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		Employment - From: 2002 To: 2002 This page lists 1919 cases, and was prepared on 02 April 2018. Â K J Fraher v London Borough of Barnet EAT/374/98 2002 EAT His Honour Judge J Altman Employment EAT Unfair Dismissal - Procedural Fairness Â Middlesborough Borough Council v TGWU [2002] IRLR 332 2002 EAT Judge Peter Clark Employment The EAT discussed the need to focus on the seriousness of the employer's default in complying with the mandatory obligation to consult employees before making redundancies: "The duties under the section are mandatory. It is not open to an employer, for this purpose, to argue, as would be open to him in defending a complaint of unfair dismissal by the individual employee, that consultation would, in the circumstances, be futile or utterly useless: see Polkey …." 1 Cites 1 Citers Â Newall v Ministry of Defence [2002] EWHC 1006 2002 Employment 1 Citers Â Â British Nursing Association v Inland Revenue (National Minimum Wage Compliance Team); CA 2002 - [2002] EWCA Civ 494; [2003] ICR 19; [2002] IRLR 480; [2002] Emp LR 668 Â Regina (on the application of Dorling) v Sheffield City Council (2) [2002] 486 2002 Goldring J Education, Employment The teacher had taken early retirement on sickness grounds, but said that he was not obliged to resign and the employer had said that the employment had automatically ended. 1 Citers Â Â Regina (on the application of Dorling) v Sheffield City Council and the Governing Body of Woodthorpe Primary School (1); 2002 - [2002] ELR 367 Â Torith Ltd v Stewart Duncan Robertson and 12 others EAT/604/99 2002 EAT The Honourable Lord Johnston Employment EAT Trade Union Rights - Â A R Chong v Marek and Co EAT/361/01 2002 EAT The Honourable Mr Justice Bell Employment EAT Unfair Dismissal - Compensation Â Torith Ltd v Stewart Duncan Robertson and 12 others EAT/604/99 2002 EAT The Honourable Lord Johnston Employment EAT Trade Union Rights - (no sub-topic). [ EATn ] Â S P Moxon v Ipsos-Rsl Ltd EAT/634/01 2002 EAT His Hon Judge J R Reid Qc Employment EAT Contract of Employment - Written particulars. [ EAT ] Â M A Norris and others v Brown and Root Ealing Technical Services Ltd EAT/386/00 2002 EAT The Honourable Mr Justice Maurice Kay Employment EAT Transfer of Undertakings - Dismissal. [ EAT ] Â United Care Homes Limited v R M Bennett EAT/1291/01 2002 EAT Mr Recorder Underhill Qc Employment EAT Unfair Dismissal - Other [ EATn ] Â A R Chong v Marek and Co EAT/361/01 2002 EAT The Honourable Mr Justice Bell Employment EAT Unfair Dismissal - Compensation. [ EATn ] Â P M Evans v Oakland Nursing Home Group Ltd EAT/331/99 2002 EAT The Honourable Mr Justice Lindsay (P) Employment EAT Unfair Dismissal - Other [ EAT ] Â K J Fraher v London Borough of Barnet EAT/374/98 2002 EAT His Honour Judge J Altman Employment EAT Unfair Dismissal - Procedural fairness/automatically unfair dismissal. [ EATn ] Â Eastwood v Magnox Electric plc [2002] IRLR 447; [2002] EWCA Civ 463 2002 CA Peter Gibson LJ Employment, Damages There was a claim for damages in respect of psychiatric injury said to result from a breach of the implied term of trust and confidence, which was asserted to be recoverable notwithstanding Johnson, on the basis that the acts of the employer complained of could be severed from the employer’s conduct leading to the dismissal, and thus found a claim. Held: The acts/conduct complained of could not be so severed. In Johnson the majority in the House of Lords held that unfairness in the manner of dismissal of an employee does not give rise to a common law action, whether it be founded in contract or in tort, but must be the subject of Employment Tribunal proceedings. The implied term of trust and confidence cannot be used in connection with the way the employer/employee relationship is terminated. There may be cases where the particular manner in which an employee is dismissed or the circumstances attending dismissal is or are confined to events occurring at the same time or immediately before the dismissal. In other cases that manner and those circumstances may include a pattern of events stretching back over a period. It is a question of fact for the trial judge to determine in each case. The claimant fell within the latter categor 1 Cites 1 Citers [ Bailii ] Â Mayor and Burgesses of the London Borough of Haringey v E Akpan EAT/974/00 2002 EAT The Honourable Mr Justice Lindsay Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â B Pinnington v the Governing Body Ysgol Crug Glas School, City and County of Swansea EAT/1500/00 2002 EAT His Hon Judge Wilkie Qc Employment EAT Jurisdiction - (no sub-topic). [ EAT ] Â Mayor and Burgesses of the London Borough of Haringey v E Akpan EAT/974/00 2002 EAT The Honourable Mr Justice Lindsay Employment EAT Procedural Issues - Employment Tribunal Â C Walsh v Margaret Mcdonagh (on Her Own Behalf and on Behalf of All Other Member of the Labour Party) EAT/631/00 2002 EAT His Hon Judge Clark Employment EAT Procedural Issues - Employment Tribunal. 1 Cites [ EAT ] Â Cantor Fitzgerald International v Bird and others [2002] IRLR 267 2002 Employment An employer may engage in conduct which is "out of order" without repudiating the contract, but repeated behaviour of that kind may be a different matter. The use of abusive language by an employer can undermine the relationship of trust and confidence with an employee. 1 Citers Â Pattihis v Jackson [2002] EWHC 2480 2002 Nelson J Employment The employer complained of the alleged misuse of property taken during the course of his employment by the defendant. 1 Citers Â Sajid v Sussex Muslim Society [2002] IRLR 113 2002 Employment It was not an abuse of process to seek to pursue an employment claim in the High Court where the claim begun in the tribunal was for breach of contract, unfair dismissal or redundancy, and the total amount of the claim might exceed the tribunal's financial limits for such awards. The claimant must make it clear that he would wish to rely upon the tribunal's findings in the High Court. A formal court order was made to show withdrawal of the claim. 1 Citers Â Warman International Ltd v Gwilson EAT/1383/00 7 Jan 2002 EAT Mr Recorder Langstaff Qc Employment EAT Contract of Employment - Breach of Contract. 1 Citers [ EATn ] Â Â Gee v Shell UK Ltd; EAT 14-Jan-2002 - [2002] UKEAT 484_00_1401; EAT/484/00 Â Read v Adams [2002] UKEAT 1389_01_1401 14 Jan 2002 EAT Employment [ Bailii ] Â F O Aqyovuare 2 London Borough of Greenwich v London Borough of Greenwich 2 F O Aqyovuare EAT/339/00; EAT/206/00 14 Jan 2002 EAT The Honourable Mr Justice Bell Employment EAT Unfair Dismissal - Other Â Hafejee v Leyton Sixth Form College [2002] UKEAT 947_01_1401 14 Jan 2002 EAT Employment [ Bailii ] Â Ayovuare v Greenwich [2002] UKEAT 0206_00_1401 14 Jan 2002 EAT Employment [ Bailii ] Â F O Aqyovuare 2 London Borough of Greenwich v London Borough of Greenwich 2 F O Aqyovuare EAT/206/00 & EAT/339/00 14 Jan 2002 EAT The Honourable Mr Justice Bell Employment EAT Unfair Dismissal - Other [ EATn ] Â Afolayan v Star Texaco Ltd and Another [2002] UKEAT 1088_00_1401 14 Jan 2002 EAT Employment [ Bailii ] Â Singh v Focus Housing Group and Another [2002] UKEAT 1175_00_1401 14 Jan 2002 EAT Employment [ Bailii ] Â Oderinde v Datapact Ltd EAT/611/00; [2002] UKEAT 0611_00_1401 14 Jan 2002 EAT His Hon Judge J R Reid QC Employment EAT Unfair Dismissal - Compensation 1 Cites [ Bailii ] - [ EAT ] Â Skidmore v Dartford and Gravesham NHS Trust Times, 18 January 2002; Gazette, 06 March 2002; [2002] EWCA Civ 18; (2003) 69 BMLR 13; [2002] ICR 403; [2002] Lloyd's Rep Med 299 15 Jan 2002 CA Lord Justice Aldous, Lord Justice Keene and Sir Christopher Slade Employment, Health Professions, Employment, Damages The appellant was a doctor accused of lying to a patient about the details of an operation. He appealed a decision dismissing him. Held: Such an allegation was an allegation of professional misconduct, and should have been dealt with as such, and not by way of dismissal and the employment tribunal system. Professional misconduct was defined in the section as 'Performance or behaviour of practitioners arising from the exercise of medical or dental skills' In the case of doubt it would normally be preferable for a Health authority to proceed on the basis that it was profession not personal misconduct. The reply was given as part of the performance of his professional duties. Department of Health Circular 90(9) 1 Cites 1 Citers [ Bailii ] Â D Hodgson, A Rudd v Ashworth Products Ltd EAT/1277/00 15 Jan 2002 EAT The Honourable Mr Justice Bell Employment EAT Transfer of Undertakings - Transfer. [ EATn ] Â Skidmore v Dartford and Gravesham NHS Trust Times, 18 January 2002; Gazette, 06 March 2002; [2002] EWCA Civ 18; (2003) 69 BMLR 13; [2002] ICR 403; [2002] Lloyd's Rep Med 299 15 Jan 2002 CA Lord Justice Aldous, Lord Justice Keene and Sir Christopher Slade Employment, Health Professions, Employment, Damages The appellant was a doctor accused of lying to a patient about the details of an operation. He appealed a decision dismissing him. Held: Such an allegation was an allegation of professional misconduct, and should have been dealt with as such, and not by way of dismissal and the employment tribunal system. Professional misconduct was defined in the section as 'Performance or behaviour of practitioners arising from the exercise of medical or dental skills' In the case of doubt it would normally be preferable for a Health authority to proceed on the basis that it was profession not personal misconduct. The reply was given as part of the performance of his professional duties. Department of Health Circular 90(9) 1 Cites 1 Citers [ Bailii ] Â Hodgson and Another v Ashworth Products Ltd [2002] UKEAT 1277_00_1501 15 Jan 2002 EAT Employment [ Bailii ] Â Lawal v Northern Spirit Ltd EAT/889/00 15 Jan 2002 EAT The Honourable Mr Justice Lindsay (President) Employment EAT Procedural Issues - Employment Appeal Tribunal. 1 Cites 1 Citers [ EAT ] Â Lawal v Northern Spirit Ltd EAT/889/00; [2002] UKEAT 889_00_1501 15 Jan 2002 EAT Employment 1 Cites 1 Citers [ Bailii ] Â Alstom Traction Ltd v Birkenhead and others [2002] UKEAT 1131_00_1501 15 Jan 2002 EAT Employment 1 Citers [ Bailii ] Â Sovereign Food Group Ltd v Cannings [2002] UKEAT 802_00_1501 15 Jan 2002 EAT Employment [ Bailii ] Â Home Shopping Network (UK) Ltd v Nixon and Another EAT/1256/00; [2002] UKEAT 1256_00_1601 16 Jan 2002 EAT Mr Recorder Burke QC Employment EAT Contract of Employment - Breach of Contract [ Bailii ] - [ EAT ] Â Marynowska and others v Relief Society for Poles Ltd [2002] UKEAT 1491_01_1601 16 Jan 2002 EAT Employment [ Bailii ] Â Miller Bros and F P Butler Ltd v Johnston EAT/407/01 16 Jan 2002 EAT Mr Recorder Langstaff Qc Employment EAT Jurisdiction [ EAT ] Â Pickersgill v Employment Service [2002] EWCA Civ 23 16 Jan 2002 CA Employment [ Bailii ] Â Lerica v British Telecommunications Plc and others [2002] UKEAT 1492_01_1601 16 Jan 2002 EAT Employment [ Bailii ] Â Caredda v London Goodenough Trust for Overseas Graduates [2002] UKEAT 0843_00_1601; EAT/0843/00 16 Jan 2002 EAT His Honour Judge D Pugsley Employment EAT Unfair Dismissal - Procedural fairness/automatically unfair dismissal. 