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		Employment - From: 2001 To: 2001 This page lists 2034 cases, and was prepared on 02 April 2018. Â Â John Johnstone v Smart Graphics Ltd; EAT 2001 - EAT/749/00 Â Balfron Trustees Ltd v Peterson [2001] IRLR 758 2001 CA Laddie J, Dyson LJ Employment, Vicarious Liability The court analysed in detail the decision in Lister v Hesley Hall and continued: "All of these passages emphasise the necessity of identifying the duty or responsibility of the employer to the victim. If such a duty or responsibility exists, the employer cannot avoid liability because it was delegated to an employee who failed to comply with his employer's instructions. Even though the employee's acts are so heinous that they could not reasonably be said to form part of his obligations vis a vis his employer, they are treated as within the scope of his employment vis a vis the victim, since he was employed to discharge the employer's duty to the victim. If this analysis is right, then the first issue to be determined is whether or not the employer owed a duty to the victim/claimant. This is, no doubt, an area in which there is room for development (cf White v. Jones [1995] 2 AC 207 in relation to negligence). Whether or not a duty of care of the employer to the victim is involved, there must be some form of responsibility towards the victim. Once there is, the employer cannot escape his obligations by delegating to an employee." 1 Cites 1 Citers Â Lennon v Birmingham City Council [2001] IRLR 826 2001 Employment 1 Citers Â Callaghan v Glasgow City Council [2001] IRLR 724 2001 Employment 1 Citers Â Governors of Warwick Park School v Hazelhurst [2001] EWCA Civ 2056 2001 CA Pill LJ Discrimination, Employment “In my judgment the Employment Appeal Tribunal were correct to hold that there was an error of law in the decision of the Employment Tribunal as identified by the Employment Appeal Tribunal. In a situation in which it is expressly found that there was no deliberate or conscious racial discrimination, it is necessary, before drawing the inference sought to be drawn, to set out the facts relied on and the process by which the inference is drawn. In some cases that process of reasoning need only be brief; in other cases more detailed reasoning will be required. The Employment Appeal Tribunal approached the matter in this way: "... we do suggest that the less obvious the primary facts are as pointers or the more inconclusive or ambivalent the explanations given for the events in issue are as pointers, the more the need for the Employment Tribunal to explain why it is that from such primary facts and upon such explanations the inference that they have drawn has been drawn. The more equivocal the primary facts, the more the Employment Tribunal needs to explain why they have concluded as they have." and "As we have mentioned the tribunal repeatedly said that there had been no intention to discriminate. That, of course, is not in itself an answer but it is likely to lead to a position in which the reasons for the inference of racial discrimination need to be fully explained." 1 Citers Â Cheeseman v R Brewer Contracts Ltd [2001] IRLR 144 2001 EAT Lindsay J Employment 1 Citers Â R Edwards v Mid Suffolk District Coun Cil EAT/194/99; [2001] UKEAT 194_99_1101 11 Jan 2001 EAT His Honour Judge D M Levy QC Employment EAT Unfair Dismissal - Reason for Dismissal [ Bailii ] Â Kenny v John Floydd and Associates [2001] UKEAT 1085_99_1101 11 Jan 2001 EAT Employment [ Bailii ] Â London Underground Ltd v Harris [2001] UKEAT 752_00_1101 11 Jan 2001 EAT Employment [ Bailii ] Â Telelift (Uk) Ltd v Cherrington [2001] UKEAT 937_00_1101 11 Jan 2001 EAT Employment 1 Cites 1 Citers [ Bailii ] Â Tees and Hartlepool Port Authority Ltd v Freer [2001] UKEAT 1476_99_1101 11 Jan 2001 EAT Employment [ Bailii ] Â Tees and Hartlepool Port Authority Ltd v T P Freer EAT/1476/99 11 Jan 2001 EAT His Honour Judge P Collins Cbe Employment EAT Unlawful Deduction from Wages - Â Padhiar v Adcola Products Ltd [2001] UKEAT 1313_99_1101 11 Jan 2001 EAT Employment [ Bailii ] Â v Kenny v John Floydd and Associates EAT/1085/99 11 Jan 2001 EAT The Honourable Mr Justice Charles Employment EAT Unfair Dismissal - Reason for Dismissal Â Greater Manchester Passenger Transport Executive v Sands [2001] UKEAT 538_00_1101 11 Jan 2001 EAT Employment [ Bailii ] Â Tees and Hartlepool Port Authority Ltd v T P Freer EAT/1476/99 11 Jan 2001 EAT His Honour Judge P Collins Cbe Employment EAT Unlawful Deduction from Wages - (no sub-topic). [ EATn ] Â Edwards v The Governors of Hanson School [2001] UKEAT 314_99_1101; EAT/314/99; [2001] IRLR 132 11 Jan 2001 EAT The Honourable Mr Justice Bell Employment EAT Unfair Dismissal - Procedural fairness/automatically unfair dismissal. 1 Cites 1 Citers [ Bailii ] - [ EATn ] Â R Edwards v Mid Suffolk District Coun Cil EAT/194/99 11 Jan 2001 EAT His Honour Judge D M Levy Qc Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â v Kenny v John Floydd and Associates EAT/1085/99 11 Jan 2001 EAT The Honourable Mr Justice Charles Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â Â Regina v Wakefield; Regina v Lancashire; CACD 12-Jan-2001 - Times, 12 January 2001 Â Â Clapson v British Airways Plc; EAT 12-Jan-2001 - Times, 21 February 2001; [2001] UKEAT 1266_00_1201 Â Lanahan v Cardiff County Council [2001] UKEAT 878_00_1201 12 Jan 2001 EAT Employment [ Bailii ] Â Ibe v Abbot Security Services 1977 Ltd [2001] UKEAT 970_00_1201 12 Jan 2001 EAT Employment [ Bailii ] Â v Edwards v Eric Langer T/A Langer and Co (A Firm) EAT/1460/00 12 Jan 2001 EAT His Honour Judge Peter Clark Employment EAT Procedural Issues - Employment Tribunal Â Murali v Dept of Health and Another [2001] UKEAT 664_00_1201 12 Jan 2001 EAT Employment [ Bailii ] Â Robert Fletcher (Greenfield) Ltd v Blakeman [2001] UKEAT 767_00_1201 12 Jan 2001 EAT Employment 1 Citers [ Bailii ] Â Edwards v Langer T/A Langer and Co (A Firm) EAT/1460/00 12 Jan 2001 EAT His Honour Judge Peter Clark Employment EAT Procedural Issues - Employment Tribunal. [ EAT ] Â Sandhu v Benefits Agency and Another [2001] UKEAT 1028_99_1201 12 Jan 2001 EAT Employment [ Bailii ] Â Abbey National Plc v Sampson [2001] UKEAT 1484_99_1201 12 Jan 2001 EAT Employment [ Bailii ] Â Barbara Joy Ledgister v North Lewisham Law Centre EAT/71/00 12 Jan 2001 EAT The Honourable Mr Justice Lindsay (President) Employment EAT Unfair Dismissal - Compensation Â Edwards v Langer (T/A Langer and Co) [2001] UKEAT 1460_00_1201 12 Jan 2001 EAT Employment [ Bailii ] Â Quirk v Burton Hospitals NHS Trust and Another [2001] UKEAT 1031_99_1201 12 Jan 2001 EAT Employment [ Bailii ] Â Ledgister v North Lewisham Law Centre [2001] UKEAT 71_00_1201 12 Jan 2001 EAT Employment [ Bailii ] Â Â Ledgister v North Lewisham Law Centre; EAT 12-Jan-2001 - EAT/71/00 Â Singer (Family Health Care) v Orr [2001] UKEAT 917_00_1501 15 Jan 2001 EAT Employment [ Bailii ] Â Portland Asset Maintenance Ltd v Abaronye [2001] UKEAT 936_00_1501 15 Jan 2001 EAT Employment [ Bailii ] Â Moore v Ar Calvert (Leyburn) Ltd [2001] UKEAT 628_00_1501 15 Jan 2001 EAT Employment [ Bailii ] Â Sojirin v National Car Parks Ltd [2001] UKEAT 424_00_1501 15 Jan 2001 EAT Employment [ Bailii ] Â Raichura v London Borough of Harrow [2001] UKEAT 69_01_1501 15 Jan 2001 EAT Employment [ Bailii ] Â Edwards v Western [2001] UKEAT 497_00_1501 15 Jan 2001 EAT Employment [ Bailii ] Â Construction v Nisbet [2001] UKEAT 948_00_1501 15 Jan 2001 EAT Employment [ Bailii ] Â Coyle v Georgiou [2001] UKEAT 535_00_1501 15 Jan 2001 EAT Employment [ Bailii ] Â Edwards v Western [2001] UKEAT 1092_00_1501 15 Jan 2001 EAT Employment [ Bailii ] Â Lawal v Northern Spirit Ltd [2001] UKEAT 889_00_1501 15 Jan 2001 EAT Employment 1 Cites 1 Citers [ Bailii ] Â Hussaney v Chester City Fc and Another [2001] UKEAT 203_98_1501 15 Jan 2001 EAT Employment [ Bailii ] Â Woolworths Plc v Roe [2001] UKEAT 590_00_1501 15 Jan 2001 EAT Employment [ Bailii ] Â Henry v British Gas [2001] UKEAT 907_00_1601 16 Jan 2001 EAT Employment [ Bailii ] Â Eamon Monaghan v Glasgow Trade Union Council EAT/788/00 16 Jan 2001 EAT The Honourable Lord Johnston Employment EAT Contract of Employment - Written Particulars Â Haringe v Akpan [2001] UKEAT 974_00_1601 16 Jan 2001 EAT Employment [ Bailii ] Â Mealing (T/A Avonleigh Nursing Home v Rice [2001] UKEAT 401_00_1601 16 Jan 2001 EAT Employment [ Bailii ] Â The English Language Institute of London City College v Benjamin Davis and Another [2001] UKEAT 904_00_1601 16 Jan 2001 EAT Employment [ Bailii ] Â Doshoki v Draeger Ltd [2001] UKEAT 0939_01_1601 16 Jan 2001 EAT Employment [ Bailii ] Â Croft v Post Office [2001] UKEAT 1160_00_1601 16 Jan 2001 EAT Employment [ Bailii ] Â Logan-Salton v Calderdale Metropolitan Borough Council [2001] UKEAT 429_00_1601 16 Jan 2001 EAT Employment 1 Citers [ Bailii ] Â Fiona Decor Ltd T/A Decorum v Kelly EAT/751/00 16 Jan 2001 EAT The Honourable Lord Johnston Employment EAT Jurisdiction - EAT Jurisdiction - (no sub-topic). [ EATn ] Â Eamon Monaghan v Glasgow Trade Union Council EAT/788/00 16 Jan 2001 EAT The Honourable Lord Johnston Employment EAT Contract of Employment - Written particulars. [ EATn ] Â Ocs Cleaning Midlands and North Ltd v Rivers [2001] UKEAT 972_00_1601 16 Jan 2001 EAT Employment [ Bailii ] Â White v Beautimatic International Ltd [2001] UKEAT 857_00_1601 16 Jan 2001 EAT Employment [ Bailii ] Â Singh v Toplite Ltd and Another [2001] UKEAT 0924_01_1601 16 Jan 2001 EAT Employment [ Bailii ] Â Wright v Scope and Another [2001] UKEAT 990_00_1701 17 Jan 2001 EAT Employment [ Bailii ] Â Horvath v Butterley Engineering Ltd [2001] UKEAT 995_00_1701 17 Jan 2001 EAT Employment [ Bailii ] Â Grimes v Strathclyde Fire Brigade EAT/801/00 17 Jan 2001 EAT The Honourable Lord Johnston Employment EAT Time Limits - (no sub-topic). [ EAT ] Â Ian White v Newsquest (Stourbridge) Ltd EAT/1325/99; EAT/565/00; [2001] UKEAT 565_00_1701 17 Jan 2001 EAT His Honour Judge D Pugsley Employment EAT Unfair Dismissal - Procedural Fairness [ Bailii ] Â Henderson v Northern Leisure Plc EAT/70/00; [2001] UKEAT 70_00_1701 17 Jan 2001 EAT His Honour Judge Peter Clark Employment EAT The EAT considered whether the Employment Tribunal adjudicating on the various claims brought by the Appellant including a claim of unfair dismissal, fell into error in finding that he had failed to mitigate his loss at a time when he was in receipt of Job Seekers Allowance (JSA). 1 Cites [ Bailii ] - [ EATn ] Â Ian White v Newsquest (Stourbridge) Ltd EAT/565/00, EAT/1325/99 17 Jan 2001 EAT His Honour Judge D Pugsley Employment EAT Unfair Dismissal - Procedural fairness/automatically unfair dismissal. [ EATn ] Â The Lord Chancellor, The Lord Chancellors Department v J Coker, M Osamor Times, 23 January 2001; EAT/820/99; EAT/819/99 17 Jan 2001 EAT The Honourable Lord Johnston Discrimination, Employment, Administrative A special adviser was not a civil servant subject to the normal rules governing such, and nor was the appointment of that adviser. The appellant had chosen his special adviser without advertisement, and had chosen someone well known to him. The requirement was not only that someone be appointed who was known to the Chancellor, but also that it be someone in whom he had established trust and confidence. Equally the question of disproportionate impact was broader than the likely impact between men and women. That test had to be judged as within the pool of people who might satisfy the requirements of the post. EAT Sex Discrimination - Inferring Discrimination Sex Discrimination Act 1975 Â Tasci v Pekalp of London Ltd Times, 17 January 2001 17 Jan 2001 CA Health and Safety, Personal Injury, Employment The duty of an employer properly to train his employees in the use of wood-working machinery, as set out in the Regulations, extended beyond that needed to give a comprehensive explanation in ordinary language. Particularly in the case where an employee might not have a good command of English, or where there was reason to suspect that he might exaggerate his understanding, the employer should verify the extent of understanding achieved. Woodworking Machines Regulations 1974 (1974 no 903) Â Elaine Grimes v Strathclyde Fire Brigade EAT/801/00 17 Jan 2001 EAT The Honourable Lord Johnston Employment EAT Time Limits - 1 Cites 1 Citers Â The Lord Chancellor and Another v Coker and Another [2001] UKEAT 820_99_1701; [2001] Emp LR 272; [2001] ICR 507; [2001] IRLR 116 17 Jan 2001 EAT Lord Johnston Employment, Discrimination, Discrimination Appeal at the instance of the Lord Chancellor and his department against the decision of the Employment Tribunal that in the selection of a special adviser he contravened the provisions in respect of the first respondent, as she now is, the Sex Discrimination Act 1975 and in respect of the second respondent, as she now is, both that Act and the Race Relations Act 1976. Sex Discrimination Act 1975 - Race Relations Act 1976 [ Bailii ] Â Parkins v Sodexho Ltd [2001] UKEAT 1239_00_1701 17 Jan 2001 EAT Employment 1 Citers [ Bailii ] Â A's Application for Judicial Review [2001] EWCA Civ 31 18 Jan 2001 CA Employment, Education [ Bailii ] Â Scott v Nacro Housing [2001] UKEAT 75_01_1801 18 Jan 2001 EAT Employment [ Bailii ] Â Waltham Forest v Hewer [2001] UKEAT 1461_99_1801 18 Jan 2001 EAT Employment [ Bailii ] Â Gilbert and others v Barnsley Metropolitan Borough Council [2001] UKEAT 674_00_1801 18 Jan 2001 EAT Collins J Employment The parties sought to appeal the method of calculation of the notice period in redundancy calculations affecting part time workers in educational establishments: " The employers contended that since the employees were paid by 12 equal monthly payments a week's pay should be based on a year of 52 weeks. The employees pointed out that, although the payments were made by 12 payments they were calculated on the basis of a working year inclusive of holidays of 43 or 44 weeks as the case may be, and it was their view that the week's pay should be calculated on the basis of the lesser period which would, of course, give them a larger award." Held: A reasonably arguable point of law had been raised and it could affect many people. The appeal should be allowed to proceed. 1 Citers [ Bailii ] Â Martin K Laird v A K Stoddart Ltd EAT/834/00 18 Jan 2001 EAT The Honourable Lord Johnston Employment EAT Unlawful Deduction from Wages - Â Habit Diamond Ltd v Stefford [2001] UKEAT 75_00_1801 18 Jan 2001 EAT Employment [ Bailii ] Â Abbey National Plc v Morag Robertson EAT/833/00 18 Jan 2001 EAT The Honourable Lord Johnston Employment EAT Contract of Employment - Breach of Contract Â Martin K Laird v A K Stoddart Ltd EAT/834/00 18 Jan 2001 EAT The Honourable Lord Johnston Employment EAT Unlawful Deduction from Wages - (no sub-topic). [ EATn ] Â Abbey National Plc v Morag Robertson EAT/833/00 18 Jan 2001 EAT The Honourable Lord Johnston Employment EAT Contract of Employment - Breach of Contract. [ EATn ] Â London Borough of Waltham Forest v Margaret Hewer EAT/1461/99 18 Jan 2001 EAT His Honour Judge D Pugsley Employment EAT Contract of Employment - Written particulars. [ EATn ] Â Professional Selection and Development Ltd v Angela Macleod [2001] UKEAT 776_00_1801 18 Jan 2001 EAT Employment [ Bailii ] Â Laird v A K Stoddart Ltd [2001] UKEAT 843_00_1801; [2001] IRLR 591 18 Jan 2001 EAT Lord Johnston Employment Appeal at the instance of the employee applicant in respect of a finding by the Employment Tribunal confirmed on review that in the relevant circumstances the respondent employer was not in breach of section 1(1) of the National Minimum Wage Act 1998 nor had they made any unlawful deductions from the applicant's wages in contravention of section 13(1) of the Employment Rights Act 1996. National Minimum Wage Act 1998 1(1) - Employment Rights Act 1996 13(1) [ Bailii ] Â Habit Diamond Ltd v Ian Stefford EAT/75/00 18 Jan 2001 EAT His Honour Judge Collins Cbe Employment EAT Unlawful Deduction from Wages - Â London Borough of Waltham Forest v Margaret Hewer EAT/1461/99 18 Jan 2001 EAT His Honour Judge D Pugsley Employment EAT Contract of Employment - Written Particulars Â Cerberus Software Ltd v John Anthony Rowley Times, 20 February 2001; [2001] ICR 376; [2001] EWCA Civ 1210; [2001] EWCA Civ 78; [2001] EWCA Civ 497 18 Jan 2001 CA Lord Justice Ward Lord Justice Sedley and Lord Justice Jonathan Parker Employment, Contract, Damages Where a contract of employment gave the employee a right to six months notice but provided that the employer might pay salary in lieu, and the employee was wrongfully dismissed instantly, but found work within weeks, he was entitled to his full six months pay in lieu of notice, but had to give credit for the sums he earned during that time in reduction of his damages. The choice given to the employer to pay salary in lieu of notice was inconsistent with an unconditional obligation to pay the full sum. courtcommentary.com Where (i) either party has right to terminate employment contract on six months' notice and (ii) it is agreed employer "may make payment in lieu of notice to the employee", then employer may elect whether or not to make payment in lieu of notice 1 Cites 1 Citers [ Bailii ] - [ Bailii ] - [ Bailii ] Â Habit Diamond Ltd v Ian Stefford EAT/75/00 18 Jan 2001 EAT His Honour Judge Collins Cbe Employment EAT Unlawful Deduction from Wages - (no sub-topic). [ EATn ] Â Eldridge and Another v Zhang [2001] UKEAT 543_99_1901 19 Jan 2001 EAT Employment [ Bailii ] Â Corsair v Liverpool City Council [2001] UKEAT 999_00_1901 19 Jan 2001 EAT Employment [ Bailii ] Â Ayovuare v Greenwich [2001] UKEAT 206_00_1901 19 Jan 2001 EAT Employment [ Bailii ] Â South Ayrshire Council v Stella Helena Govan Morton and 2Ors EAT/1518/00 19 Jan 2001 EAT The Honourable Lord Johnston Employment EAT Procedural Issues - Employment Tribunal Â O F Ayovuare v the London Borough of Greenwich EAT/206/00 19 Jan 2001 EAT The Honourable Mr Justice Charles Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â Ian A Innes v Equal Storm Ltd, T/A Merlin's Ark EAT/862/00 19 Jan 2001 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Reason for Dismissal Â O F Ayovuare v the London Borough of Greenwich EAT/206/00 19 Jan 2001 EAT The Honourable Mr Justice Charles Employment EAT Procedural Issues - Employment Tribunal Â Singh v Lambeth Healthcare NHS Trust [2001] UKEAT 938_00_1901 19 Jan 2001 EAT Employment [ Bailii ] Â South Ayrshire Council v Ms Stella Helena Govan Morton and 2Ors EAT/1518/00 19 Jan 2001 EAT The Honourable Lord Johnston Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â Morgan Hall Solicitors v Butler and Another [2001] UKEAT 836_00_1901 19 Jan 2001 EAT Employment [ Bailii ] Â Ian A Innes v Equal Storm Ltd, T/A Merlina€s Ark EAT/862/00 19 Jan 2001 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â Williamson v Williamson [2001] UKEAT 950_00_1901 19 Jan 2001 EAT Employment [ Bailii ] Â ALM Medical Services Ltd v Bladon [2001] UKEAT 709_00_1901 19 Jan 2001 EAT Employment 1 Citers [ Bailii ] Â Madden v Preferred Technical Group - Cha Limited, Michael Guest EAT/1215/99 21 Jan 2001 EAT His Honour Judge Peter Clark Discrimination, Employment EAT Race Discrimination - Victimisation EAT Race Discrimination - Victimisation. 1 Cites 1 Citers [ EATn ] Â S Hackett v Vaw Motorcast Ltd EAT/10/00 22 Jan 2001 EAT His Honour Judge Collins Cbe Employment EAT Unfair Dismissal - Compensation. [ EATn ] Â Eldewiny v City Centre Restaurant (UK) Ltd and others [2001] UKEAT 1185_99_2201 22 Jan 2001 EAT Lindsay P J Employment, Discrimination Appeal against dismissal of race discrimination claim [ Bailii ] Â Matthews v the Key Computer Company [2001] UKEAT 957_00_2201 22 Jan 2001 EAT Employment [ Bailii ] Â Hackett v Vaw Motorcast Ltd [2001] UKEAT 10_00_2201 22 Jan 2001 EAT Employment [ Bailii ] Â Panama v Hackney [2001] UKEAT 884_00_2201 22 Jan 2001 EAT Employment [ Bailii ] Â Knight v Holdsworth [2001] UKEAT 979_00_2201 22 Jan 2001 EAT Employment [ Bailii ] Â S Hackett v Vaw Motorcast Ltd EAT/10/00 22 Jan 2001 EAT His Honour Judge Collins Cbe Costs, Employment The appellants appealed a decision awarding costs against them following a failed application. An order had been made under the rules requiring them to deposit costs against the expectation of the tribunal that their claim would fail. The eventual order of the tribunal, upon that failure, included a further order for costs against them The appeal was on the basis that at no pint in the decision did the chairman say how he had concluded that rule 12(7) applied, and how they had been unreasonable in persisting. The decision was at fault. Although the application could be expected to fail, it was on a difference of fact, and it was not so unreasonable of the applicants to have persisted. The decision awarding costs against them was set aside. EAT Unfair Dismissal - Compensation Employment Tribunals (Constitution and Rules of Procedure) Regulations 1993 1 Cites Â Gopy v Employment Fellowship Trading Ltd [2001] UKEAT 955_00_2201 22 Jan 2001 EAT Employment [ Bailii ] Â A J Matthews T/A Anton Motors v R T Smith, W G Gustar, G Ide EAT/131/00 23 Jan 2001 EAT Mr Recorder Underhill Qc Employment EAT Transfer of Undertakings - Dismissal. [ EATn ] Â Ardic v Sonmez (T/A Megapress Turkish Bookshop) [2001] UKEAT 1025_00_2301 23 Jan 2001 EAT Employment [ Bailii ] Â G A Heath v Austin Hayes Ltd EAT/1191/99 23 Jan 2001 EAT His Honour Judge Peter Clark Employment EAT Unfair Dismissal - Procedural fairness/automatically unfair dismissal. [ EATn ] Â Dar v Habib Bank Ltd [2001] UKEAT 924_00_2301 23 Jan 2001 EAT Employment [ Bailii ] Â G A Heath v Austin Hayes Ltd EAT/1191/99 23 Jan 2001 EAT His Honour Judge Peter Clark Employment EAT Unfair Dismissal - Procedural Fairness Â Matthews (T/A Anton Motors) v Smith and others [2001] UKEAT 131_00_2301 23 Jan 2001 EAT Employment [ Bailii ] Â Sankey v Nalco Diversified Technology Ltd [2001] UKEAT 888_00_2301 23 Jan 2001 EAT Employment 1 Cites 1 Citers [ Bailii ] Â Kitcher v Rochdale Metropolitan Borough Council [2001] UKEAT 835_00_2301 23 Jan 2001 EAT Employment [ Bailii ] Â A J Matthews T/A Anton Motors v R T Smith W G Gustar G Ide EAT/131/00 23 Jan 2001 EAT Mr Recorder Underhill QC Employment EAT Transfer of Undertakings - Dismissal Â Heath v Austin Hayes Ltd [2001] UKEAT 1191_99_2301 23 Jan 2001 EAT Employment [ Bailii ] Â Dumpleton v Lincolnshire County Council [2001] UKEAT 1145_00_2401 24 Jan 2001 EAT Employment [ Bailii ] Â Â Akram v Switchgear and Instrumental Ltd and Another; EAT 24-Jan-2001 - [2001] UKEAT 973_00_2401 Â Abbeycrown (South West) Ltd v Mourad [2001] UKEAT 555_00_2401 24 Jan 2001 EAT Employment [ Bailii ] Â M Soul v Adwel International Ltd EAT/889/99 24 Jan 2001 EAT Sir Christopher Bellamy Qc Employment EAT Unfair Dismissal - Contributory fault. [ EATn ] Â Valkova v Benefit Agency Medical Services [2001] UKEAT 563_99_2401 24 Jan 2001 EAT Employment [ Bailii ] Â Soul v Adwel International Ltd [2001] UKEAT 889_99_2401 24 Jan 2001 EAT Employment [ Bailii ] Â M Soul v Adwel International Ltd EAT/889/99 24 Jan 2001 EAT Sir Christopher Bellamy QC Employment EAT Unfair Dismissal - Contributory Fault Â Aviation and Airport Services Ltd v A M Bellfield and others EAT194/00 25 Jan 2001 EAT His Hon Judge Clark Employment EAT National Minimum Wage - (no sub-topic). [ EAT ] Â Vidfilm Europe v Singleton [2001] UKEAT 742_00_2501 25 Jan 2001 EAT Employment [ Bailii ] Â Saroy v The Post Office [2001] UKEAT 826_96_2501; EAT/826/96 25 Jan 2001 EAT Sir Christopher Bellamy Qc Employment EAT Contract of Employment - Breach of Contract. [ Bailii ] - [ EAT ] Â Teinaz v Wandsworth Borough Council [2001] UKEAT 777_00_2501 25 Jan 2001 EAT Lindsay J P Employment Preliminary hearing. 1 Citers [ Bailii ] Â Liskojarvi and Another v Oy Liikenne Ab Times, 27 February 2001; [2001] IRLR 171; Case C-172/99; [2001] EUECJ C-172/99; C-172/99 25 Jan 2001 ECJ Employment, European There is an inherent conflict between the need to promote freedom of competition, and the need to restrict competition to promote continuity of employment. The transfer of undertakings regulations must apply to the re-allocation of public service contracts. The absence of any direct contractual connection between the transferor and transferee of a contract was important but not decisive as to whether the regulations should apply. Council Directive 77/187/EEC of February 1977 on the approximation of laws relating to the safeguarding of employees' rights on transfers of undertakings 1 Citers [ Bailii ] Â HFC Bank v Hartley [2001] UKEAT 1468_99_2501; EAT/1468/99 25 Jan 2001 EAT The Honourable Mr Justice Lindsay (President) Employment EAT Time Limits - (no sub-topic). [ Bailii ] - [ EAT ] Â Bennett v London Borough of Southwark [2001] UKEAT 1273_97_2601 26 Jan 2001 EAT Employment [ Bailii ] Â Lawal v Chesterfield Borough Council [2001] UKEAT 910_00_2601 26 Jan 2001 EAT Lidsay J P Employment The claimant had begun proceedings alleging race discrimination by the respondent in the conduct of recruitment. The Council had replied requesting that the claim be struck out as frvolous and vexatious. The tribunal had rejected that request and refused to order a deposit, though it did say that his claim was unlikely to succeed. Held: "Mr Lawal, dissatisfied by meeting with total success, asked for extended reasons, perhaps with a view to an appeal" and "it is only points of law with which we are concerned, referable to that decision emerges from the Notice of Appeal. Mr Lawal was entirely victorious on that occasion. The Employment Tribunal's view on that day that his IT1 had no prospect of success was not a determination of that issue but just a necessary stage in the application under Rule 7(4) if the application was to be fully considered. " Application for leave to appeal rejected. 1 Citers [ Bailii ] Â C Page v Gala Leisure and others EAT/1398/99 26 Jan 2001 EAT The Honourable Mr Justice Lindsay (President) Employment EAT Unfair Dismissal - Reason for Dismissal Â Â Ajibade v Haringey; EAT 26-Jan-2001 - [2001] UKEAT 978_00_2601 Â Aeeu and others v Lyndon Scaffolding Plc [2001] UKEAT 1242_99_2601 26 Jan 2001 EAT Employment [ Bailii ] Â Mensah, Application for Permission; Mensah v Royal Berkshire and Battle Hospitals NHS Trust [2001] EWCA Civ 98 26 Jan 2001 CA Litigation Practice, Discrimination, Employment 1 Cites [ Bailii ] Â C Bennett v London Borough of Southwark EAT/878/99; EAT/1273/97 26 Jan 2001 EAT His Honour Judge Peter Clark Employment EAT Procedural Issues - Employment Tribunal Â Cearns and Brown Ltd v Richardson [2001] UKEAT 1109_00_2601 26 Jan 2001 EAT Employment [ Bailii ] Â C Bennett v London Borough of Southwark EAT/1273/97, EAT/878/99 26 Jan 2001 EAT His Honour Judge Peter Clark Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â Page v Gala Leisure and others [2001] UKEAT 1398_99_2601 26 Jan 2001 EAT Employment [ Bailii ] Â Ms C Page v Gala Leisure and others EAT/1398/99 26 Jan 2001 EAT The Honourable Mr Justice Lindsay (President) Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â IPC Magazines Ltd v Clements [2001] UKEAT 1154_00_2601 26 Jan 2001 EAT Employment 1 Cites 1 Citers [ Bailii ] Â Drake (T/A Procuts) v Powell [2001] UKEAT 512_00_2601 26 Jan 2001 EAT Employment [ Bailii ] Â Jones and Another (T/A Aunty Carole's Boarding Kennels) v Richards [2001] UKEAT 918_00_2601 26 Jan 2001 EAT Employment [ Bailii ] Â Corke v Wilson [2001] UKEAT 914_00_2601 26 Jan 2001 EAT Employment [ Bailii ] Â Lee, Dodds v Iceland Frozen Foods Plc EAT/1147/00 28 Jan 2001 EAT The Honourable Lord Johnston Employment EAT Transfer of Undertakings - Transfer 1 Citers [ EATn ] Â Charles v Ellis and Another (T/A Property Services) [2001] UKEAT 1002_00_2901 29 Jan 2001 EAT Employment [ Bailii ] Â Ms M v Shah v London Borough of Islington EAT/1375/99 29 Jan 2001 EAT His Honour Judge Collins Cbe Employment EAT Unfair Dismissal - Contributory fault. [ EATn ] Â Abegaze v British Telecommunications Plc [2001] EWCA Civ 74 29 Jan 2001 CA Mummery LJ Employment, Discrimination Renewed application for permission to appeal. 1 Cites 1 Citers [ Bailii ] Â Millership v Camden [2001] UKEAT 119_01_2901 29 Jan 2001 EAT Employment [ Bailii ] Â Locke v Amec Process and Energy Metco Services Ltd [2001] UKEAT 1102_00_2901 29 Jan 2001 EAT Employment [ Bailii ] Â Murphy v Quality Commissioning Ltd [2001] UKEAT 913_00_2901 29 Jan 2001 EAT Employment [ Bailii ] Â M V Shah v London Borough of Islington EAT/1375/99; [2001] UKEAT 1375_99_2901 29 Jan 2001 EAT His Honour Judge Collins Cbe Employment EAT Unfair Dismissal - Contributory Fault [ Bailii ] Â Colback v Ferguson and others [2001] UKEAT 1004_00_2901 29 Jan 2001 EAT Employment [ Bailii ] Â Mcdade v Critchlow and others [2001] UKEAT 1161_00_2901 29 Jan 2001 EAT Employment [ Bailii ] Â Mills v Hillingdon [2001] UKEAT 954_00_3001 30 Jan 2001 EAT Employment [ Bailii ] Â W J Mcgurran v Co-Operative Wholesale Society Ltd, T/A North Eastern Co-Op EAT/395/00; [2001] UKEAT 395_00_3001 30 Jan 2001 EAT His Honour Judge D Pugsley Employment EAT Unfair Dismissal - Reason for Dismissal [ Bailii ] Â Stronach v Walsall Metropolitan Borough Council [2001] UKEAT 981_00_3001 30 Jan 2001 EAT Employment [ Bailii ] Â FU v London Borough of Camden [2001] UKEAT 1366_99_3001 30 Jan 2001 EAT Altman HHJ Employment, Discrimination "This appeal concerns the application of the Disability Discrimination Act 1995 to the situation where an employer is considering dismissal, or ill health retirement, due to the incapacity of the employee resulting in his or her long-term absence from work either in the past or anticipated for the future." Disability Discrimination Act 1995 [ Bailii ] Â W J Mcgurran v Co-Operative Wholesale Society Ltd, T/A North Eastern Co-Op EAT/395/00 30 Jan 2001 EAT His Honour Judge D Pugsley Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â Brampton Manor (Leisure) Ltd v Robert Alleyne EAT/92/00 30 Jan 2001 EAT Mr Recorder Underhill Qc Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â Conoco Ltd v Kevan Booth EAT/83/00; [2001] UKEAT 83_00_3001 30 Jan 2001 EAT His Honour Judge Collins Cbe Discrimination, Employment EAT The employer appealed against a finding of unfair dsmissal and unlawful disability discrimination. He claimant suffered post traumatic stress after a fire at the appellant's premises, and the employer was advised to remove him from safety critical positions. They made attempts to find alternate work, but the claimant said the attempts were inadequate, and the tribunal agreed. Held: Where the potential for alternative employment lay for practical purposes exclusively within the knowledge of the employer, the burden of proof is on the employer to satisfy the tribunal that there was no alternative employment, available in the reasonably acceptable future for this employee. The company had not discharged this burden, and their appeal failed. Disability Discrimination Act 1995 5(1) 6 1 Cites [ Bailii ] - [ EAT ] Â Shuttleworth and Another v Johnson [2001] UKEAT 1247_00_3001 30 Jan 2001 EAT Employment [ Bailii ] Â Saxena v HM Prison Service [2001] UKEAT 1254_00_3001 30 Jan 2001 EAT Employment [ Bailii ] Â Brampton Manor (Leisure) Ltd v Robert Alleyne EAT/92/00 30 Jan 2001 EAT Mr Recorder Underhill QC Employment EAT Unfair Dismissal - Reason for Dismissal Â Malkan v NHS Executive (West Midlands) and others [2001] UKEAT 200_00_3001 30 Jan 2001 EAT Employment [ Bailii ] Â Brampton Manor (Leisure) Ltd v Alleyne [2001] UKEAT 92_00_3001 30 Jan 2001 EAT Employment [ Bailii ] Â Wilkinson v Yorston [2001] UKEAT 1005_00_3001 30 Jan 2001 EAT Employment [ Bailii ] Â Barnes v James Kimber Magazines Ltd [2001] UKEAT 1199_00_3001 30 Jan 2001 EAT Employment [ Bailii ] Â Allen v Harrow [2001] UKEAT 854_00_3001 30 Jan 2001 EAT Employment [ Bailii ] Â Newnham v Transco Plc [2001] UKEAT 125_00_3101 31 Jan 2001 EAT Employment [ Bailii ] Â Hawkes v Devon and Cornwall Autistic Community Trust [2001] UKEAT 921_00_3101 31 Jan 2001 EAT Employment [ Bailii ] Â Hina v Customs and Excise [2001] UKEAT 61_00_3101 31 Jan 2001 EAT Employment [ Bailii ] Â St Merryn Meat Ltd v Johanna Louise Sharkey [2001] UKEAT 1456_99_3101 31 Jan 2001 EAT Employment [ Bailii ] Â St Merryn Meat Ltd v Sharkey EAT/1456/99 31 Jan 2001 EAT His Honour Judge D Pugsley Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EAT ] Â Wrapid Packaging Systems Ltd v Salter [2001] UKEAT 780_00_3101 31 Jan 2001 EAT Employment [ Bailii ] Â Kirby v Hayes Distribution Ltd [2001] UKEAT 980_00_3101 31 Jan 2001 EAT Employment [ Bailii ] Â A H Collins v the Secretary of State for Trade and Industry EAT/1460/99 31 Jan 2001 EAT His Honour Judge D Pugsley Employment EAT Redundancy - Other - [ EATn ] Â A H Collins v the Secretary of State for Trade and Industry EAT/1460/99; [2001] UKEAT 1460_99_3101 31 Jan 2001 EAT His Honour Judge D Pugsley Employment EAT Redundancy - Other [ Bailii ] Â Malkan v the Chief Excutive, NHS Executive and others [2001] UKEAT 1153_00_3101 31 Jan 2001 EAT Employment [ Bailii ] Â Samuel v Lewisham [2001] UKEAT 1015_00_3101 31 Jan 2001 EAT Employment [ Bailii ] Â Budgens Stores Ltd v Floyd [2001] UKEAT 1080_00_0102 1 Feb 2001 EAT Employment [ Bailii ] Â Clarke v London Borough of Haringey EAT/792/99 1 Feb 2001 EAT Sir Christopher Bellamy QC Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EAT ] Â Bennett v Staffordshire Magistrates Courts' Committee [2001] UKEAT 883_00_0102 1 Feb 2001 EAT Employment [ Bailii ] Â B Clarke v London Borough of Haringey EAT/792/99 1 Feb 2001 EAT Sir Christopher Bellamy QC Employment EAT Unfair Dismissal - Reason for Dismissal Â Nolan (Aka Doyle) v Select Services Partner Airport Restaurants Ltd [2001] UKEAT 1097_00_0102 1 Feb 2001 EAT Employment [ Bailii ] Â Thomas (T/A Teddy Bears Day Nursery) v Overton and Another [2001] UKEAT 1018_00_0102 1 Feb 2001 EAT Employment [ Bailii ] Â Neckles v Yorkshire Rider Ltd (T/A First Huddersfield) [2001] UKEAT 517_00_0102 1 Feb 2001 EAT Employment [ Bailii ] Â Sivanandan v Hackney Action for Race Equality (Hare) [2001] UKEAT 1145_00_0102 1 Feb 2001 EAT Employment 1 Cites 1 Citers [ Bailii ] Â Clarke v Haringey [2001] UKEAT 792_99_0102 1 Feb 2001 EAT Employment [ Bailii ] Â Merhai v Management Committee of the Eritrean [2001] UKEAT 993_00_0102 1 Feb 2001 EAT Employment [ Bailii ] Â Singh v Makita Manufacturing (Europe) Ltd and Another [2001] UKEAT 1042_00_0202 2 Feb 2001 EAT Employment [ Bailii ] Â Sibbick v Southampton City Council [2001] UKEAT 445_00_0202 2 Feb 2001 EAT Employment [ Bailii ] Â Bills and Another v Stevens [2001] UKEAT 1011_00_0202 2 Feb 2001 EAT Unerhill QC Rec Employment Appeal against finding of unfair dismissal [ Bailii ] Â Vogler v British Dental Association [2001] UKEAT 1307_99_0202; EAT/1307/99 2 Feb 2001 EAT The Honourable Mr Justice Lindsay (President) Employment, Discrimination EAT Sex Discrimination - Victimisation [ Bailii ] - [ EAT ] Â Anite Systems Ltd v Williams-Key [2001] UKEAT 898_98_0202; EAT/898/98, EAT/942/98 2 Feb 2001 EAT The Honourable Mr Justice Charles Employment EAT Unlawful Deduction from Wages [ Bailii ] - [ EAT ] Â Such v Transport and General Workers Union [2001] EWCA Civ 163 2 Feb 2001 CA Mummery, Rix LJJ, Holman J Employment Application for leave to appeal out of time against rejection of employment law claims against the respondent. [ Bailii ] Â Mcelroy v Fredericks Dairies Ltd [2001] UKEAT 1032_00_0202 2 Feb 2001 EAT Underhill QC Rec Employment, Damages The former employee appealed against the finding of the date of his dismissal. His preferred date would change the maximum award. Held: The appeal failed. [ Bailii ] Â Jayasuriya v Meat Hygiene Service Lincs Turkeys Ltd EAT/525/00; [2001] UKEAT 525_00_0202 2 Feb 2001 EAT His Honour Judge D Pugsley Employment EAT Contract of Employment - Definition of Employee 1 Citers [ Bailii ] - [ EATn ] Â Seeckun v Wicks [2001] UKEAT 1193_99_0202 2 Feb 2001 EAT Employment [ Bailii ] Â Â Connolly v Sellers Arenascene Ltd; CA 2-Feb-2001 - Times, 08 March 2001; Gazette, 22 February 2001; [2001] EWCA Civ 184 Â The Post Office v Khan [2001] UKEAT 982_00_0502 5 Feb 2001 EAT Employment [ Bailii ] Â Allain v Jack Taylor School [2001] UKEAT 1010_00_0502 5 Feb 2001 EAT Employment [ Bailii ] Â St Helens and Knowsley Hospitals NHS Trust v J McCully EAT/888/99 5 Feb 2001 EAT Mr Recorder Underhill QC Employment EAT Unfair Dismissal - Procedural Fairness Â Williams v Hm Prison Service [2001] UKEAT 1236_00_0502 5 Feb 2001 EAT Employment [ Bailii ] Â St Helens and Knowsley Hospitals NHS Trust v J Mccully EAT/888/99 5 Feb 2001 EAT Mr Recorder Underhill Qc Employment EAT Unfair Dismissal - Procedural fairness/automatically unfair dismissal. [ EATn ] Â Ian Simpson v Van Den Bergh Foods Ltd EAT/86/00; [2001] UKEAT 86_00_0502 5 Feb 2001 EAT Miss Recorder Slade QC Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. 1 Cites [ Bailii ] - [ EATn ] Â Forcer v Bakers Food and Allied Workers Union [2001] UKEAT 658_00_0502 5 Feb 2001 EAT Employment [ Bailii ] Â Gordon v St Mary's C/E Primary School Chair of Governors [2001] UKEAT 1378_00_0502 5 Feb 2001 EAT Employment [ Bailii ] Â Elliott v Peterman Engineering Services Ltd [2001] UKEAT 1040_00_0502 5 Feb 2001 EAT Employment [ Bailii ] Â St Helens and Knowsley Hospitals NHS Trust v Mccully [2001] UKEAT 888_99_0502 5 Feb 2001 EAT Employment [ Bailii ] Â Ece v Newham and Another [2001] UKEAT 1035_00_0502 5 Feb 2001 EAT Employment [ Bailii ] Â Wildgoose, Y M Sanderson, S W O'Hanrahan, L Oxby v Rampton Hospital Authority [2001] UKEAT 977_00_0602 6 Feb 2001 EAT Employment [ Bailii ] Â H J Banks and Company Ltd v Skeen [2001] UKEAT 1003_00_0602 6 Feb 2001 EAT Employment [ Bailii ] Â Etherington and Another v Oldroyd Publishing Group Ltd [2001] UKEAT 154_01_0602 6 Feb 2001 EAT Employment [ Bailii ] Â Adebayo-Orebote v Sureway Parking Services Ltd [2001] UKEAT 1242_00_0602 6 Feb 2001 EAT Employment [ Bailii ] Â Holmes and others v Cricklade College [2001] UKEAT 971_00_0602 6 Feb 2001 EAT Employment [ Bailii ] Â Marley v Securicor Cash Services Ltd [2001] UKEAT 1045_00_0702 7 Feb 2001 EAT Employment 1 Cites 1 Citers [ Bailii ] Â Lex-E-Mode Ltd v Chandehoke [2001] UKEAT 630_00_0702 7 Feb 2001 EAT Employment [ Bailii ] Â Tetley Gb Ltd v Ghatahorde [2001] UKEAT 1474_99_0702 7 Feb 2001 EAT Employment [ Bailii ] Â Brown v Carlton Hotel [2001] UKEAT 155_01_0702 7 Feb 2001 EAT Employment [ Bailii ] Â Conlon v ABN Amro Management Services [2001] UKEAT 156_01_0702 7 Feb 2001 EAT Employment [ Bailii ] Â Soormally v Dept of Social Security [2001] UKEAT 1085_00_0702 7 Feb 2001 EAT Employment [ Bailii ] Â Tetley Gb Ltd v Simbat Ghatahorde EAT/1474/99 7 Feb 2001 EAT The Honourable Mr Justice Lindsay (President) Employment EAT Contract of Employment - Breach of Contract. [ EATn ] Â Da Silva v Walls and Another [2001] UKEAT 703_00_0702 7 Feb 2001 EAT Employment [ Bailii ] Â Rolls Royce Plc (T/A Mitchell Bearings) v Stanley Codling [2001] UKEAT 926_00_0702 7 Feb 2001 EAT Employment [ Bailii ] Â Okon v Initial City Link Ltd [2001] UKEAT 1083_00_0702 7 Feb 2001 EAT Employment [ Bailii ] Â Gould v Haileybury & [2001] UKEAT 635_00_0702 7 Feb 2001 EAT Employment [ Bailii ] Â Tetley Gb Ltd v Simbat Ghatahorde EAT/1474/99 7 Feb 2001 EAT The Honourable Mr Justice Lindsay (President) Employment EAT Contract of Employment - Breach of Contract Â Uruakpa v Meat Hygiene Service [2001] UKEAT 45_2001_0702 7 Feb 2001 EAT Employment [ Bailii ] Â Security Surveyors Group Plc v Hustwick [2001] UKEAT 1358_99_0802 8 Feb 2001 EAT Employment [ Bailii ] Â Ako v Rothschild Asset Management Ltd, Boston Safe Deposit and Trust Company EAT/103/00; [2001] UKEAT 103_00_0802 8 Feb 2001 EAT The Honourable Mr Justice Lindsay (President) Employment EAT Procedural Issues - Employment Tribunal 1 Cites 1 Citers [ Bailii ] Â Brown v Avonline Ltd [2001] UKEAT 1047_00_0802 8 Feb 2001 EAT Employment [ Bailii ] Â O'Neill v Wesson [2001] UKEAT 1140_00_0802 8 Feb 2001 EAT Employment [ Bailii ] Â Shaw v Gearhouse Ltd (Formerly Onview Presentation Services Ltd) and others [2001] UKEAT 1119_00_0802 8 Feb 2001 EAT Employment [ Bailii ] Â Lloyd-Harris v Leicester City Council [2001] UKEAT 726_00_0802 8 Feb 2001 EAT Employment [ Bailii ] Â Smith v Mice Technical Graphics Ltd [2001] UKEAT 1172_00_0802 8 Feb 2001 EAT Employment [ Bailii ] Â Bass Taverns Ltd (T/A Bass Leisure Retail) v Hughes [2001] UKEAT 1312_00_0802 8 Feb 2001 EAT Employment [ Bailii ] Â Southwark v Afolabi [2001] UKEAT 1024_00_0802 8 Feb 2001 EAT Employment [ Bailii ] Â Â Preston and Others v Wolverhampton Healthcare NHS Trust and Others, Fletcher and Others v Midland Bank Plc (No 2); HL 8-Feb-2001 - Gazette, 08 March 2001; Times, 09 February 2001; [2001] UKHL 5; [2001] 2 WLR 448; [2001] ICR 217; [2001] Emp LR 256; [2001] 3 All ER 947; [2001] 2 AC 455; [2001] IRLR 237; [2001] Pens LR 39; [2001] OPLR 1; [2001] 1 CMLR 46 Â A Gill and others v Tulip International (Uk) Cooked Meats Division Ltd [2001] UKEAT 114_00_0802 8 Feb 2001 EAT Employment [ Bailii ] Â Ms K Ako v Rothschild Asset Management Ltd, Boston Safe Deposit and Trust Company EAT/103/00 8 Feb 2001 EAT The Honourable Mr Justice Lindsay (President) Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â Dunlop Equipment Ltd v Hammond and Another [2001] UKEAT 1151_00_0802 8 Feb 2001 EAT Employment [ Bailii ] Â Wilding v Russell [2001] UKEAT 1091_00_0802 8 Feb 2001 EAT Employment 1 Cites 1 Citers [ Bailii ] Â Gathirwa v Sheridan (T/A Sheridan Dental Practice) [2001] UKEAT 946_00_0802 8 Feb 2001 EAT Employment [ Bailii ] Â Johnson v Scottish and Newcastle Plc [2001] UKEAT 1028_00_0902 9 Feb 2001 EAT Employment [ Bailii ] Â Rossiter v Pendragon Plc EAT/243/00; [2001] UKEAT 243_00_0902 9 Feb 2001 EAT His Honour Judge A Wilkie QC Employment The claimant appealed a finding that he had not been constructively dismissed on a transfer of the undertaking in which he was employed. 1 Citers [ Bailii ] - [ EATn ] Â Mungur v Harrow and Another [2001] UKEAT 828_00_0902 9 Feb 2001 EAT Employment [ Bailii ] Â Fitzgerald v Ecovert South Ltd [2001] UKEAT 1043_00_0902 9 Feb 2001 EAT Employment [ Bailii ] Â Orford v Rasmi Electronics Ltd [2001] UKEAT 1113_00_0902 9 Feb 2001 EAT Employment [ Bailii ] Â Lewisham v Henry [2001] UKEAT 153_00_0902 9 Feb 2001 EAT Employment [ Bailii ] Â Scarves United Ltd v Postlethwaite [2001] UKEAT 1046_00_0902 9 Feb 2001 EAT Employment [ Bailii ] Â Willie v Companies House [2001] UKEAT 652_00_0902 9 Feb 2001 EAT Employment [ Bailii ] Â Setchell v Garden Isle Frozen Foods [2001] UKEAT 1079_00_0902 9 Feb 2001 EAT Employment [ Bailii ] Â Tucker v Rai (T/A Rushcliffe Care) [2001] UKEAT 1013_00_0902 9 Feb 2001 EAT Employment [ Bailii ] Â Home Office v Butt [2001] UKEAT 1169_00_1202 12 Feb 2001 EAT Employment [ Bailii ] Â J Parker v Sfe Ltd EAT/30/00 12 Feb 2001 EAT Mr Commissioner Howell Qc Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â Malik and Another v Clarke (T/A Nims News) [2001] UKEAT 1209_00_1202 12 Feb 2001 EAT Employment [ Bailii ] Â British Broadcasting Corporation and others v Sandhu [2001] UKEAT 0758_00_1202 12 Feb 2001 EAT Employment [ Bailii ] Â J Parker v SFE Ltd EAT/30/00 12 Feb 2001 EAT Mr Commissioner Howell QC Employment EAT Unfair Dismissal - Reason for Dismissal Â Walker v Spencer (T/A Kingsdown Printing) [2001] UKEAT 1203_00_1202 12 Feb 2001 EAT Employment [ Bailii ] Â Parker v Sfe Ltd [2001] UKEAT 30_00_1202 12 Feb 2001 EAT Employment [ Bailii ] Â Miller v Barnardos [2001] UKEAT 1076_00_1402 14 Feb 2001 EAT Employment [ Bailii ] Â Hattley v Chelmsford Star Co-Operative Society Ltd [2001] UKEAT 1200_00_1402 14 Feb 2001 EAT Employment [ Bailii ] Â Â Bowie v Transport and General Workers Union; EAT 14-Feb-2001 - [2001] UKEAT 1117_00_1402 Â Islam v London Pensions Fund Authority [2001] UKEAT 929_00_1402 14 Feb 2001 EAT Employment [ Bailii ] Â Jangra v Gate Gourmet London Ltd [2001] EWCA Civ 256 15 Feb 2001 CA Mummery LJ Employment [ Bailii ] Â Ms A Mcdonald v London Borough of Ealing EAT/406/99 16 Feb 2001 EAT The Honourable Mr Justice Charles Employment EAT Procedural Issues - Employment Appeal Tribunal. [ EATn ] Â Tuhill (T/A Rite Price Sound and Vision) v Booth [2001] UKEAT 1188_00_1602 16 Feb 2001 EAT Employment [ Bailii ] Â A Mcdonald v London Borough of Ealing EAT/406/99 16 Feb 2001 EAT The Honourable Mr Justice Charles Employment EAT Procedural Issues - Employment Appeal Tribunal Â R Baghri v Unisex Hair and Beauty Salon Appeal No. EAT/124/00 16 Feb 2001 EAT Mr Commissioner Howell Qc Employment EAT Unfair Dismissal - Compensation. [ EATn ] Â Mcdonald v London Borough of Ealing [2001] UKEAT 406_99_1602 16 Feb 2001 EAT Employment [ Bailii ] Â Stevens, R S Webb, T E Brand, A C Bromwich and Ors v G Bell, M Palmer, British Airways Plc, K M R Post [2001] EWHC Ch 13 16 Feb 2001 ChD Employment Construction of company pension scheme. [ Bailii ] Â London Underground Ltd and Others v National Union of Rail, Maritime and Transport Worker Times, 07 March 2001; [2001] EWCA Civ 211; [2001] IRLR 228; [2001] ICR 647 16 Feb 2001 CA Lord Justice Aldous, Lord Justice Robert Walker, And Lord Justice Dyson Employment When a union gave notice to the employer that it intended to hold a ballot as to industrial action, the union was obliged to give details of the members to be balloted, so as to permit the employer to exercise its own rights. 'Information as to the number, category or workplace of the employees' concerned did not include lists of names, but did include numbers in particular grades, and at particular work places so far as the union had that information. The complainant company had obtained emergency relief preventing the respondent trade union from calling strike action on the basis of their having failed properly to provide to the employers details of their members. The union sought leave to appeal, saying it had provided the information it had. Held: The union had the ability to contact its members. It had the ability to tell the employer who they were, and had failed to do so. The clear legislative purpose was to enable an employer to know which part or parts of its workforce were being invited to take industrial action. The leave to appeal was granted, but the appeal refused. Trade Union and Labour Relations (Consolidation) Act 1992 226A(3A) 226A(3B) 1 Cites 1 Citers [ Bailii ] Â R Baghri v Unisex Hair and Beauty Salon EAT/124/00; [2001] UKEAT 124_00_1602 16 Feb 2001 EAT Mr Commissioner Howell QC Employment EAT Unfair Dismissal - Compensation [ Bailii ] Â Baker v Bailey and Another [2001] UKEAT 1304_01_1802 18 Feb 2001 EAT Employment [ Bailii ] Â Her Majesty's Attorney General v C P England EAT/367/00 19 Feb 2001 EAT The Honourable Mr Justice Lindsay (President) Employment EAT Procedural Issues - Employment Appeal Tribunal. [ EATn ] Â Fadipe v Reed Nursing Personnel [2001] EWCA Civ 251 19 Feb 2001 CA Employment Failure to give proper reference for former employee.. 