G Bilsborrow, A Pevely v Liverpool City Council EAT/891/98 11 May 1999 EAT The Honourable Mr Justice Morison (P) Employment EAT Unlawful Deduction from Wages -  Ilangaratne v British Medical Association [1999] UKEAT 1408_98_1105 11 May 1999 EAT Employment 1 Cites 1 Citers [ Bailii ]  Nurdin and Peacock v Stevens [1999] UKEAT 223_99_1105 11 May 1999 EAT Employment [ Bailii ]  Lowwhite v Smithies [1999] UKEAT 216_99_1105 11 May 1999 EAT Employment [ Bailii ]  G Bilsborrow, A Pevely v Liverpool City Council EAT/891/98 11 May 1999 EAT The Honourable Mr Justice Morison (P) Employment EAT Unlawful Deduction from Wages - (no sub-topic). [ EATn ]   McPartland v Pybus; EAT 11-May-1999 - [1999] UKEAT 170_99_1105  Bellwood v BHB Community Health Care Trust [1999] UKEAT 226_99_1105 11 May 1999 EAT Employment [ Bailii ]  Harvey v Port of Tilbury London Ltd [1999] UKEAT 663_98_1205 12 May 1999 EAT Employment [ Bailii ]  Nagarajan v Standring and others [1999] UKEAT 147_99_1205 12 May 1999 EAT Employment [ Bailii ]  Marston v Halton Borough Council [1999] UKEAT 121_99_1205 12 May 1999 EAT Employment [ Bailii ]  Flamma-Hill v Michael Hopkins Architects and others [1999] UKEAT 1098_98_1205 12 May 1999 EAT Employment [ Bailii ]  Hardes v Henry Cook Lumsden Plc [1999] UKEAT 145_99_1205 12 May 1999 EAT Employment [ Bailii ]  Gittins v Packard and Ord Ltd (T/A Marlborough Tiles) [1999] UKEAT 1448_98_1205 12 May 1999 EAT Employment 1 Citers [ Bailii ]  Goddard v Hargreaves and others [1999] UKEAT 164_99_1205 12 May 1999 EAT Employment [ Bailii ]  Powergrade Ltd v Gow [1999] UKEAT 180_99_1205 12 May 1999 EAT Employment [ Bailii ]  Dowrick v Cats Protection League [1999] UKEAT 137_99_1205 12 May 1999 EAT Employment [ Bailii ]  Billau (T/A the Big Bike Co.) vLockhart [1999] UKEAT 205_99_1205 12 May 1999 EAT Employment [ Bailii ]  Taplin v London Borough of Tower Hamlets [1999] UKEAT 824_98_1305 13 May 1999 EAT Employment 1 Cites [ Bailii ]  Grewal v Northamptonshire County Council [1999] UKEAT 305_99_1305 13 May 1999 EAT Employment [ Bailii ]  Vadehra v UK Project Support Ltd [1999] UKEAT 603_99_1305 13 May 1999 EAT Employment [ Bailii ]  Moores v Bude-Stratton Town Council [1999] UKEAT 313_99_1305 13 May 1999 EAT Wilson J Employment Preliminary hearing in proposed appeal. 1 Citers [ Bailii ]  Charles Reynolds and Associates Ltd v Dand [1999] UKEAT 585_99_1305 13 May 1999 EAT Employment Appeal against the refusal of an Employment Tribunal to stay its proceedings pending the determination of other proceedings commenced in the County Court. [ Bailii ]  Sterling Coatings v Reed [1999] UKEAT 214_99_1405 14 May 1999 EAT Employment [ Bailii ]  Koksal v London Borough of Lewisham [1999] UKEAT 149_99_1405 14 May 1999 EAT Employment [ Bailii ]  Wood and others v William Ball Ltd [1999] UKEAT 552_98_1405 14 May 1999 EAT Employment [ Bailii ]  K Wood and others v William Ball Ltd EAT/552/98 14 May 1999 EAT The Honourable Mr Justice Morison (P) Employment EAT Equal Pay Act - (no sub-topic). [ EATn ]  Searle v Ambassador Travel (Anglia) [1999] UKEAT 204_99_1405 14 May 1999 EAT Employment [ Bailii ]  K Wood and others v William Ball Ltd EAT/552/98 14 May 1999 EAT The Honourable Mr Justice Morison (P) Employment EAT Equal Pay Act -  Grimstead and Son Ltd (T/A Eddy Grimstead Honda) v Brentnall [1999] UKEAT 188_99_1405 14 May 1999 EAT Employment [ Bailii ]  Barnes and others v Brush Transformers Ltd and Another [1999] UKEAT 256_99_1405 14 May 1999 EAT Employment [ Bailii ]  Allen v H Hargrave and Co [1999] UKEAT 150_99_1405 14 May 1999 EAT Employment 1 Cites 1 Citers [ Bailii ]  Childs v Evans and Sutherland Computer Ltd [1999] UKEAT 165_99_1705 17 May 1999 EAT Employment [ Bailii ]  Brandao v Globo International (London) [1999] UKEAT 263_99_1705 17 May 1999 EAT Employment [ Bailii ]  Fletcher v Sun Life Assurance Company of Canada (UK) [1999] UKEAT 175_99_1705 17 May 1999 EAT Employment [ Bailii ]  Lowe v Devon County Council and Another [1999] UKEAT 155_99_1705 17 May 1999 EAT Employment [ Bailii ]  Teo v Chang Hwa Commercial Bank Ltd [1999] UKEAT 209_99_1905 19 May 1999 EAT Employment [ Bailii ]   Coote v Granada Hospitality Ltd; EAT 19-May-1999 - Times, 03 June 1999; EAT/1332/95; [1999] UKEAT 1332_95_1905  Macmullen v Cooke (T/A the Netherton Nursing Home) [1999] UKEAT 240_99_1905 19 May 1999 EAT Employment [ Bailii ]  Raval v the London Borough of Camden [1999] UKEAT 187_99_1905 19 May 1999 EAT Employment [ Bailii ]  Penman v Edge and Another [1999] UKEAT 243_99_1905 19 May 1999 EAT Employment [ Bailii ]  Browne v London Borough of Redbridge [1999] UKEAT 235_99_1905 19 May 1999 EAT Employment [ Bailii ]  Barker v Westbridge International Ltd [1999] UKEAT 1180_98_1905 19 May 1999 EAT Judge Peter Clark Employment, Discrimination Disability Discrimination Act 1995 1 Citers [ Bailii ]  Cribb v Rayner [1999] UKEAT 181_99_1905 19 May 1999 EAT Employment [ Bailii ]  Mamdouh Barakat Risk Management v Moghadam [1999] UKEAT 1469_98_2005 20 May 1999 EAT Employment [ Bailii ]  Dunlop Tyres Ltd v Blows and others [1999] UKEAT 350_99_2005 20 May 1999 EAT Employment [ Bailii ]  Egbuchiri v Thistle Hotels Plc [1999] UKEAT 831_98_2005 20 May 1999 EAT Employment [ Bailii ]  Macbride v London Borough of Hammersmith and Fulham [1999] UKEAT 187_98_2005 20 May 1999 EAT Employment [ Bailii ]  National Car Parks Ltd v Gower [1999] UKEAT 271_99_2005 20 May 1999 EAT Employment [ Bailii ]  Wainwright v Saisan Residential Care Home [1999] UKEAT 329_99_2005 20 May 1999 EAT Employment [ Bailii ]  Jones v Lingfield Leisure Plc [1999] EWCA Civ 1456 20 May 1999 CA Employment [ Bailii ]  Solesi v Waltham Forest Borough Council and others [1999] UKEAT 67_99_2005 20 May 1999 EAT Employment [ Bailii ]  City and Hackney Community Services NHS Trust v Nwosu [1999] UKEAT 935_98_2005 20 May 1999 EAT Employment 1 Cites [ Bailii ]  Brown v Luxrad Ltd (T/A Surbiton Hill Garage) [1999] UKEAT 1255_97_2105 21 May 1999 EAT Employment [ Bailii ]  Sikander v Tesco Stores Ltd [1999] UKEAT 199_99_2105 21 May 1999 EAT Employment [ Bailii ]  Coutts and Co v Davies [1999] UKEAT 306_99_2105 21 May 1999 EAT Employment [ Bailii ]  B Afolayan v Star Texaco Ltd and others EAT/888/98 24 May 1999 EAT The Honourable Mr Justice Morison (President) Employment EAT Procedural Issues - Employment Tribunal  B Afolayan v Star Texaco Ltd and others EAT/888/98 24 May 1999 EAT The Honourable Mr Justice Morison (President) Employment EAT Procedural Issues - Employment Tribunal. [ EATn ]  Lodhi and Another v United Bank Ltd [1999] UKEAT 1101_98_2405 24 May 1999 EAT Employment 1 Cites 1 Citers [ Bailii ]  Hanman v Prison Department [1999] UKEAT 415_99_2405 24 May 1999 EAT Employment [ Bailii ]  Joseph v Carphone Warehouse [1999] UKEAT 1113_98_2405 24 May 1999 EAT Employment [ Bailii ]  Valton v London Borough of Hackney [1999] UKEAT 410_99_2405 24 May 1999 EAT Employment [ Bailii ]  Aikens v Shubette Ltd [1999] UKEAT 1257_98_2405 24 May 1999 EAT Employment [ Bailii ]  Constantine v Mcgregor Cory Ltd [1999] UKEAT 236_99_2505 25 May 1999 EAT Employment [ Bailii ]  Candecca Resources Ltd v Bishop [1999] UKEAT 1083_98_2505 25 May 1999 EAT Employment [ Bailii ]  T Jones v K Ahmed Tuck's Service Station EAT/676/98 25 May 1999 EAT His Honour Judge Peter Clark Employment EAT Unfair Dismissal - Reason for Dismissal  Exeter School v Wright [1999] UKEAT 354_99_2505 25 May 1999 EAT Employment [ Bailii ]  Fulton Holdings Ltd v Akori [1999] UKEAT 319_99_2505 25 May 1999 EAT Employment [ Bailii ]  Hartley v Dudley Groups Hospital NHS Trust [1999] UKEAT 403_99_2505 25 May 1999 EAT Employment [ Bailii ]  T Jones v K Ahmed Tuck's Service Station EAT/676/98 25 May 1999 EAT His Honour Judge Peter Clark Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ]  Aintree Hospital Trust v Unison and Another [1999] UKEAT 287_99_2505 25 May 1999 EAT Employment 1 Citers [ Bailii ]  Jawhary v Ibca Ltd [1999] UKEAT 1053_98_2505 25 May 1999 EAT Employment [ Bailii ]  M H Bingham Caterers v Chappell [1999] UKEAT 318_99_2505 25 May 1999 EAT Employment [ Bailii ]   Aziz v Bethnal Green City Challenge Company Limited; CA 25-May-1999 - [1999] EWCA Civ 1479; [2000] IRLR 111  Long v Michael John Partnership [1999] UKEAT 308_99_2605 26 May 1999 EAT Employment [ Bailii ]  Vaughn v Liverpool City Council [1999] UKEAT 344_99_2605 26 May 1999 EAT Employment [ Bailii ]  Davis v Metropolitan Police Service [1999] UKEAT 519_99_2605 26 May 1999 EAT Employment [ Bailii ]  Tomos Watkin and Sons Ltd v Pugh [1999] UKEAT 340_99_2605 26 May 1999 EAT Employment [ Bailii ]  Lyons v London Borough of Newham [1999] UKEAT 1546_98_2605 26 May 1999 EAT Employment [ Bailii ]  Powdershire Ltd v Desir [1999] UKEAT 1100_98_2605 26 May 1999 EAT Employment [ Bailii ]  Sannino v Cardiff Mind Ltd [1999] UKEAT 1176_98_2605 26 May 1999 EAT Employment [ Bailii ]  Canniffe v East Riding of Yorkshire Council [1999] UKEAT 1035_98_2605 26 May 1999 EAT Employment 1 Citers [ Bailii ]  Reuters Ltd v Snowden [1999] UKEAT 242_99_2705 27 May 1999 EAT Employment [ Bailii ]  How Produce Catering Ltd v Bell [1999] UKEAT 409_99_2705 27 May 1999 EAT Employment [ Bailii ]  Arthur Anderson (A Firm) and Another v Taylor [1999] UKEAT 413_99_2705 27 May 1999 EAT Employment [ Bailii ]  Evans v Oaklands Nursing Homes Group Ltd [1999] UKEAT 331_99_2705 27 May 1999 EAT Employment [ Bailii ]  Kapadia v London Borough of Lambeth [2000] IRLR 699; [1999] UKEAT 1004_98_2705; (2001) 57 BMLR 170 27 May 1999 EAT Peter Clark J Employment, Discrimination The claimant appealed against rejection of his claim for disability discrimination which had been on the ground that his condition did not amount to a disability within section 1(1). He suffered from anxiety, stress, tension and depression. Held: The claimant's appeal succeeded. Peter Clark J said: "There was no evidence as to the effect on day-to-day activities in the sense that no evidence was called from friends, family or colleagues. However, there was uncontested medical opinion evidence from the appellant's General Practitioner and Consultant Clinical Psychologist that he was disabled within the meaning of the Act." Whilst it can be possible for a tribunal to reject uncontested medical evidence for good reason, here they had simply disregarded it. That was not acceptable, and this was a case where the EAT could substitute its own decision as to the facts. Disability Discrimination Act 1995 1(1) 1 Cites 1 Citers [ Bailii ]  Blanton v London Elizabeth Hotel [1999] UKEAT 1065_98_2705 27 May 1999 EAT Employment [ Bailii ]  Maguinness v Surrey County Council [1999] UKEAT 1282_98_2705 27 May 1999 EAT Employment [ Bailii ]  London Borough of Hillingdon v Morgan [1999] UKEAT 1493_98_2705 27 May 1999 EAT Employment [ Bailii ]  John Amorifer Uzoamaka v Conflict and Change Limited [1999] EWCA Civ 1526 28 May 1999 CA Employment [ Bailii ]  Lawson v Allied Schools [1999] UKEAT 202_99_2805 28 May 1999 EAT Employment [ Bailii ]  Dunlop Tyres Ltd v Blows and others [1999] UKEAT 350_99_2905 29 May 1999 EAT Employment [ Bailii ]  Mitre Plastics Ltd v Sullivan [1999] UKEAT 996_98_0106 1 Jun 1999 EAT Employment [ Bailii ]  Adebayo and Another v Swirl Services Group [1999] UKEAT 665_98_0106 1 Jun 1999 EAT Employment [ Bailii ]  Davidson v Ministry of Defence [1999] UKEAT 908_98_0106 1 Jun 1999 EAT Employment [ Bailii ]  Dickson v Stoke on Trent College [1999] UKEAT 623_98_0106 1 Jun 1999 EAT Employment [ Bailii ]  Knight v King Edward Vi Grammar School-Louth [1999] UKEAT 963_98_0106 1 Jun 1999 EAT Employment [ Bailii ]  Mcleod v Ecovert South Ltd [1999] UKEAT 624_98_0106 1 Jun 1999 EAT Employment [ Bailii ]  Dass v London Guildhall University [1999] UKEAT 664_98_0106 1 Jun 1999 EAT Employment 1 Cites [ Bailii ]  Norris Computing Ltd v Croft [1999] UKEAT 928_98_0106 1 Jun 1999 EAT Employment [ Bailii ]  Smith (T/A Wimbourne Pet Centre) v Tyler [1999] UKEAT 714_98_0106 1 Jun 1999 EAT Employment 1 Cites [ Bailii ]  Takodara v London Borough of Brent [1999] UKEAT 981_98_0106 1 Jun 1999 EAT Employment [ Bailii ]  Thomas v University of North London [1999] UKEAT 927_98_0106 1 Jun 1999 EAT Employment [ Bailii ]  Vaux Breweries Ltd v Mcnaughton [1999] UKEAT 937_98_0106 1 Jun 1999 EAT Employment [ Bailii ]  William West and Sons (Ilkeston) Ltd v Fairgieve and others and Another [1999] UKEAT 701_98_0106 1 Jun 1999 EAT Employment [ Bailii ]  Libbertons Butchers Ltd v Willis [1999] UKEAT 1194_98_0106 1 Jun 1999 EAT Employment [ Bailii ]  Yassine v Bressingham Holdings Ltd (T/A Eagle Crest Ltd) [1999] UKEAT 900_98_0106 1 Jun 1999 EAT Employment [ Bailii ]  M Taylor v Connex South Eastern Ltd EAT/1243/99 5 Jun 1999 EAT His Honour Judge Wilkie QC Employment EAT Unfair Dismissal - Reason for Dismissal  M Taylor v Connex South Eastern Ltd EAT/1243/99 5 Jun 1999 EAT His Honour Judge Wilkie Qc Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ]  Ms C Chaffin v Wansbroughs Willey Hargrave EAT/65/98 7 Jun 1999 EAT The Honourable Mr Justice Morison (President) Employment EAT Procedural Issues - Employment Tribunal. [ EATn ]  Preston v Johnston and Another (T/A Tom Henry's Restaurant) [1999] UKEAT 389_99_0706 7 Jun 1999 EAT Employment [ Bailii ]  Wolex v Radio Taxicabs (London) Ltd [1999] UKEAT 416_99_0706 7 Jun 1999 EAT Employment [ Bailii ]  Bennett v Public Trust Office [1999] UKEAT 1327_98_0706 7 Jun 1999 EAT Employment [ Bailii ]  React Staffing Agency v Benstead [1999] UKEAT 224_99_0706 7 Jun 1999 EAT Employment [ Bailii ]  Harris v Post Office (Royal Mail) [1999] UKEAT 171_99_0706 7 Jun 1999 EAT Employment [ Bailii ]  Noel v Employment Tribunal Service [1999] UKEAT 259_99_0706 7 Jun 1999 EAT Employment 1 Cites [ Bailii ]  Leavers v Victoria University of Manchester [1999] UKEAT 167_99_0706 7 Jun 1999 EAT Employment [ Bailii ]  Chaffin v Wansbroughs Willey Hargrave EAT/65/98; [1999] UKEAT 65_98_0706 7 Jun 1999 EAT The Honourable Mr Justice Morison (President) Employment EAT Procedural Issues - Employment Tribunal 1 Cites 1 Citers [ Bailii ]  John E Melville v Brown Brothers and Co Ltd EAT/110/00 8 Jun 1999 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. 1 Citers [ EAT ]  Luigi Macari v Celtic Football and Athletic Co Ltd [1999] ScotCS 138; 1999 SC 628 8 Jun 1999 SCS Lord President Rodger, Lord Marnoch, Lord Caplan Scotland, Contract, Employment One of the issues was whether Mr Macari had been entitled to refuse to carry out the instructions of the managing director because the club were in breach of another obligation to him under the contract between the parties. Held. In the context of the employer/employee contract, the implied obligation of trust and confidence to be found in that relationship fell to be seen as striking at the very root of the contractual relationship between the parties and that all the other obligations in the contract could be seen as the counterpart of that obligation. Lord Caplan said: "The retention of performance must be directed at a failure on the part of the other party to perform a counterpart obligation. Moreover for retention to be available there must be a continuing failure to perform the counterpart obligation. No retention arises in respect of a past breach of contract by the other party." Lord President Rodger said: "This authoritative gloss by Lord Jauncey confirms that the law does not regard each and every obligation by one party as being necessarily and invariably the counterpart of every obligation by others. One has to have regard to the circumstances. Lord Jauncey deduces from this that a material breach by one party of a particular term of a contract does not of itself mean that he cannot require the other to perform any of his obligations under his contract. Rather, the party in breach cannot insist on the other party performing his obligations in relation to the part of the contract of which the first party is in breach." 1 Cites 1 Citers [ Bailii ] - [ ScotC ]  Kimberley-Little v Puccinos Ltd [1999] UKEAT 201_99_0906 9 Jun 1999 EAT Employment [ Bailii ]   Neary and Neary v Dean of Westminster; 9-Jun-1999 - Gazette, 09 June 1999; [1999] IRLR 288  Jarmain and Son Ltd v Mannion and Another [1999] UKEAT 240_98_0906 9 Jun 1999 EAT Employment [ Bailii ]  Ajikawo v Hristova [1999] UKEAT 279_99_0906 9 Jun 1999 EAT Employment [ Bailii ]  Nathan v the Secretary of State for Trade and Industry [1999] UKEAT 692_99_1006 10 Jun 1999 EAT Employment [ Bailii ]  M S O'Connell v Thames Water Utilities Plc EAT/903/98; [1999] UKEAT 903_98_0106 10 Jun 1999 EAT The Honourable Mr Justice Charles Employment EAT Redundancy - Other 1 Cites [ Bailii ]  J Mcleod, Ecovert South Ltd v Ecovert South Ltd, J Mcleod EAT/624/98 10 Jun 1999 EAT His Honour Judge Peter Clark Employment EAT Unfair Dismissal - Procedural Fairness  M S O'Connell v Thames Water Utilities Plc EAT/903/98 10 Jun 1999 EAT The Honourable Mr Justice Charles Employment EAT Redundancy - Other - [ EATn ]  J Mcleod, Ecovert South Ltd v Ecovert South Ltd, J Mcleod EAT/624/98 10 Jun 1999 EAT His Honour Judge Peter Clark Employment EAT Unfair Dismissal - Procedural fairness/automatically unfair dismissal. [ EATn ]   Clancy v Cannock Chase Technical College; CA 11-Jun-1999 - [1999] EWCA Civ 1559  Secrett v Macmahon and others [1999] UKEAT 295_99_1106 11 Jun 1999 EAT Employment [ Bailii ]  Spindlow v Starpoint Electronics Ltd [1999] UKEAT 262_99_1406 14 Jun 1999 EAT Employment [ Bailii ]  A Clitherow v P Gallop EAT/863/97 14 Jun 1999 EAT His Honour Judge Peter Clark Employment EAT Transfer of Undertakings - Transfer  M J Benyon and others v David Scadden and others Gazette, 10 November 1999; [1999] IRLR 700; EAT/1269/98; [1999] UKEAT 1269_98_1406 14 Jun 1999 EAT The Honourable Mr Justice Lindsay Employment, Costs The tribunal had found that the claimants and their union had pursued their case, even though they recognised the weakness of the case, with the additional intention of persuading their employer to recognise their union, UNISON. Such behaviour was an abuse of the Industrial Tribunal system, and it was proper to reflect that misbehaviour in an award for costs. EAT Procedural Issues - Employment Tribunal 1 Cites 1 Citers [ Bailii ]  United Bank Ltd v Mahmood [1999] UKEAT 704_99_1406 14 Jun 1999 EAT Employment [ Bailii ]  Hibbert v National Association of Citizens Advice Bureaux [1999] UKEAT 1195_98_1406 14 Jun 1999 EAT Employment [ Bailii ]  M J Benyon and others v David Scadden and others EAT/1269/98 14 Jun 1999 EAT The Honourable Mr Justice Lindsay Employment EAT Procedural Issues - Employment Tribunal. [ EATn ]  Getten v Nottinghamshire County Council Social Services [1999] UKEAT 102_99_1406 14 Jun 1999 EAT Employment [ Bailii ]  Clitherow v Gallop [1999] UKEAT 863_97_1406 14 Jun 1999 EAT Employment [ Bailii ]  A Clitherow v P Gallop EAT/863/97 14 Jun 1999 EAT His Honour Judge Peter Clark Employment EAT Transfer of Undertakings - Transfer. [ EATn ]  Di Giuseppe v Yamaichi International Ltd [1999] UKEAT 248_99_1406 14 Jun 1999 EAT Employment [ Bailii ]  Chebli vEurostar (Uk) Ltd and Another [1999] UKEAT 307_99_1406 14 Jun 1999 EAT Employment [ Bailii ]  Aaroncare Partnership v Davies [1999] UKEAT 280_99_1506 15 Jun 1999 EAT Employment [ Bailii ]  Mante v Newham Community Health Services NHS Trust [1999] UKEAT 444_99_1506 15 Jun 1999 EAT Employment 1 Cites [ Bailii ]  David Smith T/A Wimbourne Pet Centre v J Tyler EAT/714/98 15 Jun 1999 EAT The Honourable Mr Justice Charles Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ]  Bryan v London General Transport Services [1999] UKEAT 464_99_1506 15 Jun 1999 EAT Employment [ Bailii ]  Comtec (Essex) Ltd v Stuart [1999] UKEAT 1395_98_1506 15 Jun 1999 EAT Employment [ Bailii ]  Court v Gloucester Royal NHS Trust and Another [1999] UKEAT 330_99_1506 15 Jun 1999 EAT Employment 1 Cites [ Bailii ]  Husseini v Camden Itec [1999] UKEAT 375_99_1506 15 Jun 1999 EAT Employment [ Bailii ]  Crystal Cleaning Company (Uk) Ltd v Chandler [1999] UKEAT 387_99_1506 15 Jun 1999 EAT Employment [ Bailii ]  David Smith T/A Wimbourne Pet Centre v J Tyler EAT/714/98 15 Jun 1999 EAT The Honourable Mr Justice Charles Employment EAT Unfair Dismissal - Reason for Dismissal  Austin and others v London Regional Transport [1999] UKEAT 496_99_1506 15 Jun 1999 EAT Employment [ Bailii ]  Simon v David Alterman and Co [1999] UKEAT 376_99_1606 16 Jun 1999 EAT Employment [ Bailii ]  Selectapak Ltd v Nash [1999] UKEAT 1392_98_1606 16 Jun 1999 EAT Employment [ Bailii ]  Williams v Deliveries Direct Logistics Ltd [1999] UKEAT 1399_98_1606 16 Jun 1999 EAT Employment [ Bailii ]  C Dickson v Stoke on Trent College EAT/623/98 16 Jun 1999 EAT His Honour Judge Altman Employment EAT Unfair Dismissal - Other [ EATn ]  Harman (T/A High Cross Residential Home) v Shaw [1999] UKEAT 412_99_1606 16 Jun 1999 EAT Employment [ Bailii ]  Panasonic Business Systems