1 Cites [ Bailii ] - [ EAT ] Â Ashford School and Another v Nixon and others [2002] UKEAT 666_00_1601; EAT/666/00 16 Jan 2002 EAT Walll J Employment EAT Transfer of Undertakings - Transfer. [ Bailii ] - [ EAT ] Â Hawwari v British Broadcasting Corporation EAT/0984/01; EAT/0983/01; [2002] UKEAT 0983_01_1601 16 Jan 2002 EAT Mr Commissioner Howell QC Employment EAT Procedural Issues - Employment Appeal Tribunal. 1 Cites [ Bailii ] - [ EAT ] Â Lancaster v Dek Printing Machines Ltd [2002] UKEAT 0961_01_1601 16 Jan 2002 EAT Employment 1 Cites [ Bailii ] Â Laidler v New College Durham [2002] EWCA Civ 38 17 Jan 2002 CA Personal Injury, Employment [ Bailii ] Â Troitskaya-Smith v Oxford Radcliffe Hospitals NHS Trust and others [2002] UKEAT 0840_01_1701 17 Jan 2002 EAT Employment [ Bailii ] Â Roballo Engineering Co Ltd v Wilson and Another [2002] UKEAT 1329_01_1701 17 Jan 2002 EAT Employment [ Bailii ] Â G R Pommell v Birmingham City Council and Another [2002] UKEAT 0847_01_1701 17 Jan 2002 EAT Employment 1 Cites [ Bailii ] Â Malik v Eaglesfield School [2002] UKEAT 1237_01_1801 18 Jan 2002 EAT Employment [ Bailii ] Â Walker v University Hospital Birmingham NHS Trust [2002] UKEAT 108_01_1801 18 Jan 2002 EAT Employment [ Bailii ] Â Smart v John Mcaslan and Partners Ltd [2002] UKEAT 796_01_1801 18 Jan 2002 EAT Employment [ Bailii ] Â Rhoden-Burke v Lambeth and Another [2002] UKEAT 1482_01_1801 18 Jan 2002 EAT Employment [ Bailii ] Â Patel v Texaco Ltd [2002] UKEAT 345_01_1801 18 Jan 2002 EAT Employment [ Bailii ] Â Newell v Tesco Stores Ltd [2002] UKEAT 945_01_1801 18 Jan 2002 EAT Employment [ Bailii ] Â Neckles v Yorkshire Rider Ltd (T/A First Huddersfield) [2002] UKEAT 1267_01_1801 18 Jan 2002 EAT Pugsley J Employment [ Bailii ] Â Esso Petroleum Company v Jarvis and others [2002] UKEAT 0831_00_1801 18 Jan 2002 EAT Employment [ Bailii ] Â Gbokoyi v Bennett's Eco-Inverter (Environmental Services) Ltd EAT/1282/00 18 Jan 2002 EAT Mr Recorder Burke QC Employment EAT Unfair Dismissal - Reason for Dismissal Â Gbokoyi v Bennett's Eco-Inverter (Environmental Services) Ltd [2002] UKEAT 1282_00_1801; EAT/1282/00 18 Jan 2002 EAT Mr Recorder Burke QC Employment, Discrimination The claimant appealed against dismissal of her unfair dismissal and of her maternity related discrimination claim. Held: The appeal succeeded: "it does not appear that the tribunal gave any separate consideration to whether the pregnancy was an effective cause of the adverse treatment of Mrs Gbokoyi and, insofar as it relied on the reasons which it had set out for rejecting the unfair dismissal claim, those reasons were flawed." 1 Cites [ Bailii ] - [ EAT ] Â Barrett v Dickson Manchester and Co Ltd [2002] UKEAT 1386_01_1801 18 Jan 2002 EAT Employment [ Bailii ] Â Â United Fish Industries (UK) Ltd v Herbert; EAT 18-Jan-2002 - EAT/792/01; EAT/226/01; [2002] UKEAT 226_01_0905 Â J Featherstone v St Helens Metropolitan Borough Council and Another [2002] UKEAT 1380_01_1801 18 Jan 2002 EAT Employment [ Bailii ] Â Â Racal Services (Communications) Ltd (Formerly Racaltelecommunictions Ltd) v A L Flockhart; EAT 18-Jan-2002 - EAT/701/00; [2002] UKEAT 701_00_1801 Â Lea Fitzmaurice v SBJ Stephenson Limited EAT/533/02 19 Jan 2002 EAT His Hon Judge D M Levy Qc Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â H Amaechi v Liverpool City Council EAT/0448/00 21 Jan 2002 EAT Mr Commissioner Howell Qc Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â Anucha v Islington [2002] UKEAT 0995_01_2101 21 Jan 2002 EAT Employment [ Bailii ] Â J Logan v The Commissioners of Custom and Excise EAT/686/00 21 Jan 2002 EAT Mr Recorder Burke QC Employment EAT Procedural Issues - Employment Appeal Tribunal 1 Cites 1 Citers Â Bhadhuri v Doncaster Metropolitan Borough Council [2002] UKEAT 986_01_2101 21 Jan 2002 EAT Employment [ Bailii ] Â Strachan v Ealing [2002] UKEAT 979_01_2101 21 Jan 2002 EAT Employment [ Bailii ] Â Butcher v Salvage Association [2002] UKEAT 988_01_2101 21 Jan 2002 EAT Employment 1 Citers [ Bailii ] Â Ms J Logan v the Commissioners of Custom and Excise EAT/686/00 21 Jan 2002 EAT Mr Recorder Burke Qc Employment EAT Procedural Issues - Employment Appeal Tribunal. [ EATn ] Â Nayler v NHS Information Authority [2002] UKEAT 886_01_2101 21 Jan 2002 EAT Employment [ Bailii ] Â Nayler v NHS Information Authority [2002] UKEAT 763_01_2101 21 Jan 2002 EAT Employment [ Bailii ] Â Iqbal v Commissioner of Police for the Metropolis and Another [2002] UKEAT 1300_01_2101 21 Jan 2002 EAT Employment [ Bailii ] Â Amaechi v Liverpool City Council [2002] UKEAT 0488_00_2101 21 Jan 2002 EAT Employment [ Bailii ] Â Pedigree Masterfood A Division of Mars UK Ltd v D Prince EAT/557/01 21 Jan 2002 EAT Mr Commissioner Howell QC Employment EAT Procedural Issues - Employment Tribunal 1 Citers [ EATn ] Â H Amaechi v Liverpool City Council EAT/0448/00 21 Jan 2002 EAT Mr Commissioner Howell QC Employment EAT Unfair Dismissal - Reason for Dismissal Â Ockerby and Another v Greater Manchester Police [2002] UKEAT 0911_01_2201 22 Jan 2002 EAT Employment [ Bailii ] Â List Design Group Ltd v N J Catley EAT/0481/01; EAT/0966/00 22 Jan 2002 EAT The Honourable Mr Justice Bell Employment EAT Procedural Issues - Employment Tribunal Â HM Prison Service v Gundill [2002] UKEAT 1375_00_2201; EAT/1375/00 22 Jan 2002 EAT Mr Recorder Burke QC Employment EAT Unfair Dismissal - Compensation. 1 Cites [ Bailii ] - [ EATn ] Â Dhedhi v United Lincolnshire Hospitals NHS Trust [2002] UKEAT 1303_01_2201 22 Jan 2002 EAT His Honour Judge Ansell Employment The Employment Tribunal had decided that a Polkey discount was to be made. At a subsequent remedies and review hearing, the Tribunal allowed the appellant to re-open that issue and having heard evidence, the Tribunal altered the percentage Polkey discount in favour of the appellant. Held: There was no suggestion in the original decision that either representative had any difficulty dealing with the issue of the Polkey discount. It was clear from the detailed reasons that the Tribunal had fully explored all the facts of the case relevant to the Polkey discount. 1 Citers [ Bailii ] Â The Silver Fund Investment.Com Ltd v James [2002] UKEAT 1169_01_2201 22 Jan 2002 EAT Employment [ Bailii ] Â List Design Group Ltd vH Douglas and others and Mr N J Catley EAT/481/01; EAT/966/00 22 Jan 2002 EAT The Honourable Mr Justice Bell Employment EAT Jurisdiction - Â Holmesdale Park Ltd v Kamaluddin [2002] UKEAT 1272_98_2201 22 Jan 2002 EAT Employment [ Bailii ] Â Bridgend Borough Council v Sutton [2002] UKEAT 1023_01_2201 22 Jan 2002 EAT Employment 1 Cites [ Bailii ] Â Ali v Iss Servisystem Ltd [2002] UKEAT 0889_01_2201 22 Jan 2002 EAT Employment [ Bailii ] Â List Design Group Ltd v Douglas and others [2002] UKEAT 0966_00_2201 22 Jan 2002 EAT Employment [ Bailii ] Â I Ali v Iss Servisystems Ltd EAT/889/01 22 Jan 2002 EAT Mr Recorder Langstaff QC Employment EAT Procedural Issues - Employment Tribunal Â Longley v Royal National Institute for the Blind [2002] UKEAT 1357_01_2201 22 Jan 2002 EAT Employment [ Bailii ] Â Conseil national de l'ordre des architectes v Nicolas Dreessen C-31/00; [2002] EUECJ C-31/00 22 Jan 2002 ECJ European, Employment Europa Reference for a preliminary ruling: Cour de cassation - Belgium. Reference for a preliminary ruling - Articles 10 EC and 43 EC - National legislation restricting access to the profession of architect to the possession of a diploma or professional qualification - Community national holding a diploma not listed in Directive 85/384/EEC - Obligation on the host Member State when presented with an application to practise the profession of architect on its territory to make a comparison between the specialised knowledge and abilities certified by the diploma and the experience acquired, and the qualifications required by its national legislation. Council Directive 85/384/EEC 1 Citers [ Bailii ] Â Holmesdale Park Ltd v Kamaluddin [2002] UKEAT 1272_98_2201 22 Jan 2002 EAT Employment [ Bailii ] Â List Design Group Ltd v N J Catley EAT/0966/00 & EAT/0481/01 22 Jan 2002 EAT The Honourable Mr Justice Bell Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â Eat/0966/01& Eat/481/01 List Design Group Ltd v Eat/0966/01 H Douglas and others and Eat/0481/01 N J Catley EAT/966/00 & EAT/481/01 22 Jan 2002 EAT The Honourable Mr Justice Bell Employment EAT Jurisdiction - (no sub-topic). [ EATn ] Â Thomas v Ewar Stud Farms, the Lord Tryon EAT/934/01 22 Jan 2002 EAT The Honourable Lord Johnston Employment EAT Transfer of Undertakings - Transfer. [ EATn ] Â George O'Connor v Fife Council EAT/956/01 22 Jan 2002 EAT The Honourable Lord Johnston Employment EAT Contract of Employment - Written particulars. [ EATn ] Â Holmesdale Park Ltd v M Kamaluddin EAT/1272/98 22 Jan 2002 EAT Mr Recorder Burke Qc Employment EAT Contract of Employment - Breach of Contract. [ EATn ] Â List Design Group Ltd v H Douglas, A J Strickland, H J Fry, K M Faulkner EAT/0966/00 22 Jan 2002 EAT The Honourable Mr Justice Bell Employment EAT Unlawful Deduction from Wages [ EAT ] Â I Ali v Iss Servisystems Ltd EAT/889/01 22 Jan 2002 EAT Mr Recorder Langstaff Qc Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â Dogstar Leisure Ltd v Perez [2002] UKEAT 1038_01_2301 23 Jan 2002 EAT Employment [ Bailii ] Â M M McNiffe v Redcar and Cleveland Borough Council EAT/1273/00 23 Jan 2002 EAT The Honourable Mr Justice Lindsay (P) Employment EAT Unfair Dismissal - Other Â Chong v Marek and Co [2002] UKEAT 361_01_2301 23 Jan 2002 EAT Employment [ Bailii ] Â Lynx Press Ltd v Morgan and Another [2002] UKEAT 0830_01_2301 23 Jan 2002 EAT Employment [ Bailii ] Â A Dingle v Civil Service Pensions EAT/1311/97 23 Jan 2002 EAT The Honourable Mr Justice Bell Employment EAT Time Limits - Â Ms M M Mcniffe v Redcar and Cleveland Borough Council EAT/1273/00 23 Jan 2002 EAT The Honourable Mr Justice Lindsay (P) Employment EAT Unfair Dismissal - Other [ EATn ] Â A Dingle v Civil Service Pensions EAT/1311/97 23 Jan 2002 EAT The Honourable Mr Justice Bell Employment EAT Time Limits - (no sub-topic). [ EATn ] Â A v B [2002] UKEAT 0763_01_2301 23 Jan 2002 EAT Langstaff QC Employment The claimant appealed against the decision of the tribunal on the basis that in its remarks it had shown bias. The tribunal had read the papers which would stand as evidence in chief, and then expressed a view, and given a costs warning. The appellant argued that they had gone over the line. Held: Langstaff QC said: "taken at the highest, the remarks were a strong indication of the way the Tribunal's mind was moving. But we note that repeatedly there are indications that the Tribunal's mind was not closed, in the sense of finally made up, and we do not think that any court could see the line drawn in such position." No concluded view had been expressed. The appeal was dismissed. 