1 Cites 1 Citers [ Bailii ] Â Gibson v British Gas Energy Centres Ltd [2001] UKEAT 668_98_1902 19 Feb 2001 EAT Employment [ Bailii ] Â George T Stoddart, Kathleen Stoddart v Cawder Golf Club EAT/87300 19 Feb 2001 EAT The Honourable Lord Johnston Employment EAT Contract of Employment - Definition of Employee Â Attorney General v England [2001] UKEAT 367_00_1902 19 Feb 2001 EAT Employment [ Bailii ] Â Her Majesty's Attorney General v C P England EAT/367/00 19 Feb 2001 EAT The Honourable Mr Justice Lindsay (President) Employment EAT Procedural Issues - Employment Appeal Tribunal Â Davies v Alexon International [2001] UKEAT 0841_00_1902 19 Feb 2001 EAT Employment [ Bailii ] Â Stoddart v Cawder Golf Club EAT/873/00 19 Feb 2001 EAT The Honourable Lord Johnston Employment EAT Jurisdiction - (no sub-topic). [ EATn ] Â Webb ((T/A Mews Estate Agents) v Holdham [2001] UKEAT 1335_00_1902 19 Feb 2001 EAT Employment [ Bailii ] Â MSF v Refuge Assurance Plc and Another [2001] UKEAT 1371_99_1902; [2002] ICR 1365; [2002] IRLR 324; [2002] 2 CMLR 27; [2002] Emp LR 767 19 Feb 2001 EAT Lindsay J P Employment The Union complained of inadequate consultation by the company on its making redundancies, and now appealed form a decision that the section had not been breached. Trade Union and Labour Relations (Consolidation) Act 1996 188 1 Citers [ Bailii ] Â Thompson v Engineering and Welding Supplies Ltd [2001] UKEAT 1176_00_1902 19 Feb 2001 EAT Employment [ Bailii ] Â Warwick Park School and Another v Hazlehurst and Another [2001] UKEAT 540_99_1902 19 Feb 2001 EAT Employment [ Bailii ] Â Chima v Westinghouse Signals Ltd [2001] UKEAT 1106_00_1902 19 Feb 2001 EAT Employment [ Bailii ] Â Commissioner of Police of the Metropolis v Harley [2001] UKEAT 518_00_1902; EAT/518/00 19 Feb 2001 EAT Charles J Employment, Discrimination Appeal against a finding that a claim of disability discrimination was in time. Disability Discrimination Act 1995 1 Citers [ Bailii ] - [ EAT ] Â Smith v Sabre Cleaning Services Ltd and Another [2001] UKEAT 1190_00_1902 19 Feb 2001 EAT Employment [ Bailii ] Â British Engines Ltd v Michael Walsh EAT/553/00; EAT/68/00 20 Feb 2001 EAT The Honourable Mr Justice Lindsay (President) Employment EAT Unfair Dismissal - Reason for Dismissal Â Associaction Publications Ltd v Cooper and Another [2001] UKEAT 1227_00_2002 20 Feb 2001 EAT Employment [ Bailii ] Â R M Jenkins v IACR Rothamsted EAT/0621/00 20 Feb 2001 EAT Mr Commissioner Howell QC Employment EAT Contract of Employment - Holiday Pay Â Anthony John Taylor v Dumfries and Galloway Citizens Advice Services EAT/550/00 20 Feb 2001 EAT The Honourable Lord Johnston Employment EAT Procedural Issues - Employment Tribunal 1 Citers [ EATn ] Â Pets at Home Limited v M Crossley EAT/1168/00 20 Feb 2001 EAT Mr Commissioner Howell QC Employment EAT Jurisdiction - Â Clyde Bonding Company Ltd v Stan Clayton EAT/863/00 20 Feb 2001 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Reason for Dismissal Â Pets at Home Ltd v Crossley [2001] UKEAT 1168_00_2002 20 Feb 2001 EAT Employment [ Bailii ] Â R M Jenkins v Iacr Rothamsted EAT/0621/00 20 Feb 2001 EAT Mr Commissioner Howell Qc Employment EAT Contract of Employment - Sick pay and holiday pay. [ EATn ] Â Jenkins v Iacr Rothamsted [2001] UKEAT 0621_00_2002 20 Feb 2001 EAT Employment [ Bailii ] Â Pets at Home Limited v M Crossley EAT/1168/00 20 Feb 2001 EAT Mr Commissioner Howell Qc Employment EAT Jurisdiction - (no sub-topic). [ EATn ] Â British Engines Ltd v Michael Walsh EAT/68/00 & EAT/553/00 20 Feb 2001 EAT The Honourable Mr Justice Lindsay (President) Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â Clyde Bonding Company Ltd v Stan Clayton EAT/863/00 20 Feb 2001 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason [ EATn ] Â Iro v Granby Toxteth Development Trust Ltd [2001] UKEAT 1138_00_2102 21 Feb 2001 EAT Employment [ Bailii ] Â Polygon Corporation v Tregunna [2001] UKEAT 1194_00_2102 21 Feb 2001 EAT Employment 1 Citers [ Bailii ] Â Bonavia v Ministry of Defence and Another [2001] UKEAT 1084_00_2102 21 Feb 2001 EAT Employment [ Bailii ] Â British Engines Ltd v Walsh [2001] UKEAT 68_00_2102 21 Feb 2001 EAT Employment [ Bailii ] Â Skinners Hastings Ltd v Wilkin [2001] UKEAT 1023_00_2102 21 Feb 2001 EAT Employment [ Bailii ] Â Jaja v Amalgamated Engineering and Electrical Union [2001] UKEAT 1029_00_2102 21 Feb 2001 EAT Employment [ Bailii ] Â Sunderalingam v Anchor Trust [2001] UKEAT 869_00_2102 21 Feb 2001 EAT Employment [ Bailii ] Â Webster (T/A Rooflines Direct) v Miller [2001] UKEAT 785_00_2102 21 Feb 2001 EAT Employment [ Bailii ] Â Youri v Tower Hamlets and others [2001] UKEAT 987_00_2102 21 Feb 2001 EAT Employment [ Bailii ] Â L Laurencin v Luton Borough Council EAT/655/99 21 Feb 2001 EAT His Honour Judge J Altman Employment EAT Procedural Issues - Employment Tribunal Â Johnstone v W Wilson and Sons EAT/953/00 21 Feb 2001 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â L Laurencin v Luton Borough Council EAT/655/99 21 Feb 2001 EAT His Honour Judge J Altman Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â Fife Council v McPhee EAT/750/00 21 Feb 2001 EAT The Honourable Lord Johnston Employment, Discrimination EAT The council appealed against a finding of unfair dismissal and disability discrimination, subject to a deduction of 50% for the claimant's contribution. He had been found to have breached a council policy for social workers handling client money. The tribunal found that had it made adequate adjustments, the claimant would have been better able to comply with the policy. Held: The tribunal had applied sections of the 1995 Act not in force at the time of the events, and the decision could not stand, and the case could olny be remitted to the tribunal. Had the legislation been in place it would have stood, but the award for discrimination would also have had to be reduced by 50%, and "We would not suggest that in some cases, a finding of contributory fault in relation to a successful claim for unfair dismissal necessarily would bear on a quite separate claim for discrimination whether on race or disability grounds at the instance of the same employee in respect of the same employment. However, where the two are inextricably bound up as in here, inasmuch that it is the employee's conduct that led to dismissal but the employer's failure, it is said, to look after his interests in relation to the Act that rendered the dismissal unfair, it is to be observed at once that these two elements are totally intertwined. Logic therefore dictates that if there is to be a 50% contribution in relation to unfair dismissal, the same must apply in respect of discrimination having regard to the fact that in terms of section 8(3) of the Act, as Counsel pointed out, compensation in disability discrimination cases is to be assessed as a claim for reparation at common law where contributory negligence or contributory fault is a highly relevant element, if applicable." Disability Discrimination Act 1995 1 Citers [ EATn ] Â Heald Nickinson Solicitors v Summers and others [2001] UKEAT 1504_00_2202 22 Feb 2001 EAT Employment 1 Citers [ Bailii ] Â Ayovuare v Greenwich [2001] UKEAT 206_00_2202 22 Feb 2001 EAT Employment [ Bailii ] Â Berhe v Eritrean Community In UK [2001] UKEAT 1144_00_2202 22 Feb 2001 EAT Employment [ Bailii ] Â Mcluskey v Duty and Tax Free World International Ltd (T/A the Duty Free Business) [2001] UKEAT 1369_00_2202 22 Feb 2001 EAT Employment [ Bailii ] Â F D Skidmore v Dartford and Gravesham NHS Trust EAT/1241/99 22 Feb 2001 EAT His Honour Judge J R Reid QC Employment, Health Professions EAT Unfair Dismissal - Reason for dismissal including substantial other reason. 1 Citers [ EATn ] Â D Mcluskey v Duty and Tax Free World International Ltd, T/A the Duty Free Business EAT/1369/00 22 Feb 2001 EAT The Honourable Mr Justice Charles Employment EAT Procedural Issues - Employment Tribunal Â BG Plc v P O'Brien EAT/1063/99; [2001] UKEAT 1063_99_1405; [2001] IRLR 496 22 Feb 2001 EAT Mr Recorder Langstaff QC Employment EAT Contract of Employment - Breach of Contract The employee complained that he had not been offered a revised contract of employment with enhanced redundancy terms, with the result that he did not receive the enhanced payment when he was eventually made redundant. He was the only permanent employee to be excluded from the revised terms of employment. Held: The employer was in breach of the implied term of trust and confidence. The only reason for excluding the complainant from the opportunity of entering into the revised contract of employment was the fact that the employer did not realise that he was a permanent employee. If this had been appreciated, he would have been offered the same enhanced terms as his colleagues. The employer’s mistake was not a reasonable and proper cause for singling the complainant out for different and less favourable treatment. 1 Cites 1 Citers [ Bailii ] - [ EATn ] Â Allen v Ptr Ltd and others [2001] UKEAT 1192_00_2202 22 Feb 2001 EAT Employment [ Bailii ] Â D Mcluskey v Duty and Tax Free World International Ltd, T/A the Duty Free Business EAT/1369/00 22 Feb 2001 EAT The Honourable Mr Justice Charles Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â John William Morrice v the Post Office T/A Royal Mail EAT/895/00 22 Feb 2001 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Reason for Dismissal Â John William Morrice v the Post Officet/A Royal Mail EAT/895/00 22 Feb 2001 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â Genzyme Ltd v Mulley [2001] UKEAT 1170_00_2202 22 Feb 2001 EAT Employment [ Bailii ] Â R Lynch and others v London Transport General Services Ltd EAT/1114/99 23 Feb 2001 EAT The Honourable Mr Justice Lindsay (President) Employment EAT Transfer of Undertakings - Dismissal. [ EATn ] Â Paphitis v British Telecommunications Plc [2001] UKEAT 1133_00_2302 23 Feb 2001 EAT Employment [ Bailii ] Â Panasonic Industrial Europe Ltd v Purdom [2001] UKEAT 1166_00_2302 23 Feb 2001 EAT Employment [ Bailii ] Â Panasonic Industrial Europe Ltd v B J Purdom EAT/1166/00 23 Feb 2001 EAT The Honourable Mr Justice Charles Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â Stubbings v Ministry of Defence [2001] UKEAT 1420_99_2302 23 Feb 2001 EAT Employment 1 Cites [ Bailii ] Â R Lynch and others v London Transport General Services Ltd EAT/1114/99 23 Feb 2001 EAT The Honourable Mr Justice Lindsay (President) Employment EAT Transfer of Undertakings - Dismissal Â Martinez v Fwa West Ltd [2001] UKEAT 1132_00_2302 23 Feb 2001 EAT Employment [ Bailii ] Â Lynch and others v London Transport General Services Ltd [2001] UKEAT 1114_99_2302 23 Feb 2001 EAT Employment [ Bailii ] Â James v Meteorological Office [2001] UKEAT 1350_00_2302 23 Feb 2001 EAT Employment [ Bailii ] Â Willis v Mars Confectionary [2001] UKEAT 0439_97_2602 26 Feb 2001 EAT Employment [ Bailii ] Â Cooper Lovegrove and Associates Ltd v Lankester [2001] UKEAT 228_01_2602 26 Feb 2001 EAT Employment [ Bailii ] Â Apelogun-Gabriels v Lambeth and others [2001] UKEAT 1478_00_2602; [2001] UKEAT 1397_00_2602; EAT/1397/00 26 Feb 2001 EAT The Honourable Mr Justice Lindsay (President) Employment EAT Procedural Issues - Employment Tribunal. 1 Cites [ Bailii ] - [ Bailii ] - [ EATn ] Â Egbuna v Imperial College of Science Technology and Medicine [2001] UKEAT 1308_00_2602 26 Feb 2001 EAT Employment [ Bailii ] Â Oyewole v Capital Citybus Ltd [2001] UKEAT 0852_00_2602 26 Feb 2001 EAT Employment [ Bailii ] Â G Cowell and L Cowell T/A the Stables v G Williams Respondent EAT/0904/97; [2001] UKEAT 0904_97_2802 27 Feb 2001 EAT The Honourable Mr Justice Lindsay (President) Employment EAT Unfair Dismissal - Reason for Dismissal 1 Cites [ Bailii ] Â Curling and others v Securicor Ltd and Another [2001] EWCA Civ 358 27 Feb 2001 CA Employment [ Bailii ] Â London Underground Limited v Praful Shah EAT/0140/00 27 Feb 2001 EAT The Honourable Mr Justice Lindsay (President) Employment EAT Unfair Dismissal - Contributory Fault Â G Cowell and L Cowell T/A the Stables v G Williamsrespondent EAT/0904/97 27 Feb 2001 EAT The Honourable Mr Justice Lindsay (President) Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â London Underground Ltd v Shah [2001] UKEAT 0140_00_2702 27 Feb 2001 EAT Employment [ Bailii ] Â Legend Hair and Beauty v Mutchell [2001] UKEAT 0744_00_2702 27 Feb 2001 EAT Employment [ Bailii ] Â Cootes v John Lewis Plc [2001] UKEAT 1414_00_2702 27 Feb 2001 EAT Employment [ Bailii ] Â Whitbread Plc (Trading As Whitbread Medway Inns) v Hall Times, 15 March 2001; Gazette, 20 April 2001; [2001] EWCA Civ 268; [2001] ICR 699; [2001] Emp LR 394; [2001] IRLR 275 27 Feb 2001 CA Mantell LJ, Hale LJ Employment The employer appealed against a finding of unfair dismissal. Held: In deciding whether the applicant had been unfairly dismissed for misconduct, the tribunal was free to consider whether the procedure adopted by the employer was reasonable, even where the applicant had admitted the misconduct. The band of reasonable responses test should be applied equally to both limbs of the test of the employers approach, substantial and procedural. Employment Rights Act 1996 98(4) 1 Cites 1 Citers [ Bailii ] Â London Underground Limited v Praful Shah EAT/0140/00 27 Feb 2001 EAT The Honourable Mr Justice Lindsay (President) Employment EAT Unfair Dismissal - Contributory fault. [ EATn ] Â Qureshi v Camden [2001] UKEAT 1173_00_2802 28 Feb 2001 EAT Employment [ Bailii ] Â Johnson v Nissan Motor Manufacturing (Uk) Ltd [2001] UKEAT 0763_00_2802 28 Feb 2001 EAT Employment [ Bailii ] Â Heyes v Lord Chancellor's Department [2001] UKEAT 0960_00_2802 28 Feb 2001 EAT Employment [ Bailii ] Â Venndale Ltd v Twist and others [2001] UKEAT 753_00_2802 28 Feb 2001 EAT Employment [ Bailii ] Â Donatantonio Plc v Peyser [2001] UKEAT 217_01_2802 28 Feb 2001 EAT Employment [ Bailii ] Â Gill v Whitbreads Plc [2001] UKEAT 1444_99_2802 28 Feb 2001 EAT Employment [ Bailii ] Â Chester City Football Club Ltd v Wingrove [2001] UKEAT 0464_00_2802 28 Feb 2001 EAT Slade QC Employment 1 Citers [ Bailii ] Â v Gill v Hitbreads Plc EAT/1444/99 28 Feb 2001 EAT His Honour Judge D Pugsley Employment EAT Jurisdiction - (no sub-topic). [ EATn ] Â V Gill v Hitbreads Plc EAT/1444/99 28 Feb 2001 EAT His Honour Judge D Pugsley Employment EAT Jurisdiction - Â University of Southampton and others v Maghsoodi and Another [2001] UKEAT 240_01_0103 1 Mar 2001 EAT Employment 1 Cites [ Bailii ] Â Fox v Willis Howells Financial Services, Gibbs Dentley, Secretary of State for Trade and Industry EAT/1399/99 & EAT/53/00 1 Mar 2001 EAT The Honourable Mr Justice Hooper Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â Greenaway v Nottinghamshire Fire and Rescue Service [2001] UKEAT 0761_00_0103 1 Mar 2001 EAT Employment [ Bailii ] Â Rhoden-Burke v Lambeth and Another [2001] UKEAT 1060_00_0103 1 Mar 2001 EAT Employment, Discrimination The claimant had taken maternity leave under which she had been entitled to return up to five years later. The Council transferred its workforce to Capita, and she now said that the Council and Capita had failed to comply with the contractual and statutory obligations. Employment Rights Act 1996 [ Bailii ] Â Fox v Willis Howells Financial Services, Gibbs Dentley, Secretary of State for Trade and Industry EAT/53/00; EAT/1399/99 1 Mar 2001 EAT The Honourable Mr Justice Hooper Employment EAT Procedural Issues - Employment Tribunal Â Rowden v Dutton Gregory Solicitors [2001] UKEAT 1116_00_0103 1 Mar 2001 EAT Employment, Discrimination Disability Discrimination - Disability. 1 Citers [ Bailii ] Â Bcp Field Marketing v Matley [2001] UKEAT 0808_00_0103 1 Mar 2001 EAT Employment [ Bailii ] Â Maghsoodi v University of Southampton and Another [2001] UKEAT 92_01_0103 1 Mar 2001 EAT Employment 1 Citers [ Bailii ] Â Fox v Willis Howells Financial Services and others [2001] UKEAT 1399_99_0103 1 Mar 2001 EAT Employment [ Bailii ] Â Â Bank of Credit and Commerce International SA v Ali, Khan and others (No 1); BCCI v Ali; HL 1-Mar-2001 - Times, 06 March 2001; Gazette, 12 April 2001; [2001] UKHL 8; [2001] 1 All ER 961; [2001] 2 WLR 735; [2002] 1 AC 251; [2001] ICR 337; [2001] IRLR 292; [2001] Emp LR 359 Â W J Davies v Vosper Thorneycroft (Uk) Ltd EAT/197/00 2 Mar 2001 EAT The Honourable Mr Justice Hooper Employment EAT Procedural Issues - Employment Appeal Tribunal. [ EATn ] Â W J Davies v Vosper Thorneycroft (Uk) Ltd EAT/197/00; [2001] UKEAT 197_00_0203 2 Mar 2001 EAT The Honourable Mr Justice Hooper Employment EAT Procedural Issues - Employment Appeal Tribunal [ Bailii ] Â Gibbs v W H Smith [2001] UKEAT 1163_00_0203 2 Mar 2001 EAT Employment [ Bailii ] Â Ice Hockey Super League Ltd v Henry [2001] UKEAT 1167_99_0203 2 Mar 2001 EAT Employment [ Bailii ] Â Goldman v Enfield and Haringey Health Authority [2001] UKEAT 1066_00_0503 5 Mar 2001 EAT Employment [ Bailii ] Â Lardier v British Gas Research and Technology Plc [2001] UKEAT 821_00_0503 5 Mar 2001 EAT Employment 1 Cites 1 Citers [ Bailii ] Â Collins v Standard Chartered Bank Ltd [2001] UKEAT 1249_00_0503 5 Mar 2001 EAT Employment [ Bailii ] Â Connex South Central Ltd v D Green EAT/1221/99 5 Mar 2001 EAT The Honourable Mr Justice Charles Employment EAT Unfair Dismissal - Contributory fault. [ EATn ] Â Connex South Central Ltd v D Green EAT/1221/99 5 Mar 2001 EAT The Honourable Mr Justice Charles Employment EAT Unfair Dismissal - Contributory Fault Â Connex South Central Ltd v Green [2001] UKEAT 1221_99_0503 5 Mar 2001 EAT Employment [ Bailii ] Â Hintzen-Herbert v Pimlico School and Another [2001] UKEAT 667_00_0503 5 Mar 2001 EAT Employment [ Bailii ] Â May v T and S Stores Plc [2001] UKEAT 0804_00_0503 5 Mar 2001 EAT Employment [ Bailii ] Â Vivers Restaurant Ltd v Dauz and Another [2001] UKEAT 1019_00_0503 5 Mar 2001 EAT Employment [ Bailii ] Â Halliday v Archdiocese of Southwark EAT/146/00; [2001] UKEAT 146_00_0503 5 Mar 2001 EAT His Honour Judge Peter Clark Employment EAT Unfair Dismissal - Procedural Fairness 1 Cites 1 Citers [ Bailii ] Â Asda Stores Ltd v Malyn [2001] UKEAT 0066_00_0603 6 Mar 2001 EAT Employment 1 Cites [ Bailii ] Â Louise Charlotte Catt v and Kaschewski T/A Porters Wine Bar EAT/170/00 6 Mar 2001 EAT Miss Recorder Elizabeth Slade QC Employment EAT Unfair Dismissal - Reason for Dismissal Â Hufton and Another (T/A the Jolly Sailor) v Daibell [2001] UKEAT 238_01_0603 6 Mar 2001 EAT Employment [ Bailii ] Â Louise Charlotte Catt v and Kaschewski T/A Porters Wine Bar EAT/170/00 6 Mar 2001 EAT Miss Recorder Elizabeth Slade Qc Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â Catt v and Kaschewski (T/A Porters Wine Bar) [2001] UKEAT 170_00_0603 6 Mar 2001 EAT Employment [ Bailii ] Â Barrenechea v Black [2001] UKEAT 1210_00_0703 7 Mar 2001 EAT Employment [ Bailii ] Â Broad v London Borough of Richmond Upon Thames [2001] UKEAT 0122_01_0703 7 Mar 2001 EAT Employment [ Bailii ] Â Michael Ashley T/A Crusader Medical Care v Susan Pamela Hatherley EAT/0273/00 7 Mar 2001 EAT The Honourable Mr Justice Lindsay (President) Employment EAT Unfair Dismissal - Constructive Dismissal Â Mahmood v D R Barker T/A Derby Transit Ltd EAT/224/00; [2001] UKEAT 224_00_0703 7 Mar 2001 EAT Mr Recorder Burke QC Employment EAT Contract of Employment - Breach of Contract [ Bailii ] Â Clarke v Swale [2001] UKEAT 1212_00_0703 7 Mar 2001 EAT Employment [ Bailii ] Â Latchman v Reed Business Information Ltd [2001] UKEAT 1303_00_0703 7 Mar 2001 EAT Employment, Discrimination Disability Discrimination Act 1995 1 Citers [ Bailii ] Â Robertson Partnership v Whitfield [2001] UKEAT 1059_00_0703 7 Mar 2001 EAT Employment [ Bailii ] Â Ashley (T/A Crusader Medical Care) v Hatherley [2001] UKEAT 0273_00_0703 7 Mar 2001 EAT Employment [ Bailii ] Â Addison Engineering Support Services v Charnley [2001] UKEAT 1155_00_0703 7 Mar 2001 EAT Employment [ Bailii ] Â Mills v Johnson [2001] UKEAT 1107_00_0703 7 Mar 2001 EAT Employment [ Bailii ] Â Ojinnaka v Sheffield College [2001] UKEAT 0201_00_0703 7 Mar 2001 EAT Employment [ Bailii ] Â Michael Ashley T/A Crusader Medical Care v Susan Pamela Hatherley EAT/0273/00 7 Mar 2001 EAT The Honourable Mr Justice Lindsay (President) Employment EAT Unfair Dismissal - Constructive dismissal. [ EATn ] Â Mahmood v D R Barker T/A Derby Transit Ltd EAT/224/00 7 Mar 2001 EAT Mr Recorder Burke Qc Employment EAT Contract of Employment - Breach of Contract. [ EATn ] Â Augusta Holiday Flats Ltd v Jones [2001] UKEAT 1065_00_0703 7 Mar 2001 EAT Employment [ Bailii ] Â D L Roach v Apcoa Parking (Uk) Ltd EAT/719/00 8 Mar 2001 EAT The Honourable Mr Justice Lindsay (President) Employment EAT Procedural Issues - Employment Tribunal Â Tyagi v BBC World Service [2001] EWCA Civ 549 8 Mar 2001 CA Employment, Discrimination 1 Cites [ Bailii ] Â Roach v Apcoa Parking (Uk) Ltd [2001] UKEAT 719_00_0803 8 Mar 2001 EAT Employment [ Bailii ] Â Krupp Camford Pressings Ltd v Williams [2001] UKEAT 1452_00_0803 8 Mar 2001 EAT Employment [ Bailii ] Â Panesar v Consignia Plc [2001] UKEAT 1251_00_0803 8 Mar 2001 EAT Employment 1 Citers [ Bailii ] Â D L Roach v Apcoa Parking (Uk) Ltd EAT/719/00 8 Mar 2001 EAT The Honourable Mr Justice Lindsay (President) Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â Pitchford v Mid Suffolk District Council [2001] UKEAT 221_01_0803 8 Mar 2001 EAT Employment [ Bailii ] Â Â Montgomery v Johnson Underwood Ltd; CA 9-Mar-2001 - Times, 16 March 2001; Gazette, 17 May 2001; [2001] EWCA Civ 318; [2001] ICR 819; [2001] IRLR 269; [2001] Emp LR 405 Â S Wandou v London Borough of Hackney EAT/1166/99 9 Mar 2001 EAT The Honourable Mr Justice Hooper Employment EAT Procedural Issues - Employment Tribunal Â Watts v Young [2001] UKEAT 1412_00_0903 9 Mar 2001 EAT Employment [ Bailii ] Â Wandou v Hackney [2001] UKEAT 1166_99_0903 9 Mar 2001 EAT Employment [ Bailii ] Â Coxon v Rank Xerox (Uk) Ltd and others [2001] UKEAT 294_00_0903 9 Mar 2001 EAT Employment 1 Citers [ Bailii ] Â Chakravarti v Rapat Freight Ltd [2001] EWCA Civ 394 9 Mar 2001 CA Chadwick LJ Employment, Litigation Practice Renewed application for permission to appeal. [ Bailii ] Â Menjor v Harrison Card Ltd [2001] UKEAT 1217_00_0903 9 Mar 2001 EAT Employment [ Bailii ] Â S Wandou v London Borough of Hackney EAT/1166/99 9 Mar 2001 EAT The Honourable Mr Justice Hooper Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â Springfield China Ltd v O'Reilly and Another [2001] UKEAT 1127_00_0903 9 Mar 2001 EAT Employment [ Bailii ] Â Fowler v Dudley College of Technology [2001] UKEAT 406_00_1203 12 Mar 2001 EAT Employment [ Bailii ] Â Credit Suisse First Boston (Europe) Ltd and others v Karam [2001] UKEAT 289_01_1203 12 Mar 2001 EAT Employment 1 Cites 1 Citers [ Bailii ] Â P March v the Pig Pub Company Ltd EAT/213/00 12 Mar 2001 EAT Mr Recorder Langstaff Qc Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â Binning v Brookfield Aviation International Ltd [2001] UKEAT 1214_00_1203 12 Mar 2001 EAT Employment [ Bailii ] Â Castle View Services Limited v A Apps and others EAT/290/01; [2001] UKEAT 290_01_1203 12 Mar 2001 EAT The Honourable Mr Justice Hooper Employment EAT Procedural Issues - Employment Tribunal [ Bailii ] - [ EATn ] Â Moseley v Service Direct (Uk) Plc [2001] UKEAT 1157_00_1203 12 Mar 2001 EAT Employment [ Bailii ] Â Kyte v London Fire and Civil Defence Authority [2001] UKEAT 1239_00_1203 12 Mar 2001 EAT Employment [ Bailii ] Â Johnson and Johnson Medical Ltd v Filmer [2001] UKEAT 1087_00_1203 12 Mar 2001 EAT Employment 1 Citers [ Bailii ] Â P March v the Pig Pub Company Ltd EAT/213/00 12 Mar 2001 EAT Mr Recorder Langstaff QC Employment EAT Procedural Issues - Employment Tribunal Â Holmes v Roberts Logistics Ltd [2001] UKEAT 299_01_1203 12 Mar 2001 EAT Employment [ Bailii ] Â Osborne v Field Menswear Ltd [2001] UKEAT 296_01_1203 12 Mar 2001 EAT Employment [ Bailii ] Â Pendragon Plc T/A Grantham Ford v Bryant EAT/1098/00; [2001] UKEAT 1098_00_1203 12 Mar 2001 EAT Miss Recorder Slade QC Employment EAT Unlawful Deduction from Wages - EAT Unlawful Deduction from Wages - (no sub-topic). 1 Cites [ Bailii ] - [ EAT ] Â Wells v North East Lincolnshire Council [2001] UKEAT 839_00_1203 12 Mar 2001 EAT Employment [ Bailii ] Â I Baker, A Burton v Welwyn Hatfield District Council, Welwyn Hatfield District Council EAT/1050/99, EAT/1054/99 14 Mar 2001 EAT The Honourable Mr Justice Charles Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â Onwuemene v Nigerian High Commission [2001] UKEAT 13_01_1403 14 Mar 2001 EAT Employment [ Bailii ] Â Lock v Sefton Support Services Ltd [2001] UKEAT 1401_00_1403 14 Mar 2001 EAT Employment [ Bailii ] Â B Saka v Fitzroy Robinson Ltd EAT/0241/00 14 Mar 2001 EAT Mr Recorder Burke Qc Employment EAT Procedural Issues - Employment Tribunal [ EATn ] Â Laniyan v Hackney [2001] UKEAT 1123_00_1403 14 Mar 2001 EAT Employment [ Bailii ] Â Saka v Fitzroy Robinson Ltd [2001] UKEAT 0241_00_1403 14 Mar 2001 EAT Employment [ Bailii ] Â Interlink Express Parcels Ltd v Night Trunkers Ltd and Another Times, 22 March 2001; Gazette, 17 May 2001; [2001] EWCA Civ 360 14 Mar 2001 CA Road Traffic, Transport, Employment Where the issue was whether a temporary worker was to be deemed to be an employee (in this case for licensing purposes) of the main contractor, the proper test was the degree of control exercised by the deemed employer. The purpose of the section was to ensure that responsibility for the operation of a vehicle was known. This was a context of tort, rather than of contract. Goods Vehicles (Licensing of Operators) Act 1995 [ Bailii ] Â Onwuemene v Nigerian High Commission [2001] UKEAT 0013_01_1403 14 Mar 2001 EAT Employment [ Bailii ] Â B Saka v Fitzroy Robinson Ltd EAT/241/00 14 Mar 2001 EAT His Hon Judge J Burke Qc Employment EAT Unfair Dismissal - Other [ EATn ] Â Trotman v Tower Hamlets [2001] UKEAT 1213_00_1403 14 Mar 2001 EAT Employment [ Bailii ] Â Masih v Time Computers Ltd and Another [2001] UKEAT 1233_00_1403 14 Mar 2001 EAT Employment 1 Citers [ Bailii ] Â Aviation and Airport Services Ltd v Bellfield and others [2001] UKEAT 194_00_1403 14 Mar 2001 EAT Employment [ Bailii ] Â Bangura v Radisson Edwardian Hotels Ltd [2001] UKEAT 1443_00_1403 14 Mar 2001 EAT Employment [ Bailii ] Â Anthony v Hillcrest School [2001] UKEAT 1193_00_1403 14 Mar 2001 EAT Employment [ Bailii ] Â Mayenin v London Borough of Tower Hamlets [2001] UKEAT 1214_99_1403 14 Mar 2001 EAT Employment [ Bailii ] Â Cocker v Department of Social Security [2001] UKEAT 1243_00_1403 14 Mar 2001 EAT Employment [ Bailii ] Â I Baker, A Burton v Welwyn Hatfield District Council, Welwyn Hatfield District Council EAT/1054/99; EAT/1050/99 14 Mar 2001 EAT The Honourable Mr Justice Charles Employment EAT Unfair Dismissal - Reason for Dismissal Â Fielding v Beckett Financial Services Ltd [2001] UKEAT 304_01_1403 14 Mar 2001 EAT Employment [ Bailii ] Â Fitch v Durlston Court School Trust [2001] UKEAT 1120_00_1403 14 Mar 2001 EAT Employment 1 Cites 1 Citers [ Bailii ] Â B Saka v Fitzroy Robinson Ltd EAT/0241/00 14 Mar 2001 EAT Mr Recorder Burke QC Employment The claimant appealed an award of costs against him in his failed claim of race discrimination. There had been no costs warning, or strike out application, but he failed to attend a hearing on the issue of costs. In making such an order the tribunal was exercising a discretion. The tribunal stated that he had acted in a frivolous or vexatious manner. It was claimed that the tribunal had wrongly taken account of an earlier case brought and lost by the claimant, and the tribunal had not found his case to be hopeless. Given the width of the discretion, however, the claimant had failed to establish an error of sufficient magnitude, and the appeal failed. EAT Procedural Issues - Employment Tribunal 1 Cites Â Cameron v Kurt Mueller (Uk) Ltd [2001] UKEAT 1205_00_1403 14 Mar 2001 EAT Employment [ Bailii ] Â Lana v Positive Action Training In Housing (London) Ltd [2001] UKEAT 245_00_1503 15 Mar 2001 EAT Employment [ Bailii ] Â R Sunley v University of Leicester EAT/1419/99; [2001] UKEAT 1419_99_1503 15 Mar 2001 EAT The Honourable Mr Justice Hooper Employment The applicant had made complaints to the Tribunal of sex discrimination and unfair dismissal. After several short notice adjournments, to the expense of the respondents, the applicant again applied for an adjournment to allow her to obtain legal representation. The Tribunal refused, and she walked out. The tribunal continued in her absence. A direction had already been given that the hearing would not be delayed for failure to complete internal proceedings. Held: to succeed she would have to show that the decision of the Tribunal was perverse. The issues were in law complex since the internal procedures were being delayed to allow for the decision of the tribunal. Nevertheless, the decision of the tribunal was not to be faulted, and the appeal was dismissed. EAT Procedural Issues - Employment Tribunal 1 Cites 1 Citers [ Bailii ] Â MUSA v Abbot Security Ltd [2001] UKEAT 1337_00_1503 15 Mar 2001 EAT Employment [ Bailii ] Â Dearborn v First Manchester Ltd [2001] UKEAT 1393_00_1503 15 Mar 2001 EAT Employment [ Bailii ] Â Mellors v RPS Rainer [2001] UKEAT 760_00_1503 15 Mar 2001 EAT Employment [ Bailii ] Â Ms R Sunley v University of Leicester EAT/1419/99 15 Mar 2001 EAT The Honourable Mr Justice Hooper Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â Langley v Essex Rivers Healthcare NHS Trust [2001] UKEAT 1228_00_1503 15 Mar 2001 EAT Employment [ Bailii ] Â Beedell v West Ferry Printers Ltd Times, 05 April 2001; [2001] EWCA Civ 400; [2001] ICR 962 15 Mar 2001 CA Litigation Practice, Employment It could be correct for an appeal to be dismissed rather than allow an appeal against the grant of leave to appeal. The subject matter was important and highly controversial, even if the law appeared to be clear and the appeal to be hopeless. To revoke the leave to appeal would leave no way of settling the controversy, but to dismiss the appeal would leave open the possibility of an application in turn to the House of Lords for leave to appeal. 1 Citers [ Bailii ] Â Hanson v Pageone Communications Ltd [2001] UKEAT 0540_00_1603 16 Mar 2001 EAT Employment [ Bailii ] Â London Borough of Camden v Pamela Coley EAT/162/00 16 Mar 2001 EAT Mr Recorder Burke Qc Employment EAT Unfair Dismissal - Procedural fairness/automatically unfair dismissal. [ EATn ] Â En'Wezoh v London Forum Hotel Ltd [2001] UKEAT 0764_00_1603 16 Mar 2001 EAT Employment [ Bailii ] Â Dent v Budgens Stores Ltd [2001] UKEAT 1137_00_1603 16 Mar 2001 EAT Employment [ Bailii ] Â London Borough of Camden v Pamela Coley EAT/162/00 16 Mar 2001 EAT Mr Recorder Burke QC Employment EAT Unfair Dismissal - Procedural Fairness Â Haxforth v Hampshire Training and Enterprise Council [2001] UKEAT 1288_00_1603 16 Mar 2001 EAT Employment [ Bailii ] Â Bradbury v Wright (T/A Wrights of Hatfield) [2001] UKEAT 1302_00_1603 16 Mar 2001 EAT Employment [ Bailii ] Â Gould v Governors of Devonshire House [2001] UKEAT 1128_00_1603 16 Mar 2001 EAT Employment [ Bailii ] Â Springall v International School of London [2001] UKEAT 1248_00_1603 16 Mar 2001 EAT Employment [ Bailii ] Â Garrett v Camden London Borough Council [2001] EWCA Civ 395; [2001] All ER (D) 202 16 Mar 2001 CA Simon Brown LJ Personal Injury, Health and Safety, Employment The court considered a claim for work related stress. The claimant asserted that he had been harassed, intimidated and systematically undermined: 'Many, alas, suffer breakdowns and depressive illnesses and a significant proportion could doubtless ascribe some at least some of their problems to the strains and stresses of their work situation: be it simply overworking, the tension of difficult relationships, career prospect worries, fears or feelings of discrimination or harassment, to take some examples. Unless, however, there was a real risk of breakdown which the claimant's employers ought reasonably to have foreseen and they ought properly to have averted there can be no liability.' (Simon Brown LJ) 1 Cites 1 Citers [ Bailii ] Â Camden v Coley [2001] UKEAT 162_00_1603 16 Mar 2001 EAT Employment [ Bailii ] Â Shwky v Heritage Care [2001] UKEAT 1185_00_1903 19 Mar 2001 EAT Employment [ Bailii ] Â Singh v the Post Office [2001] UKEAT 1244_00_1903 19 Mar 2001 EAT Employment [ Bailii ] Â Read Vale Manufacturing Company Ltd v Mccormack and Another [2001] UKEAT 349_00_1903 19 Mar 2001 EAT Employment [ Bailii ] Â Moray v Mc Squared Ltd [2001] UKEAT 0975_00_1903 19 Mar 2001 EAT Employment [ Bailii ] Â Medical Sickness Ltd v Smith [2001] UKEAT 1201_00_1903 19 Mar 2001 EAT Employment [ Bailii ] Â Aston Clark Solicitors v Egemonye [2001] UKEAT 718_00_1903 19 Mar 2001 EAT Employment [ Bailii ] Â Cbc Computers Ltd v Bouaissi [2001] UKEAT 872_00_1903 19 Mar 2001 EAT Employment [ Bailii ] Â Garipis v Vaw Motorcast Ltd [2001] UKEAT 1110_00_1903 19 Mar 2001 EAT Employment [ Bailii ] Â Shah v Lex Transfleet [2001] UKEAT 0807_00_2003 20 Mar 2001 EAT Employment [ Bailii ] Â Homebase Ltd v D B Westoby EAT/855/00 20 Mar 2001 EAT Mr Recorder Langstaff Qc Employment EAT Jurisdiction - (no sub-topic). [ EATn ] Â Westminster City Council v Unison [2001] EWCA Civ 404 20 Mar 2001 CA Employment, Litigation Practice [ Bailii ] Â Walker v John L Brierly Ltd [2001] UKEAT 1081_00_2003 20 Mar 2001 EAT Employment [ Bailii ] Â De Keyser Limited v Wilson EAT/1438/00; [2001] IRLR 324; [2001] UKEAT 1438_00_2003 20 Mar 2001 EAT The Honourable Mr Justice Lindsay (President) Employment, Human Rights The claimant appealed against an order striking out her claim. Held: The right to respect for private life is qualified by the right for both parties to have a just trial of the issues between them; and it has to be borne in mind that it was the claimant who invoked the right to such a trial by bringing the claim. Lindsay J discussed the calling of expert evidence in an Employment Tribnal claim: "Careful thought needs to be given before any party embarks upon instructions for expert evidence. It by no means follows that because a party wishes such evidence to be admitted that it will be . . A prudent party will first explore with the employment tribunal at a directions hearing or in correspondence whether, in principle, expert evidence is likely to be acceptable." 1 Citers [ Bailii ] - [ EATn ] Â Homebase Ltd v Westoby [2001] UKEAT 855_00_2003 20 Mar 2001 EAT Employment [ Bailii ] Â Crown Prosecution Service v Clarke [2001] UKEAT 1254_00_2003 20 Mar 2001 EAT Employment [ Bailii ] Â General Medical Council v Cox [2001] UKEAT 76_01_2003 20 Mar 2001 EAT Employment [ Bailii ] Â Mcdonald v Camden [2001] UKEAT 1122_00_2003 20 Mar 2001 EAT Employment [ Bailii ] Â Helen Percy v An Order and Judgment of the Employment Appeal Tribunal Dated 22 March 1999 [2001] ScotCS 65; 2001 SC 757 20 Mar 2001 SCS Lord President and Lord Cameron of Lochbroom and Lord Caplan Scotland, Employment, Discrimination, Employment, Ecclesiastical Mrs Percy was a minister in the church. She appealed rejection of her claim for unfair dismissal and sex discrimination. Held: the court considered whether Ms Percy was employed by the Board of National Mission in terms of a 'contract personally to execute any work or labour'. After reviewing the authorities the Lord President enunciated a principle that where an appointment was made to a recognised form of ministry within the Church of Scotland, and where the duties of that ministry were essentially spiritual, it was to be presumed there was no intention that the arrangements made with the minister would give rise to obligations enforceable in the civil law. The presumption was rebuttable. In the present case the Lord President was not persuaded the parties intended to create relations enforceable in the civil courts. There was a rebuttable presumption that: "where the appointment was being made to a recognised form of ministry within the Church and where the duties of that ministry would be essentially spiritual, there would be no intention that the arrangements made with the minister would give rise to obligations enforceable in the civil law." 1 Citers [ Bailii ] - [ ScotC ] Â Helen Percy v An Order and Judgment of the Employment Appeal Tribunal Dated 22 March 1999 [2001] ScotCS 65; 2001 SC 757 20 Mar 2001 SCS Lord President and Lord Cameron of Lochbroom and Lord Caplan Scotland, Employment, Discrimination, Employment, Ecclesiastical Mrs Percy was a minister in the church. She appealed rejection of her claim for unfair dismissal and sex discrimination. Held: the court considered whether Ms Percy was employed by the Board of National Mission in terms of a 'contract personally to execute any work or labour'. After reviewing the authorities the Lord President enunciated a principle that where an appointment was made to a recognised form of ministry within the Church of Scotland, and where the duties of that ministry were essentially spiritual, it was to be presumed there was no intention that the arrangements made with the minister would give rise to obligations enforceable in the civil law. The presumption was rebuttable. In the present case the Lord President was not persuaded the parties intended to create relations enforceable in the civil courts. There was a rebuttable presumption that: "where the appointment was being made to a recognised form of ministry within the Church and where the duties of that ministry would be essentially spiritual, there would be no intention that the arrangements made with the minister would give rise to obligations enforceable in the civil law." 1 Citers [ Bailii ] - [ ScotC ] Â Homebase Ltd v D B Westoby EAT/855/00 20 Mar 2001 EAT Mr Recorder Langstaff QC Employment EAT Jurisdiction - Â Elabed v BBC Arabic Service [2001] UKEAT 358_00_2103 21 Mar 2001 EAT Employment [ Bailii ] Â Carlton Henry and 62 Others v London General Transport Services [2002] EWCA Civ 488 21 Mar 2001 CA Employment [ Bailii ] Â Dr J Lynn v Rokeby School Board of Governors London Borough of Newham Secretary of State for Education and Employment EAT/86/99; [2001] UKEAT 86_99_2103 21 Mar 2001 EAT The Honourable Mr Justice Lindsay (President) Discrimination, Employment EAT Sex Discrimination - Direct 1 Cites 1 Citers [ Bailii ] - [ EATn ] Â Cooper v Dr P Kakad and Dr L Dickinson (In Partnership) [2001] UKEAT 252_00_2103 21 Mar 2001 EAT Employment [ Bailii ] Â Boughton and Another v Audio Group International Ltd [2001] UKEAT 1202_00_2103 21 Mar 2001 EAT Employment [ Bailii ] Â Toofanny v Parkside Health NHS Trust [2001] UKEAT 300_01_2103 21 Mar 2001 EAT Employment [ Bailii ] Â Â Biggar v London Borough of Havering; CA 21-Mar-2001 - [2001] EWCA Civ 411 Â Thompson v Tower Hamlets Healthcare NHS Trust [2001] UKEAT 1401_99_2103 21 Mar 2001 EAT Employment [ Bailii ] Â Whiffen v Milham Ford Girls' School and Oxfordshire County Council Times, 03 April 2001; Gazette, 07 June 2001; [2001] EWCA Civ 385 21 Mar 2001 CA Schiemann, Latham LJJ, Sir Christopher Slade Employment, Discrimination The local authority's redundancy policy required the school first to choose for redundancy those on fixed term temporary contracts. The applicant's contract had not been renewed, and she had been replaced by a teacher with lesser qualifications. The policy adversely affect more women than men and was indirect discrimination, and it was for the school to justify following it. It had to show that the policy met some need, but that question was never addressed. The school had to show the need in this situation to use the policy, not that the policy was widely followed. Sex Discrimination Act 1975 1(1)(b) (i) 1 Cites [ Bailii ] Â Â Unison v Westminster City Council; CA 21-Mar-2001 - Times, 03 April 2001; Gazette, 17 May 2001; [2001] EWCA Civ 443; [2001] IRLR 524 Â Mullally v Securicor Recruitment Services Ltd [2001] UKEAT 1299_00_2203 22 Mar 2001 EAT Employment [ Bailii ] Â Gbokoyi v Bennette's Eco-Inverter (Environmental Services) Ltd [2001] UKEAT 1282_00_2203 22 Mar 2001 EAT Mr Recorder Burke QC Employment Preliminary hearing - leave to appeal granted 1 Citers [ Bailii ] Â Symonds v Leicestershire Fire and Rescue Services [2001] UKEAT 1204_00_2203 22 Mar 2001 EAT Employment [ Bailii ] Â De Souza v TMP Worldwide and Another [2001] EWCA Civ 440 22 Mar 2001 CA Employment [ Bailii ] Â Robson v Electric Incentive Co and Another [2001] UKEAT 1384_00_2203 22 Mar 2001 EAT Employment [ Bailii ] Â Ali v First Quench Ltd [2001] EWCA Civ 446 22 Mar 2001 CA Peter Gibson LJ Employment, Discrimination Application for leave to appeal against dismissal of complaint of race discrimination and unfair dismissal. Race Relations Act 1976 1(1)(a) [ Bailii ] Â Goodchild v Legal and General Assurance Society Ltd [2001] UKEAT 1264_00_2203 22 Mar 2001 EAT Employment [ Bailii ] Â Wilson v Sheffield City Council [2001] UKEAT 508_00_2203 22 Mar 2001 EAT Employment [ Bailii ] Â Angove v Bry-Kol Developments Ltd [2001] UKEAT 1417_99_2203; EAT/1417/99 22 Mar 2001 EAT His Honour Judge Peter Clark Employment EAT Maternity Rights and Parental Leave [ Bailii ] - [ EAT ] Â Clancy v Cannock Chase Techinical College, Dr D A Parker EAT/265/99 EAT/293/99 22 Mar 2001 EAT The Honourable Mr Justice Lindsay (President) Employment EAT Unfair Dismissal - Compensation. [ EAT ] Â Scarano v Radmore Trading Ltd [2001] UKEAT 0175_01_2203 22 Mar 2001 EAT Employment [ Bailii ] Â Clancy v Cannock Chase Techinical College Dr D A Parker EAT/293/99; EAT/265/99 22 Mar 2001 EAT The Honourable Mr Justice Lindsay (President) Employment EAT Unfair Dismissal - Compensation Â Baptiste v Secretary of State for Foreign and Commonwealth Office and Another [2001] UKEAT 0274_00_2303 23 Mar 2001 EAT Employment [ Bailii ] Â Lagotse v London Borough of Camden [2001] EWCA Civ 459 23 Mar 2001 CA Mummery LJ Employment Application for permission to appeal. [ Bailii ] Â Punch Retail Ltd v Morris [2001] UKEAT 281_01_2303 23 Mar 2001 EAT Employment [ Bailii ] Â Eat/980/99 Scanfuture UK Ltd Eat/1353/99 J M Link v Eat/980/99 K Bird J M Link, C J Bennett, Secretary of State for Departmen T of Trade Eat/1353/99 Secretary of State for Department of Trade EAT/980/99 EAT/1353/99 23 Mar 2001 EAT The Honourable Mr Justice Lindsay (President) Employment EAT Transfer of Undertakings - Transfer. [ EATn ] Â Ewings and Co Solicitors v Passfield [2001] UKEAT 337_01_2303 23 Mar 2001 EAT Employment [ Bailii ] Â Ganase v Kent Community Housing Trust [2001] UKEAT 1231_99_2303 23 Mar 2001 EAT Employment [ Bailii ] Â Ctc Aviation Group Plc v Foan [2001] UKEAT 46_01_2303 23 Mar 2001 EAT Employment [ Bailii ] Â Â Allonby v Accrington and Rossendale College and others; CA 23-Mar-2001 - Times, 03 April 2001; [2001] EWCA Civ 529; [2002] ICR 1189 Â Scanfuture UK Ltd v Bird and others [2001] UKEAT 980_99_2303 23 Mar 2001 EAT Employment [ Bailii ] Â Negus v Cozens [2001] UKEAT 1260_00_2303 23 Mar 2001 EAT Employment [ Bailii ] Â Ahuja v Inghams (Accountants) [2001] UKEAT 1271_00_2303 23 Mar 2001 EAT Employment [ Bailii ] Â Key Communications Ltd v Rose and others [2001] UKEAT 1292_00_2303 23 Mar 2001 EAT Employment [ Bailii ] Â Matthews v Birmingham International Airport Ltd [2001] UKEAT 1343_00_2303 23 Mar 2001 EAT Employment [ Bailii ] Â Board v Superdrug Stores Plc [2001] UKEAT 1230_00_2303 23 Mar 2001 EAT Employment [ Bailii ] Â Williamson v Schenker Ltd [2001] UKEAT 1445_00_2303 23 Mar 2001 EAT Employment [ Bailii ] Â Davies v Northamptonshire Probation Service and others [2001] UKEAT 235_00_2303 23 Mar 2001 EAT Employment [ Bailii ] Â Scanfuture UK Ltd, J M Link v K Bird J M Link C J Bennett Secretary of State for Department of Trade, Secretary of State for Department of Trade Times, 26 April 2001; EAT/980/99; EAT/1353/99; [2001] IRLR 416 23 Mar 2001 EAT The Honourable Mr Justice Lindsay (President) Human Rights, Employment The new system of appointment of lay members of employment tribunals is compliant with the right to a fair trial before an independent tribunal, particularly now where the Secretary of State had an interest in the proceedings. The Secretary had had power to select and remove the lay members of the tribunal, and the system could therefore give rise to a reasonable perception of unfairness. The decision made under the old rules had to be set aside. The new system provided sufficient guarantees because the lay members were now appointed for a three year period after open competition, and any removal would now involve an element of judicial involvement. EAT Transfer of Undertakings - Transfer European Convention on Human Rights Art 6 1 Citers Â Â Johnson v Unisys Ltd; HL 23-Mar-2001 - Times, 23 March 2001; [2001] UKHL 13; [2001] IRLR 279; [2001] 2 All ER 801; [2001] 2 WLR 1076; [2001] ICR 480; [2003] 1 AC 518 Â Cave v Borax Europe Ltd [2001] UKEAT 1173_01_2503 25 Mar 2001 EAT Employment [ Bailii ] Â Zalzala v University of Sheffield [2001] UKEAT 0201_01_2503 25 Mar 2001 EAT Employment [ Bailii ] Â Lee D Patrick v Harry Lynch and Co Ltd EAT/1020/00 25 Mar 2001 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Compensation. [ EATn ] Â Patrick v Harry Lynch and Co Ltd EAT/1020/00 25 Mar 2001 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Compensation Â Chronos Richardson Ltd v W K Watson EAT/1340/99 26 Mar 2001 EAT Mr Commissioner Howell Qc Employment EAT Unfair Dismissal - Procedural fairness/automatically unfair dismissal. [ EATn ] Â Julliette Olakotan v Dr Mangad Iqbal EAT/0212/00 26 Mar 2001 EAT Mr Recorder Langstaff Employment EAT Unfair Dismissal - Compensation Â Julliette Olakotan v Dr Mangad Iqbal EAT/0212/00 26 Mar 2001 EAT Mr Recorder Langstaff Employment EAT Unfair Dismissal - Compensation. [ EATn ] Â Cambus Holdings Ltd T/A Stage Coach Cambus v A Rahim EAT/1165/00 & EAT/1281/00 26 Mar 2001 EAT His Honour Judge Peter Clark Employment EAT Procedural Issues - Employment Appeal Tribunal. [ EATn ] Â Lee D Patrick v Harry Lynch and Co Ltd EAT/1020/00 26 Mar 2001 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Contributory fault. [ EATn ] Â Yacoubi v Tesco Ltd [2001] UKEAT 1454_00_2603 26 Mar 2001 EAT Employment 1 Citers [ Bailii ] Â Wilson v Jeld-Wen (Uk) Litd [2001] UKEAT 1232_00_2603 26 Mar 2001 EAT Employment [ Bailii ] Â Olakotan v Iqbal [2001] UKEAT 0212_00_2603 26 Mar 2001 EAT Employment [ Bailii ] Â Fadipe v Fairstaff Agency Ltd [2001] UKEAT 208_01_2603 26 Mar 2001 EAT Employment 1 Citers [ Bailii ] Â Rawson v Martin Ward Anderson Ltd [2001] UKEAT 1304_00_2603 26 Mar 2001 EAT Employment [ Bailii ] Â Cambus Holdings Ltd (T/A Stage Coach Cambus) v Rahim [2001] UKEAT 1165_00_2603 26 Mar 2001 EAT Employment [ Bailii ] Â Bracewell v Securicor Guarding Ltd [2001] UKEAT 1267_00_2603 26 Mar 2001 EAT Employment [ Bailii ] Â Herbert v Kopyrite Ltd [2001] UKEAT 1301_00_2603 26 Mar 2001 EAT Employment [ Bailii ] Â Henly Homes Ltd v Simmons [2001] UKEAT 1472_00_2603 26 Mar 2001 EAT Employment [ Bailii ] Â Jeffrey v Mctimoney Chiropractic College [2001] UKEAT 1261_00_2603 26 Mar 2001 EAT Employment [ Bailii ] Â Concorde Building Preservation Ltd v Smith [2001] UKEAT 1247_00_2603 26 Mar 2001 EAT Employment [ Bailii ] Â Chronos Richardson Ltd v W K Watson EAT/1340/99; [2001] UKEAT 1340_99_2703 26 Mar 2001 EAT Mr Commissioner Howell QC Employment EAT Unfair Dismissal - Procedural Fairness 1 Cites [ Bailii ] Â Quicks Group Plc v Khan [2001] UKEAT 1286_00_2603 26 Mar 2001 EAT Employment [ Bailii ] Â Cambus Holdings Ltd T/A Stage Coach Cambus v A Rahim EAT/1281/00; EAT/1165/00 26 Mar 2001 EAT His Honour Judge Peter Clark Employment EAT Procedural Issues - Employment Appeal Tribunal Â Phones Direct (Uk) Ltd v Jane Morgan [2001] UKEAT 371_00_2603 26 Mar 2001 EAT Employment [ Bailii ] Â Parry v Leicestershire Leicester Ruthland Headway Ltd [2001] UKEAT 1406_00_2603 26 Mar 2001 EAT Employment [ Bailii ] Â Panter v Swan (Worthing) Ltd [2001] UKEAT 1407_00_2603 26 Mar 2001 EAT Employment [ Bailii ] Â Vfg Plc v Barnes [2001] UKEAT 1322_00_2603 26 Mar 2001 EAT Employment [ Bailii ] Â Kerrygold Company Ltd and Another v Y [2001] UKEAT 1339_00_2603 26 Mar 2001 EAT Employment [ Bailii ] Â Adjustmatic Beds Ltd v Fulton [2001] UKEAT 1328_00_2603 26 Mar 2001 EAT Employment [ Bailii ] Â Lee D Patrick v Harry Lynch and Co Ltd EAT/1020/00 26 Mar 2001 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Contributory Fault Â Pandya v Headcount Field Marketing Ltd [2001] UKEAT 600_00_2603 26 Mar 2001 EAT Employment [ Bailii ] Â Patons Ltd v Taylor EAT/1075/00 27 Mar 2001 EAT The Honourable Lord Johnston Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â James Wright v Scottbridge Construction Ltd EAT/1050/00 27 Mar 2001 EAT The Honourable Lord Johnston Employment EAT Contract