Sales (Uk) Ltd v Thomson [1999] UKEAT 686_99_1606 16 Jun 1999 EAT Employment [ Bailii ]  Chequepoint (Uk) Ltd v Betsy [1999] UKEAT 138_99_1606 16 Jun 1999 EAT Employment [ Bailii ]  Dring v Newbridge Networks Ltd [1999] UKEAT 315_99_1606 16 Jun 1999 EAT Employment [ Bailii ]  C Dickson v Stoke on Trent College EAT/623/98 16 Jun 1999 EAT His Honour Judge Altman Employment EAT Unfair Dismissal - Other  London Borough of Enfield v Arnold and Another [1999] UKEAT 458_99_1706 17 Jun 1999 EAT Employment [ Bailii ]  Greenwood v British Airways Plc [1999] UKEAT 867_98_1706; [1999] ICR 969 17 Jun 1999 EAT His Honour Judge Peter Clark Employment, Discrimination The tribunal considered a disability discrimination appeal. Held: "In our judgment the tribunal fell into error by considering the question of disability only as at the date of the alleged discriminatory act. We are quite satisfied, as the Guidance makes clear, that the tribunal should consider the adverse effects of the applicant's condition up to and including the industrial tribunal hearing. By disregarding its findings of fact as to the actual recurrence of the adverse effects of the applicant's condition which led him to go off work by reason of depression on 16 August 1997 and to continue off work until the date of the tribunal hearing the tribunal's approach was fatally flawed." Disability Discrimination Act 1995 1 Citers [ Bailii ]   Glennie v Independent Magazines (UK) Limited; CA 17-Jun-1999 - Times, 25 June 1999; Gazette, 10 November 1999; (1999) IRLR 729; [1999] EWCA Civ 1611; [1999] IRLR 719  James v Northern Leisure Inc Plc [1999] UKEAT 372_99_1706 17 Jun 1999 EAT Employment [ Bailii ]  Castel v Dillons the Bookstore [1999] UKEAT 272_99_1706 17 Jun 1999 EAT Employment [ Bailii ]  J Davidson v Ministry of Defence EAT/908/98 17 Jun 1999 EAT His Honour Judge J Altman Employment EAT Time Limits -  Premier Associates v Fyfe [1999] UKEAT 257_99_1706 17 Jun 1999 EAT Employment [ Bailii ]  British Gas Services Ltd v McCaull [1999] UKEAT 379_99_1706 17 Jun 1999 EAT Employment 1 Citers [ Bailii ]  M Pellowe v Pendragon Plc EAT/804/98; [1999] UKEAT 804_98_0106 17 Jun 1999 EAT His Honour Judge Peter Clark Employment EAT Contract of Employment - Breach of Contract 1 Cites [ Bailii ] - [ EATn ]  Castel v Dillons the Bookstore [1999] UKEAT 267_99_1706 17 Jun 1999 EAT Employment [ Bailii ]  Lambert v M and J Engineers Ltd [1999] UKEAT 508_99_1706 17 Jun 1999 EAT Employment [ Bailii ]  J Davidson v Ministry of Defence EAT/908/98 17 Jun 1999 EAT His Honour Judge J Altman Employment EAT Time Limits - (no sub-topic) [ EATn ]  Kiverstein v Department of Transport and others [1999] UKEAT 150_97_1806 18 Jun 1999 EAT Employment [ Bailii ]  R Yassine v Bressingham Holdings Ltd T/A Eagle Crest Ltd EAT/900/98EAT/900/98 18 Jun 1999 EAT His Honour Judge John Altman Employment EAT Contract of Employment - Breach of Contract. [ EATn ]  Reeves and Another v Roberts Yorkshire Kitchen Ltd [1999] UKEAT 1468_98_1806 18 Jun 1999 EAT Employment [ Bailii ]  Gormley (Marble Specialists) Ltd v G J Johnson EAT/1110/98 18 Jun 1999 EAT His Honour Judge Wilkie Qc Employment EAT Procedural Issues - Employment Tribunal. [ EATn ]  Ma v Shasonic Ltd [1999] UKEAT 368_99_1806 18 Jun 1999 EAT Employment [ Bailii ]  Gormley (Marble Specialists) Ltd v Johnson [1999] UKEAT 1110_98_1806 18 Jun 1999 EAT Employment [ Bailii ]  Gormley (Marble Specialists) Ltd v G J Johnson EAT/1110/98 18 Jun 1999 EAT His Honour Judge Wilkie QC Employment EAT Procedural Issues - Employment Tribunal  R Yassine v Bressingham Holdings Ltd T/A Eagle Crest Ltd EAT/900/98 18 Jun 1999 EAT His Honour Judge John Altman Employment EAT Contract of Employment - Breach of Contract  Bigmore v John Dickinson Stationery Ltd [1999] UKEAT 1427_98_2106 21 Jun 1999 EAT Employment [ Bailii ]  Tabani v United Bank Ltd [1999] UKEAT 585_98_2106 21 Jun 1999 EAT Employment 1 Cites [ Bailii ]  Slocombe v Entrelec (Uk) Ltd [1999] UKEAT 1241_96_2106 21 Jun 1999 EAT Employment [ Bailii ]  D Slocombe v Entrelec (Uk) Ltd EAT/1241/96 EAT/1329/98 21 Jun 1999 EAT His Honour Judge Peter Clark Employment EAT Unfair Dismissal - Compensation. [ EATn ]  Broudie and Another v Khan [1999] UKEAT 729_97_2106 21 Jun 1999 EAT Employment [ Bailii ]  Gill v Whitbreads Ltd [1999] UKEAT 183_98_2106 21 Jun 1999 EAT Employment [ Bailii ]  D Slocombe v Entrelec (Uk) Ltd EAT/1329/98; EAT/1241/96 21 Jun 1999 EAT His Honour Judge Peter Clark Employment EAT Unfair Dismissal - Compensation  Turner v Northamptonshire Magistrates Courts Committee [1999] UKEAT 355_99_2106 21 Jun 1999 EAT Employment [ Bailii ]  Glenlake Computers Ltd v Hards [1999] UKEAT 434_99_2106 21 Jun 1999 EAT Employment [ Bailii ]  the London Borugh of Southwark v Davis [1999] UKEAT 441_99_2206 22 Jun 1999 EAT Employment [ Bailii ]  Adoko v Law Society [1999] UKEAT 219_97_2206 22 Jun 1999 EAT Employment [ Bailii ]  Tramboo Partnership v A Mahmood and N Yousef EAT/1316/98 22 Jun 1999 EAT His Honour Judge J Altman Employment EAT Procedural Issues - Employment Tribunal  Green v Wellcare Nursing Homes Ltd [1999] UKEAT 1131_98_2206 22 Jun 1999 EAT Employment [ Bailii ]  Tramboo Partnership v A Mahmood and N Yousef EAT/1316/98 22 Jun 1999 EAT His Honour Judge J Altman Employment EAT Procedural Issues - Employment Tribunal. [ EATn ]  Tramboo Partnership v Mahmood and Another [1999] UKEAT 1316_98_2206 22 Jun 1999 EAT Employment [ Bailii ]  Awad v British Broadcasting Corporation [1999] UKEAT 1344_98_2206 22 Jun 1999 EAT Employment 1 Cites [ Bailii ]  Selly v Robert Bosch Ltd [1999] UKEAT 338_99_2306 23 Jun 1999 EAT Employment [ Bailii ]  Moore v Travelsphere Ltd and others [1999] UKEAT 738_97_2306 23 Jun 1999 EAT Employment 1 Cites [ Bailii ]  Olabisi v Jewish Care [1999] UKEAT 439_99_2306 23 Jun 1999 EAT Employment [ Bailii ]  Lovell v Frances Clarke Ltd [1999] UKEAT 285_99_2306 23 Jun 1999 EAT Employment [ Bailii ]  Oshinusi v Moving Venue Caterers Ltd and others [1999] UKEAT 335_99_2306 23 Jun 1999 EAT Employment 1 Citers [ Bailii ]  London Underground Ltd v Bragg [1999] UKEAT 847_98_2306; EAT/847/98 23 Jun 1999 EAT The Honourable Mr Justice Lindsay Employment, Discrimination EAT Disability Discrimination - Disability. 1 Cites [ Bailii ] - [ EATn ]  Lewis v Blue Arrow Care Ltd [1999] UKEAT 694_99_2306 23 Jun 1999 EAT Employment [ Bailii ]  IPC Magazines Ltd v Clements [1999] UKEAT 456_99_2306 23 Jun 1999 EAT Employment 1 Cites 1 Citers [ Bailii ]  Vaux Breweries Ltd v I Mcnaughton EAT/937/98 23 Jun 1999 EAT His Honour Judge Peter Clark Employment EAT Unfair Dismissal - Procedural fairness/automatically unfair dismissal. [ EATn ]  Vaux Breweries Ltd v I Mcnaughton EAT/937/98 23 Jun 1999 EAT His Honour Judge Peter Clark Employment EAT Unfair Dismissal - Procedural Fairness  Joseph Hoyle and Son Limited (Present ) v Akbar Ali Nazir Mohammad Nazir Ahmad Mohammad Afzal Mohammad Sharif Abdul Shakoor Bashir Ahmad Mohammad Salim Mohammad Zubair Aziz (Present ) [1999] EWCA Civ 1655 23 Jun 1999 CA Employment [ Bailii ]  El A'Bed v British Broadcasting Corporation [1999] UKEAT 1335_98_2306 23 Jun 1999 EAT Employment [ Bailii ]  Jackson v East Sussex County Council [1999] UKEAT 270_99_2306 23 Jun 1999 EAT Employment [ Bailii ]  Flairmark Ltd v Allen and others [1999] UKEAT 484_99_2406 24 Jun 1999 EAT Employment [ Bailii ]  Healy and others v Corporation of London [1999] UKEAT 761_98_2406 24 Jun 1999 EAT Employment 1 Cites [ Bailii ]  Dhariwal v London Borough of Greenwich [1999] UKEAT 276_96_2406 24 Jun 1999 EAT Employment [ Bailii ]  Joan Bell Pritchard v Ministry of Defence [1999] EWCA Civ 1670 24 Jun 1999 CA Employment The plaintiff had been employed by the respondent. They incurred losses after being moved posts around the country. She complained that the respondent should have notified her of the existence of a scheme to support such moves. Held: The judge had found her move to be voluntary and she was not entitled to the support. That decision was correct, and the appeal failed. 1 Cites 1 Citers [ Bailii ]   Carmichael and Another v National Power Plc; HL 24-Jun-1999 - Times, 23 November 1999; Gazette, 01 December 1999; Gazette, 17 December 1999; [1999] 4 All ER 897; [1999] UKHL 47; [1999] 1 WLR 2042; [2000] IRLR 43; [1999] ICR 1226  Pearson v Halesowen College [1999] UKEAT 1139_96_2406 24 Jun 1999 EAT Employment [ Bailii ]  Villanueva v London Clubs Management Ltd (T/A the Rendezvous Club) [1999] UKEAT 352_99_2406 24 Jun 1999 EAT Employment 1 Citers [ Bailii ]  Bank of Credit and Commerce International Sa (In Compulsory Liquidation) v Munawar Ali, Sultana Runi Khan And Others (No 3) Gazette, 22 September 1999; Gazette, 28 July 1999; Times, 30 June 1999; [1999] IRLR 508 25 Jun 1999 ChD Employment In order for an employee to claim that his employer was conducting his business in an unlawful manner so as to destroy the relationship of trust and confidence between them, the activity had to be such that the employee could not reasonably be expected to work for a moment longer after discovering the illegality. The evidence to establish a claim for stigma damages would be expected to be of a high standard, and the employers view obtained before proceedings were issued. 1 Cites  William West and Sons (Ilkeston) Ltd v W Fairgieve and others Exel/Brs Ltd Respondents EAT/701/98 25 Jun 1999 EAT The Honourable Mr Justice Morison (President) Employment EAT Transfer of Undertakings - Transfer  Johnson v Luton and Dunstable Hospital NHS Trust [1999] UKEAT 1378_98_2506 25 Jun 1999 EAT Employment [ Bailii ]  Mukurumbira v Chubb Wardens Ltd [1999] UKEAT 217_99_2506 25 Jun 1999 EAT Employment [ Bailii ]  Dawson v Burlington Danes School [1999] UKEAT 468_99_2506 25 Jun 1999 EAT Employment [ Bailii ]  London Borough of Greenwich v Caesar [1999] UKEAT 429_99_2506 25 Jun 1999 EAT Employment [ Bailii ]  William West and Sons (Ilkeston) Ltd v W Fairgieve and Others, Exel/Brs Ltdrespondents EAT/701/98 25 Jun 1999 EAT The Honourable Mr Justice Morison (President) Employment EAT Transfer of Undertakings - Transfer. [ EATn ]  Tillingbourne Bus Co Ltd v Norsworthy [1999] UKEAT 749_99_2506 25 Jun 1999 EAT Employment [ Bailii ]  Lovie v Anderson Gazette, 27 June 1999; [1999] IRLR 164 27 Jun 1999 EAT Employment An employee was convicted of two offences of indecent exposure alleged to have taken place in a work context. The employers dismissed him without allowing him a chance to explain. This was possible in some circumstances, but not this, and he was held unfairly dismissed.  Angus Council v A Edgley EAT/289/99 28 Jun 1999 EAT The Honourable Mr Justice Morison (President) Employment EAT Unfair Dismissal - Reason for Dismissal  Husbands v Blackliners [1999] UKEAT 1319_98_2806 28 Jun 1999 EAT Employment [ Bailii ]  Angus Council v A Edgley EAT/289/99 28 Jun 1999 EAT The Honourable Mr Justice Morison (President) Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ]  Heaps, Collis and Harrison Ltd T/A Air Power Centre v George Burt EAT/173/99 28 Jun 1999 EAT The Honourable Mr Justice Morison (President) Employment EAT Unfair Dismissal - Contributory Fault  Akhtar v Parsons Precision Ltd and others [1999] UKEAT 1486_98_2806 28 Jun 1999 EAT Employment [ Bailii ]  Heaps, Collis and Harrison Ltd T/A Air Power Centre v George Burt EAT/173/99 28 Jun 1999 EAT The Honourable Mr Justice Morison (President) Employment EAT Unfair Dismissal - Contributory fault. [ EATn ]  Ocs Cleaning Scotland Ltd v Philip Rudden and 17 Ors, Olscot Ltd EAT/290/99 29 Jun 1999 EAT The Honourable Mr Justice Morison (President) Employment EAT Transfer of Undertakings - Transfer  Smith v London Borough of Hammersmith and Fulham [1999] UKEAT 1487_98_2906 29 Jun 1999 EAT Employment [ Bailii ]  OCS Cleaning Scotland Ltd v Philip Rudden and 17 Ors, Olscot Ltd EAT/290/99 29 Jun 1999 EAT The Honourable Mr Justice Morison (President) Employment EAT Transfer of Undertakings - Transfer. [ EAT ]  London Underground Limited v Noel Times, 07 July 1999; Gazette, 11 August 1999; [1999] EWCA Civ 1712 29 Jun 1999 CA Employment Where an employee is dismissed, his right to claim damages for unfair dismissal is not lost because of the making of an offer of re-employment. Because of this time continues to run for the lodging of a complaint, and if the re-engagement falls through for whatever reason, the original three month time limit is not disapplied, and the claim had expired. [ Bailii ]  Edwards v Hanson School [1999] UKEAT 314_99_3006 30 Jun 1999 EAT Employment 1 Citers [ Bailii ]  Thorpe v Cousins and Sharpe (A Firm) [1999] UKEAT 476_99_3006 30 Jun 1999 EAT Employment [ Bailii ]  SBJ Stephenson Limited v Keith Anthony Mandy [1999] EWCA Civ 1720 30 Jun 1999 CA Employment [ Bailii ]  Nenji v Birmingham Childrens Hospital NHS Trust [1999] UKEAT 184_99_3006 30 Jun 1999 EAT Employment [ Bailii ]  Harvey v Leicester General Hospital NHS Trust [1999] UKEAT 1381_98_3006 30 Jun 1999 EAT Employment [ Bailii ]  London Borough of Hammersmith and Fulham v Farnsworth [1999] UKEAT 461_99_3006 30 Jun 1999 EAT Altman J Employment 1 Citers [ Bailii ]  Collinson v Central Parking System of the UK Ltd [1999] UKEAT 561_99_3006 30 Jun 1999 EAT Employment 1 Cites 1 Citers [ Bailii ]  College of North West London v Powell [1999] UKEAT 479_99_3006 30 Jun 1999 EAT Employment [ Bailii ]  Smith v Eagle Precision Technologies Ltd [1999] UKEAT 339_99_3006 30 Jun 1999 EAT Employment [ Bailii ]  Mitchell v Swift Dry Cleaners [1999] UKEAT 324_99_3006 30 Jun 1999 EAT Employment [ Bailii ]  Olowu v Ministry of Agriculture Fisheries and Food [1999] UKEAT 345_99_3006 30 Jun 1999 EAT Employment [ Bailii ]  British Telecommunications Plc v Wilding [1999] UKEAT 371_99_3006 30 Jun 1999 EAT Employment 1 Cites 1 Citers [ Bailii ]  Kawol v Shaw Homes Housing Association Ltd [1999] UKEAT 317_99_3006 30 Jun 1999 EAT Employment [ Bailii ]  Triangle Cars v A M Hook EAT/1340/98 1 Jul 1999 EAT His Honour Judge J Altman Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ]  Elliot v Pink [1999] UKEAT 614_98_0107 1 Jul 1999 EAT Employment [ Bailii ]  Banks v Produce Studies Ltd [1999] UKEAT 704_98_0107 1 Jul 1999 EAT Employment [ Bailii ]  Facey v Midas Retail Security and Another [1999] UKEAT 966_98_0107; [2001] ICR 287; FA 13 1 Jul 1999 EAT Charles J Employment The claimant appealed, asserting bias in the Tribunal chairman. The respondents and chairman himself had filed statements contradicting what the claimant said, and the EAT was unable to determine the issue without first hearing evidence as to the conflict. 1 Citers [ Bailii ]  Edinburgh Healthcare NHS Trust v David James Norrie EAT/291/99 1 Jul 1999 EAT The Honourable Mr Justice Morison (President) Employment EAT Unfair Dismissal - Contributory Fault  Francis v T M Group Plc [1999] UKEAT 688_98_0107 1 Jul 1999 EAT Employment [ Bailii ]  Singh v Lambeth Health Care NHS Trust [1999] UKEAT 798_98_0107 1 Jul 1999 EAT Employment [ Bailii ]  Edinburgh Healthcare NHS Trust v David James Norrie EAT/291/99 1 Jul 1999 EAT The Honourable Mr Justice Morison (President) Employment EAT Unfair Dismissal - Contributory fault. [ EATn ]  Bellago Enterprises Ltd (T/A Domino's Pizza) v Baggott and Another [1999] UKEAT 961_98_0107 1 Jul 1999 EAT Employment [ Bailii ]  Triangle Cars v Hook [1999] UKEAT 1340_98_0107 1 Jul 1999 EAT Employment [ Bailii ]  Hitchcock v Vale Castings Ltd [1999] UKEAT 677_98_0107 1 Jul 1999 EAT Employment [ Bailii ]  Cattermole and Hawkins v Secretary of State for Trade and Industry [1999] UKEAT 390_98_0107 1 Jul 1999 EAT Employment [ Bailii ]  Triangle Cars v A M Hook EAT/1340/98 1 Jul 1999 EAT His Honour Judge J Altman Employment EAT Unfair Dismissal - Reason for Dismissal  Bloomberg Financial Markets v Cumandala [1999] UKEAT 672_98_0107 1 Jul 1999 EAT Employment [ Bailii ]  Lloyd v Taylor Woodrow Construction Gazette, 08 December 1999; EAT/1116/98; [1999] IRLR 782; [1999] UKEAT 1116_98_0107 1 Jul 1999 EAT His Honour Judge Peter Clark Employment A defect of the consultation procedure in a redundancy which could make a dismissal unfair, was capable in some circumstances of being corrected by the company in its appeal procedure. The appellant had not originally been informed of the criteria for selection for redundancy, but having been informed, and that defect was cured in the appeal procedure. In this respect redundancy situations are not different from others. EAT Unfair Dismissal - Procedural Fairness 1 Cites [ Bailii ] - [ EAT ]  Christie, Manson and Woods v Stancliffe [1999] UKEAT 469_99_0107 1 Jul 1999 EAT Employment [ Bailii ]  Salinger v Heidelberg Graphic Equipment Ltd [1999] UKEAT 779_98_0107 1 Jul 1999 EAT Employment [ Bailii ]  Onifade v London Borough of Southwark and others [1999] UKEAT 729_98_0107 1 Jul 1999 EAT Employment [ Bailii ]  Mason v British Airways Plc [1999] UKEAT 715_98_0107 1 Jul 1999 EAT Employment 1 Citers [ Bailii ]  Thomas v Britannia Residential Homes Ltd [1999] UKEAT 346_99_0207 2 Jul 1999 EAT Employment [ Bailii ]  Jones v Euro Bulk Packaging Ltd [1999] UKEAT 343_99_0207 2 Jul 1999 EAT Employment [ Bailii ]  Quay Plc v Farn [1999] UKEAT 1389_98_0207 2 Jul 1999 EAT Employment [ Bailii ]  Harrison v Boots the Chemist Ltd [1999] UKEAT 1098_97_0207 2 Jul 1999 EAT Employment [ Bailii ]  Green and Another vAhmad [1999] UKEAT 206_99_0207 2 Jul 1999 EAT Employment [ Bailii ]  Obasa v London Borough of Islington [1999] UKEAT 353_99_0207 2 Jul 1999 EAT Employment 1 Cites 1 Citers [ Bailii ]  Ghosh v London Borough of Tower Hamlets [1999] UKEAT 220_99_0207 2 Jul 1999 EAT Charles J Employment Preliminary appeal against order for payment by claimant of respondent's costs of the hearing before the Emloyment Tribunal. Held: The appeal could go ahead. Industrial Tribunals (Constitution and Rules of Procedure) Regulations 1993 1 Citers [ Bailii ]  Spence and others v City of Sunderland Council [1999] UKEAT 1255_98_0507 5 Jul 1999 EAT Employment [ Bailii ]  Power v Eirad Management Ltd [1999] UKEAT 142_99_0507 5 Jul 1999 EAT Employment [ Bailii ]  Leicester City Council v McConnell [1999] UKEAT 820_98_0507 5 Jul 1999 EAT Employment Appeal by the Council and its Director of Education against an Industrial Tribunal finding that they had both discriminated against Mrs Penny McConnell by reason of her race. [ Bailii ]  Relaxion Group Ltd v Oliver [1999] UKEAT 1268_98_0507 5 Jul 1999 EAT Employment [ Bailii ]  Juliet-Adams v London Borough of Southwark [1999] UKEAT 1152_97_0507 5 Jul 1999 EAT Employment [ Bailii ]  Healey v John Adams and Sons Ltd [1999] UKEAT 25_99_0507 5 Jul 1999 EAT Employment [ Bailii ]  Spence and others v City of Sunderland Council EAT/1255/98 5 Jul 1999 EAT The Honourable Mr Justice Morison (P) Employment EAT Contract of Employment - Written particulars. [ EATn ]  Pereira v Norton and Co EAT/806/98; [1999] UKEAT 806_98_0107 5 Jul 1999 EAT The Honourable Mr Justice Charles Discrimination, Employment EAT Sex Discrimination - Direct [ Bailii ]  Gould v Lambrook Haileybury School [1999] UKEAT 383_99_0507 5 Jul 1999 EAT Employment 1 Cites 1 Citers [ Bailii ]  Spence and others v City of Sunderland Council EAT/1255/98 5 Jul 1999 EAT The Honourable Mr Justice Morison (P) Employment EAT Contract of Employment - Written Particulars  Amin v Macpherson Ltd [1999] UKEAT 1162_98_0507; [1999] UKEAT 480_98_0111 5 Jul 1999 EAT Employment 1 Cites [ Bailii ] - [ Bailii ]  Taukoorchand and Another v St Helier NHS Trust [1999] UKEAT 244_98_0507 5 Jul 1999 EAT Employment [ Bailii ]  Pittaway v Street To Street Ltd [1999] UKEAT 1467_98_0607 6 Jul 1999 EAT Employment [ Bailii ]  C Pittaway v Street To Street Ltd EAT/1467/98 6 Jul 1999 EAT The Honourable Mr Justice Morison (P) Employment EAT Trade Union Rights -  S Soudiere v The Capital Hotel (Knightsbridge) Ltd EAT/915/98; [1999] UKEAT 915_98_0107 6 Jul 1999 EAT His Honour Judge H Wilson Employment EAT Unlawful Deduction from Wages - 1 Cites [ Bailii ] - [ EATn ]  Bryan v British Telecommunications Plc [1999] UKEAT 1065_98_0607 6 Jul 1999 EAT Employment [ Bailii ]  H v Curtis and Another [1999] UKEAT 774_99_0607 6 Jul 1999 EAT Employment [ Bailii ]  Chowdhury v Sunrise Radio Ltd [1999] UKEAT 792_98_0607 6 Jul 1999 EAT Employment [ Bailii ]  C Pittaway v Street To Street Ltd EAT/1467/98 6 Jul 1999 EAT The Honourable Mr Justice Morison (P) Employment EAT Trade Union Rights - (no sub-topic). [ EATn ]  Bull v Harrods Ltd [1999] UKEAT 1426_98_0607 6 Jul 1999 EAT Employment [ Bailii ]  Forder v Southern Water Services Plc [1999] UKEAT 516_98_0607 6 Jul 1999 EAT Employment [ Bailii ]  Sikpi v Care First Plc [1999] UKEAT 61_99_0707 7 Jul 1999 EAT Employment [ Bailii ]  Whitbread Plc (T/A Beefeater Restaurant and Pub) v Yellowlees [1999] UKEAT 514_99_0707 7 Jul 1999 EAT Employment [ Bailii ]  Liverpool Victoria Friendly Society Ltd v Deakin [1999] UKEAT 1092_97_0707 7 Jul 1999 EAT Employment 1 Cites [ Bailii ]  Robert Half Ltd (Rhl) v Daly [1999] UKEAT 541_99_0707 7 Jul 1999 EAT Employment [ Bailii ]  Norbrook Laboratories (Gb) Ltd v Bealby [1999] UKEAT 614_99_0707 7 Jul 1999 EAT Employment [ Bailii ]  Rawcliffe v Siemens Healthcare Services Ltd [1999] UKEAT 359_99_0707 7 Jul 1999 EAT Employment [ Bailii ]  Mcgrath v Bleasdale Building Contractors Ltd and Another [1999] UKEAT 1368_98_0707 7 Jul 1999 EAT Employment [ Bailii ]  Morton v Sandwell Training Association [1999] UKEAT 362_99_0707 7 Jul 1999 EAT Employment [ Bailii ]  Alexander v Northampton Borough Council [1999] UKEAT 545_99_0707 7 Jul 1999 EAT Employment [ Bailii ]  B Hitchcock v Vale Castings Ltd EAT/677/98 7 Jul 1999 EAT His Honour Judge H Wilson Employment EAT Unfair Dismissal - Procedural fairness/automatically unfair dismissal. [ EATn ]  B Hitchcock v Vale Castings Ltd EAT/677/98 7 Jul 1999 EAT His Honour Judge H Wilson Employment EAT Unfair Dismissal - Procedural Fairness  Graham v London Borough of Barnet [1999] UKEAT 221_99_0707 7 Jul 1999 EAT Employment [ Bailii ]  Harvest Press Ltd v McCaffrey [1999] UKEAT 488_99_0707; [1999] IRLR 778 7 Jul 1999 EAT Employment The danger referred to in section 100(1)(e) need not refer to the workplace as such; threats posed by fellow employees will also be covered. Employment Rights Act 1996 100(1)(e) [ Bailii ]  Purssord v Essex Furniture Plc [1999] UKEAT 557_99_0807 8 Jul 1999 EAT Employment [ Bailii ]  Elliot v T Pink EAT/614/98 8 Jul 1999 EAT His Honour Judge D M Levy QC Employment EAT Time Limits -  Wilson-Wright v Nottinghamshire Ambulance Service NHS Trust [1999] UKEAT 437_99_0807 8 Jul 1999 EAT Employment [ Bailii ]   Mann and others v Secretary of State for Employment; HL 8-Jul-1999 - Times, 19 July 1999; [1999] UKHL 29; [1999] ICR 898  Mcintyre (T/A Scandals Nightclub Newquay) v Kay [1999] UKEAT 1413_98_0807 8 Jul 1999 EAT Employment [ Bailii ]   Murray and Another v Foyle Meats Ltd (Northern Ireland); HL 8-Jul-1999 - Times, 09 July 1999; Gazette, 11 August 1999; [1999] UKHL 30; [2000] 1 AC 51; [1999] 3 ALL ER 769; [1999] 3 WLR 356; [1999] NI 291; [1999] ICR 827; [1999] IRLR 562  Elliot v T Pink EAT/614/98 8 Jul 1999 EAT His Honour Judge D M Levy Qc Employment EAT Time Limits - (no sub-topic) [ EATn ]  British Midland Airways Ltd v Floyd [1999] UKEAT 526_99_0807 8 Jul 1999 EAT Employment [ Bailii ]  Wallace v Jackson (T/A Colin Jackson and Sons) [1999] UKEAT 1054_98_0807 8 Jul 1999 EAT Employment [ Bailii ]  Crofton v Yeboah and Another [1999] UKEAT 1352_98_0807 8 Jul 1999 EAT Employment Application to amend notice of appeal. 