1 Cites [ Bailii ] Â Kotecha v Combined Insurance Company America and Another [2002] UKEAT 0999_01_2301 23 Jan 2002 EAT Employment [ Bailii ] Â Samuel Mackay v South Lanarkshire Council EAT/981/01 23 Jan 2002 EAT The Honourable Lord Johnston Employment EAT Unlawful Deduction from Wages - (no sub-topic). [ EATn ] Â Mcniffe v Redcar and Cleveland Borough Council [2002] UKEAT 1273_00_2301 23 Jan 2002 EAT Employment [ Bailii ] Â SGB Services Plc T/A SGB Contracts v Terence Renshaw and 3 Others EAT/966/01 23 Jan 2002 EAT The Honourable Lord Johnston Employment EAT Redundancy - Fairness [ EAT ] Â Plimley v Newcastle College [2002] UKEAT 1008_01_2301 23 Jan 2002 EAT Employment [ Bailii ] Â Kotecha v Insurety Plc and others [2002] UKEAT 969_01_2401 24 Jan 2002 EAT Employment [ Bailii ] Â Wilson v Ross Civil Engineering and Another [2002] NIIT 1317_02 24 Jan 2002 NIIT Northern Ireland, Employment [ Bailii ] Â Power v Panasonic UK Ltd [2002] UKEAT 0747_01_2401 24 Jan 2002 EAT Employment 1 Citers [ Bailii ] Â Hong v Abbey Coachworks Ltd [2002] UKEAT 976_01_2401 24 Jan 2002 EAT Employment [ Bailii ] Â United Distillers and Vintners v John Campbell Young EAT/693/01 24 Jan 2002 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â Poupart Ltd v J Hounsell and others R Thakrar T/A Poupart Fruit and Vegetable Market EAT/712/01 24 Jan 2002 EAT Mr Recorder Burke QC Employment EAT Unlawful Deduction from Wages - Â Ealing v Rihal [2002] UKEAT 0987_01_2401 24 Jan 2002 EAT Employment [ Bailii ] Â Brothers of Charity Services Merseyside v Eleady-Cole [2002] UKEAT 0661_00_2401 24 Jan 2002 EAT Employment [ Bailii ] Â The Brothers of Charity Services Merseyside v G Eleady-Cole EAT/661/00 24 Jan 2002 EAT Mr Commissioner Howell QC Employment EAT Unfair Dismissal - Other Â The Brothers of Charity Services Merseyside v G Eleady-Cole EAT/0661/00 24 Jan 2002 EAT Mr Commissioner Howell QC Employment EAT Unfair Dismissal - Reason for Dismissal Â the Brothers of Charity Services Merseyside v G Eleady-Cole EAT/0661/00 24 Jan 2002 EAT Mr Commissioner Howell Qc Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â Poupart Ltd v J Hounsell and Others, R Thakrar T/A Poupart Fruit and Vegetable Market EAT/712/01 24 Jan 2002 EAT Mr Recorder Burke Qc Employment EAT Unlawful Deduction from Wages - (no sub-topic). [ EATn ] Â the Brothers of Charity Services Merseyside v G Eleady-Cole EAT/661/00 24 Jan 2002 EAT Mr Commissioner Howell Qc Employment EAT Unfair Dismissal - Other [ EATn ] Â Initial Transport Services v William S Laidlaw EAT/998/01 24 Jan 2002 EAT The Honourable Lord Johnston Employment EAT Transfer of Undertakings - Transfer. [ EATn ] Â Sigismund v HSBC Holdings Plc [2002] UKEAT 1373_01_2501 25 Jan 2002 EAT Employment [ Bailii ] Â Brooks v Smith Corona (Uk) Ltd Direct Sales Ltd 2000 Limited [2002] UKEAT 486_00_2501 25 Jan 2002 EAT Employment [ Bailii ] Â Warman International Ltd v Wilson EAT/1383/00 25 Jan 2002 EAT Mr Recorder Langstaff Qc Employment EAT Contract of Employment - Breach of Contract. 1 Cites 1 Citers [ EAT ] Â Gould v Kemp and Co [2002] UKEAT 578_00_2501 25 Jan 2002 EAT Employment [ Bailii ] Â J K Bradbury v M Wright T/A Wrights of Hatfield EAT/1302/00 25 Jan 2002 EAT Mr Recorder Langstaff Qc Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â Sommerville-Cotton v Barclays Capital Services Ltd EAT/372/00; [2002] UKEAT 372_00_2501 25 Jan 2002 EAT The Honourable Mr Justice Wall Discrimination, Employment EAT Sex Discrimination - Direct 1 Cites [ Bailii ] - [ EAT ] Â Bovensiepen and others (T/A Thornton Hill Retirement and Cromwells Nursing Homes) v Bulcock [2002] UKEAT 1263_01_2501 25 Jan 2002 EAT Employment [ Bailii ] Â Bradbury v M Wright (T/A Wrights of Hatfield) [2002] UKEAT 1302_00_2501 25 Jan 2002 EAT Employment [ Bailii ] Â J K Bradbury v M Wright T/A Wrights of Hatfield EAT/1302/00 25 Jan 2002 EAT Mr Recorder Langstaff QC Employment EAT Procedural Issues - Employment Tribunal Â Fishley v BMI Healthcare Ltd (T/A the Garden Hospital) [2002] UKEAT 1479_01_2501 25 Jan 2002 EAT Employment [ Bailii ] Â Colin Charles Everard v Raytheon Systems Ltd EAT/1034/01 25 Jan 2002 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Compensation. [ EATn ] Â Osunbayo v Connex Southeastern Ltd [2002] UKEAT 0653_01_2601 26 Jan 2002 EAT Employment [ Bailii ] Â Byrne v Taylors Civil Engineering Ltd [2002] NIIT 976_02 27 Jan 2002 NIIT Northern Ireland, Employment [ Bailii ] Â White v Taylors Civil Engineering Ltd [2002] NIIT 1008_02 27 Jan 2002 NIIT Northern Ireland, Employment [ Bailii ] Â Bernard v Abbey National Plc [2002] UKEAT 0353_01_2801 28 Jan 2002 EAT Employment [ Bailii ] Â Baker v Play Plus Croydon Ltd [2002] UKEAT 1041_01_2801 28 Jan 2002 EAT Employment [ Bailii ] Â Ilangarante v Bma and others [2002] UKEAT 1025_01_2801 28 Jan 2002 EAT Employment [ Bailii ] Â M C Wood v Roger Albert Need T/A Investigations Bureau EAT/1230/01 28 Jan 2002 EAT Mr Commissioner Howell Qc Employment EAT Contract of Employment - Definition of employee. [ EATn ] Â B A Lindsay v General Contracting Ltd T/A Pik A Pak Home Electrical EAT/1096/00 & EAT/1126/00 28 Jan 2002 EAT The Honourable Mr Justice Maurice Kay Employment EAT Unfair Dismissal - Compensation. [ EATn ] Â Wood v Need (T/A A1 Investigations Bureau) [2002] UKEAT 1230_01_2801 28 Jan 2002 EAT Employment [ Bailii ] Â Billany v Knutsford Conservative Club [2002] UKEAT 1313_00_2801 28 Jan 2002 EAT Employment [ Bailii ] Â B A Lindsay v General Contracting Ltd T/A Pik A Pak Homeelectrical EAT/1126/00; EAT/1096/00 28 Jan 2002 EAT The Honourable Mr Justice Maurice Kay Employment EAT Unfair Dismissal - Compensation Â M C Wood v Roger Albert Need T/A Investigations Bureau EAT/1230/01 28 Jan 2002 EAT Mr Commissioner Howell QC Employment EAT Contract of Employment - Definition of Employee Â D Billany v Knutsford Convervative Club EAT/1313/00 28 Jan 2002 EAT Mr Recorder Langstaff QC Employment EAT Procedural Issues - Employment Appeal Tribunal Â Chapman v Hume [2002] UKEAT 1016_01_2801 28 Jan 2002 EAT Employment [ Bailii ] Â Ford Motor Company v Carr [2002] UKEAT 1052_99_2801 28 Jan 2002 EAT Employment [ Bailii ] Â D Billany v Knutsford Convervative Club EAT/1313/00 28 Jan 2002 EAT Mr Recorder Langstaff Qc Employment EAT Procedural Issues - Employment Appeal Tribunal. [ EATn ] Â Krupp Camford Pressings Ltd v Williams [2002] UKEAT 1452_00_2901 29 Jan 2002 EAT Employment [ Bailii ] Â Bachnak v Emerging Markets Partnership (Europe) Ltd [2002] UKEAT 1021_01_2901 29 Jan 2002 EAT Commissioner Howell QC Employment Acceptance that case to go forward to full appeal. It was arguable that: "in the way set out its Extended Reasons [the tribunal] misdirected itself in law, in not holding that the terms and conditions of fixed term employment were, on their true construction and effect, a contract of employment between the Applicant and the Respondent." 1 Citers [ Bailii ] Â Klargester Environmental Ltd v Golding [2002] UKEAT 1418_00_2901 29 Jan 2002 EAT Employment [ Bailii ] Â Krupp Camford Pressing Ltd v R G Williams EAT/1452/00 & EAT/397/01 29 Jan 2002 EAT The Honourable Mr Justice Bell Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â Liggins v Thameslink Rail Ltd [2002] EAT 1340_00_0312 29 Jan 2002 EAT Employment [ Bailii ] Â Krupp Camford Pressing Ltd v R G Williams EAT/397/01; EAT/1452/00 29 Jan 2002 EAT The Honourable Mr Justice Bell Employment EAT Unfair Dismissal - Reason for Dismissal Â Klargester Environmental Ltd v R H Golding EAT/1418/00 29 Jan 2002 EAT Mr Commissioner Howell QC Employment EAT Procedural Issues - Employment Tribunal Â Klargester Environmental Ltd v R H Golding EAT/1418/00 29 Jan 2002 EAT Mr Commissioner Howell Qc Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â Bold v Business Location Services Ltd [2002] UKEAT Appeal No. EAT_09 30 Jan 2002 EAT Employment [ Bailii ] Â Lanware Ltd v Painter [2002] UKEAT 122_01_3001 30 Jan 2002 EAT Employment [ Bailii ] Â The Premium Cream Co Ltd v K Parsons EAT/1355/99; EAT/225/99 30 Jan 2002 EAT The Honourable Mr Justice Charles Employment, Discrimination EAT Sex Discrimination The employer appealed a finding of sex discrimination. The court criticised severely the way that the two firms of solicitors had failed to work together to put the real issues before the court. It was wrong for a party to seek to withhold documents which were relevant to the issues before the court. The behaviour of the parties had led to comments from the tribunal which in turn led to allegations of bias. Held: The allegation of bias was not well founded and failed. Tribunals must be careful about settlement discussions held in private. Sex Discrimination Act 1975 1(1)(a) 6(2)(b) - Employment Tribunals (Constitution and Rules of Procedure) Regulations 1993 Sch 1 Â Flowers Direct (Worldwide) Ltd (T/A Flowerworld) v Morrison [2002] UKEAT 0777_01_3001 30 Jan 2002 EAT Employment [ Bailii ] Â G W Bold v Business Location Services Ltd EAT/0925/00 30 Jan 2002 EAT Mr Recorder Langstaff Qc Employment EAT Contract of Employment - Breach of Contract. [ EATn ] Â King v University Court of the University of St Andrews [2002] ScotCS 28; [2002] IRLR 252 30 Jan 2002 SCS Lady Smith Scotland, Employment The University had employed the pursuer on terms that it was entitled "for good cause shown to terminate the appointment of the employee by giving three months' notice in writing". He claimed on two bases, first, a breach of the alleged express term not to terminate his employment except on good cause shown, and, secondly, a breach of an alleged implied term of trust and confidence consisting in an alleged failure to act fairly and reasonably in investigating whether good cause was shown. The issue before Lady Smith concerned the second basis of claim. Held: She distinguished Johnson on the basis that the University was only entitled to terminate the claimant's appointment by three months' notice "for good cause shown", and she held that this involved the implication that there should, before any dismissal, be a prior hearing and investigation, fairly conducted in accordance with a mutual duty of trust and confidence. If before dismissal, whether actual or constructive, an employee has acquired a cause of action at law, for breach of contract or otherwise, that cause of action survives his subsequent unfair dismissal. 1 Cites 1 Citers [ ScotC ] - [ Bailii ] Â Elizabeth Marshall v Law Centres Federation 30 Jan 2002 EAT The Honourable Mr Justice Maurice Kay Employment, Discrimination The appellant solicitor had been employed by the respondent. They wrote to dismiss her, after failing to obtain funding. She issued proceedings on the basis that she had been victimised after giving evidence for a co-worker in other proceedings against the Federation. The tribunal, having found the lack of funding proved, considered that to be the reason for the dismissal, and found against her. The Tribunal asserted it had used its case management powers. Held: The tribunal had erred in splitting the issues, and effectively failing to consider the applicant's case. Case remitted for re-hearing. Race Relations Act 1976 - Sex Discrimination Act 1975 Â G W Bold v Business Location Services Ltd EAT/0925/00 30 Jan 2002 EAT Mr Recorder Langstaff QC Employment EAT Contract of Employment - Breach of Contract Â Abegaze v Croydon College and others [2002] UKEAT 0848_01_3001 30 Jan 2002 EAT Employment [ Bailii ] Â v A Davoren v London Fire Protection Services EAT/1433/00 31 Jan 2002 EAT Mr Recorder Burke Qc Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â Best Ltd v Ward [2002] UKEAT 1319_01_3101 31 Jan 2002 EAT Employment [ Bailii ] Â K G Gooden v Ritz Country 1035 Ltd EAT/1469/00 31 Jan 2002 EAT Mr Recorder Burke Qc Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â Asprilla v C S Group Ltd [2002] UKEAT 1274_01_3101 31 Jan 2002 EAT Employment [ Bailii ] Â Harris Da Silva and A Christodoulou v M Wallis EAT/703/00 & EAT/704/00 31 Jan 2002 EAT The Honourable Mr Justice Burton Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â