of Employment - Breach of Contract. [ EATn ] Â James Wright v Scottbridge Construction Ltd EAT/1050/00; (2001) IRLR 589 27 Mar 2001 EAT The Honourable Lord Johnston Employment, Scotland EAT Contract of Employment - Breach of Contract National Minimum Wage Regulations 1999 15 1 Cites 1 Citers Â London Borough of Merton v Thomas [2001] UKEAT 0301_01_2703 27 Mar 2001 EAT Employment [ Bailii ] Â T Roworth v Welbeck Steel Service Centres Ltd EAT/1189/99 27 Mar 2001 EAT Mr Recorder Burke Qc Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â Patons Ltd v Taylor EAT/1075/00 27 Mar 2001 EAT The Honourable Lord Johnston Employment EAT Procedural Issues - Employment Tribunal Â R Conway v Centre Point Trading (Uk) Ltd and others EAT/1042/97 & EAT/1123/99 27 Mar 2001 EAT His Honour Judge Peter Clark Employment EAT Contract of Employment - Written particulars. [ EATn ] Â Hussain v Hm Prison Service [2001] UKEAT 1250_00_2703 27 Mar 2001 EAT Employment [ Bailii ] Â T Roworth v Welbeck Steel Service Centres Ltd EAT/1189/99; [2001] UKEAT 1189_99_2703 27 Mar 2001 EAT Mr Recorder Burke QC Employment EAT Unfair Dismissal - Reason for Dismissal 1 Cites 1 Citers [ Bailii ] Â R Conway v Centre Point Trading (Uk) Ltd and others EAT/1123/99; EAT/1042/97 27 Mar 2001 EAT His Honour Judge Peter Clark Employment EAT Contract of Employment - Written Particulars Â Denteh v Commissioner of Police for the Metropolis and others [2001] UKEAT 1033_00_2703 27 Mar 2001 EAT Employment [ Bailii ] Â Friendly Computer Company v Steedman and Another [2001] UKEAT 1324_00_2703 27 Mar 2001 EAT Employment [ Bailii ] Â Younas v The Chief Constable of the Thames Valley Police [2001] UKEAT 795_00_2803 28 Mar 2001 EAT Employment [ Bailii ] Â James Cunningham Niven v Mitchell Drainage Services Ltd EAT/1171/00 28 Mar 2001 EAT The Honourable Lord Johnston Employment EAT Contract of Employment - Breach of Contract Â Bailey v Thomas and Betts Ltd and Another [2001] UKEAT 142_01_2803 28 Mar 2001 EAT Rec Langstaff QC Employment Leave to appeal [ Bailii ] Â Beany v Time Computers Ltd and Another [2001] UKEAT 1396_00_2803 28 Mar 2001 EAT Employment [ Bailii ] Â Niven v Mitchell Drainage Services Ltd EAT/1171/00 28 Mar 2001 EAT The Honourable Lord Johnston Employment EAT Contract of Employment - Breach of Contract. [ EATn ] Â Lee, Dodds v Iceland Frozen Foods Plc EAT/1147/00 28 Mar 2001 EAT The Honourable Lord Johnston Employment EAT Procedural Issues - Employment Tribunal 1 Cites [ EATn ] Â M Younas v The Chief Constable of the Thames Valley Police EAT/795/00 28 Mar 2001 EAT The Honourable Mr Justice Hooper Employment EAT Human Rights - Â McNiffe v Redcar and Cleveland Borough Council [2001] UKEAT 1273_00_2803 28 Mar 2001 EAT Employment [ Bailii ] Â M Younas v the Chief Constable of the Thames Valley Police EAT/795/00 28 Mar 2001 EAT The Honourable Mr Justice Hooper Employment EAT Human Rights - (no sub-topic). [ EATn ] Â Electronic Data Systems Ltd v Hanbury Brook Street (Uk) T/A Brook Street Bureau EAT/128/00 29 Mar 2001 EAT His Honour Judge Peter Clark Employment EAT Contract of Employment - Definition of Employee Â The Governing Body of Coedffranc Junior School, Neath Port Talbot CBC v C M John EAT/1091/99 29 Mar 2001 EAT The Honourable Mr Justice Nelson Employment EAT Redundancy - Fairness [ EATn ] Â C Nkengfack v London Borough of Southwark EAT/251/00 29 Mar 2001 EAT Mr Recorder Langstaff Qc Employment EAT Procedural Issues - Employment Appeal Tribunal. [ EATn ] Â Peckham and Rye Ltd v Robert Ernest Magee EAT/1222/00 29 Mar 2001 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Reason for Dismissal Â Electronic Data Systems Ltd v 1) Hanbury 2) Brook Street (Uk), T/A Brook Street Bureau EAT/128/00 29 Mar 2001 EAT His Honour Judge Peter Clark Employment EAT Jurisdiction - (no sub-topic). [ EATn ] Â Electronic Data Systems Ltd v 1) Hanbury 2) Brook Street (Uk) T/A Brook Street Bureau . EAT/128/00 29 Mar 2001 EAT His Honour Judge Peter Clark Employment EAT Contract of Employment - Definition of employee. [ EATn ] Â Peckham and Rye Ltd v Robert Ernest Magee EAT/1222/00 29 Mar 2001 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â Aitken v Northumberland County Council [2001] UKEAT 1429_00_2903 29 Mar 2001 EAT Employment [ Bailii ] Â Ms M Augustin v London Borough of Waltham Forest and others EAT/0636/98 29 Mar 2001 EAT The Honourable Mr Justice Hooper Employment EAT Time Limits - (no sub-topic) [ EATn ] Â Ham Technology (Uk) Ltd v Tempest [2001] UKEAT 1370_00_2903 29 Mar 2001 EAT Employment [ Bailii ] Â Augustin v London Borough of Waltham Forest and others [2001] UKEAT 0636_98_2903 29 Mar 2001 EAT Employment [ Bailii ] Â Ilangaratne v British Medical Association and Another [2001] UKEAT 259_01_2903 29 Mar 2001 EAT Employment 1 Cites 1 Citers [ Bailii ] Â Hambley v Texon UK Ltd [2001] UKEAT 1352_00_2903 29 Mar 2001 EAT Employment [ Bailii ] Â Electronic Data Systems Ltd v Hanbury Brook Street (Uk), T/A Brook Street Bureau EAT/128/00 29 Mar 2001 EAT His Honour Judge Peter Clark Employment EAT Jurisdiction - Â C Nkengfack v London Borough of Southwark EAT/251/00 29 Mar 2001 EAT Mr Recorder Langstaff QC Employment EAT Procedural Issues - Employment Appeal Tribunal Â M Augustin v London Borough of Waltham Forest and others EAT/0636/98 29 Mar 2001 EAT The Honourable Mr Justice Hooper Employment EAT Time Limits - Â Dumfries and Galloway Acute and Maternity Hospitals NHS Trust v Elizabeth Fraser EAT/1148/00 29 Mar 2001 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â Nkengfack v Southwark [2001] UKEAT 251_00_2903 29 Mar 2001 EAT Employment [ Bailii ] Â Electronic Data Systems Ltd v Hanbury and Another [2001] UKEAT 128_00_2903 29 Mar 2001 EAT Employment [ Bailii ] Â The Governing Body of Coedffranc Junior School, Neath Port Talbot CBC v C M John EAT/1091/99; [2001] UKEAT 1091_99_2903 29 Mar 2001 EAT The Honourable Mr Justice Nelson Employment EAT Redundancy - Fairness [ Bailii ] Â Dumfries and Galloway Acute and Maternity Hospitals NHS Trust v Elizabeth Fraser EAT/1148/00 29 Mar 2001 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Reason for Dismissal Â Lunn Poly Ltd v Mordue [2001] UKEAT 61_01_2903 29 Mar 2001 EAT Employment [ Bailii ] Â Lochgorm Warehouses v Martin Gordon EAT/1223/00 30 Mar 2001 EAT The Honourable Lord Johnston Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â Cross v Hanna and Another [2001] UKEAT 0976_00_3003 30 Mar 2001 EAT Employment [ Bailii ] Â Andrews v Metal Castings Ltd [2001] UKEAT 1336_00_3003 30 Mar 2001 EAT Employment [ Bailii ] Â White v the Post Office [2001] UKEAT 1359_00_3003 30 Mar 2001 EAT Employment [ Bailii ] Â Koskinen v the Council for Professions Supplementary To Medicine and others [2001] UKEAT 1447_00_3003 30 Mar 2001 EAT Employment [ Bailii ] Â Lochgorm Warehouses v Martin Gordon EAT/1223/00 30 Mar 2001 EAT The Honourable Lord Johnston Employment EAT Procedural Issues - Employment Tribunal Â Howell v Status Card Ltd (T/A Chase 3C) [2001] UKEAT 1395_00_3003 30 Mar 2001 EAT Employment [ Bailii ] Â Johnson v Newcastle College (the Corporation) [2001] UKEAT 1316_00_0204 2 Apr 2001 EAT Employment [ Bailii ] Â Brewster v Fanon Trust Ltd and Another [2001] UKEAT 0346_00_0204 2 Apr 2001 EAT Employment [ Bailii ] Â Agonafir v Adminstore Group [2001] UKEAT 1367_00_0204 2 Apr 2001 EAT Employment [ Bailii ] Â Pinnington v Ysgol Crug Glas School and Another [2001] UKEAT 1500_00_0204 2 Apr 2001 EAT Employment 1 Cites 1 Citers [ Bailii ] Â Captain Brian Leonard Friend v Civil Aviation Authority and others [2001] EWCA Civ 522 2 Apr 2001 CA Brooke LJ Employment [ Bailii ] Â Allen v Cqr Security Components Ltd [2001] UKEAT 1338_00_0204 2 Apr 2001 EAT Employment [ Bailii ] Â Lewis v Airflow Streamlines Plc [2001] UKEAT 634_96_0204 2 Apr 2001 EAT Employment [ Bailii ] Â Reid v North West Ceilings Ltd (T/A Shopspec) [2001] UKEAT 58_00_0204; EAT/58/00 2 Apr 2001 EAT Mr Recorder Langstaff QC Employment Definition of employee 1 Cites [ Bailii ] - [ EAT ] Â Matthews v South Wales Police [2001] UKEAT 246_01_0304 3 Apr 2001 EAT Employment [ Bailii ] Â Scott v London Borough of Hillingdon [2001] EWCA Civ 462 3 Apr 2001 CA Henry LJ Employment 1 Citers [ Bailii ] Â R Hunter v Preston College FE Corporation EAT/89/00; [2001] UKEAT 89_00_0304 3 Apr 2001 EAT Mr Recorder Langstaff QC Employment EAT Unfair Dismissal - Reason for Dismissal [ Bailii ] Â Butler v Sitel UK Ltd [2001] UKEAT 274_01_0304 3 Apr 2001 EAT Employment [ Bailii ] Â R Hunter v Preston College Fe Corporation EAT/89/00 3 Apr 2001 EAT Mr Recorder Langstaff Qc Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â Â United Fish Industries (UK) Ltd v Herbert; EAT 3-Apr-2001 - [2001] UKEAT 226_01_0304 Â Afolayan v Star Texaco and Another [2001] UKEAT 1088_00_0404 4 Apr 2001 EAT Employment [ Bailii ] Â Raymond Hilton v Shiner Ltd - Builders Merchants EAT/9/00 4 Apr 2001 EAT Mr Recorder Langstaff QC Employment EAT Contract of Employment - Breach of Contract Â Raymond Hilton v Shiner Ltd - Builders Merchants EAT/9/00 4 Apr 2001 EAT Mr Recorder Langstaff Qc Employment EAT Contract of Employment - Breach of Contract. [ EATn ] Â Armstrong v Devon County Council [2001] UKEAT 1211_95_0404 4 Apr 2001 EAT Employment [ Bailii ] Â Hall v Large and Another [2001] UKEAT 358_99_0404 4 Apr 2001 EAT Employment [ Bailii ] Â Ryan and others v Taylorplan Services Ltd and Another [2001] UKEAT 826_99_0504 5 Apr 2001 EAT Employment [ Bailii ] Â Stronach v Walsall Metropolitan Borough Council [2001] EWCA Civ 573 5 Apr 2001 CA Employment [ Bailii ] Â Riniker v University College London (Practice Note) [2001] 1 WLR 13 5 Apr 2001 CA Employment, Litigation Practice The Employment Appeal Tribunal does not have jurisdiction to hear an appeal which does not set out to disturb any part of the order made by the original tribunal. There is no inherent power in the Court of Appeal to bypass the prohibition in subsection of the 1999 Act against hearing an appeal from a refusal of permission. Access to Justice Act 1999 54(4) 1 Cites 1 Citers Â Kells v Pilkington Plc [2001] UKEAT 1435_00_0504 5 Apr 2001 EAT Employment 1 Citers [ Bailii ] Â Â Tran v Greenwich Vietnam Community Project; EAT 5-Apr-2001 - EAT/185/00; [2001] UKEAT 185_00_0504 Â H Ryan and others v 1) Taylorplan Services Ltd, 2) Initial Healthcare Services Ltd EAT/826/99 5 Apr 2001 EAT The Honourable Mr Justice Lindsay (President) Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â Dare v Symonds Hydroclean Retail Maintenance Ltd [2001] UKEAT 1287_00_0504 5 Apr 2001 EAT Employment [ Bailii ] Â H Ryan and others v Taylorplan Services Ltd , Initial Healthcare Services Ltd EAT/826/99 5 Apr 2001 EAT The Honourable Mr Justice Lindsay (President) Employment EAT Procedural Issues - Employment Tribunal Â B and M Retail Ltd v Garrett [2001] UKEAT 1419_00_0604 6 Apr 2001 EAT Employment [ Bailii ] Â Harada Ltd v Turner [2001] EWCA Civ 599 6 Apr 2001 CA Pill, Mantell, McKinnon LJJ Employment The claimant had sought damages alleging unfair dismissal and unlawful deductions from his wages. The defendant argued that it was not subject to the jurisdiction of the court. During preliminary discussions, the judge hearing the application was said to have made remarks indicating a bias against the defendant (now appellant). Held: The Tribunal had given the appearance of bias. This appeared from notes made by counsel appearing on behalf of the disappointed litigant, indicating that the Chairman of the Tribunal had in mind that the Respondents, whom counsel represented, were well known to the Tribunal and then went on to describe them in derogatory terms. The facts demonstrated that the Tribunal was taking into account matters which were not based upon the merits of the particular case but rather based upon entirely extraneous circumstances, and on a view of one of the litigants which had nothing to do with the particular matter then before the Tribunal. 1 Cites 1 Citers [ Bailii ] Â Rosier (T/A Damp Roofing Company of Hereford) v Bevan [2001] UKEAT 1374_00_0604 6 Apr 2001 EAT Employment [ Bailii ] Â Lomas (Scaffolding) v Greenhow [2001] UKEAT 1156_00_0604 6 Apr 2001 EAT Employment [ Bailii ] Â Drysdale v Haringey [2001] UKEAT 1501_00_0904 9 Apr 2001 EAT Employment [ Bailii ] Â Aragona v Alitalia Linee Aeree Italiane Spa [2001] EWHC 463 (QB) 9 Apr 2001 QBD Employment, Contract The claimants were employees of the defendant Italian company working in England. Their contracts were subject to English law. They sought damages for breach of contract or, alternatively, a restitutionary remedy arising out of the failure and refusal of Alitalia to allocate shares to those of its employees who were employed under a contract which was not governed by Italian law, notwithstanding that such an allocation was made to those employees of equivalent status whose contracts were subject to Italian law. [ Bailii ] Â Ivanov v Adtranz Signal (Uk) Ltd [2001] UKEAT 0220_00_0904 9 Apr 2001 EAT Employment [ Bailii ] Â Redmond v Manchester City Council EAT/397/00 10 Apr 2001 EAT Mr Recorder Underhill Qc Employment EAT Time Limits - (no sub-topic) [ EATn ] Â BECTU v Tudor Gates EAT/1462/00 10 Apr 2001 EAT The Honourable Mr Justice Lindsay (President) Employment EAT Certification Officer - Â Driver v Preston Borough Council, Harrison EAT/229/01; EAT/1411/00 10 Apr 2001 EAT The Honourable Mr Justice Lindsay (President) Employment EAT Procedural Issues - Employment Tribunal Â Redmond v Manchester City Council EAT/397/00 10 Apr 2001 EAT Mr Recorder Underhill QC Employment EAT Time Limits - Â Bectu v Tudor Gates EAT/1462/00 10 Apr 2001 EAT The Honourable Mr Justice Lindsay (President) Employment EAT Certification Officer - (no sub-topic). [ EATn ] Â G Driver v 1) Preston Borough Council 2) S Harrison EAT/1411/00 & EAT/229/01 10 Apr 2001 EAT The Honourable Mr Justice Lindsay (President) Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â Redmond v Manchester City Council [2001] UKEAT 397_00_1004 10 Apr 2001 EAT Employment [ Bailii ] Â Morgan v Islington [2001] UKEAT 13_00_1004 10 Apr 2001 EAT Employment [ Bailii ] Â Desmond v Safeway Stores Plc [2001] UKEAT 1330_00_1004 10 Apr 2001 EAT Employment 1 Citers [ Bailii ] Â Driver v Preston Borough Council and Another [2001] UKEAT 1411_00_1004 10 Apr 2001 EAT Employment [ Bailii ] Â Bectu v Tudor Gates [2001] UKEAT 1462_00_1004 10 Apr 2001 EAT Employment [ Bailii ] Â B E Fowler v Southend on Sea Borough Council EAT/1021/98 23 Apr 2001 EAT Mr Recorder Underhill QC Employment EAT Procedural Issues - Employment Tribunal Â E Young and I Young v William A Coutts EAT/984/00 23 Apr 2001 EAT The Honourable Lord Johnston Employment EAT Procedural Issues - Employment Appeal Tribunal Â B E Fowler v Southend on Sea Borough Council EAT/1021/98 23 Apr 2001 EAT Mr Recorder Underhill Qc Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â E Young and I Young v William A Coutts EAT/984/00 23 Apr 2001 EAT The Honourable Lord Johnston Employment EAT Procedural Issues - Employment Appeal Tribunal. [ EATn ] Â Fowler v Southend on Sea Borough Council [2001] UKEAT 1021_98_2304 23 Apr 2001 EAT Employment [ Bailii ] Â S Al Dosari v Middle East Broadcasting Centre Ltd EAT/249/00 24 Apr 2001 EAT Her Honour Judge A Wakefield Employment EAT Time Limits [ EATn ] Â Uruakpa v Meat Hygiene Service [2001] EWCA Civ 642 24 Apr 2001 CA Employment [ Bailii ] Â Oakley and others v Kvaerner Redpath Engineering Services Limited EAT/1278/99; [2001] UKEAT 1278_99_2404 24 Apr 2001 EAT His Honour Judge D Pugsley Employment EAT Time Limits [ Bailii ] - [ EAT ] Â Eceurope.Com Ltd v Bosredon [2001] UKEAT 427_01_2404 24 Apr 2001 EAT Employment [ Bailii ] Â Bain v Abbey Life Assurance Company Ltd [2001] EWCA Civ 602 24 Apr 2001 CA Chadwick LJ Employment [ Bailii ] Â Common Services Agency (Blood Transfusion Service) v Murray EAT/1224/00 24 Apr 2001 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EAT ] Â HM Prison Service v Salmon [2001] UKEAT 21_00_2404; EAT/21/00 24 Apr 2001 EAT Mr Recorder Underhill QC Employment, Discrimination EAT Sex Discrimination - Injury to Feelings [ Bailii ] - [ EAT ] Â O'Connell v Abse and Another [2001] UKEAT 332_01_2404 24 Apr 2001 EAT Employment [ Bailii ] Â Campbell and Smith Construction Group Ltd v Greenwood and Others EAT/1377/00; [2001] UKEAT 1377_00_2404; [2001] IRLR 588 24 Apr 2001 EAT Lord Johnston Employment Employer's appeal against finding of unlawful deduction of wages. [ EAT ] - [ Bailii ] Â Al Dosari v Middle East Broadcasting Centre Ltd [2001] UKEAT 249_00_2404 24 Apr 2001 EAT Employment [ Bailii ] Â Guthrie v Waltham Forest and Another [2001] UKEAT 1049_00_2404 24 Apr 2001 EAT Employment [ Bailii ] Â Messrs Blatchfords Solicitors v M Berger and 6 others EAT/207/00 25 Apr 2001 EAT His Honour Judge Peter Clark Employment EAT Contract of Employment - Breach of Contract Â Sivanandan v Enfield and others [2001] UKEAT 469_00_2504 25 Apr 2001 EAT Employment 1 Cites 1 Citers [ Bailii ] Â Keeling v Cleburne Ltd [2001] UKEAT 1037_00_2504 25 Apr 2001 EAT Employment [ Bailii ] Â Enesco European Giftware Group Ltd v Birkett [2001] UKEAT 190_01_2504 25 Apr 2001 EAT Employment 1 Cites 1 Citers [ Bailii ] Â Messrs Blatchfords Solicitors v Berger and others [2001] UKEAT 207_00_2504 25 Apr 2001 EAT Employment [ Bailii ] Â Lloyd v ITF World Expo Ltd [2001] UKEAT 1229_99_2504 25 Apr 2001 EAT Charles J Employment EAT The Employment Tribunal dismissed the claim made by the Appellant for unfair dismissal. The Appellant had alleged that he was dismissed because he had taken part or proposed to take part in the activities of an independent trade union and that dismissal was automatically unfair. [ Bailii ] Â Messrs Blatchfords Solicitors v Ms M Berger and 6 others EAT/207/00 25 Apr 2001 EAT His Honour Judge Peter Clark Employment EAT Contract of Employment - Breach of Contract. [ EATn ] Â Miklaszewicz v Stolt Offshore Ltd EAT/1385/00 25 Apr 2001 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. 1 Citers [ EAT ] Â Thalassa Industries Ltd v Leigh Emma Keenan EAT/1295/00 25 Apr 2001 EAT The Honourable Lord Johnston Employment EAT Procedural Issues - Employment Tribunal Â Thalassa Industries Ltd v Leigh Emma Keenan EAT/1295/00 25 Apr 2001 EAT The Honourable Lord Johnston Employment EAT Time Limits - (no sub-topic) [ EATn ] Â A G Lloyd v Itf World Expo Ltd EAT/1229/99 25 Apr 2001 EAT The Honourable Mr Justice Charles Employment EAT Trade Union Rights - (no sub-topic). [ EATn ] Â A G Lloyd v Itf World Expo Ltd EAT/1229/99 25 Apr 2001 EAT The Honourable Mr Justice Charles Employment EAT Trade Union Rights - Â Camdon Group Ltd v Adrienne Lamb EAT/0396/00 26 Apr 2001 EAT Her Honour Judge A Wakefield Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â Baillie, T/A John Baillie Carpets v David Mcfarlane EAT/1403/00 26 Apr 2001 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Contributory Fault Â Â Ministry of Defence v Carvey and Others, Rentokil Initial Security Ltd; EAT 26-Apr-2001 - EAT/202/00 Â Ministry of Defence v P Carvey and others Rentokil Initial Security Ltd EAT/202/00 26 Apr 2001 EAT The Honourable Mr Justice Charles Employment EAT Transfer of Undertakings - Transfer Â Humphreys v Persimmon Homes (Wales) Ltd [2001] EWCA Civ 608 26 Apr 2001 CA Mummery LJ Employment Application for permission to appeal. [ Bailii ] Â Tulloch Civil Engineering Ltd v Ian F Macdonald EAT/1388/00 26 Apr 2001 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Compensation. [ EATn ] Â Camdon Group Ltd v Lamb [2001] UKEAT 0396_00_2604 26 Apr 2001 EAT Employment [ Bailii ] Â Camdon Group Ltd v Adrienne Lamb EAT/0396/00 26 Apr 2001 EAT Her Honour Judge A Wakefield Employment EAT Procedural Issues - Employment Tribunal Â Sassoon v Plumstead and Community Law Centre and others [2001] UKEAT 456_01_2604 26 Apr 2001 EAT Employment [ Bailii ] Â Tilly v Liverpool City Council [2001] UKEAT 1331_97_2604 26 Apr 2001 EAT Employment [ Bailii ] Â Walji v Great Ormond Street Hospital [2001] UKEAT 1519_00_2604 26 Apr 2001 EAT Employment 1 Citers [ Bailii ] Â Tulloch Civil Engineering Ltd v Ian F Macdonald EAT/1388/00 26 Apr 2001 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Compensation Â Gavin v Protector Lamp and Lighting Co Ltd [2001] UKEAT 1275_00_2604 26 Apr 2001 EAT Employment [ Bailii ] Â John Baillie T/A John Baillie Carpets v David Mcfarlane EAT/1403/00 26 Apr 2001 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Compensation. [ EATn ] Â S Bhayani v Soft Focus Systems Ltd T/A Wysdom Information Technology EAT/117/00 27 Apr 2001 EAT Her Honour Judge A Wakefield Employment EAT Redundancy - Fairness Â Hagag v Ladbroke Hotels Ltd [2001] UKEAT 477_00_2704 27 Apr 2001 EAT Employment [ Bailii ] Â Quinn v Weir Systems Ltd [2001] UKEAT 1317_00_2704 27 Apr 2001 EAT Lord Jonston Employment, Scotland Appeal at the instigation of the employee against a finding of the Employment Tribunal to the effect that he had resigned from his employment with the respondents in circumstances which did not amount to constructive dismissal. 1 Cites [ Bailii ] Â Ms C K Kaur v John L Brierley Ltd EAT/783/00 27 Apr 2001 EAT Mr Commissioner Howell Qc Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â S Bhayani v Soft Focus Systems Ltd T/A Wysdom Information Technology EAT/117/00 27 Apr 2001 EAT Her Honour Judge A Wakefield Employment EAT Redundancy - Fairness [ EATn ] Â Edward Quinn v Weir Systems Ltd EAT/1317/00 27 Apr 2001 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â C K Kaur v John L Brierley Ltd EAT/783/00 27 Apr 2001 EAT Mr Commissioner Howell QC Employment EAT Procedural Issues - Employment Tribunal Â Kaur v John L Brierley Ltd [2001] UKEAT 783_00_2704 27 Apr 2001 EAT Employment [ Bailii ] Â Bhayani v Soft Focus Systems Ltd (T/A Wysdom Information Technology) [2001] UKEAT 117_00_2704 27 Apr 2001 EAT Employment [ Bailii ] Â Bradley v Greater Manchester Fire and Civil Defence Authority [2001] UKEAT 253_00_2704 27 Apr 2001 EAT Employment [ Bailii ] Â Hagag v Metropole Hotel (Holdings) Ltd. [2001] UKEAT 1246_00_2704 27 Apr 2001 EAT Employment [ Bailii ] Â Abegaze v British Telecommunications Plc [2001] UKEAT 1450_99_3004 30 Apr 2001 EAT Wakefield J Employment Preliminary hearing on appeal - application for adjournment. Dismissed on papers. 1 Cites 1 Citers [ Bailii ] Â P Lee v Lancashire County Council EAT/703/99; [2001] UKEAT 703_99_3004 30 Apr 2001 EAT The Honourable Mr Justice Hooper Discrimination, Employment EAT Disability Discrimination - Disability 1 Cites [ Bailii ] - [ EATn ] Â Northumbria Police v Ord [2001] UKEAT 0478_01_3004 30 Apr 2001 EAT Employment [ Bailii ] Â Liggins v Thameslink Rail Ltd [2001] UKEAT 1340_00_3004 30 Apr 2001 EAT Employment [ Bailii ] Â Kinleigh, Folkard and Hayward Ltd v Robson [2001] UKEAT 311_01_0105 1 May 2001 EAT Employment [ Bailii ] Â Polat v Costa Coffee Ltd [2001] UKEAT 1382_00_0105 1 May 2001 EAT Employment [ Bailii ] Â Riffin v East Thames Housing Group [2001] UKEAT 1425_00_0105 1 May 2001 EAT Employment [ Bailii ] Â Collett v Diocese of Hallam Trustee [2001] UKEAT 1400_00_0105 1 May 2001 EAT Employment [ Bailii ] Â Hampshire Fire and Rescue Service v Carrington and others [2001] UKEAT 426_01_0205 2 May 2001 EAT Employment [ Bailii ] Â Bowden v Signet Group Plc [2001] UKEAT 1509_00_0205 2 May 2001 EAT Employment [ Bailii ] Â Hampshire Fire and Rescue Service v Carrington and others [2001] UKEAT 425_01_0205 2 May 2001 EAT Employment [ Bailii ] Â Bowden v Signet Group Plc [2001] UKEAT 1503_00_0205 2 May 2001 EAT Employment [ Bailii ] Â Attorney General v Bennett [2001] UKEAT 0112_01_0205 2 May 2001 EAT Employment [ Bailii ] Â Wilks v Dowty Aerospace Hydraulics [2001] UKEAT 1276_00_0205 2 May 2001 EAT Employment [ Bailii ] Â Lewis v Royal Borough of Kingston [2001] UKEAT 0221_00_0305 3 May 2001 EAT Employment [ Bailii ] Â Jack v Pinkerton Security Services Ltd [2001] EWCA Civ 697 3 May 2001 CA Keene LJ Employment, Discrimination Application for leave to appeal - refused. 1 Cites 1 Citers [ Bailii ] Â School of Finance and Management (London) Ltd and Another v Serera [2001] UKEAT 542_00_0305 3 May 2001 EAT Employment [ Bailii ] Â Shamoon v Chief Constable of the Royal Ulster Constabulary emplaw, 03 May 2001; [2001] NIECA 18 3 May 2001 CANI Discrimination, Employment, Northern Ireland Emplaw In sex and race discrimination cases an employee must generally be able to show that he or she has been treated less favourably than a person of the opposite sex who is in comparable circumstances. If there is no such comparator then in the absence of some evidence pointing to the conclusion that a person of the other sex would have been treated differently there cannot be discrimination even if the treatment afforded to the complaining employee was " unsatisfactory or even harsh". Outline facts:- Ms Joan Shamoon was a Chief Inspector in the Royal Ulster Constabulary with 22 years service. After a complaint from two constables about the way in which she conducted appraisals of their performance, her superior officer removed her responsibilities in respect of staff appraisals. Also an inspector was appointed to assist with her administrative duties generally. She claimed that she had been singled out from other Chief Inspectors who continued to perform such appraisal duties, that the appointment of an inspector to help her undermined her position and that this was all unfavourable treatment afforded to her because she was a woman. Ms Shammon won her sex discrimination case at the industrial tribunal and the Police appealed to the Northern Ireland Court of Appeal. Decision:- The Police won the appeal. The main point made by the NI Court of Appeal in overruling the decision of the industrial tribunal was that, in their view, Ms Shamoon had not suffered any " detriment", quoting with approval from the EAT's judgment in Coker & Osamor v The Lord Chancellor, Lord Irvine 2001 ICR 507 that "there has to be some physical or economic consequence as a result of discrimination to constitute a detriment in this context, which is material and substantial". An unjustified sense of grievance could not amount to a detriment. Although this was enough to dispose of the case nevertheless the NI Court of Appeal went on to consider other issues. One of these was the question of who were valid comparators. The Court of Appeal held that there were none in this case as no complaints had been made about appraisals conducted by the other Chief Inspectors and that "it had not been established that the RUC had treated her less favourably than it would have treated any other officer in the same circumstances" Editor's note: The report of this case suggests that no reference was made to Mishriki v West Midlands Health Authority 2000, CA 20th June 2000 (unreported) which provides support for the contrary proposition that if no valid comparator can be found it would be legitimate to make a comparison with a hypothetical comparator. Sex Discrimination (Northern Ireland) Order 1976 (1976 No 1042 NI) 1 Cites 1 Citers [ Bailii ] Â R Lewis v Royal Borough of Kingston EAT/0221/00 3 May 2001 EAT Her Honour Judge A Wakefield Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â Tokyo Diner Plc v S Matsumoto EAT/1063/00, EAT/1064/00 3 May 2001 EAT The Honourable Mr Justice Charles Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â Medran Developments Ltd v Haworth [2001] UKEAT 428_01_0305 3 May 2001 EAT Employment [ Bailii ] Â Tokyo Diner Plc v S Matsumoto EAT/1064/00; EAT/1063/00; [2001] UKEAT 1063_00_0305 3 May 2001 EAT The Honourable Mr Justice Charles Employment The matter was due to come on for preliminary hearing. The respondent's solicitor was summoned to a medical appointment only the evening before. She attended the tribunal, but left before the case was called on. There was a dispute as to whether this had been with or without the consent of the applicant's representative. The case was heard in her absence. The respondent applied for a review, but it was refused. The tribunal had erred, since it failed to make a proper enquiry as to the circumstances behind the absence of the respondent's representative, and further their extended reasons failed to meet the appropriate standards. EAT Procedural Issues - Employment Tribunal 1 Cites [ Bailii ] Â P v National Association of School Masters/Union of Women Teachers Times, 03 May 2001 3 May 2001 QBD Employment, Education Action taken by teachers to refuse to teach a disruptive pupil was in the nature of industrial action. Encouragement to take such action by the teachers' union made the union responsible for such action. The breach related to a refusal to comply with the employer's requests as to the manner and circumstances of performance of the employment contract obligations. An accidental failure to ballot each and every union member of staff, was not sufficient to remove the union's exemption of liability where the mistake if corrected would clearly have made no difference to the result of the ballot. Trade Union and Labour Relations (Consolidation) Act 1992 235A 232B 1 Citers Â R Lewis v Royal Borough of Kingston EAT/0221/00 3 May 2001 EAT Her Honour Judge A Wakefield Employment EAT Procedural Issues - Employment Tribunal Â Rhys-Harper v Relaxion Group plc Times, 12 June 2001; Gazette, 14 June 2001; [2001] EWCA Civ 634; [2001] 2 CMLR 44; [2001] IRLR 460; [2001] ICR 1176; [2001] Emp LR 646 3 May 2001 CA Lord Justice Pill, Lord Justice Mantell And Lord Justice Buxton Discrimination, Employment A sex discrimination claim involving a claim by an employee for damages for sexual harassment, had to be made during the period of employment. An employer's failure to deal properly with an allegation of sexual harassment could itself be a detriment under the Act and Directive. The fact that the statutes against sex discrimination and race discrimination might have some disparities did not mean, that for this purpose at least, they could not be read similarly. The EAT had therefore been correct to follow the decision in Adekeye in this case. Sex Discrimination Act 1975 1 Cites 1 Citers [ Bailii ] Â HM Prison Service v Gundill [2001] UKEAT 1375_00_0405 4 May 2001 EAT Employment 1 Cites [ Bailii ] Â Ahmed v Hackney [2001] UKEAT 1221_00_0405 4 May 2001 EAT Employment [ Bailii ] Â Widders v Surrey County Council [2001] UKEAT 1319_00_0405 4 May 2001 EAT Employment [ Bailii ] Â TG Holdcroft (Holdings) Ltd v King [2001] UKEAT 119_00_0405 4 May 2001 EAT Employment [ Bailii ] Â Macpherson v Dean [2001] UKEAT 1321_00_0405 4 May 2001 EAT Employment [ Bailii ] Â Brown v Tomlinson and others (T/A Tomlinsons Dairies) [2001] UKEAT 0186_01_0405 4 May 2001 EAT Employment [ Bailii ] Â Mohammed v Hayes [2001] UKEAT 1290_00_0405 4 May 2001 EAT Employment [ Bailii ] Â Chief Constable of the Kent Constabulary v Kufeji [2001] UKEAT 1135_00_0405 4 May 2001 EAT Employment [ Bailii ] Â Hothi v Smurfit Tubes Ltd [2001] UKEAT 1297_00_0405 4 May 2001 EAT Employment [ Bailii ] Â A Mckenzie v East Sussex County Council [2001] UKEAT 1346_00_0405 4 May 2001 EAT Employment, Discrimination Disability Discrimination Act 1996 1 Cites 1 Citers [ Bailii ] Â Ladies Own (Uk) Ltd (T/A Ladies Own Slimming and Fitness Clubs) v Homewood [2001] UKEAT 1298_00_0405 4 May 2001 EAT Employment [ Bailii ] Â Cruse v Omega Selection Services Ltd [2001] UKEAT 1334_00_0405 4 May 2001 EAT Employment [ Bailii ] Â Edward Mellor and Co v Lonergan [2001] UKEAT 1461_00_0405 4 May 2001 EAT Employment [ Bailii ] Â Glass Systems (UK) Ltd v Allsopp [2001] UKEAT 177_01_0405 4 May 2001 EAT Employment [ Bailii ] Â Khalid v Bradford City Taxis Ltd and others [2001] UKEAT 1315_00_0405 4 May 2001 EAT Employment [ Bailii ] Â Ramsden-Cooke v Sherrrardswood School [2001] UKEAT 1356_00_0405 4 May 2001 EAT Employment [ Bailii ] Â Middlesbrough Borough Council v TGWU Unison EAT/26/00; [2001] UKEAT 26_00_0405; [2002] IRLR 332 4 May 2001 EAT His Honour Judge Peter Clark Employment, European The council sought to make redundancies because of its financial circumstances following re-organisation. The employees said the consultation procedure had been a sham. Held: Fair consultation involves giving the body consulted a fair and proper opportunity to understand fully the matters about which it is being consulted, and to express its views on those subjects, with the consulter thereafter considering those views properly and genuinely. That consultation was not to be as to the reasons for the proposals, but the employer could not do away with consultation because it would make no difference. The Tribunal was right to consider that the consultation was a sham insofar as the decision had already been taken by the time of the consultation. The tribunal had however made no finding as to the defence of special circumstances. The EAT found however that the decision of the tribunal was plainly and unarguably right, and that the error of law was of no effect. The appeal was dismissed. HHJ Clarke said: "(3) Subject-matter of consultation We have earlier observed that the employer is not obliged to consult as to his reasons for proposing redundancies: ex parte Vardy. However, consultation must ('shall') include consultation about ways of avoiding dismissals: reducing the number of employees to be dismissed and mitigating the consequences of the dismissal, and shall be undertaken with a view to reaching agreement with the unions: s .188(2)." Trade Union and Labour Relations (Consolidation) Act 1992 188(2)(a) 189 - Employment Tribunal Rules of Procedure 1993 10(3) 1 Cites 1 Citers [ Bailii ] - [ EATn ] Â Terry v Hoyer (UK) Ltd [2001] EWCA Civ 678 4 May 2001 CA Pill, Arden DBE, Dyson LJJ Employment [ Bailii ] Â Bank of Credit and Commerce International SA v Ali, Husain and Zafar [2001] EWCA Civ 636 4 May 2001 CA Damages, Employment [ Bailii ] Â Regina v Chief Constable of Merseyside Police, ex parte Carol Ann Bennion Times, 12 June 2001; Gazette, 21 June 2001; [2001] EWCA Civ 638; [2001] IRLR 442 4 May 2001 CA Human Rights, Employment, Police The claimant sought a judicial review against a Chief Constable against whose force she had made complaints of sex discrimination and victimisation, not to remit disciplinary proceedings against her under regulation 14 of the 1985 Regulations to another Chief Constable. Her complaint was that, in making that decision, he had not acted judicially. Held: The fact that a Chief Constable had been named as a defendant in proceedings brought by a constable, did not disqualify him from exercising his statutory duties as chief constable to hear disciplinary proceedings against the same constable. The regulations imposed an unequivocal duty on him to hear the complaint, and his general and continuing duties for the maintenance of discipline put him in a different position to that of a judge hearing a case. Police (Discipline) Regulations 1985 (1985 No 518) 13.1 1 Cites 1 Citers [ Bailii ] Â Oko-Jaja v Lewisham [2001] UKEAT 417_00_0805 8 May 2001 EAT Employment [ Bailii ] Â Hampshire Fire and Rescue Service v Carrington and others [2001] UKEAT 425_01_0805 8 May 2001 EAT Employment [ Bailii ] Â Griffin v Buckingham County Council [2001] UKEAT 1415_00_0805 8 May 2001 EAT Employment 1 Cites 1 Citers [ Bailii ] Â Amirthanayagam v Insolvency Service [2001] UKEAT 1474_00_0805 8 May 2001 EAT Employment [ Bailii ] Â Susan Foy As Chairperson of the Committee of Weaver Community Playgroup v K Brzezicki EAT/355/00 8 May 2001 EAT Mrs Recorder Cox Qc Employment EAT Contract of Employment - Breach of Contract. [ EATn ] Â Oko-Jaja v London Borough of Lewisham EAT/417/00 8 May 2001 EAT Mrs Recorder Cox Qc Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â National Trust for Places of Historic Interest Or Natural Beauty v Douglas [2001] UKEAT 1344_00_0805 8 May 2001 EAT Employment [ Bailii ] Â Susan Foy As Chairperson of the Committee of Weaver Community Playgroup v K Brzezicki EAT/355/00 8 May 2001 EAT Mrs Recorder Cox QC Employment The appellant had dismissed the respondent. She was given notice, but the tribunal found an agreement that she need not work her notice, and would be given pay in lieu, and that that agreement waived any breach of contract by the employee. Held: The decision was supported by evidence, and no error identified. EAT Contract of Employment - Breach of Contract Â Davisons Solicitors v Wright [2001] UKEAT 0447_00_0805 8 May 2001 EAT Employment 1 Citers [ Bailii ] Â Weaver Community Playgroup v Brzezicki [2001] UKEAT 355_00_0805 8 May 2001 EAT Employment [ Bailii ] Â Centuryan Security Services Ltd v Kelly [2001] UKEAT 0430_00_0805 8 May 2001 EAT Employment [ Bailii ] Â Oko-Jaja v London Borough of Lewisham EAT/417/00 8 May 2001 EAT Mrs Recorder Cox QC Discrimination, Employment, Costs The applicant had complained of disability discrimination, and failed. He had been ordered to pay a sum towards the costs of the respondent. He appealed that order. He had previously issued a complaint, and lost that complaint, being warned then of the possibility of such an order. This second complaint was of victimisation, but the decision makers knew nothing of his first complaint. His complaint was dismissed. The tribunal recognised the unreasonableness of his complaint, and the substantial cost to the respondent, and awarded £250 costs. The respondent cross appealed, saying that the award should not have been so limited. Held: In making that decision the tribunal had taken into account a suggestion that the appellant had had all relevant evidence available to him from an early stage. The nature of victimisation complaints is that they are difficult to prove, and it may often be proper for a complainant to rely upon the hope of cross examination. EAT Procedural Issues - Employment Tribunal Employment Tribunals Constitution and Procedure Regulations 1993 Sch 1 r 12 1 Cites Â Harris v Parker Pen Co Ltd [2001] UKEAT 22_01_0905 9 May 2001 EAT Employment [ Bailii ] Â Silvey v Pendragon Plc [2001] EWCA Civ 784 9 May 2001 CA Employment [ Bailii ] Â Cross v London Symphony Orchestra [2001] UKEAT 57_01_0905 9 May 2001 EAT Employment [ Bailii ] Â Actionfort Ltd (T/A Brooknight Security) v Benton [2001] UKEAT 1446_00_0905 9 May 2001 EAT Employment [ Bailii ] Â A W Ayobiojo v London Borough of Camden EAT/210/00 9 May 2001 EAT The Honourable Mr Justice Lindsay (President) Employment EAT Procedural Issues - Employment Tribunal Â Thurstan Hoskin v Jewill Hill and Bennett and others [2001] EWCA Civ 719 9 May 2001 CA Employment, Contract 1 Citers [ Bailii ] Â A W Ayobiojo v London Borough of Camden EAT/210/00 9 May 2001 EAT The Honourable Mr Justice Lindsay (President) Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â Lawal v Chesterfield Borough Council [2001] UKEAT 1362_00_0905 9 May 2001 EAT Lindsay P J Employment 1 Cites [ Bailii ] Â Eseru v British Home Stores [2001] UKEAT 1399_00_0905 9 May 2001 EAT Employment [ Bailii ] Â Ayobiojo v Camden [2001] UKEAT 210_00_0905 9 May 2001 EAT Employment, Discrimination [ Bailii ] Â Â Stevedoring and Haulage Services Limited v A M Fuller and others; CA 9-May-2001 - [2001] EWCA Civ 651; [2001] IRLR 627 Â Sema Group UK Ltd v Haddock [2001] UKEAT 1_01_0905 9 May 2001 EAT Employment 1 Citers [ Bailii ] Â Petrides v Direct Line Group Services Ltd [2001] UKEAT 0457_01_0905 9 May 2001 EAT Employment 1 Citers [ Bailii ] Â Parry v B and Q Plc [2001] UKEAT 1360_00_0905 9 May 2001 EAT Employment [ Bailii ] Â John Michael Cox and Cross v Sun Alliance Life Limited [2001] EWCA Civ 649; [2001] IRLR 448 9 May 2001 CA Employment [ Bailii ] Â Carter and Another v Stakis Plc and others [2001] UKEAT 1016_99_1005 10 May 2001 EAT Employment [ Bailii ] Â Leander v Goldsmith's College (University of London) [2001] UKEAT 1434_00_1105 11 May 2001 EAT Employment [ Bailii ] Â Collings v Enfield Community Care NHS Trust [2001] UKEAT 1390_00_1105 11 May 2001 EAT Employment [ Bailii ] Â Lofinmakin v Currie Motors Ltd [2001] UKEAT 1364_00_1105 11 May 2001 EAT Employment [ Bailii ] Â Hammond v Inland Revenue [2001] UKEAT 1455_00_1105 11 May 2001 EAT Employment [ Bailii ] Â Robertson v Royal Northern College of Music [2001] UKEAT 1449_00_1105 11 May 2001 EAT Employment [ Bailii ] Â Grant v Kent County Council [2001] UKEAT 30_01_1105 11 May 2001 EAT Employment 1 Cites 1 Citers [ Bailii ] Â Ms A A Adepoju v Whitbread Plc T/A Whitbread Hotels EAT/0809/00 11 May 2001 EAT Her Honour Judge A Wakefield Employment EAT Jurisdiction - (no sub-topic). [ EATn ] Â Adepoju v Whitbread Plc (T/A Whitbread Hotels) [2001] UKEAT 0809_00_1105 11 May 2001 EAT Employment [ Bailii ] Â Ipa Systems Ltd v Oberoi [2001] UKEAT 1349_00_1105 11 May 2001 EAT Employment [ Bailii ] Â A A Adepoju v Whitbread Plc T/A Whitbread Hotels EAT/0809/00 11 May 2001 EAT Her Honour Judge A Wakefield Employment EAT Jurisdiction - Â Metanie v Pertemps Recruitment Partnership Ltd ((T/A Pertemps Industrial Contracts) [2001] UKEAT 1389_00_1105 11 May 2001 EAT Employment 1 Citers [ Bailii ] Â Okponobi v Holland and Barrett Retail Ltd and others [2001] UKEAT 1269_00_1105 11 May 2001 EAT Employment [ Bailii ] Â Dent v Bracknell and Wokingham College [2001] UKEAT 1488_00_1405 14 May 2001 EAT Employment [ Bailii ] Â J Gray v Sefton Metropolitan Borough Council EAT/37/00 14 May 2001 EAT Mr Recorder Underhill Qc Employment EAT Unlawful Deduction from Wages - (no sub-topic). [ EATn ] Â Gray v Sefton Metropolitan Borough Council [2001] UKEAT 37_00_1405 14 May 2001 EAT Employment [ Bailii ] Â Bickerstaff (T/A Costcutters) v Bashford [2001] UKEAT 1458_00_1405 14 May 2001 EAT Employment [ Bailii ] Â Varley v Gill [2001] UKEAT 1456_00_1405 14 May 2001 EAT Employment [ Bailii ] Â J Gray v Sefton Metropolitan Borough Council EAT/37/00 14 May 2001 EAT Mr Recorder Underhill QC Employment EAT Unlawful Deduction from Wages - Â Llewellyn Ryland Ltd v P J Jones, D Kemp EAT/912/99 , EAT/1286/99 15 May 2001 EAT The Honourable Mr Justice Charles Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â Annette Marenghi v the Western Baths Club EAT/1508/00 15 May 2001 EAT The Honourable Mr Justice Lindsay (President) Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â Grampian Country Chickens (Rearing) Ltd v David M Paterson EAT/1358/00 15 May 2001 EAT The Honourable Mr Justice Lindsay (President) Employment EAT Jurisdiction - (no sub-topic). [ EATn ] Â Green v Elan Care Ltd [2001] UKEAT 18_01_1505 15 May 2001 EAT Employment [ Bailii ] Â Portable Add-Ons (Uk) Ltd and Another v Williams and Another [2001] UKEAT 1293_00_1505 15 May 2001 EAT Employment [ Bailii ] Â Grampian Country Chickens (Rearing) Ltd v David M Paterson EAT/1358/00 15 May 2001 EAT The Honourable Mr Justice Lindsay (President) Employment EAT Jurisdiction - Â Â Akram v Switchgear and Instrumental Ltd and Another; CA 15-May-2001 - [2001] EWCA Civ 728 Â Vytelingum v Camden and Islington Community Health NHS Trust [2001] EWCA Civ 727 15 May 2001 CA Employment [ Bailii ] Â Marenghi v The Western Baths Club [2001] UKEAT 1508_00_1505 15 May 2001 EAT Lindsay J P Employment, Scotland EAT The claimant appealed against a finding that she had not been unfairly dismissed after she had refused what the employer said was an appropriate alternative position. Employment Rights Act 1996 98 [ Bailii ] Â Llewellyn Ryland Ltd v P J Jones D Kemp EAT/1286/99; EAT/912/99 15 May 2001 EAT The Honourable Mr Justice Charles Employment EAT Unfair Dismissal - Reason for Dismissal Â Annette Marenghi v the Western Baths Club EAT/1508/00 15 May 2001 EAT The Honourable Mr Justice Lindsay (President) Employment EAT Unfair Dismissal - Reason for Dismissal Â Pimblett and Sons Ltd v Owen [2001] UKEAT 168_01_1505 15 May 2001 EAT Employment [ Bailii ] Â William S Thomson v Ministry of Defence (Army) EAT/1519/00 16 May 2001 EAT The Honourable Mr Justice Lindsay (President) Employment EAT Insolvent Employer - Â London Borough of Tower Hamlets v Stephen Harry Buller and others EAT/1445/99 16 May 2001 EAT The Honourable Mr Justice Charles Employment EAT Unfair Dismissal - Procedural Fairness Â D Garrett v B Goodbody EAT/0603/00; [2001] UKEAT 0603_00_1605 16 May 2001 EAT Her Honour Judge Wakefield Employment EAT Working Time Regulations [ Bailii ] Â Rhodi Manufacturing Ltd v Bhayat [2001] UKEAT 1274_00_1605 16 May 2001 EAT Employment [ Bailii ] Â London Borough of Tower Hamlets v Stephen Harry Buller and others EAT/1445/99 16 May 2001 EAT The Honourable Mr Justice Charles Employment EAT Unfair Dismissal - Procedural Fairness Â Tower Hamlets v Stephen Harry Buller and others [2001] UKEAT 1445_99_1605 16 May 2001 EAT Employment [ Bailii ] Â Webb v Pcl Security [2001] UKEAT 0805_00_1605 16 May 2001 EAT Employment [ Bailii ] Â Willis v and Nankoo (T/A Clifton Rest Homes) [2001] UKEAT 1027_00_1605 16 May 2001 EAT Employment [ Bailii ] Â Briggs v Bhatti [2001] UKEAT 1392_00_1605 16 May 2001 EAT Employment [ Bailii ] Â William S Thomson v Ministry of Defence (Army) EAT/1519/00 16 May 2001 EAT The Honourable Mr Justice Lindsay (President) Employment EAT Insolvency - (no sub-topic) [ EATn ] Â Jackson v East Sussex County Council [2001] UKEAT 1377_99_1605 16 May 2001 EAT Employment [ Bailii ] Â D Garrett v B Goodbody EAT/0603/00 16 May 2001 EAT Her Honour Judge Wakefield Employment EAT Working Time Regulations - (no sub-topic). [ EATn ] Â London Borough of Tower Hamlets v Stephen Harry Buller and others EAT/1445/99 16 May 2001 EAT The Honourable Mr Justice Charles Employment EAT Unfair Dismissal - Procedural fairness/automatically unfair dismissal. [ EAT ] Â Cosgrove v Messrs Caesar and Howie [2001] UKEAT 1432_00_1705; [2001] Emp LR 1285; [2001] IRLR 653 17 May 2001 EAT Lindsay J P Employment, Discrimination Appeal against dismissal of unfair dismissal and disability discrimination claims. [ Bailii ] Â Greenhalf and Another v OCS Cleaning South Ltd and Another [2001] UKEAT 0426_00_1705 17 May 2001 EAT Employment [ Bailii ] Â M U Hassan v Muslim Aid EAT/0412/00 17 May 2001 EAT Her Honour Judge A Wakefield Employment EAT Unfair Dismissal - Compensation. [ EATn ] Â Ms Veronica Cosgrove v Messrs Caesar and Howie EAT/1432/00 17 May 2001 EAT The Honourable Mr Justice Lindsay (President) Employment EAT Contract of Employment - Written particulars. [ EATn ] Â Olafur Helgi Jonsson v Intelscan Ltd EAT/1465/00 17 May 2001 EAT The Honourable Mr Justice Lindsay (President) Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â Olafur Helgi Jonsson v Intelscan Ltd EAT/1465/00 17 May 2001 EAT The Honourable Mr Justice Lindsay (President) Employment EAT Procedural Issues - Employment Tribunal Â Veronica Cosgrove v Messrs Caesar and Howie EAT/1432/00 17 May 2001 EAT The Honourable Mr Justice Lindsay (President) Employment EAT Contract of Employment - Written Particulars Â Hassan v Muslim Aid [2001] UKEAT 0412_00_1705 17 May 2001 EAT Employment [ Bailii ] Â M U Hassan v Muslim Aid EAT/0412/00 17 May 2001 EAT Her Honour Judge A Wakefield Employment EAT Unfair Dismissal - Compensation Â Ovum Ltd v Tuckett [2001] UKEAT 0546_01_1705 17 May 2001 EAT Employment [ Bailii ] Â Â O'Donoghue v Redcar and Cleveland Borough Council; CA 17-May-2001 - [2001] EWCA Civ 701; [2001] IRLR 615; [2001] Emp LR 711 Â M U Hassan v Muslim Aid EAT/0412/00 17 May 2001 EAT Her Honour Judge A Wakefield Employment EAT Unfair Dismissal - Compensation Â Veronica Cosgrove v Messrs Caesar and Howie EAT/1432/00 17 May 2001 EAT The Honourable Mr Justice Lindsay (President) Employment EAT Contract of Employment - Written Particulars Â Olafur Helgi Jonsson v Intelscan Ltd EAT/1465/00 17 May 2001 EAT The Honourable Mr Justice Lindsay (President) Employment EAT Procedural Issues - Employment Tribunal Â Miller v Essex County Council Melbourne Park Primary School [2001] UKEAT 19_01_1805 18 May 2001 EAT Employment [ Bailii ] Â John Mills Builders v Armstrong [2001] UKEAT 58_01_1805 18 May 2001 EAT Employment [ Bailii ] Â John Reginald Matthews v Pirelli Construction Co Ltd EAT/1466/00 18 May 2001 EAT The Honourable Mr Justice Lindsay (President) Employment EAT Unfair Dismissal - Contributory fault. [ EATn ] Â Matthews v Pirelli Construction Co Ltd EAT/1466/00 18 May 2001 EAT The Honourable Mr Justice Lindsay (President) Employment EAT Unfair Dismissal - Contributory Fault Â Johnson v Eales and others [2001] UKEAT 29_01_1805 18 May 2001 EAT Employment [ Bailii ] Â Edwards v Waltham Forest and others [2001] UKEAT 317_00_2105 21 May 2001 EAT Employment [ Bailii ] Â Simms and others v Transco Plc [2001] EWCA Civ 921 21 May 2001 CA Employment [ Bailii ] Â Bibby v Hurel-Dubois UK Ltd [2001] UKEAT 1453_00_2105 21 May 2001 EAT Employment [ Bailii ] Â Bostock v Platsoft [2001] UKEAT 62_01_2105 21 May 2001 EAT Employment [ Bailii ] Â Ali v Glaxo Wellcome Plc [2001] UKEAT 81_01_2105 21 May 2001 EAT Employment [ Bailii ] Â Zaman v Defence Evaluation Research Agency (CDA Sector) [2001] UKEAT 547_01_2205 22 May 2001 EAT Employment 1 Citers [ Bailii ] Â D'Souza vLambeth [2001] UKEAT 0395_99_2205 22 May 2001 EAT Employment, Discrimination [ Bailii ] Â D'Souza v Ousley and Another [2001] UKEAT 23_00_2205 22 May 2001 EAT Employment The claimants appeal had been struck out after the Tribunal, having demanded a sworn statement of truth to support the allegation of misbehaviour in the court, and the claimant had repeatedly failed to provide one. Held: The rules only required that a sworn affidavit would 'nornally' be required. It was not absolute. The strike out for this reason would be set aside. An order was made requiring the claimant to file particularised allegations for the cases to proceed. [ Bailii ] Â McDade v Critchlow and others [2001] EWCA Civ 915 22 May 2001 CA Employment [ Bailii ] Â Warden v Anglia and Oxford Regional Health Authority [2001] UKEAT 68_96_2205 22 May 2001 EAT Employment [ Bailii ] Â Raza v Btr Sealing Systems (Uk) Ltd [2001] UKEAT 1485_00_2305 23 May 2001 EAT Employment [ Bailii ] Â Mayers v Corporation of London and Another [2001] UKEAT 0812_00_2305 23 May 2001 EAT Employment [ Bailii ] Â Paterson v Council of the City of Newcastle Upon Tyne [2001] UKEAT 958_99_2305 23 May 2001 EAT Employment [ Bailii ] Â Marshall v Kvaerner E and C UK Ltd [2001] UKEAT 1506_00_2305 23 May 2001 EAT Employment [ Bailii ] Â Wheeler and Another v Durham County Council [2001] EWCA Civ 844 23 May 2001 CA Lord Philips MR, Pill, Arden LJJ Employment 1 Cites [ Bailii ] Â Kyi v Post Office [2001] UKEAT 1093_00_2305 23 May 2001 EAT Employment [ Bailii ] Â CapodICI v Thames and Chiltern Trust Ltd [2001] UKEAT 0606_00_2305 23 May 2001 EAT Employment [ Bailii ] Â Affleck and Another v Ferguson and others [2001] UKEAT 947_00_2305 23 May 2001 EAT Employment [ Bailii ] Â Medway Council v Mccarthy [2001] UKEAT 0581_01_2405 24 May 2001 EAT Employment [ Bailii ] Â Â Allen v Oliver Group Plc and Another; CA 24-May-2001 - [2001] EWCA Civ 806 Â Hilton v Shiner Ltd-Builders Merchants [2001] UKEAT 9_00_2405 24 May 2001 EAT Employment [ Bailii ] Â Odoemelam v Carr-Gomm Society Ltd [2001] UKEAT 0152_01_2405 24 May 2001 EAT Employment [ Bailii ] Â Raja v Jack Hunt School and Another [2001] UKEAT 1502_00_2405 24 May 2001 EAT Employment [ Bailii ] Â Africa Advocacy Foundation v Kiwanuka [2001] UKEAT 0164_01_2405 24 May 2001 EAT Employment [ Bailii ] Â Â Donald D'Souza v London Borough of Lambeth; CA 25-May-2001 - [2001] EWCA Civ 794 Â Â P v National Association of School Masters/Union of Women Teachers; CA 25-May-2001 - Times, 25 May 2001; [2001] ICR 1241; [2001] EWCA Civ 652 Â Ekpe v Commissioner of Police of the Metropolis EAT/1044/00; [2001] UKEAT 1044_00_2505; [2001] ICR 1084 25 May 2001 EAT Mr Recorder Langstaff QC Discrimination, Employment EAT Disability Discrimination - Disability Langstaff QC R said: "The question whether the impact of the impairment is upon normal day-to-day activities is, of course, judged by asking whether or not any of the abilities, capacities, or capabilities (whichever expression is adopted) referred to in Paragraph 4(1) of the Schedule to the 1995 Act has been affected. If it is, then it must be almost inevitable that there will be some adverse effect upon normal day-to-day activities. An impairment of manual dexterity – to take that as an example – is almost bound to affect a myriad of individual activities, not all of which could satisfactorily be listed even by the most able and eloquent of applicants. Assuming for the moment, without deciding (because the contrary interpretation is not necessary for the resolution of this case), that an impairment in any of the capacities listed at Paragraph 4(1) is not in itself determinative of the question of impact on normal day-to-day activities, but that the impairment must be shown to have some such effect, it nonetheless seems to us that it will only be in the most exceptional case that any such impairment will not do so. If there were some impairment that affected the concert pianist only in his ability to manipulate the keys of his piano, it would affect his manual dexterity but would not affect normal day-to-day activities within the meaning of the Act: but it is difficult to contemplate what the nature of an impairment might be that had such a selective effect. In most normal cases it is likely that the answer to the question "Has a Paragraph 4(1) ability been affected?" will also answer the question whether there has been an impact on normal day-to-day activities." Disability Discrimination Act 1995 1 Cites 1 Citers [ Bailii ] - [ EATn ] Â Robert Jardine Sweeney v Chief Constable, Ministry of Defence Police EAT/70/01 28 May 2001 EAT The Honourable Lord Johnston Employment EAT Jurisdiction - Â Robert Jardine Sweeney v Chief Constable, Ministry of Defence Police EAT/70/01 28 May 2001 EAT The Honourable Lord Johnston Employment EAT Jurisdiction - Â Robert Jardine Sweeney v Chief Constable, Ministry of Defence Police EAT/70/01 28 May 2001 EAT The Honourable Lord Johnston Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â Ministry of Defence (Army Base Repair Organisation) v Alan Ely EAT/39/01 29 May 2001 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Compensation. [ EATn ] Â Ministry of Defence (Army Base Repair Organisation) v Alan Ely EAT/39/01 29 May 2001 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Reason for Dismissal Â Transport and General Workers Union v James Mckinnon, J R (Haulage) Ltd, John Maitland and Sons, Bibby Distribution Services EAT/103/01; [2001] IRLR 597 29 May 2001 EAT The Honourable Lord Johnston Employment EAT Transfer of Undertakings - Transfer. Transfer of Undertakings (Protection of Employment) Regulations 1981 1 Cites 1 Citers [ EAT ] Â James Shannon Forrester v Secretary of State for Trade and Industry EAT/72/01 30 May 2001 EAT The Honourable Lord Johnston Employment EAT Contract of Employment - Definition of Employee Â Elizabeth Mary Harman v Town and Country Veterinary Group EAT/71/01 30 May 2001 EAT The Honourable Lord Johnston Employment EAT Procedural Issues - Employment Tribunal 1 Citers Â James Shannon Forrester v Secretary of State for Trade and Industry EAT/72/01 30 May 2001 EAT The Honourable Lord Johnston Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â Elizabeth Mary Harman v Town and Country Veterinary Group EAT/71/01 30 May 2001 EAT The Honourable Lord Johnston Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â James Shannon Forrester v Secretary of State for Trade and Industry EAT/72/01 30 May 2001 EAT The Honourable Lord Johnston Employment EAT Contract of Employment - Definition of Employee Â University of Glasgow v Rahul Jindal EAT/74/01 31 May 2001 EAT The Honourable Lord Johnston Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â University of Glasgow v Rahul Jindal EAT/74/01 31 May 2001 EAT The Honourable Lord Johnston Discrimination, Information, Employment The University appealed orders made for the discovery of documents. The claimant asserted race discrimination, and sought the references which the University had said had informed its decision on the appointment complained of. Held: A difficult balance was to be found, but where the respondents rely upon particular documents, the interest of fairness normally dictate that the applicant should have sight of them, and be aware of their authorship. The right test is not only relevance, but also whether it was necessary to disclose the material in order to dispose fairly of the proceedings. EAT Procedural Issues - Employment Tribunal 1 Cites Â Green v Robins and Day Ltd (T/A Warwick Wright Clapham) [2001] UKEAT 83_01_0506 5 Jun 2001 EAT Employment [ Bailii ] Â Â Post Office v Jones; CA 5-Jun-2001 - Times, 05 June 2001; [2001] ICR 805 ; [2001] EWCA Civ 558; [2001] Emp LR 527; [2001] IRLR 384 Â Jiad v BBC World Service and others [2001] UKEAT 1007_99_0506 5 Jun 2001 EAT Employment [ Bailii ] Â Copland v Technical Demolition Services [2001] UKEAT 16_01_0506 5 Jun 2001 EAT Employment [ Bailii ] Â Cosmosair Plc v Baldiston [2001] UKEAT 0539_01_0506 5 Jun 2001 EAT Employment [ Bailii ] Â Lidl UK Gmbh v Deering [2001] UKEAT 07_01_0506 5 Jun 2001 EAT Employment [ Bailii ] Â Newcastle City Council v Gillon [2001] UKEAT 309_01_0506 5 Jun 2001 EAT Employment [ Bailii ] Â Cunningham v P and O Trans European Ltd [2001] UKEAT 165_01_0606 6 Jun 2001 EAT Employment [ Bailii ] Â Darkwa v Ncp/Sureway Ltd [2001] UKEAT 0741_00_0606 6 Jun 2001 EAT Employment [ Bailii ] Â Deman v Association of University Teachers and Another [2001] UKEAT 1311_00_0606 6 Jun 2001 EAT Employment Appeal against order of tribunal for adjournment to allow vexatious litigant application against the applicant. Employment Tribunals Act 1996 33 1 Cites 1 Citers [ Bailii ] Â Ruby v Kings Lynn and Wisbech Hospitals NHS Trust [2001] UKEAT 496_00_0606 6 Jun 2001 EAT Charles J Employment 1 Cites [ Bailii ] Â Hobson v Hackney [2001] UKEAT 1363_00_0606 6 Jun 2001 EAT Employment [ Bailii ] Â Gould v Haileybury and Imperial Service College and Another [2001] UKEAT 635_00_0606 6 Jun 2001 EAT Employment 1 Cites 1 Citers [ Bailii ] Â Gould v Haileybury and Imperial Service College and Another [2001] UKEAT 1191_00_0606 6 Jun 2001 EAT Employment 1 Cites 1 Citers [ Bailii ] Â Kuttappan v Boyden and Another [2001] UKEAT 1468_00_0606 6 Jun 2001 EAT Employment [ Bailii ] Â Gould v Haileybury and Imperial Service College and Another [2001] UKEAT 1136_00_0606 6 Jun 2001 EAT Employment 1 Cites 1 Citers [ Bailii ] Â Gould v Haileybury and Imperial Service College and Another [2001] UKEAT 769_00_0606 6 Jun 2001 EAT Employment 1 Cites 1 Citers [ Bailii ] Â Gould v Haileybury and Imperial Service College and Another [2001] UKEAT 1057_00_0606 6 Jun 2001 EAT Employment 1 Cites 1 Citers [ Bailii ] Â Post Office v Liddiard [2001] EWCA Civ 940 7 Jun 2001 CA Employment Whether employer entitled to dismiss an employee convicted of football hooliganism. [ Bailii ] Â Crook v Royal Air Force [2001] UKEAT 0263_00_0706 7 Jun 2001 EAT Employment [ Bailii ] Â Mb Supply Co Ltd (T/A Mb Bearings and Transmissions) v Ralphs [2001] UKEAT 0330_00_0706 7 Jun 2001 EAT Employment [ Bailii ] Â Drury v Bedford Hospital NHS Trust [2001] UKEAT 1402_00_0706 7 Jun 2001 EAT Employment [ Bailii ] Â Richmond Inn Hotels Ltd v Morcillo [2001] UKEAT 1511_00_0706 7 Jun 2001 EAT Employment [ Bailii ] Â Â MB Supply Co Ltd T/A MB Bearings and Transmissions v S Ralphs; EAT 7-Jun-2001 - EAT/0330/00 Â Â National Grid Co Plc v Mayes and Others; International Power Plc (Formerly National Power Plc) v Healy and Others; HL 7-Jun-2001 - Times, 10 April 2001; Gazette, 07 June 2001; [2001] UKHL 20; [2001] 2 All ER 417; [2001] 1 WLR 864 Â Skidmore v Dartford and Gravesham NHS Trust [2001] EWCA Civ 870 7 Jun 2001 CA Employment 1 Cites 1 Citers [ Bailii ] Â Witley and District Mens Club v I D Mackay EAT/151/00 7 Jun 2001 EAT Miss Recorder Elizabeth Slade Qc Employment EAT Working Time Regulations - (no sub-topic). [ EATn ] Â Witley and District Mens Club v Mackay [2001] UKEAT 151_00_0706 7 Jun 2001 EAT Employment [ Bailii ] Â Â MB Supply Co Ltd T/A MB Bearings and Transmissions v S Ralphs; EAT 7-Jun-2001 - EAT/0330/00 Â Witley and District Mens Club v I D Mackay EAT/151/00 7 Jun 2001 EAT Miss Recorder Elizabeth Slade QC Employment EAT Working Time Regulations - Â Witley and District Mens Club v I D Mackay EAT/151/00 7 Jun 2001 EAT Miss Recorder Elizabeth Slade QC Employment EAT Working Time Regulations - Â Sarah Dummett v American Express Services Europe Ltd EAT/160/00; [2001] UKEAT 160_00_0806 8 Jun 2001 EAT His Honour Judge Peter Clark Employment EAT Unfair Dismissal - Constructive Dismissal [ Bailii ] - [ EAT ] Â The British Nursing Assocation v The Inland Revenue, National Minimum Wage Compliance Team EAT/1387/00 8 Jun 2001 EAT His Honour Judge Altman Employment EAT National Minimum Wage [ EAT ] Â British Nursing Association v Inland Revenue [2001] UKEAT 1387_00_0806 8 Jun 2001 EAT Employment National Minimum Wage Regulations 1999 15 [ Bailii ] Â Jones v Davison C E High School for Girls [2001] UKEAT 67_01_0806 8 Jun 2001 EAT Employment [ Bailii ] Â The British Nursing Assocation v The Inland Revenue National Minimum Wage Compliance Team EAT/1387/00; (2001) IRLR 659 8 Jun 2001 EAT His Honour Judge Altman Employment The applicants appealed a finding that their employees were workers within the regulations. The question related to whether bank nurses, who were available to be called on the telephone at home during the night, were working as they waited. The words 'on-call' cold not be used simply. The Tribunal is to look at the ingredients of the particular case and the type of work involved, and the different elements to see if they can properly be described as work. A person awaiting calls, could not control the hour at which he might be called, and therefore had to restrict his activities to be available. The fact that pay was not related to the number of calls was also relevant. The Tribunal's finding of fact was not to be disturbed. There is no general principle to apply to home work in defining whether or not a worker is working. EAT National Minimum Wage EAT National Minimum Wage - National Minimum Wage Regulations 1999 (1999 No 584) 15(1) 1 Citers Â Robertson v Hymers College [2001] UKEAT 1517_00_0806 8 Jun 2001 EAT Employment [ Bailii ] Â Hertz (Uk) Ltd v Todd [2001] UKEAT 0324_00_1106 11 Jun 2001 EAT Employment [ Bailii ] Â Vaknin v Wymondham Leisure Centre [2001] UKEAT 0684_00_1106 11 Jun 2001 EAT Employment [ Bailii ] Â M D Adams v Leicestershire Youth Training Trust EAT/0378/00 11 Jun 2001 EAT Mr Commissioner Howell Qc Employment EAT Procedural Issues - Employment Appeal Tribunal. [ EATn ] Â Sosta v Grant Thornton [2001] UKEAT 0147_01_1106 11 Jun 2001 EAT Employment [ Bailii ] Â Adams v Leicestershire Youth Training Trust [2001] UKEAT 0378_00_1106 11 Jun 2001 EAT Employment [ Bailii ] Â Consignia (Formerly the Post Office) v Sealy [2001] UKEAT 0521_01_1106 11 Jun 2001 EAT Employment 1 Citers [ Bailii ] Â Â Richardson (Inspector of Taxes) v Delaney; ChD 11-Jun-2001 - Times, 11 July 2001; Gazette, 09 August 2001 Â M D Adams v Leicestershire Youth Training Trust EAT/0378/00 11 Jun 2001 EAT Mr Commissioner Howell QC Employment EAT Procedural Issues - Employment Appeal Tribunal Â M D Adams v Leicestershire Youth Training Trust EAT/0378/00 11 Jun 2001 EAT Mr Commissioner Howell QC Employment EAT Procedural Issues - Employment Appeal Tribunal Â Blp UK Ltd v Marsh [2001] UKEAT 0187_01_1206 12 Jun 2001 EAT Employment [ Bailii ] Â Barrett v Wakefield and Pontefract Community Health NHS Trust [2001] UKEAT 0180_01_1206 12 Jun 2001 EAT Employment [ Bailii ] Â Barnardos v Bogle [2001] UKEAT 0181_01_1206 12 Jun 2001 EAT Employment [ Bailii ] Â Nestle UK Ltd v Johnson [2001] UKEAT 1327_00_1206 12 Jun 2001 EAT Employment [ Bailii ] Â Friend v Hazemead Ltd [2001] UKEAT 0143_01_1306 13 Jun 2001 EAT Employment [ Bailii ] Â Law Hospitals NHS Trust v Rush [2001] IRLR 611; 2001 GWD 21-810; [2001] ScotCS 149; 2002 SC 24; 2002 SLT 7 13 Jun 2001 SCS Lord Kirkwood Scotland, Employment, Discrimination The claimant had said that the effect of her dyslexia was to inhibit her career progress. Held:It was right for a tribunal to have regard to how an applicant could carry out duties at work in deciding whether she was within the Disability Discrimination Act. Evidence of how the claimant carries out normal day-to-day activities while at work is relevant evidence. However, on the facts, the decision that the claimant was disabled should not be disturbed. Disability Discrimination Act 1995 1 Citers [ Bailii ] Â Bailey v Snell and Wilcox Ltd [2001] UKEAT 1042_99_1306 13 Jun 2001 EAT Employment [ Bailii ] Â Williamson v Karl Suss (Gb) Ltd [2001] UKEAT 0491_01_1306 13 Jun 2001 EAT Employment [ Bailii ] Â Law Hospital NHS Trust v Rush; re an Order and Justment of the Employment Appeal Tribunal Dated 21st January 2000 [2001] ScotCS 149; 2002 SC 24; [2001] IRLR 611 13 Jun 2001 IHCS Lord Kirkwood Scotland, Employment Disability Discrimination Act 1995 1 Cites 1 Citers [ Bailii ] - [ ScotC ] Â Andrew Philip Smith v American Life Insurance Company EAT/0280/00 13 Jun 2001 EAT His Honour Judge J Altman Employment EAT Contract of Employment - Breach of Contract. [ EATn ] Â London Borough of Hounslow v Bhatt [2001] UKEAT 337_99_1306 13 Jun 2001 EAT Employment [ Bailii ] Â Smith v American Life Insurance Company [2001] UKEAT 0280_00_1306 13 Jun 2001 EAT Employment [ Bailii ] Â De Jong v Silvertech Ltd [2001] UKEAT 1499_00_1306 13 Jun 2001 EAT Employment [ Bailii ] Â Andrew Philip Smith v American Life Insurance Company EAT/0280/00 13 Jun 2001 EAT His Honour Judge J Altman Employment EAT Contract of Employment - Breach of Contract Â Andrew Philip Smith v American Life Insurance Company EAT/0280/00 13 Jun 2001 EAT His Honour Judge J Altman Employment The employee was dismissed but before disciplinary proceedings were concluded. The allegations relating to those proceedings were no longer in issue. The tribunal found that she was entitled to one weeks wages in contract, in lieu of the notice provided under the contract. She contended that the contractual provisions relating to the disciplinary period extended that notice period to the end of the disciplinary proceedings. The EAT found that given the conflict in the contract, the tribunal was obliged to interpret that in favour of the applicant, and so had erred. EAT Contract of Employment - Breach of Contract Â Haydock v G D Cocker and Sons Ltd [2001] UKEAT 0135_00_1306 13 Jun 2001 EAT Employment [ Bailii ] Â Boardman v Copeland Borough Council [2001] EWCA Civ 888 13 Jun 2001 CA Schiemann LJ Employment, Damages The claimant had “neither pleaded nor shown any damage to him during the course of his employment which resulted from his employer’s conduct. The only damage which is demonstrated is that which followed from his dismissal and, arguably, the manner of his dismissal. That damage if it exists has been held in Johnson to be irrecoverable in a Common Law action”. 1 Cites 1 Citers [ Bailii ] Â Snell and Wilcox Ltd v Sutcliffe [2001] UKEAT 596_01_1306 13 Jun 2001 EAT Employment [ Bailii ] Â Farrell v Ford Motor Company Ltd [2001] UKEAT 94_01_1406 14 Jun 2001 EAT Employment [ Bailii ] Â Met Office v Edgar [2001] UKEAT 1448_00_1406 14 Jun 2001 EAT Employment [ Bailii ] Â Nationwide Computer Care Ltd v Hyne and others [2001] UKEAT 0283_01_1406 14 Jun 2001 EAT Employment [ Bailii ] Â Lardier v British Gas Research and Technology Plc [2001] EWCA Civ 929 14 Jun 2001 CA Employment 1 Cites [ Bailii ] Â The Meteorological Office v R Edgar Times, 15 August 2001; EAT/1448/00 14 Jun 2001 EAT His Honour Judge Peter Clark Employment The employee alleged harassment and bullying against a more senior officer. After an investigation and appeal, the respondent found against the applicant, and withdrew his work on the television. He complained that he had been made subject to detrimental treatment for making a protected disclosure. The employer said that the events of which he had complained had taken place before the Act came into effect, and the Act not being retrospective, the disclosure was not protected, and the tribunal had no jurisdiction. The court held that there was no requirement that the acts should have occurred after the Act came into effect. No injustice had fallen on the employer, and the tribunal had jurisdiction. EAT Jurisdiction - Public Interest Disclosure Act 1998 - Employment Rights Act 1996 49B Â Woollam v Blackpool Borough Council [2001] UKEAT 0279_01_1406 14 Jun 2001 EAT Employment [ Bailii ] Â the Met Office v R Edgar EAT/1448/00 14 Jun 2001 EAT His Honour Judge Peter Clark Employment EAT Jurisdiction - (no sub-topic). [ EATn ] Â Musungay and Another v Long [2001] UKEAT 1310_00_1506 15 Jun 2001 EAT Employment [ Bailii ] Â Hutchinson and Another v Sds Construction Services Ltd [2001] UKEAT 0235_01_1506 15 Jun 2001 EAT Employment [ Bailii ] Â Bhatty v Miller Group Ltd [2001] UKEAT 114_01_1506 15 Jun 2001 EAT Employment [ Bailii ] Â Leggett v Waterstones Booksellers Ltd [2001] UKEAT 0116_01_1506 15 Jun 2001 EAT Employment [ Bailii ] Â Devenney v Initial Deborah Services Ltd [2001] UKEAT 0137_01_1506 15 Jun 2001 EAT Employment [ Bailii ] Â Baines v on Line Finance Ltd [2001] UKEAT 0123_01_1506 15 Jun 2001 EAT Employment [ Bailii ] Â Â Multisecure Ltd v Varsani; EAT 15-Jun-2001 - [2001] UKEAT 0253_01_1506 Â Samuel Gyaniao v Design Corner Ltd EAT/0204/00; [2001] UKEAT 0204_00_1506 15 Jun 2001 EAT His Honour Judge J Altman Employment The employee sought to appeal a decision at a preliminary hearing that he had not been dismissed. He had asserted that the employment contract was illegal because income tax and NI contributions were not being deducted properly, and therefore was not justiciable, but that since he was unaware of the illegality, he could seek to enforce it. Held: The ET erred in not identifying the correct legal test and in making findings of fact and conclusions which did not on the face of the decision satisfy the legal questions they had to answer. The appeal was allowed and the case remitted to a different tribunal. EAT Jurisdiction - 1 Cites [ Bailii ] - [ EAT ] Â Pattni v Skylord Travel and Tours Ltd [2001] UKEAT 0127_01_1506 15 Jun 2001 EAT Employment [ Bailii ] Â Saudi Research and Marketing (Uk) Ltd v Nasrallah [2001] UKEAT 647_01_1506 15 Jun 2001 EAT Employment [ Bailii ] Â Smyth v London General Transport Service [2001] UKEAT 1452_99_1506 15 Jun 2001 EAT Employment [ Bailii ] Â T J Fabrications Ltd v Maloney [2001] UKEAT 33_01_1506 15 Jun 2001 EAT Employment [ Bailii ] Â Tourell v Minister for Cabinet Office and Another [2001] EWCA Civ 1061 15 Jun 2001 CA Peter Gibson J Employment [ Bailii ] Â Wallwork v Land Registry [2001] UKEAT 138_01_1506 15 Jun 2001 EAT Employment [ Bailii ] Â Donald v M W Pearce Ltd [2001] UKEAT 188_00_1806 18 Jun 2001 EAT Employment [ Bailii ] Â Fontana (GB) Ltd v Fabio [2001] UKEAT 140_01_1806 18 Jun 2001 EAT Employment [ Bailii ] Â Omoqui v Otto Schiff Housing Association [2001] UKEAT 454_01_1806 18 Jun 2001 EAT Employment [ Bailii ] Â H Donald v M W Pearce Ltd EAT/188/00 18 Jun 2001 EAT Mr Commissioner Howell Qc Employment EAT Contract of Employment - Breach of Contract. [ EATn ] Â Dr (Mrs) U A Uruakpa v Royal College of Veterinary Surgeons EAT/1074/98 18 Jun 2001 EAT His Honour Judge J Altman Employment EAT Human Rights - (no sub-topic). [ EATn ] Â H Donald v M W Pearce Ltd EAT/188/00 18 Jun 2001 EAT Mr Commissioner Howell QC Employment EAT Contract of Employment - Breach of Contract Â Dr (Mrs) U A Uruakpa v Royal College of Veterinary Surgeons EAT/1074/98 18 Jun 2001 EAT His Honour Judge J Altman Human Rights, Discrimination, Health Professions, Employment The applicant appealed an order striking out her complaint of race discrimination as hopeless. She sought recognition as a veterinary surgeon. Her claim had been dismissed because, under the section the College exercised a statutory power. She asserted that the regulations gave a wide discretion to the College to exempt individuals from all or part of the qualification procedures. It was held that the discretion only applied to those who already held one or more of the qualifications which were recognised. She claimed also that the tribunal system denied her the possibility of equality of arms, and therefore a fair hearing under art 6. The EAT held that the tribunal system was designed to be informal, and Chairmen are specifically required to give assistance to lay parties. There was no breach of that right. EAT Human Rights - Veterinary Surgeon (Examination of Commonwealth and Foreign Candidates) Regulations 1967 Sch para 5 - Race Relations Act 1976 41 Â D'Sa v University Hospital Coventry and Warwickshire NHS Trust [2001] EWCA Civ 983; [2001] Lloyd's Rep Med 442; (2001) 62 BMLR 39; [2001] IRLR 691 18 Jun 2001 CA Simon Brown VP, May, Dyson LJJ Employment, Health Professions An inquiry panel had concluded that the surgeon had been guilty of professional misconduct, but had recommended that the appropriate disciplinary sanction was that the surgeon should be warned about his behaviour. The court was now asked whether at a subsequent disciplinary hearing it was open to the NHS Trust which employed the surgeon to consider whether the matters of professional misconduct which the inquiry panel had investigated had given rise to a breakdown of trust and confidence. Held: The NHS Trust could not consider that issue. 1 Citers [ Bailii ] Â Pierre v Family Housing Association [2001] UKEAT 1136_99_1806 18 Jun 2001 EAT Employment [ Bailii ] Â Hogben v Rolan Long Advertising Ltd [2001] UKEAT 276_01_1806 18 Jun 2001 EAT Employment [ Bailii ] Â Barchester Healthcare Plc v Jimmison [2001] UKEAT 0387_01_1806 18 Jun 2001 EAT Employment [ Bailii ] Â Uruakpa v Royal College of Veterinary Surgeons [2001] UKEAT 1074_98_1806 18 Jun 2001 EAT Employment [ Bailii ] Â Murray and others v Philippine Airlines Inc [2001] UKEAT 0425_00_1906 19 Jun 2001 EAT Employment [ Bailii ] Â Tooley v Brimelow [2001] UKEAT 0310_00_1906 19 Jun 2001 EAT Employment [ Bailii ] Â Lee v Police Information Technology Org and others [2001] UKEAT 0185_01_1906 19 Jun 2001 EAT Employment [ Bailii ] Â Joshua and Usman Solicitors and Another v Omerhi [2001] UKEAT 0486_01_1906 19 Jun 2001 EAT Employment [ Bailii ] Â Abbey National Plc v Bartlett [2001] UKEAT 1289_99_2006 20 Jun 2001 EAT Employment [ Bailii ] Â Aib Group (Uk) Plc v Connaughton [2001] UKEAT 613_01_2006 20 Jun 2001 EAT Employment [ Bailii ] Â Messer and Another v Balfour 2000 Ltd [2001] UKEAT 0159_01_2006 20 Jun 2001 EAT Employment [ Bailii ] Â Holdgate Ltd (T/A Uncle Sam's American Diner) v Jump In the Sax Ltd [2001] UKEAT 184_01_2006 20 Jun 2001 EAT Employment 1 Cites 1 Citers [ Bailii ] Â Â Elsey v H L Foods Ltd; EAT 20-Jun-2001 - [2001] UKEAT 0167_01_2006 Â Leaney v Oakforest Management Ltd [2001] UKEAT 0459_01_2006 20 Jun 2001 EAT Employment [ Bailii ] Â Williams v Wrexham County Borough Council and Another [2001] UKEAT 0316_01_2106 21 Jun 2001 EAT Employment 1 Cites [ Bailii ] Â Matthews and Hayes Ltd v Priestley [2001] UKEAT 222_01_2106 21 Jun 2001 EAT Employment [ Bailii ] Â Chand v Zicchi and Another [2001] UKEAT 1376_00_2106 21 Jun 2001 EAT Employment [ Bailii ] Â P Zietsman and P Du Toit T/A Berkshire Orthodontics v J Stubbington EAT/345/00 21 Jun 2001 EAT His Hon Judge Clark Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â Morton v School Pictures International Ltd [2001] UKEAT 179_01_2106 21 Jun 2001 EAT Employment [ Bailii ] Â Darwingrove Ltd (T/A Elite Security) v Passelow [2001] UKEAT 172_01_2106 21 Jun 2001 EAT Employment [ Bailii ] Â Shawkat v Nottingham City Hospital NHS Trust [2001] EWCA Civ 954 21 Jun 2001 CA Walker LJ, Longmore LJ Employment The claimant doctor had been dismissed. He said it was unfairly, and the Trust replied that he had been made redundant 'for some other reason' since he had nt acceted new conditions of work. Held: The employee's appeal failed. The EAT had re-iterated the conclusion that there had been no diminution of the need for the appropriate kind of work. There was no rule that a re-organisation could not lead to a redundancy. It was a question of the facts in each circumstance. Employment Rights Act 1996 139(1) 1 Cites [ Bailii ] Â Benchiba v Honda of the UK Manufacturing Ltd [2001] UKEAT 0170_01_2206 22 Jun 2001 EAT Employment [ Bailii ] Â Sadiq v Leeds City Council and others [2001] UKEAT 11_01_2206 22 Jun 2001 EAT Employment 1 Cites 1 Citers [ Bailii ] Â Abiola v Comet Group Plc and others [2001] UKEAT 35_01_2206 22 Jun 2001 EAT Employment [ Bailii ] Â Jones v Sun Valley Foods Ltd [2001] UKEAT 655_01_2206 22 Jun 2001 EAT Employment [ Bailii ] Â Ashfield v Rutter and Another [2001] UKEAT 0255_01_2206 22 Jun 2001 EAT Employment [ Bailii ] Â Â Parkins v Sodexho Ltd; EAT 22-Jun-2001 - EAT/1239/00; [2001] UKEAT 1239_00_2206; [2002] IRLR 109 Â Boomerang Bus Co Ltd v Merrifield and Another [2001] UKEAT 0470_01_2206 22 Jun 2001 EAT Employment [ Bailii ] Â ADI (UK) Limited v Firm Security Group Limited [2001] EWCA Civ 971; [2001] 3 CMLR 8; [2001] Emp LR 969; [2001] IRLR 542 22 Jun 2001 CA Lord Justice Simon Brown, Lord Justice May, Lord Justice Dyson Employment, European ADI appealed against a decision that, when they took over a services contract, there had been a transfer within the Regulations. Held: Though no assets tangible or otherwise, had been transferred, this was a contract to provide services at a location and in circumstances, and the EAT found an economic entity. The state of the European and domestic authorities is unsatisfactory. The hearing had taken place between the two ECM judgments. Emphasis is placed on the need to take all relevant factors into account. The present case is to be regarded as an example of a labour intensive case, such as was Süzen, but the EAT had not considered the reason for not taking on the previous employees. May LJ said: "In my view confusion and uncertainty have arisen because the need for a legal transfer or merger, still present in the Directive, has been eliminated by purposive judicial interpretation, yet the perceived need to find a transfer of some kind remains." Transfer of Undertakings (Protection of Employment) Regulations 1981 (1981 No 1794) - Council Directive 77/187/EEC 1 Cites 1 Citers [ Bailii ] Â Carter v Harry Gosling School and Another [2001] UKEAT 1073_99_2206 22 Jun 2001 EAT Employment [ Bailii ] Â Carter v the Governing Body of Cannock Chase [2001] UKEAT 1427_00_2206 22 Jun 2001 EAT Employment [ Bailii ] Â Fearn v Home Office [2001] UKEAT 0686_01_2306 23 Jun 2001 EAT Employment [ Bailii ] Â Nawaab Restaurant v Inland Revenue [2001] UKEAT 1417_00_2506 25 Jun 2001 EAT Employment [ Bailii ] Â Murray v HM Land Registry [2001] UKEAT 1440_00_2506 25 Jun 2001 EAT Employment 1 Cites [ Bailii ] Â Janjua v Metal Colours Ltd [2001] UKEAT 0241_01_2506 25 Jun 2001 EAT Employment [ Bailii ] Â Chan v Celtic Cauldron [2001] UKEAT 224_01_2506 25 Jun 2001 EAT Employment [ Bailii ] Â Bentwood Bros (Manchester) Ltd v Shepherd [2001] UKEAT 394_01_2506 25 Jun 2001 EAT Employment [ Bailii ] Â Logan-Salton v Calderdale Metropolitan Borough Council [2001] UKEAT 429_00_2606 26 Jun 2001 EAT Employment 1 Cites 1 Citers [ Bailii ] Â Laniyan (Khan) v Tamaris (England) Ltd [2001] UKEAT 0306_00_2606 26 Jun 2001 EAT Employment [ Bailii ] Â Regina v Secretary of State for Trade and Industry ex parte Broadcasting, Entertainment, Cinematographic and Theatre Union Times, 28 June 2001; C-173/99; [2001] EUECJ C-173/99 26 Jun 2001 ECJ Employment, European The rule in United Kingdom law under which the entitlement to be paid annual leave arose only after an employee had been continuously employed for 13 weeks, did not satisfy European law. Members of the applicant trade union were typically employed on short term repeating contracts and did not receive paid annual holidays. The Directive sought to improve working conditions for employees. There were certain derogations, but not from Article 7, the particular applicable condition. The right was a social right directly conferred on each worker, and the UK regulations were incompatible with that right. Council Directive 93/104/EC concerning certain aspects of the organisation of working time - Working Time Regulations 1998 (1998 No 1833) 13(7) 1 Citers [ Bailii ] Â O'Brien v National Glass Centre Ltd [2001] UKEAT 0133_01_2606 26 Jun 2001 EAT Employment [ Bailii ] Â Public Trust Office v Richards [2001] UKEAT 646_01_2606 26 Jun 2001 EAT Employment [ Bailii ] Â Foodtrack Ltd (T/A Juicy Lucy) v Oram [2001] UKEAT 50_01_2606 26 Jun 2001 EAT Employment [ Bailii ] Â Hampshire Fire and Rescue Service v Stephen Ash Richard Carrington Simon Green EAT/0426/01 26 Jun 2001 EAT The Honourable Mr Justice Nelson Employment EAT Trade Union Rights - Â Tetrosyl Ltd v Delargy [2001] UKEAT 0305_01_2606 26 Jun 2001 EAT Employment [ Bailii ] Â Hampshire Fire and Rescue Service v Stephen Ash, Richard Carrington, Simon Green EAT/0426/01 26 Jun 2001 EAT The Honourable Mr Justice Nelson Employment EAT Trade Union Rights - (no sub-topic). [ EATn ] Â Heatric Ltd v Hill [2001] UKEAT 0251_00_2606 26 Jun 2001 EAT Employment [ Bailii ] Â Leroy and others v Council [2001] EUECJ T-164/99; T-164/99 27 Jun 2001 ECFI Employment Integration of the Schengen Secretariat into the General Secretariat of the Council - Action for annulment. [ Bailii ] Â Ralton and others v Havering College of Further and Higher Education [2001] UKEAT 660_00_2706 27 Jun 2001 EAT Employment [ Bailii ] Â Customs and Excise v Sawdon [2001] UKEAT 0265_00_2706 27 Jun 2001 EAT Employment [ Bailii ] Â Winn v BCT Business Systems Ltd [2001] UKEAT 0285_01_2706 27 Jun 2001 EAT Employment [ Bailii ] Â Swinbourne v Birmingham City Council [2001] UKEAT 681_00_2806; EAT/681/00 28 Jun 2001 EAT The Honourable Mr Justice Nelson Employment The appellant's claim for constructive dismissal failed. She applied for extended reasons for the decision, but her request for extended reasons was well out of time, and the chairman refused on the basis that this would prejudice the employer by reviving the period during which an appeal could be lodged. The chairman had properly considered the application, and the refusal was not to be set aside. The chairman might however have been more clear in his reasons for the refusal. EAT Procedural Issues - Employment Tribunal. [ Bailii ] - [ EATn ] Â William Bunting, Pau Line Mary Bunting Eat/1455/99 Shane Bunting v Eat/1453/99 Hertel (Uk) Ltd Eat/1454/99 Hertel (Uk) Ltd Eat/1455/99 Hertel (Uk) Ltd EAT/1453/99 EAT/1454/99 E 28 Jun 2001 EAT The Honourable Mr Justice Lindsay (President) Employment EAT Transfer of Undertakings - Dismissal. [ EATn ] Â Fullarton Computer Industries Limited for Judicial Review of Certain Decisions Made By the Central Arbitration Committee [2001] ScotCS 168 28 Jun 2001 OHCS Lord Johnston Employment [ Bailii ] Â Bunting and Others v Hertel (Uk) Ltd EAT/1453/99; EAT/1454/99 28 Jun 2001 EAT Lindsay P J Employment The appellants claimed to have been unfairly dismissed. They had been owners, through a discretionary trust, of a company sold to the respondents. They claimed also to have been employees. Following the sale, they were dismissed, and they asserted this arose from a relevant transfer. They had been paid salary, but had no formal contract. No assets had been transferred to the new company, and only three employees had transferred. There had been no relevant transfer. EAT Transfer of Undertakings - Dismissal Transfer of Undertakings (Protection of Employment) Regulations 1981 (1981 No 1794) 3(1) 1 Cites Â Bunting v Hertel (Uk) Ltd [2001] UKEAT 1453_99_2806 28 Jun 2001 EAT Employment [ Bailii ] Â Itnet UK Ltd v Fagan [2001] UKEAT 0719_01_2806 28 Jun 2001 EAT Employment 1 Citers [ Bailii ] Â William Bunting Pauline Mary Bunting Shane Bunting v Hertel (UK) Ltd EAT/1453/99; EAT/1454/99 28 Jun 2001 EAT The Honourable Mr Justice Lindsay (President) Employment EAT Transfer of Undertakings - Dismissal Â Southwark London Borough Council v D Whillier Times, 29 June 2001; [2001] EWCA Civ 808 29 Jun 2001 CA Lord Justice Waller, Lady Justice Hale And Sir Philip Otton Employment The employee served also as full time union representative. She was offered promotion, but only if she could find the time to do the work, and she was not to have her salary increase until she ceased her union activities. It was held that the offer of promotion with a withholding of a salary increase was capable of being a detriment suffered because of her union activities, and was accordingly unlawful as an 'action short of dismissal'. Trade Union and Labour Relations (Consolidation) Act 1992 146 1 Cites 1 Citers [ Bailii ] Â Carrington and Another v London Borough of Hammersmith and Fulham [2001] UKEAT 0720_01_2906 29 Jun 2001 EAT Employment [ Bailii ] Â Valkova v Benefit Agency Medical Services EAT/538/99, EAT/563/99 29 Jun 2001 EAT His Honourable Mr Justice Nelson Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â Green v Priority Services Midlands Ltd [2001] UKEAT 0257_01_2906 29 Jun 2001 EAT Employment [ Bailii ] Â Â Chief Adjudication Officer v Stafford and Banks; HL 29-Jun-2001 - Times, 29 June 2001; Gazette, 09 August 2001; [2001] UKHL 33; [2001] 1 WLR 1411 Â Valkova v Benefit Agency Medical Services [2001] UKEAT 538_99_2906 29 Jun 2001 EAT Employment [ Bailii ] Â Gill and others v Gate Gourmet Heathrow Ltd and Another [2001] UKEAT 0245_01_0207 2 Jul 2001 EAT Employment [ Bailii ] Â Knight Snr v Department of Social Security [2001] UKEAT 537_01_0207 2 Jul 2001 EAT Employment [ Bailii ] Â HSS Hire Service Group Plc, Re Application for Judicial Review [2001] NIQB 28 3 Jul 2001 QBNI Employment [ Bailii ] Â Pal v City Hospital NHS Trust [2001] UKEAT 0727_01_0307 3 Jul 2001 EAT Employment [ Bailii ] Â Fadipe v Fairstaff Agency Ltd [2001] EWCA Civ 1101 3 Jul 2001 CA Employment 1 Cites [ Bailii ] Â Quaglinos Restautant Ltd v Hamilton-Freed [2001] UKEAT 0594_01_0307 3 Jul 2001 EAT Employment [ Bailii ] Â Overton v Healthcall Services Ltd [2001] UKEAT 282_01_0407 4 Jul 2001 EAT Employment [ Bailii ] Â Ms Manju Jha v the Commissioners of Inland Revenue EAT/1285/99 4 Jul 2001 EAT His Honour Judge Peter Clark Employment EAT Unfair Dismissal - Compensation. [ EATn ] Â Manju Jha v the Commissioners of Inland Revenue EAT/1285/99 4 Jul 2001 EAT His Honour Judge Peter Clark Employment The appellant had been found to have been unfairly dismissed on the ground of incapacity, but to have contributed to her dismissal through her behaviour. The EAT held that the conduct after the dismissal could not have contributed to it, and it was a capacity rather than conduct dismissal. The decision was procedurally unfair in that she had been refused an appeal. It had been wrong to reduce the basic award because of her conduct, but the decision to dismiss would have been made anyway, and re-engagement or re-instatement was impractical. EAT Unfair Dismissal - Compensation Â Von Goetz v St George's Healthcare NHS Trust EAT/1395/97; [2001] UKEAT 1395_97_0407; EAT/625/99 4 Jul 2001 EAT The Honourable Mr Justice Douglas Brown Employment, Discrimination EAT Sex Discrimination - Indirect. 1 Citers [ Bailii ] - [ EATn ] Â Jha v Inland Revenue [2001] UKEAT 1285_99_0407 4 Jul 2001 EAT Employment [ Bailii ] Â John Hannigan v Cable and Wireless Communications Plc EAT/211/00 5 Jul 2001 EAT Mr Commissioner Howell QC Employment EAT Unfair Dismissal - Procedural Fairness Â Hannigan v Cable and Wireless Communications Plc [2001] UKEAT 211_00_0507 5 Jul 2001 EAT Employment [ Bailii ] Â Elabed v BBC Arabic Service [2001] UKEAT 0358_00_0507 5 Jul 2001 EAT Employment [ Bailii ] Â Elabed v BBC Arabic Service and others [2001] UKEAT 0419_00_0507 5 Jul 2001 EAT Employment [ Bailii ] Â Metanie v Telegan Gas Monitoring [2001] EWCA Civ 1173 5 Jul 2001 CA Peter Gibson LJ Employment [ Bailii ] Â John Hannigan v Cable and Wireless Communications Plc EAT/211/00 5 Jul 2001 EAT Mr Commissioner Howell Qc Employment EAT Unfair Dismissal - Procedural fairness/automatically unfair dismissal. [ EATn ] Â Marshall v Action Aid [2001] UKEAT 1355_00_0607 6 Jul 2001 EAT Employment [ Bailii ] Â Islam v London Pension Fund Authority [2001] EWCA Civ 1178 9 Jul 2001 CA Henry LJ Employment [ Bailii ] Â Duru v Granada Retail Catering Ltd [2001] UKEAT 281_00_0907 9 Jul 2001 EAT Employment [ Bailii ] Â Delaney v Nord Anglia International Ltd [2001] UKEAT 1201_00_0907 9 Jul 2001 EAT Employment [ Bailii ] Â Youri v Tower Hamlets and others [2001] UKEAT 0987_00_0907 9 Jul 2001 EAT Employment [ Bailii ] Â Abegaze v Mid Kent College of Higher and Further Education [2001] UKEAT 1181_00_0907 9 Jul 2001 EAT Employment 1 Cites [ Bailii ] Â Delaney v Nord Anglia International Plc and Another [2001] UKEAT 0817_00_0907 9 Jul 2001 EAT Employment [ Bailii ] Â Zietsman and Another v Stubbington [2001] UKEAT 345_00_0907 9 Jul 2001 EAT Peter Clark J Employment 1 Cites [ Bailii ] Â Charles v Ellis and Another (T/A Property Services) [2001] UKEAT 1002_00_1007 10 Jul 2001 EAT Employment [ Bailii ] Â ALM (Medical Services) Ltd v Bladon [2001] EWCA Civ 1183 10 Jul 2001 CA Employment 1 Cites 1 Citers [ Bailii ] Â Halliday v Archdiocese of Southwark [2001] EWCA Civ 1181 10 Jul 2001 CA Mummery LJ Employment Application for permission to appeal - appeal to EAT rejected as attempt to re-argue facts. 