1 Citers [ Bailii ]  Ahmed v Coventry Black Council and others [1999] UKEAT 570_99_0907 9 Jul 1999 EAT Employment [ Bailii ]  Adetona v Porter [1999] UKEAT 363_99_0907 9 Jul 1999 EAT Employment [ Bailii ]  Bingham v Jeromes Personnel Ltd [1999] UKEAT 364_99_0907 9 Jul 1999 EAT Employment [ Bailii ]  London Borough of Islington v M Collins EAT/3/99 9 Jul 1999 EAT His Honour Judge Harold Wilson Employment EAT Unfair Dismissal - Procedural Fairness  Conduit v Dudley Priority NHS Trust [1999] UKEAT 571_99_0907 9 Jul 1999 EAT Employment [ Bailii ]  J M Scott v Care First Health Care Ltd EAT/512/98 9 Jul 1999 EAT His Honour Judge Peter Clark Employment EAT Unfair Dismissal - Constructive Dismissal  Postworth Ltd (T/A Ncs) v Greenaway and others [1999] UKEAT 781_99_0907 9 Jul 1999 EAT Employment [ Bailii ]  Clancy v Cannock Chasse Technical College [1999] UKEAT 265_99_0907 9 Jul 1999 EAT Employment [ Bailii ]  Abbey National Plc v Tiquin [1999] UKEAT 633_99_0907 9 Jul 1999 EAT Employment [ Bailii ]  Milton Keynes Group Security v Roberts and others [1999] UKEAT 72_99_0907 9 Jul 1999 EAT Employment [ Bailii ]  Sears v Coventry City Council [1999] UKEAT 7_99_0907 9 Jul 1999 EAT Employment [ Bailii ]  John Lewis Plc v Coyne [1999] UKEAT 581_99_0907 9 Jul 1999 EAT Charles J Employment Directions for appeal. 1 Citers [ Bailii ]  Hyde Park Residence Ltd v Murrell [1999] UKEAT 769_99_0907 9 Jul 1999 EAT Employment 1 Cites 1 Citers [ Bailii ]  J M Scott v Care First Health Care Ltd EAT/512/98 9 Jul 1999 EAT His Honour Judge Peter Clark Employment EAT Unfair Dismissal - Constructive dismissal. [ EATn ]  London Borough of Islington v Collins [1999] UKEAT 3_99_0907 9 Jul 1999 EAT Employment [ Bailii ]  the London Borough of Islington v M Collins EAT/3/99 9 Jul 1999 EAT His Honour Judge Harold Wilson Employment EAT Unfair Dismissal - Procedural fairness/automatically unfair dismissal. [ EATn ]   Daniel v Homerton Hospital Trust; CA 9-Jul-1999 - [1999] EWCA Civ 1798  Lane v Renault Cardiff [1999] UKEAT 356_99_0907 9 Jul 1999 EAT Employment [ Bailii ]  Scott v Care First Health Care Ltd [1999] UKEAT 512_98_0907 9 Jul 1999 EAT Employment [ Bailii ]  R P Charles v P J R Ellis and W J E Ellis T/A Property Services EAT/1002/00 10 Jul 1999 EAT The Honourable Mr Justice Douglas Brown Employment The appellant appealed against the dismissal of his claim for unfair/constructive dismissal. He had left work claiming to be sick. His employer disputed that he was sick. He was not paid, on time, and eventually claimed that this was a constructive dismissal. The EAT held that the although an emphatic denial by the employer of his obligation to pay the agreed salary or wage, or a determined resolution not to comply with his contractual obligations in relation to pay and remuneration will normally be regarded as repudiatory, each circumstance must be looked at individually. Here a delay of eight days against this background did not amount to a repudiation. EAT Unfair Dismissal - Reason for Dismissal 1 Cites  R P Charles v P J R Ellis and W J E Ellis T/A Property Services EAT/1002/00 10 Jul 1999 EAT The Honourable Mr Justice Douglas Brown Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ]  Shaw Munster Ltd vTrentham [1999] UKEAT 419_99_1207 12 Jul 1999 EAT Employment [ Bailii ]  Tibbet and Britten Consumer Group Ltd v Subramani [1999] UKEAT 507_99_1207 12 Jul 1999 EAT Employment [ Bailii ]  Newbold and Smyth v Leicester City Council [1999] EWHC Admin 670 12 Jul 1999 Admn Employment, Local Government [ Bailii ]  Warwick School and Another v Hazlehurst and others [1999] UKEAT 540_99_1207 12 Jul 1999 EAT Employment [ Bailii ]  Frewin v Secretary of State for Trade and Industry [1999] UKEAT 613_99_1207 12 Jul 1999 EAT Employment [ Bailii ]  Inital Contract Services Ltd v Riley [1999] UKEAT 191_99_1207 12 Jul 1999 EAT Employment [ Bailii ]  H Group Precision Ltd v Bowers [1999] UKEAT 551_99_1207 12 Jul 1999 EAT Employment [ Bailii ]  Kansese v Cimara Ltd [1999] UKEAT 628_99_1207 12 Jul 1999 EAT Employment [ Bailii ]  Gloudon v London Borough of Brent [1999] UKEAT 286_99_1207 12 Jul 1999 EAT Employment [ Bailii ]  East Coast Aerials Ltd v Punnett [1999] UKEAT 1313_98_1207 12 Jul 1999 EAT Employment [ Bailii ]  Mcgrath v Elliotts Bond and Banbury [1999] UKEAT 778_99_1207 12 Jul 1999 EAT Employment [ Bailii ]  Meredith v Fleming and Another [1999] UKEAT 213_99_1207 12 Jul 1999 EAT Employment [ Bailii ]  C Mason v British Airways Plc EAT/715/98 13 Jul 1999 EAT His Honour Judge H Wilson Employment EAT Unfair Dismissal - Procedural Fairness 1 Cites  C Mason v British Airways Plc EAT/715/98 13 Jul 1999 EAT His Honour Judge H Wilson Employment EAT Unfair Dismissal - Procedural fairness/automatically unfair dismissal. [ EATn ]  Cerberus Software Ltd v J A Rowley EAT/1023/98 14 Jul 1999 EAT The Honourable Mr Justice Morison (President) Employment EAT Contract of Employment - Written particulars. [ EATn ]  E G Jones v London Borough of Camden and Another [1999] UKEAT 513_99_1407 14 Jul 1999 EAT Employment [ Bailii ]  Staniforth v Southern Salads Ltd [1999] UKEAT 478_99_1407 14 Jul 1999 EAT Employment [ Bailii ]  Adeagbo v Department of Health [1999] UKEAT 258_99_1407 14 Jul 1999 EAT Employment [ Bailii ]  M P Conibere v United Bristol Healthcare Trust [1999] EWCA Civ 1833 14 Jul 1999 CA Employment [ Bailii ]  King v British Airways Plc [1999] UKEAT 303_99_1407 14 Jul 1999 EAT Employment [ Bailii ]  Taylor v Secretary of State for Scotland Gazette, 14 July 1999; (1999) IRLR 362 14 Jul 1999 OHCS Employment The employer had a written policy against discrimination on the grounds of age. The employee was required to retire early. It was held that this was not a breach of contract which gave the employer a wide discretion in these matters, and in this case the decision was not of itself discriminatory.  Shah v Travel Syndicate Ltd [1999] UKEAT 381_99_1407 14 Jul 1999 EAT Employment [ Bailii ]  Prison Service v Hussain [1999] UKEAT 782_99_1407 14 Jul 1999 EAT Employment [ Bailii ]  Sawyer and others v Ahsan [1999] UKEAT 1299_98_1407 14 Jul 1999 EAT Employment 1 Cites 1 Citers [ Bailii ]  S R Francis v T M Group Plc EAT/688/98 14 Jul 1999 EAT His Honour Judge D M Levy QC Employment EAT Unfair Dismissal - Reason for Dismissal  S R Francis v T M Group Plc EAT/688/98 14 Jul 1999 EAT His Honour Judge D M Levy Qc Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ]  S Valton v the London Borough of Hackney EAT/410/99 14 Jul 1999 EAT The Honourable Mr Justice Keene Employment EAT Unfair Dismissal - Procedural fairness/automatically unfair dismissal. [ EATn ]  S Valton v the London Borough of Hackney EAT/410/99 14 Jul 1999 EAT The Honourable Mr Justice Keene Employment EAT Unfair Dismissal - Procedural Fairness  Cerberus Software Ltd v J A Rowley EAT/1023/98; [1999] UKEAT 1023_98_1407 14 Jul 1999 EAT The Honourable Mr Justice Morison (President) Employment EAT Contract of Employment - Breach of Contract 1 Cites 1 Citers  Patel v Unison and Another [1999] UKEAT 537_99_1407 14 Jul 1999 EAT Employment [ Bailii ]  Cerberus Software Ltd v Rowley [1999] UKEAT 1023_98_1407 14 Jul 1999 EAT Morison P J Employment [ Bailii ]   Shawkat v Nottingham City Hospital NHS Trust; EAT 14-Jul-1999 - Gazette, 14 July 1999; [1999] UKEAT 519_98_2502; [1999] IRLR 340  Clarke v Kensington and Chelsea and others [1999] UKEAT 491_99_1507 15 Jul 1999 EAT Employment [ Bailii ]  Harada Ltd (T/A Chequepoint UK Ltd) v Turner [1999] UKEAT 516_99_1506 15 Jul 1999 EAT D M Levy QC HHJ Employment Appeal against finding that defendant was subject to the jurisdiction of the court. 1 Cites 1 Citers [ Bailii ]  Camden v Mohammed [1999] UKEAT 556_99_1507 15 Jul 1999 EAT Employment [ Bailii ]  Abegaze v British Telecommunications Plc [1999] UKEAT 757_99_1507 15 Jul 1999 EAT Employment, Discrimination 1 Cites 1 Citers [ Bailii ]  Allen v Birmingham City Council [1999] UKEAT 489_99_1507 15 Jul 1999 EAT Employment [ Bailii ]  O Okponobi v Holland and Barrett Retail Ltd and others EAT/1175/98 15 Jul 1999 EAT His Honour Judge Harold Wilson Employment EAT Unfair Dismissal - Procedural fairness/automatically unfair dismissal. [ EATn ]   Swiggs and others v Nagarajan; HL 15-Jul-1999 - Times, 19 July 1999; Gazette, 11 August 1999; [1999] UKHL 36; [2000] 1 AC 501; [1999] 3 WLR 425; [1999] 4 All ER 65; [1999] IRLR 572; [1999] ICR 877  Joseph Ash and Son Ltd (T/A Albion Galvanisers) v Hipkiss [1999] UKEAT 472_99_1507 15 Jul 1999 EAT Employment [ Bailii ]  D Everitt v British Telecommunications Plc EAT/399/98 15 Jul 1999 EAT The Honourable Mr Justice Morison (P) Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ]  Theodosopoulou v Bank of Cyprus (London) Ltd [1999] UKEAT 567_99_1507 15 Jul 1999 EAT Employment 1 Cites 1 Citers [ Bailii ]  Okponobi v Holland and Barrett Retail Ltd and others [1999] UKEAT 1175_98_1507 15 Jul 1999 EAT Employment [ Bailii ]  O Okponobi v Holland and Barrett Retail Ltd and others EAT/1175/98 15 Jul 1999 EAT His Honour Judge Harold Wilson Employment EAT Unfair Dismissal - Procedural Fairness  D Everitt v British Telecommunications Plc EAT/399/98 15 Jul 1999 EAT The Honourable Mr Justice Morison (P) Employment EAT Unfair Dismissal - Reason for Dismissal  Standivan v St Mary'S Wrestwood Educational Trust Ltd [1999] UKEAT 466_99_1507 15 Jul 1999 EAT Employment [ Bailii ]  Singh v Pilkington UK Ltd (T/A Pilkington Sealed Units) [1999] UKEAT 634_99_1607 16 Jul 1999 EAT Employment [ Bailii ]  The Dormers Wells Infant School v Gill EAT/596/97 16 Jul 1999 EAT His Honour Judge Peter Clark Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ]  Oko-Jaja v R M Pickersgill Wecil Ltd [1999] UKEAT 515_99_1607 16 Jul 1999 EAT Employment [ Bailii ]  Simon v Royal Hospitals NHS Trust [1999] UKEAT 421_99_1607 16 Jul 1999 EAT Employment [ Bailii ]  The Dormers Wells Infant School v M Gill EAT/596/97 16 Jul 1999 EAT His Honour Judge Peter Clark Employment EAT Unfair Dismissal - Reason for Dismissal 1 Cites 1 Citers  Lopez v Villa Del Cesari Ltd [1999] UKEAT 423_99_1607 16 Jul 1999 EAT Employment [ Bailii ]  Desai v the State Bank of India [1999] UKEAT 562_99_1607 16 Jul 1999 EAT Employment [ Bailii ]  Mills and Allen Ltd v Fenton [1999] UKEAT 549_99_1607 16 Jul 1999 EAT Employment [ Bailii ]  Moyo v Waltham Forest Specialist Housing Consortium Ltd [1999] UKEAT 377_99_1607 16 Jul 1999 EAT Employment [ Bailii ]  Eldridge and Another v Zhang [1999] UKEAT 543_99_1607 16 Jul 1999 EAT Employment [ Bailii ]  Knauer v St George North London Ltd [1999] UKEAT 804_99_1607 16 Jul 1999 EAT Employment [ Bailii ]  Dormers Wells Infant School v Gill [1999] UKEAT 596_97_1607 16 Jul 1999 EAT Employment [ Bailii ]  Franklin v Home Office and others [1999] UKEAT 1225_98_1607 16 Jul 1999 EAT Employment [ Bailii ]  London Borough of Brent and Another v Mason and Another [1999] UKEAT 494_99_1607 16 Jul 1999 EAT Employment [ Bailii ]  R Singh v Lambeth Health Care NHS Trust EAT/798/98 19 Jul 1999 EAT His Honour Judge H Wilson Employment EAT Unfair Dismissal - Procedural fairness/automatically unfair dismissal. [ EATn ]  Dass v Tower Hamlets College [1999] UKEAT 127_98_1907 19 Jul 1999 EAT Employment 1 Cites [ Bailii ]  Roberts v Castrol (Uk) Ltd [1999] UKEAT 277_99_1907 19 Jul 1999 EAT Employment [ Bailii ]  Doshi v London General Transport Ltd [1999] UKEAT 411_99_1907 19 Jul 1999 EAT Employment [ Bailii ]  R Singh v Lambeth Health Care NHS Trust EAT/798/98 19 Jul 1999 EAT His Honour Judge H Wilson Employment EAT Unfair Dismissal - Procedural Fairness  Pandya v Leicester City Council [1999] EWCA Civ 1886 19 Jul 1999 CA Employment 1 Cites  Davis v Coutts and Co [1999] UKEAT 291_99_1907 19 Jul 1999 EAT Employment [ Bailii ]  Pattinson v North West Water Ltd [1999] UKEAT 657_99_1907 19 Jul 1999 EAT Employment [ Bailii ]  England v Hampshire County Council [1999] UKEAT 365_99_1907 19 Jul 1999 EAT Employment [ Bailii ]  Bellago Enterprises Ltd T/A Domino's Pizza v C Baggott and J Mcdougal EAT/961/98 20 Jul 1999 EAT His Honour Judge H Wilson Employment EAT Procedural Issues - Employment Tribunal  D R Verdi v Stanley Casinos Ltd EAT/1200/98 20 Jul 1999 EAT His Honour Judge H Wilson Employment EAT Unfair Dismissal - Award of Costs  J Onifade v London Borough of Southwark EAT/730/98; EAT/729/98 20 Jul 1999 EAT His Honour Judge Peter Clark Employment EAT Unfair Dismissal - Reason for Dismissal  Clifton Middle School and Others v Askew [2000] BLGR 97; [1999] IRLR 708; [1999] EWCA Civ 1892; [2000] ICR 286; (2000) 2 LGLR 313; [1999] Ed CR 800; [1999] ELR 425 20 Jul 1999 CA Peter Gibson, Ward, Chadwick LJJ Education, Employment [ Bailii ]  D R Verdi v Stanley Casinos Ltd EAT/1200/98 20 Jul 1999 EAT His Honour Judge H Wilson Employment EAT Unfair Dismissal - Award of Costs. [ EATn ]  J Onifade v London Borough of Southwark EAT/729/98, EAT/730/98 20 Jul 1999 EAT His Honour Judge Peter Clark Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ]  Verdi v Stanley Casinos Ltd [1999] UKEAT 1200_98_2007 20 Jul 1999 EAT Employment [ Bailii ]  Bellago Enterprises Ltd T/A Domino's Pizza v C Baggott and J Mcdougal EAT/961/98 20 Jul 1999 EAT His Honour Judge H Wilson Employment EAT Procedural Issues - Employment Tribunal. [ EATn ]  Ramage v Unitrition International Ltd [1999] UKEAT 433_99_2107 21 Jul 1999 EAT Employment [ Bailii ]  Armstrong and Sons Ltd v Borrill [1999] UKEAT 1124_98_2107 21 Jul 1999 EAT Employment [ Bailii ]  Brennan v Mills and Allen Ltd [1999] UKEAT 418_99_2107 21 Jul 1999 EAT Employment [ Bailii ]  Rorrison v West Lothian College and Lothian Regional Council [1999] ScotCS 177; 2000 SCLR 245 21 Jul 1999 OHCS Lord Reed Scotland, Personal Injury, Employment The pursuer, a nurse, claimed that she suffered psychological injuries as a result of her treatment at work by two superiors. Held: The court could find nothing in the pleadings: "which, if proved, could establish that Andrews and Henning ought to have foreseen that the pursuer was under a material risk of sustaining a psychiatric disorder in consequence of their behaviour towards her. They might have foreseen that she would at times be unsatisfied, frustrated, embarrassed and upset, but that is a far cry from suffering a psychiatric disorder. Many if not all employees are liable to suffer those emotions, and others mentioned in the present case such as stress, anxiety, loss of confidence and low mood. To suffer such emotions from time to time, not least because of problems at work, is a normal part of human experience. It is only if they are liable to be suffered to such a pathological degree as to constitute a psychiatric disorder that a duty of care to protect against them can arise; and that is not a reasonably foreseeable occurrence (reasonably foreseeable, that is to say by an ordinary bystander rather than by a psychiatrist) unless there is some specific reason to foresee it in a particular case." 1 Cites 1 Citers [ Bailii ] - [ ScotC ]  Bigmore v John Dickenson Stationery [1999] UKEAT 1427_98_2107 21 Jul 1999 EAT Employment [ Bailii ]  Rashid v Asian Community Care Services Ltd [1999] UKEAT 480_99_2107 21 Jul 1999 EAT Employment [ Bailii ]  Cash v Ministry of Defence (Navy) [1999] UKEAT 422_99_2107 21 Jul 1999 EAT Employment [ Bailii ]  Abbots v Hm Customs and Excise [1999] UKEAT 405_99_2107 21 Jul 1999 EAT Employment [ Bailii ]  Cyrus v Secretary of State for Education and Employment [1999] UKEAT 1218_98_2107 21 Jul 1999 EAT Employment [ Bailii ]  Tamina v Marks and Spencer Plc [1999] UKEAT 161_99_2107 21 Jul 1999 EAT Employment [ Bailii ]  Lilburne-Byford v Essex County Council [1999] UKEAT 264_98_2107 21 Jul 1999 EAT Employment [ Bailii ]  Lancashire County Council v Porter [1999] UKEAT 609_99_2107 21 Jul 1999 EAT Employment [ Bailii ]  Wainwright v G R Wright and Sons Ltd [1999] UKEAT 402_99_2107 21 Jul 1999 EAT Employment 1 Cites [ Bailii ]  Stephenson (SBJ) Ltd v Mandy Times, 21 July 1999 21 Jul 1999 CA Employment Where there was a claim for an order preventing the disclosure of information allegedly received in confidence during the course of an employment, it was pointless to hear an appeal against an interim order which would be an exploration of the matters in the case which would be for decision in the trial of the full action now set for two weeks later.  W A Armstrong and Sons Ltd v A Borrill EAT/1124/98 21 Jul 1999 EAT The Honourable Mr Justice Charles Employment EAT Redundancy - Other - [ EATn ]  Hussein v Department of Health and Another [1999] UKEAT 428_99_2107 21 Jul 1999 EAT Employment [ Bailii ]  Gulf Oil v Dyas [1999] UKEAT 1148_98_2107 21 Jul 1999 EAT Employment 1 Citers [ Bailii ]  W A Armstrong and Sons Ltd v A Borrill EAT/1124/98 21 Jul 1999 EAT The Honourable Mr Justice Charles Employment EAT Redundancy - Other  Collins v Fgf (Southern) Ltd [1999] UKEAT 325_99_2107 21 Jul 1999 EAT Employment [ Bailii ]  Chateau Du Pain v Slade and others [1999] UKEAT 544_99_2207 22 Jul 1999 EAT Employment [ Bailii ]  Prince and 3 Others v National Union of Teachers [1999] UKEAT 621_99_2207 22 Jul 1999 EAT Employment [ Bailii ]   Barry v Midland Bank Plc; HL 22-Jul-1999 - Times, 23 July 1999; Gazette, 11 August 1999; [1999] UKHL 38; [1999] ICR 859; [1999] 1 WLR 1465; [1999] 3 All ER 974  ECM (Vehicle Delivery) Services Ltd v B Cox and others Gazette, 22 September 1999; (1999) IRLR 559; [1999] ICR 1162; [1999] EWCA Civ 1927 22 Jul 1999 CA Henry, Mummery, Laws LJJ Employment, European Employees within a unit, who were employed to satisfy requirements of a particular 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 a transfer of an undertaking within the Regulations. Mummery LJ summarised the issue as being whether "there was a continuation in the hands of ECM of the existence of a discrete economic entity previously carried on by Axial". Transfer of Undertakings (Protection of Employment) Regulations 1981 (1981 No 1794) 1 Cites 1 Citers [ Bailii ]  The Secretary of State for Trade and Industry v Walden, Kealfreight Ltd EAT/905/98; [1999] UKEAT 905_98_0107; [2000] IRLR 168 22 Jul 1999 EAT His Honour Judge Peter Clark Employment, Insolvency EAT Insolvent Employer - The onus is on the applicant seeking payment for lost wages from the Secretary of state to establish that the employer company is insolvent. There must be proof of the occurring of an event falling within section 183(3) EAT Insolvency - (no sub-topic) Employment Rights Act 1996 183(3) 1 Citers [ Bailii ] - [ EAT ]  Peplow v Cooper Nimmo (A Firm) EAT/978/98; [1999] UKEAT 978_98_0107 22 Jul 1999 EAT His Honour Judge Peter Clark Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. 