K G Gooden v Ritz Country 1035 Ltd EAT/1469/00 31 Jan 2002 EAT Mr Recorder Burke QC Employment EAT Procedural Issues - Employment Tribunal Â Da Silva and Another v Wallis [2002] UKEAT 0703_00_3101 31 Jan 2002 EAT Employment [ Bailii ] Â Davoren v London Fire Protection Services [2002] UKEAT 1433_00_3101 31 Jan 2002 EAT Employment [ Bailii ] Â Gooden v Ritz Country 1035 Ltd [2002] UKEAT 1469_00_3101 31 Jan 2002 EAT Employment [ Bailii ] Â Harris Da Silva and A Christodoulou v M Wallis EAT/704/00; EAT/703/00 31 Jan 2002 EAT The Honourable Mr Justice Burton Employment EAT Procedural Issues - Employment Tribunal Â V A Davoren v London Fire Protection Services EAT/1433/00 31 Jan 2002 EAT Mr Recorder Burke QC Employment EAT Procedural Issues - Employment Tribunal Â Wray (T/A Truck Spray Northern) v Whitfield [2002] UKEAT 1130_01_3101 31 Jan 2002 EAT Employment [ Bailii ] Â Adebowale v Albiz Security Ltd EAT/0731/00; [2002] UKEAT 0731_00_3101 31 Jan 2002 EAT Mr Recorder Langstaff QC Employment EAT Procedural Issues - Employment Tribunal [ Bailii ] - [ EATn ] Â Bank of Credit and Commerce International SA (in liquidation) v Ali and Others (No 4) Times, 15 February 2002 31 Jan 2002 CA Lord Justice Pill, Lord Justice Robert Walker and Lord Justice Jonathan Parker Employment, Damages Â Husain and Zafar v Bank of Credit and Commerce International SA [2002] EWCA Civ 82; [2002] 3 All ER 750; [2002] ICR 1258; [2002] IRLR 460; [2002] Emp LR 406; A3/2001/9016/CHANF 31 Jan 2002 CA Lord Justice Pill, Lord Justice Robert Walker, And, Lord Justice Jonathan Parker Damages, Employment, Contract, Torts - Other The appellants challenged the refusal of their claims for stigma damages following the collapse of their former employer. Held: If a relevant breach of contract is established, and causation, remoteness and mitigation are satisfied, recovery of financial loss in respect of damage to reputation in employment cases is not excluded. Nevertheless, it will be difficult to prove. The claim was the same whether in tort or in contract. The judge had excluded certain evidence as to the damages suffered. The onus of proving causation lies on the plaintiff. The particular claimants in this case had failed to establish their case. It was not necessary to call similar the evidence sought to be admitted. To require it would exclude many proper claims. 1 Cites [ Bailii ] Â Robinson v Highswan Associates (T/A the Republic Night-Club) and others [2002] UKEAT 1020_01_3101 31 Jan 2002 EAT Employment [ Bailii ] Â Asco General Supplies Ltd v Jackson and Another [2002] UKEAT 623_01_0102 1 Feb 2002 EAT Employment [ Bailii ] Â Madamidola v West London Mental Health NHS Trust [2002] UKEAT 1064_01_0102 1 Feb 2002 EAT Employment [ Bailii ] Â Jenkins v Torside Ltd and others [2002] UKEAT 1032_01_0102 1 Feb 2002 EAT Employment [ Bailii ] Â Accolade Building Services Ltd v Gardiner [2002] UKEAT 1396_01_0102 1 Feb 2002 EAT Employment [ Bailii ] Â Ward v Kelvin Media Productions [2002] UKEAT 1398_01_0102 1 Feb 2002 EAT Employment [ Bailii ] Â Onwa Electronics (UK) Ltd v Jenkyns and others [2002] UKEAT 1242_01_0102 1 Feb 2002 EAT Employment [ Bailii ] Â Ritchie and Another v Associated Co-Operative Creameries and Another [2002] NIIT 10 3 Feb 2002 NIIT Employment Unfair Dismissal 1 Cites [ Bailii ] Â Johnson v Shell International Trading and Shipping Co Ltd [2002] UKEAT 1045_01_0402 4 Feb 2002 EAT Employment [ Bailii ] Â Natfhe and others v Halkiopoulos [2002] UKEAT 130_02_0402 4 Feb 2002 EAT Employment [ Bailii ] Â M Y Cartons Ltd v Pardey [2002] UKEAT 555_01_0402 4 Feb 2002 EAT Employment [ Bailii ] Â Rana v London Clinic [2002] UKEAT 797_01_0402 4 Feb 2002 EAT Employment [ Bailii ] Â Morrison v Document Bureau Ltd [2002] UKEAT 493_01_0402 4 Feb 2002 EAT Employment [ Bailii ] Â Deman v Association of University Teachers and others EAT/746/99 5 Feb 2002 EAT The Honourable Mr Justice Lindsay (P) Discrimination, Employment EAT Race Discrimination - Inferring Discrimination EAT Race Discrimination - Inferring discrimination. 1 Cites 1 Citers [ EAT ] Â Manchester City Council v Thurston [2002] UKEAT 0418_00_0502 5 Feb 2002 EAT Employment [ Bailii ] Â Thurstan Hoskin and Partners v Jewill Hill and Bennett (A Firm) and others [2002] EWCA Civ 249 5 Feb 2002 CA Employment, Contract 1 Cites [ Bailii ] Â Johns v Elm Park School [2002] UKEAT 0578_02_0502 5 Feb 2002 EAT Employment [ Bailii ] Â Jackson, Regina (on the Application of) v Parliamentary Ombudsman [2002] EWCA Civ 120 5 Feb 2002 CA Latham LJ Employment Request for leave to appeal against refusal for permission to apply for judicial review of the respondents refusal to investigate the claimant's complaint. [ Bailii ] Â Jones v Kent County Council [2002] UKEAT 1051_01_0602 6 Feb 2002 EAT Employment 1 Cites 1 Citers [ Bailii ] Â Commissioners of Inland Revenue and Cleave CB v Morgan EAT/851/99; [2002] UKEAT 851_99_0602; [2002] IRLR 776 6 Feb 2002 EAT The Honourable Mr Justice Lindsay (President) Discrimination, Employment EAT Race Discrimination - Direct 1 Cites 1 Citers [ Bailii ] - [ EATn ] Â Wainwright v M S A (Britain) Ltd [2002] UKEAT 1054_01_0602 6 Feb 2002 EAT Employment [ Bailii ] Â Rotherham Reboring Service Ltd v Maycock EAT/1054/00; [2002] UKEAT 1054_00_0602 6 Feb 2002 EAT His Honour Judge Wilkie QC Employment EAT Procedural Issues - Employment Appeal Tribunal EAT Unfair Dismissal - Compensation. [ Bailii ] - [ EAT ] Â Beckford v Secretary of State for Education and Employment [2002] UKEAT 1071_01_0602 6 Feb 2002 EAT Employment [ Bailii ] Â Â Whittaker v P and D Watson T/A P and M Watson Haulage, the Department of Education and Employment; EAT 7-Feb-2002 - EAT/157/01 Â Reza v General Medical Council [2002] UKEAT 320_01_0702 7 Feb 2002 EAT Employment [ Bailii ] Â Ali and Another v Triesman (McDonagh) Times, 11 March 2002; [2002] EWCA Civ 93; [2002] ICR 1026 7 Feb 2002 CA Lord Justice Peter Gibson, Lord Justice Mantell and Lady Justice Arden Discrimination, Employment The applicants sought selection as candidates for the Labour Party. The respondent asserted that such issues were not ones of employment, and therefore not covered by the Act, and appealed a finding of the EAT against them. Held: Sawyer was wrongly decided. The party, when selecting candidates for local elections or allowing nomination to the pool from which candidates were to be selected, was not a body conferring an authorisation or qualification needed for or facilitating engagement in a profession. For section 20(1), the question was whether members of the party were a section of the public. They were not. Section 25 applied to the party. Race Relations Act 1976 12(1)(c) 20(1) 25 1 Cites 1 Citers [ Bailii ] Â Whittaker v Watson (T/A P and M Watson Haulage) and Another [2002] UKEAT 157_01_0702 7 Feb 2002 EAT Employment [ Bailii ] Â Lawal v Foster AEB Chesterfield Law Centre [2002] EWCA Civ 144 7 Feb 2002 CA Employment [ Bailii ] Â Williams v Hm Prison Service [2002] UKEAT 1236_00_0702 7 Feb 2002 EAT Employment [ Bailii ] Â G E Whittaker v P and D Watson T/A P and M Watson Haulage Thedepartment of Education and Employment Times, 26 March 2002; EAT/157/01 7 Feb 2002 EAT The Honourable Mr Justice Lindsay (President) Discrimination, Human Rights, Employment A party sought from the EAT a declaration as to incompatibility of the exemption of small firms from the provisions of the Disability Discrimination Act. The industrial tribunal had said it was not a court entitling it to consider such an application. He appealed. Held: Neither the ET nor EAT were courts within the section, and the case must go on to the High Court before the point could be considered. Though this might be puzzling, it remained clear. In future such cases might be dealt with in a way which would expedite the process. EAT Jurisdiction Human Rights Act 1998 4(5) Â Andrews v Metal Castings Ltd [2002] UKEAT 1336_00_0702 7 Feb 2002 EAT Employment [ Bailii ] Â Board v Superdrug Stores Plc EAT/1230/00; [2002] UKEAT 1230_00_0802 8 Feb 2002 EAT Employment EAT Procedural Issues - Employment Tribunal [ Bailii ] Â Metanie v Pertemps Recruitment Partnership Ltd [2002] UKEAT 944_01_0802 8 Feb 2002 EAT Employment 1 Cites [ Bailii ] Â R Board v Superdrug Stores Plc EAT/1230/00 8 Feb 2002 EAT The Honourable Mr Justice Burton Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â S A Moseley v Service Direct (Uk) Plc EAT/0482/01 & EAT/1157/00 8 Feb 2002 EAT The Honourable Mr Justice Burton Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â B Pinnington v the Governing Body Ysgol Crug Glas School, City and County of Swansea EAT/1500/00 8 Feb 2002 EAT His Honour Judge Wilkie Qc Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â Moseley v Service Direct (Uk) Plc [2002] UKEAT 482_01_0802 8 Feb 2002 EAT Employment [ Bailii ] Â A v B [2002] NIIT 12 8 Feb 2002 NIIT Discrimination, Employment Sex Discrimination [ Bailii ] Â B Pinnington v The Governing Body Ysgol Crug Glas School, City and County of Swansea EAT/1500/00; [2002] UKEAT 1500_00_0802 8 Feb 2002 EAT His Honour Judge Wilkie QC Employment EAT Procedural Issues - Employment Tribunal 1 Cites 1 Citers [ Bailii ] Â Gibson v Logan and others (T/A Logan Executive Travel) [2002] NIIT 13 8 Feb 2002 NIIT Employment Unfair Dismissal [ Bailii ] Â S A Moseley v Service Direct (Uk) Plc EAT/1157/00; EAT/0482/01 8 Feb 2002 EAT The Honourable Mr Justice Burton Employment EAT Jurisdiction - Â Hammond v Benefits Agency [2002] UKEAT 904_01_0802 8 Feb 2002 EAT Employment [ Bailii ] Â Medran Developments Ltd v C Haworth EAT/428/01 11 Feb 2002 EAT The Honourable Mr Justice Burton Employment EAT Procedural Issues - Employment Appeal Tribunal. [ EATn ] Â C Curr v Mark and Spencer Plc EAT/1284/00 11 Feb 2002 EAT His Hon Judge Wilkie Qc Employment EAT Redundancy - Definition [ EATn ] Â Singh v University Hospital NHS Trust [2002] UKEAT 1409_01_1102 11 Feb 2002 EAT Employment [ Bailii ] Â Medran Developments Ltd v Haworth [2002] UKEAT 428_01_1102 11 Feb 2002 EAT Employment [ Bailii ] Â Green v London Underground Ltd [2002] UKEAT 1073_01_1102 11 Feb 2002 EAT Employment [ Bailii ] Â Commissioners of Inland Revenue, K Hayward, J Tooby, J Wolstenholme v Post Office Ltd EAT/442/01/EAT/197/02/EAT/159/ 12 Feb 2002 EAT The Honourable Mr Justice Burton (P) Employment EAT Working Time Regulations - (no sub-topic). [ EATn ] Â Mustapha v Islington Council and Another [2002] UKEAT 0993_01_1202 12 Feb 2002 EAT Employment [ Bailii ] Â F Denteh v Commissioner of Police for the Metropolis, E Snow, Ms C Hulme B, J P Parker, Ms M Harding EAT/1033/00 12 Feb 2002 EAT His Hon Judge Clark Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â Dsi Data Systems International Ltd (T/A Action) v Hilmi and Another [2002] UKEAT 1012_01_1202 12 Feb 2002 EAT Employment [ Bailii ] Â Â Redrow Plc v Pedley and Lewis; ChD 12-Feb-2002 - [2002] EWHC 983 (Ch); [2002] Pens LR 339 Â Ministry of Defence v Moitra [2002] UKEAT 1512_00_1202 12 Feb 2002 EAT Employment [ Bailii ] Â Newton v Alcohol East [2002] UKEAT 707_01_1302 13 Feb 2002 EAT Employment [ Bailii ] Â Anderson v Rover Group Ltd and others [2002] UKEAT 1426_99_1302 13 Feb 2002 EAT Employment [ Bailii ] Â Roberts v Department of Education and Employment [2002] UKEAT 1119_01_1302 13 Feb 2002 EAT Employment [ Bailii ] Â Henly Home Limited v v A Simmons EAT/1472/00 13 Feb 2002 EAT The Honourable Mr