1 Cites 1 Citers [ Bailii ] Â Zalzala v University of Sheffield [2001] UKEAT 0701_01_1007 10 Jul 2001 EAT Employment [ Bailii ] Â YYY and Another v XXX [2001] UKEAT 729_01_1007 10 Jul 2001 EAT Employment [ Bailii ] Â Eastbourne Borough Council v James Foster Times, 17 August 2001; Gazette, 31 August 2001; [2001] EWCA Civ 1091; [2002] ICR 234; [2001] BLGR 529; (2001) 3 LGLR 53; [2001] Emp LR 1079 11 Jul 2001 CA Aldous LJ, May LJ, Rix LJ Employment, Local Government An employee's job ceased, but he continued to be employed by the same employer on different tasks, but the new arrangement was void as ultra vires. The question arose as to whether his employment had been terminated at the time of the change in such a way as to affect his pension rights under the regulations. The facts were compatible only with a continuation of the relationship of employer and employee. The original contract had been repudiated, and the repudiation accepted. The employee remained entitled to notice, and he was, for the purposes of the Regulations, continued to be employed until that notice expired. Local Government (Discretionary Payments) Regulations 1996 (1996 No 1680) 1 Cites 1 Citers [ Bailii ] Â Sivanandan v Enfield and Another [2001] UKEAT 0469_00_1107 11 Jul 2001 EAT Employment 1 Cites 1 Citers [ Bailii ] Â Yorkshire Rider Ltd v Neckles [2001] UKEAT 893_99_1107 11 Jul 2001 EAT Employment [ Bailii ] Â A v London Borough of Hounslow [2001] UKEAT 1155_98_1107 11 Jul 2001 EAT Employment [ Bailii ] Â K O'Connell v Essex County Fire and Rescue Service EAT/1334/99 12 Jul 2001 EAT His Honour Judge Peter Clark Employment EAT Unfair Dismissal - Procedural fairness/automatically unfair dismissal. [ EATn ] Â Firstcity Insurance Brokers Ltd v R Jones EAT/897/00 12 Jul 2001 EAT Her Honour Judge A Wakefield Employment EAT Time Limits - (no sub-topic) [ EATn ] Â O'Connell v Essex County Fire and Rescue Service [2001] UKEAT 1334_99_1207 12 Jul 2001 EAT Employment [ Bailii ] Â Sleepeezee Ltd v Mccarthy [2001] UKEAT 0799_01_1207 12 Jul 2001 EAT Employment [ Bailii ] Â Firstcity Insurance Brokers Ltd v R Jones EAT/897/00 12 Jul 2001 EAT Her Honour Judge A Wakefield Employment EAT Procedural Issues - Employment Tribunal Â Firstcity Insurance Brokers Ltd v Jones [2001] UKEAT 897_00_1207 12 Jul 2001 EAT Employment [ Bailii ] Â K O'Connell v Essex County Fire and Rescue Service EAT/1334/99 12 Jul 2001 EAT His Honour Judge Peter Clark Employment EAT Unfair Dismissal - Procedural Fairness Â Firstcity Insurance Brokers Ltd v R Jones EAT/897/00 12 Jul 2001 EAT Her Honour Judge A Wakefield Employment EAT Jurisdiction - (no sub-topic). [ EATn ] Â Firstcity Insurance Brokers Ltd v R Jones EAT/897/00 12 Jul 2001 EAT Her Honour Judge A Wakefield Employment EAT Time Limits - Â Kanu v Lambeth [2001] UKEAT 816_00_1307 13 Jul 2001 EAT Employment [ Bailii ] Â Egbaiyelo, Regina (on the Application of) v National Association of Citizens Advice Bureaux [2001] EWCA Civ 1147 13 Jul 2001 CA Employment 1 Cites [ Bailii ] Â Rooke v Anglian Water Services Ltd [2001] UKEAT 475_01_1307 13 Jul 2001 EAT Employment [ Bailii ] Â Rowland v Transport and General Workers Union [2001] UKEAT 471_01_1307 13 Jul 2001 EAT Employment [ Bailii ] Â Elnaiem v Huddersfield NHS Trust and Another [2001] UKEAT 0395_01_1607 16 Jul 2001 EAT Employment [ Bailii ] Â Povey v Dorset County Council [2001] UKEAT 0209_01_1607 16 Jul 2001 EAT Employment 1 Citers [ Bailii ] Â Marshall Ma v Shasonic Ltd EAT/368/99 16 Jul 2001 EAT His Honour Judge Peter Clark Employment EAT Unfair Dismissal - Contributory fault. [ EATn ] Â Holland v Maxwell's Restaurant Group Ltd [2001] UKEAT 1300_00_1607 16 Jul 2001 EAT Employment [ Bailii ] Â Murray v Cleburne Ltd [2001] UKEAT 1038_00_1607 16 Jul 2001 EAT Employment [ Bailii ] Â Masih v Time Computers and Another [2001] UKEAT 1233_00_1607 16 Jul 2001 EAT Employment 1 Cites [ Bailii ] Â Ma v Shasonic Ltd [2001] UKEAT 368_99_1607 16 Jul 2001 EAT Employment [ Bailii ] Â Marshall Ma v Shasonic Ltd EAT/368/99 16 Jul 2001 EAT His Honour Judge Peter Clark Employment, Discrimination The appellant's allegations of racial discrimination had been dismissed. He argued that the reasons given were inadequate. Because such claims are often unusually sensitive to the particular facts, it can be more important for the tribunal to deal properly with the facts found in its reasons. Where one person's evidence is preferred to another's, explanations should be given. In this case the reasons were inadequate, and the case was remitted to a different tribunal. EAT Unfair Dismissal - Contributory Fault Race Relations Act 1976 1(1)(a) 4(2)(c) 1 Cites Â Morris v Freightliner Ltd [2001] UKEAT 0309_00_1607 16 Jul 2001 EAT Employment [ Bailii ] Â Dr Y R Teinaz v Wandsworth Borough Council Times, 21 August 2002; [2002] IRLR 721 16 Jul 2001 CA Lord Justice Peter Gibson, Lady Justice Arden and Mr Justice Buckley Employment, Human Rights The applicant had made a claim to the tribunal, but then applied for an adjournment on medical grounds, submitting a medical certificate. Held: Where a refusal to exercise a discretion could lead to the loss of significant rights, a court should be particularly careful before refusing to exercise it. Here they had doubts about the veracity of a medical certificate, but there had been alternatives to refusing an adjournment and proceeding in the applicant's absence. To proceed in his absence was to deny him his right to a fair trial under the Convention. The exercise of a discretion could be set aside where the court had taken into account an irrelevant factor. The EAT had been right to uphold an appeal against the dismissal of the claim. Each such application fell to be decided on its own facts, and the court was not introducing a rule as to how such matters were to be dealt with. European Convention on Human Rights 10 1 Cites 1 Citers Â S Thomas T/A Teddy Bears Day Nursery v S A Overton D Marsh EAT/1018/00 17 Jul 2001 EAT The Honourable Mr Justice Lindsay (President) Employment The employer, a nursery, appealed a finding of unfair dismissal of two nurses. The nursery had been called on by social services to deal with allegations of child abuse by the workers, on penalty of the nursery being closed, and, in any event, the allegations would have been disastrous for the business. The tribunal found that though the result after a disciplinary hearing might have been the same, the employees should have been suspended, and that an enquiry might have taken 4 weeks. The EAT could not substitute its own for such findings of fact, and there was no error of law. The tribunal had erred in allowing a claim for pay in lieu of notice in a pure claim for unfair dismissal, and the awards were reduced accordingly. EAT Unfair Dismissal - Procedural Fairness 1 Cites Â S Thomas T/A Teddy Bears Day Nursery v S A Overton, D Marsh EAT/1018/00 17 Jul 2001 EAT The Honourable Mr Justice Lindsay (President) Employment EAT Unfair Dismissal - Procedural fairness/automatically unfair dismissal. [ EATn ] Â Apelogun-Gabriels v Employment Appeal Tribunal [2001] EWCA Civ 1190 17 Jul 2001 CA Employment 1 Citers [ Bailii ] Â Thomas (T/A Teddy Bears Day Nursery) v Overton and Another [2001] UKEAT 1018_00_1707 17 Jul 2001 EAT Employment [ Bailii ] Â Department of Health v Bird [2001] UKEAT 0668_01_1707 17 Jul 2001 EAT Employment [ Bailii ] Â George v Lambeth [2001] UKEAT 0770_00_1707 17 Jul 2001 EAT Employment [ Bailii ] Â Anglo Beef Processors Ltd v Flynn [2001] UKEAT 0315_01_1707 17 Jul 2001 EAT Employment [ Bailii ] Â Friend v Civil Aviation Authority and others [2001] EWCA Civ 1204 18 Jul 2001 CA Employment [ Bailii ] Â Ross v Freemans Plc [2001] UKEAT 0994_00_1807 18 Jul 2001 EAT Employment [ Bailii ] Â D Gardiner and Others v V A W Motorcast EAT/0262/00 18 Jul 2001 EAT The Honourable Mr Justice Douglas Brown Employment EAT Procedural Issues - Employment Appeal Tribunal Â Whitney Town Football Club Ltd v Pearson and Another [2001] UKEAT 0508_01_1807 18 Jul 2001 EAT Employment [ Bailii ] Â Gardiner and others v Vaw Motorcast [2001] UKEAT 0262_00_1807 18 Jul 2001 EAT Employment [ Bailii ] Â D Gardiner and others v v A W Motorcast EAT/0262/00 18 Jul 2001 EAT The Honourable Mr Justice Douglas Brown Employment EAT Procedural Issues - Employment Appeal Tribunal. [ EATn ] Â Cannon (T/A Barkway Park Golf Club) v Sadler [2001] UKEAT 0385_01_1807 18 Jul 2001 EAT Employment [ Bailii ] Â Dominy v Drake and Scull Technical Services Ltd [2001] UKEAT 0139_01_1907 19 Jul 2001 EAT Employment [ Bailii ] Â Moss v Secretary of State for Education and Employment [2001] UKEAT 0561_00_1907 19 Jul 2001 EAT Employment [ Bailii ] Â D Duru v Granada Retail Catering Limited EAT/281/00 19 Jul 2001 EAT Sir Christopher Bellamy Qc Employment EAT Jurisdiction - (no sub-topic). [ EATn ] Â L G Mills v R H Johnson EAT/1107/00 19 Jul 2001 EAT His Honour Judge Peter Clark Employment EAT Procedural Issues - Employment Appeal Tribunal. [ EATn ] Â R Plettell v British Aerospace (Operations) Ltd EAT/678/00; EAT/446/00 19 Jul 2001 EAT The Honourable Mr Justice Douglas Brown Employment, Discrimination The applicant had applied for a position, and alleged that once his racial origin became known, he was wrongly told there was no position for him. The tribunal had failed to give a consistent view of whether the company had known of these origins at the time the decision was made, and the matter was remitted to a fresh tribunal. EAT Race Discrimination - Direct Â Barry Controls Ltd v J F Lawes EAT/1481/00 19 Jul 2001 EAT The Honourable Mr Justice Charles Employment The Employment Tribunal had used its discretion to accept an complaint of unfair dismissal out of time. As the exercise of a discretion, and one exercised by an experienced tribunal appearing to apply the correct statutory tests, it would be a difficult to set it to one side. The complaint had been submitted after 2.5 months after the limit. There were no sufficient circumstances to justify such a delay, and it amounted to an error in law, and the matter was remitted for reconsideration. EAT Time Limits - Â Santo v Ccl Leisure Ltd [2001] UKEAT 0347_01_1907 19 Jul 2001 EAT Employment [ Bailii ] Â the Commissioner of Police of the Metropolis v Mohammed Khalil EAT/582/01 19 Jul 2001 EAT Mr Commissioner Howell Qc Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â Lti Ltd v Radford [2001] UKEAT 164_00_1907 19 Jul 2001 EAT Employment [ Bailii ] Â Barry Controls Ltd v J F Lawes EAT/1481/00 19 Jul 2001 EAT The Honourable Mr Justice Charles Employment EAT Time Limits - (no sub-topic) [ EATn ] Â Barry Controls Ltd v Lawes [2001] UKEAT 1481_00_1907 19 Jul 2001 EAT Employment [ Bailii ] Â Barry Controls Ltd v J F Lawes EAT/1481/00 19 Jul 2001 EAT The Honourable Mr Justice Charles Employment EAT Time Limits - Â Bowen (T/A Nb Cars) v Walby [2001] UKEAT 0349_01_1907 19 Jul 2001 EAT Employment [ Bailii ] Â Cuthbert v Inspector With the Health and Safety Executive [2001] UKEAT 0250_01_1907 19 Jul 2001 EAT Employment [ Bailii ] Â Commissioner of Police of the Metropolis v Khalil [2001] UKEAT 582_01_1907 19 Jul 2001 EAT Employment [ Bailii ] Â D Duru v Granada Retail Catering Limited EAT/281/00 19 Jul 2001 EAT Sir Christopher Bellamy QC Employment EAT Jurisdiction - Â L G Mills v R H Johnson EAT/1107/00 19 Jul 2001 EAT His Honour Judge Peter Clark Employment EAT Procedural Issues - Employment Appeal Tribunal Â The Commissioner of Police of the Metropolis v Khalil EAT/582/01 19 Jul 2001 EAT Mr Commissioner Howell QC Police, Employment The Commissioner appealed a refusal of an adjournment of a hearing expected to last many weeks. He said that it was impossible to decide disciplinary proceedings against the complainant at the same time as facing a complaint from him of racial discrimination. He said they would be hampered in approaching witnesses. The EAT considered there had been sufficient opportunity to make progress on the disciplinary proceedings, and the directions were confirmed. EAT Procedural Issues - Employment Tribunal Â Mills v Johnson [2001] UKEAT 1107_00_1907 19 Jul 2001 EAT Employment [ Bailii ] Â Hammond v Affleck and others [2001] UKEAT 0215_01_2007 20 Jul 2001 EAT Employment [ Bailii ] Â Myers v Carrs Paints Ltd [2001] UKEAT 166_01_2007 20 Jul 2001 EAT Employment [ Bailii ] Â Petrides v Direct Line Group Services [2001] EWCA Civ 1299 20 Jul 2001 CA Employment 1 Cites [ Bailii ] Â Zalzala v University of Sheffield [2001] UKEAT 1419_00_2007 20 Jul 2001 EAT Employment [ Bailii ] Â Djemal v Gabriel and Another (T/A George the Barbers) [2001] UKEAT 838_01_2007 20 Jul 2001 EAT Employment [ Bailii ] Â Plettell v British Aerospace (Operations) Ltd [2001] UKEAT 446_00_2007 20 Jul 2001 EAT Employment [ Bailii ] Â Â Ashraf v Francis W Birkett and Sons Ltd; EAT 20-Jul-2001 - [2001] UKEAT 244_00_0803 Â B L Bhatia v Wincanton Logistics EAT/827/99 23 Jul 2001 EAT Mr Commissioner Howell Qc Employment EAT Unlawful Deduction from Wages - (no sub-topic). [ EATn ] Â B L Bhatia v Wincanton Logistics . EAT/827/99 23 Jul 2001 EAT Mr Commissioner Howell Qc Employment EAT Contract of Employment - Breach of Contract. [ EATn ] Â Bhatia v Wincanton Logistics [2001] UKEAT 827_99_2307 23 Jul 2001 EAT Employment [ Bailii ] Â B L Bhatia v Wincanton Logistics EAT/827/99 23 Jul 2001 EAT Mr Commissioner Howell QC Employment The applicant's job was 'out-sourced' with the effect that his earnings were considerably reduced. He reluctantly accepted new conditions. It was wrongly understood by all parties at the time that the change was governed by the regulations. He claimed damages for an unlawful deduction of wages in respect of the diminution. The tribunal decided it was not a qualifying transfer, but that the original terms had been adopted by the new employer. There was no duress and he had in fact adopted the new contract. He appealed again for the absence of full reasons, and that the tribunal had erred in relying upon a point of law not argued by the parties. Held: The reasons were adequate, and though the parties might have been given chance to make representations upon the point of law, that point had not been essential to the decision. EAT Unlawful Deduction from Wages - Transfer of Undertakings (Protection of Employment) Regulations 1981 (1981 No 1794) Â Hh Saudi Research and Marketing (Uk) Ltd v Nasrallah [2001] UKEAT 852_01_2407 24 Jul 2001 EAT Employment [ Bailii ] Â Pickersgill v Employment Service [2001] UKEAT 0263_01_2407 24 Jul 2001 EAT Employment [ Bailii ] Â Simon Paul Clarke v Arriva Kent Thameside Ltd EAT/0341/00 25 Jul 2001 EAT The Honourable Mr Justice Douglas Brown Employment The appellant claimed that the single member EAT was, in his case, improperly constituted. The chairman, deciding whether to sit alone, must first see if the proposed hearing met the qualifying conditions, and if it did, must then assess look to the statutory criteria to exercise his discretion to refer the matter to a full tribunal. In this case the matter clearly showed a substantial difference as to fact, and the tribunal had erred in neither giving reasons for the allocation, nor inviting the parties to consider it. In this case the reasons given by the tribunal chairman for its finding were contradictory and inadequate. The appeal succeeded on this basis also. EAT Procedural Issues - Employment Appeal Tribunal Employment Tribunal Act 1996 4(1) Â A M Gentle J G H Rackstraw Sg Robinson v Perkins Engines Peterborough Ltd (Formerly Perkins Group Ltd) EAT/541/01 25 Jul 2001 EAT His Honour Judge Peter Clark Employment EAT Unfair Dismissal - Compensation Â Clarke v Arriva Kent Thameside Ltd [2001] UKEAT 0341_00_2507 25 Jul 2001 EAT Employment [ Bailii ] Â Simon Paul Clarke v Arriva Kent Thameside Ltd EAT/0341/00 25 Jul 2001 EAT The Honourable Mr Justice Douglas Brown Employment EAT Procedural Issues - Employment Appeal Tribunal. [ EATn ] Â Francis v London Underground Ltd [2001] UKEAT 1510_00_2507 25 Jul 2001 EAT Employment [ Bailii ] Â Shaikhani v Pfizer Ltd [2001] UKEAT 0214_01_2507 25 Jul 2001 EAT Employment [ Bailii ] Â Â National Union of Rail, Maritime and Transport Workers v Midland Mainline Ltd; CA 25-Jul-2001 - Times, 07 August 2001; Gazette, 04 October 2001; [2001] EWCA Civ 1206 Â Colback v Ferguson and others [2001] EWCA Civ 1207 25 Jul 2001 CA Lord Justice Sedley Employment The applicant had had her case for unfair dismissal rejected, and also by the EAT. She now sought leave t0 appeal. The organisation, a local MIND had decided it was insolvent and had dismissed its staff. She asserted that no decision to wind up the organisation had been made. She alleged apparent bias, after the chairman of the tribunal had shared a taxi with one of the respondents after one day of the hearing. Held: She had to establish that she would have a fair chance of success on appeal. Though it had been wrong to describe the risk of bias as transitory or illusory, there was no real prospect of success. Leave refused. [ Bailii ] Â A M Gentle, J G H Rackstraw, S G Robinson v Perkins Engines Peterborough Ltd (Formerly Perkins Group Ltd) EAT/541/01 25 Jul 2001 EAT His Honour Judge Peter Clark Employment EAT Unfair Dismissal - Compensation. [ EATn ] Â Gentle and others v Perkins Engines Peterborough Ltd [2001] UKEAT 541_01_2507 25 Jul 2001 EAT Employment [ Bailii ] Â H Hogan v Cambridgeshire County Council EAT/0382/99; [2001] UKEAT 0382_99_2607 25 Jul 2001 EAT His Honour Judge Peter Clark Employment The appellant claimed unfair dismissal. The respondent claimed that at the time of the alleged dismissal, her contract had expired by operation of law, it having been frustrated by her long term sickness. Whether it had been frustrated was a question of fact for the tribunal, not the EAT. EAT Unfair Dismissal - Reason for Dismissal Employment Tribunals Act 1996 21(1) [ Bailii ] - [ EATn ] Â Tracs (Engineering) Ltd v Sampson and others [2001] EWCA Civ 1388 26 Jul 2001 CA Employment, Company [ Bailii ] Â Ball v La Retraite Roman Catholic Girls School [2001] UKEAT 337_00_2607 26 Jul 2001 EAT Employment [ Bailii ] Â Ms Christine Ball v the Governors of La Retraite Roman Catholic Girls School EAT/337/00 26 Jul 2001 EAT Sir Christopher Bellamy Qc Employment EAT Unfair Dismissal - Reinstatement/re-engagement. [ EATn ] Â Cowland and Another (T/A Drain Control) v Toogood [2001] UKEAT 355_01_2607 26 Jul 2001 EAT Employment [ Bailii ] Â Bright v Harrow and Hillingdon Healthcare NHS Trust [2001] UKEAT 115_01_2607 26 Jul 2001 EAT Employment [ Bailii ] Â Newman v Hawkshill Investments Ltd [2001] UKEAT 192_01_2607 26 Jul 2001 EAT Employment [ Bailii ] Â Christine Ball v the Governors of La Retraite Roman Catholic Girlsschool EAT/337/00 26 Jul 2001 EAT Sir Christopher Bellamy QC Education, Employment The appellant claimed constructive dismissal. She had been engaged as a part time Latin teacher. She was told, after starting, that she would be asked to teach French. Although she was qualified to teach French, she was unhappy at teaching at a junior level. She asked to be given opportunity to discuss this with the head, but the head was busy that day. She resigned. Her work was governed by the Order, which provided that she could be required to provide cover, but she contended that a full year's work outside her job description was not cover. Had she delayed giving notice, she would herself have been in breach of contract. The decision was vacated, and the matter remitted to another tribunal. EAT Unfair Dismissal - Re-Engagement Education (School Teachers' Pay and Conditions) (No. 2) Order 1997 (1997 no. 1789) - School Teachers' Pay and Conditions Act 1991 Â Sivanandan v London Borough of Enfield and Another [2001] UKEAT 128_01_2607 26 Jul 2001 EAT Employment 1 Cites 1 Citers [ Bailii ] Â Sivanandan v Enfield and others [2001] UKEAT 431_01_2607 26 Jul 2001 EAT Employment 1 Cites 1 Citers [ Bailii ] Â Sivanandan v Enfield and others [2001] UKEAT 1368_00_2607 26 Jul 2001 EAT Employment 1 Cites 1 Citers [ Bailii ] Â Rugamer v Sony Music Entertainment UK Ltd [2001] UKEAT 1385_99_2707 27 Jul 2001 EAT Employment [ Bailii ] Â Mohamed v Securicor Guarding Ltd [2001] UKEAT 0287_01_2707 27 Jul 2001 EAT Employment [ Bailii ] Â Jackson v Wigan Metropolitan Borough Council EAT/0264/00; [2001] UKEAT 0264_00_2707 27 Jul 2001 EAT His Honour Judge Peter Clark Employment The appellant had been found guilty of gross misconduct, but contended that his employers had not sufficiently allowed for the work related stress he was suffering as a social worker. The misconduct was not challenged, and the tribunal held that the decision was within the range of reasonable responses open to the employer. The appeal had been put forward on the basis that the chairman may have wrongly dissuaded the applicant from calling witnesses, and had been wrong to reject as worthless, a medical report based upon the historical narrative of the applicant. In practice, the evidence omitted could not have assisted him further. The rejection of the medical report, when seen an context was not an error. Appeal refused. EAT Unfair Dismissal - Contributory Fault [ Bailii ] - [ EAT ] Â ACS Industries (Uk) Ltd v Brown [2001] UKEAT 0477_01_2707 27 Jul 2001 EAT Employment [ Bailii ] Â Hunt v St Helens Borough Council and Another [2001] UKEAT 0268_01_2707 27 Jul 2001 EAT Employment [ Bailii ] Â Denteh v Commissioner of Police for the Metropolis and others [2001] UKEAT 1033_00_2707 27 Jul 2001 EAT Employment [ Bailii ] Â Dunkinson vMeridian Technologies Ltd and Another [2001] UKEAT 0266_01_3007 30 Jul 2001 EAT Employment [ Bailii ] Â Voteforce Associates Ltd v K Quinn EAT/1186/00 30 Jul 2001 EAT His Honour Judge Peter Clark European, Employment The applicant had worked as a waitress for the company, working as they requested, and also at her own option. She claimed the right to paid leave under the working time regulations. The tribunal found that she had been continuously employed for 13 weeks. The regulations required that the relationship be governed by a contract of employment during such a period. The provisions are opaque, but the rules as to calculation of weekly pay are not relevant in calculating continuous employment, and the regulations provide the entire definition. In this case there was no mutuality of obligation either to provide or undertake work, and accordingly there was no contract of service. The regulation may not correctly implement the Directive in this respect. EAT Unlawful Deduction from Wages - Working Time Regulations 1998 (1998 No 1833) 13 - Employment Rights Act 1996 221 222 223 224 - EC Directive 93/104 Â Department of Social Security v J Dunford EAT/0373/00 30 Jul 2001 EAT His Honour Judge Peter Clark Employment, Discrimination The extended reasons given by a Tribunal, must be sufficient to allow a party to assess whether the Tribunal has fallen into an error of law. In this case, it was not clear whether the applicant had been found to be disabled, under section 1 or section 2 of the Act, and the reasons were therefore inadequate. EAT Procedural Issues - Employment Appeal Tribunal Disability Discrimination Act 1995 1 Â Ward Evans Financial Services Ltd v Fox and Phillips [2001] EWCA Civ 1243; [2002] IRLR 120 30 Jul 2001 CA Pill, Tuckey, Latham LJJ Employment [ Bailii ] Â Cashman (T/A Cashmans) v Barr [2001] UKEAT 0262_01_3007 30 Jul 2001 EAT Employment [ Bailii ] Â Department of Social Security v Dunford [2001] UKEAT 0373_00_3007 30 Jul 2001 EAT Employment [ Bailii ] Â Voteforce Associates Ltd v Quinn [2001] UKEAT 1186_00_3007 30 Jul 2001 EAT Employment [ Bailii ] Â Department of Social Security v J Dunford EAT/0373/00 30 Jul 2001 EAT His Honour Judge Peter Clark Employment EAT Procedural Issues - Employment Appeal Tribunal. [ EATn ] Â Voteforce Associates Ltd v K Quinn EAT/1186/00 30 Jul 2001 EAT His Honour Judge Peter Clark Employment EAT Unlawful Deduction from Wages - (no sub-topic). [ EATn ] Â Thomas v Tiny Opus Computers Ltd [2001] UKEAT 0264_01_3007 30 Jul 2001 EAT Employment [ Bailii ] Â Surrey Police Authority v Beckett Times, 08 August 2001 31 Jul 2001 CA Simon Brown LJ, Tuckey LJ, Laws LJ Police, Employment A senior police officer was employed on a fixed term contract, under which three months' notice of termination was required. As he approached the end of his contract, the authority sought to discipline him. The contract was not renewed, and the officer denied that the proceedings could continue. The authority sought to argue that notice should have been given to terminate the contract. The court held that the contract expired as it was intended. The Regulations had the effect of disallowing the continuation of the disciplinary proceedings. Police (Discipline) (Senior Officers) Regulations 1985 (1985 No 519) 16(1) 23 Â Pearce v Mayfield School Gazette, 27 September 2001; Times, 09 October 2001; [2001] EWCA Civ 1347; [2001] Emp LR 1112; [2002] ICR 198; [2002] ELR 16; [2001] IRLR 669 31 Jul 2001 CA Henry LJ, Judge LJ, Hale LJ Discrimination, Human Rights, Employment The claimant teacher was a lesbian. She complained that her school in failed to protect her against abuse from pupils for her lesbianism. She appealed against a decision that the acts of the pupils did not amount to discrimination, and that the school were no responsible for it. The 1998 Act had come into effect. Held: The actions were discriminatory, but the 1975 Act operated against discrimination on the grounds of sex, not sexual orientation. The argument that the abuse was gender specific was insufficient alone to make is discrimination for sex: "The crucial distinction between the sexual harassment cases and others is that the disliked woman is being subjected to abuse of a sexual nature whereas an equally disliked man would be subject to a different sort of abuse. This is a difference of treatment based on sex: and most people would have little difficulty in deciding that abuse of a sexual nature was "less favourable" than other types of abuse. But if the true comparator is a male homosexual, and a male homosexual would have been subject to the same sort of sexual harassment, albeit using different words, then it cannot be said that this is less favourable treatment on grounds of sex." The Court went on to examine the effect of the 1998 Act. Sex Discrimination Act 1975 - Human Rights Act 1998 - European Convention on Human Rights 8 1 Cites 1 Citers [ Bailii ] Â Bracewell v Securicor Guarding Ltd [2001] EWCA Civ 1308 31 Jul 2001 CA Pill LJ Employment Application for permission to appeal [ Bailii ] Â Yeboah v Crofton [2001] EWCA Civ 1309 31 Jul 2001 CA Pill, Rimer LJJ Employment Application for leave to appeal. 1 Cites 1 Citers [ Bailii ] Â Goldman v Enfield and Haringey Health Authority [2001] EWCA Civ 1329 31 Jul 2001 CA Employment [ Bailii ] Â Fishwick v Mitie Cleaning North Ltd [2001] UKEAT 248_01_0108 1 Aug 2001 EAT Employment [ Bailii ] Â Venkatasamy v Chelsea and Westminster Healthcare NHS Trust [2001] UKEAT 784_00_0108 1 Aug 2001 EAT Employment [ Bailii ] Â Cook v Tower Hamlets [2001] UKEAT 488_01_0108 1 Aug 2001 EAT Employment [ Bailii ] Â Soteriou v Ultrachem and others [2001] UKEAT 250_01_0108 1 Aug 2001 EAT Employment [ Bailii ] Â Sithole v City and Hackney Primary Care Trust [2001] UKEAT 0248_00_0208 2 Aug 2001 EAT Employment [ Bailii ] Â Agnes Sithole v City and Hackney Primary Care Trust (Formerlycommunity Services NHS Trust) EAT/0248/00 2 Aug 2001 EAT The Honourable Mr Justice Lindsay (President) Employment, Discrimination The applicant had been employed as a bank nurse, subject to requirements not to work back to back shifts. She had worked such shifts. She complained of race discrimination, and on then being disciplined for working the shifts, she alleged sex and race discrimination. Her allegations were rejected by the ET, and she appealed, also alleging bias in the tribunal. A previous employee had not been treated differently, since the employers had, following that case seen the need to clarify procedures, and that had been done. The first complaint was not a protected act since the employer had not known of it when the decision was made to dismiss. There appeared no error of law in the tribunal's decision. EAT Race Discrimination - Victimisation Â Willie v Companies House [2001] UKEAT 652_00_0308 3 Aug 2001 EAT Employment [ Bailii ] Â John Adrian Lowe v Everest Ltd and others EAT/353/00 3 Aug 2001 EAT The Honourable Mr Justice Douglas Brown Employment EAT Redundancy - Fairness - [ EATn ] Â Sanusi v Hackney and Another [2001] UKEAT 854_01_0308 3 Aug 2001 EAT Employment [ Bailii ] Â Kyte v Fire Brigade Union [2001] UKEAT 0291_01_0308 3 Aug 2001 EAT Employment [ Bailii ] Â Anirah v Asda Stores Ltd [2001] UKEAT 0254_01_0308 3 Aug 2001 EAT Employment [ Bailii ] Â Sanusi v Hackney [2001] UKEAT 0854_01_0308 3 Aug 2001 EAT Employment [ Bailii ] Â Lowe v Everest Ltd and others EAT/353/00; [2001] UKEAT 353_00_0309 3 Aug 2001 EAT The Honourable Mr Justice Douglas Brown Employment The respondents had decided to make redundancies. They had two shifts of workers, and those eventually selected came predominantly from the one shift. The question was whether the method chosen for selection was fair or unfair. In cases of mass redundancy, it would only be in rare and exceptional cases if the assessment fought with other employees not made redundant will be relevant. The assessments had been made by qualified assessors, whose evidence had been accepted. It therefore appeared that selection had been made without reference to the shift on which they worked. No error of law or perversity in finding had been shown. EAT Redundancy - Fairness 1 Cites [ Bailii ] Â Jasbeer Rooproy v M Rollins-Elliott, Manor House Hospitals Ltd [2001] UKEAT 1486_99_0607 7 Aug 2001 EAT Mr Commissioner Howell QC Discrimination, Employment The Applicant had worked for the respondents. The respondents were closing down the nursing home, and all staff were being made redundant and were to be given open references. The applicant's claim for race discrimination had been heard but no decision given. The first respondent gave a reference but referred to the outstanding proceedings. The reference was not received until after her employment had come to an end. She had in fact been treated less favourably, and that arose directly as a consequence of the previous proceedings for race discrimination. The motive of the respondent was not to be taken into account. There is a two part test. Was the applicant treated less favourably, and if so, was this a consequence of her complaint of race discrimination. Race Relations Act 1976 2(1)(a) 1 Citers [ Bailii ] Â Krause v Commissioner Metropolitan Police Service [2001] UKEAT 960_01_1008 10 Aug 2001 EAT Employment [ Bailii ] Â Walji v Great Ormond Street Hospital [2001] EWCA Civ 1390 10 Aug 2001 CA Employment 1 Cites [ Bailii ] Â Tayside Regional Council v Ann McDiarmid Morrison EAT/675/95 27 Aug 2001 EAT The Honourable Lord Johnston Employment The applicant had been employed under a contract for four hours per week. At the time of the dismissal, the minimum requirement for job security was 16 hours. The later decision of the Lords that that rule was discriminatory served to start her opportunity to make a claim. She had applied later than three months after that decision. The time limits themselves had subsequently been declared to be valid, and therefore the bar to the claim stood. Also, Biggs makes it clear that ignorance of the law does not bear upon the question of reasonable practicability. The decision of the Tribunal accepting jurisdiction was overturned. EAT Procedural Issues - Employment Tribunal 1 Cites Â Tayside Regional Council v Morrison EAT/675/95 27 Aug 2001 EAT The Honourable Lord Johnston Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â Callagan v Glasgow City Council [2001] UKEAT 43_01_2808; [2002] Emp LR 24; [2001] IRLR 724 28 Aug 2001 EAT Lord Johnston Employment, Scotland, Discrimination EAT The claimant appealed against the dismissal of his application both in respect of allegations of disability discrimination in terms of the Disability Discrimination Act 1995 and unfair dismissal. Disability Discrimination Act 1995 [ Bailii ] Â Rugamel v Sony Music Entertainment UK Ltd; McNicol v Balfour Beatty Rail Maintenance Ltd EAT/1487/99; EAT/1385/99 28 Aug 2001 EAT Mr Commissioner Howell QC Employment, Discrimination Both cases questioned the extent, as a disability, of functional or psychological 'overlay', where there may be no medical condition underlying the symptoms which the employee claims to be present. Neither claimant had asserted any psychological disability. The employees appealed a refusal that they be considered to suffer a disability. "Impairment", has to mean some damage, defect, disorder or disease compared with a person having a full set of physical and mental equipment in normal condition. "physical or mental impairment" refers to a person having something wrong with them physically, or something wrong with them mentally. EAT Disability Discrimination - Disability Disability Discrimination Act 1995 1 Cites 1 Citers [ EATn ] Â China National Star Petroleum Corporation v James Thain and 12 Ors, Tor Drilling (Uk) Ltd, Dolphin Drilling Ltd EAT/236/01 30 Aug 2001 EAT The Honourable Lord Johnston Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â Safeway Stores Plc v Lorraine Sim EAT/280/01 30 Aug 2001 EAT The Honourable Lord Johnston Employment The employee had alleged that she had been pushed by a manager. The employer investigated, and having found against her, wrote saying they were instigating disciplinary procedures for making a false complaint. She resigned complaining constructive dismissal. The industrial tribunal found the terms of the letter to indicate that the employer had taken a fixed view. The employer appealed, saying there was no basis for that as a finding of fact. Held: the letter could found that finding of fact, and as a finding of fact, the tribunal would not interfere with it. EAT Unfair Dismissal - Reason for Dismissal 1 Cites [ EATn ] Â Cameron, Regina (on the Application Of) v Central London County Court [2001] EWCA Civ 1412 31 Aug 2001 CA Employment, Litigation Practice [ Bailii ] Â John Dickie Homes Ltd v Daniel Jones EAT/146/01 3 Sep 2001 EAT The Honourable Lord Johnston Employment, Scotland The employers had employed bricklayers as self-employed sub-contractors. They changed them over to employees, reducing pay to allow for the additional costs of employing them. The claimant had worked for them under the old system, and returned after a break under the new system. The change was not explained. The tribunal applied the rule that 'no valid distinction is to be drawn for the purposes of the Wages Act between a deduction from wages on the one hand, and a reduction in wages on the other.' In this case unexplained changes had been made to the employee's allocation sheets. The tribunal had applied the correct legal test, and the EAT could interfere with the factual interpretation. 1 Cites Â Fernandez v Eurobell (Holdings) Plc [2001] UKEAT 0768_01_0309 3 Sep 2001 EAT Employment [ Bailii ] Â Whitbread Walker Ltd v Jones [2001] UKEAT 1084_99_0309 3 Sep 2001 EAT Employment [ Bailii ] Â Hall v Sheffield Area Health Authority [2001] UKEAT 0278_01_0309 3 Sep 2001 EAT Employment [ Bailii ] Â Wade v Aah Pharmaceuticals Ltd [2001] UKEAT 0272_01_0309 3 Sep 2001 EAT Employment [ Bailii ] Â Thompson v SCS Consulting Ltd and others [2001] UKEAT 34_00_0309; [2001] IRLR 808 3 Sep 2001 EAT Recorder Burke QC Employment 1 Citers [ Bailii ] Â Turner Coulston (A Firm) v Janko EAT/171/00; EAT/1394/99; [2001] UKEAT 1394_99_0309 3 Sep 2001 EAT The Honourable Mr Justice Charles Employment The appellant employers suggested that the finding of unfair dismissal was perverse in having rejected uncontested evidence. Held: The standard for such a claim was high - that the decision was 'plainly wrong' or similar. That standard was not reached in this case. The extended reasons did not fail to reflect proper findings on the facts before the tribunal. The employee appealed a notice that the recoupment regulations applied. It was not for the EAT to interfere between the benefits agency and the parties. EAT Unfair Dismissal - Contributory Fault Employment Protection (Recoupment of Job Seekers Allowance and Income Support) Regulations 1996 (SI 1996 /2349) 1 Cites [ Bailii ] - [ EAT ] Â S Aikman v D Stubbs EAT/992/00 3 Sep 2001 EAT The Honourable Mr Justice Douglas Brown Employment The claimant made a claim against his former company and its chairman. The company was dissolved before the proceedings commenced. The chairman did not appear, and a finding of unfair dismissal was made against him. The tribunal made no proper attempt to say why a chairman of a limited company should be liable personally. The question arose as to how the issue could be resolved under the regulations so long after the decision. The review should have accepted that the rules allowed an extension of time to enter an appearance where this was required in the interests of justice. In this case the extended reasons for the decision still failed to make it clear that the respondent had been found liable. The case was remitted. EAT Time Limits - Employment Tribunals (Constitution and Rule of Procedure) Regulations 1993 Â G Thompson v SCS Consulting Limited Lava Systems(Europe) Limited, Open Text (Uk) Limited EAT/34/00 3 Sep 2001 EAT Mr Recorder Burke QC Employment The applicant's employers were in financial difficulties, and the businesses were to be sold. The buyer and seller agreed that only a certain number of employees would come into the business, and the applicant, among others, was dismissed. The employers said he had been dismissed several hours before the agreement for sale, and was not employed at the time of the transfer, having been dismissed for an economic, technical or organizational (ETO) reason. Held: The two regulations are exclusive. If, 8(2) applies then the purposive construction following from 8(1) does not apply. If an ETO reason was established, it must relate to the future conduct of the business. In this case, but for the purchaser, all the employees would have been dismissed. Any liability for the dismissal was not transferred. EAT Transfer of Undertakings - Economic Technical or Organisational Reason Transfer of Undertakings (Protection of Employment) Regulations 1981 8(1) 8(2) Â Young v Reading Borough Council [2001] UKEAT 0293_01_0309 3 Sep 2001 EAT Employment [ Bailii ] Â Initial Contract Services Ltd v Harrison and others [2001] UKEAT 64_01_0309 3 Sep 2001 EAT Employment [ Bailii ] Â Jussun v Unison and Another [2001] UKEAT 0321_01_0309 3 Sep 2001 EAT Employment [ Bailii ] Â Michie v London Underground Ltd [2001] UKEAT 0297_01_0309 3 Sep 2001 EAT Employment [ Bailii ] Â S Aikman v D Stubbs EAT/992/00 3 Sep 2001 EAT The Honourable Mr Justice Douglas Brown Employment EAT Time Limits - (no sub-topic) [ EATn ] Â Aikman v Stubbs [2001] UKEAT 992_00_0309 3 Sep 2001 EAT Employment [ Bailii ] Â G Thompson v SCS Consulting Limited, Lava Systems (Europe) Limited, Open Text (UK) Limited EAT/34/00 3 Sep 2001 EAT Mr Recorder Burke Qc Employment EAT Transfer of Undertakings - Economic technical or organisational reason. [ EATn ] Â John Dickie Homes Ltd v Daniel Jones EAT/146/01 3 Sep 2001 EAT The Honourable Lord Johnston Employment EAT Unlawful Deduction from Wages - (no sub-topic). [ EATn ] Â F and J Arpino Ltd v M Enti EAT/1459/00 4 Sep 2001 EAT Mr Recorder Langstaff QC Employment The employee had claimed unfair dismissal, and the tribunal ordered a preliminary hearing to consider whether he had sufficient service. However at that preliminary hearing the tribunal found that though there was insufficient service, he was due payment in lieu, and awarded accordingly. No such claim had been made. The decision must be set aside, and the case was remitted. EAT Procedural Issues - Employment Appeal Tribunal Â Scottish and Southern Energy Plc v Michael Alan Birch EAT/325/01 4 Sep 2001 EAT The Honourable Lord Johnston Scotland, Employment The claim was submitted outside the time limitation period, and the employer appealed the finding of jurisdiction. The employee was not represented, and thought the limit ran from a meeting after the dismissal. Where there is a mistaken belief as to the existence of a time or a date from which a claim should run, that is not relevant to the question of reasonable practicability. The tribunal had therefore erred in taking account of that mistake, and they had also misconstrued the test or reasonable practicability, by testing for understandability. EAT Jurisdiction - 1 Cites Â Perth and Kinross Council v Ann Howard EAT/336/01 4 Sep 2001 EAT The Honourable Lord Johnston Employment, Scotland The employee had been permitted to work additional hours for another employer. She continued that work during a period of extended sickness, and was dismissed for misconduct. The tribunal held that the involvement of the auditor both in the investigation, and in the decision making process was a breach of natural justice, and the dismissal was unfair. The authority appealed. It was held that the evidence did not sufficiently justify the decision and this was an error of law. Held: There was insufficient evidence for the EAT to substitute its own view, and the case was remitted to a new tribunal. EAT Unfair Dismissal - Procedural Fairness Employment Rights Act 1996 116 1 Cites Â Perth and Kinross Council v Ms Ann Howard EAT/336/01 4 Sep 2001 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Procedural fairness/automatically unfair dismissal. [ EATn ] Â F and J Arpino Ltd v M Enti EAT/1459/00 4 Sep 2001 EAT Mr Recorder Langstaff Qc Employment EAT Procedural Issues - Employment Appeal Tribunal. [ EATn ] Â Regent Inns Plc v Shah [2001] UKEAT 212_01_0409 4 Sep 2001 EAT Employment [ Bailii ] Â F and J Arpino Ltd v Enti [2001] UKEAT 1459_00_0409 4 Sep 2001 EAT Employment [ Bailii ] Â Scottish and Southern Energy Plc v Michael Alan Birch EAT/325/01 4 Sep 2001 EAT The Honourable Lord Johnston Employment EAT Jurisdiction - (no sub-topic). [ EATn ] Â Inverclyde Council v Stanley Wilson and 10 Ors EAT/349/01 5 Sep 2001 EAT The Honourable Lord Johnston Employment EAT Unlawful Deduction from Wages - (no sub-topic). [ EATn ] Â Conway v Comms People Ltd [2001] UKEAT 388_01_0509 5 Sep 2001 EAT Employment [ Bailii ] Â Shahid v Abela Airline Catering [2001] UKEAT 855_01_0509 5 Sep 2001 EAT Employment [ Bailii ] Â Hall v Louei [2001] UKEAT 317_01_0509 5 Sep 2001 EAT Employment [ Bailii ] Â Roberts v National Union of Journalists [2001] UKEAT 941_01_0609 6 Sep 2001 EAT Employment [ Bailii ] Â Jayasuriya v Meat Hygiene Service and Another [2001] EWCA Civ 1393 6 Sep 2001 CA Peter Gibson LJ Employment 1 Cites [ Bailii ] Â Martin v Goldsobel EAT/0381/00; [2001] UKEAT 0381_00_0609 6 Sep 2001 EAT Mr Recorder Underhill QC Discrimination, Employment The employee had been dismissed. She alleged that it was because of her pregnancy, and was automatically unfair. The employers, a firm of solicitors, alleged that it related to her standards of work. Held: To establish sex discrimination a woman does not need to show that her pregnancy was the only cause, or even the main cause, of her being dismissed; it is enough if it was an effective cause. The Tribunal misdirected itself that the Appellant had to establish both the test for automatic unfair dismissal and the test for sex discrimination, and the reasons had failed to deal in sufficient detail with the factual disputes. EAT Sex Discrimination - Inferring Discrimination Employment Rights Act 1996 99 1 Cites [ Bailii ] - [ EAT ] Â Maffei v Peter Boizot (Franchise) Ltd and Another [2001] UKEAT 715_01_0709 7 Sep 2001 EAT Employment [ Bailii ] Â Bruce Anchor (Scotland) Ltd v Linda J Turbert EAT/455/01 7 Sep 2001 EAT The Honourable Lord Johnston Employment The employer appealed a decision that they had constructively dismissed the claimant. They said that by delaying her resignation, she had affirmed the contract. She had been off work and expected to return only after a length of time for recuperation. She resigned upon returning to work. The EAT found that the circumstances of the delay, and in particular that the employer had done nothing to address her grievances in the meantime, were capable of founding the tribunal's finding that she had not affirmed the changes in her employment. EAT Unfair Dismissal - Reason for Dismissal 1 Cites Â Ali v Save Service Station Ltd [2001] UKEAT 338_01_0709 7 Sep 2001 EAT Employment [ Bailii ] Â Design and Display Ltd v Morris [2001] UKEAT 416_01_0709 7 Sep 2001 EAT Employment [ Bailii ] Â Smith v Sodexho Ltd [2001] UKEAT 968_01_0709 7 Sep 2001 EAT Employment [ Bailii ] Â Bruce Anchor (Scotland) Ltd v Linda J Turbert EAT/455/01 7 Sep 2001 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â Matthews v Tesco Stores Ltd [2001] UKEAT 324_01_0709 7 Sep 2001 EAT Employment [ Bailii ] Â N G Wilson v University of Brighton EAT/0637/00 9 Sep 2001 EAT The Honourable Mr Justice Lindsay (President) Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â Doshoki v Draeger Ltd [2001] UKEAT 0939_01_1009 10 Sep 2001 EAT Employment [ Bailii ] Â Gardner v North Bristol NHS Trust [2001] UKEAT 0510_01_1009 10 Sep 2001 EAT Employment [ Bailii ] Â Marshall v Hardys and Hansons Plc [2001] UKEAT 0878_01_1009 10 Sep 2001 EAT Employment [ Bailii ] Â Lawal v Foster and Another [2001] UKEAT 0342_01_1009 10 Sep 2001 EAT Langsstaff QC Rec Employment [ Bailii ] Â Ml Lifeguard Equipment Ltd v Wood [2001] UKEAT 0376_01_1009 10 Sep 2001 EAT Employment [ Bailii ] Â Negatu v Wilson James Ltd [2001] UKEAT 351_01_1009 10 Sep 2001 EAT Employment [ Bailii ] Â Rr Transport v Sincock [2001] UKEAT 0606_01_1009 10 Sep 2001 EAT Employment [ Bailii ] Â Taywood Homes Ltd v Brett and others [2001] UKEAT 0622_01_1009 10 Sep 2001 EAT Employment [ Bailii ] Â Walker and Another (T/A Walker's School of Motoring) v Mills [2001] UKEAT 561_01_1009 10 Sep 2001 EAT Employment [ Bailii ] Â Koksal v Business Link London (the City, Hackney and Islington) Ltd [2001] UKEAT 0344_01_1009 10 Sep 2001 EAT Employment [ Bailii ] Â Whitbread Walker Ltd v D C Jones 11 Sep 2001 EAT Mr Recorder Langstaff QC Employment The employee was dismissed. The tribunal found that the suggestion of redundancy was a pretence, but had then gone on to find sex discrimination and found against the employer without considering the possibility of a defence under the section. However, the EAT found that that possibility must be raised by the employer's advocate. Appeal dismissed. EAT Procedural Issues - Employment Tribunal Sex Discrimination Act 1975 65(1)(b) Â Jabbal v Consignia Plc [2001] UKEAT 377_01_1109 11 Sep 2001 EAT Langstaff QC Rec Employment, Discrimination Race Relations Act 1976 [ Bailii ] Â Whitbread Walker Ltd v D C Jones EAT/1084/99 11 Sep 2001 EAT Mr Recorder Langstaff Qc Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â Whitbread Walker Ltd v Jones [2001] UKEAT 1084_99_1109 11 Sep 2001 EAT Employment [ Bailii ] Â Nidus (UK) Ltd v Carey [2001] UKEAT 681_01_1209 12 Sep 2001 EAT Employment [ Bailii ] Â J I Witt v British Red Cross EAT/0638/00 12 Sep 2001 EAT His Hon Judge D Serota Qc Employment EAT Unfair Dismissal - Other [ EATn ] Â J I Witt v British Red Cross EAT638/00 12 Sep 2001 EAT His Hon Judge D Serota Qc Employment EAT Unfair Dismissal - Other [ EATn ] Â Hampton v John Betts Plumbing and Heating [2001] UKEAT 532_01_1209 12 Sep 2001 EAT Employment [ Bailii ] Â Foote v Securitas UK Ltd [2001] UKEAT 1259_00_1209 12 Sep 2001 EAT Employment [ Bailii ] Â Ferber v Talbot (T/A Bluebell Studios) [2001] UKEAT 0368_01_1209 12 Sep 2001 EAT Employment [ Bailii ] Â Elizabeth Duff Travel Ltd v Bray [2001] UKEAT 517_01_1209 12 Sep 2001 EAT Employment [ Bailii ] Â Durrant v Financial Collection Agency Ltd [2001] UKEAT 1325_00_1209 12 Sep 2001 EAT Employment [ Bailii ] Â Martin v Surrey and Sussex NHS Trust [2001] UKEAT 0866_01_1209 12 Sep 2001 EAT Employment [ Bailii ] Â Mellors v Chairman Management Committee of Bridgnorth and District Cab [2001] UKEAT 0384_01_1209 12 Sep 2001 EAT Employment [ Bailii ] Â Dan's Cafe (A Partnership) v Bozkurt and Another [2001] UKEAT 0174_01_1209 12 Sep 2001 EAT Employment [ Bailii ] Â Howell v Aldi Gmbh [2001] UKEAT 365_01_1209 12 Sep 2001 EAT Employment [ Bailii ] Â Shooter v Dorlux Beds Ltd [2001] UKEAT 748_01_1209 12 Sep 2001 EAT Employment [ Bailii ] Â Armitage Rest Homes Ltd (T/A Fairview Residential Home) v Begum [2001] UKEAT 0378_01_1209 12 Sep 2001 EAT Employment [ Bailii ] Â Chong v Marek and Co [2001] UKEAT 361_01_1209 12 Sep 2001 EAT Employment [ Bailii ] Â Witt v British Red Cross [2001] UKEAT 0638_00_1209 12 Sep 2001 EAT Employment [ Bailii ] Â North Staffordshire Combined Healthcare NHS Trust v Ayes [2001] UKEAT 850_01_1209 12 Sep 2001 EAT Employment [ Bailii ] Â Â Maidstone Borough Council v Tebbutt; EAT 13-Sep-2001 - [2001] UKEAT 768_00_1309; EAT/768/00 Â Barlow v Southwark [2001] UKEAT 536_00_1309 13 Sep 2001 EAT Employment [ Bailii ] Â Sibanda v Barnet Community Healthcare NHS Trust and others [2001] UKEAT 496_01_1309 13 Sep 2001 EAT Employment [ Bailii ] Â Moore-Williams v Exchange House Services Ltd [2001] UKEAT 473_01_1309 13 Sep 2001 EAT Employment [ Bailii ] Â Sharp v W G Ball Ltd [2001] UKEAT 294_01_1309 13 Sep 2001 EAT Employment [ Bailii ] Â Levy v Dudley Bower Facilities Management Ltd [2001] UKEAT 328_01_1309 13 Sep 2001 EAT Employment [ Bailii ] Â Coad v Blows [2001] UKEAT 519_00_1309 13 Sep 2001 EAT Employment 1 Cites [ Bailii ] Â Hauxwell and Another v Secretary of State for Trade and Industry and others [2001] UKEAT 0386_01_1409 14 Sep 2001 EAT Employment [ Bailii ] Â Sambrook v Miles [2001] UKEAT 0396_01_1409 14 Sep 2001 EAT Employment [ Bailii ] Â Lutak v William West and Son (Ilkeston) Ltd EAT/32/01 14 Sep 2001 EAT His Hon Judge D Serota Qc Employment EAT Transfer of Undertakings - Transfer. [ EATn ] Â Odedra v Mead and Another [2001] UKEAT 0479_01_1409 14 Sep 2001 EAT Employment [ Bailii ] Â Fenton v Newham Community Health Services NHS Trust [2001] UKEAT 413_01_1709 17 Sep 2001 EAT Employment [ Bailii ] Â Higgins and others v Ipel Ltd and Another [2001] UKEAT 1026_00_1709 17 Sep 2001 EAT Employment [ Bailii ] Â Indran v Sunset Travel Ltd [2001] UKEAT 0520_01_1709 17 Sep 2001 EAT Employment [ Bailii ] Â National Minimum Wage Compliance Officer of the Inland Revenue v Hewitson and Another (T/A Executive Coach Catering Services) [2001] UKEAT 489_01_1709; EAT/489/01 17 Sep 2001 EAT His Honour Judge D Serota QC Employment The respondents supplied stewards and stewardesses to coach companies. The staff were, by agreement with the Inland Revenue self-employed. The wages were alleged to be low, and the issue arose as to whether they were workers within the Act. Certain parts of their duties were as employees. The respondents contended that the arrangements as a whole had to be considered. The tribunal erred in considering the stewards to be workers. National Minimum Wage Act 1998 54(3) [ Bailii ] - [ EAT ] Â China National Star Petroleum Corporation v James Thain and 12 Others, Tor Drilling (Uk) Ltd, Dolphin Drilling Ltd EAT/236/01 17 Sep 2001 EAT The Honourable Lord Johnston Employment, Scotland The proposed respondent was a company of the Chinese State, with no base of business in the UK. Solicitors had represented them in other actions, and an order was made, to serve the papers on the solicitors. They contended that they had no instructions to accept service, and they had not been present at the application to make them authorised representatives under the Regulations. The concept of holding the solicitors to be such should not have been canvassed without them being given notice. The order was quashed and remitted to a differently constituted tribunal. EAT Procedural Issues - Employment Tribunal Employment Tribunals (Constitution and Rules of Procedure (Scotland) Regulations 1993 Â Harley v Commissioner of Police of the Metropolis [2001] UKEAT 1111_01_1809 18 Sep 2001 EAT Langstaff QC Rec Employment, Discrimination Application for hearing to be postponed. 