1 Cites [ Bailii ] - [ EATn ]  Lovett v Wigan Metropolitan Borough Council [1999] EWCA Civ 1932 22 Jul 1999 CA Employment 1 Cites 1 Citers [ Bailii ]  Sankyo Pharma (UK) Ltd v Bartlett [1999] UKEAT 687_99_2207 22 Jul 1999 EAT Employment [ Bailii ]  Cave v Glyn Goodwin [1999] UKEAT 48_99_2307 23 Jul 1999 EAT Employment [ Bailii ]  Chilton v Hm Prison Service [1999] UKEAT 979_98_2307 23 Jul 1999 EAT Employment [ Bailii ]  Walsall Metropolitan Borough Council v P J Heath EAT/1367/98; [1999] UKEAT 1367_98_2307 23 Jul 1999 EAT His Honour Judge Peter Clark Employment EAT Unfair Dismissal - Reason for Dismissal [ Bailii ]  Graham v London Borough of Brent and others [1999] UKEAT 1208_98_2307 23 Jul 1999 EAT Employment [ Bailii ]  Ward v Vaughan (T/A Vaughan Haulage) [1999] UKEAT 390_99_2307 23 Jul 1999 EAT Employment [ Bailii ]  Mensah v West Middlesex University Hospital NHS Trust and others [1999] UKEAT 431_99_2307; [1999] UKEAT 424_99_2307; [1999] UKEAT 431_99_2307 23 Jul 1999 EAT Employment 1 Cites 1 Citers [ Bailii ] - [ Bailii ] - [ Bailii ]  Vadehra v UK Project Support Ltd [1999] UKEAT 603_99_2307 23 Jul 1999 EAT Employment [ Bailii ]  Brown v London Borough of Merton [1999] UKEAT 506_99_2307 23 Jul 1999 EAT Employment [ Bailii ]  Mcdonald v London Borough of Ealing [1999] UKEAT 406_99_2307 23 Jul 1999 EAT Employment [ Bailii ]  Bradford v Abbey National Plc [1999] UKEAT 1190_98_2307 23 Jul 1999 EAT Employment [ Bailii ]  Akinoshun v Shaftesbury Housing Group [1999] UKEAT 443_99_2307 23 Jul 1999 EAT Employment [ Bailii ]  Walsall Metropolitan Borough Council v P J Heath EAT/1367/98 23 Jul 1999 EAT His Honour Judge Peter Clark Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ]  Holbrook v Pearce Festive Lighting Ltd [1999] UKEAT 425_99_2307 23 Jul 1999 EAT Employment [ Bailii ]  Gogay v Hertfordshire County Council [1999] EWCA Civ 1964 26 Jul 1999 CA Employment, Personal Injury Application for leave to appeal - granted. 1 Citers [ Bailii ]  Sullivan-Davies v Space Enterprise Ltd [1999] UKEAT 560_99_2607 26 Jul 1999 EAT Employment 1 Citers [ Bailii ]  Amity Insulation Services Ltd v Lutener [1999] UKEAT 426_99_2607 26 Jul 1999 EAT Employment [ Bailii ]  Goldman v Christopher Blackburn; Enfield and Haringey Health Authority [1999] EWCA Civ 1966 26 Jul 1999 CA Employment [ Bailii ]  Moss v Mills and Allen Ltd [1999] UKEAT 490_99_2607 26 Jul 1999 EAT Employment [ Bailii ]  Shittu v Manchester City Council [1999] UKEAT 593_99_2607 26 Jul 1999 EAT Employment [ Bailii ]   The Government of the Kingdom of Saudia Arabia v Nasser; EAT 26-Jul-1999 - EAT/672/99  Bugler v University Hospital of Wales [1999] UKEAT 112_99_2607 26 Jul 1999 EAT Employment [ Bailii ]  P Glossop v Shropshire's Community Health Service NHS Trust EAT/561/98 27 Jul 1999 EAT His Honour Judge D M Levy QC Employment EAT Procedural Issues - Employment Tribunal  the Premium Ice Cream Co Ltd v Parsons [1999] UKEAT 225_99_2707 27 Jul 1999 EAT Employment [ Bailii ]  Glossop v Shropshire's Community Health Service NHS Trust [1999] UKEAT 561_98_2707 27 Jul 1999 EAT Employment [ Bailii ]  Hibernian Insurance UK Ltd v Msf EAT/742/99 27 Jul 1999 EAT The Honourable Mr Justice Morison (P) Employment EAT Procedural Issues - Employment Tribunal. [ EATn ]  P Glossop v Shropshire's Community Health Service NHS Trust EAT/561/98 27 Jul 1999 EAT His Honour Judge D M Levy Qc Employment EAT Procedural Issues - Employment Tribunal. [ EATn ]  Redline Bus Co Ltd v Wilde [1999] UKEAT 553_99_2707 27 Jul 1999 EAT Employment [ Bailii ]  Mahmood v United Bank Ltd [1999] UKEAT 844_99_2707 27 Jul 1999 EAT Employment [ Bailii ]  Hibernian Insurance UK Ltd v MSF EAT/742/99 27 Jul 1999 EAT The Honourable Mr Justice Morison (P) Employment EAT Procedural Issues - Employment Tribunal  Messrs Sproulls v Bruce [1999] UKEAT 928_99_2707 27 Jul 1999 EAT Employment [ Bailii ]  Hibernian Insurance UK Ltd v Msf [1999] UKEAT 742_99_2707 27 Jul 1999 EAT Employment [ Bailii ]  React Staffing Agency v Benstead [1999] UKEAT 224_99_2807 28 Jul 1999 EAT Employment [ Bailii ]  Kirwan v William Sutton Trust [1999] UKEAT 627_99_2807 28 Jul 1999 EAT Employment [ Bailii ]  React Staffing Agency v G Benstead EAT/224/99 28 Jul 1999 EAT The Honourable Mr Justice Morison (P) Employment EAT Procedural Issues - Employment Tribunal. [ EATn ]  Fifer v London Borough of Hackney [1999] UKEAT 222_98_2807 28 Jul 1999 EAT Employment [ Bailii ]  N A Green and J M Goodwin v K A Ahmad EAT/206/99 28 Jul 1999 EAT The Honourable Mr Justice Charles Employment EAT Procedural Issues - Employment Tribunal. [ EATn ]  London Borough of Southwark v Whillier [1999] UKEAT 495_99_2807 28 Jul 1999 EAT Employment 1 Cites 1 Citers [ Bailii ]  Devine v Mancunian Glass Ltd [1999] UKEAT 462_97_2807 28 Jul 1999 EAT Employment [ Bailii ]  Davies v Secretary of State for Trade and Industry [1999] UKEAT 1034_98_2807 28 Jul 1999 EAT Employment [ Bailii ]  Martin v Haines [1999] UKEAT 1238_98_2807 28 Jul 1999 EAT Employment [ Bailii ]  Thornhill v London Central Bus Co Ltd [1999] UKEAT 463_99_2807 28 Jul 1999 EAT Employment [ Bailii ]  Green and Another v Ahmad [1999] UKEAT 206_99_2807 28 Jul 1999 EAT Employment [ Bailii ]  Kenneth Collinson v Central Parking System of the UK Limited EAT/561/99 28 Jul 1999 EAT The Honourable Mr Justice Morison (P) Employment EAT Procedural Issues - Employment Appeal Tribunal. [ EATn ]  Casserley v E Cookson Ltd [1999] UKEAT 483_99_2807 28 Jul 1999 EAT Employment [ Bailii ]  Collinson v Central Parking System of the UK Ltd [1999] UKEAT 561_99_2807 28 Jul 1999 EAT Employment 1 Cites 1 Citers [ Bailii ]   Coker and Osamor v Lord Chancellor and Lord Chancellor's Department; ET 28-Jul-1999 - Gazette, 28 July 1999; [1999] IRLR 396  Iles v Ross Newton Recruitment [1999] UKEAT 568_99_2807 28 Jul 1999 EAT Employment [ Bailii ]  Morton v Mir [1999] UKEAT 602_99_2807 28 Jul 1999 EAT Employment [ Bailii ]  Budgett v Post Office [1999] UKEAT 554_99_2807 28 Jul 1999 EAT Employment [ Bailii ]  Gould v Lambrook Haileybury School [1999] UKEAT 383_99_2807 28 Jul 1999 EAT Employment 1 Cites 1 Citers [ Bailii ]  Mir v Page and others [1999] UKEAT 566_99_2807 28 Jul 1999 EAT Employment [ Bailii ]  Kenneth Collinson v Central Parking System of the UK Limited EAT/561/99 28 Jul 1999 EAT The Honourable Mr Justice Morison (P) Employment EAT Procedural Issues - Employment Appeal Tribunal  Thomas v South Church Social Club Ltd and Another [1999] UKEAT 708_99_2907 29 Jul 1999 EAT Employment [ Bailii ]  Sprodon Press Ltd v Groake [1999] UKEAT 74_99_2907 29 Jul 1999 EAT Employment [ Bailii ]  Abbey National Plc and Another v Ackroyd [1999] UKEAT 987_98_2907 29 Jul 1999 EAT Employment [ Bailii ]  Malhotra v Price Waterhouse [1999] UKEAT 528_98_2907 29 Jul 1999 EAT Employment [ Bailii ]  South West Logistics v Collings [1999] UKEAT 333_99_2907 29 Jul 1999 EAT Employment [ Bailii ]  Mcdonald v Pro Delta Systems Ltd [1999] UKEAT 1326_98_2907 29 Jul 1999 EAT Employment [ Bailii ]  N R Young v National Power Plc EAT/843/98 29 Jul 1999 EAT His Honour Judge H J Byrt QC Employment EAT Equal Pay Act -  E Mensah v Northwick Park Hospital and others EAT/711/99; [1999] UKEAT 711_99_2907 29 Jul 1999 EAT The Honourable Mr Justice Charles Discrimination, Employment EAT Race Discrimination - Direct [ Bailii ]  N R Young v National Power Plc EAT/843/98 29 Jul 1999 EAT His Honour Judge H J Byrt Qc Employment EAT Equal Pay Act - (no sub-topic). [ EATn ]  Ms A J Mcdonald v Pro Delta Systems Ltd EAT/1326/98 29 Jul 1999 EAT His Honour Judge D M Levy Qc Employment EAT Contract of Employment - Breach of Contract. [ EATn ]  Young v National Power Plc [1999] UKEAT 843_98_2907 29 Jul 1999 EAT Employment [ Bailii ]  A J Mcdonald v Pro Delta Systems Ltd EAT/1326/98 29 Jul 1999 EAT His Honour Judge D M Levy QC Employment EAT Contract of Employment - Breach of Contract  United Distillers and Vintners Ltd v George Brown EAT/370/99 2 Aug 1999 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Reason for Dismissal  Governing Body of Clifton Middle Schooland others v Askew Gazette, 02 September 1999; Times, 02 August 1999 2 Aug 1999 CA Employment A teacher employed within a local authority school was an employee of the authority and not of the school itself. Where an authority cease to maintain a junior and middle school and opened a new school he was properly made redundant. The transfer of undertakings regulations did not apply in his case. Education Act 1980 12 - Transfer of Undertakings (Protection of Employment) Regulations 1981 (1981 No 1794)  Bernadone v Pall Mall Services Group Ltd and Others Times, 02 August 1999 2 Aug 1999 QBD Employment Where an undertaking was transferred, and there remained outstanding a liability of the employer to an employee for damages for personal injuries, even though not pleaded under Health and Safety legislation, was transferred to the transferee by virtue of the regulations to the new employer where the liability may also have arisen by virtue of the employer employee relationship. Transfer of Undertakings (Protection of Employment) Regulations 1981 (1981 No 1794) 1 Citers  United Distillers and Vintners Ltd v George Brown EAT/370/99 2 Aug 1999 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ]  David Maclaine v Adpartners Ltd EAT/447/99 3 Aug 1999 EAT The Honourable Lord Johnston Employment EAT Contract of Employment - Breach of Contract. [ EATn ]  David Maclaine v Adpartners Ltd EAT/447/99 3 Aug 1999 EAT The Honourable Lord Johnston Employment EAT Contract of Employment - Breach of Contract  Abdur Rashid Zafar v Unison EAT/396/99 6 Aug 1999 EAT The Honourable Lord Johnston Employment EAT Procedural Issues - Employment Tribunal  Zafar v Unison EAT/396/99 6 Aug 1999 EAT The Honourable Lord Johnston Employment EAT Procedural Issues - Employment Tribunal. [ EATn ]  Dr Grace Awaekpo v St Mary's NHS Trust and others [1999] EWCA Civ 2075 10 Aug 1999 CA Employment, Discrimination 1 Cites 1 Citers [ Bailii ]  Nour Edine El-Yassini v Secretary of State for the Home Department Case C-416/96 Gazette, 11 August 1999 11 Aug 1999 ECJ Employment, European Where a member state accepted a foreign national and later gave him a work permit upon his marriage, it was permissible not to renew that residence and work permit where the circumstance warranting the work permit disappeared upon his separation from his wife. It would be different where the employment rights granted had been greater in extent than the residence permit.  F Khanum v IBC Vehicles Ltd EAT/685/98; [1999] UKEAT 685_98_1509; [1998] UKEAT 685_98_0109 15 Aug 1999 EAT The Honourable Mr Justice Morison (P) Employment, Discrimination EAT Race Discrimination - Other [ Bailii ] - [ Bailii ] - [ EATn ]  Avinash Dhopatkar v Doshi Financial Services Limited [1999] EWCA Civ 2088 18 Aug 1999 CA Employment [ Bailii ]  Bolah v Invicta Community Care NHS Trust [1999] UKEAT 1281_98_1908 19 Aug 1999 EAT Employment [ Bailii ]  Onomor v Osbornes (A Firm) [1999] UKEAT 1372_98_1908 19 Aug 1999 EAT Employment [ Bailii ]  Whitbread Plc (T/A Whitbread Medway Inns) v Hall [1999] UKEAT 1233_98_1908 19 Aug 1999 EAT Employment 1 Cites 1 Citers [ Bailii ]  D Bolah v Invicta Community Care NHS Trust EAT/1281/98 19 Aug 1999 EAT The Honourable Mr Justice Charles Employment EAT Unfair Dismissal - Procedural Fairness  D Bolah v Invicta Community Care NHS Trust EAT/1281/98 19 Aug 1999 EAT The Honourable Mr Justice Charles Employment EAT Unfair Dismissal - Procedural fairness/automatically unfair dismissal. [ EATn ]  Bavin v NHS Trust Pensions Agency Sos for Health [1999] UKEAT 1211_98_1908 19 Aug 1999 EAT Employment [ Bailii ]  In Appeal Under the Industrial Tribunals Act 1996 By Colin Heggie v Uniroyal Englebert Tyres Ltd 20 Aug 1999 SCS Lord Milligan Scotland, Employment Industrial Tribunals Act 1996 [ ScotC ]   Newbold and Another v Leicester City Council; CA 20-Aug-1999 - Times, 20 August 1999; Gazette, 11 August 1999  P Wimbush v South Downs Health NHS Trust EAT/921/99 23 Aug 1999 EAT The Honourable Mr Justice Morison (P Employment EAT Procedural Issues - Employment Tribunal. [ EATn ]  C A Vicary v British Telecommunications Plc Gazette, 10 November 1999; EAT/1297/98; (1999) IRLR 680 23 Aug 1999 EAT The Honourable Mr Justice Morison (P) Employment, Discrimination When assessing disability, the tribunal should be careful not to think that disability would necessarily be evidenced by some physical sign, such as dependence upon a wheelchair. The large majority of the disabled would not meet such an assessment, and the statutory criteria are not so limited. Disability Discrimination Act 1995 1 Citers  P Wimbush v South Downs Health NHS Trust EAT/921/99; [1999] UKEAT 921_99_2308 23 Aug 1999 EAT The Honourable Mr Justice Morison (P Employment EAT Procedural Issues - Employment Tribunal [ Bailii ]  Ursula Riniker v University College London EAT/962/95 EAT/1236/95 EAT/ 23 Aug 1999 EAT The Honourable Mr Justice Morison (P) Employment EAT Contract of Employment - Breach of Contract. [ EATn ]  BBC World Service and Another v Jiad (Al Timimi) [1999] UKEAT 1014_98_2308 23 Aug 1999 EAT Employment [ Bailii ]  Embling v British Steel Plc [1999] UKEAT 344_99_2308 23 Aug 1999 EAT Employment [ Bailii ]  Meme v Lloyds Bank Plc [1999] UKEAT 600_95_2308 23 Aug 1999 EAT Employment [ Bailii ]  Vicary v British Telecommunications Plc [1999] UKEAT 1297_98_2308 23 Aug 1999 EAT Employment [ Bailii ]  Woods v Lambeth Service Team Ltd [1999] UKEAT 251_99_2308 23 Aug 1999 EAT Employment [ Bailii ]  Ursula Riniker v University College London EAT/1236/95; EAT/962/95; [1999] UKEAT 962_95_2308 23 Aug 1999 EAT The Honourable Mr Justice Morison (P) Employment EAT Contract of Employment - Breach of Contract 1 Cites 1 Citers [ Bailii ]  Quinn v Filton College [1999] UKEAT 151_99_2308 23 Aug 1999 EAT Employment [ Bailii ]  First Point International Ltd v Department of Trade and Industry Times, 24 August 1999 24 Aug 1999 QBD Employment A fee charged by an employment agency for an applicant to complete an appraisal form before being accepted for work through the agency was unlawful. The form was sufficiently proximate to be part of the process of 'seeking employment' for the offence to be committed, though it remains a question of fact in each case. Employment Agencies Act 1973 6(1)  Larkin v Korean Airlines Co Ltd [1999] UKEAT 1241_98_2408 24 Aug 1999 EAT Employment [ Bailii ]  the London Borough of Lewisham v R L Candy D L Cormack, Respondents EAT/1367/97 24 Aug 1999 EAT The Honourable Mr Justice Charles Employment EAT Unfair Dismissal - Other  the London Borough of Lewisham v R L Candy, D L Cormack, Respondents EAT/1367/97 24 Aug 1999 EAT The Honourable Mr Justice Charles Employment EAT Unfair Dismissal - Other [ EATn ]  SPV v AM and Another [1999] EWCA Civ 2111 27 Aug 1999 CA Lord Justice Schiemann Employment, Discrimination, Police The respondent sought leave to appeal against a decision of the Employment Appeal Tribunal that he was an appropriate respondent to the claimant's claim for sex discrimination. The claimant had been a police officer, and claimed she had been the subject of repeated and unwanted sexual advances from the respondent. He argued that only the Chief Constable was an appropriate defendant. Held: A police officer against whom an allegation of discrimination was made was a proper respondent in addition to the Chief Constable. The case of Fara was of no assistance to him. The legislation clearly allowed that he might have responsibility. Discrimination Act 1975 6(2)(b) 41(1) 42 17(1) 1 Cites  Gorton and Openshaw Trades and Labour Halls (1994) Ltd v Brierley [1999] UKEAT 718_98_0109 1 Sep 1999 EAT Employment [ Bailii ]  Anite Systems Ltd v Williams-Key [1999] UKEAT 898_98_0109 1 Sep 1999 EAT Employment [ Bailii ]   Hammersmith and Fulham London Borough Council v Ladejobi; EAT 2-Sep-1999 - Gazette, 02 September 1999; [1999] ICR 673  Ms J Thomson v Panasonic Business Systems Sales (Uk) Ltd EAT/880/99 4 Sep 1999 EAT His Honour Judge Peter Clark Employment EAT Procedural Issues - Employment Tribunal. [ EATn ]  Kaye v Greener, Liasadata Ltd (In Liquidation), First Century Retail Ltd EAT/853/98 5 Sep 1999 EAT His Honour Judge Peter Clark Employment EAT Procedural Issues - Employment Tribunal. [ EAT ]  Sainsburys Supermarkets Ltd v Gotts [1999] UKEAT 982_99_0709 7 Sep 1999 EAT Employment [ Bailii ]  Herbert Rapaport Ltd v Augustine [1999] UKEAT 988_99_0809 8 Sep 1999 EAT Employment [ Bailii ]  Vent-Axia Ltd v John Wright EAT/523/99 13 Sep 1999 EAT The Honourable Lord Johnston Employment EAT Procedural Issues - Employment Tribunal. [ EATn ]  Claymore Graphics Ltd v Philip James Simpson EAT/450/99 13 Sep 1999 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Compensation. [ EATn ]  Vent-Axia Ltd v John Wright EAT/523/99 13 Sep 1999 EAT The Honourable Lord Johnston Employment EAT Procedural Issues - Employment Tribunal  Claymore Graphics Ltd v Philip James Simpson EAT/450/99 13 Sep 1999 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Compensation  Edwards v London Borough of Brent [1999] UKEAT 1503_98_1409 14 Sep 1999 EAT Employment [ Bailii ]  Johnson v Hampshire Probation Service [1999] UKEAT 1144_98_1409 14 Sep 1999 EAT Employment [ Bailii ]  D Johnson v Hampshire Probation Service EAT/1144/98 14 Sep 1999 EAT His Honour Judge Peter Clark Employment EAT Unlawful Deduction from Wages -  Krishna v Argyll and Bute Council and Another [1999] UKEAT 446_99_1409 14 Sep 1999 EAT Employment [ Bailii ]  Griffiths v Post Office [1999] UKEAT 511_99_1409 14 Sep 1999 EAT Employment [ Bailii ]  Gorton and Openshaw Trades and Labour Halls (1994) Ltd v C Brierley EAT/718/98 14 Sep 1999 EAT His Honour Judge J Hicks QC Employment EAT Redundancy - Collective Consultation and Information  D Johnson v Hampshire Probation Service EAT/1144/98 14 Sep 1999 EAT His Honour Judge Peter Clark Employment EAT Unlawful Deduction from Wages - (no sub-topic). [ EATn ]  Reuben v London Borough of Brent and Another [1999] UKEAT 273_97_1409 14 Sep 1999 EAT Employment [ Bailii ]  Gorton and Openshaw Trades and Labour Halls (1994) Ltd v C Brierley EAT/718/98 14 Sep 1999 EAT His Honour Judge J Hicks Qc Employment EAT Redundancy - Collective consultation and information. [ EATn ]  Mhc Consulting Services Ltd v Tansell and others [1999] UKEAT 1373_98_1409 14 Sep 1999 EAT Employment [ Bailii ]  Connolly v Sellers Arenascene Ltd EAT/755/98; [1999] UKEAT 755_98_1409 14 Sep 1999 EAT The Honourable Mr Justice Morison (P) Employment EAT Contract of Employment - Breach of Contract 1 Cites 1 Citers [ Bailii ] - [ EAT ]  Acland and others v Devon County Council and others EAT/1220/98; [1999] UKEAT 1220_98_1409 14 Sep 1999 EAT The Honourable Mr Justice Morison (P) Employment, Discrimination EAT Equal Pay Act [ Bailii ] - [ EAT ]  3M Neotechnic Ltd v Bergman [1999] UKEAT 608_99_1409 14 Sep 1999 EAT Employment [ Bailii ]  D Reuben v 1) London Borough of Brent, 2) Wise St Ledger EAT/273/97 14 Sep 1999 EAT The Honourable Mr Justice Morison (P) Employment EAT Procedural Issues - Employment Appeal Tribunal. [ EATn ]  D Reuben v London Borough of Brent, Wise St Ledger EAT/273/97 14 Sep 1999 EAT The Honourable Mr Justice Morison (P) Employment EAT Procedural Issues - Employment Appeal Tribunal  Gorton and Openshaw Trades and Labour Halls (1994) Ltd v Brierley [1999] UKEAT 718_98_1409 14 Sep 1999 EAT Hicks QC HHJ Employment Whether claimant had been continuously emloyed [ Bailii ]  Playle and others v Churchill Insurance Ltd, Cga Group Ltd, Cga Direct (Insurance Brokers) Ltd EAT/570/98 15 Sep 1999 EAT The Honourable Mr Justice Morison (P) Employment EAT Equal Pay Act - (no sub-topic). [ EATn ]  Doshoki v Draeger Medical Ltd [1999] UKEAT 39_99_1509 15 Sep 1999 EAT Employment [ Bailii ]  Edwards v Mid-Suffolk District Council [1999] UKEAT 194_99_1509 15 Sep 1999 EAT Employment [ Bailii ]  Hawwari v British Broadcasting Corporation and others [1999] UKEAT 1012_99_1509 15 Sep 1999 EAT Employment 1 Citers [ Bailii ]  Deborah Banks v 1) Tesco Stores Limited, 2) Secretary of State for Social Security EAT/911/97 15 Sep 1999 EAT The Honourable Mr Justice Morison (P) Employment EAT Maternity Rights and Parental Leave - (no sub-topic). [ EATn ]  G Robinson, G Robinson, Laportes Sports and Social Club v M Ward and Others, Secretary of State for Trade and Industry EAT/1224/96, EAT/590/97 15 Sep 1999 EAT The Honourable Mr Justice Morison (P) Employment EAT Procedural Issues - Employment Tribunal. [ EATn ]  Shipman v B and Q Plc [1999] UKEAT 593_97_1509 15 Sep 1999 EAT Employment [ Bailii ]  Jamaica Taverns Ltd v G J Spratt, J T Marsh EAT/1042/98 15 Sep 1999 EAT His Honour Judge Peter Clark Employment EAT Procedural Issues - Employment Tribunal. [ EATn ]  Robinson and Another v Boardman and Another [1999] UKEAT 1224_96_1509 15 Sep 1999 EAT Employment [ Bailii ]  Davies v Neath Port Talbot County Borough Council Times, 26 October 1999; Gazette, 10 November 1999; EAT/449/97; [1999] UKEAT 449_97_1509 15 Sep 1999 EAT The Honourable Mr Justice Morison (P) Discrimination, Employment, European A part time worker who attended a full time course on union matters connected with her employment was discriminated against when not paid the full time taken by the course. Since the majority of part time workers were women, a provision resulting in part timers having to spend unpaid time for which a full time worker would be paid was indirect discrimination. EAT European Material - Article 19 [ Bailii ]  Playle and others v Churchill Insurance Ltd, CGA Group Ltd, CGA Direct (Insurance Brokers) Ltd EAT/570/98 15 Sep 1999 EAT The Honourable Mr Justice Morison (P) Employment EAT Equal Pay Act -  Hoyle v Nottingham Ambulance Service NHS Trust [1999] UKEAT 475_99_1509 15 Sep 1999 EAT Employment [ Bailii ]  Playle and others v Churchill Insurance Ltd and others [1999] UKEAT 570_98_1509 15 Sep 1999 EAT Employment [ Bailii ]  Davies v Neath Port Talbot County Borough Council EAT/449/97 15 Sep 1999 EAT The Honourable Mr Justice Morison (P) Employment EAT European Material - Article 19. [ EATn ]  Jamaica Taverns Ltd v G J Spratt, J T Marsh EAT/1042/98 15 Sep 1999 EAT His Honour Judge Peter Clark Employment EAT Procedural Issues - Employment Tribunal  Banks v Tesco Stores Ltd and Another [1999] UKEAT 911_97_1509 15 Sep 1999 EAT Employment [ Bailii ]  G Robinson, G Robinson, Laportes Sports and Social Club v M Ward and Others, Secretary of State for Trade and Industry EAT/590/97; EAT/1224/96 15 Sep 1999 EAT The Honourable Mr Justice Morison (P) Employment EAT Procedural Issues - Employment Tribunal  Jamaica Taverns Ltd v Spratt and Another [1999] UKEAT 1042_98_1509 15 Sep 1999 EAT Employment [ Bailii ]  Nedd v Westminster Council and Another [1999] UKEAT 159_98_1609 16 Sep 1999 EAT Employment [ Bailii ]  Bishop v Graham Group Plc [1999] UKEAT 800_98_1609; EAT/800/98 16 Sep 1999 EAT His Honour Judge H J Byrt QC Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ Bailii ] - [ EAT ]  Unicorn Consultancy Services Ltd v M C Westbrook and 17 others EAT/892/98; [1999] UKEAT 892_98_1609; [2000] IRLR 80 16 Sep 1999 EAT The Honourable Mr Justice Charles Employment EAT Transfer of Undertakings - Transfer EAT Transfer of Undertakings - Transfer. 