Justice Burton Employment EAT Unfair Dismissal - Other [ EATn ] Â Henly Homes Ltd v Simmons [2002] UKEAT 1472_00_1302 13 Feb 2002 EAT Employment [ Bailii ] Â Henly Home Limited v V A Simmons EAT/1472/00 13 Feb 2002 EAT The Honourable Mr Justice Burton Employment EAT Unfair Dismissal - Other Â George v East Sussex County Council Secretary of State for [2002] UKEAT 725_01_1302 13 Feb 2002 EAT Employment [ Bailii ] Â Armitage Rest Homes Ltd (T/A Fairview Residential Home) v Begum [2002] EWCA Civ 205 13 Feb 2002 CA Pill LJ Employment [ Bailii ] Â C L Newton v Alcohol East EAT/707/01 13 Feb 2002 EAT His Hon Judge Wilkie QC Employment EAT Procedural Issues - Employment Tribunal Â C L Newton v Alcohol East EAT/707/01 13 Feb 2002 EAT His Hon Judge Wilkie Qc Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â South Ayrshire Council v Decision of the Employment Appeal Tribunal [2002] ScotCS 42 14 Feb 2002 SCS Lord Justice Clerk Scotland, Employment [ ScotC ] - [ Bailii ] Â Henry Cooke, Lumsden Plc v Towler [2002] EWCA Civ 238 14 Feb 2002 CA Employment 1 Cites 1 Citers [ Bailii ] Â Dr A Jiad v M Byford L Granger J Youngson, G Dyke EAT/1306/00 14 Feb 2002 EAT The Honourable Mr Justice Burton Employment EAT Procedural Issues - Employment Tribunal 1 Citers Â Dr A Jiad v M Byford, Ms L Granger, Ms J Youngson, G Dyke EAT/1306/00 14 Feb 2002 EAT The Honourable Mr Justice Burton Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â Morton v South Ayrshire Council Times, 01 March 2002 14 Feb 2002 IHCS Lord Justice-Clerk (Lord Gill), Lord MacLean and Lord Caplan Scotland, Employment, Discrimination, European The applicants were head teachers employed in junior schools. They alleged sex discrimination, and sought to use as comparators head teachers from different local authorities. The comparators had been put forward on the basis that the teacher in question was male and was being paid at a higher rate for work that was like work or work of equal value. Held: Teachers were paid under a system of nationally settled wages. That system was recognised by statute. Accordingly it was appropriate to allow applicants to take as comparators other workers who were not employed by the same employer. The case did not need to be referred to the European Court of Justice, but was instead remitted to the tribunal. Equal Pay Act 1970 1 - Education (Scotland) Act 1980 - EU Treaty Art 141 1 Cites Â Kila Ltd (T/A Cave Des Rois) v Locke [2002] UKEAT 1118_01_1502 15 Feb 2002 EAT Employment [ Bailii ] Â Hopson v Hi Way Express and others [2002] UKEAT 0892_01_1502 15 Feb 2002 EAT Employment [ Bailii ] Â Spence v Pizza Hut (Uk) Ltd [2002] UKEAT 1032_01_1502 15 Feb 2002 EAT Employment [ Bailii ] Â Â MSF v Refuge Assurance Plc, United Friendly Insurance; EAT 15-Feb-2002 - EAT/1371/99; [2002] UKEAT 1371_99_1502; [2002] IRLR 324; [2002] ICR 1365 Â Actionfort Ltd T/A Brooknight Security v Ms T Benton EAT/1446/00 15 Feb 2002 EAT His Honour Judge Wilkie Qc Employment EAT Unfair Dismissal - Compensation. [ EATn ] Â Mango Hair v Dos Santos EAT/0129/02 15 Feb 2002 EAT The Honourable Mr Justice Burton Employment EAT Procedural Issues - Employment Tribunal. [ EAT ] Â Actionfort Ltd (T/A Brooknight Security) v Benton [2002] UKEAT 1446_00_1502 15 Feb 2002 EAT Employment [ Bailii ] Â Actionfort Ltd T/A Brooknight Security v T Benton EAT/1446/00 15 Feb 2002 EAT His Honour Judge Wilkie QC Employment EAT Unfair Dismissal - Compensation Â Omega Team Carers Ltd v Wallace and others [2002] UKEAT 431_01_1502 15 Feb 2002 EAT Employment [ Bailii ] Â Kigass Aero Components Ltd v Brown EAT/1030/00; EAT/481/00; [2002] UKEAT 481_00_2502; Eat/758/01 16 Feb 2002 EAT The Honourable Mr Justice Lindsay (P) Employment EAT Working Time Regulations - [ Bailii ] - [ EATn ] Â Richard Grant v Kent County Council EAT/0030/01 18 Feb 2002 EAT The Honourable Mr Justice Holland Employment EAT Contract of Employment - Breach of Contract. [ EATn ] Â Hill v North Staffordshire Combined Health NHS Trust [2002] UKEAT 1002_01_1802 18 Feb 2002 EAT Employment [ Bailii ] Â Delaney v Nord Anglia International Ltd [2002] UKEAT 1061_01_1802 18 Feb 2002 EAT Employment [ Bailii ] Â Richard Grant v Kent County Council EAT/0030/01; [2002] UKEAT 30_01_1802 18 Feb 2002 EAT The Honourable Mr Justice Holland Employment EAT Contract of Employment - Breach of Contract 1 Cites 1 Citers [ Bailii ] Â Edwards v Secretary of State for Trade and Industry and Another [2002] UKEAT 1117_01_1802 18 Feb 2002 EAT Employment [ Bailii ] Â Lee v Police Information Technology Organisation and others [2002] UKEAT 0185_01_1802 18 Feb 2002 EAT Employment [ Bailii ] Â Dr R A Lee v Police Information Technology Organisation and Others, the Home Office and others EAT/185/01 18 Feb 2002 EAT The Honourable Mr Justice Lindsay (P) Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â Evans v The Malley Organisation Ltd (T/A First Business Support) [2002] UKEAT 99_01_1902 19 Feb 2002 EAT Employment [ Bailii ] Â M Evans v The Malley Organisation Ltd T/A First Business Support EAT/99/01 19 Feb 2002 EAT His Hon Judge Wilkie QC Employment EAT Contract of Employment - Written Particulars Â Armstrong v Boots the Chemist Ltd [2002] UKEAT 1047_01_1902 19 Feb 2002 EAT Employment [ Bailii ] Â M Evans v the Malley Organisation Ltd T/A First Business Support EAT/99/01 19 Feb 2002 EAT His Hon Judge Wilkie Qc Employment EAT Contract of Employment - Written particulars. [ EATn ] Â Leverson v Huggins and Another [2002] UKEAT 1046_01_1902 19 Feb 2002 EAT Employment 1 Cites 1 Citers [ Bailii ] Â Wroe v Bradford and Northern Housing Association Ltd [2002] UKEAT 41_01_2002 20 Feb 2002 EAT Employment [ Bailii ] Â Stein v Van Lauren Ltd [2002] UKEAT 1340_01_2002 20 Feb 2002 EAT Employment [ Bailii ] Â Williams v Allport Ltd [2002] UKEAT 1131_01_2002 20 Feb 2002 EAT Employment [ Bailii ] Â C A Wore, Bradford and Northern Housing Association Ltd v Bradford and Northern Housing Association Ltd EAT/41/01; EAT/392/01 20 Feb 2002 EAT His Hon Judge Wilkie QC Employment EAT Unfair Dismissal - Reason for Dismissal Â Monaghan v Close Thornton Solicitors [2002] UKEAT 3_01_2002 20 Feb 2002 EAT Employment [ Bailii ] Â Hussain v Pakistan International Airlines [2002] UKEAT 879_01_2002 20 Feb 2002 EAT Burke QC Rec Employment Appeal against refusal of claim of constructive unfair dismissal. [ Bailii ] Â Tasco Europe v Sadiq Almeerali EAT/1124/01 20 Feb 2002 EAT The Honourable Lord Johnston Employment EAT Procedural Issues - Employment Appeal Tribunal. [ EATn ] Â Eat/392/01 C A Wore Eat/41/01 and Eat/391/01 Bradford and Northern Housing Association Ltd v Eat/41/01 and Eat/ 391/01 Bradford and Northern Housing Association Ltd EAT/392/01 & EAT/41/01 & EAT/3 20 Feb 2002 EAT His Hon Judge Wilkie Qc Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â Newham v Smith and Another [2002] UKEAT 1345_00_2002 20 Feb 2002 EAT Employment [ Bailii ] Â Mackenzie v NHS Pensions Agency and Another [2002] UKEAT 1080_01_2002 20 Feb 2002 EAT Lindsay P J Employment The claimant alleged that the defendant had failed to pay the pension he said he was entitled to. [ Bailii ] Â Brewster Brothers Ltd v Ian Alistair Stewart EAT/1089/01 20 Feb 2002 EAT The Honourable Lord Johnston Employment EAT Procedural Issues - Employment Appeal Tribunal. [ EATn ] Â William Ball Ltd v Wood and others [2002] UKEAT 89_01_2102 21 Feb 2002 EAT Employment [ Bailii ] Â William Ball Limited v K Wood and others EAT/89/01 21 Feb 2002 EAT The Honourable Mr Justice Holland Employment EAT Equal Pay Act - (no sub-topic). [ EATn ] Â Wollen v Schaffner Emc Ltd EAT/938/01 21 Feb 2002 EAT His Hon Judge Wilkie QC Employment EAT Procedural Issues - Employment Appeal Tribunal Â Barry and Another v Pot Black (Uk) Ltd [2002] UKEAT 0996_01_2102 21 Feb 2002 EAT Employment [ Bailii ] Â Mcdonald v Space Kitchens and Bathrooms Ltd and others [2002] UKEAT 1489_00_2102 21 Feb 2002 EAT Employment [ Bailii ] Â Carla Bennett v London Borough of Southwark Times, 28 February 2002; [2002] EWCA Civ 223 21 Feb 2002 CA Lord Justice Ward, Lord Justice Sedley, And, Lord Justice Longmore Discrimination, Employment Mrs Bennet was employed by the respondent. She had made complaints of race and sex discrimination. She was then dismissed, and claimed this was victimisation. Part way through the hearing, her representative failed in an application for an adjournment, and said that if he had been white, his application would have been granted. The tribunal refused to continue because of the allegation of discrimination made against itself. The case was to be relisted, but the respondent to make any application strike out the claim to the new tribunal. The claim was later struck out for the 'scandalous' behaviour of the advocate. The EAT eventually decided that it was wrong for the tribunal to have recused itself. Held: The tribunal ought to have given the advocate an opportunity to withdraw his remark. His behaviour fell short of being scandalous, and the striking out was not proportionate. However it was not open to the EAT to have substituted its own decision, and the case must be reheard. Employment Tribunals Rules of Procedure 1993 13(2)(e) - Employment Tribunals (Constitution etc.) Regulations 1993 - Employment Tribunals Act 1996 35(1) [ Bailii ] Â Wollen v Schaffner Emc Ltd EAT/938/01 21 Feb 2002 EAT His Hon Judge Wilkie Qc Employment EAT Procedural Issues - Employment Appeal Tribunal. [ EATn ] Â Wollen v Schaffner Emc Ltd [2002] UKEAT 938_01_2102 21 Feb 2002 EAT Employment [ Bailii ] Â Stagecoach In Fife v Peter Higgins EAT/1127/01 21 Feb 2002 EAT The Honourable Lord Johnston Employment EAT Procedural Issues - Employment Appeal Tribunal. [ EATn ] Â A Mcdonald v Space Kitchens and Bathrooms Ltd and others EAT/1489/00 21 Feb 2002 EAT Mr Recorder Burke Qc Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â A Mcdonald v Space Kitchens and Bathrooms Ltd and others EAT/1489/00 21 Feb 2002 EAT Mr Recorder Burke QC Employment EAT Unfair Dismissal - Reason for Dismissal Â William Ball Limited v K Wood and others EAT/89/01 21 Feb 2002 EAT The Honourable Mr Justice Holland Employment EAT Equal Pay Act - Â Mustofa v Newham Healthcare NHS Trust [2002] UKEAT 1260_01_2102 21 Feb 2002 EAT Employment [ Bailii ] Â the Scottish Ministers v Daniel Dunplop 1227/01 22 Feb 2002 EAT The Honourable Lord Johnston Employment EAT Jurisdiction - (no sub-topic). [ EATn ] Â The Scottish Ministers v Daniel Dunplop EAT/1227/01 22 Feb 2002 EAT The Honourable Lord Johnston Employment EAT Jurisdiction - Â Siddall v Lavers [2002] UKEAT 0644_01_2202 22 Feb 2002 EAT Employment [ Bailii ] Â D Grossman v Barnet Healthcare EAT/134/01 22 Feb 2002 EAT His Hon Judge Wilkie Qc Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â Ece v Newham and Another [2002] UKEAT 1035_00_2202 22 Feb 2002 EAT Employment [ Bailii ] Â R J Terry v Hoyer (Uk) EAT/527/99 22 Feb 2002 EAT The Honourable Mr Justice Lindsay (P) Employment EAT Unfair Dismissal - Award of Costs. [ EATn ] Â A H Ece v London Brough of Newham, Newham Refugee Centre Ltd EAT/1035/00 22 Feb 2002 EAT The Honourable Mr Justice Lindsay (P) Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â Williams v Y K K (Uk) Ltd [2002] UKEAT 0408_01_2202 22 Feb 2002 EAT Employment [ Bailii ] Â Grossman v Barnet Healthcare [2002] UKEAT 0134_01_2202 22 Feb 2002 EAT Employment [ Bailii ] Â G R Johnson v Scottish and Newcastle