1 Cites [ Bailii ] Â Exile Productions Ltd and Another v Braddock [2001] UKEAT 1079_01_1809 18 Sep 2001 EAT Employment [ Bailii ] Â London Clubs Management Ltd v Hood EAT/184/00; [2001] IRLR 719; [2001] UKEAT 184_00_1809 18 Sep 2001 EAT Miss Recorder Elizabeth Slade QC Discrimination, Employment The employee developed a series of headaches. He was off work for many weeks, and the company cut his sick pay. He claimed disability discrimination. The company claimed he was not being paid because he was not at work, the company having exercised its discretion to stop payment of sick pay generally. The correct question was whether he was refused sick pay for a reason related to his disability, on the facts found by the Tribunal. The tribunal having found that the company had made that decision, the decision that he had not been paid because of his sickness was perverse. "In our judgment, the natural meaning of 'scheme or arrangement for the benefit of employees' does not include payment of sick pay by an employer to an employee under a contract of employment. Such payments are made by the employer to rather than 'for the benefit' of the employee. Further, they are made pursuant to the contract of employment, an expression used in s. 4(3) rather that 'under an arrangement', the expression used in s 6(11)." The decision was also set aside for other reasons. Case remitted. EAT Disability Discrimination - Disability Disability Discrimination Act 1995 4(2)(d) 1 Citers [ Bailii ] - [ EATn ] Â The Prince's Trust and others v Beckford [2001] UKEAT 303_01_1809 18 Sep 2001 EAT Employment [ Bailii ] Â Pendragon Premier Ltd (T/A Stratstone of Mayfair) v Burkhardt [2001] UKEAT 313_01_1809 18 Sep 2001 EAT Employment [ Bailii ] Â Zaiwalla and Co and Another v Walia [2001] UKEAT 451_00_1809 18 Sep 2001 EAT Employment 1 Cites 1 Citers [ Bailii ] Â Byrne Brothers (Formwork) Limited v Baird EAT/542/01; [2001] UKEAT 542_01_1809; [2002] IRLR 96; [2002] ICR 667; [2002] Emp LR 567 18 Sep 2001 EAT Mr Recorder Underhill QC Employment EAT The Tribunal was asked whether the claimant was a worker within the meaning of the Regulations and so entitled to their protection in receiving holiday pay. Held: The appropriate classification of a contract the subject of such a question will in every case depend upon a careful analysis of all the elements of the relationship. Recorder Underhill QC said: "The intention behind the regulation is plainly to create an intermediate class of protected worker, who is on the one hand not an employee but on the other hand cannot in some narrower sense be regarded as carrying on a business . . It is sometimes said that the effect of the exception is that the 1998 Regulations do not extend to the 'genuinely self-employed'; but that is not a particularly helpful formulation since it is unclear how 'genuine' self-employment is to be defined." He continued, saying that the degree of independence is critical: "Thus the essence of the intended distinction must be between, on the one hand, workers whose degree of dependence is essentially the same as that of employees and, on the other, contractors who have a sufficiently arm's-length and independent position to be treated as being able to look after themselves in the relevant respects." Working Time Regulations 1998 16 1 Citers [ Bailii ] - [ EATn ] Â In Shop Centres Plc v Weston [2001] UKEAT 468_01_1809 18 Sep 2001 EAT Employment [ Bailii ] Â Phoenix Catering Ltd v Ms J Mayers EAT/0302/01 19 Sep 2001 EAT His Honour Judge Peter Clark Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â M Franks M P Sowerby G Howells, J W Raby v The Torrington Co Ltd EAT/0617/01 19 Sep 2001 EAT His Honour Judge Peter Clark Employment The applicants had been dismissed for redundancy. They appealed refusal of orders to disclose documents, which they contended would show that the scoring system chosen to make selections, had been manipulated to ensure their selection. Held: No error of law had been shown, nor sufficient reason to require the wide ranging disclosure requested. EAT Procedural Issues - Employment Tribunal 1 Cites [ EATn ] Â Pinnacle AIC Ltd v Honeyman and others [2001] UKEAT 411_01_1909 19 Sep 2001 EAT Employment 1 Citers [ Bailii ] Â Mulraine v ABC Contract Services Ltd [2001] UKEAT 484_01_1909 19 Sep 2001 EAT Employment [ Bailii ] Â Franks and others v Raby and Another [2001] UKEAT 0617_01_1909 19 Sep 2001 EAT Employment [ Bailii ] Â Chambers v Secretary of State for Trade and Industry [2001] UKEAT 543_01_1909 19 Sep 2001 EAT Employment [ Bailii ] Â Phoenix Catering Ltd v J Mayers EAT/0302/01 19 Sep 2001 EAT His Honour Judge Peter Clark Employment The claimant had made claims for arrears of pay and holiday pay after termination of her employment. Those claims failed, but the tribunal awarded holiday pay for a period for which she had made no claim. The claimant had indicated by letter that she did not seek to assert that the money was due. No warning had been given to the respondent of the intention to make that claim, and they had not been given opportunity to make representations. Accordingly the decision was set aside. EAT Procedural Issues - Employment Tribunal 1 Cites Â Branchett v Stroud College [2001] UKEAT 1105_01_1909 19 Sep 2001 EAT Employment Claim of unfair constructive dismissal. [ Bailii ] Â Winnard v Daniel Thwaites Plc [2001] UKEAT 0406_01_1909 19 Sep 2001 EAT Employment [ Bailii ] Â Sam v Guy'S and St Thomas'S Hospital Trust [2001] UKEAT 0156_00_1909 19 Sep 2001 EAT Employment [ Bailii ] Â Spruyt v Commission [2001] EUECJ T-171/00 20 Sep 2001 ECFI Employment Officials. [ Bailii ] Â Luck v Tower Hamlets [2001] UKEAT 252_01_2009 20 Sep 2001 EAT Employment [ Bailii ] Â Recalde Langarica v Commission [2001] EUECJ T-344/99 20 Sep 2001 ECFI Employment Officials. [ Bailii ] Â Kyamanywa v Hackney [2001] UKEAT 773_01_2009 20 Sep 2001 EAT Employment [ Bailii ] Â Puplampu v Pathfinder Mental Health Service NHS Trust [2001] UKEAT 1006_00_2009 20 Sep 2001 EAT Employment [ Bailii ] Â Williams v Staffordshire County Council [2001] UKEAT 723_01_2009 20 Sep 2001 EAT Employment [ Bailii ] Â Coget and others v Court of Auditors T-95/01; [2001] EUECJ T-95/01 20 Sep 2001 ECFI Employment Officials. [ Bailii ] Â Forcer v Bakers Food and Allied Workers Union [2001] UKEAT 0658_00_2009; EAT/0658/00 20 Sep 2001 EAT His Hon Judge D Serota QC Employment EAT Jurisdiction [ Bailii ] - [ EAT ] Â Johnson and Johnson Medical Ltd v Filmer EAT/1087/00; [2001] UKEAT 1087_00_0510 20 Sep 2001 EAT His Hon Judge Clark Discrimination, Employment Against a background of disciplinary proceedings alleging threats by the employee, and allegations of harassment, she was dismissed for ill health. She requested an adjustment to the procedures to allow her to give written evidence after advice from her doctor about the inadvisability of attending a hearing for her health. When this was refused, she laid a complaint of disability discrimination. It was agreed that she was disabled, and that her complaint of harassment had been unable to continue in the light of the way the disciplinary proceedings were conducted. The tribunal had failed to address the 6(4)(a) question. The tribunal was wrong to dismiss the employer's defence of justification on the sole grounds that they were ignorant of the Code, particularly where they had allowed for the need to make reasonable adjustments. Held: Appeal remitted to the same tribunal. EAT Disability Discrimination - Direct Disability Discrimination Act 1996 6(4)(a) 1 Cites [ Bailii ] - [ EATn ] Â Stephen Fidler and Co v Kapadia [2001] UKEAT 765_01_2009 20 Sep 2001 EAT Underhill QC R Employment Leave to appeal granted 1 Citers [ Bailii ] Â S Titchener , G White, S King, R Sinclair v The Secretary of State for Trade and Industry EAT/0026/01 21 Sep 2001 EAT Ms Recorder Cox QC Employment The applicants challenged the calculation of sums payable to them by the respondent after the insolvency of their respective employers. The ET had found against them, and they appealed. Payments were subject to a cap at £220 per week. The respondent applied the cap, and then deducted NI contributions. The appellants argued that the deductions should have been made first, and then the cap applied. The tribunal felt bound by the Morris case. Had that been overruled by Mann? Held: Morris remained correct. Reference in the statute to the gross pay suggested that that was the figure to which the cap applied. Mann did not overrule Morris. EAT Insolvent Employer - Employment Rights Act 1996 186 - Council Directive 80/987/EEC on the approximation of the laws of the Member States relating to the protection of employees in the event of insolvency of their employer 1 Cites Â Ramanlal v Sheth and Another [2001] UKEAT 0556_01_2109 21 Sep 2001 EAT Employment [ Bailii ] Â Chief Constable of Bedfordshire Police v Liversidge EAT/773/00; [2002] ICR 1135; [2001] UKEAT 773_00_2109 21 Sep 2001 EAT The Honourable Mr Justice Lindsay (President) Discrimination, Police, Employment, Employment, Discrimination, Employment The Chief Constable appealed against a refusal to strike out a claim by the respondent that he had racially discriminated against her. Force members had used code words for racially abusive terms about her. The claim was that he was vicariously liable for the acts of his Force members. Liability was asserted against the chief constable under the De Vere case, but no assertion was pleaded to bring it within that rule. Held: Police officers are not employees in the simple sense, and the Act did not make the Chief Constable vicariously liable. EAT Race Discrimination - Direct Race Relations Act 1976 16 32(3) 1 Cites 1 Citers [ Bailii ] - [ EATn ] Â Chief Constable of Bedfordshire Police v Liversidge EAT/773/00; [2002] ICR 1135; [2001] UKEAT 773_00_2109 21 Sep 2001 EAT The Honourable Mr Justice Lindsay (President) Discrimination, Police, Employment, Employment, Discrimination, Employment The Chief Constable appealed against a refusal to strike out a claim by the respondent that he had racially discriminated against her. Force members had used code words for racially abusive terms about her. The claim was that he was vicariously liable for the acts of his Force members. Liability was asserted against the chief constable under the De Vere case, but no assertion was pleaded to bring it within that rule. Held: Police officers are not employees in the simple sense, and the Act did not make the Chief Constable vicariously liable. EAT Race Discrimination - Direct Race Relations Act 1976 16 32(3) 1 Cites 1 Citers [ Bailii ] - [ EATn ] Â Sidibeh v Arran Associates [2001] UKEAT 0544_01_2109 21 Sep 2001 EAT Employment [ Bailii ] Â Roberts v Birkenhead Sixth Form College [2001] UKEAT 0449_01_2109 21 Sep 2001 EAT Employment [ Bailii ] Â Newton v Alcohol East [2001] UKEAT 0707_01_2109 21 Sep 2001 EAT Employment [ Bailii ] Â Chaffer v Southern Birmingham Community Health NHS Trust [2001] UKEAT 0672_00_2109 21 Sep 2001 EAT Employment 1 Cites [ Bailii ] Â Morrow v Safeway Stores Plc [2001] UKEAT 0275_00_2109; [2002] IRLR 9 21 Sep 2001 EAT Ms Recorder Cox QC Employment The claimant appealed against dismissal of her claim of unfair constructive dismissal. She complained of having been publicly told off. The court considered whether this amounted to a breach of a fundamental term of her contract entitling her to claim constructive dismissal. 1 Cites 1 Citers [ Bailii ] - [ EATn ] Â S Titchener, 2) G White, S King, R Sinclair v the Secretary of State for Trade and Industry EAT/0026/01 21 Sep 2001 EAT Ms Recorder Cox Qc Employment EAT Insolvency - (no sub-topic) [ EATn ] Â Carshalton College v Morris [2001] UKEAT 0673_01_2109 21 Sep 2001 EAT Employment [ Bailii ] Â Lassman v De Vere University Arms Hotel [2001] UKEAT 0306_01_2109 21 Sep 2001 EAT Employment 1 Citers [ Bailii ] Â Titchener and Others v The Secretary of State for Trade and Industry [2001] UKEAT 0026_01_2109; [2001] Emp LR 1342; [2002] ICR 225; [2002] IRLR 195 21 Sep 2001 EAT Employment The tribunal was asked whether, in making payments to each Appellant, pursuant to an application under section 182 of the Employment Rights Act 1996, in respect of arrears of pay owed by his/her former, insolvent employer, the Respondent has correctly calculated the payments made. At the time of the payments made in this case there was a statutory cap of Â£220 in respect of any one week (the figure is currently Â£240). The Respondent took the weekly, gross pay figure for each Appellant, applied the statutory cap and then deducted from that figure amounts due by way of national insurance contributions and any relevant benefits to be recouped pursuant to Regulations. The Appellants contend that the Respondent should have made all appropriate deductions from the gross figure first, in order to determine the sum that was payable to the employee by the insolvent employer, before applying the statutory cap. Held: The appeals were dismissed. Employment Rights Act 1996 186 [ Bailii ] Â Chief Constable of Bedfordshire Police v Liversidge EAT/773/00; [2002] ICR 1135; [2001] UKEAT 773_00_2109 21 Sep 2001 EAT The Honourable Mr Justice Lindsay (President) Discrimination, Police, Employment, Employment, Discrimination, Employment The Chief Constable appealed against a refusal to strike out a claim by the respondent that he had racially discriminated against her. Force members had used code words for racially abusive terms about her. The claim was that he was vicariously liable for the acts of his Force members. Liability was asserted against the chief constable under the De Vere case, but no assertion was pleaded to bring it within that rule. Held: Police officers are not employees in the simple sense, and the Act did not make the Chief Constable vicariously liable. EAT Race Discrimination - Direct Race Relations Act 1976 16 32(3) 1 Cites 1 Citers [ Bailii ] - [ EATn ] Â Gregory v Parker Pen Company [2001] UKEAT 0450_01_2109 21 Sep 2001 EAT Employment [ Bailii ] Â Taunton Association for the Homeless Ltd v N E Boswell EAT/0620/00 23 Sep 2001 EAT Her Honour Judge A Wakefield Employment EAT Unfair Dismissal - Reason for Dismissal Â Taunton Association for the Homeless Ltd v N E Boswell EAT/0620/00 23 Sep 2001 EAT Her Honour Judge A Wakefield Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â Hobson v Hi-Way Express and others [2001] UKEAT 0892_01_2409 24 Sep 2001 EAT Employment [ Bailii ] Â D Boughton W Boughton v Audio Group International Ltd EAT/1202/00 24 Sep 2001 EAT His Honour Judge Peter Clark Employment EAT Unfair Dismissal - Other Â Fuller v Mastercare Service and Distribution [2001] UKEAT 0707_00_2409 24 Sep 2001 EAT Employment [ Bailii ] Â Gilbert v Cleary Industrial Cleaners [2001] UKEAT 461_01_2409 24 Sep 2001 EAT Employment [ Bailii ] Â Davies (T/A Planet Earth Chartered Landscape Architects) v Vercammen [2001] UKEAT 0567_01_2409 24 Sep 2001 EAT Employment [ Bailii ] Â D Boughton W Boughton v Audio Group International Ltd EAT/1202/00 24 Sep 2001 EAT His Honour Judge Peter Clark Employment EAT Unfair Dismissal - Other [ EATn ] Â Boughton and Another v Audio Group International Ltd [2001] UKEAT 1202_00_2409 24 Sep 2001 EAT Employment [ Bailii ] Â Albion Hotel (Freshwater) Ltd v M Maia Silva L A Maia E Silva EAT/375/00 24 Sep 2001 EAT His Hon Judge D M Levy QC Employment EAT Unfair Dismissal - Other 1 Cites 1 Citers Â Carter v Hi-Way Express and others [2001] UKEAT 0813_01_2409 24 Sep 2001 EAT Employment [ Bailii ] Â Hickey v Harada Ltd [2001] UKEAT 410_01_2409 24 Sep 2001 EAT Employment [ Bailii ] Â Harlow v General Healthcare Group Ltd [2001] UKEAT 0436_01_2509 25 Sep 2001 EAT Employment [ Bailii ] Â D Watt (Shetland) Ltd v Christian Reid EAT/424/01 25 Sep 2001 EAT The Honourable Lord Johnston Discrimination, Damages, Employment, Scotland The employer appealed an award of ten thousand pounds including aggravated damages, and other elements after a finding of sex discrimination. They also awarded six hundred pounds in interest. It was asserted that Scots law did not allow for aggravated damages. The EAT has power to review an award of damages. The award of aggravated damages was inconsistent with Scottish law, and was set aside, with the award of interest being reduced proportionately. EAT Sex Discrimination - Injury to Feelings Sex Discrimination Act 1975 - Employment Tribunals (Interest on Awards in Discrimination Cases) Regulations 1996 1 Cites Â Amor v Galliard Homes Ltd [2001] UKEAT 47_01_2509 25 Sep 2001 EAT Employment [ Bailii ] Â Direct Line Accident Management Ltd v Shahid Zaidi EAT/0384/00; [2001] UKEAT 0384_00_2509 25 Sep 2001 EAT His Honour Judge D Serota QC Employment, Discrimination EAT Race Discrimination - Victimisation [ Bailii ] Â Flexible Ducting Ltd v George Donald Stirling EAT/423/01 25 Sep 2001 EAT The Honourable Lord Johnston Employment, Damages The issue was the valuation of share options no longer exercisable by the claimant after dismissal. Any assessment involved unwelcome speculation, but the tribunal had recognised the need to take a broad approach. No error of law was shown in the ET decision, but both parties accepted that there had been errors. The employer complained that the tribunal had valued gains not losses. The arithmetical errors asserted by the claimant seemed correct. The only step the EAT could take was to remit the case to the same tribunal. EAT Unfair Dismissal - Compensation 1 Cites [ EATn ] Â Thompson v Community Health South London NHS Trust [2001] UKEAT 1051_00_2509 25 Sep 2001 EAT Employment [ Bailii ] Â Eya Menjor v Harrison Card Ltd EAT/1217/00 26 Sep 2001 EAT His Honour Judge J R Reid QC Employment EAT Unfair Dismissal - Reason for Dismissal Â Holliday v Because It's There Ltd and Another [2001] UKEAT 0574_01_2609 26 Sep 2001 EAT Employment [ Bailii ] Â Hutton v Vehicle Inspectorate [2001] UKEAT 0487_01_2609 26 Sep 2001 EAT Employment [ Bailii ] Â Bedfordshire Constabulary v Graham [2001] UKEAT 1061_00_2609 26 Sep 2001 EAT Employment [ Bailii ] Â P&O Trans European Ltd v Initial Transport Services Ltd and others [2001] UKEAT 0415_01_2609 26 Sep 2001 EAT Employment [ Bailii ] Â Hewlett Packard Ltd v M O'Murphy EAT/612/01; [2001] UKEAT 612_01_2609 26 Sep 2001 EAT The Honourable Mr Justice Douglas Brown Employment The applicant, a computer programmer, worked through his own limited company. That company contracted with an agency to provide his services, and the agency contracted with appellant to supply on those services. The contracts did contain some confusion as to his identity and status. The company appealed a finding that he was their employee. The tribunal had erred in not taking as its first step the task of asking if a contract existed between the parties. The contractual arrangements were not stated to be a sham. The finding that the company was the agent of the appellant was not supported by any evidence, and could not itself be supported. EAT Contract of Employment - Definition of Employee EAT Contract of Employment - Definition of employee. 1 Cites 1 Citers [ Bailii ] - [ EATn ] Â Clayton v Ashbourne Homes Ltd [2001] UKEAT 0502_01_2609 26 Sep 2001 EAT Employment [ Bailii ] Â Cullen v London Borough of Hounslow and Another [2001] UKEAT 0480_01_2609 26 Sep 2001 EAT Employment [ Bailii ] Â Deman v Imperial College of Science and Technology Management School [2001] UKEAT 1136_01_2609 26 Sep 2001 EAT Employment [ Bailii ] Â Eya Menjor v Harrison Card Ltd EAT/1217/00 26 Sep 2001 EAT His Honour Judge J R Reid Qc Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â Ekblom v Inland Revenue [2001] UKEAT 445_01_2609 26 Sep 2001 EAT Employment [ Bailii ] Â H J Greenhalf, R Greenhalf v OCS Cleaning South Ltd, Absolute Support Services Ltd 27 Sep 2001 EAT Her Honour Judge Wakefield Employment EAT Transfer of Undertakings The applicants worked for the first respondent cleaning a certain set of offices. The company lost the contract to the second respondent. They claimed that their had taken place a transfer of undertakings within the regulations. They appealed a decision that what had been transferred was a contractual right rather than an undertaking, misapplying Suzen. They had not found incorrectly there, but had attached weight to the reasons behind the change. That was incorrect, and the decision could not stand. Transfer of Undertakings (Protection of Employment) Regulations 1981 (1981 No 1794) 1 Cites Â Mark John Donnelly, David Andrew Mcharg, James Dean Murray v Charnos Plc EAT/530/01 27 Sep 2001 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â Mark John Donnelly, David Andrew Mcharg, (3)James Dean Murray v Charnos Plc EAT/530/01 27 Sep 2001 EAT The Honourable Lord Johnston Employment The employees appealed the loss of their case for unfair dismissal. They asserted that the investigation made before the decision to dismiss was made, was inadequate. The EAT was concerned at the apparent weakness of the employer's investigation, but the real problem was that the tribunal had failed properly to address in its decision the issue of the fairness. No employer could reasonably have acted in this way, and the appeal succeeded. EAT Unfair Dismissal - Reason for Dismissal Employment Rights Act 1996 98(4) 1 Cites Â Bradford Hospitals NHS Trust v Burcher EAT/958/01; [2001] UKEAT 958_01_2809; EAT/958/01 28 Sep 2001 EAT His Honour Judge Peter Clark Employment EAT Procedural Issues - Employment Tribunal [ Bailii ] - [ EAT ] Â Roberts v National Union of Journalists [2001] UKEAT 1158_01_2809 28 Sep 2001 EAT Employment [ Bailii ] Â Cerinus v Bell College of Technology EAT/218/01 28 Sep 2001 EAT The Honourable Lord Johnston Employment The employee appealed against the dismissal of her claim for unfair dismissal. Following a re-organisation, she found that there was less and less work of the sort she was employed to undertake. She requested voluntary redundancy and was refused repeatedly. She eventually resigned. The tribunal had failed to give adequate or intelligible reasons for its decision, and the case would normally have to be remitted. The EAT gave some guidance on the duty of an employer to provide work. In such circumstances the issue of redundancy is peripheral. Any such failure to provide work must go to the heart of the employment contract. In this case the period of time over which work was not offered was insufficient to meet this test. In the unusual circumstances of the case, the appeal was dismissed rather than remitted. EAT Unfair Dismissal - Reason for Dismissal including substantial other reason. 1 Cites [ EAT ] Â Meakin v Liverpool City Council, Leisure Services Directorate EAT/142/00; EAT/142/00 28 Sep 2001 EAT Sir Christopher Bellamy QC Employment The applicant had worked for the respondent for many years. He was alleged to have been involved in a fight on the premises, and under the applicable policy, this was gross misconduct. He was dismissed, and appealed a finding against his unfair dismissal claim. Held: The test was did the employer believe that the conduct had taken place, was that belief reasonable, after a proper and reasonable investigation, and was it reasonable to dismiss having regard to the gravity of the misconduct which the employer believed had occurred? The tribunal and employer had properly looked at the differences between the two employees concerned. The appeal failed. EAT Unfair Dismissal - Reason for Dismissal 1 Cites [ EAT ] Â Sutton v Hmg Holdings Ltd [2001] UKEAT 756_00_2809 28 Sep 2001 EAT Employment [ Bailii ] Â Arriva North West Ltd v Lester [2001] UKEAT 1159_01_2809 28 Sep 2001 EAT Employment [ Bailii ] Â Meakin v Liverpool City Council Leisure Services Directorate [2001] UKEAT 142_00_2809 28 Sep 2001 EAT Employment [ Bailii ] Â Jones v Royal National Institute for the Blind [2001] UKEAT 575_01_2809 28 Sep 2001 EAT Employment [ Bailii ] Â the Executors of the Late Gary Soutar v James Murray and Co (Cupar) Ltd, the Scottishprovident Institution , (Scottish Provident Uk) EAT/592/01 30 Sep 2001 EAT The Honourable Lord Johnston Employment EAT Jurisdiction - Â the Executors of the Late Gary Soutar v James Murray and Co (Cupar) Ltd, the Scottish Provident Institution, (Scottish Provident Uk) EAT/592/01 30 Sep 2001 EAT The Honourable Lord Johnston Employment EAT Jurisdiction - (no sub-topic). [ EATn ] Â Celtec Limited v John Astley Julie Owens Deborah Lynn Hawkes EAT/293/00 1 Oct 2001 EAT The Honourable Mr Justice Hooper Employment EAT Transfer of Undertakings - Transfer. 1 Cites 1 Citers [ EATn ] Â Singh v NHS Executive and others [2001] UKEAT 709_01_0210 2 Oct 2001 EAT Employment [ Bailii ] Â The Chief Constable of the West Yorkshire Police v A, Secretary of State for Education EAT/231/00; EAT/661/99; [2002] ICR 552; [2001] UKEAT 661_99_0210 2 Oct 2001 EAT The Honourable Mr Justice Lindsay (President) Discrimination, Employment, Discrimination The Force appealed findings of sex discrimination against the respondent who had undergone gender reassignment. She required the fact of the procedure to be kept secret. The force refused her application for appointment since they said she would be unable to conduct searches, which were required in law to be by officers of the same sex as the person to be searched. She asserted that others would be able to conduct such searches. Held: The force had treated the applicant in the same way they would have dealt with a female to male gender assignee. The Act was clearly not intended to cope with these issues, but it must do so. It appeared implicit from the Tribunal's decision that the Force could be required to hold the applicant out to detainees and members of the public as female, when in law she remains a male. The tribunal erred. Adjusting to the applicant's requirements would be require unacceptable alterations, and the applicants requirements as to privacy were conflicting. However the incidence of physical searches was so low as to be not relevant. EAT Sex Discrimination - Direct Sex Discrimination Act 1975 7 - Sex Discrimination (Gender Reassignment) Regulations 1999 1 Cites 1 Citers [ Bailii ] - [ EAT ] Â McMullen's of Hertford v Sweetman [2001] UKEAT 0506_00_0210 2 Oct 2001 EAT Employment [ Bailii ] Â Â Sterzo v London Borough of Lewisham; EAT 2-Oct-2001 - [2001] UKEAT 1223_99_0210 Â Punch Precisions Ltd v Vergier [2001] UKEAT 805_01_0210 2 Oct 2001 EAT Employment [ Bailii ] Â Sajid v Sussex Muslim Society [2001] EWCA Civ 1684; [2002] IRLR 113 2 Oct 2001 CA Mummery, Laws LJJ Employment, Contract The defendant appealed against the strike out of parts of its defence. The claimant was employed as the mosque director and imam. He had brought an action in the Industrial Tribunal alleging wrongful dismissal, but notifying the defendants that any excess above what the tribunal could order would be sought in the current action. That action had been withdrawn on commencement of the High Court proceedings. The defence had been that this was an abuse of process. Held: The judge was correct. The case of Barber was to be distinguished because in the case the claimant had expressly reserved the roght to commence these proceedings: "The underlying policy of cause of action estoppel and related doctrines, which are usually classified under the heading res judicata, is that of finality in litigation and the avoidance of the multiplicity of proceedings. Save in special circumstances, it is contrary to public policy and may be an abuse of the process of the court to attempt to re-open in new proceedings a case which has already been litigated and finally determined by a court or tribunal in proceedings between the same parties or issues which could have been litigated properly between the parties in relation to the subject matter of the earlier litigation. This doctrine embodies, in my view, a principle of justice, not just policy. In the absence of special circumstances it is unjust for a party who spent time and money in obtaining a final determination of a claim or an issue in a claim to be faced with fresh proceedings from the other party seeking to re-litigate the same cause of action or the same issue." Employment Rights Act 1996 98(1)(b) 1 Cites 1 Citers [ Bailii ] Â S Okoruwa v Department for Work and Pensions EAT/440/00 3 Oct 2001 EAT The Honourable Mr Justice Wall Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â S Khan v Mcdonalds Restaurants Ltd EAT/401/00 3 Oct 2001 EAT His Honour Judge Peter Clark Employment EAT Contract of Employment - Breach of Contract. [ EATn ] Â L Ali v Delmac Accountants EAT/1421/00 3 Oct 2001 EAT His Honour Judge Peter Clark Employment EAT Procedural Issues - Employment Appeal Tribunal. [ EATn ] Â S Khan v Mcdonalds Restaurants Ltd EAT/401/00; [2001] UKEAT 401_00_0310 3 Oct 2001 EAT His Honour Judge Peter Clark Employment EAT Contract of Employment - Breach of Contract [ Bailii ] Â Seabridge and Another v Construction Projects Training Ltd and Another [2001] EWCA Civ 1492 3 Oct 2001 CA Employment [ Bailii ] Â S Okoruwa v Department for Work and Pensions EAT/440/00 3 Oct 2001 EAT The Honourable Mr Justice Wall Employment EAT Procedural Issues - Employment Tribunal Â L Ali v Delmac Accountants EAT/1421/00 3 Oct 2001 EAT His Honour Judge Peter Clark Employment The appellant had failed in an application for a redundancy payment, after his employer's business closed after investigation for criminal activities. Upon learning of the investigation the appellant had resigned. The ET had said he might have succeeded in a claim for constructive dismissal, but rejected the redundancy claim. Held: In his papers the appellant had conceded that he had not been made redundant. Once made, such a concession could not be withdrawn, and the appeal must fail. EAT Procedural Issues - Employment Appeal Tribunal Employment Rights Act 1996 139(1) 1 Cites Â Burke v Essilor Ltd [2001] UKEAT 605_00_0310 3 Oct 2001 EAT Employment [ Bailii ] Â Lexington Burke v Essilor Ltd EAT/605/00 3 Oct 2001 EAT Her Honour Judge A Wakefield Employment EAT Unfair Dismissal - Â Kassi v Edwards [2001] UKEAT 0708_00_0310 3 Oct 2001 EAT Employment [ Bailii ] Â Animadu v Mastercare Service and Distribution Ltd [2001] UKEAT 420_01_0310 3 Oct 2001 EAT Employment [ Bailii ] Â Ali v Delmac Accountants [2001] UKEAT 1421_00_0310 3 Oct 2001 EAT Employment [ Bailii ] Â Okoruwa v Department for Work and Pensions [2001] UKEAT 440_00_0310 3 Oct 2001 EAT Employment [ Bailii ] Â Abbey National Plc v Morjaria [2001] UKEAT 1036_01_0310 3 Oct 2001 EAT Employment [ Bailii ] Â Nutley v Thames Valley University [2001] UKEAT 0705_00_0410 4 Oct 2001 EAT Employment [ Bailii ] Â Francis v A C Skelton and Sons Ltd [2001] UKEAT 0587_00_0410 4 Oct 2001 EAT Employment [ Bailii ] Â Simmons v Post Office [2001] EWCA Civ 1486 4 Oct 2001 CA Employment [ Bailii ] Â London Borough of Barking and Dagenham v Cogley [2001] UKEAT 0630_01_0410 4 Oct 2001 EAT Employment [ Bailii ] Â Litigation Solutions Ltd v Jennings [2001] UKEAT 0402_01_0410 4 Oct 2001 EAT Employment [ Bailii ] Â Capital Security Services Ltd v Baldwin [2001] UKEAT 0474_01_0410 4 Oct 2001 EAT Employment [ Bailii ] Â Bowden and Others v Tuffnells Parcels Express Ltd Times, 15 October 2001; C-133/00; [2001] EUECJ C-133/00 4 Oct 2001 ECJ M Wathelet, President of Chamber and Judges P. Jann and L. Sevon Advocate General A. Tizzano Employment, Transport The provisions of the Directive, which excluded from regulation the employment of transport workers, applied to office workers as well as to actual drivers. The phrases used by the Directive in disapplying the Directive to certain employment sectors, made a distinction between those employed in certain industries, and, in other cases, those with certain jobs. This was confirmed by the travaux preparatoires, responsible for drafting the exemption. The effect was to exempt the industries concerned whether or not the employee worked directly doing the tasks which defined that industry. Council Directive 93/104/EC of November 23, 1993 concerning certain aspects of the organisation of working time (OJ 1993 L307 p18) Art 1(3) - Working Time Regulations 1998 (1998 No 1833) [ Bailii ] Â Boateng v Hackney and Another [2001] UKEAT 0586_00_0410 4 Oct 2001 EAT Employment [ Bailii ] Â Scales v Co-Operative Group (Cws) Ltd [2001] UKEAT 0370_01_0410 4 Oct 2001 EAT Employment [ Bailii ] Â Smith and Another v Sheffield City Council [2001] UKEAT 0403_01_0410 4 Oct 2001 EAT Employment [ Bailii ] Â Chester City Football Club Ltd v Wingrove EAT/0464/00; [2001] UKEAT 0464_00_0410 4 Oct 2001 EAT His Honour Judge Peter Clark Employment A senior director of the football club had been dismissed. He succeeded in a claim for unfair dismissal. The club appealed. Held: The papers disclosed no perverse finding sufficient to justify setting the decision aside. Claims that he had entered into secret contracts which would in any event had justified his dismissal had not been taken at the Tribunal, and could not be raised on appeal. EAT Procedural Issues - Employment Appeal Tribunal 1 Cites [ Bailii ] - [ EAT ] Â Olok v Capita Business Services Ltd [2001] UKEAT 0497_01_0410 4 Oct 2001 EAT Employment [ Bailii ] Â Celtec Limited v John Astley Julie Owens, Deborah Lynn Hawkes EAT/293/00; [2001] IRLR 788; [2001] UKEAT 293_00_0510 5 Oct 2001 EAT The Honourable Mr Justice Hooper Employment, European The employer appealed a finding that there had been continuity of employment between itself and a previous employer. The employees had sought a statement as to their terms of employment. The employer was a training and enterprise council, to whom the employees had first been seconded from the Department of Employment. There was an unresolved dispute at the time about whether continuity of employment was maintained. The EAT noted the statutory presumption in favour of continuity. The organisation was a labour intensive one. The Tribunal had been right to ask first what it was had been transferred, and then when. The tribunal was correct in allowing a wide interpretation of the meaning of 'undertaking' under the regulations. The employees had resigned before taking up employment, and so were not employed immediately before the transfer. The appeal was allowed. EAT Transfer of Undertakings - Transfer EAT European Material - Acquired Rights Directive Employment Rights Act 1996 218 - Transfer of Undertakings (Protection of Employment) Regulations 1981 (1981 No 1794) - Acquired Rights Directive 75/129/EEC 1 Cites 1 Citers [ Bailii ] - [ EATn ] Â C Simpson v Kensington Housing Trust EAT/40/01; EAT/941/00 5 Oct 2001 EAT His Honour Judge J R Reid QC Employment EAT Maternity Rights - Â the Medical Protection Society Ltd v A Rees EAT/0715/00 5 Oct 2001 EAT His Honour Judge J R Reid QC Employment EAT Unfair Dismissal - Reason for Dismissal Â Woodlands School (Newton Stewart) Ltd v Margaret Gordon EAT/220/01 5 Oct 2001 EAT The Honourable Lord Johnston Employment, Scotland, Discrimination The employer appealed against a finding of disability discrimination. The tribunal was claimed not to have taken account of the codes of practice and the need for a risk assessment. Held: The absence of a risk assessment mean that no adjustment had been considered, and no justification was available. The finding was essentially under 5(1). The appeal was dismissed. The appeal against the award of damages calculated over two years was also dismissed. The EAT specifically criticised the minority chairman's readiness to make allowance for a possible award of damages for the accident which led to the disability. To do so would defeat entirely the purpose of the legislation. Disability Discrimination Act 1995 5 1 Cites Â Medical Protection Society Ltd v Rees [2001] UKEAT 0715_00_0510 5 Oct 2001 EAT Employment [ Bailii ] Â the Medical Protection Society Ltd v A Rees EAT/0715/00 5 Oct 2001 EAT His Honour Judge J R Reid Qc Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â Wells v North East Lincolnshire Council [2001] UKEAT 839_00_0510 5 Oct 2001 EAT Employment [ Bailii ] Â Premium Cream Co Ltd v Parsons [2001] UKEAT 225_99_0510 5 Oct 2001 EAT Employment [ Bailii ] Â Moxon v Ipsos-Rsl Ltd [2001] UKEAT 634_01_0510 5 Oct 2001 EAT Employment [ Bailii ] Â Rowson v Singer (Uk) Ltd [2001] UKEAT 499_01_0510 5 Oct 2001 EAT Employment [ Bailii ] Â Kanagaratnam v Harman International Industries Ltd [2001] UKEAT 0498_01_0510 5 Oct 2001 EAT Employment [ Bailii ] Â Bellas v Merseyrail Electrics [2001] UKEAT 641_01_0510 5 Oct 2001 EAT Employment [ Bailii ] Â C Simpson v Kensington Housing Trust EAT/941/00, EAT/40/01 5 Oct 2001 EAT His Honour Judge J R Reid Qc Employment EAT Maternity Rights and Parental Leave - (no sub-topic). [ EATn ] Â S Khan v Alcatel Submarine Networks Ltd EAT/454/00; [2001] UKEAT 454_00_0810 8 Oct 2001 EAT Her Honour Judge A Wakefield Employment EAT Procedural Issues - Employment Appeal Tribunal [ Bailii ] Â A C P D'Cruz v Commissioners of Inland Revenue EAT/348/00 8 Oct 2001 EAT The Honourable Mr Justice Wall Employment EAT Procedural Issues - Employment Tribunal Â Romain v Sinclair Collis Ltd [2001] UKEAT 628_01_0810 8 Oct 2001 EAT Lindsay P J Employment The claimant appealed saying that the ET had miscalculated several elements of the award following a finding of constructive unfair dismissal. [ Bailii ] Â Ness v Exel [2001] UKEAT 0441_01_0810 8 Oct 2001 EAT Employment [ Bailii ] Â S Khan v Alcatel Submarine Networks Ltd EAT/454/00 8 Oct 2001 EAT Her Honour Judge A Wakefield Employment EAT Procedural Issues - Employment Appeal Tribunal. [ EATn ] Â Jangra v Gate Gourmet London Ltd [2001] UKEAT 608_01_0810 8 Oct 2001 EAT Employment, Discrimination 1 Cites 1 Citers [ Bailii ] Â A C P D'Cruz v Commissioners of Inland Revenue EAT/348/00 8 Oct 2001 EAT The Honourable Mr Justice Wall Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â First Western National Buses Ltd v Chalker [2001] UKEAT 714_01_0810 8 Oct 2001 EAT Employment [ Bailii ] Â Franxhi v Focus Management Consultants Ltd [2001] UKEAT 1164_99_0810 8 Oct 2001 EAT Employment [ Bailii ] Â Dr H Platt and NHS Executive Hq, Department of Health v R Chaudray and others EAT/1100/00 & EAT/1101/01 8 Oct 2001 EAT His Hon Judge Clark Employment EAT Unfair Dismissal - Other [ EATn ] Â Williams v Carmarthenshire County Council [2001] UKEAT 0444_01_0810 8 Oct 2001 EAT Employment [ Bailii ] Â Redgrave v Culham [2001] UKEAT 618_01_0810 8 Oct 2001 EAT Employment [ Bailii ] Â Wilson v University of Brighton [2001] UKEAT 0637_00_0910 9 Oct 2001 EAT Employment [ Bailii ] Â Chief Constable of the Staffordshire Police v D Mahon EAT/1055/01 9 Oct 2001 EAT The Honourable Mr Justice Lindsay (President) Employment EAT Procedural Issues - Employment Tribunal Â J Kear v Neural Technologies Ltd EAT/0531/00 9 Oct 2001 EAT His Honour Judge J R Reid QC Employment EAT Procedural Issues - Employment Tribunal Â Chief Constable of the Staffordshire Police v D Mahon EAT/1055/01 9 Oct 2001 EAT The Honourable Mr Justice Lindsay (President) Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â J Kear v Neural Technologies Ltd EAT/0531/00 9 Oct 2001 EAT His Honour Judge J R Reid Qc Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â Stobbs v B Cookson Ltd [2001] UKEAT 560_01_0910 9 Oct 2001 EAT Employment [ Bailii ] Â Â Staffordshire Police v Mahon; EAT 9-Oct-2001 - [2001] UKEAT 1055_01_0910 Â Kear v Neural Technologies Ltd [2001] UKEAT 0531_00_0910 9 Oct 2001 EAT Employment [ Bailii ] Â Kahlani and Another v Garden City Bakery Ltd [2001] UKEAT 0941_99_0910 9 Oct 2001 EAT Employment [ Bailii ] Â Jowitt v Pioneer Technology (Uk) Ltd [2001] UKEAT 476_01_0910 9 Oct 2001 EAT Employment [ Bailii ] Â D'Cruz v Inland Revenue [2001] UKEAT 348_00_0910 9 Oct 2001 EAT Employment [ Bailii ] Â Cooper v Manchester Airport Plc and Another [2001] UKEAT 629_99_0910 9 Oct 2001 EAT Employment [ Bailii ] Â Rolls Royce Plc T/A Mitchell Bearings v Stanley Codling EAT/0926/00 10 Oct 2001 EAT His Honour Judge Peter Clark Employment EAT Unfair Dismissal - Reason for Dismissal Â Acorn Nursing Residential Home v Mendiratta [2001] UKEAT 0726_01_1010 10 Oct 2001 EAT Employment [ Bailii ] Â Rolls Royce Plc (T/A Mitchell Bearings) v Codling [2001] UKEAT 0926_00_1010 10 Oct 2001 EAT Employment [ Bailii ] Â Rolls Royce Plc T/A Mitchell Bearings v Stanley Codling EAT/0926/00 10 Oct 2001 EAT His Honour Judge Peter Clark Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â Bown v Las Direct Ltd [2001] EWCA Civ 1798 10 Oct 2001 CA Employment Claim for damages for negligent employment reference. [ Bailii ] Â D R Simpson (Chilled Foods) Ltd v Stafford and Another [2001] UKEAT 0440_01_1110 11 Oct 2001 EAT Employment [ Bailii ] Â Botham v Destec Engineering Ltd EAT/465/00; [2001] UKEAT 465_00_1110 11 Oct 2001 EAT His Honour Judge Peter Clark Employment EAT Unfair Dismissal - Compensation 1 Cites [ Bailii ] - [ EAT ] Â ICI C and P Ltd v Maidens [2001] UKEAT 0559_01_1110 11 Oct 2001 EAT Employment [ Bailii ] Â A Mohammed v London Borough of Camden EAT/0482/00 11 Oct 2001 EAT His Honour Judge J R Reid QC Employment The claimant sought repayment of sums he claimed were unlawfully deducted from his salary. He had been off sick for an extended period, and had been paid only half salary. He said that the injury was a qualifying industrial accident. Medical evidence suggested it related back to degeneration which started before he had begun to work there. The contract of employment had two schemes for payment of sick pay which fell to be reconciled. In fact the tribunal, in dismissing his claim had correctly judged the schemes, and if they had taken the view of the cause of the injury asserted by the claimant, his rights might well have been reduced. EAT Contract of Employment - Breach of Contract Employment Rights Act 1996 13 Â Asda Stores Ltd v Thompson and others [2001] UKEAT 1096_01_1110 11 Oct 2001 EAT Employment 1 Cites 1 Citers [ Bailii ] Â A Mohammed v London Borough of Camden EAT/0482/00 11 Oct 2001 EAT His Honour Judge J R Reid Qc Employment EAT Contract of Employment - Breach of Contract. [ EATn ] Â Smith v Southwick and others [2001] UKEAT 526_01_1110 11 Oct 2001 EAT Employment [ Bailii ] Â Mohammed v Camden [2001] UKEAT 0482_00_1110 11 Oct 2001 EAT Employment [ Bailii ] Â Howell v Lewisham Hospital NHS Trust [2001] UKEAT 326_01_1110 11 Oct 2001 EAT Employment [ Bailii ] Â Coxon (Aka Asselman) v Rank Xerox (Uk) Ltd [2001] EWCA Civ 1535 11 Oct 2001 CA Employment 1 Cites 1 Citers [ Bailii ] Â Albion Automotive Ltd v G Walker and 21 others EAT/415/00; [2001] UKEAT 415_00_1210 12 Oct 2001 EAT Her Honour Judge A Wakefield Employment The employees claimed enhanced redundancy payments. The employers said no contractual obligation existed to make any such payments. The employees said that all previous redundancies had been under such terms, and that it had become a term of their contract. The employers appealed a finding against them, saying the term could not be implied through any requirement of business efficiency, and that there was no finding that the term should apply to future redundancies. Held: The right to enhanced redundancy payments had become a term of the contract and was to be paid. EAT Contract of Employment - Breach of Contract 1 Cites 1 Citers [ Bailii ] - [ EATn ] Â Hartland v Dudley Group of Hospitals NHS Trust [2001] UKEAT 0599_01_1210 12 Oct 2001 EAT Employment [ Bailii ] Â St George's Healthcare NHS Trust v Williamson [2001] EWCA Civ 1627 12 Oct 2001 CA Employment [ Bailii ] Â Collins v Standard Chartered Bank Ltd [2001] EWCA Civ 1555 12 Oct 2001 CA Peter Gibson LJ Employment, Discrimination [ Bailii ] Â Woolworths Plc v Roe [2001] UKEAT 0590_00_1210 12 Oct 2001 EAT Employment [ Bailii ] Â Dalkia Energy and Technical Services Ltd v Elverson [2001] UKEAT 828_01_1510 15 Oct 2001 EAT Employment [ Bailii ] Â Rice v Batchelor [2001] UKEAT 576_01_1510 15 Oct 2001 EAT Employment [ Bailii ] Â Nwokedi v Eversheds Prp (London) Ltd [2001] UKEAT 500_01_1510 15 Oct 2001 EAT Employment [ Bailii ] Â Sullivan v Willis Corroon Group [2001] UKEAT 0660_01_1510 15 Oct 2001 EAT Employment [ Bailii ] Â Bangura v Radisson Edwardian Hotels Ltd [2001] UKEAT 1443_00_2_1510 15 Oct 2001 EAT Employment [ Bailii ] Â Deltron Components Ltd v Parsons [2001] UKEAT 243_01_1610 16 Oct 2001 EAT Employment [ Bailii ] Â Arnold v Pointon York Ltd [2001] UKEAT 0649_00_1610 16 Oct 2001 EAT Employment [ Bailii ] Â T M D Friction Ltd v Baker and Another [2001] UKEAT 849_01_1610 16 Oct 2001 EAT Employment [ Bailii ] Â Galloway v Birmingham City Council and others [2001] UKEAT 504_01_1710 17 Oct 2001 EAT Employment [ Bailii ] Â Edeogu v London Borough of Newham and Another [2001] UKEAT 0935_01_1710 17 Oct 2001 EAT Employment [ Bailii ] Â Ms M Stankovic v City of Westminster EAT/0696/00 17 Oct 2001 EAT Mr Recorder Langstaff Qc Employment EAT Unfair Dismissal - Reinstatement/re-engagement. [ EATn ] Â Forbes v Department of Social Security [2001] UKEAT 578_01_1710 17 Oct 2001 EAT Employment [ Bailii ] Â Ayovuare v Ocl Plastering (London) Ltd [2001] UKEAT 0677_01_1710 17 Oct 2001 EAT Employment [ Bailii ] Â Ayovuare v Shimizu Europe [2001] UKEAT 0640_01_1710 17 Oct 2001 EAT Employment [ Bailii ] Â Baker v Stratford Labour Hire Ltd [2001] UKEAT 0943_01_1710 17 Oct 2001 EAT Employment [ Bailii ] Â Pathway Housing Association v Rosemary Mcfee, Ms Ivy Butt, Midway Housing Ltd EAT/762/00 17 Oct 2001 EAT Her Honour Judge A Wakefield Employment EAT Transfer of Undertakings - Transfer. [ EATn ] Â Mccue v Ntl Group Ltd [2001] UKEAT 1386_99_1710 17 Oct 2001 EAT Employment [ Bailii ] Â Graham and Another v Heads Employment Services Ltd [2001] UKEAT 917_01_1710 17 Oct 2001 EAT Employment [ Bailii ] Â Berry v Gb Electronics Ltd [2001] UKEAT 0882_00_1710 17 Oct 2001 EAT Employment [ Bailii ] Â M Stankovic v City of Westminster EAT/0696/00; [2001] UKEAT 0696_00_1710 17 Oct 2001 EAT Mr Recorder Langstaff QC Employment EAT Unfair Dismissal - Re-Engagement [ Bailii ] Â Pathway Housing Association v Rosemary Mcfee Ivy Butt Midwayhousing Ltd EAT/762/00 17 Oct 2001 EAT Her Honour Judge A Wakefield Employment EAT Transfer of Undertakings - Transfer Â Leeds Rhinos Rugby Club and Another v Howes and others [2001] UKEAT 0267_01_1710 17 Oct 2001 EAT Employment [ Bailii ] Â Waters v Griffin and others [2001] UKEAT 706_00_1710 17 Oct 2001 EAT Employment [ Bailii ] Â Pathway Housing Association v Mcfee and others [2001] UKEAT 762_00_1710 17 Oct 2001 EAT Employment [ Bailii ] Â Knight v London Central Bus Co Ltd [2001] UKEAT 0443_00_1810 18 Oct 2001 EAT Employment [ Bailii ] Â Fielding v Southwark Council Housing Department [2001] UKEAT 0820_00_1810 18 Oct 2001 EAT Employment [ Bailii ] Â Kontor-Manu v Direct Table Produce Co Ltd [2001] UKEAT 927_00_1810 18 Oct 2001 EAT Employment [ Bailii ] Â J P Fielding v Southwark Council Housing Department EAT/0820/00 18 Oct 2001 EAT The Honourable Mr Justice Wall Employment EAT Procedural Issues - Employment Tribunal Â Goetz v St George's Healthcare NHS Trust [2001] UKEAT 626_99_1810 18 Oct 2001 EAT Employment 1 Cites 1 Citers [ Bailii ] Â Murray v Public and Commercial Services Union [2001] UKEAT 639_01_1810 18 Oct 2001 EAT Employment [ Bailii ] Â J P Fielding v Southwark Council Housing Department EAT/0820/00 18 Oct 2001 EAT The Honourable Mr Justice Wall Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â Armstrong and Another v Honourable Company of Master Mariners [2001] UKEAT 700_01_1810 18 Oct 2001 EAT Employment [ Bailii ] Â J Kontor-Manu v Direct Table Produce Co Ltd EAT/927/00 18 Oct 2001 EAT Her Honour Judge A Wakefield Employment EAT Unfair Dismissal - Procedural Fairness Â Goetz v St George's Healthcare NHS Trust [2001] UKEAT 625_99_1810; EAT/625/99 18 Oct 2001 EAT Employment EAT Procedural Issues - Employment Tribunal. 1 Cites 1 Citers [ Bailii ] - [ EATn ] Â E Knight v London Central Bus Co Ltd UKEAT/0443/00 18 Oct 2001 EAT The Honourable Mr Justice Wall Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â J Kontor-Manu v Direct Table Produce Co Ltd EAT/927/00 18 Oct 2001 EAT Her Honour Judge A Wakefield Employment EAT Unfair Dismissal - Procedural fairness/automatically unfair dismissal. [ EATn ] Â Von Goetz v St George's Healthcare NHS Trust [2001] UKEAT 1395_97_1810; EAT/1395/97 18 Oct 2001 EAT The Honourable Mr Justice Lindsay (President) Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. 1 Cites [ Bailii ] - [ EATn ] Â Jones v Pauls Care Services Ltd [2001] UKEAT 717_01_1810 18 Oct 2001 EAT Employment [ Bailii ] Â Nigel Murray v Public and Commercial Services Union EAT/639/01 18 Oct 2001 EAT The Honourable Lord Johnston Employment EAT Procedural Issues - Employment Appeal Tribunal. [ EAT ] Â S Thomas Comsoft Ltd v Robinson and Another [2001] UKEAT 737_01_1810 18 Oct 2001 EAT Employment [ Bailii ] Â Nigel Murray v Public and Commercial Services Union EAT/639/01 18 Oct 2001 EAT The Honourable Lord Johnston Employment EAT Procedural Issues - Employment Appeal Tribunal Â Oldham v Arc Retail Management [2001] UKEAT 708_01_1910 19 Oct 2001 EAT Employment [ Bailii ] Â Khan v Cardiff County Council [2001] UKEAT 682_01_1910 19 Oct 2001 EAT Employment [ Bailii ] Â Bradford Bulls Holdings Ltd vMaxwell [2001] UKEAT 1231_01_1910 19 Oct 2001 EAT Employment [ Bailii ] Â Goldman Sachs Services Ltd v Montali EAT/1203/01; [2001] UKEAT 1203_01_1910; [2002] ICR 1251 19 Oct 2001 EAT Peter Clark J Employment EAT This interlocutory appeal raises a point of general importance regarding Employment Tribunal practice where one Tribunal revisits and varies or alters an interlocutory order or direction made by an earlier Tribunal. We use the expression Tribunal to include a Chairman properly sitting alone." Held: Although it was open to an Employment Tribunal to make an order inconsistent with an earlier order of its own it should only do so in appropriate circumstances and most usually only when there had been a change of circumstances since the earlier order. Employment Tribunals must exercise their powers under the Employment Tribunal's Rules of Procedure in accordance with the principles that apply under the Civil Procedure Rules. 