1 Citers [ Bailii ] - [ EATn ]  McCann v Allander Security EAT/485/99 16 Sep 1999 EAT The Honourable Lord Johnston Employment EAT Contract of Employment - Written particulars. [ EAT ]  Hawam v Hughes [1999] UKEAT 872_98_1609; EAT/872/98 16 Sep 1999 EAT His Honour Judge H J Byrt QC Employment EAT Unlawful Deduction from Wages [ Bailii ] - [ EAT ]  Tesco Stores Ltd v Toshney EAT/552/99 16 Sep 1999 EAT The Honourable Lord Johnston Employment EAT Trade Union Rights [ EAT ]  Khan and Co Ltd v Baptiste [1999] UKEAT 1000_99_1609 16 Sep 1999 EAT Employment [ Bailii ]  Williams v Southside Partnership [1999] UKEAT 829_98_1609 16 Sep 1999 EAT Employment [ Bailii ]  Becu and others C-22/98 [1999] EUECJ C-22/98 16 Sep 1999 ECJ Employment, Commercial (Judgment) Competition - National legislation allowing only 'recognised dockers' to perform certain dock duties - Meaning of 'undertaking' - Special or exclusive rights [ Bailii ]  Riggall and others v Global Shipping Services Ltd [1999] UKEAT 1489_98_1609 16 Sep 1999 EAT Employment [ Bailii ]  Everitt v British Telecommunications Plc [1999] UKEAT 399_98_1609 16 Sep 1999 EAT Employment [ Bailii ]  United Distillers and Vintners Ltd v Paul Ronald Moxham EAT/497/99 17 Sep 1999 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ]  University of Lincolnshire and Humberside v Goodall [1999] UKEAT 1016_98_1709 17 Sep 1999 EAT Employment [ Bailii ]  Levi v Callan School of English [1999] UKEAT 197_99_1709 17 Sep 1999 EAT Employment [ Bailii ]  Aderibigbe v College of Law [1999] UKEAT 336_99_1709 17 Sep 1999 EAT Employment [ Bailii ]  Shaw v Memco Ltd [1999] UKEAT 1199_98_1709 17 Sep 1999 EAT Employment [ Bailii ]  Kent County Council v Mingo [1999] UKEAT 1097_98_1709 17 Sep 1999 EAT Employment [ Bailii ]  Gocram Ltd and Another v Murait and others [1999] UKEAT 1371_98_1709 17 Sep 1999 EAT Employment [ Bailii ]  Gittins v Oxford Radcliffe NHS Trust [1999] UKEAT 193_99_1709 17 Sep 1999 EAT Employment [ Bailii ]  United Distillers and Vintners Ltd v Paul Ronald Moxham EAT/497/99 17 Sep 1999 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Reason for Dismissal  D R Greenall v Stanley Leisure Plc EAT/1383/98; [1999] UKEAT 1383_98_2009 20 Sep 1999 EAT His Honour Judge Peter Clark Employment EAT Time Limits - 1 Cites [ Bailii ]  Carrier v the Merseyside Police Authority [1999] UKEAT 432_99_2009 20 Sep 1999 EAT Employment [ Bailii ]  Crecente and Another v Carvosso (T/A Pissaro's Wine Bar) [1999] UKEAT 1014_99_2009 20 Sep 1999 EAT Employment [ Bailii ]  Daley v Lafarge Redland Aggregates Ltd and Another [1999] UKEAT 525_99_2009 20 Sep 1999 EAT Employment [ Bailii ]  D R Greenall v Stanley Leisure Plc EAT/1383/98 20 Sep 1999 EAT His Honour Judge Peter Clark Employment EAT Time Limits - (no sub-topic) [ EATn ]  E Oyewole v Capital Citybus Ltd T/A First Capital EAT/1021/99 21 Sep 1999 EAT His Honour Judge J Hicks Qc Employment EAT Procedural Issues - Employment Tribunal. [ EATn ]  Moore v Warings Contractors Ltd [1999] UKEAT 1043_99_2109 21 Sep 1999 EAT Employment [ Bailii ]  Oyewole v Capital Citybus Ltd (T/A First Capital) [1999] UKEAT 1021_99_2109 21 Sep 1999 EAT Employment [ Bailii ]  Norbrook Laboratories (Gb) Ltd v Fuller [1999] UKEAT 637_99_2109 21 Sep 1999 EAT Employment [ Bailii ]  E Oyewole v Capital Citybus Ltd T/A First Capital EAT/1021/99 21 Sep 1999 EAT His Honour Judge J Hicks QC Employment EAT Procedural Issues - Employment Tribunal  Jennings v H and P Freightway Ltd [1999] UKEAT 636_99_2109 21 Sep 1999 EAT Employment [ Bailii ]  Riordan v East Staffordshire Borough Council [1999] UKEAT 20_99_2109 21 Sep 1999 EAT Employment [ Bailii ]  Palmer v Kay Bee and Action Cleaning Services [1999] UKEAT 346_99_2109 21 Sep 1999 EAT Employment [ Bailii ]  Murgai v Home Office Immigration and Nationality Directorate [1999] UKEAT 866_99_2109 21 Sep 1999 EAT Employment [ Bailii ]  Stubbings v Ministry of Defence [1999] UKEAT 494_99_2109 21 Sep 1999 EAT Employment 1 Cites 1 Citers [ Bailii ]  P Parry v Secretary of State for Trade and Industry EAT/1301/98 23 Sep 1999 EAT His Honour Judge Peter Clark Employment EAT Insolvent Employer -  M St Hilaire and 72 others v Holiday Dyes and Chemicals Ltd EAT/1315/98 23 Sep 1999 EAT His Honour Judge Peter Clark Employment EAT Unlawful Deduction from Wages - (no sub-topic). [ EATn ]  Hilaire and others v Holiday Dyes and Chemicals Ltd [1999] UKEAT 1315_98_2309 23 Sep 1999 EAT Employment [ Bailii ]  C Liburd v Hideaway Youth Project EAT/37/99 23 Sep 1999 EAT His Honour Judge J Hicks QC Employment EAT Time Limits -  M St Hilaire and 72 others v Holiday Dyes and Chemicals Ltd EAT/1315/98 23 Sep 1999 EAT His Honour Judge Peter Clark Employment EAT Unlawful Deduction from Wages -  Liburd v Hideaway Youth Project [1999] UKEAT 37_99_2309 23 Sep 1999 EAT Employment [ Bailii ]  C Liburd v Hideaway Youth Project EAT/37/99 23 Sep 1999 EAT His Honour Judge J Hicks Qc Employment EAT Time Limits - (no sub-topic). [ EATn ]  Parry v Secretary of State for Trade and Industry [1999] UKEAT 1301_98_2309 23 Sep 1999 EAT Employment [ Bailii ]  P Parry v Secretary of State for Trade and Industry EAT/1301/98 23 Sep 1999 EAT His Honour Judge Peter Clark Employment EAT Insolvency - (no sub-topic) [ EATn ]  Akinbile v South London Family Housing Association [1999] UKEAT 92_99_2309; EAT/92/99 23 Sep 1999 EAT His Honour Judge J Hicks QC Employment 1 Cites 1 Citers [ Bailii ]  Dench v Fynn and Partners [1999] UKEAT 532_99_2409 24 Sep 1999 EAT Employment 1 Cites [ Bailii ]  Quashie v London Borough of Greenwich [1999] UKEAT 1242_98_2409 24 Sep 1999 EAT Employment [ Bailii ]  Andrews v Prudential Assurance Co Ltd [1999] UKEAT 534_99_2409 24 Sep 1999 EAT Employment [ Bailii ]  Gembah-Jah v Royal Lancaster Landmark Hotel Co Ltd [1999] UKEAT 536_99_2409 24 Sep 1999 EAT Employment [ Bailii ]  Tchoula v ICTS (UK) Ltd [1999] UKEAT 465_99_2709 27 Sep 1999 EAT Employment 1 Citers [ Bailii ]  Smith and Grady v The United Kingdom Gazette, 10 November 1999; Times, 11 October 1999; (1999) 29 EHRR 493; (1999) IRLR 734; (2001) 31 EHRR 620; [2000] 29 EHRR 549; [2000] ECHR 383; 33986/96; [1999] ECHR 72; [1999] ECHR 180; 33985/96 27 Sep 1999 ECHR Human Rights, Employment, Armed Forces, Administrative The United Kingdom's ban on homosexuals within the armed forces was a breach of the applicants' right to respect for their private and family life. Applicants had also been denied an effective remedy under the Convention. The investigations into private lives and sexual activity were intrusive, and given the excessive consequences following, were also striking in their inability to admit of exceptions. The threshold at which the High Court and the Court of Appeal could find the Ministry of Defence policy irrational was placed so high that it effectively excluded any consideration by the domestic courts of the question of whether the interference with the applicants’ rights answered a pressing social need or was proportionate to the national security and public order aims pursued, principles which lie at the heart of the court’s analysis of complaints under article 8 of the Convention. Hudoc Judgment (Merits and just satisfaction) Violation of Art. 8; No separate issue under Art. 14+8; No violation of Art. 3 or Art. 14+3; Not necessary to examine under Art. 10 or Art. 14+10; Violation of Art. 13; Just satisfaction reserved Hudoc Judgment (Just satisfaction) Non-pecuniary damage - financial award; Pecuniary damage - financial award; Costs and expenses partial award - domestic proceedings; Costs and expenses partial award - Convention proceedings European Convention on Human Rights 8 13 41 - Prison Act 1952 - European Convention on Human Rights 1 Cites 1 Citers [ Worldlii ] - [ Worldlii ] - [ Bailii ] - [ Bailii ]  London Borough of Barking and Dagenham v Oguoko [1999] UKEAT 819_98_2709 27 Sep 1999 EAT Employment [ Bailii ]  K E Taylor v Commissioners of Inland Revenue EAT/498/98 27 Sep 1999 EAT His Honour Judge Peter Clark Discrimination, Employment EAT Sex Discrimination - Indirect 1 Cites [ EAT ]  Lancaster v Dek Printing Machines Ltd [1999] UKEAT 623_99_2709 27 Sep 1999 EAT Hicks QC J Employment 1 Cites [ Bailii ]  Tyagi v BBC World Service [1999] UKEAT 726_99_2709 27 Sep 1999 EAT Employment 1 Citers [ Bailii ]  Ministry of Defence v D J Clutterbuck and others EAT/322/97 28 Sep 1999 EAT His Honour Judge Peter Clark Employment EAT Transfer of Undertakings - Dismissall [ EATn ]  London Borough of Hillingdon v Scott [1999] UKEAT 1289_98_2809 28 Sep 1999 EAT Employment [ Bailii ]  Tsontzos v Hilton International Hotels (Uk) Ltd [1999] UKEAT 635_99_2809 28 Sep 1999 EAT Employment [ Bailii ]  Ministry of Defence v Clutterbuck and others [1999] UKEAT 322_97_2809 28 Sep 1999 EAT Employment [ Bailii ]  Deman v Victoria University of Manchester [1999] UKEAT 1375_98_2809 28 Sep 1999 EAT Employment 1 Cites 1 Citers [ Bailii ]  Rudzki v Manchester Metropolitan University [1999] UKEAT 640_99_2809 28 Sep 1999 EAT Employment [ Bailii ]  Nelson v Kingston Cables Distributors Ltd [1999] UKEAT 662_99_2809 28 Sep 1999 EAT Employment [ Bailii ]  Taylor v Inland Revenue [1999] UKEAT 498_98_2809 28 Sep 1999 EAT Employment [ Bailii ]  V Young v John D Wood and Co EAT/1092/98 29 Sep 1999 EAT His Honour Judge J Hicks QC Employment EAT Unfair Dismissal - Constructive Dismissal  Edwards v Surrey Police Gazette, 29 September 1999; (1999) IRLR 456 29 Sep 1999 EAT Employment In order to constitute a dismissal, a party to an employment contract must communicate to the other the termination of the contract. Employees unhappy with their work regularly walk out, only to return later. Composing a letter of resignation but not sending it, did not communicate any intention to resign, and the questions of constructive dismissal must be decided accordingly.  Trofinisen-Allport v Lepage [1999] UKEAT 277_99_2909 29 Sep 1999 EAT Employment [ Bailii ]   Hailwood v Best Power Technology Ltd; EAT 29-Sep-1999 - EAT/1253/99; [2000] EAT 1253_99_1301  Marshall and others v The Hampshire Probation Service EAT/1440/98 29 Sep 1999 EAT His Honour Judge Peter Clark Employment EAT Trade Union Rights -  Marshall and others v Hampshire Probation Service [1999] UKEAT 1440_98_2909 29 Sep 1999 EAT Employment [ Bailii ]  Bavin v NHS Pensions Agency and Another [1999] UKEAT 1211_98_2909 29 Sep 1999 EAT Employment [ Bailii ]  Brierley v Devon County Council and Another [1999] UKEAT 174_99_2909 29 Sep 1999 EAT Employment [ Bailii ]  v Young v John D Wood and Co EAT/1092/98 29 Sep 1999 EAT His Honour Judge J Hicks Qc Employment EAT Unfair Dismissal - Constructive dismissal. [ EATn ]  R Marshall and others v the Hampshire Probation Service EAT/1440/98 29 Sep 1999 EAT His Honour Judge Peter Clark Employment EAT Trade Union Rights - (no sub-topic). [ EATn ]   Cerberus Software Ltd v Rowley; EAT 29-Sep-1999 - Gazette, 10 November 1999; (1999) IRLR 690; [1999] UKEAT 1023_98_2909  Whitehouse v Chas A Blatchford and Sons Ltd Gazette, 29 September 1999; (1999) IRLR 482; [1999] EWCA Civ 1255; [2000] ICR 242 29 Sep 1999 CA Beldam, Buxton, Jonathan Parker LJJ Employment A transfer of undertaking was conditional upon a reduction in the workforce, so that a dismissal which followed the transfer was for an 'economic, technical, or organisational' reason entailing a change in the workforce'. The transfer was the occasion of the job loss, but not the cause or reason for that deduction. The dismissal was connected with the provision of the service. Transfer of Undertakings (Protection of Employment) Regulations 1981 No 1794 8 (2) [ Bailii ]  Fletcher v Railtrack Plc [1999] UKEAT 618_99_2909 29 Sep 1999 EAT Employment [ Bailii ]  Ilangaratne v British Medical Association [1999] UKEAT 1408_98_2909 29 Sep 1999 EAT Employment 1 Cites 1 Citers [ Bailii ]  Garrod v Rehfuss Drives Ltd [1999] UKEAT 606_99_2909 29 Sep 1999 EAT Employment [ Bailii ]  Young v John D Wood and Co [1999] UKEAT 1092_98_2909 29 Sep 1999 EAT Employment [ Bailii ]  Thurlow v Neumann Exhibitions Ltd and Another [1999] UKEAT 615_99_3009 30 Sep 1999 EAT Employment [ Bailii ]  Links London Ltd v Ducasse [1999] UKEAT 677_99_3009 30 Sep 1999 EAT Employment [ Bailii ]  L Thurlow v Neumann Exhibitions Ltd, David Mills EAT/615/99 30 Sep 1999 EAT His Honour Judge Peter Clark Employment EAT Procedural Issues - Employment Tribunal. [ EATn ]  L Thurlow v Neumann Exhibitions Ltd David Mills EAT/615/99 30 Sep 1999 EAT His Honour Judge Peter Clark Employment EAT Pòocedural Issues - Employment Tribunal  Coles v National Trust [1999] UKEAT 1458_98_0110 1 Oct 1999 EAT Employment [ Bailii ]  Meyer v Adwest Steering Ltd [1999] UKEAT 808_98_0110 1 Oct 1999 EAT Employment [ Bailii ]  Levez etc v T H Jennings (Harlow Pools) Ltd (No 2) Times, 10 November 1999; EAT/311/99; EAT/812/94; [2000] ICR 58 1 Oct 1999 EAT The Honourable Mr Justice Morison (P) Discrimination, European, Employment The restriction on the awards of compensation for sex discrimination to payments in respect of a period of two years prior to the claim was unlawful. Claims of other natures were not so limited, and this could not be supported, since it was in breach of EC law. The period of only two years in section 2(5) offended against the principle of equivalence under EU law. Compensation could not be so limited. Treaty law is to prevail over national law where there was a conflict. EC Treaty Art 141 - Equal Pay Act 1970 2(5) 1 Cites 1 Citers [ EATn ]  Aked-Walker v Northamptonshire County Council [1999] UKEAT 932_98_0110 1 Oct 1999 EAT Employment [ Bailii ]  K M Horton v Ikea Limited EAT/644/98 1 Oct 1999 EAT His Honour Judge D Pugsley Employment EAT Unfair Dismissal - Re-Engagement  North Middlesex Hospital NHS Trust v Kumi [1999] UKEAT 682_98_0110 1 Oct 1999 EAT Employment [ Bailii ]  Kaye v Greener and Another [1999] UKEAT 853_98_0110 1 Oct 1999 EAT Employment [ Bailii ]  Knight v King Edward Vi Grammar School-Louth [1999] UKEAT 963_98_0110 1 Oct 1999 EAT Employment [ Bailii ]  K M Horton v Ikea Limited EAT/644/98 1 Oct 1999 EAT His Honour Judge D Pugsley Employment EAT Unfair Dismissal - Reinstatement/re-engagement. [ EATn ]  Alghafar v British Broadcasting Corporation [1999] UKEAT 108_99_0410 4 Oct 1999 EAT Employment [ Bailii ]  Thomson v Panasonic Business Systems Sales (Uk) Ltd [1999] UKEAT 880_99_0410 4 Oct 1999 EAT Employment [ Bailii ]  Mcguire v Initial Deborah Services Ltd [1999] UKEAT 1464_98_0410 4 Oct 1999 EAT Employment 1 Cites 1 Citers [ Bailii ]  Ghuman v Ford Motor Co. Ltd. [1999] UKEAT 720_99_0410 4 Oct 1999 EAT Employment [ Bailii ]  Holden v C T Platon Ltd [1999] UKEAT 598_99_0410 4 Oct 1999 EAT Employment [ Bailii ]  Ledeatte v Tower Hamlets [1999] UKEAT 739_99_0510 5 Oct 1999 EAT Employment [ Bailii ]  Vatcher v Kelly Services (Uk) Ltd [1999] UKEAT 595_99_0510 5 Oct 1999 EAT Employment [ Bailii ]  Bennett v Essex County Council and others [1999] UKEAT 1447_98_0510 5 Oct 1999 EAT Employment [ Bailii ]  Barnes and Another (T/A Barnes Thomas and Co) v Leavesley and others [1999] UKEAT 642_99_0510 5 Oct 1999 EAT Employment [ Bailii ]  Arean v Smithkline Beecham Plc [1999] UKEAT 1071_99_0510 5 Oct 1999 EAT Employment [ Bailii ]  Hardie v C D Northern Ltd [1999] UKEAT 1142_98_0510 5 Oct 1999 EAT Employment [ Bailii ]  Cobble Blackburn Ltd v Mcbride [1999] UKEAT 600_99_0510 5 Oct 1999 EAT Employment [ Bailii ]  During v Waltham Forest Energy Services Ltd [1999] UKEAT 1145_98_0610 6 Oct 1999 EAT Employment [ Bailii ]  S During v Waltham Forest Energy Services Limited EAT/1145/98 6 Oct 1999 EAT His Honour Judge J Hicks Qc Employment EAT Unfair Dismissal - Retirement Age. [ EATn ]  Filcom Ltd v Marshall and Another 6 Oct 1999 EAT Employment [ Bailii ] - [ ]  S During v Waltham Forest Energy Services Limited EAT/1145/98 6 Oct 1999 EAT His Honour Judge J Hicks QC Employment EAT Unfair Dismissal - Retirement Age  Lawal v Northern Spirit Ltd EAT/1170/98; EAT/1171/98; [1999] UKEAT 1170_98_0610 6 Oct 1999 EAT The Honourable Mr Justice Lindsay (President) Employment, Human Rights, Natural Justice The applicant objected that one of the lay members of the Appeal Tribunal had, on other occasions, sat with a recorder who, as counsel, was appearing for a party in that appeal. Held: There was no real possibility of bias from this scenario. The tribunal had to be independent and impartial, but mere generalised allegations of pre-disposition to favour one party were insufficient to create any legitimate doubt as to impartiality. The assertion was that there was a risk that a lay member might be subconsciously influenced by the previous professional relationship. For something as insidious and diverse as bias, it was not reasonable to demand an authority on all fours before finding a breach of article 6, but the lay members were carefully chosen. The requirements of article 6 differed only slightly from those long required by common law. EAT Procedural Issues - Employment Appeal Tribunal European Convention on Human Rights 1953 (1953 Cmd 8969) - Industrial Tribunals (Constitution and Rules of Procedure) Regulations 1993 7(9) 11 1 Cites 1 Citers [ Bailii ] - [ EATn ]  Wiles v Hull and Holderness Community Health NHS Trust [1999] UKEAT 528_99_0610 6 Oct 1999 EAT Employment [ Bailii ]  Curran (T/A Woodlands Motel and Servicing) v Peel [1999] UKEAT 427_99_0610 6 Oct 1999 EAT Employment [ Bailii ]  Dhesi v Buncher and Haseler Ltd [1999] UKEAT 761_99_0610 6 Oct 1999 EAT Employment [ Bailii ]  Guishard v Harrow [1999] UKEAT 599_99_0610 6 Oct 1999 EAT Employment [ Bailii ]  Dexter (T/A Johnny Goggles Opticians) v O'Connor and Another [1999] UKEAT 714_99_0710 7 Oct 1999 EAT Employment [ Bailii ]  C Knight v King Edward Vi Grammar School - Louth EAT/963/98 7 Oct 1999 EAT His Honour Judge Peter Clark Employment EAT Unfair Dismissal - Procedural fairness/automatically unfair dismissal. [ EATn ]  C Knight v King Edward VI Grammar School - Louth EAT/963/98; [1998] UKEAT 963_98_0112 7 Oct 1999 EAT His Honour Judge Peter Clark Employment EAT Unfair Dismissal - Procedural Fairness 