Plc 1028/00 22 Feb 2002 EAT His Hon Judge Wilkie Qc Employment EAT Unfair Dismissal - Other [ EATn ] Â Morris v Dummigan and others [2002] NIIT 1737_00 22 Feb 2002 NIIT Northern Ireland, Employment [ Bailii ] Â the Scottish Ministers v Daniel Dunlop EAT/1227/01 22 Feb 2002 EAT The Honourable Lord Johnston Employment EAT Jurisdiction - (no sub-topic). [ EATn ] Â Uniparts Eberspacher Exhaust Systems Ltd v Terence Joseph Keenan EAT/1473/00 25 Feb 2002 EAT His Hon Judge Wilkie Qc Employment EAT Redundancy - Collective consultation and information. [ EATn ] Â Cameron v Digital Equipment Company Ltd [2002] EWCA Civ 401 25 Feb 2002 CA Employment 1 Cites [ Bailii ] Â Uniparts Eberspacher Exhaust Systems Ltd v Terence Joseph Keenan EAT/1473/00 25 Feb 2002 EAT His Hon Judge Wilkie QC Employment EAT Redundancy - Collective Consultation and Information Â Harris v Thompson Garside and Co [2002] UKEAT 1121_01_2502 25 Feb 2002 EAT Employment [ Bailii ] Â Landon v Lill [2002] UKEAT 1486_00_2502 25 Feb 2002 EAT Employment [ Bailii ] Â Unipart Eberspacher Exhaust Systems Ltd v Terence Joseph Keenan [2002] UKEAT 1473_00_2502 25 Feb 2002 EAT Employment [ Bailii ] Â J Pimblett and Sons Ltd v Owen [2002] UKEAT 0168_01_2502 25 Feb 2002 EAT Employment [ Bailii ] Â Bicknell v Securitas UK Ltd [2002] UKEAT 1336_01_2602 26 Feb 2002 EAT Employment [ Bailii ] Â David Webster Ltd v Holohan and Another [2002] UKEAT 857_01_2602 26 Feb 2002 EAT Employment [ Bailii ] Â Michelle Alabaster v Woolwich Plc, Secretary of State for Social Security [2002] EWCA Civ 21 26 Feb 2002 CA Lord Justice Brooke, Lord Justice Mummery, And, Lord Justice Kay Employment, Benefits, Discrimination, European The applicant had left on maternity leave. Before leaving, her salary had been increased, but the increase was not back-dated to any part of the period over which the regulations required her average earnings to be calculated for statutory maternity pay. She asserted discrimination, and unlawful deductions from her wages. Should her case be referred to the European Court? The regulations had sought to incorporate the effect of the Gillespie case into UK law. Held: The effect of the regulations was unclear, and the question was to be referred to the European Court. Social Security Contributions and Benefits Act 1992 - Statutory Maternity Pay (General) Regulations 1986 (SI No. 1960) - Equal Pay Act 1970 - Employment Rights Act 1996 13 - EU Treaty Art 141 - Equal Treatment Directive 75/117/EEC 1 Cites 1 Citers [ Bailii ] Â Dekoninck v Cafe En-Seine Ltd [2002] NIIT 2008_01 26 Feb 2002 NIIT Northern Ireland, Employment [ Bailii ] Â Williams v Gray Security Services and Another [2002] UKEAT 1082_01_2602 26 Feb 2002 EAT Employment [ Bailii ] Â Walton v Image Creative Ltd and Another [2002] UKEAT 1471_00_2602 26 Feb 2002 EAT Employment [ Bailii ] Â Johnson v Scottish and Newcastle Plc [2002] UKEAT 1028_00_2602 26 Feb 2002 EAT Employment [ Bailii ] Â London Borough of Islington v Hutchings [2002] UKEAT 34_01_2702 27 Feb 2002 EAT Employment [ Bailii ] Â Wilding v Dr Jeremy Russell EAT/1091/00; [2002] UKEAT 1091_00_2702 27 Feb 2002 EAT His Hon Judge Clark Employment EAT Unfair Dismissal - Procedural Fairness 1 Cites 1 Citers [ Bailii ] Â Wilding v Dr Jeremy Russell EAT/1091/00 27 Feb 2002 EAT His Hon Judge Clark Employment EAT Unfair Dismissal - Procedural fairness/automatically unfair dismissal. [ EATn ] Â London Borough of Islington v D Hutchings EAT/34/01 27 Feb 2002 EAT His Hon Judge Wilkie Qc Employment EAT Unfair Dismissal - Other [ EATn ] Â Perfect Glazing Ltd v Bussanius [2002] UKEAT 1282_01_2702 27 Feb 2002 EAT Employment 1 Cites 1 Citers [ Bailii ] Â Ray v Realight Ltd [2002] UKEAT 1108_01_2702 27 Feb 2002 EAT Employment [ Bailii ] Â Customs and Excise v Jayawardane [2002] UKEAT 1092_01_2702 27 Feb 2002 EAT Employment [ Bailii ] Â University of Kent v Fitzgerald [2002] UKEAT 1313_01_2702 27 Feb 2002 EAT Employment [ Bailii ] Â London Borough of Islington v D Hutchings EAT/34/01 27 Feb 2002 EAT His Hon Judge Wilkie QC Employment EAT Unfair Dismissal - Other Â Hughes and others v Abbey Life Assurance Co Ltd and Another [2002] UKEAT 895_01_2802 28 Feb 2002 EAT Employment [ Bailii ] Â Greaves v Neville'S Cross Primary School and Another [2002] UKEAT 0785_01_2802 28 Feb 2002 EAT Employment [ Bailii ] Â Allied Dunbar Plc v Hughes and others etc EAT895/01 &EAT/896/01 &EAT/897 28 Feb 2002 EAT The Honourable Mr Justice Mummery (P) Employment EAT Procedural Issues - Employment Tribunal - [ EAT ] Â Rhm Frozen Foods Limited v J King EAT/1449/01 28 Feb 2002 EAT The Honourable Mr Justice Rimer Employment EAT Unfair Dismissal - Constructive dismissal. [ EATn ] Â Brown v Firth Rixson Special Steel Ltd [2002] UKEAT 1107_01_2802 28 Feb 2002 EAT Employment [ Bailii ] Â Allied Dunbar Plc Abbey Life Assurance Abbey Life Assurance v Hughes and others Abbey Life Assurance Allied Dunbar Assurance Plc EAT/896/01; EAT895/01 28 Feb 2002 EAT The Honourable Mr Justice Mummery (P) Employment EAT Procedural Issues - Employment Tribunal Â O'Keefe v National School of Hypnosis and Psychotherapy [2002] UKEAT 1065_01_2802 28 Feb 2002 EAT Employment 1 Cites 1 Citers [ Bailii ] Â Ms F Ahmed v London Borough of Hackney EAT/1221/00 1 Mar 2002 EAT His Hon Judge Clark Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â Ahmed v Hackney [2002] UKEAT 1221_00_0103 1 Mar 2002 EAT Employment [ Bailii ] Â Barnett v Hm Prison Services Agency [2002] UKEAT 1268_01_0103 1 Mar 2002 EAT Employment [ Bailii ] Â G McDowell v Serco Limited EAT/381/01 1 Mar 2002 EAT The Honourable Mr Justice Holland Employment EAT Unfair Dismissal - Contributory fault. [ EATn ] Â F Ahmed v London Borough of Hackney EAT/1221/00 1 Mar 2002 EAT His Hon Judge Clark Employment EAT Procedural Issues - Employment Tribunal Â Lewin v North East London Probation Service [2002] UKEAT 1123_01_0103 1 Mar 2002 EAT Employment [ Bailii ] Â G McDowell v Serco Limited EAT/381/01; [2002] UKEAT 0381_01_0103 1 Mar 2002 EAT The Honourable Mr Justice Holland Employment EAT Unfair Dismissal - Contributory Fault [ Bailii ] Â Edmondson v B.M.I Healthcare and Another [2002] UKEAT 0654_01_0103 1 Mar 2002 EAT Employment [ Bailii ] Â I Patchett v Greenwood (Interiors )Ltd In Liquidation EAT/634/00 3 Mar 2002 EAT His Hon Judge Clark Employment EAT Redundancy - Definition Â I Patchett v Greenwood (Interiors )Ltd In Liquidation EAT/634/00 3 Mar 2002 EAT His Hon Judge Clark Employment EAT Redundancy - Definition [ EATn ] Â Green v Elan Care Ltd [2002] UKEAT 18_01_0403 4 Mar 2002 EAT Employment [ Bailii ] Â R Green v Elan Care Limited EAT/018/01 4 Mar 2002 EAT Mr Recorder Burke Qc Employment EAT Transfer of Undertakings - Economic technical or organisational reason. [ EATn ] Â P Brown v P Tomlinson and others T/A Tomlinsons Dairies EAT/186/01 4 Mar 2002 EAT Mr Commissioner Howell QC Employment EAT Unfair Dismissal - Reason for Dismissal Â Scarano v Radmore Trading Ltd [2002] UKEAT 0175_01_0403 4 Mar 2002 EAT Employment [ Bailii ] Â Denteh v Commissioner of Police for the Metropolis and Another [2002] UKEAT 1033_00_0403 4 Mar 2002 EAT Employment [ Bailii ] Â Raffaele Scarano v Radmore Trading Ltd EAT/175/01 4 Mar 2002 EAT His Hon Judge Clark Employment EAT Jurisdiction - Â Barlow and Another v P E Jones Contractors Ltd [2002] UKEAT 1086_00_0403 4 Mar 2002 EAT Employment [ Bailii ] Â Glass Systems (Uk) Ltd v C Allsopp EAT/177/01 4 Mar 2002 EAT Mr Commissioner Howell QC Employment EAT Unfair Dismissal - Compensation Â Andreou v Lord Chancellor's Department EAT/0037/01; EAT/0036/01; [2002] UKEAT 36_01_0403 4 Mar 2002 EAT Mr Commissioner Howell QC Employment EAT Procedural Issues - Employment Tribunal 1 Citers [ Bailii ] - [ EATn ] Â P Brown v P Tomlinson and others T/A Tomlinsons Dairies EAT/186/01 4 Mar 2002 EAT Mr Commissioner Howell Qc Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â Raffaele Scarano v Radmore Trading Ltd EAT/175/01 4 Mar 2002 EAT His Hon Judge Clark Employment EAT Jurisdiction - (no sub-topic). [ EATn ] Â Dr A Barzey v London Borough of Croydon EAT235/02 4 Mar 2002 EAT His Honour Judge Peter Clark Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â Glass Systems (Uk) Ltd v C Allsopp EAT/177/01 4 Mar 2002 EAT Mr Commissioner Howell Qc Employment EAT Unfair Dismissal - Procedural fairness/automatically unfair dismissal. [ EATn ] Â K Barlow S Nelson v P E Jones Contractors Ltd EAT/1086/00 4 Mar 2002 EAT Mr Recorder Langstaff QC Employment EAT Contract of Employment - Definition of Employee Â Dr A Barzey v London Borough of Croydon EAT235/02 4 Mar 2002 EAT His Honour Judge Peter Clark Employment EAT Procedural Issues - Employment Tribunal Â R Green v Elan Care Limited EAT/018/01 4 Mar 2002 EAT Mr Recorder Burke QC Employment EAT Transfer of Undertakings - Economic Technical or Organisational Reason Â K Barlow, S Nelson v P E Jones Contractors Ltd EAT/1086/00 4 Mar 2002 EAT Mr Recorder Langstaff Qc Employment EAT Contract of Employment - Definition of employee. [ EATn ] Â Mcwilliams v Regard Partnership [2002] UKEAT 1305_01_0503 5 Mar 2002 EAT Employment [ Bailii ] Â Walker Snack Food Ltd v E Defty EAT/525/01; [2002] UKEAT 525_01_1706 5 Mar 2002 EAT Mr Commissioner Howell QC Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ Bailii ] - [ EATn ] Â D L Roach v Apcoa Parking (Uk) Ltd EAT/719/00 5 Mar 2002 EAT The Honourable Mr Justice Lindsay (P) Employment EAT Unfair Dismissal - Other Â D L Roach v Apcoa Parking (Uk) Ltd EAT/719/00 5 Mar 2002 EAT The Honourable Mr Justice Lindsay (P) Employment EAT Unfair Dismissal - Other [ EATn ] Â Roach v Apcoa Parking (Uk) Ltd [2002] UKEAT 0719_00_0503 5 Mar 2002 EAT Employment [ Bailii ] Â Jones v Powys County Council [2002] UKEAT 1157_01_0503 5 Mar 2002 EAT Employment [ Bailii ] Â Quirk v Hardy and Another [2002] UKEAT 1086_01_0503 5 Mar 2002 EAT Employment [ Bailii ] Â Atherden and others v St Helens and Knowsley Hospitals NHS Trust [2002] UKEAT 1101_01_0503 5 Mar 2002 EAT Employment [ Bailii ] Â Manchester College of Arts and Technology v John Faulkner EAT/1463/99 5 Mar 2002 EAT The Honourable Mr Justice Holland Employment EAT Contract of Employment - Written particulars. [ EATn ] Â Coles v United Business Media Ltd [2002] UKEAT 1171_01_0603 6 Mar 2002 EAT Employment [ Bailii ] Â Naylor v the Rent Service [2002] UKEAT 1332_01_0603 6 Mar 2002 EAT Employment [ Bailii ] Â Curr v Marks and Spencer Plc [2002] UKEAT 1284_00_0603 6 Mar 2002 EAT Employment [ Bailii ] Â Williams v Hewlett Packard Ltd and Another [2002] UKEAT 1437_01_0603 6 Mar 2002 EAT Employment [ Bailii ] Â Special Metals Wiggin Ltd v Moore [2002] UKEAT 738_01_0603 6 Mar 2002 EAT Employment [ Bailii ] Â Williams v Provend Services Ltd [2002] UKEAT 1369_01_0603 6 Mar 2002 EAT Employment [ Bailii ] Â Trelleborg Automotive v Maunder and others EAT/1141/00; [2002] UKEAT 1141_00_0603 6 Mar 2002 EAT His Hon Judge Clark Employment EAT Contract of Employment - Breach of Contract [ Bailii ] - [ EATn ] Â Storey v Ministry of Defence [2002] UKEAT 1097_01_0603 6 Mar 2002 EAT Employment [ Bailii ] Â Lalomia v Gable [2002] UKEAT 1104_01_0603 6 Mar 2002 EAT Employment [ Bailii ] Â Special Metals Wiggin Ltd v S P Moore EAT/0738/01 6 Mar 2002 EAT The Honourable Mr Justice Lindsay (P) Employment EAT Procedural Issues - Employment Appeal Tribunal. [ EATn ] Â Peacock v Wineflair (Belfast) Ltd (Procedural) [2002] NIIT 23 7 Mar 2002 NIIT Employment [ Bailii ] Â Okponobi v Holland and Barrett Retail Ltd and Another [2002] UKEAT 1269_00_0703 7 Mar 2002 EAT Employment [ Bailii ] Â Heald Nickinson Solicitors v J Summers and others J A Parkinson Formerly T/Aparkinson and Co EAT/1504/00 7 Mar 2002 EAT Mr Commissioner Howell QC Employment EAT Procedural Issues - Employment Tribunal EAT Procedural Issues - Employment Tribunal. 