1 Citers [ Bailii ] Â Cole v the Post Office [2001] UKEAT 374_00_1910 19 Oct 2001 EAT Employment [ Bailii ] Â Jassal v Star Motors Ltd and others [2001] UKEAT 670_01_1910 19 Oct 2001 EAT Employment [ Bailii ] Â Bradford Bulls Holdings Ltd v Ms J Maxwell EAT/1231/01 19 Oct 2001 EAT His Honour Judge Peter Clark Employment EAT Procedural Issues - Employment Appeal Tribunal. [ EATn ] Â D M Daly v The Caribbean Golden Age Association EAT/1329/00; [2001] UKEAT 1329_00_1910 19 Oct 2001 EAT Her Honour Judge A Wakefield Employment EAT Unfair Dismissal - Age Limit [ Bailii ] Â Fagan v Itnet Plc [2001] UKEAT 1155_01_1910 19 Oct 2001 EAT Employment 1 Cites [ Bailii ] Â Hoyer (Uk) Ltd v Capaldi [2001] UKEAT 1154_01_1910 19 Oct 2001 EAT Employment [ Bailii ] Â The Chief Constable of West Yorkshire Police v Vento EAT/522/01 19 Oct 2001 EAT The Honourable Mr Justice Wall Discrimination, Employment EAT Sex Discrimination - Victimisation 1 Cites 1 Citers [ EATn ] Â Phoenix Catering Ltd v Mayers [2001] UKEAT 0302_01_1910 19 Oct 2001 EAT Employment [ Bailii ] Â Bradford Bulls Holdings Ltd v J Maxwell EAT/1231/01 19 Oct 2001 EAT His Honour Judge Peter Clark Employment The appellant company appealed an order for costs against it after an interim application for some issues to be dealt with a preliminary had been rejected. The applicants had sought a review of decisions which were not subject to such a review under the Regulations. The order for costs was properly made. EAT Procedural Issues - Employment Appeal Tribunal Employment Tribunals Rules of Procedure 2001 (SI 2001/1171) 13 Â Rosenfeld v Granada Healthcare (Medirest) [2001] UKEAT 1254_01_1910 19 Oct 2001 EAT Employment [ Bailii ] Â Ms D M Daly v the Caribbean Golden Age Association EAT/1329/00 19 Oct 2001 EAT Her Honour Judge A Wakefield Employment EAT Unfair Dismissal - Age Limit [ EATn ] Â H Elkouil v Coney Island Ltd EAT/520/00 20 Oct 2001 EAT His Hon Judge J R Reid Qc Employment EAT Unfair Dismissal - Other [ EATn ] Â Gulati v Southwark [2001] UKEAT 969_00_2210 22 Oct 2001 EAT Employment [ Bailii ] Â Pye v Wilcox (T/A Betaprint) [2001] UKEAT 662_01_2210 22 Oct 2001 EAT Employment [ Bailii ] Â Khan v Trident Safeguards Ltd and others [2001] UKEAT 1035_01_2210 22 Oct 2001 EAT Employment 1 Cites 1 Citers [ Bailii ] Â Cpl Distribution Ltd v C A Evans and others EAT/0669/01 23 Oct 2001 EAT His Honour Judge D M Levy QC Employment EAT Transfer of Undertakings - Transfer Â Bournemouth Borough Council v Meredith [2001] UKEAT 0626_01_2310 23 Oct 2001 EAT Employment [ Bailii ] Â Lewis v Corus Group Ltd [2001] UKEAT 1190_01_2310 23 Oct 2001 EAT Employment [ Bailii ] Â Newham Farms Ltd v Powell [2001] UKEAT 0711_01_2310 23 Oct 2001 EAT Employment [ Bailii ] Â Cpl Distribution Ltd v C A Evans and others EAT/0669/01 23 Oct 2001 EAT His Honour Judge D M Levy Qc Employment EAT Transfer of Undertakings - Transfer. [ EATn ] Â Banerjee v Barton and Another [2001] UKEAT 0753_01_2310 23 Oct 2001 EAT Employment [ Bailii ] Â Â Hussain v Addaction and Another; EAT 23-Oct-2001 - EAT/0755/00; [2001] UKEAT 0755_00_2310 Â Leander v Goldsmith's College (University of London) [2001] EWCA Civ 1709 23 Oct 2001 CA Employment [ Bailii ] Â Taunton Association for the Homeless Ltd v N E Boswell EAT/0458/00 24 Oct 2001 EAT Her Honour Judge A Wakefield Employment EAT Unfair Dismissal - Compensation. [ EATn ] Â Jayaratne v Clerk of the Parliaments and others [2001] UKEAT 195_01_2410 24 Oct 2001 EAT Employment [ Bailii ] Â Taunton Association for the Homeless Ltd v Boswell [2001] UKEAT 0620_00_2410 24 Oct 2001 EAT Employment [ Bailii ] Â Attrill v Wightlink Ltd [2001] UKEAT 1003_01_2410 24 Oct 2001 EAT Employment 1 Citers [ Bailii ] Â Taunton Association for the Homeless Ltd v N E Boswell EAT/0458/00 24 Oct 2001 EAT Her Honour Judge A Wakefield Employment EAT Unfair Dismissal - Compensation Â Shamshiri-Fard v Template Europe Ltd and Another [2001] UKEAT 0642_01_2410 24 Oct 2001 EAT Employment [ Bailii ] Â Taunton Association for the Homeless Ltd v Boswell [2001] UKEAT 0458_00_2410 24 Oct 2001 EAT Employment [ Bailii ] Â Kissoon v Bill Freedman Ltd [2001] UKEAT 1163_01_2410 24 Oct 2001 EAT Employment [ Bailii ] Â M M Briggs v N S Bhatti EAT/1392/00 25 Oct 2001 EAT Her Honour Judge A Wakefield Employment EAT Unfair Dismissal - Reason for Dismissal Â Briggs v Bhatti [2001] UKEAT 1392_00_2510 25 Oct 2001 EAT Employment [ Bailii ] Â Tower Hamlets v Ogunlokun [2001] UKEAT 0762_01_2510 25 Oct 2001 EAT Employment [ Bailii ] Â Scotford v Smithkline Beecham [2001] UKEAT 1371_00_2510; EAT/1371/00; [2002] ICR 264 25 Oct 2001 EAT Mr Recorder Langstaff QC Employment 1 Cites [ Bailii ] - [ EATn ] Â M M Briggs v N S Bhatti EAT/1392/00 25 Oct 2001 EAT Her Honour Judge A Wakefield Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EAT ] Â Cruickshank v VAW Motorcast Ltd [2001] UKEAT 645_00_2510; [2002] IRLR 24 25 Oct 2001 EAT Altman J Employment, Discrimination The point of time at which to assess disability is at the time of the alleged discrimination. 1 Cites 1 Citers [ Bailii ] Â Â Bibby v Hurel-Dubois UK Ltd; CA 25-Oct-2001 - [2001] EWCA Civ 1620 Â Lanzante (T/A Hair Uk) v Jefferies [2001] UKEAT 0702_01_2510 25 Oct 2001 EAT Employment [ Bailii ] Â Finalarte Sociedade de Construcao Civil Ld, Portugaia Construcoes and Engil Sociedade de Construcao Civil SA v Urlaubs-und Lohnausgleichskasse der Bauwirtschaft etc C-49/98; [2001] EUECJ C-49/98; C-70/98; C-71/98; C-50/98; C-52/98; C-53/98; C-54/98; C-68/98; C-69/98; [2001] ECR I-7831; [2003] 2 CMLR 11 25 Oct 2001 ECJ European, Employment ECJ Article 59 of the Treaty (now, after amendment, Article 49 EC) and Article 60 of the Treaty (now Article 50 EC) do not preclude a Member State from imposing national rules guaranteeing entitlement to paid leave for posted workers on a business in the construction industry established in another Member State which provides services in the first Member State by posting workers for that purpose, on the two-fold condition that: (i) the workers do not enjoy an essentially similar level of protection under the law of the Member State where their employer is established, so that the application of the national rules of the first Member State confers a genuine benefit on the workers concerned, which significantly adds to their social protection, and (ii) the application of those rules by the first Member State is proportionate to the public interest objective pursued. Article 59 of the Treaty (now, after amendment, Article 49 EC) and Article 60 of the Treaty (now Article 50 EC) do not preclude the extension of the rules of a Member State which provide for a longer period of paid leave than that provided for by Directive 93/104, concerning certain aspects of the organisation of working time, necessary for the social protection of construction workers to workers posted to that Member State by providers of services in the construction sector established in other Member States during the period of the posting. Article 59 of the Treaty (now, after amendment, Article 49 EC) and Article 60 of the Treaty (now Article 50 EC) do not preclude national rules from allowing businesses established in the host Member State to claim reimbursement of expenditure on holiday pay and holiday allowances from the paid leave fund, whereas it does not provide for such a claim in the case of businesses established in other Member States, but instead provides for a direct claim by the by the posted workers against the fund, in so far as a difference in their treatment is justified by objective differences between businesses in the construction sector established in the host Member State and those established in other Member States as regards the effective implementation of the obligation to give holiday pay to workers. The obligation, imposed by national rules designed to provide effective protection of workers in the construction industry, in particular as regards their entitlement to paid leave, on undertakings established in another Member State which post workers to work in the national territory, to disclose more information to the paid leave fund than employers established in the host Member State constitutes a restriction on the freedom to provide services within the meaning of Article 59 of the Treaty (now, after amendment, Article 49 EC). Such a restriction may be justified only if it is necessary in order to safeguard, effectively and by appropriate means, the overriding public interest of the social protection of workers. It is for the national court to determine, having regard to the principle of proportionality, the type of information that the authorities of the Member State concerned may reasonably require of providers of services established in another Member State. For this purpose, the national court should consider whether the objective differences between the position of businesses established in the national territory and that of businesses established in other Member States objectively require the additional information required of the latter. Article 59 of the Treaty (now, after amendment, Article 49 EC) and Article 60 of the Treaty (now Article 50 EC) preclude the application of a Member State's scheme for paid leave to all businesses established in other Member States providing services to the construction industry in the first Member State where businesses established in the first Member State, only part of whose activities are carried out in that industry, are not all subject to that scheme in respect of their workers engaged in that industry. 1 Citers [ Bailii ] Â Griffin v Business Employment Services Training Ltd [2001] UKEAT 0161_01_2610 26 Oct 2001 EAT Employment [ Bailii ] Â West Midland Laminating Company Ltd v Harvey [2001] UKEAT 0733_01_2610 26 Oct 2001 EAT Employment [ Bailii ] Â Menjor v Harrison Card Ltd [2001] UKEAT 1217_00_2610 26 Oct 2001 EAT Employment [ Bailii ] Â Sagoo v Weatherseal Holdings Ltd [2001] UKEAT 0742_01_2610 26 Oct 2001 EAT Employment [ Bailii ] Â PSE Electronics Ltd v Broaders [2001] UKEAT 0744_01_2610 26 Oct 2001 EAT Employment [ Bailii ] Â Ministry of Defence v Carvey and others [2001] UKEAT 202_00_2610 26 Oct 2001 EAT Employment [ Bailii ] Â Kalu v Hackney and others [2001] UKEAT 1091_01_2610 26 Oct 2001 EAT Employment [ Bailii ] Â Kalu v London Borough of Hackney and Ors [2001] UKEAT 0722_01_2610 26 Oct 2001 EAT Employment [ Bailii ] Â Kalu v London Borough of Hackney and others [2001] UKEAT 1070_01_2610 26 Oct 2001 EAT Employment [ Bailii ] Â Brown v Partco Ltd (T/A Automotive Distribution Services) [2001] UKEAT 0666_01_2910 29 Oct 2001 EAT Employment [ Bailii ] Â Dundee City Council v Alan Johnston Robertson EAT/595/01 29 Oct 2001 EAT The Honourable Lord Johnston Employment EAT Unlawful Deduction from Wages - (no sub-topic). [ EATn ] Â Special Metals (Wiggins) v Moore [2001] UKEAT 0738_01_2910 29 Oct 2001 EAT Employment [ Bailii ] Â Williams v Lomas and Another [2001] UKEAT 0972_01_2910 29 Oct 2001 EAT Employment [ Bailii ] Â Coleman v Nft Distribution Ltd [2001] UKEAT 0389_01_2910 29 Oct 2001 EAT Employment [ Bailii ] Â T G Brooks v Smith Corona (Uk) Limited, Direct Sales Limited 2000 Limited UKEAT/0486/00 29 Oct 2001 EAT The Honourable Mr Justice Wall Employment EAT Transfer of Undertakings - Transfer. [ EATn ] Â T G Brooks v Smith Corona (Uk) Limited Direct Saleslimited 2000 Limited EAT/486/00 29 Oct 2001 EAT The Honourable Mr Justice Wall Employment EAT Transfer of Undertakings - Transfer Â Dundee City Council v Alan Johnston Robertson EAT/595/01 29 Oct 2001 EAT The Honourable Lord Johnston Employment EAT Unlawful Deduction from Wages - Â the Executors of the Late Gary Soutar v James Murray and Co (Cupar) Ltd, the Scottish Provident Institution (Scottish Provident Uk) EAT/592/01 30 Oct 2001 EAT The Honourable Lord Johnston Employment EAT Procedural Issues - Employment Tribunal Â the Executors of the Late Gary Soutar v James Murray and Co (Cupar) Ltd, the Scottish Provident Institution (Scottish Provident Uk) EAT/592/01 30 Oct 2001 EAT The Honourable Lord Johnston Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â Fatti v Look Ahead Housing and Care Ltd and others [2001] UKEAT 0857_01_3010 30 Oct 2001 EAT Employment [ Bailii ] Â Seabridge and Another v Construction Projects Training Ltd and Another [2001] UKEAT 0375_01_3010 30 Oct 2001 EAT Employment [ Bailii ] Â Elkouil v Coney Island Ltd [2001] UKEAT 0520_00_3010 30 Oct 2001 EAT Employment [ Bailii ] Â Desmond v Safeway Stores Plc [2001] UKEAT 1330_00_3010; EAT/1330/00 30 Oct 2001 EAT Employment, Discrimination EAT Sex Discrimination - Others 1 Cites [ Bailii ] - [ EATn ] Â Sussex Weald and Downs NHS Trust v Burgos [2001] UKEAT 0867_01_3010 30 Oct 2001 EAT Employment [ Bailii ] Â H Elkouil v Coney Island Ltd EAT/0520/00 30 Oct 2001 EAT His Honour Judge J R Reid Qc Employment EAT Unfair Dismissal - Compensation. [ EATn ] Â Api Tenza Ltd v Robertson [2001] UKEAT 0951_01_3010 30 Oct 2001 EAT Employment [ Bailii ] Â Haringey v Akpan [2001] UKEAT 0974_00_3010 30 Oct 2001 EAT Employment [ Bailii ] Â Tower Hamlets v Wilson [2001] UKEAT 0959_01_3010 30 Oct 2001 EAT Employment [ Bailii ] Â Baptiste v Secretary of State for Foreign and Commonwealth Office and Another [2001] UKEAT 0274_00_2_3110 31 Oct 2001 EAT Employment [ Bailii ] Â Morgan v T G Jeary Ltd [2001] UKEAT 0539_00_3110 31 Oct 2001 EAT Employment [ Bailii ] Â P D Morgan v T G Jeary Ltd EAT/0539/00 31 Oct 2001 EAT His Honour Judge Peter Clark Employment EAT Procedural Issues - Employment Tribunal Â California Cake and Cookie Ltd v Margaret Hay EAT/637/01; Appeal No. EAT/637/01 31 Oct 2001 EAT The Honourable Lord Johnston Employment, Discrimination EAT Equal Pay Act - EAT Sex Discrimination - Injury to Feelings [ EATn ] - [ EATn ] Â Mccullum v Newham [2001] UKEAT 0496_00_3110 31 Oct 2001 EAT Employment [ Bailii ] Â Palmer v Caines Farm Partnership [2001] UKEAT 0802_01_3110 31 Oct 2001 EAT Employment [ Bailii ] Â P D Morgan v T G Jeary Ltd EAT/0539/00 31 Oct 2001 EAT His Honour Judge Peter Clark Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â Roberts v 4 Front Technologies Ltd [2001] UKEAT 601_01_3110 31 Oct 2001 EAT Employment [ Bailii ] Â Career Path (Northamptonshire) Ltd v Doughty [2001] UKEAT 0814_00_0111 1 Nov 2001 EAT Employment [ Bailii ] Â Gerry Hodes v Marks and Spencer Plc EAT/0716/00 1 Nov 2001 EAT His Honour Judge J R Reid Qc Employment EAT Unfair Dismissal - Other [ EATn ] Â Millennium Communications Systems Ltd v Laws [2001] UKEAT 816_01_0111 1 Nov 2001 EAT Employment [ Bailii ] Â P Calderwood v Macready's Steel Co Ltd EAT/569/00 1 Nov 2001 EAT His Honour Judge J R Reid Qc Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â Khalida Aatif T/A Bestways v Elizabeth Moffat, Mary Agnes Dickie EAT/638/01 1 Nov 2001 EAT The Honourable Lord Johnston Employment EAT Procedural Issues - Employment Appeal Tribunal. [ EATn ] Â Stonegate Farmers Ltd v Smith [2001] UKEAT 788_01_0111 1 Nov 2001 EAT Employment [ Bailii ] Â Santamera v Express Cargo Forwarding (T/A Iec Ltd) [2001] UKEAT 780_01_0111 1 Nov 2001 EAT Employment 1 Citers [ Bailii ] Â NWT Freight Forwarding Ltd v Owen [2001] UKEAT 643_01_0111 1 Nov 2001 EAT Employment 1 Citers [ Bailii ] Â Khalida Aatif T/A Bestways v Elizabeth Moffat, Mary Agnes Dickie EAT/638/01 1 Nov 2001 EAT The Honourable Lord Johnston Employment EAT Procedural Issues - Employment Appeal Tribunal Â Gerry Hodes v Marks and Spencer Plc EAT/0716/00 1 Nov 2001 EAT His Honour Judge J R Reid QC Employment EAT Unfair Dismissal - Other Â Gridquest Ltd (T/A Select Employment) and others v Blackburn and others [2001] UKEAT 598_00_0111 1 Nov 2001 EAT Employment [ Bailii ] Â P Calderwood v Macready's Steel Co Ltd EAT/569/00 1 Nov 2001 EAT His Honour Judge J R Reid QC Employment EAT Unfair Dismissal - Reason for Dismissal Â Hodes v Marks and Spencer Plc [2001] UKEAT 0716_00_0111 1 Nov 2001 EAT Employment [ Bailii ] Â P Calderwood v Macready's Steel Co Ltd [2001] UKEAT 569_00_0111 1 Nov 2001 EAT Employment [ Bailii ] Â Griffiths v MacDonald Hotels Plc, MacDonald Hotels (Management) Ltd, Chartdene Ltd EAT/629/01 2 Nov 2001 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Procedural Fairness Â Gould v Forbuoys Ltd [2001] UKEAT 1214_01_0211 2 Nov 2001 EAT Employment [ Bailii ] Â Hayward v Post Office Counters Ltd [2001] UKEAT 0442_01_0211 2 Nov 2001 EAT Employment [ Bailii ] Â Edwards v Marconi Corporation Plc [2001] UKEAT 0749_01_0211 2 Nov 2001 EAT Employment [ Bailii ] Â Ellison v Petrie Tucker and Partners Ltd [2001] UKEAT 0795_01_0211 2 Nov 2001 EAT Employment [ Bailii ] Â M El Mahjoub v Initial Cleaning Services Ltd EAT/463/00 2 Nov 2001 EAT His Honour Judge Peter Clark Employment EAT Procedural Issues - Employment Appeal Tribunal. [ EATn ] Â Ozsanlav v Swift Group Ltd [2001] UKEAT 0745_01_0211 2 Nov 2001 EAT Employment [ Bailii ] Â Dorothy Griffiths v Macdonald Hotels Plc, Macdonald Hotels (Management) Ltd, Chartdene Ltd EAT/629/01 2 Nov 2001 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Procedural fairness/automatically unfair dismissal. [ EATn ] Â Amirthanayagam v Insolvency Service [2001] UKEAT 1474_00_0211 2 Nov 2001 EAT Employment [ Bailii ] Â Abegaze v Burton College [2001] UKEAT 1161_00_0211 2 Nov 2001 EAT Employment [ Bailii ] Â Pacific Health Club Ltd v R P Falgate EAT/1000/00 5 Nov 2001 EAT His Honour Judge A Wilkie QC Employment EAT Contract of Employment - Breach of Contract Â The Commissioner of Police of the Metropolis v Hendricks EAT/614/01; [2001] UKEAT 614_01_0511 5 Nov 2001 EAT His Honour Judge D Serota QC Employment, Police, Discrimination EAT Jurisdiction - (no sub-topic). 1 Cites 1 Citers [ Bailii ] - [ EATn ] Â Pacific Health Club Ltd v Falgate [2001] UKEAT 1000_00_0511 5 Nov 2001 EAT Employment [ Bailii ] Â Flanigan v Disabled Living Ltd [2001] UKEAT 776_01_0511 5 Nov 2001 EAT Employment [ Bailii ] Â Millar v West End Community Project Ltd and Another [2001] UKEAT 0549_01_0511 5 Nov 2001 EAT Employment [ Bailii ] Â C Simpson v Kensington Housing Trust EAT/941/00 5 Nov 2001 EAT His Honour Judge J R Reid QC Employment EAT National Minimum Wage - Â Jarrim-Alomia v Lancaster Office Cleaning Company [2001] UKEAT 793_01_0511 5 Nov 2001 EAT Employment [ Bailii ] Â Â Pendragon Motor Company Ltd T A Stratstone(Wilmslow) Ltd v Ridge; EAT 5-Nov-2001 - EAT/962/00; [2001] UKEAT 962_00_0511 Â Pabiel v Forge Heating and Cooling Services [2001] UKEAT 759_01_0511 5 Nov 2001 EAT Employment [ Bailii ] Â Flavell v Ces (Uk) Ltd [2001] UKEAT 842_01_0511 5 Nov 2001 EAT Employment [ Bailii ] Â Thorneloe v Friends Provident First Call Ltd [2001] UKEAT 0625_01_0511 5 Nov 2001 EAT Employment [ Bailii ] Â Griffin v Buckinghamshire County Council [2001] EWCA Civ 1664 5 Nov 2001 CA Employment 1 Cites 1 Citers [ Bailii ] Â Simpson v Kensington Housing Trust [2001] UKEAT 941_00_0511 5 Nov 2001 EAT Employment [ Bailii ] Â Batty v BSB Holdings (Cudworth) Ltd [2001] EWCA Civ 1969 5 Nov 2001 CA Employment 1 Citers [ Bailii ] Â C Simpson v Kensington Housing Trust EAT/941/00 5 Nov 2001 EAT His Honour Judge J R Reid Qc Employment EAT National Minimum Wage - (no sub-topic). [ EATn ] Â Pacific Health Club Ltd v R P Falgate EAT/1000/00 5 Nov 2001 EAT His Honour Judge A Wilkie Qc Employment EAT Contract of Employment - Breach of Contract. [ EATn ] Â Ohr Ltd v Possante [2001] UKEAT 0905_00_0611 6 Nov 2001 EAT Employment [ Bailii ] Â Botan v Golden Knight Security Ltd and others [2001] UKEAT 0750_01_0611 6 Nov 2001 EAT Employment [ Bailii ] Â Fallahi v Kentucky Fried Chicken (Gb) Ltd (T/A Tricon Restaurants International) [2001] UKEAT 0310_01_0611 6 Nov 2001 EAT Employment [ Bailii ] Â Marsland v Philips Semi Conductors Ltd [2001] UKEAT 580_01_0611 6 Nov 2001 EAT Employment [ Bailii ] Â R Leeson v Makita Manufacturing Europe Ltd UKEAT/0911/00 6 Nov 2001 EAT Mr Commissioner Howell Qc Employment EAT Unfair Dismissal - Procedural fairness/automatically unfair dismissal. [ EATn ] Â Ohr Limited v S Possante EAT/0905/00 6 Nov 2001 EAT His Honour Judge J R Reid Qc Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â Ohr Limited v S Possante EAT/0905/00 6 Nov 2001 EAT His Honour Judge J R Reid QC Employment EAT Unfair Dismissal - Reason for Dismissal Â Prospect Care Services Ltd and Another v Curtis [2001] UKEAT 1248_99_0611 6 Nov 2001 EAT Employment [ Bailii ] Â Puncher v Bishop Grossteste College [2001] UKEAT 691_00_0611 6 Nov 2001 EAT Employment [ Bailii ] Â Scottish Courage Brewery Ltd v Scott [2001] UKEAT 691_01_0611 6 Nov 2001 EAT Employment [ Bailii ] Â BBC and Another v Kelleway [2001] UKEAT 1114_01_0711 7 Nov 2001 EAT Employment [ Bailii ] Â Leader and others v Brent [2001] UKEAT 329_01_0711 7 Nov 2001 EAT Employment [ Bailii ] Â Holmes and Another v Cricklade College [2001] UKEAT 0971_00_0711 7 Nov 2001 EAT Employment [ Bailii ] Â Arroyo-Valencia v United Road Transport Union and others [2001] UKEAT 0418_01_0711 7 Nov 2001 EAT Employment [ Bailii ] Â Konarzewska v Laurie Moran Arthur (Solicitors) [2001] UKEAT 1202_01_0711 7 Nov 2001 EAT Employment 1 Cites 1 Citers [ Bailii ] Â Nevrides v R and J Builders (London) Ltd [2001] UKEAT 0963_00_0711 7 Nov 2001 EAT Employment [ Bailii ] Â Ms L Holmes, Murray v Cricklade College EAT/971/00 7 Nov 2001 EAT His Hon Judge Wilkie Qc Employment EAT Unfair Dismissal - Procedural fairness/automatically unfair dismissal. [ EATn ] Â Barton v Grasspost Ltd [2001] UKEAT 651_01_0811 8 Nov 2001 EAT Employment [ Bailii ] Â Hindhead Royal British Legion Club Ltd v Hinton [2001] UKEAT 664_01_0811 8 Nov 2001 EAT Employment [ Bailii ] Â Kanu v London Borough of Lambeth [2001] EWCA Civ 1762 8 Nov 2001 CA Mummery LJ Employment Application for leave to appeal. [ Bailii ] Â Jean Wilkinson v Derek Yorston EAT/1005/00 8 Nov 2001 EAT His Hon Judge Wilkie Qc Employment EAT Jurisdiction - (no sub-topic). [ EATn ] Â Dispatch Management Services (Uk) Ltd v Douglas, J Vaughan, Ms D Errington-Jeffares EAT/902/01 8 Nov 2001 EAT The Honourable Mr Justice Wall Employment EAT Unfair Dismissal - Procedural fairness/automatically unfair dismissal. [ EATn ] Â Jean Wilkinson v Yorston [2001] UKEAT 1005_00_0811 8 Nov 2001 EAT Employment [ Bailii ] Â Lawrence v J Sainsbury Plc EAT/0551/01; [2001] UKEAT 0551_01_0811 8 Nov 2001 EAT His Honour Judge Reid Qc Employment, Discrimination EAT Disability Discrimination - Reasonable adjustments. [ Bailii ] - [ EATn ] Â Sainsbury's Supermarkets Ltd v Hitt EAT/887/00; [2001] UKEAT 887_00_2012 8 Nov 2001 EAT His Hon Judge J R Reid QC Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. 1 Citers [ Bailii ] - [ EATn ] Â Dispatch Management Services (Uk) Ltd v Douglas J Vaughan D Errington-Jeffares EAT/902/01 8 Nov 2001 EAT The Honourable Mr Justice Wall Employment EAT Unfair Dismissal - Procedural Fairness Â N'Gum v Islington [2001] UKEAT 188_01_0811 8 Nov 2001 EAT Employment [ Bailii ] Â Daly v Usborne Publishing Ltd EAT/0649/01; [2001] UKEAT 0649_01_0911 8 Nov 2001 EAT His Honour Judge J R Reid Employment EAT Unfair Dismissal - Re-Engagement [ Bailii ] - [ EATn ] Â Jean Wilkinson v Derek Yorston EAT/1005/00 8 Nov 2001 EAT His Hon Judge Wilkie QC Employment EAT Jurisdiction - Â Pathak v Hindu Centre [2001] UKEAT 0730_01_0911 9 Nov 2001 EAT Employment [ Bailii ] Â Marpletime Ltd v Inland Revenue [2001] UKEAT 0757_01_0911 9 Nov 2001 EAT Employment [ Bailii ] Â Telelift (Uk) Ltd v D Cherrington EAT/937/00 9 Nov 2001 EAT His Honour Judge A Wilkie Qc Employment EAT Redundancy - Fairness - [ EATn ] Â Qinetiq v Zaman [2001] UKEAT 1504_01_0911 9 Nov 2001 EAT Employment 1 Cites 1 Citers [ Bailii ] Â Telelift (Uk) Ltd v D Cherrington EAT/937/00; [2001] UKEAT 937_00_0911 9 Nov 2001 EAT His Honour Judge A Wilkie QC Employment EAT Redundancy - Fairness 1 Cites 1 Citers [ Bailii ] Â Robinson v Legion Security Plc [2001] UKEAT 0858_01_0911 9 Nov 2001 EAT Employment [ Bailii ] Â Jones v 3M Health Care Ltd [2001] UKEAT 714_00_0911 9 Nov 2001 EAT Employment [ Bailii ] Â Pearson v Berrygate Hill Nurseries Ltd (T/A Premier Plant Producers) [2001] UKEAT 0579_01_0911 9 Nov 2001 EAT Employment [ Bailii ] Â M El Mahjoub v Initial Cleaning Services Ltd EAT/463/00; [2001] UKEAT 463_00_0211 11 Nov 2001 EAT His Honour Judge Peter Clark Employment EAT Procedural Issues - Employment Tribunal 1 Cites 1 Citers [ Bailii ] Â M El Mahjoub v Initial Cleaning Services Ltd EAT/463/00 11 Nov 2001 EAT His Honour Judge Peter Clark Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â Harris v Concept Automotive Services Ltd (T/A Carland) [2001] UKEAT 552_01_1211 12 Nov 2001 EAT Employment [ Bailii ] Â Stonehouse Battye Ltd v P Jackson EAT/901/00 12 Nov 2001 EAT Mr Commissioner Howell Qc Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EAT ] Â Ellis v Chemetall Ltd [2001] UKEAT 509_01_1211 12 Nov 2001 EAT Employment [ Bailii ] Â Stuncroft Limited v G T Havelock EAT/1017/00; [2001] UKEAT 1017_00_1211 12 Nov 2001 EAT His Honour Judge Wilkie QC Employment EAT Contract of Employment - Definition of Employee - Redundancy - Other. [ Bailii ] - [ EATn ] Â Bloomberg L P v Cordeiro [2001] UKEAT 739_00_1211 12 Nov 2001 EAT Employment [ Bailii ] Â Balamoody v Manchester Health Authority [2001] UKEAT 0801_01_1211 12 Nov 2001 EAT Maurice Kay J Employment, Discrimination The Tribunal heard a preliminary application in a claim for unlawful race discrimination. Earlier applications had been struck out. This second set of applications had been struck out as frivolous by the Tribunal on the basis that they were not new complaints. Held. The second application had properly been struck out as frivolous, on the basis that he was seeking to re-litigate the case that had previously been advanced. The case of Roffey did not apply since that dealt with dismissals based on the ground that a claim had no reasonable prospect of success. In any event the case did not have a reasonable chance of success. 1 Cites 1 Citers [ Bailii ] Â Stonehouse Battye Ltd v P Jackson EAT/901/00; [2001] UKEAT 901_00_1211 12 Nov 2001 EAT Mr Commissioner Howell QC Employment EAT Unfair Dismissal - Reason for Dismissal [ Bailii ] Â Nethercoats (Projects) Limited v S J Smith EAT/582/00 12 Nov 2001 EAT His Honour Judge D M Levy Qc Employment EAT Procedural Issues - Employment Appeal Tribunal. [ EATn ] Â Knight Snr v Department of Social Security [2001] UKEAT 0537_01_1211 12 Nov 2001 EAT Employment [ Bailii ] Â Nethercoats (Projects) Limited v S J Smith EAT/582/00 12 Nov 2001 EAT His Honour Judge D M Levy QC Employment EAT Procedural Issues - Employment Appeal Tribunal Â Nethercoats (Projects) Ltd v Smith [2001] UKEAT 582_00_1211 12 Nov 2001 EAT Employment [ Bailii ] Â Lazenbury v Frederick Thomas (Esm) Ltd [2001] UKEAT 818_01_1211 12 Nov 2001 EAT Employment [ Bailii ] Â Sarvestany and Another (T/A Plumstead Dental Surgery) v Jones [2001] UKEAT 661_01_1211 12 Nov 2001 EAT Employment [ Bailii ] Â Cadbury v South Thames College [2001] UKEAT 1407_98_1311 13 Nov 2001 EAT Employment [ Bailii ] Â Cooper-Hughes v Capricorn Mouldings Ltd [2001] UKEAT 0890_01_1311 13 Nov 2001 EAT Employment [ Bailii ] Â Complete Clean Ltd v Savage and others [2001] UKEAT 0668_01_1311 13 Nov 2001 EAT Employment [ Bailii ] Â Cape Industrial Services Ltd v Ambler [2001] UKEAT 0950_01_1311 13 Nov 2001 EAT Employment [ Bailii ] Â Smyth v London General Services Ltd [2001] EWCA Civ 1768 13 Nov 2001 CA Peter Gibson LJ Employment Application for leave to appeal [ Bailii ] Â Stanley Cole (Wainfleet) Ltd v Sheridan [2001] UKEAT 0824_01_1311 13 Nov 2001 EAT Mr Recorder Langstaff QC Employment 1 Cites 1 Citers [ Bailii ] Â Forbes v Brown and others [2001] UKEAT 0343_00_1311 13 Nov 2001 EAT Employment [ Bailii ] Â T Sojirin v National Car Parks Ltd EAT/242/00 13 Nov 2001 EAT His Hon Judge Wilkie Qc Employment EAT Unfair Dismissal - Procedural fairness/automatically unfair dismissal. [ EATn ] Â T Sojirin v National Car Parks Ltd EAT/242/00 13 Nov 2001 EAT His Hon Judge Wilkie QC Employment EAT Unfair Dismissal - Procedural Fairness Â 8 Kings Bench Walk v Burton [2001] UKEAT 0472_01_1311 13 Nov 2001 EAT Employment [ Bailii ] Â Gunn v Thacker-Builder EAT/879/00; [2001] UKEAT 879_00_1311 13 Nov 2001 EAT His Hon Judge D M Levy QC Employment EAT Unfair Dismissal - Breach of Contract 1 Cites [ Bailii ] - [ EATn ] Â the Polygon Corporation v P R Tregunna EAT/1194/00 14 Nov 2001 EAT Mr Recorder Underhill Qc Employment EAT Procedural Issues - Employment Appeal Tribunal. [ EATn ] Â Â Esso Petroleum Company v Jarvis and others Brentvine Limited; EAT 14-Nov-2001 - EAT/0831/00 Â Pitman v Foreign and Commonwealth Office [2001] UKEAT 0416_00_1411 14 Nov 2001 EAT Employment [ Bailii ] Â GMB Trade Union v Jones and Another [2001] UKEAT 160_01_1411 14 Nov 2001 EAT Employment [ Bailii ] Â GMB Trade Union, Jones, Whitefoot v Jones, Whitefoot, GMB Trade Union EAT/230/01; EAT/160/01 14 Nov 2001 EAT His Honour Judge D M Levy Qc Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â Whitlock v Dobson [2001] UKEAT 0782_01_1411 14 Nov 2001 EAT Employment [ Bailii ] Â Erhayiem v Stockport and High Peak Tec Ltd and Another [2001] UKEAT 0705_01_1411 14 Nov 2001 EAT Employment [ Bailii ] Â Esso Petroleum Company v Jarvis and Others, Brentvine Limited EAT/0831/00 14 Nov 2001 EAT His Honour Judge D Pugsley Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EAT ] Â Jones and Another (T/A Aunty Carole's Boarding Kennels) v Richards [2001] UKEAT 0918_00_1411 14 Nov 2001 EAT Employment [ Bailii ] Â Arun Estate Agencies Ltd and Another v Sheridan [2001] UKEAT 0829_01_1411 14 Nov 2001 EAT Employment [ Bailii ] Â Stein v Chemspa Europe [2001] UKEAT 572_01_1411 14 Nov 2001 EAT Employment [ Bailii ] Â College of Ripon and York St John v Dr C C Hobbs EAT/585/00; [2001] UKEAT 585_00_1411; [2002] IRLR 185 14 Nov 2001 EAT The Honourable Mr Justice Lindsay (President) Discrimination, Employment The college appealed a finding that the applicant who had been found to be disabled within the Act, but denied discrimination. They appealed the finding of the tribunal which had failed to identify whether the disability was mental or physical. Held: There was sufficient evidence of impairment to constitute disability. The expert evidence was not conclusive, but the tribunal had cause to base its finding. Disability Discrimination Act 1995 5 6 1 Cites 1 Citers [ Bailii ] Â The Polygon Corporation v P R Tregunna EAT/1194/00; [2001] UKEAT 1194_00_1411 14 Nov 2001 EAT Mr Recorder Underhill QC Employment The claimant alleged unfair dismissal. The respondent failed to enter a response within the period required, and was refused an extension of time. It appealed that refusal, saying the tribunal had failed to allow for the factors enumerated in the Kwik Save case. The respondent claimed those guidelines had been superceded by the newer rules. Held: The Kwik Save guidelines remained effective. The case was remitted to the same tribunal. EAT Procedural Issues - Employment Appeal Tribunal Employment Tribunals (Constitution and Rules of Procedure) Regulations 1993 3(1) - Employment Tribunals (Constitution and Rules of Procedure) (Amendment) Regulations 1996 1 Cites [ Bailii ] Â GMB Trade Union, K Jones, J Whitefoot v K Jones, J Whitefoot, GMB Trade Union EAT/230/01; EAT/160/01 14 Nov 2001 EAT His Honour Judge D M Levy QC Employment EAT Procedural Issues - Employment Tribunal Â Jones and Penny T/A Auntycarole's Boarding Kennels v Richards EAT/0918/00 14 Nov 2001 EAT The Honourable Mr Justice Maurice Kay Employment EAT National Minimum Wage - EAT National Minimum Wage [ EAT ] Â Legal and General Assurance Ltd v Kirk [2001] EWCA Civ 1803; [2002] Emp LR 585; [2002] IRLR 124 14 Nov 2001 CA Employment [ Bailii ] Â Cameron v Digital Equipment Company Ltd [2001] EWCA Civ 1751 14 Nov 2001 CA Employment 1 Cites 1 Citers [ Bailii ] Â Biddle (T/A CCC Cleaning) v Gould [2001] UKEAT 0843_01_1411 14 Nov 2001 EAT Employment [ Bailii ] Â Thomas v Hounslow [2001] UKEAT 0735_01_1511 15 Nov 2001 EAT Employment [ Bailii ] Â Odunlami v Arcade Car Parks [2001] UKEAT 0188_01_1511 15 Nov 2001 EAT Employment [ Bailii ] Â Brown v Concept Automotive Services Ltd [2001] UKEAT 0934_00_1511 15 Nov 2001 EAT Employment [ Bailii ] Â Newnham (T/A Dial-A-Rod Environment Services) v Berry [2001] UKEAT 506_01_1511 15 Nov 2001 EAT Employment [ Bailii ] Â Graham Atkin v the Governors of the Grove Primary School, Surrey County Council EAT/177/00 15 Nov 2001 EAT His Honour Judge J Altman Employment EAT Unfair Dismissal - Procedural fairness/automatically unfair dismissal. [ EATn ] Â H Armstrong v Devon County Council EAT/1211/95 & EAT/484/96 15 Nov 2001 EAT The Honourable Mr Justice Maurice Kay Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â Albion Hotel (Freshwater) Ltd v Silva and Another [2001] UKEAT 375_00_1511 15 Nov 2001 EAT Employment [ Bailii ] Â H Armstrong v Devon County Council EAT/484/96; EAT/1211/95 15 Nov 2001 EAT The Honourable Mr Justice Maurice Kay Employment EAT Procedural Issues - Employment Tribunal Â Heathfield Leisure Pursuits v Kuhon [2001] UKEAT 809_01_1511 15 Nov 2001 EAT Employment [ Bailii ] Â Young v West Oxfordshire College [2001] UKEAT 232_01_1511 15 Nov 2001 EAT Employment [ Bailii ] Â Albion Hotel (Freshwater) Ltd v M Maia E Silva, L A Maia E Silva EAT/375/00; [2002] IRLR 200 15 Nov 2001 EAT His Honour Judge D Serota QC Employment EAT Unfair Dismissal - Reason for Dismissal A hotel had failed to pay a bonus to certain staff. This had been found to be an unlawful deduction from wages, and therefore an infringement of a protected right, and the dismissal was automatically unfair. The hotel appealed. Held: there were findings of fact in the decision to support the decision that the dismissal arose from the dispute about the non-payment of the bonus. The tribunal had allowed for the fact that the applicants may have been misguided as to the possible extent of the claim, and therefore decided that nevertheless the applicants had acted in good faith. A fair hearing requires notice of all material matters of fact and law to be given to the parties. It is more than good practice for the tribunal to give the parties opportunity to comment before relying upon cases not cited to it, The result in each case depended upon the centrality of the case cited to the decision. Employment Rights Act 1996 13 104 1 Cites 1 Citers Â Graham Atkin v The Governors of the Grove Primary School, Surrey County Council EAT/177/00 15 Nov 2001 EAT His Honour Judge J Altman Education, Employment The claimant had been dismissed for gross misconduct. As a teacher he had drunk alcohol at school, and taken a bottle of wine. His complaint of unfair dismissal had been dismissed, and he appealed that decision, saying the school had departed from proper procedures, that the panels had been chosen in contravention of procedures, and that the allegation was initially of serious misconduct, and only became an allegation of gross misconduct at the hearing. The panel had been chosen by the chairman of governors under procedures designed for urgency, but where in fact time existed to take the decision in accordance with the statutory procedures. The tribunal had erred in law. The tribunal had restricted evidence from witnesses challenging the bias of the head. The appeal succeeded, but in the light of the claimant's own admissions, the compensatory award will be nil, and the basic award calculated at 50%. EAT Unfair Dismissal - Procedural Fairness Education (School Government) Regulations 1989 - Education Act 1996 27 - Employment Tribunals (Constitution and Rules of Procedure) Regulations 1993 Â Aspinall v MSI Mech Forge Ltd [2001] UKEAT 0891_01_1511 15 Nov 2001 EAT Maurice Kay J Employment Public Interest Disclosure Act 1998 - Employment Rights Act 1996 43(a) 43(b) 43(d) 1 Citers [ Bailii ] Â Atkin v the Grove Primary School and Another [2001] UKEAT 177_00_1511 15 Nov 2001 EAT Employment [ Bailii ] Â Towler v Henry Cooke Lumsden Plc [2001] EWCA Civ 1734 15 Nov 2001 CA Employment 1 Cites 1 Citers [ Bailii ] Â J M Jobling v Corporate Medical Management Ltd EAT/703/01 16 Nov 2001 EAT His Honour Judge A Wilkie QC Employment EAT Procedural Issues - Employment Tribunal Â Watimani v Crm Ltd and others [2001] UKEAT 1022_00_1611 16 Nov 2001 EAT Employment [ Bailii ] Â Jobling v Corporate Medical Management Ltd [2001] UKEAT 703_01_1611 16 Nov 2001 EAT Employment [ Bailii ] Â Hope v Hm Prison Service Agency and Another [2001] UKEAT 0636_01_1611 16 Nov 2001 EAT Employment [ Bailii ] Â Scotts Company (Uk) Ltd v Budd [2001] UKEAT 0823_01_1611 16 Nov 2001 EAT Employment 1 Citers [ Bailii ] Â J M Jobling v Corporate Medical Management Ltd EAT/703/01 16 Nov 2001 EAT His Honour Judge A Wilkie Qc Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â Healey v Birmingham City Council [2001] UKEAT 0831_01_1611 16 Nov 2001 EAT Employment [ Bailii ] Â Zoi and Co Solicitors v Ayanbadejo [2001] UKEAT 0631_01_1911 19 Nov 2001 EAT Employment [ Bailii ] Â Kaur v John Brierley Ltd [2001] EWCA Civ 1771 19 Nov 2001 CA Mummery LJ Employment Application for leave to appeal [ Bailii ] Â Msf v Resfuge Assurance Plc, United Frindley Insurance EAT/1371/99 19 Nov 2001 EAT The Honourable Mr Justice Lindsay (P) Employment EAT Trade Union Rights - (no sub-topic). [ EATn ] Â Uruakpa, Regina (on the Application Of) v Ministry of Agriculture, Food and Fisheries and others [2001] EWCA Civ 1811 19 Nov 2001 CA Tuckey LJ Employment, Discrimination [ Bailii ] Â Gambau, Jean-Yves Belladoui v Mark Catering Ltd EAT/287/00; EAT/286/00 19 Nov 2001 EAT The Honourable Mr Justice Maurice Kay Employment The workers were catering staff. They claimed to be entitled to arrears of holiday pay under the Regulations. In addition to their normal hours they worked some evenings casually. They claimed entitlement to holiday pay for those hours. They appealed a dismissal of their claim. Held: The tribunal had not asked the question of whether there was a thirteen weeks continuous period in which the services had been supplied. Appeal allowed. EAT Working Time Regulations Working Time Regulations 1998 (1998 No 1833) - Council Directive 93/104/EC [ EAT ] Â Essa v Rogers (T/A R and R Construction Ltd) and Another [2001] UKEAT 697_01_1911 19 Nov 2001 EAT Employment [ Bailii ] Â Eyitene v Post Office [2001] UKEAT 0859_01_1911 19 Nov 2001 EAT Employment [ Bailii ] Â Sankey v Nalco Diversified Technology Ltd [2001] UKEAT 888_00_1911 19 Nov 2001 EAT His Honour Judge D M Levy Qc Employment The applicant appealed a decision that he had not been unfairly dismissed. He had had an expense card, but repeatedly, and after due warning, failed to make proper deductions for private mileage. Held: The claimant should have known the change in his employment conditions which required these deductions. There was evidence before the tribunal which could found their decision, and the appeal tribunal could not substitute its own opinion. 1 Cites 1 Citers [ Bailii ] Â Autohouse Tottenham Ltd v Constantinou [2000] UKEAT 511_00__2011 20 Nov 2001 EAT Employment [ Bailii ] Â Johnston v Sodexho Ltd [2001] UKEAT 868_01_2011 20 Nov 2001 EAT Employment [ Bailii ] Â Lawal v Foster and Another [2001] EWCA Civ 1812 20 Nov 2001 CA Employment [ Bailii ] Â Hassan v South West London and St George's Mental Health NHS Trust [2001] UKEAT 781_01_2011 20 Nov 2001 EAT Employment [ Bailii ] Â Chaudhary v The Specialist Training Authority of the Medical Royal Colleges and 8 others EAT/1410/00; [2001] UKEAT 1410_00_2011 20 Nov 2001 EAT His Honour Judge Peter Clark Employment, Discrimination, Health Professions EAT Race Discrimination - Jurisdiction EAT Race Discrimination - Jurisdiction. 1 Citers [ Bailii ] - [ EAT ] Â Marshall v Law Centres Federation [2001] UKEAT 186_00_2011 20 Nov 2001 EAT Employment [ Bailii ] Â Robert Fletcher (Greenfield) Ltd v Blakeman EAT/767/00; [2001] UKEAT 767_00_2011 20 Nov 2001 EAT His Honour Judge Peter Clark Employment EAT Procedural Issues - Employment Appeal Tribunal 1 Cites [ Bailii ] - [ EAT ] Â Jany v Staatssecretaris van Justitie C-268/99; [2001] EUECJ C-268/99 20 Nov 2001 ECJ European, Employment The activities of a prostitute are typically those of a self-employed person, and the rules about freedom of establishment applied. Activity was pursued by a self-employed person if it was (I) outside any relationship of subordination concerning the choice of the activity or conditions of work and remuneration, (ii) under that person’s own responsibility, and (iii) in return for remuneration paid to that person directly and in full. Because the provider satisfied the beneficiary for consideration without producing or transferring material goods, it was a provision of services for remuneration within "economic activities as self-employed persons" in the Association Agreements and "activities as self-employed persons" in article 52 of the Treaty, which meant the same. EC Treaty 177 (now article 234 EC) [ Bailii ] Â Autohouse Tottenham Ltd v Constantinou EAT/511/00 20 Nov 2001 EAT His Hon Judge D M Levy Qc Employment EAT Unlawful Deduction from Wages - (no sub-topic). [ EAT ] Â Tesco Stores Limited v B Othman-Khalid EAT/385/00 21 Nov 2001 EAT Mr Recorder Underhill Qc Employment EAT Unfair Dismissal - Procedural fairness/automatically unfair dismissal. [ EATn ] Â T C Warden v Anglia and Oxford Regional Health Authority EAT/68/96 21 Nov 2001 EAT The Honourable Mr Justice Lindsay (President) Employment EAT Time Limits - (no sub-topic) [ EATn ] Â P Murphy v Quality Commissioning Ltd EAT/913/00 21 Nov 2001 EAT His Honour Judge D M Levy Qc Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â Brennan v Bedford Borough Council [2001] UKEAT 352_01_2111 21 Nov 2001 EAT Employment [ Bailii ] Â Tesco Stores Ltd v Othman-Khalid [2001] UKEAT 385_00_2111 21 Nov 2001 EAT Employment [ Bailii ] Â Warden v Anglia and Oxford Regional Health Authority [2001] UKEAT 68_96_2111 21 Nov 2001 EAT Employment [ Bailii ] Â Christey v Cummings Inc [2001] UKEAT 832_01_2111 21 Nov 2001 EAT Employment [ Bailii ] Â Murphy v Quality Commissioning Ltd [2001] UKEAT 913_00_2111 21 Nov 2001 EAT Employment [ Bailii ] Â Daughters of the Cross of Liege (St Anthony's Hospital) v Shantikumar [2001] UKEAT 787_01_2111 21 Nov 2001 EAT Employment [ Bailii ] Â Career Path (Northamptonshire) v Doughty [2001] UKEAT 0814_00_2111 21 Nov 2001 EAT Employment [ Bailii ] Â Dadrah v Sunrise Medical Ltd [2001] UKEAT 0985_00_2111 21 Nov 2001 EAT Employment [ Bailii ] Â Badibanga v Otley College [2001] UKEAT 1331_99_2111 21 Nov 2001 EAT Employment [ Bailii ] Â Faulkner v Rochdale Borough Council [2001] UKEAT 607_01_2111 21 Nov 2001 EAT Employment [ Bailii ] Â Nottingham City Council v Redmond [2001] UKEAT 876_01_2111 21 Nov 2001 EAT Employment [ Bailii ] Â Chigbundu v Central Technology College and Another [2001] UKEAT 965_99_2111 21 Nov 2001 EAT Employment [ Bailii ] Â Ahmed v Osibanjo and others [2001] UKEAT 0694_01_2111 21 Nov 2001 EAT Employment [ Bailii ] Â A C M Bearings Ltd v Noble [2001] UKEAT 602_01_2111 21 Nov 2001 EAT Employment [ Bailii ] Â T C Warden v Anglia and Oxford Regional Health Authority EAT/68/96 21 Nov 2001 EAT The Honourable Mr Justice Lindsay (President) Employment The applicant had made application for several matters. She later sought to add a claim for sex discrimination. It was out of time, but she asked the tribunal to exercise their discretion to admit it out of time. She appealed their refusal, on the basis that she had not been given opportunity to address them on the point. Held: The tribunal felt that she had not been shut out of addressing them, save only when she sought to repeat earlier submissions. On the balance of probabilities, procedural error was not proven and was unlikely ever to be capable of being proved. Appeal dismissed. EAT Time Limits Â Tesco Stores Limited v B Othman-Khalid EAT/385/00 21 Nov 2001 EAT Mr Recorder Underhill QC Employment EAT Unfair Dismissal - Procedural Fairness Â P Murphy v Quality Commissioning Ltd EAT/913/00 21 Nov 2001 EAT His Honour Judge D M Levy QC Employment EAT Procedural Issues - Employment Tribunal Â Catherall v Michelin Tyres Plc [2001] UKEAT 915_01_2111 21 Nov 2001 EAT Pugsley HHJ Employment, Discrimination 1 Citers [ Bailii ] Â Whitely v Marton Electrical Ltd [2001] UKEAT 0841_01_2211 22 Nov 2001 EAT Employment [ Bailii ] Â Ocs Cleaning South Side v S Dhillon EAT/778/00 22 Nov 2001 EAT His Hon Judge Pugsley Employment EAT Procedural Issues - Employment Tribunal Â Ocs Cleaning South Side v S Dhillon EAT/778/00 22 Nov 2001 EAT His Hon Judge Pugsley Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â Hall v Route 73 Kids [2001] UKEAT 0483_01_2211 22 Nov 2001 EAT Employment [ Bailii ] Â Hampshire Fire and Rescue Service v Ash and others [2001] UKEAT 0426_01_2211 22 Nov 2001 EAT Employment [ Bailii ] Â Thoburn v Coventry City Council Coventry Contract Services [2001] UKEAT 1346_01_2211 22 Nov 2001 EAT Employment [ Bailii ] Â ALM Medical Services Ltd v Bladon [2001] EWCA Civ 1846 22 Nov 2001 CA Mummery LJ Employment Application for leave to appeal. 1 Cites 1 Citers [ Bailii ] Â Crystal Palace FC (2000) Ltd v Bruce Unreported, 22-Nov-01 22 Nov 2001 Employment 1 Citers Â 7 Day Catering Ltd v Rayner [2001] UKEAT 0833_01_2211 22 Nov 2001 EAT Employment [ Bailii ] Â Teinaz v Wandsworth EAT/0777/00; [2001] UKEAT 0679_01_2211; [2001] UKEAT 0777_00_2211 22 Nov 2001 EAT The Honourable Mr Justice Lindsay (President) Employment EAT Procedural Issues - Employment Tribunal. 