1 Cites [ Bailii ]  Middlesbrough Conservative Club Ltd v Harris [1999] UKEAT 753_99_0710 7 Oct 1999 EAT Employment [ Bailii ]  Natfhe Union v Shahrokni [1999] UKEAT 232_98_0710 7 Oct 1999 EAT Employment [ Bailii ]  Filcom Ltd v R W Marshall S J Scanlan EAT/1058/99 7 Oct 1999 EAT The Honourable Mr Justice Holland Employment EAT Contract of Employment - Definition of Employee  Pearce v Mayfield School EAT/675/99; [1999] UKEAT 675_99_0710 7 Oct 1999 EAT Lindsay P J Employment, Discrimination Directions appeal. Sex Discrimination Act 1975 1 Cites 1 Citers [ Bailii ]  Percy A Hudson Ltd v Crosland [1999] UKEAT 700_99_0710 7 Oct 1999 EAT Employment [ Bailii ]  Filcom Ltd v R W Marshall, S J Scanlan EAT/1058/99 7 Oct 1999 EAT The Honourable Mr Justice Holland Employment EAT Contract of Employment - Definition of employee. [ EATn ]  Earl v Midlands Cooperative Society Ltd [1999] UKEAT 756_99_0810 8 Oct 1999 EAT Employment [ Bailii ]  Mahajan v Hays Personnel Services (T/A Accountancy Personnel) [1999] UKEAT 1271_98_0810 8 Oct 1999 EAT Employment [ Bailii ]  Paul v Lookers Motor Group Ltd (T/A Lookers Rochdale) [1999] UKEAT 665_99_0810 8 Oct 1999 EAT Employment [ Bailii ]  Millat Housing Association v Nijhar [1999] UKEAT 581_97_0810 8 Oct 1999 EAT Employment [ Bailii ]  Sunley v University of Leicester [1999] UKEAT 731_99_0810 8 Oct 1999 EAT Employment 1 Cites 1 Citers [ Bailii ]  Pereira v Estate Management (UK) Ltd and Another [1999] UKEAT 857_99_0810 8 Oct 1999 EAT Employment [ Bailii ]  Willing v Cottam [1999] UKEAT 1118_98_0810 8 Oct 1999 EAT Employment [ Bailii ]  Granges Building Systems Ltd (T/A Glostal Monarch) v Hill [1999] UKEAT 666_99_0810 8 Oct 1999 EAT Employment [ Bailii ]  Port v Royal Mail and others [1999] UKEAT 45_99_1110 11 Oct 1999 EAT Employment [ Bailii ]  Rookwood v Ctl Components Plc [1999] UKEAT 481_99_1110 11 Oct 1999 EAT Employment [ Bailii ]  Davies v Rowat and Another [1999] UKEAT 856_99_1110 11 Oct 1999 EAT Employment [ Bailii ]  Kerry Foods Ltd v A Creber and others Gazette, 03 February 2000; [2000] IRLR 10; EAT/1379/97; [1999] UKEAT 1379_97_1110; EAT/939/98; [2000] ICR 556 11 Oct 1999 EAT The Honourable Mr Justice Morison (President) Employment, Insolvency Where a receiver of a company dismissed the employees and then transferred the business to a purchaser, that amounted to an unfair dismissal because it was a TUPE transfer, even though the manufacturing base also moved. The company was liable to the employees. Neither whether there was an economic technical or organisational reason nor the unfairness of the dismissal arose. EAT Transfer of Undertakings - Transfer Transfer of Undertakings (Protection of Employment) Regulations 1981 (1981 No 1794) - Trade Union and Labour Relations (Consolidation) Act 1992 188 1 Citers [ Bailii ] - [ EAT ]  S Port v the Royal Mail and others EAT/45/99 11 Oct 1999 EAT The Honourable Mr Justice Holland Employment EAT Procedural Issues - Employment Tribunal  T Smith v Secretary of State for Trade and Industry EAT/741/97 11 Oct 1999 EAT The Honourable Mr Justice Morison (P) Employment EAT Human Rights -  Hancock v Kent Training and Enterprise Council Ltd and Another [1999] UKEAT 575_99_1110 11 Oct 1999 EAT Employment [ Bailii ]  Smith v Secretary of State for Trade and Industry [1999] UKEAT 741_97_1110 11 Oct 1999 EAT Employment [ Bailii ]  Wong v Yasin (T/A Brentford Family Practice) [1999] UKEAT 264_99_1110 11 Oct 1999 EAT Employment [ Bailii ]  B G Lardier v British Gas Research and Technology Plc EAT/247/98; [1999] UKEAT 247_98_1110 11 Oct 1999 EAT The Honourable Mr Justice Charles Employment EAT Unfair Dismissal - Procedural Fairness EAT Unfair Dismissal - Procedural fairness/automatically unfair dismissal. 1 Cites 1 Citers [ Bailii ] - [ EATn ]  T Smith v Secretary of State for Trade and Industry EAT/741/97 11 Oct 1999 EAT The Honourable Mr Justice Morison (P) Employment EAT Redundancy - Definition [ EATn ]  Ms S Port v the Royal Mail and others EAT/45/99 11 Oct 1999 EAT The Honourable Mr Justice Holland Employment EAT Procedural Issues - Employment Tribunal. [ EATn ]  Silva v Sense [1999] UKEAT 320_99_1210 12 Oct 1999 EAT Employment [ Bailii ]  Servicegain Ltd v Robertson and others [1999] UKEAT 542_99_1210 12 Oct 1999 EAT Employment [ Bailii ]  Allen v H Hargrave and Co [1999] UKEAT 150_99_1210 12 Oct 1999 EAT Employment 1 Cites 1 Citers [ Bailii ]  Structural Sealant Services Ltd v Willis [1999] UKEAT 715_99_1210 12 Oct 1999 EAT Employment [ Bailii ]  Daniels v Micro-Warehousing Ltd [1999] UKEAT 794_99_1210 12 Oct 1999 EAT Employment [ Bailii ]  FJ Need (Foods) Ltd v Boyle [1999] UKEAT 771_99_1210 12 Oct 1999 EAT Employment [ Bailii ]  Clarke v Haringey [1999] UKEAT 792_99_1210 12 Oct 1999 EAT Employment [ Bailii ]  Lalli v Employment Service [1999] UKEAT 347_99_1310 13 Oct 1999 EAT Employment [ Bailii ]  Sun Chemicals Ltd v Dixon [1999] UKEAT 578_99_1310 13 Oct 1999 EAT Employment [ Bailii ]  Smith v Gec Marconi Command Defence Systems Ltd [1999] UKEAT 835_99_1310 13 Oct 1999 EAT Employment [ Bailii ]  Ryan and others v Taylorplan Services Ltd and Another [1999] UKEAT 826_99_1310 13 Oct 1999 EAT Employment [ Bailii ]  Paneri Ltd v Charalambous [1999] UKEAT 474_99_1310 13 Oct 1999 EAT Employment 1 Citers [ Bailii ]  Nathan and Chelva v Mehmood [1999] UKEAT 660_99_1310 13 Oct 1999 EAT Employment [ Bailii ]  Najm-Zadeh v Hackney [1999] UKEAT 990_99_1310 13 Oct 1999 EAT Employment [ Bailii ]   Edmonds v Lawson; QBD 13-Oct-1999 - Times, 11 October 1999; Gazette, 13 October 1999  Scott v the Post Office [1999] UKEAT 652_99_1310 13 Oct 1999 EAT Employment [ Bailii ]  Iyan v Hackney and others [1999] UKEAT 597_99_1310 13 Oct 1999 EAT Employment [ Bailii ]  Humphreys v Harlow District Council [1999] UKEAT 766_99_1310 13 Oct 1999 EAT Employment 1 Cites 1 Citers [ Bailii ]  Yakoob v United Bank Ltd [1999] UKEAT 933_99_1410 14 Oct 1999 EAT Employment [ Bailii ]  Vytelingum v Camden and Islington Community Health NHS Trust [1999] UKEAT 1455_98_1410 14 Oct 1999 EAT Employment [ Bailii ]  Mbc Ltd v Jazaerli [1999] UKEAT 1106_99_1410 14 Oct 1999 EAT Employment [ Bailii ]  Harrow v Mungur [1999] UKEAT 978_99_1410 14 Oct 1999 EAT Employment [ Bailii ]  Atijosan v Lambeth Service Team (T/A Team Lambeth) [1999] UKEAT 968_99_1410 14 Oct 1999 EAT Employment [ Bailii ]  Butt v Caligen Foam Ltd [1999] UKEAT 951_99_1410 14 Oct 1999 EAT Employment [ Bailii ]  C U Lighting Ltd v Grace [1999] UKEAT 952_99_1410 14 Oct 1999 EAT Employment [ Bailii ]  En'Wezoh v London Forum Hotel Ltd [1999] UKEAT 1153_98_1410 14 Oct 1999 EAT Employment [ Bailii ]  Catering and Allied Services (London) Ltd v Kareem [1999] UKEAT 725_99_1410 14 Oct 1999 EAT Employment [ Bailii ]  Gittins v Packard and Ord Ltd (T/A Marlborough Tiles) [1999] UKEAT 1448_98_1410 14 Oct 1999 EAT Employment 1 Cites [ Bailii ]  Porter v London Borough of Camden [1999] UKEAT 212_99_1510 15 Oct 1999 EAT Employment [ Bailii ]  Roselec Ltd v Cashmore and Another [1999] UKEAT 656_99_1510 15 Oct 1999 EAT Employment [ Bailii ]   Balamoody v UKCC for Nursing Midwifery and Home Visitors; EAT 15-Oct-1999 - [1999] UKEAT 744_99_1510  Atkinson v Woolworths Plc [1999] UKEAT 126_99_1510 15 Oct 1999 EAT Employment [ Bailii ]  Plettell v Rolls Royce Plc [1999] UKEAT 558_99_1510 15 Oct 1999 EAT Employment 1 Cites 1 Citers [ Bailii ]  Waters v Co-Operative Retail Services Ltd [1999] UKEAT 680_99_1510 15 Oct 1999 EAT Employment [ Bailii ]  Williams v Pall Mall Services Group [1999] UKEAT 482_99_1510 15 Oct 1999 EAT Employment [ Bailii ]  Alvares v London Borough of Hounslow [1999] UKEAT 1155_98_1510 15 Oct 1999 EAT Employment [ Bailii ]  Young v Timbmet Ltd and Another [1999] UKEAT 667_99_1510 15 Oct 1999 EAT Employment [ Bailii ]  Lansing Linde Ltd v Alber and Others [1999] EWHC 848 (Ch); [2000] PLR 15; [2000] OPLR 1; [2000] Pens LR 15 15 Oct 1999 ChD Rimer J Employment, Financial Services Actions re occupational pension schemes. [ Bailii ]  Slater (T/A Paramount Training Services) v Worth [1999] UKEAT 683_99_1510 15 Oct 1999 EAT Employment [ Bailii ]  Smith v Secretary of State for Trade and Industry Times, 15 October 1999; Gazette, 10 November 1999 15 Oct 1999 EAT Morison J Human Rights, Insolvency, Employment The claimant had been sole director of a company which went into liquidation. He sought a redundancy payment from the respondent under the 1996 Act. It was refused. The tribunal had applied Buchan. It had refused to hear an argument that the tribunal chairman was also employed by the respondent and could not therefore be independent. Held: Although the Human Rights Act was not yet in force, when looking at a case which would be reheard after it has come into effect, it is right to allow for the Act. Article 6 of the Convention allows a fair trial, yet in this case, the bankrupt's representative, and the tribunal hearing his case were both indirectly employees of the respondent. As a bankrupt, the claimant's affairs were managed by the Official Reciver, again an employee of the respondent. The appellant should have been given chance to argue the point before the tribunal. In any event that fact that the claimant was a controlling shareholder did not of itself disqualify him from being an employee and entitled to a redindancy payment. His appeal was allowed. Human Rights Act 1998 - European Convention on Human Rights and Fundamental Freedoms 6.1 - Employment Rights Act 1996 166 1 Cites  Bingham v Jeromes Personnel Ltd [1999] UKEAT 364_99_1510 15 Oct 1999 EAT Employment [ Bailii ]  Chubb v Bevan and Another [1999] UKEAT 1336_98_1510 15 Oct 1999 EAT Employment [ Bailii ]  Holmes v Royal [1999] UKEAT 705_99_1510 15 Oct 1999 EAT Employment [ Bailii ]  Perez-Sebastia v Milbury Care Services Ltd [1999] UKEAT 351_99_1510 15 Oct 1999 EAT Employment [ Bailii ]  Spence v British Railways Board [1999] UKEAT 755_99_1810 18 Oct 1999 EAT Employment [ Bailii ]  Hawwari v British Broadcasting Corporation and others [1999] UKEAT 1486_98_1810; [1999] UKEAT 922_99_1810 18 Oct 1999 EAT Employment 1 Cites 1 Citers [ Bailii ] - [ Bailii ]  Hirani v Dome Cosmetics Ltd [1999] UKEAT 1390_98_1810 18 Oct 1999 EAT Employment [ Bailii ]  Hogan v Cambridgeshire County Council [1999] UKEAT 382_99_1810 18 Oct 1999 EAT Employment [ Bailii ]  Hull and East Riding Race Equality Council v Oraka and Another [1999] UKEAT 654_99_1810 18 Oct 1999 EAT Employment [ Bailii ]  De Santos v A G Barr Plc [1999] UKEAT 467_99_1810 18 Oct 1999 EAT Employment [ Bailii ]  Perkins v Department of Social Security Benefits Agency [1999] UKEAT 386_99_1810 18 Oct 1999 EAT Employment [ Bailii ]  Steele v Mandeville Primary School and Hackney [1999] UKEAT 651_99_1810 18 Oct 1999 EAT Employment [ Bailii ]  B Bell v Lancaster City Council EAT/1380/98; [1999] UKEAT 1380_98_1910 18 Oct 1999 EAT His Honour Judge J Hicks QC Employment EAT Procedural Issues - Employment Tribunal 1 Cites [ Bailii ] - [ EATn ]  Shakespeare v Post Office [1999] UKEAT 438_99_1810 18 Oct 1999 EAT Employment [ Bailii ]  Laurencin v Luton Borough Council [1999] UKEAT 655_99_1810 18 Oct 1999 EAT Employment [ Bailii ]  A N Meyer v Adwest Steering Ltd EAT/808/98 18 Oct 1999 EAT The Honourable Mr Justice Lindsay Employment EAT Procedural Issues - Employment Tribunal  A N Meyer v Adwest Steering Ltd EAT/808/98 18 Oct 1999 EAT The Honourable Mr Justice Lindsay Employment EAT Procedural Issues - Employment Tribunal. [ EATn ]  Robinson and Another v Swallowfield Consumer Products [1999] UKEAT 695_99_1910 19 Oct 1999 EAT Employment [ Bailii ]  GMB v Man Truck and Bus Ltd [1999] UKEAT 971_99_1910 19 Oct 1999 EAT Employment [ Bailii ]  Holohan v T Cartledge Ltd and Another [1999] UKEAT 916_99_1910 19 Oct 1999 EAT Employment [ Bailii ]  Clarke v La Parkes and Securitas UK Ltd [1999] UKEAT 954_99_1910 19 Oct 1999 EAT Employment [ Bailii ]  Clark v Fahrenheit 451 (Communications) Ltd [1999] UKEAT 591_99_1910 19 Oct 1999 EAT Employment [ Bailii ]  Pottage v Stonham Housing Association Ltd [1999] UKEAT 935_99_1910 19 Oct 1999 EAT Employment [ Bailii ]   Regan v Magneti Marelli UK Ltd; EAT 19-Oct-1999 - [1999] UKEAT 577_99_1910  Anderson v Capitol Security Services [1999] UKEAT 682_99_2010 20 Oct 1999 EAT Employment [ Bailii ]  Parker v Analytical Systems Ltd [1999] UKEAT 717_99_2010 20 Oct 1999 EAT Employment [ Bailii ]  Sivanandan v Hackney Action for Racial Equality (Hare) [1999] UKEAT 616_99_2010; EAT/616/99 20 Oct 1999 EAT His Honour Judge J Hicks QC Employment, Discrimination EAT Procedural Issues - Employment Tribunal 1 Citers [ Bailii ] - [ EAT ]  Rai v Hertfordshire County Council [1999] UKEAT 1192_98_2010 20 Oct 1999 EAT Employment [ Bailii ]  Lucas Varity Plc v Radford [1999] UKEAT 1397_98_2010 20 Oct 1999 EAT Employment [ Bailii ]  2 Care v Ababio [1999] UKEAT 737_99_2010 20 Oct 1999 EAT Employment 1 Cites [ Bailii ]  Api Sponsorship USA Ltd v Richmond-Swift [1999] UKEAT 979_99_2010 20 Oct 1999 EAT Employment [ Bailii ]  Metanie v Telegan Gas Monitoring [1999] UKEAT 572_99_2010 20 Oct 1999 EAT Employment [ Bailii ]  Ahmed v London Borough of Hackney and Another [1999] UKEAT 120_99_2010 20 Oct 1999 EAT Employment [ Bailii ]  Trevett v Electronic Industries [1999] UKEAT 747_99_2010 20 Oct 1999 EAT Employment [ Bailii ]  Glass v Comcast Teesside [1999] UKEAT 509_99_2010 20 Oct 1999 EAT Employment [ Bailii ]  Hereford and Worcester Ambulance Service NHS Trust v O'Rourke [1999] UKEAT 676_99_2010 20 Oct 1999 EAT Employment [ Bailii ]  Stein and Co and others v Hatukia [1999] UKEAT 783_99_2110 21 Oct 1999 EAT Employment [ Bailii ]  Stretch v Tibbett and Britten Consumer Group Ltd [1999] UKEAT 1386_98_2110 21 Oct 1999 EAT Employment [ Bailii ]  Speciality Care Plc (T/A Hill House Nursing Home) v Hancock [1999] UKEAT 681_99_2110 21 Oct 1999 EAT Employment [ Bailii ]  Asahi Diamond Industrial Company Limited v Monsieur F Barrier EAT/31/99 21 Oct 1999 EAT His Honour Judge Peter Clark Employment EAT Jurisdiction - (no sub-topic). [ EATn ]  Broudie and Another v Khan [1999] UKEAT 729_97_2110 21 Oct 1999 EAT Employment [ Bailii ]  Prudential Assurance Co Ltd v Tingle [1999] UKEAT 791_99_2110 21 Oct 1999 EAT Employment [ Bailii ]  Ben-Edigbe v Nuffield Hospital [1999] UKEAT 1406_98_2110 21 Oct 1999 EAT Employment [ Bailii ]  The Shield Guarding Co v Van Staden [1999] UKEAT 740_99_2110 21 Oct 1999 EAT Employment [ Bailii ]  Kingstonian Football Club Ltd v Cummins [1999] UKEAT 1130_98_2110 21 Oct 1999 EAT Employment [ Bailii ]  Dixon Motors Holdings Ltd v Hayton [1999] UKEAT 728_99_2110 21 Oct 1999 EAT Employment [ Bailii ]  Kingstonian Football Club Ltd v J Cummins EAT/1130/98 21 Oct 1999 EAT His Honour Judge J Hicks QC Employment EAT Unfair Dismissal - Compensation  R F Ben-Edigbe v Nuffield Hospital EAT/302/99; EAT/1406/98 21 Oct 1999 EAT His Honour Judge Peter Clark Employment EAT Procedural Issues - Employment Tribunal  Chequepoint (UK) Ltd and Harada Ltd v Mcleman [1999] UKEAT 44_99_2110 21 Oct 1999 EAT Employment [ Bailii ]  Ms R F Ben-Edigbe v Nuffield Hospital EAT/1406/98 & EAT/302/99 21 Oct 1999 EAT His Honour Judge Peter Clark Employment EAT Procedural Issues - Employment Tribunal. [ EATn ]  Kingstonian Football Club Ltd v J Cummins EAT/1130/98 21 Oct 1999 EAT His Honour Judge J Hicks Qc Employment EAT Unfair Dismissal - Compensation. [ EATn ]  Asahi Diamond Industrial Company Limited v Monsieur F Barrier EAT/31/99 21 Oct 1999 EAT His Honour Judge Peter Clark Employment EAT Jurisdiction -  Asahi Diamond Industrial Company v Barrier [1999] UKEAT 31_99_2110 21 Oct 1999 EAT Employment [ Bailii ]  South West Logistics v Collings [1999] UKEAT 333_99_2210 22 Oct 1999 EAT Employment [ Bailii ]  Bayliss v London Borough of Hounslow and others [1999] UKEAT 1177_98_2210 22 Oct 1999 EAT Employment [ Bailii ]  Adegbite vDemirsoz and Another [1999] UKEAT 565_99_2210 22 Oct 1999 EAT Employment [ Bailii ]  Film House Reprographic Co Ltd and others v Walkington 22 Oct 1999 EAT Employment [ Bailii ] - [ ]  Brown and Root Ealing Technical Services Ltd vNorris and others [1999] UKEAT 1090_99_2210 22 Oct 1999 EAT Employment [ Bailii ]  Raymond Wood Thermalight Windows Ltd v Legg [1999] UKEAT 716_99_2210 22 Oct 1999 EAT Employment [ Bailii ]  Plettell v Rolls Royce Plc [1999] UKEAT 832_99_2210 22 Oct 1999 EAT Employment 1 Cites [ Bailii ]  Holder v Unipart Group Ltd [1999] UKEAT 810_99_2210 22 Oct 1999 EAT Employment [ Bailii ]  Tiny Computers Ltd v Steele [1999] UKEAT 816_99_2210 22 Oct 1999 EAT Employment [ Bailii ]  Pardhanani v Prudential Assurance Co Ltd [1999] UKEAT 658_99_2510 25 Oct 1999 EAT Employment [ Bailii ]  Aspect Telecommunications Ltd v Grewal [1999] UKEAT 787_99_2510 25 Oct 1999 EAT Employment [ Bailii ]  Jhankur v Surrey Oaklands NHS Trust [1999] UKEAT 734_99_2510 25 Oct 1999 EAT Employment [ Bailii ]  Lounsbach v Robert Harding Picture Library Ltd [1999] UKEAT 1141_99_2510 25 Oct 1999 EAT Employment [ Bailii ]  Baxter v Safe Air International Plc [1999] UKEAT 730_99_2610 26 Oct 1999 EAT Employment [ Bailii ]  Kerrigan v Rover Group Ltd [1999] UKEAT 1185_98_2610 26 Oct 1999 EAT Employment [ Bailii ]  Beckford v Lewisham Academy of Music [1999] UKEAT 229_99_2610 26 Oct 1999 EAT Employment [ Bailii ]  Lethbridge and others v British Steel Plc [1999] UKEAT 861_99_2710 27 Oct 1999 EAT Employment [ Bailii ]  Knightstone Housing Association v Crawford [1999] UKEAT 1002_99_2710 27 Oct 1999 EAT Employment [ Bailii ]  Bush v Rolls Royce Plc [1999] UKEAT 863_99_2710 27 Oct 1999 EAT Employment [ Bailii ]  Smith v Optimum Health Services NHS Trust [1999] UKEAT 1387_98_2710 27 Oct 1999 EAT Employment [ Bailii ]   Sirdar v Army Board and Another; ECFI 27-Oct-1999 - Times, 27 October 1999; C-273/97; [1999] EUECJ C-273/97; ECLI:EU:C:1999:523; [1999] ECR I-7403  Whiffen v Milham Ford Girls School and Another [1999] UKEAT 1245_98_2810 28 Oct 1999 EAT Employment 1 Cites 1 Citers [ Bailii ]  Clasby v Premier Prison Services Ltd [1999] UKEAT 745_99_2810 28 Oct 1999 EAT Employment [ Bailii ]  Messier-Dowty Ltd v Butler [1999] UKEAT 713_99_2810 28 Oct 1999 EAT Employment [ Bailii ]  Eltek (UK) Ltd v Thomson and others [1999] UKEAT 13_99_2810 28 Oct 1999 EAT Employment [ Bailii ]   Zielinski v France; ECHR 28-Oct-1999 - 24846/94; 34165/96; [1999] ECHR 108; (2001) 31 EHRR 19; (1999) 31 EHRR 532  Davies and Another v Williams and Another [1999] UKEAT 1061_99_2910 29 Oct 1999 EAT Employment [ Bailii ]  Hamm v Wear Valley District Council [1999] UKEAT 594_99_2910 29 Oct 1999 EAT Employment [ Bailii ]  Fadipe v London Underground Ltd and Another [1999] UKEAT 702_99_2910 29 Oct 1999 EAT Employment [ Bailii ]  Benn v Saga Petroleum (Uk) Ltd [1999] UKEAT 905_99_2910 29 Oct 1999 EAT Employment [ Bailii ]  Surrey Heath Borough Council v Crooks [1999] UKEAT 152_99_2910 29 Oct 1999 EAT Employment [ Bailii ]  Omoregie v Customs and Excise [1999] UKEAT 786_99_2910 29 Oct 1999 EAT Employment [ Bailii ]  Tyrell v Transport and General Workers Union [1999] UKEAT 900_99_2910 29 Oct 1999 EAT Employment [ Bailii ]  Hall v Southern Co-Operatives Ltd [1999] UKEAT 776_99_0111 1 Nov 1999 EAT Employment [ Bailii ]  Danka UK Plc v Wilcox [1999] UKEAT 1310_98_0111 1 Nov 1999 EAT Employment [ Bailii ]  Gallagher and others v British Fuels Ltd [1999] UKEAT 172_96_0111 1 Nov 1999 EAT Employment [ Bailii ]   Fawcett v East Riding of Yorkshire Council and Another; EAT 1-Nov-1999 - [1999] UKEAT 735_99_0111  The Post Office v Howell Times, 11 November 1999; Gazette, 01 December 1999; EAT/1115/98; [2000] IRLR 224; [1999] UKEAT 1115_98_0111 1 Nov 1999 EAT The Honourable Mr Justice Charles Employment A chairman of an Industrial Tribunal acting alone had a mandatory obligation to consider whether the decision he was asked to make must be remitted to a full panel. Still, a failure to make such a consideration was an irregularity which did not go as to his jurisdiction to make the decision, and so the decision made in the absence of such consideration stood. Employment Tribunals Act 1996 4(3) 1 Citers [ Bailii ] - [ EAT ]  H F Developments Ltd v Michael Adair Dillon EAT/647/99 1 Nov 1999 EAT The Honourable Lord Johnston Employment EAT Unlawful Deduction from Wages - (no sub-topic). [ EATn ]  P F Gallagher P Brailsford A Gregory, M Gordon v British Fuels Ltd EAT/172/96 1 Nov 1999 EAT The Honourable Mr Justice Charles Employment EAT Transfer of Undertakings - Dismissal  Swan (Worthing) Ltd v Panter [1999] UKEAT 41_99_0111 1 Nov 1999 EAT Employment [ Bailii ]  Swan (Worthing) Ltd v J Panter EAT/42/99; EAT/41/99 1 Nov 1999 EAT The Honourable Mr Justice Lindsay (President) Employment EAT Unfair Dismissal - Compensation  H F Developments Ltd v Michael Adair Dillon EAT/647/99 1 Nov 1999 EAT The Honourable Lord Johnston Employment EAT Unlawful Deduction from Wages -  Jones v ICS Cleaning Services and Another [1999] UKEAT 811_99_0111 1 Nov 1999 EAT Employment [ Bailii ]  Woodgate v Courage Ltd [1999] UKEAT 691_98_0111 1 Nov 1999 EAT Employment [ Bailii ]  Awad v Arab News Network [1999] UKEAT 718_99_0111 1 Nov 1999 EAT Employment [ Bailii ]  The Post Office v J S Sanhotra EAT/1374/98 1 Nov 1999 EAT The Honourable Mr Justice Charles Employment EAT Time Limits -  Swindells v Sayers the Bakers [1999] UKEAT 925_99_0111 1 Nov 1999 EAT Employment [ Bailii ]  Corrigan v Liverpool Magistrates Court [1999] UKEAT 885_99_0111 1 Nov 1999 EAT Employment [ Bailii ]  P F Gallagher, P Brailsford, A Gregory, M Gordon v British Fuels Ltd EAT/172/96 1 Nov 1999 EAT The Honourable Mr Justice Charles Employment EAT Transfer of Undertakings - Dismissall [ EAT ]  Gregory v Scapa Filtration Ltd [1999] UKEAT 869_99_0111 1 Nov 1999 EAT Employment [ Bailii ]  Chambers v Cromwell Group (Holdings) Ltd [1999] UKEAT 1178_98_0111 1 Nov 1999 EAT Employment [ Bailii ]  Post Office v Sanhotra [1999] UKEAT 1374_98_0111 1 Nov 1999 EAT Employment [ Bailii ]  Godsikowska v Bryant (T/A Arcaid) [1999] UKEAT 797_99_0111 1 Nov 1999 EAT Employment [ Bailii ]  Hughes v Worcester City Council [1999] UKEAT 924_99_0111 1 Nov 1999 EAT Employment [ Bailii ]  Terry v Hoyer (Uk) Ltd [1999] UKEAT 527_99_0111 1 Nov 1999 EAT Employment [ Bailii ]  Gunaratnarajah v Stephen Fidler and Co [1999] UKEAT 417_99_0111 1 Nov 1999 EAT Employment [ Bailii ]  Mcgarry v Quality Care Homes Ltd [1999] UKEAT 798_99_0111 1 Nov 1999 EAT Employment [ Bailii ]  Swan (Worthing) Ltd v J Panter EAT/41/99 & EAT/42/99 1 Nov 1999 EAT The Honourable Mr Justice Lindsay (President) Employment EAT Unfair Dismissal - Compensation. [ EATn ]  the Post Office v J S Sanhotra EAT/1374/98 1 Nov 1999 EAT The Honourable Mr Justice Charles Employment EAT Time Limits - (no sub-topic) [ EATn ]  Georgiou and others v Openhand Ltd and Another [1999] UKEAT 875_98_0111 1 Nov 1999 EAT Employment [ Bailii ]  Uguarti v Marshall Specialist Vehicles Ltd [1999] UKEAT 841_198_0111 1 Nov 1999 EAT Employment [ Bailii ]  Corrigan v British Telecommunications Plc [1999] UKEAT 391_99_0111 1 Nov 1999 EAT Employment [ Bailii ]  John Marshall v Secretary of State for Trade and Industry EAT/574/99 2 Nov 1999 EAT The Honourable Lord Johnston Employment EAT Contract of Employment - Definition of employee. [ EATn ]  John Marshall v Secretary of State for Trade and Industry EAT/574/99 2 Nov 1999 EAT The Honourable Lord Johnston Employment EAT Contract of Employment - Definition of Employee  Harada Ltd T/A Chequepoint UK Ltd v Turner EAT/517/99; EAT/516/99 2 Nov 1999 EAT The Honourable Mr Justice Lindsay (President) Employment EAT Jurisdiction - 1 Cites 1 Citers   In Re A Company (No 008174 of 1999); ChD 2-Nov-1999 - Times, 02 November 1999  Atkin v Dr Chahal T/A the Dale Surgery EAT/77/99; [1999] UKEAT 77_99_0211 2 Nov 1999 EAT His Honour Judge H Wilson Employment EAT Unfair Dismissal - Procedural fairness/automatically unfair dismissal. [ Bailii ] - [ EAT ]  Factory Mutual Insurance Co Ltd and D Henderson v Zulfiquar [1999] UKEAT 838_99_0211 2 Nov 1999 EAT Employment [ Bailii ]  Camelot Corporation (GB) Ltd v Drew [1999] UKEAT 1209_99_0211 2 Nov 1999 EAT Employment [ Bailii ]  Pandya v Commissioners of Inland Revenue [1999] UKEAT 696_99_0311 3 Nov 1999 EAT Employment [ Bailii ]  Scott v Hedon Salads Ltd [1999] UKEAT 949_99_0311 3 Nov 1999 EAT Employment [ Bailii ]  Broadgate Printers Ltd v Maine [1999] UKEAT 809_99_0311 3 Nov 1999 EAT Employment [ Bailii ]  the London Borough of Southwark v D Mungul EAT/1359/99 3 Nov 1999 EAT The Honourable Mr Justice Lindsay (President) Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ]  the London Borough of Southwark v D Mungul EAT/1359/99 3 Nov 1999 EAT The Honourable Mr Justice Lindsay (President) Employment EAT Unfair Dismissal - Reason for Dismissal   Lillian Wilson v Ethicon Ltd; EAT 3-Nov-1999 - EAT/624/99; [1999] UKEAT 624_99_0311; [2000] IRLR 4  Mitchell v Iles and Another [1999] UKEAT 407_99_0311 3 Nov 1999 EAT Employment [ Bailii ]   Anyanwu and Another v South Bank Students' Union and Another; CA 4-Nov-1999 - Gazette, 10 November 1999; Times, 04 November 1999; [2000] ICR 221  Chambers v Cromwell Group (Holdings) Ltd [1999] UKEAT 1178_98_0411 4 Nov 1999 EAT Employment [ Bailii ]  Hickling and Another v Living With It and Another [1999] UKEAT 1146_99_0411 4 Nov 1999 EAT Employment [ Bailii ]  Paul Mckeen v Autoglass Ltd EAT/573/99 4 Nov 1999 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Reinstatement/re-engagement. [ EATn ]  Messrs Pye-Smiths Solicitors v Griffiths [1999] UKEAT 1274_98_0411 4 Nov 1999 EAT Employment [ Bailii ]  G H Chambers v Cromwell Group (Holdings) Ltd EAT/1178/98 4 Nov 1999 EAT His Honour Judge H Wilson Employment EAT Unlawful Deduction from Wages - (no sub-topic). [ EATn ]  G H Chambers v Cromwell Group (Holdings) Ltd EAT/1178/98 4 Nov 1999 EAT His Honour Judge H Wilson Employment EAT Unlawful Deduction from Wages -  Balmoral Group Ltd v Glenn Atholl Rae EAT/630/99 4 Nov 1999 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Exclusions including worker/jurisdiction. [ EATn ]  Dunlop Oil and Marine Ltd v Hotson [1999] UKEAT 818_99_0411 4 Nov 1999 EAT Employment 1 Citers [ Bailii ]  Balmoral Group Ltd v Glenn Atholl Rae EAT/630/99 4 Nov 1999 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Reason for Dismissal  Paul Mckeen v Autoglass Ltd EAT/573/99 4 Nov 1999 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Re-Engagement  Loganathan v Samsung Electornics Research Institute [1999] UKEAT 832_98_0411 4 Nov 1999 EAT Employment [ Bailii ]  Wheatley v Crewe and Nantwich Borough Council [1999] UKEAT 757_99_0511 5 Nov 1999 EAT Employment [ Bailii ]  Pacific Health Club Ltd v R P Falgate EAT/1000/00 5 Nov 1999 EAT His Honour Judge A Wilkie Qc Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ]  Effa v Alexandra Healthcare NHS Trust Unreported 5 November 1999 5 Nov 1999 CA Mummery LJ, Mantell and Kennedy LJJ Discrimination, Employment The tribunal's decision was found to have confused unreasonable treatment with discriminatory treatment. “It is common ground that an error in law is made by a tribunal if it finds less favourable treatment on racial grounds where there is no evidence or material from which it can properly make such in inference. See North West Thames Regional Health Authority v Noone [1988] ICR 813, [1988] IRLR 530 at p.824 of the former report. Although an employment tribunal is less formal in its procedures than a court of law and is not bound by the rules of evidence, it must be satisfied that the complaint is proved, on the balance of probabilities, by the person who makes it. In the absence of direct evidence on an issue of less favourable treatment on racial grounds, the tribunal may make inferences from other facts which are undisputed or are established by evidence. However, in the absence of adequate material from which inferences can be properly made, a tribunal is not entitled to find a claim proved by making unsupported legal or factual assumptions about disputed questions of less favourable treatment on racial grounds. This is so whether the discrimination is alleged to arise from conscious or subconscious influences operating in the mind of the alleged discriminator.” 1 Cites 1 Citers  Farrell v Longtown Social Club [1999] UKEAT 633_99_0511 5 Nov 1999 EAT Employment [ Bailii ]  Erhayiem v Jon Walton Associates and others [1999] UKEAT 914_99_0511 5 Nov 1999 EAT Employment [ Bailii ]  Pacific Health Club Ltd v R P Falgate EAT/1000/00 5 Nov 1999 EAT His Honour Judge A Wilkie QC Employment EAT Unfair Dismissal - Reason for Dismissal  Kosmar Holidays Plc v Hadwin [1999] UKEAT 1201_99_0511 5 Nov 1999 EAT Employment [ Bailii ]  Barker v The Chairman of the Governors Wymondham College [1999] UKEAT 913_99_0511 5 Nov 1999 EAT Employment [ Bailii ]  Howlett Marine Services Ltd v Bowlam and others EAT/876/99 8 Nov 1999 EAT The Honourable Mr Justice Lindsay (President) Employment EAT Redundancy - Other  Howlett Marine Services Ltd v Bowlam and others EAT/876/99 8 Nov 1999 EAT The Honourable Mr Justice Lindsay (President) Employment EAT Redundancy - Other - [ EATn ]  Stafford v National Westminster Bank Plc [1999] UKEAT 1288_98_1011; EAT/1288/98 10 Nov 1999 EAT The Honourable Mr Justice Holland Employment EAT Contract of Employment - Breach of Contract. 1 Cites [ Bailii ] - [ EAT ]  Harvey v Port of Tilbury London Ltd Gazette, 10 November 1999; (1999) IRLR 693; [1999] ICR 1030 10 Nov 1999 EAT Employment It was correct to refuse to allow an amendment before the tribunal to add another head of claim which would be out of time. The presentation of a new complaint is as time barred as if it had been made separately, although, the fact that proceedings were in existence might be a reason for extending the time limit. 1 Citers  Home Start Camden v Scott [1999] UKEAT 823_99_1011 10 Nov 1999 EAT Employment [ Bailii ]  Haddon v Van Den Bergh Foods Ltd Gazette, 10 November 1999; EAT/1160/98; [1999] UKEAT 1160_98_2909; [1999] ICR 1150; [1999] IRLR 672 10 Nov 1999 EAT Morison P J Employment An employee did not return to work after a presentation to him of a good service award, because he had drunk alcohol. A new policy required staff not to return to work after consuming alcohol, but had also said that alcohol would not be provided. Held: The tribunal had failed to look properly at how the test of the reasonableness of the employer's decision was to be assessed. The test went beyond the tribunal asking themselves what they would have done, and must recognise that their standards are not at issue. The tribunal should take care before applying accepted mantra's. Employment Rights Act 1996 1 Cites 1 Citers [ Bailii ] - [ EATn ]   Optikinetics Ltd v Whooley; EAT 10-Nov-1999 - Gazette, 10 November 1999; (1999) ICR 984  Universal Contract Services v Flanigan [1999] UKEAT 1068_99_1011 10 Nov 1999 EAT Employment [ Bailii ]  Rover Group Ltd v Cook [1999] UKEAT 997_99_1011 10 Nov 1999 EAT Employment [ Bailii ]  Birmingham Internatonal Airport v Hayles [1999] UKEAT 1117_99_1011 10 Nov 1999 EAT Employment [ Bailii ]  Valueunion Ltd v White [1999] UKEAT 875_99_1111 11 Nov 1999 EAT Employment [ Bailii ]  Griffiths v North East Derbyshire District Council [1999] UKEAT 612_99_1111 11 Nov 1999 EAT Employment [ Bailii ]  Link House Magazines Ltd v Porter [1999] UKEAT 1198_99_1111 11 Nov 1999 EAT Employment [ Bailii ]  T A Pidcock v St Matthias School EAT/80/99 11 Nov 1999 EAT His Honour Judge A Wilkie QC Employment EAT Contract of Employment - Breach of Contract  T A Pidcock v St Matthias School EAT/80/99 11 Nov 1999 EAT His Honour Judge A Wilkie Qc Employment EAT Contract of Employment - Breach of Contract. [ EATn ]  Martyres v Connex South Eastern Ltd [1999] UKEAT 834_99_1111 11 Nov 1999 EAT Employment [ Bailii ]  Pidcock v St Matthias School [1999] UKEAT 80_99_1111 11 Nov 1999 EAT Employment [ Bailii ]  Larrier v Liverpool City Council and others [1999] UKEAT 800_99_1111 11 Nov 1999 EAT Employment [ Bailii ]  D'Costa v T and S Stores Plc [1999] UKEAT 948_99_1211 12 Nov 1999 EAT Employment [ Bailii ]  Cromwell Hospital v Francis and Another [1999] UKEAT 654_98_1211 12 Nov 1999 EAT Employment [ Bailii ]  Rahamin (T/A Metropole College) v Walklett [1999] UKEAT 969_99_1211 12 Nov 1999 EAT Employment [ Bailii ]  George S Hall Ltd v Harding [1999] UKEAT 836_99_1211 12 Nov 1999 EAT Employment [ Bailii ]   Aparau v Iceland Frozen Foods Plc; CA 12-Nov-1999 - Times, 12 November 1999; Gazette, 25 November 1999; Gazette, 01 December 1999; [2000] ICR 341; [2000] IRLR 196; [1999] EWCA Civ 3047; [2000] 1 All ER 228  Igbolekwo v University of Luton and Another [1999] UKEAT 865_99_1211 12 Nov 1999 EAT Employment [ Bailii ]  D Selly v Robert Bosch Ltd No.EAT/338/99 14 Nov 1999 EAT His Honour Judge D M Levy Qc Employment EAT Procedural Issues - Employment Tribunal. [ EATn ]  D Selly v Robert Bosch Ltd EAT/338/99 14 Nov 1999 EAT His Honour Judge D M Levy QC Employment EAT Procedural Issues - Employment Tribunal  Pintus v Yate's Wine Lodges [1999] UKEAT 1004_99_1511 15 Nov 1999 EAT Employment [ Bailii ]  Crockfords Hair Health and Beauty v Shirley [1999] UKEAT 945_99_1511 15 Nov 1999 EAT Employment [ Bailii ]  Ghosh and Another v Tilmouth [1999] UKEAT 962_99_1511 15 Nov 1999 EAT Employment [ Bailii ]  Spencer-Phillips v University of the West of England [1999] UKEAT 926_99_1611 16 Nov 1999 EAT Employment [ Bailii ]  Medway Community Living Services Ltd v A R Poole EAT/59/99 16 Nov 1999 EAT His Honour Judge Peter Clark Employment EAT Unfair Dismissal - Procedural Fairness  Lucas Ltd (T/A Lucas Diesel Systems) v Veshmia [1999] UKEAT 828_99_1611 16 Nov 1999 EAT Employment [ Bailii ]  Brown v Gouldens Solicitors [1999] UKEAT 1377_98_1611 16 Nov 1999 EAT Employment [ Bailii ]  Atlas Equipment (London) Ltd v Ward [1999] UKEAT 1251_99_1611 16 Nov 1999 EAT Employment [ Bailii ]  Lewen v Denda (Case C-333/97) Times, 16 November 1999 16 Nov 1999 ECJ Discrimination, Employment A voluntary bonus paid by an employer to its staff at Christmas was 'pay' within Art 14 of the EC Treaty, where it was paid to encourage or reward for loyalty and work. Such a payment was not a 'payment' within the rules governing measures to encourage health and safety of pregnant and breast feeding workers. ECTreaty Art 14, Council Directive 92/85/EEC  Medway Community Living Services Ltd v A R Poole EAT/59/99 16 Nov 1999 EAT His Honour Judge Peter Clark Employment EAT Unfair Dismissal - Procedural fairness/automatically unfair dismissal. [ EATn ]  Campbell v Gloucestershire Probation Service and others [1999] UKEAT 1475_98_1711 17 Nov 1999 EAT Employment [ Bailii ]  Liburd v Manchester City Council and others [1999] UKEAT 719_99_1711 17 Nov 1999 EAT Employment [ Bailii ]  Toon v Jersey European Airways [1999] UKEAT 847_99_1711 17 Nov 1999 EAT Employment [ Bailii ]  Evans v Sdl International [1999] UKEAT 879_99_1811 18 Nov 1999 EAT Employment [ Bailii ]  Holland v Richmond House Group Plc [1999] UKEAT 862_99_1811 18 Nov 1999 EAT Employment [ Bailii ]  Synseal Extrusions Ltd v Paget [1999] UKEAT 1287_98_1811 18 Nov 1999 EAT Employment [ Bailii ]  Secrett v Hm Broadhurst [1999] UKEAT 296_99_1811 18 Nov 1999 EAT Employment [ Bailii ]  Butler v Preston and Another [1999] UKEAT 1332_98_1811 18 Nov 1999 EAT Employment [ Bailii ]  Rugby Group Ltd v Stephenson [1999] UKEAT 1083_99_1811 18 Nov 1999 EAT Employment [ Bailii ]  Brandao v Globo International (London) Ltd [1999] UKEAT 263_99_1811 18 Nov 1999 EAT Employment [ Bailii ]  Bisp v Presswatch Ltd and Another [1999] UKEAT 870_99_1811 18 Nov 1999 EAT Employment [ Bailii ]  Karter v Times Newspapers Ltd [1999] UKEAT 707_99_1911 19 Nov 1999 EAT Employment [ Bailii ]  Onafowokan v Bp Express Shopping Ltd [1999] UKEAT 1041_99_1911 19 Nov 1999 EAT Employment [ Bailii ]  Carter v Maghull and District Conservative Club [1999] UKEAT 910_99_1911 19 Nov 1999 EAT Employment [ Bailii ]  Humphreys v Environment Agency [1999] UKEAT 24_95_1911; [1999] UKEAT 24_99_1911 19 Nov 1999 EAT Employment 1 Cites [ Bailii ] - [ Bailii ]  Abbey National Plc v Robinson EAT/743/99 20 Nov 1999 EAT Mr Commissioner Howell Qc Employment EAT Unfair Dismissal - Breach of Contract. 1 Cites [ EATn ]  Turner v Northampton Magistrates Courts Committee [1999] UKEAT 355_99_2211 22 Nov 1999 EAT Employment [ Bailii ]  Hanlon v University of Huddersfield [1999] UKEAT 1235_99_2211 22 Nov 1999 EAT Employment [ Bailii ]  Pennington v the Legal Aid Board [1999] UKEAT 1047_99_2211 22 Nov 1999 EAT Employment [ Bailii ]  Turner v London Borough of Havering [1999] UKEAT 1066_99_2211 22 Nov 1999 EAT Employment [ Bailii ]  Bradshaw v Jefferies and Pennicott [1999] UKEAT 850_99_2211 22 Nov 1999 EAT Employment [ Bailii ]  Lynch v Northumbria Police Authority [1999] UKEAT 1045_99_2211 22 Nov 1999 EAT Employment [ Bailii ]  Kirklees Metropolitan Borough Council v Farrell [1999] UKEAT 1060_99_2311 23 Nov 1999 EAT Employment [ Bailii ]  Oshinusi v Moving Venue Caterers Ltd [1999] UKEAT 335_99_2311 23 Nov 1999 EAT Employment 1 Cites [ Bailii ]  Jackie M Greene v the London Borough of Hackney EAT/1182/98 & EAT/504/99 23 Nov 1999 EAT His Honour Judge J Hicks Qc Employment EAT Procedural Issues - Employment Tribunal. [ EATn ]  Campbell v Department of Social Security [1999] UKEAT 442_99_2311 23 Nov 1999 EAT Employment [ Bailii ]  Jackie M Greene v The London Borough of Hackney EAT/504/99; EAT/1182/98 23 Nov 1999 EAT His Honour Judge J Hicks QC Employment EAT Procedural Issues - Employment Tribunal  Greene v London Borough of Hackney [1999] UKEAT 1182_98_2311 23 Nov 1999 EAT Employment [ Bailii ]  Thorne and Another v Riverside Centre Ltd [1999] UKEAT 1017_99_2311 23 Nov 1999 EAT Employment [ Bailii ]  Cole v Hackney [1999] UKEAT 973_99_2311 23 Nov 1999 EAT Employment [ Bailii ]  Mohammed v European Retail Ltd and Another [1999] UKEAT 721_99_2411 24 Nov 1999 EAT Employment [ Bailii ]  Ibrahim v Hecht (T/A Hecht and Co Solicitors [1999] UKEAT 1088_99_2411 24 Nov 1999 EAT Employment [ Bailii ]  Abbey National Plc v Robinson [1999] UKEAT 74_3_2411 24 Nov 1999 EAT Employment 1 Citers [ Bailii ]  Miriki v the General Council of the Bar [1999] UKEAT 768_99_2411 24 Nov 1999 EAT Employment [ Bailii ]  Department of Social Security and others v Photay [1999] UKEAT 724_99_2411; EAT/724/99 24 Nov 1999 EAT The Honourable Mr Justice Lindsay (President) Employment, Discrimination EAT Procedural Issues - Employment Tribunal. [ Bailii ] - [ EATn ]  Purssord v Essex Furniture Plc [1999] UKEAT 557_99_2511 25 Nov 1999 EAT Employment [ Bailii ]  Turtle v Stead and Simpson [1999] UKEAT 854_99_2511 25 Nov 1999 EAT Employment [ Bailii ]  G Purssord v Essex Furniture Plc EAT/557/99 25 Nov 1999 EAT His Honour Judge D Pugsley Employment EAT Trade Union Rights -  G Purssord v Essex Furniture Plc EAT/557/99 25 Nov 1999 EAT His Honour Judge D Pugsley Employment EAT Trade Union Rights - (no sub-topic). [ EATn ]  Kiverstein v Department of Transport and others [1999] UKEAT 150_97_2511 25 Nov 1999 EAT Employment [ Bailii ]  Latham v Rimmers Music Ltd [1999] UKEAT 1118_99_2611 26 Nov 1999 EAT Employment [ Bailii ]  Webster v M A Forshaw Ltd [1999] UKEAT 1122_99_2611 26 Nov 1999 EAT Employment Appeal failed - based only on facts. [ Bailii ]  Conway v City of London [1999] UKEAT 1092_99_2611 26 Nov 1999 EAT Employment [ Bailii ]  Lindsay v Cumbria County Council and others [1999] UKEAT 742_99_2611 26 Nov 1999 EAT Employment [ Bailii ]  Flairmark v Allen and others [1999] UKEAT 484_99_2611 26 Nov 1999 EAT Employment [ Bailii ]  Lakeview Computers Plc v Steadman Unreported, 26 November 1999 26 Nov 1999 Employment 1 Citers  Mather v City Hospital Sunderland NHS Trust [1999] UKEAT 881_99_2611 26 Nov 1999 EAT Employment [ Bailii ]  Lindsay v Cumbria County Council and others [1999] UKEAT 886_99_2611 26 Nov 1999 EAT Employment [ Bailii ]  Adams v HM Prison Service [1999] UKEAT 1120_99_2911 29 Nov 1999 EAT Employment [ Bailii ]  Costain Building and Civil Engineering Ltd v D R Smith Chanton Group Plc EAT/141/99; [1999] UKEAT 141_99_2911; [2000] ICR 215 29 Nov 1999 EAT The Honourable Mr Justice Morison (P) Employment EAT Contract of Employment - Breach of Contract 1 Cites 1 Citers [ Bailii ]  Costain Building and Civil Engineering Ltd v D R Smith, Chanton Group Plc EAT/141/99 29 Nov 1999 EAT The Honourable Mr Justice Morison (P) Employment EAT Contract of Employment - Breach of Contract. [ EATn ]  Budge v Secretary of State for Social Security EAT/669/99 29 Nov 1999 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Procedural Fairness EAT Unfair Dismissal - Procedural fairness/automatically unfair dismissal. [ EATn ]  Johnson v Ryan and others [1999] UKEAT 724_97_2911; [2000] ICR 236 29 Nov 1999 EAT Morison J Employment A rent officer claimed unfair dismissal. The respondent said that being appointed under a statutory authority she was not an employee entitled to protection. Held: The defence failed: 'The question that the [employment] tribunal should have asked itself was whether [the applicant] was an employee, on the basis that she was also an office holder. It was an error to concentrate solely on whether the applicant was an office holder. On the basis of the facts, she was in the position of being both an office holder and an employee of the local authority.' 