1 Cites 1 Citers [ Bailii ] - [ Bailii ] - [ EAT ] Â London Borough of Lambeth and Another v Apelogun-Gabriels [2001] EWCA Civ 1853 22 Nov 2001 CA Employment 1 Cites 1 Citers [ Bailii ] Â Ocs Cleaning South Ltd v Dhillon [2001] UKEAT 0778_00_2211 22 Nov 2001 EAT Employment [ Bailii ] Â Marcelline v Middle East Airlines [2001] UKEAT 834_01_2211 22 Nov 2001 EAT Employment [ Bailii ] Â Coker and Osamor v The Lord Chancellor and the Lord Chancellor's Department Times, 03 December 2001; Gazette, 17 January 2002; [2001] EWCA Civ 1756; [2002] Emp LR 91; [2002] IRLR 80; [2002] ICR 321 22 Nov 2001 CA Lord Phillips Mr, Lord Justice Schiemann, And, Lord Justice Mummery Employment, Discrimination, Administrative The Lord Chancellor's action in appointing to a special adviser's post someone he already knew and trusted, without first advertising the post openly, was not an act of sex or race discrimination. Had they applied, they would not have been appointed because they were not personally known to the Lord Chancellor. In practice a post had been created for the person appointed. It was claimed that the requirement that the applicant be known to the Lord Chancellor, and be acceptable to him, had a disproportionate requirement against women and against non-white applicants. If the tribunal had reasoned that such a requirement would exclude greater proportions of such potential applicants, then the reasoning was wrong. Indirect discrimination requirement looked at the effect on the pool of potential candidates. It was discriminatory only if a significant proportion of the pool were able to satisfy the requirement. Where the requirement excluded almost the entirety of the pool, it could not constitute discrimination within the statutes. Since the requirement excluded everyone except the person appointed, it could have had no disproportionate effect on the different groupings within the pool. Sex Discrimination Act 1975 1(1)(b) - Equal Treatment Directive (76/207/EEC) (OJ 1976 L39/40) - Race Relations Act 1976 1 Cites 1 Citers [ Bailii ] Â Sovereign Food Group Limited v A Cannings EAT/802/00 23 Nov 2001 EAT The Honourable Mr Justice Maurice Kay Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â Gibbon Equipment Hire Limited v Construction Industry Training Board [2001] EWHC Admin 954 23 Nov 2001 Admn Employment, Construction [ Bailii ] Â Michaels v Sbs Worldwide Ltd [2001] UKEAT 793_00_2311 23 Nov 2001 EAT Employment [ Bailii ] Â Sovereign Food Group Limited v A Cannings EAT/802/00 23 Nov 2001 EAT The Honourable Mr Justice Maurice Kay Employment EAT Unfair Dismissal - Reason for Dismissal Â Hackney v Joseph and Another [2001] UKEAT 1260_01_2311 23 Nov 2001 EAT Employment [ Bailii ] Â Mutekede v Mencap and others [2001] UKEAT 0898_01_2311 23 Nov 2001 EAT Employment [ Bailii ] Â Royal College of Nursing v Ehdaie [2001] UKEAT 0789_00_2311 23 Nov 2001 EAT Employment 1 Cites [ Bailii ] Â Paul Michaels v Sbs Worldwide Ltd EAT/793/00 23 Nov 2001 EAT Mr Recorder Underhill QC Employment The appellant appealed dismissal of his claims for unfair and wrongful dismissal. The tribunals reasons for its decision was short. In particular the reasons did not disclose the view taken by the tribunal of allegations about the procedure followed. Nevertheless, that view could be deduced. On the face of it, the Respondents carried out a reasonable investigation, with full statements from the complainants and the Appellant being given a full opportunity to respond to those complaints. It was clear that the Respondents had acted in good faith, and the appeal was dismissed. EAT Unfair Dismissal - Reason for Dismissal 1 Cites Â Sirdaw v Kingsland School and Another [2001] UKEAT 874_01_2311 23 Nov 2001 EAT Employment [ Bailii ] Â Cpl Distribution Ltd v Evans and others [2001] UKEAT 0669_01_2311 23 Nov 2001 EAT Employment [ Bailii ] Â Paul Michaels v Sbs Worldwide Ltd EAT/793/00 23 Nov 2001 EAT Mr Recorder Underhill Qc Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â J L Melbourne v Ministry of Defence EAT/522/00; [2002] UKEAT 522_00_1401 26 Nov 2001 EAT The Honourable Mr Justice Maurice Kay Discrimination, Employment, Armed Forces EAT Race Discrimination - Direct e Army Act 1955 180 1 Citers [ Bailii ] - [ EATn ] Â Cybernet Tech v Craig [2001] UKEAT 0562_01_2611 26 Nov 2001 EAT Employment [ Bailii ] Â Paula Dale v CBS Online and Associates Ltd EAT/430/01 26 Nov 2001 EAT The Honourable Lord Johnston Employment EAT Contract of Employment - Written Particulars Â Darnton v University of Surrey [2001] UKEAT 0882_01_2611 26 Nov 2001 EAT Employment 1 Citers [ Bailii ] Â Hussain v Leicestershire Constabulary [2001] UKEAT 836_01_2611 26 Nov 2001 EAT Employment [ Bailii ] Â Harrow v Knight [2001] UKEAT 0790_01_2611 26 Nov 2001 EAT Employment 1 Citers [ Bailii ] Â Horsley v Secretary of State for International Development [2001] UKEAT 0863_01_2611 26 Nov 2001 EAT Employment [ Bailii ] Â Bateman v Watts (T/A Watts Brothers Central Garage) [2001] UKEAT 338_00_2611 26 Nov 2001 EAT Employment [ Bailii ] Â Kirby (T/A Kirby's Coaches) v Edwards [2001] UKEAT 1298_01_2611 26 Nov 2001 EAT Employment [ Bailii ] Â Moore v London Borough of Waltham Forest and others [2001] UKEAT 0656_01_2611 26 Nov 2001 EAT Employment [ Bailii ] Â Paula Dale v Cbs Online and Associates Ltd EAT/430/01 26 Nov 2001 EAT The Honourable Lord Johnston Employment EAT Contract of Employment - Written particulars. [ EATn ] Â Lankey v British Airways Plc [2001] UKEAT 901_01_2711 27 Nov 2001 EAT Employment 1 Citers [ Bailii ] Â Status Scientific Controls Ltd v Oliver and Another [2001] UKEAT 1306_01_2711 27 Nov 2001 EAT Employment [ Bailii ] Â Wilson v Sheffield City Council [2001] UKEAT 508_00_2711 27 Nov 2001 EAT Employment [ Bailii ] Â O'Regan v Comet Group Plc [2001] UKEAT 1275_01_2711 27 Nov 2001 EAT Employment [ Bailii ] Â M Allain v Jack Taylor School EAT/1010/00 27 Nov 2001 EAT His Honour Judge D Pugsley Employment EAT Procedural Issues - Employment Tribunal Â Â Hussain v Kings College Hospital NHS Trust; EAT 27-Nov-2001 - EAT/1345/01; [2001] UKEAT 1345_01_2711 Â Wardle v Bowes of Norfolk Ltd [2001] UKEAT 860_01_2711 27 Nov 2001 EAT Employment [ Bailii ] Â Victor-Davis v Hackney [2001] UKEAT 1269_01_2711 27 Nov 2001 EAT Employment 1 Citers [ Bailii ] Â Patel v Syd Brown and Sons Ltd [2001] UKEAT 584_01_2711 27 Nov 2001 EAT Employment [ Bailii ] Â Marion Graham Taylor v Barkland (Uk) Ltd EAT/721/01 27 Nov 2001 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Compensation Â Allain v Jack Taylor School [2001] UKEAT 1010_00_2711 27 Nov 2001 EAT Employment [ Bailii ] Â Robertson v Stolt Offshore Ltd EAT/845/01 27 Nov 2001 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Reason for Dismissal EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â Arriva North West Ltd v Lester [2001] UKEAT 1278_01_2711 27 Nov 2001 EAT Employment [ Bailii ] Â P J Wilson v Sheffield City Council EAT/508/00 27 Nov 2001 EAT His Honour Judge D M Levy Qc Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â Leslie Cook, Winifred Cook v Norlands Limited Appeal No 51 of 2000 27 Nov 2001 PC Land, Limitation, Employment, Estoppel (Isle of Man) The claimants had been employed for 27 years managing an amusement centre. They had a lower salary, reflecting a promise that the tied accommodation was to be 'theirs' after 7 years. After dismissal, the company sought possession, and the claimants sought transfer of the freehold, and asserted a proprietary estoppel. However there was no evidence as to the details of any calculations made, and the claimants had continued to accept low wages long after the house might have been paid for. The claim of a contract was void for uncertainty, and past performance issues did not arise. Law Reform (Enforcement of Contracts) Act 1956 (Isle of Man) [ PC ] - [ PC ] Â Marion Graham Taylor v Barkland (Uk) Ltd EAT/721/01 27 Nov 2001 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Compensation. [ EATn ] Â M Allain v Jack Taylor School EAT/1010/00 27 Nov 2001 EAT His Honour Judge D Pugsley Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â Mutambirwa v Carl Bros UK [2001] UKEAT 871_01_2811 28 Nov 2001 EAT Employment [ Bailii ] Â R R Setchell v Garden Isle Frozen Foods EAT/1079/00 28 Nov 2001 EAT His Honour Judge D M Levy QC Employment EAT Procedural Issues - Employment Tribunal Â P Anthony v Governing Body of Hillcrest School EAT/1193/00 28 Nov 2001 EAT His Honour Judge J R Reid QC Employment The applicant appealed a finding that his dismissal had not been unfair. On applying for the post he had exaggerated his qualifications, and would not have been appointed without them. He asserted that the chairman of the tribunal had been biased against him in the excessive interruptions which had intimidated his witnesses. The test of bias was whether a fair-minded and informed observer might conclude there was a real possibility that the tribunal was biased. The true nature of the claimant's claim had only become clear as the hearing had progressed. He had been heard over four days, and could not be said to have had his opportunity to present his case restricted. Despite faults, a fair minded observer would not conclude there was any bias in the chairman. EAT Unfair Dismissal - Procedural Fairness 1 Cites Â Setchell v Garden Isle Frozen Foods [2001] UKEAT 1079_00_2811 28 Nov 2001 EAT Employment [ Bailii ] Â R R Setchell v Garden Isle Frozen Foods EAT/1079/00 28 Nov 2001 EAT His Honour Judge D M Levy Qc Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â F Macaulay v London Borough of Hackney M Challonor EAT/0838/00 28 Nov 2001 EAT His Honour Judge Peter Clark Employment EAT Procedural Issues - Employment Tribunal Â F Macaulay v 1) London Borough of Hackney 2) Ms M Challonor EAT/0838/00 28 Nov 2001 EAT His Honour Judge Peter Clark Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â Ministry of Agriculture Fisheries and Food v Swaine [2001] UKEAT 789_01_2811 28 Nov 2001 EAT Employment [ Bailii ] Â Macaulay v Hackney and Another [2001] UKEAT 0838_00_2811 28 Nov 2001 EAT Employment [ Bailii ] Â Derrig v Greater Manchester Waste Ltd [2001] UKEAT 826_01_2811 28 Nov 2001 EAT Employment [ Bailii ] Â Anthony v Hillcrest School [2001] UKEAT 1193_00_2811 28 Nov 2001 EAT Employment [ Bailii ] Â P Anthony v Governing Body of Hillcrest School EAT/1193/00 28 Nov 2001 EAT His Honour Judge J R Reid Qc Employment EAT Unfair Dismissal - Procedural fairness/automatically unfair dismissal. [ EATn ] Â Executive Group Limited v R Power EAT/0885/00 29 Nov 2001 EAT The Honourable Mr Justice Maurice Kay Employment EAT Unfair Dismissal - Compensation. [ EATn ] Â Executive Group Limited v R Power EAT/0885/00 29 Nov 2001 EAT The Honourable Mr Justice Maurice Kay Employment EAT Unfair Dismissal - Compensation Â Margaret Anne Greig v Fife Council EAT/814/01 29 Nov 2001 EAT The Honourable Lord Johnston Employment, Discrimination EAT Unfair Dismissal - Reason for Dismissal/Disability Discrimination - Reasonable adjustments. [ EATn ] Â Robert Alexander Mcgowan, Brian Allan v West of Scotland Water Authority, West of Scotlandwater Authority EAT/903/01; EAT/803/01 29 Nov 2001 EAT The Honourable Lord Johnston Employment EAT Procedural Issues - Employment Tribunal Â C E Samuel v London Borough of Lewisham EAT/1015/00 29 Nov 2001 EAT His Honour Judge Peter Clark Employment EAT Unfair Dismissal - Reason for Dismissal Â Ms C E Samuel v London Borough of Lewisham EAT/1015/00 29 Nov 2001 EAT His Hon Judge Clark Employment EAT Unfair Dismissal - Other [ EATn ] Â Executive Group Ltd v Power [2001] UKEAT 885_00_2911 29 Nov 2001 EAT Employment [ Bailii ] Â Samuel v Lewisham [2001] UKEAT 1015_00_2911 29 Nov 2001 EAT Employment [ Bailii ] Â Robert Alexander Mcgowan, Brian Allan v West of Scotland Water Authority, West of Scotland Water Authority EAT/803/01; EAT/903/01 29 Nov 2001 EAT The Honourable Lord Johnston Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â Rajkumar v Lalla, Wooding, Mohammed, Walters, Seemungal, (Public Service Commission) and Baptiste (The Commissioner of Prisons) Appeal No 1 of 2001; [2001] UKPC 53 29 Nov 2001 PC Lord Nicholls of Birkenhead, Lord Mackay of Clashfern, Lord Hobhouse of Woodborough, Lord Millett, Sir Andrew Leggatt Administrative, Employment, Judicial Review (Trinidad and Tobago) The appellant complained that he had not been treated fairly as a civil servant in having been passed over for promotion. He sought to appeal a finding on judicial review. Held: While some proceedings for judicial review require more elaborate procedures, it is in no sense an optional procedure to be contrasted with some more formal procedure, and no leave is required from a final order in such proceedings. The appellant had been an acting Prison Officer grade II for ten years. The decision of the judge was in error, but the committee could not order his appointment. The case was remitted for the Civil Service Commission for their active consideration, and in the absence of a positive decision, full reasons were to be given. 1 Cites [ PC ] - [ PC ] - [ PC ] - [ Bailii ] Â Cercato-Gouveia v Kyprianou and Another [2001] EWCA Civ 1887 30 Nov 2001 CA Employment [ Bailii ] Â Lock v Sefton Support Services Ltd [2001] UKEAT 1401_00_3011 30 Nov 2001 EAT Employment [ Bailii ] Â Lal v Cooksons Precious Metals Ltd [2001] UKEAT 0853_01_3011 30 Nov 2001 EAT Employment [ Bailii ] Â Kuttappan v Croydon [2001] UKEAT 913_01_3011 30 Nov 2001 EAT Employment [ Bailii ] Â James v Wesleyan Assurance Society Ltd [2001] UKEAT 949_00_3011 30 Nov 2001 EAT Employment [ Bailii ] Â Transcolour (Scotland) Ltd v William Rodger EAT/815/01 30 Nov 2001 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Procedural Fairness Â Stodart v F J Blissett and Co Ltd [2001] UKEAT 0893_01_3011 30 Nov 2001 EAT Employment [ Bailii ] Â Scottish Daily Record and Sunday Mail Ltd v Margaret Mcavoy, Gmb Union, Robert Parker EAT/1271/01 30 Nov 2001 EAT The Honourable Lord Johnston Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â Coelho v Biorex Laboratories Ltd [2001] UKEAT 1041_00_3011 30 Nov 2001 EAT Employment [ Bailii ] Â Transcolour (Scotland) Ltd v William Rodger EAT/815/01 30 Nov 2001 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Procedural fairness/automatically unfair dismissal. [ EATn ] Â A Lock v Sefton Support Services EAT/1401/00 30 Nov 2001 EAT The Honourable Mr Justice Maurice Kay Employment EAT Unfair Dismissal - Procedural fairness/automatically unfair dismissal. [ EATn ] Â Davisons Solicitors v Wright [2001] UKEAT 800_01_3011; EAT/800/01 30 Nov 2001 EAT His Honour Judge A Wilkie QC Employment EAT Time Limits - (no sub-topic) EAT Procedural Issues - Employment Appeal Tribunal. 1 Cites [ Bailii ] - [ EAT ] - [ EAT ] Â C Anderson v the Rover Group Ltd, Joe Black, Jason Foxhall EAT/1426/99 30 Nov 2001 EAT His Hon Judge Pugsley Employment EAT Unfair Dismissal - Other [ EATn ] Â Ms S O'Neill v D Wesson EAT/1140/00 30 Nov 2001 EAT The Honourable Mr Justice Maurice Kay Employment EAT Contract of Employment - Breach of Contract. [ EATn ] Â Â Archer v Employment Tribunal and others; CA 30-Nov-2001 - [2001] EWCA Civ 1965 Â A Lock v Sefton Support Services EAT/1401/00 30 Nov 2001 EAT The Honourable Mr Justice Maurice Kay Employment EAT Unfair Dismissal - Procedural Fairness Â O'Neill v Wesson [2001] UKEAT 1140_00_3011 30 Nov 2001 EAT Employment [ Bailii ] Â The College of North East London v Leather [2001] UKEAT 0528_00_3011; EAT/0528/00 30 Nov 2001 EAT His Honour Judge Peter Clark Employment A part-time college lecturer claimed holiday pay under Regulation 13. Her rate of pay was calculated with the apparent aim of achieving equivalence with the remuneration of full-time lecturers. The Employment Tribunal referred to the findings of the Employment Tribunal in the employee’s favour: “4. In upholding the complaint the Chairman concluded that the contract between the parties, as it existed on 3 September 1998, was for a payment to the Applicant of £17.21 per hour, which payment was solely in respect of hours worked. The Respondent could not unilaterally vary the contract to apportion £3.54 of the hourly rate to holiday pay. That would be to defeat the provisions of the Regulations. Consequently the claim for holiday pay succeeded.” Upholding that finding, the Appeal Tribunal distinguished their decision in the present case on the ground that the contract in Leather contained an express term that there was no entitlement to paid holiday under the contract. Held: “The contract expressly provided that there was no entitlement to paid holiday under the contract. It follows, on the particular facts of this case, that there was no contractual remuneration paid to the applicant in respect of any period of leave.” 1 Citers [ Bailii ] - [ EATn ] Â Scottish Daily Record and Sunday Mail Ltd v Margaret McAvoy, GMB Union, Robert Parker EAT/1271/01 30 Nov 2001 EAT The Honourable Lord Johnston Employment EAT Procedural Issues - Employment Tribunal Â S O'Neill v D Wesson EAT/1140/00 30 Nov 2001 EAT The Honourable Mr Justice Maurice Kay Employment EAT Contract of Employment - Breach of Contract Â Kularatne v Horizon NHS Trust [2001] UKEAT 1156_01_0312 3 Dec 2001 EAT Employment [ Bailii ] Â J L Hinchliffe v John L Brierley Ltd EAT/1332/00 3 Dec 2001 EAT His Honour Judge D Pugsley Employment EAT Unfair Dismissal - Contributory fault. [ EATn ] Â Atkin and Another v Safeway Stores Plc [2001] UKEAT 0671_01_0312 3 Dec 2001 EAT Employment [ Bailii ] Â J Walker v J L Brierley Ltd EAT/1081/00 3 Dec 2001 EAT His Honour Judge D Pugsley Employment EAT Redundancy - Other - [ EATn ] Â Startup Station Plc v Allen [2001] UKEAT 0783_01_0312 3 Dec 2001 EAT Employment [ Bailii ] Â Bank of Credit and Commerce International Sa v Munwar Ali [2001] EWHC Ch 463 3 Dec 2001 ChD Mr Justice Lawrence Collins Employment [ Bailii ] Â Soni and Another v Khan [2001] UKEAT 1309_01_0312 3 Dec 2001 EAT Employment [ Bailii ] Â Al-Azzawi v Haringey Council [2001] UKEAT 158_00_0312 3 Dec 2001 EAT Employment [ Bailii ] Â Budgens Stores Ltd v Floyd [2001] UKEAT 1080_00_0312 3 Dec 2001 EAT Employment [ Bailii ] Â Coleridge Business Services Ltd v Poullai [2001] UKEAT 1213_01_0312 3 Dec 2001 EAT Employment [ Bailii ] Â J Walker v J L Brierley Ltd EAT/1081/00 3 Dec 2001 EAT His Honour Judge D Pugsley Employment EAT Redundancy - Other Â University of Kent at Canterbury v Fitzgerald [2001] UKEAT 1313_01_0312 3 Dec 2001 EAT Employment [ Bailii ] Â J L Hinchliffe v John L Brierley Ltd EAT/1332/00 3 Dec 2001 EAT His Honour Judge D Pugsley Employment EAT Unfair Dismissal - Contributory Fault Â Walker v J L Brierley Ltd [2001] UKEAT 1081_00_0312 3 Dec 2001 EAT Employment [ Bailii ] Â Turay v Complete Properties Security Ltd [2001] UKEAT 1322_01_0312 3 Dec 2001 EAT Employment [ Bailii ] Â Oakpark Security v Murray [2001] UKEAT 1418_01_0312 3 Dec 2001 EAT Employment [ Bailii ] Â Fincham v HM Prison Service [2001] UKEAT 0925_01_0312 3 Dec 2001 EAT Employment 1 Citers [ Bailii ] Â Hinchliffe v John L Brierley Ltd [2001] UKEAT 1332_00_0312 3 Dec 2001 EAT Employment [ Bailii ] Â Home Office v Fletcher-Cooke [2001] UKEAT 1372_01_0412 4 Dec 2001 EAT Employment [ Bailii ] Â E Okoturo v Tesco Stores Plc EAT/344/00 4 Dec 2001 EAT His Honour Judge Peter Clark Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â A Marley v Securicor Cash Serivices Ltd EAT/1045/00 4 Dec 2001 EAT His Hon Judge Pugsley Employment EAT Contract of Employment - Breach of Contract. [ EATn ] Â A M Hughes v T Jones T/A Plas-Y-Bryn Nursing Home EAT/688/00 4 Dec 2001 EAT Mr Recorder Underhill Qc Employment EAT Unfair Dismissal - Contributory fault. [ EATn ] Â Okoturo v Tesco Stores Plc [2001] UKEAT 344_00_0412 4 Dec 2001 EAT Employment [ Bailii ] Â Hughes v Jones (T/A Plas-Y-Bryn Nursing Home) [2001] UKEAT 688_00_0412 4 Dec 2001 EAT Employment [ Bailii ] Â The Chief Constable of West Yorkshire Police v Vento EAT/522/01; [2001] UKEAT 522_01_0412 4 Dec 2001 EAT The Honourable Mr Justice Wall Discrimination, Damages, Employment EAT Sex Discrimination - Direct 1 Cites 1 Citers [ Bailii ] - [ EATn ] Â E Okoturo v Tesco Stores Plc EAT/344/00 4 Dec 2001 EAT His Honour Judge Peter Clark Employment EAT Procedural Issues - Employment Tribunal Â Dispatch Management Services (Uk) Ltd v Douglas and others [2001] UKEAT 902_01_0412 4 Dec 2001 EAT Employment [ Bailii ] Â Marley v Securicor Cash Services Ltd EAT/1045/00; [2001] UKEAT 1045_00_0412 4 Dec 2001 EAT His Hon Judge Pugsley Employment EAT Contract of Employment - Breach of Contract 1 Cites 1 Citers [ Bailii ] Â Davies v Northamptonshire Probation Service and others [2001] UKEAT 0235_00_0412 4 Dec 2001 EAT Employment [ Bailii ] Â Fadipe v Reed Nursing Personell [2001] EWCA Civ 1885; [2005] ICR 1760 4 Dec 2001 CA Employment, Discrimination Failure to give proper reference. ECJ judgment giving right to make complaint only if cause was result of complaint over health and safety matters. Held: The appeal failed. The section did not protect former workers: "section 44 does not, on its proper construction, apply in the circumstances relied upon by Mr Fadipe. The section is in the part of the Act that affords protection from suffering detriment in employment. Its purpose is to protect employees while they are still employed from suffering detriment, short of dismissal, by reason of having brought to their employer's attention health and safety matters of the kind referred to in section 44(1)(c). If it is a dismissal case the section does not apply: see section 44(4). " Nor was it possible now to raise issues not pleaded before the tribunal. Council Directive on the introduction of measures to encourage improvement in the safety and health of workers at work, 89/391/EEC - Employment Rights Act 1996 44 1 Cites 1 Citers [ Bailii ] Â A M Hughes v T Jones T/A Plas-Y-Bryn Nursing Home EAT/688/00 4 Dec 2001 EAT Mr Recorder Underhill QC Employment EAT Unfair Dismissal - Contributory Fault Â David v International Marketing and Promotions Ltd [2001] UKEAT 1295_01_0412 4 Dec 2001 EAT Employment [ Bailii ] Â Condappa v Newham Health Care Trust [2001] UKEAT 452_00_0412 4 Dec 2001 EAT Employment [ Bailii ] Â B Hall v F Large, Simia Fara and Co EAT/358/99 5 Dec 2001 EAT The Honourable Mr Justice Maurice Kay Employment EAT Equal Pay Act - (no sub-topic). [ EATn ] Â IPC Media Ltd v Molyneaux [2001] UKEAT 928_01_0512 5 Dec 2001 EAT Employment 1 Cites 1 Citers [ Bailii ] Â M Mcdonald v London Borough of Camden UKEAT/1122/00 5 Dec 2001 EAT His Honour Judge Levy Employment EAT Contract of Employment - Definition of employee. [ EATn ] Â Mcdonald v Camden [2001] UKEAT 1122_00_0512 5 Dec 2001 EAT Employment [ Bailii ] Â Mcloughlin v Sutcliffe Catering (Uk) Ltd [2001] UKEAT 932_01_0512 5 Dec 2001 EAT Employment [ Bailii ] Â Mcdonald v London Borough of Camden EAT/1122/00 5 Dec 2001 EAT His Hon Judge D M Levy QC Employment EAT Contract of Employment - Breach of Contract Â IPC Media Ltd v IPC Magazines Ltd and others [2001] UKEAT 173_01_0512 5 Dec 2001 EAT Employment [ Bailii ] Â B Hall v F Large Simia Fara and Co EAT/358/99 5 Dec 2001 EAT The Honourable Mr Justice Maurice Kay Employment EAT Equal Pay Act - Â Hall v Large and Another [2001] UKEAT 358_99_0512 5 Dec 2001 EAT Employment [ Bailii ] Â Flatley v Society of Motor Manufacturers and Traders Ltd [2001] UKEAT 919_01_0512 5 Dec 2001 EAT Employment [ Bailii ] Â Â Fitch v Durlston Court School Trust; EAT 5-Dec-2001 - [2001] UKEAT 1121_00_0512 Â Metanie v Telegan Gas Monitoring (Incorporating Research Engineers) [2001] UKEAT 512_01_0512 5 Dec 2001 EAT Employment [ Bailii ] Â Logan-Salton v Calderdale Metropolitan Borough Council [2001] EWCA Civ 1940 6 Dec 2001 CA Employment 1 Cites [ Bailii ] Â Balamoody v United Kingdom Central Council for Nursing, Midwifery and Health Visiting [2001] EWCA Civ 2097; [2002] IRLR 288; [2002] ICR 646 6 Dec 2001 CA Henry LJ, Ward LJ, Sir Christopher Slade Employment, Discrimination, Litigation Practice The claimant had been struck from the register of nurses after convictions arising from failures of his staff at his nursing home with regard to drug management. He had then brought claims of unlawful race discrimination against the health authority and against the respondent. Those claims had been dismissed as frivolous, no valid comparator having been provided. The appellant said that the tribunal should have heard his evidence before deciding that his claim was frivolous. Held. The appeal was allowed and the case remitted. The court approved and applied the decision in Moore. The decision to strike out a claim was an exercise of discretion which should be disturbed only for an error of law or manifest unreasonableness. However the case might have proceeded on the basis of a hypothetial comparator. His complaint was not of the unfairness of the respondent's decision but as to its unlawfulness being, he said, based on racial grounds. It was incumbent on the tribunal to construct an hypothetical comparator. The tribunal and appeal tribunal had lost sight of the fundamental claim. Nursing Homes and Mental Nursing Homes Regulations 1984 15(3) - Employment Tribunals (Constitution and Rules of Procedure) Regulations 1993 13(2) - Employment Tribunals (Constitution and Rules of Procedure) Regulations 2001 15(2) - Race Relations Act 1976 1(1) 2 3(4) 1 Cites 1 Citers [ Bailii ] Â Stoll (Uk) Ltd v Mitcham [2001] UKEAT 1018_01_0612 6 Dec 2001 EAT Employment [ Bailii ] Â K M Shwky v Heritage Care EAT/1185/00 6 Dec 2001 EAT His Honour Judge Peter Clark Employment EAT Procedural Issues - Employment Tribunal Â Robertson v Ward [2001] UKEAT 308_01_0612 6 Dec 2001 EAT Employment [ Bailii ] Â Maqbool v West Yorkshire Police [2001] UKEAT 1236_01_0612 6 Dec 2001 EAT Employment [ Bailii ] Â Ogunleye v Greater Manchester Probation Committee [2001] UKEAT 817_01_0612 6 Dec 2001 EAT Employment 1 Citers [ Bailii ] Â Dr E Sim v Manchester Action on Street Health (Mash) EAT/0085/01 6 Dec 2001 EAT The Honourable Mr Justice Lindsay (P) Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â T P Crook v Ministry of Defence EAT/0428/00 6 Dec 2001 EAT The Honourable Mr Justice Lindsay (President) Employment EAT Unfair Dismissal - Reason for Dismissal Â Crook v Ministry of Defence [2001] UKEAT 0428_00_0612 6 Dec 2001 EAT Employment [ Bailii ] Â A Photis, v Bruce, Dr J Heyes v Kmc International Search and Selection, the Department of Trade and Industry, Kmc International Search and Selection, the Department of Trade and Industry, the Lord Chancellora€s Department EAT/732/00, EAT/766/00, EAT/9 6 Dec 2001 EAT The Honourable Mr Justice Lindsay (President) Employment EAT Jurisdiction - (no sub-topic). [ EATn ] Â K M Shwky v Heritage Care EAT/1185/00 6 Dec 2001 EAT His Honour Judge Peter Clark Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â Elvee Ltd v Taylor and others [2001] EWCA Civ 1943; [2002] FSR 48; (2002) 25(3) IPD 25017 6 Dec 2001 CA Sir Andrew Morritt VC, Chadwick LJ Employment [ Bailii ] Â Ghausia Jamia Mosque and Welfare Association v Qamar [2001] UKEAT 899_01_0612 6 Dec 2001 EAT Employment [ Bailii ] Â T P Crook v Ministry of Defence EAT/0428/00 6 Dec 2001 EAT The Honourable Mr Justice Lindsay (President) Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â Shwky v Heritage Care [2001] UKEAT 1185_00_0612 6 Dec 2001 EAT Employment [ Bailii ] Â Enesco European Giftware Group Ltd v Birkett [2001] UKEAT 190_01_0612 6 Dec 2001 EAT Employment 1 Cites 1 Citers [ Bailii ] Â A Photis v Bruce, Dr J Heyes v Kmc International Search and Selection, The Department of Trade and Industry, KMC International Search and Selection, The Department of Trade and Industry, the Lord Chancellor's Department EAT/766/00; EAT/732/00 6 Dec 2001 EAT The Honourable Mr Justice Lindsay (President) Human Rights, Employment The case concerned the applicability of the race and disability discrimination law to appointments to statutory offices, particularly as to whether any remedy was provided for infringement. It was suggested that such appointments did not constitute employment. Held: The Act in section 64 made the distinction, and statutory appointments were not covered by the 1995 Act. Did such a system infringe the applicant's human rights in failing to provide a remedy? No European Law existed establishing disability discrimination as a wrong, and there was none outside the Act in English law. There was no infringement of a recognised right for the determination of which a fair trial had been refused. Similar arguments applied for the race discrimination claim. Whether this is appropriate or necessary is for Parliament to decide. EAT Jurisdiction - Disability Discrimination Act 1995 64(2) 68 - Race Relations Act 1976 - European Convention on Human Rights Art 6 Â Ashworth Hospital Authority v D Roe EAT/1189/00 7 Dec 2001 EAT His Honour Judge D M Levy Qc Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â Ford Motor Company Limited v P Carr EAT/1052/99 7 Dec 2001 EAT The Honourable Mr Justice Maurice Kay Employment EAT Equal Pay Act - (no sub-topic). [ EATn ] Â Adebayo-Orebote v Sureway Parking Services Ltd [2001] UKEAT 1242_00_0712 7 Dec 2001 EAT Employment [ Bailii ] Â Elc Investment Ltd (T/A Paradise Bakery) v Valenti [2001] UKEAT 0870_01_0712 7 Dec 2001 EAT Employment [ Bailii ] Â Driskel v Peninsula Business Services Ltd and Another [2001] UKEAT 0233_01_0712 7 Dec 2001 EAT Pugsley J Employment, Discrimination, Damages The claimant sought leave to appeal against a finding that though there had been serious sex discrimination, the affect on her had been low, and the damages for injury to feelings reduced accordingly. Held. The appeal was dismissed. The defendant's manager had made crass sexist remarks, but the tribunal had considered them and had not erred in law in its award of £2,500. 1 Cites [ Bailii ] Â Ashbolt v Chief Constable of Hampshire Constabulary [2001] UKEAT 0438_01_0712 7 Dec 2001 EAT Employment [ Bailii ] Â Ashworth Hospital Authority v Roe [2001] UKEAT 1189_00_0712 7 Dec 2001 EAT Employment [ Bailii ] Â K v Commissioner Metropolitan Police Service [2001] UKEAT 0960_01_0712 7 Dec 2001 EAT Employment [ Bailii ] Â Latchman v Reed Business Information Ltd [2002] ICR 1453; EAT/1303/00; [2002] UKEAT 1303_00_2002; [2002] ICR 1453 7 Dec 2001 EAT The Honourable Mr Justice Lindsay (P) Discrimination, Employment EAT The EAT considered the expression "likely to last" in paragraph 2(1)(b) of the Act, and stated: "It is always tempting to accord, and is often appropriate, when it is charged with finding out what at some earlier date the future would then have seem to hold, to have regard to what the future in fact came to pass to be, as, by the date of the hearing, will have sometimes come to be the case". "But both the terms of Schedule 1, paragraph 2(1)(b), and the opening words of paragraph B8 of the Guidance emphasise that here what has to be examined is the existence or not of a likelihood. The question is not whether the impairment in fact lasted at least 12 months (as would very often, given inescapable delays in arranging hearings, be capable of being easily seen by looking backwards from the date of the hearing) but whether the "period for which it lasts is likely to be at least 12 months". Although the latter part of the first sentence of paragraph B8 is unhelpful as guidance, it is not, in our view, intended to displace the otherwise proper construction of paragraph 2(1)(b), which the present tense "is likely" assists towards, namely that the likelihood falls to be judged as it currently was, or would have seemed to have been, at the point when the discriminatory behaviour occurred. The latter part of paragraph B8 (taking account of the typical length rather than the actual length of an effect as it has transpired to be) emphasises that it is not what has actually later occurred but what could earlier have been expected to occur which is to be judged. Mr Harris has sought to persuade us that Greenwood v British Airways plc [1999] ICR 969 is to the contrary, in particular at p 977E—F. It is clear that in some respects that paragraph is not to the contrary, but to the extent that it is we must respectfully differ from it". EAT Disability Discrimination - Disability. Disability Discrimination Act 1995 1 Cites 1 Citers [ Bailii ] - [ EAT ] Â Campbell v Computeraid Services Ltd [2001] UKEAT 1241_01_0712 7 Dec 2001 EAT Employment [ Bailii ] Â Ashworth Hospital Authority v D Roe EAT/1189/00 7 Dec 2001 EAT His Honour Judge D M Levy QC Employment EAT Unfair Dismissal - Reason for Dismissal Â S Adebayo-Orebote v Sureway Parking Services Ltd EAT/1242/00 7 Dec 2001 EAT His Hon Judge Pugsley Employment EAT Procedural Issues - Employment Tribunal Â S Adebayo-Orebote v Sureway Parking Services Ltd EAT/1242/00 7 Dec 2001 EAT His Hon Judge Pugsley Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â John Webster T/A Rooflines Direct v E Miller EAT/0785/00 10 Dec 2001 EAT His Honour Judge D Pugsley Employment EAT Contract of Employment - Definition of Employee Â Webster (T/A Rooflines Direct) v Miller [2001] UKEAT 785_00_1012 10 Dec 2001 EAT Employment [ Bailii ] Â Zanicchi v Post Office Communication Workers Union [2001] UKEAT 298_01_1012 10 Dec 2001 EAT Employment [ Bailii ] Â Dr G A Mowat-Brown v University of Surrey EAT/462/00 10 Dec 2001 EAT His Honour Judge J R Reid QC Employment, Discrimination The appellant appealed a finding that he had not been unfairly dismissed and had not sufferred discrimination for his disability. He said his case had been ambushed by the respondent being allowed, in closing, to raise matters to which he was given no right of reply. Held: The issue had been raised on the first of a five day hearing, and the ground was without basis. Although the claimant suffered multiple sclerosis, the finding that he was not disabled was not perverse. The tribunal had rejected the applicant's evidence of the extent of the symptoms he claimed. The impairment was one which might arise in future, but the medical evidence was inconclusive. The appeal was dismissed. EAT Disability Discrimination - Disability Â T K Ramanlal v Puspakkani Sheth EAT/556/01 10 Dec 2001 EAT His Honour Judge D Pugsley Employment EAT Procedural Issues - Employment Tribunal Â Mrjohn Webster T/A Rooflinees Direct v E Miller EAT/785/00 10 Dec 2001 EAT His Hon Judge Pugsley Employment EAT Unfair Dismissal - Other [ EATn ] Â Ramanlal v Sheth [2001] UKEAT 556_01_1012 10 Dec 2001 EAT Employment [ Bailii ] Â Johnson v Camden and Islington Community Health Services NHS Trust and others [2001] UKEAT 900_01_1012 10 Dec 2001 EAT Employment [ Bailii ] Â John Webster T/A Rooflines Direct v E Miller EAT/0785/00 10 Dec 2001 EAT His Honour Judge D Pugsley Employment EAT Contract of Employment - Definition of employee. [ EATn ] Â Mowat-Brown v University of Surrey [2001] UKEAT 462_00_1012 10 Dec 2001 EAT Employment [ Bailii ] Â Nowak v T and S Stores Ltd [2001] UKEAT 914_01_1012 10 Dec 2001 EAT Employment [ Bailii ] Â Roy v Khan and Another [2001] UKEAT 910_01_1012 10 Dec 2001 EAT Employment [ Bailii ] Â T K Ramanlal v Puspakkani Sheth EAT/556/01 10 Dec 2001 EAT His Honour Judge D Pugsley Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â Transport and General Workers Union v Associated British Ports Ltd [2001] EWCA Civ 2032 11 Dec 2001 CA Employment The respondent had obtained an injunction to prevent the claimants supporting or encouraging their members to strike. The Union appealed and sought confirmation of its immunity under the Act. The members at issue were pilots on the Humber. They were self employed. The respondent argued that they were not employees under the Act. Held: The pilots did operate under contracts, despite the statutory background. The contracts were in the form of authorisations, but included disciplinary procedures. The nature of the contracts brought them within the 1992 Act, and there was a trade dispute. The authority said the order should be made because there was evidence that a renewed ballot would produce a different result, but that evidence was inadequate. Appeal allowed. Trade Union and Labour Relations (Consolidation) Act 1992 219 [ Bailii ] Â Intergrity Financial Solutions v Hopkins [2001] UKEAT 0927_01_1112 11 Dec 2001 EAT Employment 1 Citers [ Bailii ] Â Jones v 3M Healthcare Ltd [2001] UKEAT 0714_00_1112 11 Dec 2001 EAT Employment [ Bailii ] Â Langley v Essex Rivers Healthcare NHS Trust [2001] UKEAT 1228_00_1112 11 Dec 2001 EAT Employment [ Bailii ] Â Â G Howell v Consignia Plc; EAT 11-Dec-2001 - EAT/847/00; [2001] UKEAT 0847_00_1112 Â Bedfordshire Police v Liversidge [2001] EWCA Civ 1985 11 Dec 2001 CA Employment 1 Cites 1 Citers [ Bailii ] Â Archer, Regina (on the Application of) v Employment Tribunal and others [2001] EWCA Civ 2022 11 Dec 2001 CA Employment [ Bailii ] Â Barry v The Student Support Centre (Bucks) Ltd [2001] UKEAT 0916_01_1112 11 Dec 2001 EAT Levy QC HHJ Employment, Discrimination Appeal against rejection of claim of disability discrimination. [ Bailii ] Â Wynnwith Engineering Co Ltd v Bennett and others [2001] UKEAT 480_00_1112 11 Dec 2001 EAT Employment [ Bailii ] Â Stone v Latchkey [2001] UKEAT 0918_01_1112 11 Dec 2001 EAT Employment [ Bailii ] Â Skinners Hastings Ltd v Wilkin [2001] UKEAT 1023_00_1112 11 Dec 2001 EAT Employment [ Bailii ] Â P J Charnetski v Safeway Store Plc EAT/1052/00; [2001] UKEAT 1052_00_1112; EAT/1502/00 11 Dec 2001 EAT The Honourable Mr Justice Maurice Kay Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. EAT Unfair Dismissal - Other 1 Cites [ Bailii ] - [ EATn ] - [ EATn ] Â Papa Luigi Dial A Pizza v Shabir [2001] UKEAT 0451_01_1212 12 Dec 2001 EAT Employment [ Bailii ] Â Opare-Addo v Wandsworth Borough Council [2001] UKEAT 0740_01_1212 12 Dec 2001 EAT Employment [ Bailii ] Â Varley v Gill [2001] UKEAT 1456_00_1212 12 Dec 2001 EAT Maurice KayJ Employment Wether the claimant ws a 'worker'. Employment Rights Act 1996 230(3) [ Bailii ] Â Thackray v Aindale BMS Ld [2001] UKEAT 0933_01_1212 12 Dec 2001 EAT Pugsley HHJ Employment Unlawful deduction [ Bailii ] Â Â Timbrell v Colonial Mutual Group (UK Holdings) Ltd; CA 12-Dec-2001 - [2001] EWCA Civ 1992 Â Thomson Financial Services Ltd v Nigel Farren EAT/439/00 13 Dec 2001 EAT The Honourable Mr Justice Wall Employment EAT Contract of Employment - Breach of Contract Â Coyle v Georgiou [2001] UKEAT 535_00_1312 13 Dec 2001 EAT Employment [ Bailii ] Â Chief Constable of Bedfordshire Police v Liversidge [2001] UKEAT 775_00_1312 13 Dec 2001 EAT Employment 1 Cites 1 Citers [ Bailii ] Â Barnes v James Kimber Magazines Ltd [2001] UKEAT 1199_00_1312 13 Dec 2001 EAT Employment [ Bailii ] Â Secretary of State for Trade and Industry v Rawbone and Another [2001] UKEAT 1255_00_1312 13 Dec 2001 EAT Employment [ Bailii ] Â Thomson Financial Services Ltd v Farren [2001] UKEAT 439_00_1312 13 Dec 2001 EAT Employment [ Bailii ] Â L I Group Ltd v Craig [2001] UKEAT 432_00_1312 13 Dec 2001 EAT Employment [ Bailii ] Â Dr O'Keefe v National School of Hypnosis and Psychotherapy,(2) United Kingdom Council for Psychotheraphy EAT/0414/01; EAT/0314/01; [2001] UKEAT 0314_01_1312 13 Dec 2001 EAT His Honour Judge Peter Clark Employment EAT Procedural Issues - Employment Tribunal 1 Citers [ Bailii ] - [ EATn ] Â L I Group Ltd v A J Craig EAT/432/00 13 Dec 2001 EAT The Honourable Mr Justice Wall Employment EAT Procedural Issues - Employment Tribunal Â Secretary of State for Trade and Industry v R N Rawbone, Black Sea and Baltic General Insurance Co (In Liquidation) and Other EAT/1255/00 13 Dec 2001 EAT His Honour Judge D M Levy Qc Employment EAT Transfer of Undertakings - Insolvent Employer. [ EATn ] Â University of Lincolnshire and Humberside v T Lane EAT/775/00 & EAT/1444/00 13 Dec 2001 EAT Mr Commissioner Howell Qc Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â G G Williams v Owens Corning Fibreglass (Gb) Ltd EAT/1039/00 13 Dec 2001 EAT His Honour Judge D Pugsley Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â Shipham and Co Ltd v D E Skinner EAT/840/00 13 Dec 2001 EAT The Honourable Mr Justice Wall Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â Thomson Financial Services Ltd v Nigel Farren EAT/439/00 13 Dec 2001 EAT The Honourable Mr Justice Wall Employment EAT Contract of Employment - Breach of Contract. [ EATn ] Â L I Group Ltd v A J Craig EAT/432/00 13 Dec 2001 EAT The Honourable Mr Justice Wall Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â Â Secretary of State for Trade and Industry v R N Rawbone, Black Sea and Baltic General Insurance Co (In Liquidation) and Other; EAT 13-Dec-2001 - EAT/1255/00 Â Shipham and Co Ltd v D E Skinner EAT/840/00; [2001] UKEAT 840_00_1312 13 Dec 2001 EAT The Honourable Mr Justice Wall Employment EAT Unfair Dismissal - Reason for Dismissal [ Bailii ] Â University of Lincolnshire and Humberside v T Lane EAT/1444/00; EAT/775/00 13 Dec 2001 EAT Mr Commissioner Howell QC Employment EAT Unfair Dismissal - Reason for Dismissal Â Crichlow and others v Community Housing Association Ltd [2001] UKEAT 1056_00_1412 14 Dec 2001 EAT Employment [ Bailii ] Â Shojaee v Greenhead Grammar School and others [2001] UKEAT 0204_01_1412 14 Dec 2001 EAT Employment [ Bailii ] Â Lucey v EC Sames and Co Ltd and Another [2001] UKEAT 0965_00_1412 14 Dec 2001 EAT Employment [ Bailii ] Â Lawal v Securitec Group UK Ltd [2001] UKEAT 877_01_1712 17 Dec 2001 EAT Maurice Kay J Employment [ Bailii ] Â Rowden v Dutton Gregory Solictors EAT/1116/00; [2002] UKEAT 1116_00_2502; [2002] ICR 971 17 Dec 2001 EAT The Honourable Mr Justice Lindsay (P) Discrimination, Employment EAT Disability Discrimination - Disability EAT Disability Discrimination - Disability. Disability Discrimination Act 1995 1 Cites 1 Citers [ Bailii ] - [ EATn ] Â Wildgoose and others v Rampton Hospital Authority [2001] UKEAT 977_00_1712; EAT/0977/00 17 Dec 2001 EAT The Honourable Mr Justice Maurice Kay Employment EAT Unlawful Deduction from Wages [ Bailii ] - [ EAT ] Â Rawson v Martin Ward Anderson Ltd [2001] UKEAT 1304_00_1712; EAT/1304/00 17 Dec 2001 EAT His Honour Judge Peter Clark Employment, Discrimination EAT Sex Discrimination - Direct [ Bailii ] - [ EAT ] Â Gardner v Canterbury College [2001] UKEAT 0869_01_1712 17 Dec 2001 EAT Employment [ Bailii ] Â Parkinson v Hemmings and Another [2001] UKEAT 936_01_1712 17 Dec 2001 EAT Employment [ Bailii ] Â Collett v Diocese of Hallam Trustee [2001] UKEAT 1400_00_1712; EAT/1400/00 17 Dec 2001 EAT Employment, Discrimination EAT Disability Discrimination - Disability [ Bailii ] - [ EAT ] Â Al-Mukhtar v Redbridge Healthcare Trust [2001] UKEAT 0453_01_1712 17 Dec 2001 EAT Employment [ Bailii ] Â Aqua-Gas (Valves and Fittings) Ltd v Brunning [2001] UKEAT 0920_01_1812 18 Dec 2001 EAT Employment [ Bailii ] Â Roberts v National Union of Journalists [2001] UKEAT 1158_01_1812 18 Dec 2001 EAT Employment [ Bailii ] Â Banton v Amicus Group Ltd [2001] UKEAT 0965_01_1812 18 Dec 2001 EAT Employment [ Bailii ] Â Perfect Glazing Ltd v Bussanius [2001] UKEAT 1282_01_1812 18 Dec 2001 EAT Employment 1 Citers [ Bailii ] Â Home Office v Butt [2001] UKEAT 1169_00_1812 18 Dec 2001 EAT Employment [ Bailii ] Â Cameron v Kurt Mueller (Uk) Ltd [2001] UKEAT 1205_00_1812 18 Dec 2001 EAT Employment [ Bailii ] Â J A Cameron v Kurt Mueller (Uk) Ltd EAT/1205/00 18 Dec 2001 EAT His Honour Judge D M Levy QC Employment EAT Unfair Dismissal - Reason for Dismissal Â J A Cameron v Kurt Mueller (Uk) Ltd EAT/1205/00 18 Dec 2001 EAT His Honour Judge D M Levy Qc Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â Sema Group UK Plc v J Haddock EAT/0001/01 & EAT/0002/01 18 Dec 2001 EAT His Hon Judge Clark Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â S K Ganase v Kent Community Housing Trust UKEAT/1022/01 18 Dec 2001 EAT His Honour Judge Pugsley Employment EAT Practice and Procedure - Costs. [ EATn ] Â Kovacs v Queen Mary and Westfield College and Another [2001] EWCA Civ 2003 18 Dec 2001 CA Employment, Discrimination 1 Cites 1 Citers [ Bailii ] Â Ganase v Kent Community Housing Trust [2001] UKEAT 1022_01_1812 18 Dec 2001 EAT Employment [ Bailii ] Â Sema Group UK Plc v J Haddock EAT/0001/01 18 Dec 2001 EAT His Honour Judge Peter Clark Employment EAT Procedural Issues - Employment Appeal Tribunal 1 Cites Â Wollen v Schaffner Emc Ltd [2001] UKEAT 0938_01_1912 19 Dec 2001 EAT Employment [ Bailii ] Â Acorn Property Management and Residential Lettings v Weems [2001] UKEAT 1481_01_1912 19 Dec 2001 EAT Employment [ Bailii ] Â D'Souza v London Borough of Lambeth [2001] UKEAT 395_99_1912 19 Dec 2001 EAT Employment [ Bailii ] Â Phillip Pennant v IPC Magazines Limited Nigel Clout [2001] UKEAT 1308_00_2012 20 Dec 2001 EAT His Honour Judge Peter Clark Discrimination, Employment EAT Race Discrimination - Direct 1 Cites 1 Citers [ Bailii ] Â Pitney Bowes Management Services Ltd v H M French and others EAT0408/00 20 Dec 2001 EAT The Honourable Justice Maurice Kay Employment EAT Transfer of Undertakings - Transfer Â Pitney Bowes Management Services Ltd v H M French and others EAT0408/00 20 Dec 2001 EAT The Honourable Justice Maurice Kay Employment EAT Transfer of Undertakings - Transfer. [ EATn ] Â Commissioner of the Metropolitan Police v Mcginley [2001] UKEAT 574_00_2012 20 Dec 2001 EAT Employment [ Bailii ] Â Leeson v Makita Manufacturing Europe Ltd [2001] UKEAT 0911_00_2012 20 Dec 2001 EAT Employment [ Bailii ] Â C Walsh v Margaret McDonagh (on Her Own Behalf and on Behalfof All Other Members of the Labour Party) EAT/0631/00; [2001] UKEAT 0631_00_2012 20 Dec 2001 EAT His Honour Judge Peter Clark Employment EAT Procedural Issues - Employment Tribunal EAT Procedural Issues - Employment Tribunal. 1 Citers [ Bailii ] - [ EATn ] Â Dr H Platt, NHS Executive HQ, Department Of Health v R Chaudhary and Others, R Chaudhary and others EAT/1101/00; EAT/1100/00; [2001] UKEAT 1100_00_2012 20 Dec 2001 EAT His Honour Judge Peter Clark Employment, Discrimination, Health Professions The Authority and other respondents appealed a refusal to strike out the applicant's claim as an abuse of process, on the basis that other proceedings were current between the same parties at another tribunal. Abuse of process is distinct from cause of action estoppel, and issue estoppel, but has in common that litigation should be final and a party should not be twice vexed in the same matter. Held: The chairman was in error. A tribunal could add an amendment to a claim raising matters occurring after the claim had been issued despite earlier cases to the contrary. It was not clear that the matters raised in the new proceedings could properly be tried as part of the proceedings in the other tribunal, and accordingly the new proceedings were not an abuse of process. EAT Procedural Issues - Employment Tribunal 1 Cites [ Bailii ] Â Mitie Managed Services Ltd v H M French and others EAT/408/00 20 Dec 2001 EAT The Honourable Mr Justice Maurice Kay Employment EAT Jurisdiction - (no sub-topic). 1 Citers [ EATn ] Â General Council of the Bar v Miriki Times, 22 January 2002; [2001] EWCA Civ 1973; [2002] ICR 505 21 Dec 2001 CA Lord Justice Peter Gibson, Lady Justice Arden, And, Mr Justice Morland Discrimination, Employment The applicant claimed that the respondent Council had discriminated against her. After complicated applications, leave to appeal was granted on limited grounds, but on appeal the applicant had been allowed to extend that appeal. Held: An appeal tribunal might use its case management powers to allow limited departure from the permitted grounds of appeal, only provided the point had been raised before, he had explained why he did not appeal against the limitation, the respondent had full opportunity to argue against that departure, and the court explained its reasoning for allowing that departure. Those conditions had not been met in this case. Employment Tribunal Act 1996 30(3) - Employment Tribunals (Constitution and Rules of Procedure) Regulations 2001 1 Cites 1 Citers [ Bailii ] Â Chief Constable of Thames Valley Police v Mohammad Younas [2001] EWCA Civ 1936 21 Dec 2001 CA Employment, Police [ Bailii ] Â Professional Contractors' Group and Others v Commissioners of Inland Revenue Times, 14 January 2002; [2001] EWCA Civ 1945; [2002] STC 165 21 Dec 2001 CA Lord Justice Auld, Lord Justice Robert Walker, And, Lord Justice Dyson Income Tax, Employment, Company Legislation had been enacted to tax under Schedule E, people employed through one man service companies and similar. Representatives of such taxpayers sought review of the legislation as incompatible with European law being a hindrance to the freedom of movement of workers and also state aid. The law set to catch those who would be employees rather than self-employed but for the use of the limited company. Held: To constitute state aid, their must a an advantage created to an identifiable class of undertakings. A provision which appears discriminatory may not be so if it puts two groups on a more equal basis. There was no state aid. IR35 does not provide a particularly burdensome restriction on those wishing to work within the UK, save where the true character of the relationship was one of employment. Genuine self-employed activities will not be affected and a business of providing employee-like services will be taxed as if there was a real employment situation. Finance Act 2000 60 - Welfare Reform and Pensions Act 1999 75 76 - Social Security Contributions (Intermediaries) Regulations 2000 (2000 No 272) 1 Cites 1 Citers [ Bailii ] Â Â Stolt Offshore Ltd v Miklaszewicz; SCS 21-Dec-2001 - [2001] ScotCS 303; 2002 SLT 103; 2002 SCLR 455; 2002 SC 232; [2002] IRLR 344; 2002 GWD 1-42 Â
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Employment - From: 2001 To: 2001