1 Citers [ Bailii ]  Flairmark Limited v K Allen T J Halliday v Halliday EAT/484/99 29 Nov 1999 EAT The Honourable Mr Justice Lindsay (President) Employment EAT Jurisdiction -  Flairmark Limited v K Allen, T J Halliday, v Halliday EAT/484/99 29 Nov 1999 EAT The Honourable Mr Justice Lindsay (President) Employment EAT Jurisdiction - (no sub-topic). [ EATn ]  Taylor v Connex (South East) [1999] UKEAT 116_99_3011 30 Nov 1999 EAT Employment [ Bailii ]  Reeves v London Borough of Havering and Another [1999] UKEAT 1206_98_3011 30 Nov 1999 EAT Employment [ Bailii ]  TSB Bank Plc v L M Harris EAT/1145/97 & EAT/1296/97 1 Dec 1999 EAT His Honour Judge John Altman Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ]  Axios Systems Ltd v Paul Murphy EAT/690/99 1 Dec 1999 EAT The Honourable Lord Johnston Employment EAT Procedural Issues - Employment Tribunal. [ EATn ]  Harvey-Bussell v Sun Alliance Group Plc and others [1999] UKEAT 721_98_0112 1 Dec 1999 EAT Employment [ Bailii ]  Farooqi v South Warwickshire NHS Trust [1999] UKEAT 1093_99_0112 1 Dec 1999 EAT Employment 1 Cites [ Bailii ]  William Barry v Caledonian International Book Manufacturing Ltd EAT/685/99 1 Dec 1999 EAT The Honourable Lord Johnston Employment EAT Procedural Issues - Employment Tribunal. [ EATn ]  Crystal Cleaning Company (UK) Ltd v Chandler [1999] UKEAT 387_99_0112 1 Dec 1999 EAT Employment [ Bailii ]  TSB Bank Plc v L M Harris EAT/1296/97 1 Dec 1999 EAT His Honour Judge John Altman Employment EAT Unfair Dismissal - Reason for Dismissal The employer appealed a finding against them. An employee, when applying for another job, discovered that the reference given revealed many complaints against her which were listed as unresolved but of which she had been told nothing. The tribunal had otherwise found the employer to have behaved ruthlessly. Held: There were clear facts to support the tribunal's finding. The tribunal had not erred in law and the appeal was dismissed. 1 Cites  Dean v London Borough of Islington [1999] UKEAT 594_97_0112 1 Dec 1999 EAT Employment [ Bailii ]  Snell v St Piers Lingfield [1999] UKEAT 898_99_0112 1 Dec 1999 EAT Employment [ Bailii ]  William Barry v Caledonian International Book Manufacturing Ltd EAT/685/99 1 Dec 1999 EAT The Honourable Lord Johnston Employment EAT Procedural Issues - Employment Tribunal  Axios Systems Ltd v Paul Murphy EAT/690/99 1 Dec 1999 EAT The Honourable Lord Johnston Employment EAT Procedural Issues - Employment Tribunal  Lynn and Another v Booktraders [1999] UKEAT 1318_99_0112 1 Dec 1999 EAT Employment [ Bailii ]  TSB Bank plc v Harris [2000] IRLR 157; [1999] UKEAT 1145_97_0112 1 Dec 1999 EAT Altman J employment The Tribunal considered a breach of the fundamental duty of implied trust and confidence: "Was any undermining of trust and confidence sufficient, in this case, to amount to a fundamental breach of contract? Whilst in the past there have been interesting legal arguments as to the difference between fundamental breach and a breach of a fundamental term, one, if not the first, case to identify the implied term of trust and confidence, Courtaulds Northern Textiles Ltd v. Andrew [1979] IRLR p.84, puts the matter beyond doubt. This was not referred to in argument but is well-established and uncontroversial authority: 'One has to consider whether the conduct complained of constitutes either a fundamental breach of the contract or a breach of a fundamental term of a contract…but there is not much room, as we think, for that enquiry in a case in which the test, within the terms of the contractual obligation, is one which involves considering whether the consequences, or the likely consequences, are to destroy or seriously damage the relationship of confidence and trust between employer and employee; because it does seem to us that any conduct which is likely to destroy or seriously to damage that relationship must be something which goes to the root of the contract, which is really fundamental in its effect upon the contractual relationship' The employment tribunal found that it did have the consequences of jeopardising the respondent's employment prospects. We find that the employment tribunal were entitled to find that the actions of the appellants constituted a breach of the term as to trust and confidence and that consequently there was a fundamental breach of contract." 1 Citers [ Bailii ]  Omilaju v London Borough of Waltham Forest and others EAT/986/99; [1999] UKEAT 986_99_0112 1 Dec 1999 EAT The Honourable Mr Justice Lindsay (President) Employment, Discrimination EAT Procedural Issues - Employment Tribunal 1 Cites 1 Citers [ Bailii ] - [ EAT ]  West Middlesex Hospitals NHS Trust v Basley [1999] UKEAT 899_99_0112 1 Dec 1999 EAT Employment [ Bailii ]  TSB Bank Plc v Harris [1999] UKEAT 1145_97_0112 1 Dec 1999 EAT Employment [ Bailii ]  Sutton v St Albans and Hemel Hempstead NHS Trust [1999] UKEAT 1337_99_0112 1 Dec 1999 EAT Employment [ Bailii ]  Horton v Ikea Ltd [1999] UKEAT 644_98_0112 1 Dec 1999 EAT Employment [ Bailii ]  R W Pass v Wakefield Independent Schools Limited EAT/385/99 2 Dec 1999 EAT His Honour Judge D Pugsley Employment EAT Contract of Employment - Breach of Contract  Bridgewater Housing Association v Harrigan and 9 Ors, Renfrewshire Council, Linstone Housing Association EAT/750/99 2 Dec 1999 EAT The Honourable Lord Johnston Employment EAT Transfer of Undertakings - Transfer  Wroe v London Borough of Islington [1999] UKEAT 1237_98_0212 2 Dec 1999 EAT Employment [ Bailii ]  Sinclair v Fritz Companies UK Ltd [1999] UKEAT 904_99_0212 2 Dec 1999 EAT Employment [ Bailii ]  R W Pass v Wakefield Independent Schools Limited EAT/385/99 2 Dec 1999 EAT His Honour Judge D Pugsley Employment EAT Contract of Employment - Breach of Contract. [ EATn ]  Howlett Marine Services Ltd v Bolam and others [1999] UKEAT 876_99_0212 2 Dec 1999 EAT Employment [ Bailii ]  Pass v Wakefield Independent Schools [1999] UKEAT 385_99_0212 2 Dec 1999 EAT Employment [ Bailii ]  Parascandola v Hawtin and Another [1999] UKEAT 972_99_0212 2 Dec 1999 EAT Employment [ Bailii ]  Bridgewater Housing Association v Isabella Harrigan and 9 Ors, Renfrewshire Council, Linstone Housing Association EAT/750/99 2 Dec 1999 EAT The Honourable Lord Johnston Employment EAT Transfer of Undertakings - Transfer. [ EATn ]  Hyman v Hackney [1999] UKEAT 918_99_0212 2 Dec 1999 EAT Employment [ Bailii ]  Contance Carroll Cosmetics Plc v Tasker [1999] UKEAT 775_99_0212 2 Dec 1999 EAT Employment [ Bailii ]  Rainworth Manor Nursing Home v Kingswood [1999] UKEAT 1055_99_0312 3 Dec 1999 EAT Employment [ Bailii ]  East Riding of Yorkshire Council v Walker and Another [1999] UKEAT 892_99_0312 3 Dec 1999 EAT Employment 1 Cites [ Bailii ]  Euro-Die (Uk) Limited v M P Skidmore, Genesis Diesinking Limited EAT/1158/98 3 Dec 1999 EAT The Honourable Mr Justice Lindsay Employment EAT Transfer of Undertakings - Dismissal. [ EATn ]  Euro-Die (UK) Ltd v Skidmore and Another [1999] UKEAT 1158_98_0312 3 Dec 1999 EAT Employment [ Bailii ]  H J Heinz Co Ltd v Kenrick EAT/1082/98; [2000] IRLR 144; [1999] UKEAT 1082_98_0312; [2000] ICR 491 3 Dec 1999 EAT The Honourable Mr Justice Lindsay (President) Discrimination, Employment EAT Disability Discrimination - Compensation. Disability Discrimination Act 1995 1 Cites 1 Citers [ Bailii ] - [ EATn ]  Euro-Die (Uk) Limited v M P Skidmore Genesis Diesinking Limited EAT/1158/98 3 Dec 1999 EAT The Honourable Mr Justice Lindsay Employment EAT Transfer of Undertakings - Dismissal  M Miriki v the General Council of the Bar EAT/768/99 4 Dec 1999 EAT His Honour Judge H Wilson Employment EAT Redundancy - Fairness [ EATn ]  M Miriki v the General Council of the Bar EAT/768/99 4 Dec 1999 EAT His Honour Judge H Wilson Employment EAT Redundancy - Fairness  Layton v Blackpool Football Club Ltd EAT/1095/99; [1999] UKEAT 1095_99_1312 6 Dec 1999 EAT The Honourable Mr Justice Bell Employment EAT Redundancy - Fairness 1 Cites 1 Citers [ Bailii ] - [ EATn ]  Llewellyn Ryland Ltd v Jones and Another [1999] UKEAT 912_99_0612 6 Dec 1999 EAT Employment [ Bailii ]  Chief Constable of the West Yorkshire Police v W [1999] UKEAT 1144_99_0612; EAT/1144/99 6 Dec 1999 EAT The Honourable Mr Justice Charles Employment, Discrimination EAT Sex Discrimination - Direct [ Bailii ] - [ EAT ]  Long Clawson Dairy Ltd v Turner [1999] UKEAT 902_99_0612 6 Dec 1999 EAT Employment [ Bailii ]  MOD (Service Children's Education) v KW [1999] UKEAT 1119_99_0612 6 Dec 1999 EAT Employment 1 Citers [ Bailii ]  Hertfordshire Social Services v Greenwood [1999] UKEAT 1283_99_0712 7 Dec 1999 EAT Employment [ Bailii ]  Tuck v Norwood Interiors [1999] UKEAT 1008_99_0712 7 Dec 1999 EAT Employment [ Bailii ]  Skelton Transport Group Plc v Simpson and others [1999] UKEAT 1027_99_0712 7 Dec 1999 EAT Employment [ Bailii ]  Olds v Computacenter (Uk) Ltd [1999] UKEAT 1075_99_0712 7 Dec 1999 EAT Employment [ Bailii ]  Maurice v Betterware UK Ltd [1999] UKEAT 1030_99_0712 7 Dec 1999 EAT Employment 1 Citers [ Bailii ]  Lloyd-Jones v Cheshire County Council [1999] UKEAT 67_99_0712 7 Dec 1999 EAT Employment [ Bailii ]  Criminal Proceedings Against Arblade and Others Joined Cases C-369/96 and C-376/96 Times, 07 December 1999 7 Dec 1999 ECJ Employment, European Where a member state had a minimum wage law, it was not contrary to the rules requiring the free movement of services, to require that a supplier from another state providing services within the state should do so subject to the minimum wage rules of the state in which the service is provided, and to criminalize breaches of such rules. There was no freedom to insist on payment of employers social funds contributions in both states. ECTreaty Article 234  Geliot Whitman Ltd v O'Donoghue [1999] UKEAT 1026_99_0712 7 Dec 1999 EAT Employment 1 Cites 1 Citers [ Bailii ]  Fame Recruitment Consultants v Suleman [1999] UKEAT 788_99_0712 7 Dec 1999 EAT Employment [ Bailii ]  Gateway Professional Services (Nun-Royd) Ltd v Foster [1999] UKEAT 1227_98_0812 8 Dec 1999 EAT Employment [ Bailii ]  Dey v Hounslow Language Service [1999] UKEAT 555_99_0812 8 Dec 1999 EAT Employment [ Bailii ]  Shah v London Borough of Brent [1999] UKEAT 1451_98_0812 8 Dec 1999 EAT Pugsley HHJ Employment Pay protection 1 Cites 1 Citers [ Bailii ]  Wood and others v William Bell Ltd Gazette, 08 December 1999; (1999) IRLR 773 8 Dec 1999 EAT Employment, Discrimination A tribunal having decided not to call for expert evidence as to the situation of comparators in an equal pay claim, dismissed the application after deciding that the appellants had no reasonable prospect of success. This was wrong, and it failed to recognise the two stages of the procedure, which should have later allowed the claimant themselves to choose to bring such evidence. The appellants had accordingly been denied a proper hearing, and the case was remitted. Equal Pay Act 1970  Haydock v G D Cocker and Sons [1999] UKEAT 1143_99_0812 8 Dec 1999 EAT Employment [ Bailii ]  BG Plc v O'Brien [1999] UKEAT 1063_99_0912 9 Dec 1999 EAT Employment 1 Cites 1 Citers [ Bailii ]  Chief Constable of the West Yorkshire Police v A [1999] UKEAT 661_99_0912 9 Dec 1999 EAT Lindsay P J Employment Directions meeting [ Bailii ]  Lander Carlisle Ltd v Highfield [1999] UKEAT 953_99_0912 9 Dec 1999 EAT Employment [ Bailii ]  Post Office v Thomas [1999] UKEAT 1036_99_0912 9 Dec 1999 EAT Employment [ Bailii ]  Woods v Lambeth Service Team Ltd [1999] UKEAT 1009_99_0912 9 Dec 1999 EAT Employment [ Bailii ]  Adebayo-Orebote v Sureway Parking Services Ltd [1999] UKEAT 1034_99_0912 9 Dec 1999 EAT Employment [ Bailii ]  Amalgamated Engineering and Electrical Union v Simpson [1999] UKEAT 414_99_0912 9 Dec 1999 EAT Employment [ Bailii ]  Brierley v Devon County Council and Another [1999] UKEAT 174_99_0912 9 Dec 1999 EAT Employment [ Bailii ]  Doncaster Metropolitan Borough Council v Hancock EAT/1059/99 10 Dec 1999 EAT His Honour Judge J Hicks Qc Employment EAT Procedural Issues - Employment Tribunal. [ EAT ]   Allen and Others v Amalgamated Construction Co Ltd; ECJ 10-Dec-1999 - Times, 10 December 1999; [2000] ICR 436; C-234/98; [2000] IRLR 119; [1999] EUECJ C-234/98  Waugh and Another v Glendale Industries [1999] UKEAT 186_99_1012 10 Dec 1999 EAT Employment [ Bailii ]  London Borough of Haringey v Y M Reynolds EAT/1070/98 10 Dec 1999 EAT His Honour Judge A Wilkie QC Employment EAT Redundancy - Definition  Blowman v Lumonics Ltd, Mel Smith [1999] UKEAT 1138_99_1012 10 Dec 1999 EAT Employment [ Bailii ]  Honeycombe 78 Limited v P Cummins and others Secretary of State for Trade and Industry EAT/100/99 10 Dec 1999 EAT His Honour Judge Peter Clark Employment EAT Transfer of Undertakings - Economic Technical or Organisational Reason  J A Waugh and I C Cox v Glendale Industries Limited EAT/186/99 10 Dec 1999 EAT The Honourable Mr Justice Lindsay (President Employment EAT Unlawful Deduction from Wages -  PNG (Enfield) v Smith [1999] UKEAT 1133_99_1012 10 Dec 1999 EAT Employment [ Bailii ]  Honeycombe 78 Limited v P Cummins and Others, Secretary of State for Trade and Industry EAT/100/99 10 Dec 1999 EAT His Honour Judge Peter Clark Employment EAT Transfer of Undertakings - Economic technical or organisational reason. [ EATn ]  Honeycombe 78 Ltd v Cummins and others [1999] UKEAT 100_99_1012 10 Dec 1999 EAT Employment [ Bailii ]  London Borough of Haringey v Reynolds [1999] UKEAT 1070_98_1012 10 Dec 1999 EAT Employment [ Bailii ]  London Borough of Haringey v Ms Y M Reynolds EAT/1070/98 10 Dec 1999 EAT His Honour Judge A Wilkie Qc Employment EAT Redundancy - Definition [ EATn ]  Baker v Welwyn Hatfield District Council [1999] UKEAT 1050_99_1012 10 Dec 1999 EAT Employment [ Bailii ]  Brandy v Islington [1999] UKEAT 1137_99_1012 10 Dec 1999 EAT Employment [ Bailii ]  Bridgend County Borough Council v Stephens [1999] UKEAT 4_99_1012 10 Dec 1999 EAT Employment 1 Cites [ Bailii ]  Douglas v Clifford Coppock and Carter Solicitors [1999] UKEAT 1293_99_1012 10 Dec 1999 EAT Employment [ Bailii ]  J A Waugh and I C Cox v Glendale Industries Limited EAT/186/99 10 Dec 1999 EAT The Honourable Mr Justice Lindsay (President Employment EAT Unlawful Deduction from Wages - (no sub-topic). [ EATn ]  Bheemah v Ministry of Agriculture, Fisheries and Food [1999] UKEAT 1170_99_1312 13 Dec 1999 EAT Employment [ Bailii ]  Evans v Oaklands Nursing Home Group Ltd [1999] UKEAT 331_99_1312 13 Dec 1999 EAT Employment [ Bailii ]  Ipc Magazines Limited v A L Clements EAT/456/99 13 Dec 1999 EAT His Honour Judge Peter Clark Employment EAT Unfair Dismissal - Reinstatement/re-engagement. [ EATn ]  Cadbury v South Thames College [1999] UKEAT 1407_98_1312 13 Dec 1999 EAT Employment [ Bailii ]  Rover Group Ltd v Shazad [1999] UKEAT 215_99_1312 13 Dec 1999 EAT Employment [ Bailii ]  IPC Magazines Limited v A L Clements EAT/456/99; [1999] UKEAT 456_99_1312 13 Dec 1999 EAT His Honour Judge Peter Clark Employment EAT Unfair Dismissal - Re-Engagement 1 Cites 1 Citers [ Bailii ]  Honnor v Tri Ltd [1999] UKEAT 1065_99_1412 14 Dec 1999 EAT Employment [ Bailii ]  El'Abed v British Broadcasting Corporation [1999] UKEAT 1335_98_1412 14 Dec 1999 EAT Employment, Discrimination Appeal by Mr Elabed against the decision of the Employment Tribunal that his complaints of race discrimination against the British Broadcasting Corporation ['BBC'] failed and were dismissed. [ Bailii ]  Fowler v Fr Aviation Ltd [1999] UKEAT 1086_99_1412 14 Dec 1999 EAT Employment [ Bailii ]  Glendale Industries Ltd v Cusack and others [1999] UKEAT 1033_99_1412 14 Dec 1999 EAT Employment [ Bailii ]  St David's School v Head [1999] UKEAT 160_99_1512 15 Dec 1999 EAT Employment [ Bailii ]  Ohagwa v Southwark [1999] UKEAT 1072_99_1512 15 Dec 1999 EAT Employment [ Bailii ]  Unwin v Sackville School and Another [1999] UKEAT 1068_98_1512; EAT/1068/98; EAT/1314/98 15 Dec 1999 EAT His Honour Judge Peter Clark Employment EAT Procedural Issues - Employment Tribunal 1 Cites 1 Citers [ Bailii ] - [ EAT ]  Latino v Commission T-300/97; [1999] EUECJ T-300/97 15 Dec 1999 ECFI Employment, Personal Injury Officials - Occupational disease - Exposure to asbestos - Rate of permanent partial invalidity - Irregularity of the opinion of the medical board - Failure to state reasons. [ Bailii ]  Camden v Mohammed [1999] UKEAT 556_99_1512 15 Dec 1999 EAT Employment [ Bailii ]  Healey v John Adams and Sons Ltd [1999] UKEAT 25_99_1612 16 Dec 1999 EAT Employment [ Bailii ]  Moore v Zeneca Ltd [1999] UKEAT 1019_99_1612 16 Dec 1999 EAT Employment [ Bailii ]  G. Everson and T.J. Barrass v Secretary of State for Trade and Industry and Bell Lines Ltd C-198/98; [1999] EUECJ C-198/98 16 Dec 1999 ECJ European, Employment, Insolvency Europa Where the employees adversely affected by the insolvency of their employer were employed in a Member State by the branch established in that State of a company incorporated under the laws of another Member State, where that company has its registered office and in which it was placed in liquidation, the competent institution, under Article 3 of Directive 80/987 on the approximation of the laws of the Member States relating to the protection of employees in the event of the insolvency of their employer, for payment to those employees of outstanding claims is that of the State within whose territory they were employed. [ Bailii ]  Hoddy v Pickworth and others [1999] UKEAT 235_98_1612 16 Dec 1999 EAT Employment [ Bailii ]  Soormally v Department of Social Security Benefit Agency [1999] UKEAT 125_98_1712 17 Dec 1999 EAT Employment [ Bailii ]  London Borough of Croydon v N Fuller J P Gillam S P Kingham, L Davis, M B Smith, H C Hatley EAT/289/96; EAT/133/96 17 Dec 1999 EAT The Honourable Mr Justice Charles Employment EAT Transfer of Undertakings - Dismissal  R Bonna v Oxford City Council EAT/1050/98 17 Dec 1999 EAT The Honourable Mr Justice Holland Employment EAT Jurisdiction -  Driskel v Peninsula Business Services Ltd Michael Huss Anthony Sutcliffe, Peter Done EAT/1120/98; [1999] UKEAT 1120_98_1712; [2000] IRLR 151 17 Dec 1999 EAT The Honourable Mr Justice Holland Discrimination, Employment EAT The claimant said that she had been subjected to crass sexual banter by her senior manager. She refused to take up a post unless he was moved, and when he declined to so, she was dismissed. The court cited a US case "the trier of fact must keep in mind that each successive episode has its predecessors, that the impact of the separate incidents may accumulate and that the work environment may exceed the sum of the individual episodes." Where an act may be so obviously detrimental as being intimidating or undermining of the dignity at work of the Claimant the the lack of any contemporaneous complaint was of little or no significance: "By contrast [the complainant] may complain of one or more matters which if taken individually may not objectively signify much, if anything, in terms of detriment. Then a contemporaneous indication of sensitivity on [the complainant's] part becomes obviously material as does the evidence of the alleged discriminator as to his perception. That which in isolation may not amount to discriminatory detriment may become such if persisted in notwithstanding objection, vocal or apparent. The passage… from the judgment of the US Federal Appeal Court is germane. By contrast the facts may simply disclose hyper-sensitivity on the part of the [complainant] to conduct which was reasonably not perceived by the alleged discriminator as being to [the complainants] detriment – no finding of discrimination can then follow." 1 Cites 1 Citers [ Bailii ] - [ EATn ]  Anya v University of Oxford and Another [1999] UKEAT 739_98_1712 17 Dec 1999 EAT Employment, Discrimination 1 Cites 1 Citers [ Bailii ]  London Borough of Croydon v N Fuller, J P Gillam, S P Kingham, L Davis, M B Smith, H C Hatley EAT/289/96; EAT/133/96 17 Dec 1999 EAT The Honourable Mr Justice Charles Employment EAT Transfer of Undertakings - Dismissal. [ EATn ]  R Bonna v Oxford City Council EAT/1050/98 17 Dec 1999 EAT The Honourable Mr Justice Holland Employment EAT Jurisdiction - (no sub-topic). [ EATn ]  Hirani v Dome Cosmetics Ltd [1999] UKEAT 1390_98_1712 17 Dec 1999 EAT Employment [ Bailii ]   Bland v Sparkes and Another; CA 17-Dec-1999 - Times, 17 December 1999  Arboshe v East London Bus and Coach Co Ltd [1999] UKEAT 877_98_1712 17 Dec 1999 EAT Employment [ Bailii ]  Bailey v Ready Mixed Concrete (London) Ltd [1999] UKEAT 162_99_1712 17 Dec 1999 EAT Employment [ Bailii ]  Bonna v Oxford City Council [1999] UKEAT 1050_98_1712 17 Dec 1999 EAT Employment [ Bailii ]  London Borough of Croydon v Samuels and Another [1999] UKEAT 133_96_1712 17 Dec 1999 EAT Employment [ Bailii ]  University of Oxford v Humphreys and Another [1999] EWCA Civ 3050; [2000] IRLR 183; [2000] 1 CMLR 647; [2000] Ed CR 246; [2000] 1 All ER 996; [2000] ICR 405 20 Dec 1999 CA Roch, Potter, Moore-Bick LJJ Employment Transfer of Undertakings (Protection of Employment) Regulations 1981 5 [ Bailii ]  Christopher v Fuller Smith and Turner Plc [1999] UKEAT 1434_99_2112 21 Dec 1999 EAT Employment [ Bailii ]  Kirklees Metropolitan Borough Council v Olive Catherine Farrell EAT/1060/99 23 Dec 1999 EAT His Honour Judge J Hicks Qc Employment EAT Procedural Issues - Employment Tribunal. 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