1 Cites 1 Citers [ EATn ] Â Warman International Ltd v Wilson [2002] UKEAT 1383_00_0703 7 Mar 2002 EAT Employment 1 Cites [ Bailii ] Â P Paggetti v J Cobb EAT/136/01 7 Mar 2002 EAT His Hon Judge Clark Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â Transco Plc v O'Brien [2002] EWCA Civ 379; [2002] ICR 721; [2002] Emp LR 787; [2002] IRLR 444 7 Mar 2002 CA Pill LJ, Longmore LJ, Sir Martin Nourse Employment The company appealed against a finding that they were in breach of their contract of employment in not including the claimant in those considered for an enhanced redundancy package. Held: The appeal failed. Tribunals should be cautious before appearing to extend the terms of the implied duty of trust and confidence between employer and employee. Pill LJ said: "I do not find it necessary or appropriate to consider the effect of the use of that expression which, in my judgment, and for the reasons I have given does not affect the outcome of this appeal. Plainly there are dangers in using terminology which may extend, or may appear to extend, the scope of the implied term of trust and confidence, as explained in the Mahmud case [1977] ICR 606 and the cases cited there. Employment tribunals should apply the tests stated in those cases and not use language which may detract from the correct test or suggest that a different test has been applied." 1 Cites 1 Citers [ Bailii ] Â Sema UK Ltd v Haddock [2002] EWCA Civ 361 7 Mar 2002 CA Employment [ Bailii ] Â Arcadia Group Plc v Cowan [2002] UKEAT 1429_01_0703 7 Mar 2002 EAT Employment [ Bailii ] Â P Paggetti v J Cobb Times, 12 April 2002; EAT/136/01 7 Mar 2002 EAT Judge Peter Clark, Ms J. Drake and Mr K. M. Young Employment The appellant argued that when his claim for compensation for unfair dismissal was calculated the employment tribunal should have adjusted his award to reflect the fact that he had been paid les than the minimum wage in the employment. Held: The Tribunal must look at the sections of the 1996 Act, and the calculation was to be treated as subject to the statutory minimum wage. EAT Unfair Dismissal - Reason for Dismissal Employment Rights Act 1996 221(2) 229 Â Balfour Beatty Power Networks Ltd v B R Tucker and 11 others EAT/182/01 7 Mar 2002 EAT The Honourable Mr Justice Holland Employment EAT Unlawful Deduction from Wages - (no sub-topic). [ EATn ] Â Balfour Beatty Power Networks Ltd v B R Tucker and 11 others EAT/182/01 7 Mar 2002 EAT The Honourable Mr Justice Holland Employment EAT Unlawful Deduction from Wages - Â G Whitlock v K T Dobson EAT/782/01; [2002] UKEAT 0782_01_0703 7 Mar 2002 EAT His Hon Judge Clark Employment EAT Unfair Dismissal - Other [ Bailii ] - [ EATn ] Â R Thorold v Martell Press Ltd EAT/343/01; [2002] UKEAT 0343_01_0803 8 Mar 2002 EAT His Hon Judge Clark Employment EAT Unfair Dismissal - Procedural fairness/automatically unfair dismissal. 1 Citers [ Bailii ] - [ EAT ] Â Comfort Cooling and Heating Ltd v Ohenebeng [2002] UKEAT 1204_01_0803 8 Mar 2002 EAT Employment [ Bailii ] Â T Pointon and 12 others v Bba Friction Ltd EAT/1380/00 8 Mar 2002 EAT The Honourable Mr Justice Holland Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â Mahmood and Another v Garside [2002] UKEAT 514_01_0803 8 Mar 2002 EAT Employment [ Bailii ] Â Somerville v Gardners Books Ltd [2002] UKEAT 1138_01_0803 8 Mar 2002 EAT Employment [ Bailii ] Â Clarkson v Runshaw College and Another [2002] UKEAT 775_01_0803 8 Mar 2002 EAT Employment [ Bailii ] Â Afolabi v Southwark [2002] UKEAT 1024_00_0803 8 Mar 2002 EAT Employment [ Bailii ] Â Sharp v London Institute [2002] UKEAT 1206_01_0803 8 Mar 2002 EAT Employment [ Bailii ] Â T Pointon and 12 others v Bba Friction Ltd EAT/1380/00 8 Mar 2002 EAT The Honourable Mr Justice Holland Employment EAT Unfair Dismissal - Reason for Dismissal Â N Lee v Bristol City Council EAT/536/01 10 Mar 2002 EAT His Hon Judge Clark Employment EAT Unfair Dismissal - Other [ EATn ] Â Forbouys Ltd v M E Rich EAT/144/01 11 Mar 2002 EAT His Hon Judge Clark Employment EAT Unfair Dismissal - Other [ EATn ] Â Leader and others v London Borough of Brent [2002] UKEAT 0329_01_1103 11 Mar 2002 EAT Employment [ Bailii ] Â Neckles v National Westminster Bank [2002] UKEAT 1358_01_1103 11 Mar 2002 EAT Employment [ Bailii ] Â Barbour and Another v Victoria and Albert Museum and Another [2002] UKEAT 1165_01_1103 11 Mar 2002 EAT Employment [ Bailii ] Â D T Dowling v Hsf Logistics and M Rose EAT/1404/00 11 Mar 2002 EAT The Honourable Mr Justice Holland Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â Hughes v Jones (T/A Plas-Y-Bryn Nursing Home) [2002] EWCA Civ 346 11 Mar 2002 CA Ward, Keene LJJ Employment Permission to appeal granted. [ Bailii ] Â Ms Joy Leader and others v London Borough of Brent EAT/329/01 11 Mar 2002 EAT The Honourable Mr Justice Holland Employment EAT Unfair Dismissal - Contributory fault. [ EATn ] Â Qureshi v London Borough of Camden EAT/1173/00 11 Mar 2002 EAT Mr Commissioner Howell QC Employment EAT Procedural Issues - Employment Appeal Tribunal. [ EAT ] Â Joy Leader and others v London Borough of Brent EAT/329/01 11 Mar 2002 EAT The Honourable Mr Justice Holland Employment EAT Unfair Dismissal - Contributory Fault Â London Underground Ltd v Harris [2002] UKEAT 752_00_1103 11 Mar 2002 EAT Employment [ Bailii ] Â Dowling v Hsf Logistics and Another [2002] UKEAT 1404_00_1103 11 Mar 2002 EAT Employment [ Bailii ] Â Forbouys Ltd v M E Rich EAT/144/01 11 Mar 2002 EAT His Hon Judge Clark Employment EAT Unfair Dismissal - Other Â Ahuja v Inghams (Accountants) [2002] UKEAT 1271_00_1103 11 Mar 2002 EAT Employment [ Bailii ] Â Rothwell v Committee for the Time Being of the Gorse Hill [2002] UKEAT 1435_01_1103 11 Mar 2002 EAT Employment [ Bailii ] Â Godbehere v Ministry of Defence (Army) [2002] UKEAT 1233_01_1203 12 Mar 2002 EAT Employment [ Bailii ] Â Land v Birds Eye Walls Ltd [2002] UKEAT 1441_00_1203 12 Mar 2002 EAT Employment [ Bailii ] Â Hook v Richmond Upon Thames and Another [2002] UKEAT 1417_01_1203 12 Mar 2002 EAT Employment [ Bailii ] Â Matthews v P and B Ltd [2002] NIIT 3442_01 12 Mar 2002 NIIT Northern Ireland, Employment [ Bailii ] Â Ruddick v Great North Eastern Railway Ltd [2002] UKEAT 1426_01_1203 12 Mar 2002 EAT Employment [ Bailii ] Â Panama v Hackney [2002] UKEAT 0884_00_1203 12 Mar 2002 EAT Employment [ Bailii ] Â Elizabeth Duff Travel Ltd v Bray [2002] UKEAT 0517_01_1303 13 Mar 2002 EAT Employment [ Bailii ] Â Gould v Lordswood Farms Ltd [2002] UKEAT 1335_01_1303 13 Mar 2002 EAT Employment [ Bailii ] Â Donald v Mercury Recycling Ltd [2002] UKEAT 1128_01_1303 13 Mar 2002 EAT Employment [ Bailii ] Â QC Supplies v Turner and Another [2002] UKEAT 1220_01_1303 13 Mar 2002 EAT Employment 1 Citers [ Bailii ] Â Pal v Guy's and St Thomas' Hospital NHS Trust [2002] UKEAT 1240_01_1303 13 Mar 2002 EAT Employment [ Bailii ] Â Elizabeth Duff Travel Ltd v B Bray EAT/517/01 13 Mar 2002 EAT Mr Commissioner Howell QC Employment EAT Procedural Issues - Employment Tribunal Â Wilde v Pure Fishing (Uk) Ltd [2002] UKEAT 1147_01_1303 13 Mar 2002 EAT Employment [ Bailii ] Â Elizabeth Duff Travel Ltd v B Bray EAT/517/01 13 Mar 2002 EAT Mr Commissioner Howell Qc Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â H M Prison Service v J A Beart EAT/650/01; [2002] UKEAT 650_01_2105 13 Mar 2002 EAT The Honourable Mr Justice Lindsay (P) Discrimination, Employment EAT Disability Discrimination - Disability 1 Citers [ Bailii ] - [ EATn ] Â Harris v Richard Lawson Autologistics Ltd Gazette, 23 May 2002 14 Mar 2002 CA Lords Justice Kennedy and Mantell and Sir Swinton Thomas Employment The employee was a member of a trades union which had a closed shop agreement with the respondents. The union representative had negotiated new terms with reduced holidays. The employee objected on a later redundancy. Held: The shop steward had been elected by the members and had ostensible authority to negotiate changes in terms and the applicant was bound by the new terms. Â A Robertson v Rockware Glass Ltd EAT/0107/01 14 Mar 2002 EAT The Honourable Mr Justice Lindsay (P) Employment EAT Contract of Employment - Breach of Contract. [ EAT ] Â Dolby Hotel Liverpool Ltd v Farley [2002] UKEAT 1140_01_1403 14 Mar 2002 EAT Employment [ Bailii ] Â Robertson v Rockware Glass Ltd [2002] UKEAT 107_01_1403 14 Mar 2002 EAT Employment [ Bailii ] Â R Buckwell v Ashfield District Council EAT/51/01 14 Mar 2002 EAT The Honourable Mr Justice Holland Employment EAT Trade Union Rights - (no sub-topic). [ EATn ] Â Campbell v Frisbee [2002] EWHC 328 (Ch) 14 Mar 2002 ChD The Hon Mr Justice Lightman Employment, Damages, Information, Civil Procedure Rules, Human Rights The defendant appealed a summary judgement on the claimant's claim with respect to her alleged disclosure of details Miss Campbell's private life. The claimant sought an action for account of profits for breach of the terms of a contract of service. The defendant claimed that a violent assault by the claimant on her was a repudiation of the contract. There were some issues which must go to trial, but the claimant obtained judgement on those matters relating to her private life. Held: To defeat an application for summary judgment the respondent must show some 'real prospect' of success, even if improbable. Would the obligation of confidence be discharged by a repudiation? Restrictive covenants had been considered before, but not obligations of confidence. The Photo Production case established that not all obligations were defeated by a repudiation. The obligation of confidence survived any repudiation. The defendant argued that the restriction restricted her right of free speech. Here there was no overwhelming public interest argument. There was no prospect of success on this point and the appeal failed. Civil Procedure Rules 24.2 - European Convention on Human Rights 1 Cites 1 Citers [ Bailii ] Â Roscoe v Imperial Home Decor Group (UK) Ltd [2002] UKEAT 1141_01_1403 14 Mar 2002 EAT Employment [ Bailii ] Â Leisure Leagues UK Ltd v Maconnachie Times, 02 May 2002 14 Mar 2002 EAT Judge Wilkie, QC, Ms J. Drake and Mr R. N. Straker Employment When calculating the entitlement to holiday pay the apportionment had to be made on the number of working days in a year, not on the number of days in a year. The regulations required this interpretation rather than that under the Act. A consequence of using the full year might well be to apply an effective rate lower than the minimum wage rate. Working Time Regulations 1998 (1998 No 1833) - Apportionment Act 1870 2 1 Cites Â Miller Bros and Another v Johnston [2002] UKEAT 407_01_1403 14 Mar 2002 EAT Employment [ Bailii ] Â R Buckwell v Ashfield District Council EAT/51/01 14 Mar 2002 EAT The Honourable Mr Justice Holland Employment EAT Trade Union Rights - Â Miller Bros and F P Butler Ltd v R S Johnston EAT0407/01 14 Mar 2002 EAT Mr Recorder Langstaff Qc Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â Koskinen v the Council for Professions Supplementary To Medicine and others [2002] UKEAT 1447_00_1403 14 Mar 2002 EAT Employment [ Bailii ] Â Andrew v London Borough of Hackney [2002] UKEAT 0535_01_1403 14 Mar 2002 EAT Lindsay P J Employment The claimant had made assorted claims following the alleged failure by the respondent to provide a satisfactory reference on her ceasing to be employed by them. [ Bailii ] Â Â Buckwell v Ashfield District Council; EAT 14-Mar-2002 - [2002] UKEAT 51_01_1403 Â Miller Bros and F P Butler Ltd v R S Johnston Times, 18 April 2002; EAT0407/01 14 Mar 2002 EAT Mr Recorder Langstaff QC Employment EAT Procedural Issues - Employment Tribunal The former employee sought to enforce in the Employment Tribunal an agreement with their former employers as to the terms on which their employment ended. The employer resisted the claim saying that the matter was not an employment matter over which the tribunal had jurisdiction. Held. Since the agreement was concluded only after the employment had terminated, it was not an employment law matter. The article gave jurisdiction where the claim arises or is outstanding on the termination of the employee's employment." This phrase was to be read in temporal rather than a causative sense. The Order was derived from the Act, which related to employment contracts, and defined when they terminated. Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994 (1994 No 1623) 3(c) - Employment Tribunals Act 1996 3 97(1) 1 Cites Â Leisure Leagues UK Ltd v Maconnachie [2002] UKEAT 940_01_1403 14 Mar 2002 EAT Employment [ Bailii ] Â H M Inland Revenue v L Slik and P Badger EAT/405/01 15 Mar 2002 EAT The Honourable Mr Justice Holland Employment EAT National Minimum Wage - (no sub-topic). [ EATn ] Â Inland Revenue v Silk and Another [2002] UKEAT 0405_01_1503 15 Mar 2002 EAT Employment [ Bailii ] Â H M Inland Revenue v L Slik and P Badger EAT/405/01 15 Mar 2002 EAT The Honourable Mr Justice Holland Employment EAT National Minimum Wage A carer was employed by a disabled person. The contract stated that she was self-employed. The Inland Revenue issued orders requiring a payment to be made under the minimum wage provisions. The employer contended also that she was impecunious. Held: The enforcement notice was not ineffective having been served out of time, being justified under s 19(1) of the 1998 Act. The issue of a penalty notice was a matter of discretion, and the officer exercising that discretion must do so looking at all relevant facts. He had disregarded her ability to pay, and at the time of issue there remained unresolved the issue of whether she was employed or self-employed, and the penalty notice should not have been issued. National Minimum Wage Act 1998 17(1) 19(1) 20(1) 21(1) - Employment Rights Act 1996 23 Â Harbour v Earle and Another [2002] UKEAT 1181_01_1503 15 Mar 2002 EAT Employment [ Bailii ] Â Wright v Daimler Chrysler Rail Systems (Uk) Ltd (T/A Adtranz) [2002] UKEAT 0463_01_1503 15 Mar 2002 EAT Employment [ Bailii ] Â K O'Flynn v Airlinks the Airport Coach Company Limited EAT/269/01; [2002] UKEAT 0269_01_1503 15 Mar 2002 EAT The Honourable Mr Justice Lindsay (P) Employment EAT Unfair Dismissal - Reason for Dismissal EAT Unfair Dismissal - Reason for dismissal including substantial other reason. 1 Cites 1 Citers [ Bailii ] - [ EATn ] Â Campbell v Union Carbide Ltd EAT/341/01; [2002] UKEAT 0341_01_1503 15 Mar 2002 EAT His Hon Judge Clark Employment EAT Contract of Employment - Breach of Contract [ Bailii ] - [ EATn ] Â Kwik-Fit Ltd., Regina (on the Application of) v Central Arbitration Committee [2002] EWCA Civ 512; [2002] IRLR 395; [2002] ICR 1212; [2002] Emp LR 611 18 Mar 2002 CA Employment Trade Union and Labour Relations (Consolidation) Act 1992 [ Bailii ] Â Camden v Palmer and Another [2002] UKEAT 1374_01_1803 18 Mar 2002 EAT Employment [ Bailii ] Â Regina (Kwik-Fit (GB) Ltd) v Central Arbitration Committee Times, 29 March 2002 18 Mar 2002 CA Lord Justice Buxton, Lord Justice Latham and Sir Denis Henry Employment The union sought recognition, but the employer did not accept the proposed bargaining unit. The union took their request to the respondent. The employer appealed their decision, and the committee appealed that first instance decision. Held: The procedure under the schedule is unusual, and is intended to reflect the Union's need for bargaining rights. It was not for the committee to judge between proposed alternative proposed bargaining units, but rather to test if the one proposed in the Union's application met the statutory criteria, and to hear the employer's views. The committee had so acted, and their decision was re-instated. Trade Union and Labour Relations (Consolidation) Act 1992 Sch A1 Â Mayne v G and P Site Maintenance Services Ltd [2002] UKEAT 1442_01_1803 18 Mar 2002 EAT Employment [ Bailii ] Â Battista v Jedson Ltd and Another [2002] UKEAT 1182_01_1803 18 Mar 2002 EAT Employment [ Bailii ] Â London Borough of Croydon v Kuttapan EAT/24/01; EAT/1103/00; [2002] UKEAT 1103_00_1406 18 Mar 2002 EAT Mr Commissioner Howell QC Discrimination, Employment EAT Race Discrimination - Direct 1 Cites [ Bailii ] - [ EATn ] Â Stuart (T/A Stuart Plant Hire) v Edmondson and Another [2002] UKEAT 1445_01_1803 18 Mar 2002 EAT Employment [ Bailii ] Â Pendragon Plc v Nota EAT/0031/00; [2002] EAT 0031_00_1803; [2002] UKEAT 0031_00_1803 18 Mar 2002 EAT His Honour Judge Peter Clark Employment The employer appealed against a finding of unlawful deduction of wages. Held: The words "any . . emolument" includes overtime pay, which may be isolated from other contractual terms as to pay. An arrangement under which the employer had tried to defeat a claim for unpaid overtime, by redescribing the basic pay rate failed. The tribunal had advised counsel that a costs order might be made, but had not told the parties directly in order to avoid inhibiting their evidence. The defendant appealed a later wasted costs order. The tribunal had done no more than to have indicated its view that presentation to it of matters of complaint which had never been put to the claimant, could only be a waste of time, since they could not be considered by the tribunal. Nothing had been done to indicate that the tribunal had a closed mind. Employment Rights Act 1996 13(3) 27(1)(a) - Employment Tribunals (Constitution and Rules of Procedure) Regulations 1993 Sch 1 12(1) 1 Cites [ Bailii ] - [ Bailii ] - [ EAT ] Â Hinkley v Ashtons Manufacturing Ltd and Another [2002] UKEAT 346_01_1803 18 Mar 2002 EAT Employment [ Bailii ] Â Phoenix Electrical (Uk) Ltd v Lewis [2002] UKEAT 844_01_1803 18 Mar 2002 EAT Employment [ Bailii ] Â A and S Domestic Services Ltd v Burke [2002] UKEAT 1443_01_1803 18 Mar 2002 EAT Employment [ Bailii ] Â Lall v A C Travel Ltd [2002] UKEAT 1371_01_1803 18 Mar 2002 EAT Employment [ Bailii ] Â Genda v Mansfield International Ltd [2002] UKEAT 1307_00_1803 18 Mar 2002 EAT Employment [ Bailii ] Â Â Hinkley v Ashtons Manufacturing Ltd, Thomas A Ashton Ltd P Crook; EAT 18-Mar-2002 - EAT/0346/01 Â Hambley v Texon UK Ltd [2002] UKEAT 1352_00_1903 19 Mar 2002 EAT Employment [ Bailii ] Â Cheapside (Ssi) Ltd v Bower [2002] UKEAT 678_01_1903 19 Mar 2002 EAT Employment [ Bailii ] Â Mahjoub v Initial Cleaning Services Ltd [2002] EWCA Civ 422 19 Mar 2002 CA Employment 1 Cites 1 Citers [ Bailii ] Â Deane v Mccartan (T/A Kernan Timbers Products Ltd) [2002] NIIT 2974_01 19 Mar 2002 NIIT Northern Ireland, Employment [ Bailii ] Â Din v Behan and Another [2002] UKEAT 1207_01_1903 19 Mar 2002 EAT Employment [ Bailii ] Â Wilding v British Telecommunications Plc [2002] EWCA Civ 349 19 Mar 2002 CA Lord Justice Brooke, Potter LJ Employment, Discrimination, Damages The employee challenged the Employment Tribunal’s finding, upheld by the EAT, that he had not acted reasonably in refusing an offer of re-employment made by his employer. Held: The appeal failed. Potter LJ said: "As was made clear in the Judgment of the EAT, (at paragraph 64) the various authorities referred to by the Tribunal (see paragraph 22 and 23 above) and Payzu –v- Saunders are apt to establish the following principles which (in a form which I have somewhat recast) were accepted as common ground between the parties. (i) It was the duty of Mr Wilding to act in mitigation of his loss as a reasonable man unaffected by the hope of compensation from BT as his former employer; (ii) the onus was on BT as the wrongdoer to show that Mr Wilding had failed in his duty to mitigate his loss by unreasonably refusing the offer of re-employment; (iii) the test of unreasonableness is an objective one based on the totality of the evidence; (iv) in applying that test, the circumstances in which the offer was made and refused, the attitude of BT, the way in which Mr Wilding had been treated and all the surrounding circumstances should be taken into account; and (v) the court or tribunal deciding the issue must not be too stringent in its expectations of the injured party. I would add under (iv) that the circumstances to be taken into account included the state of mind of Mr Wilding." 1 Cites 1 Citers [ Bailii ] Â Cheapside (Ssl) Ltd (Formerly Schroder Securities Ltd) v J M Bower EAT/0678/01 19 Mar 2002 EAT His Honour Judge Peter Clark Employment EAT Procedural Issues - Employment Appeal Tribunal. [ EATn ] Â Devenney v The United Kingdom Times, 11 April 2002; 24265/94; [2002] ECHR 310 19 Mar 2002 ECHR Human Rights, Employment, Discrimination, Northern Ireland Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Not necessary to examine Art. 14 or Art. 13; Non-pecuniary damage - financial award; Costs and expenses partial award - Convention proceedings The applicant had wanted to complain of discrimination on religious grounds under the Act to an Fair Employment Tribunal. The Secretary of State for Northern Ireland issued a certificate under the section that he had been dismissed to protect public safety and public order, and that his claim was not to be entertained. He applied to the ECHR complaining that the Act denied him the right to a fair hearing. Held: The interference with his Article 6 rights was disproportionate and unlawful. Though states had a margin of appreciation, with interference with an individual's rights, limitations must not restrict or reduce the access left to the individual so that the very essence of the right was impaired. No explanation for the certificate had been or was to be given. Fair Employment (Northern Ireland) Act 1976 42 - European Convention on Human Rights 1 Cites [ Bailii ] - [ Bailii ] Â Aaronson and Co v Gobert [2002] UKEAT 1190_01_1903 19 Mar 2002 EAT Employment [ Bailii ] Â Cheapside (SSL) Ltd (Formerly Schroder Securities Ltd) v J M Bower EAT/0678/01 19 Mar 2002 EAT His Honour Judge Peter Clark Employment An appeal was pending against a decision following a substantial claim for unfair dismissal and sex discrimination. The respondent company sought the chairman's notes of evidence. The only acceptable grounds for such an order would be an allegation that a finding was not supported by evidence. Held: In this case the central finding was that the applicant had been an 'average analyst'. In this case such an order was required and made. 1 Cites Â Ali v Glaxo Welcome Plc EAT/81/01 20 Mar 2002 EAT His Hon Judge Mcmullen Qc Employment EAT Unfair Dismissal - Other [ EATn ] Â Ali v Glaxo Welcome Plc [2002] EAT 0081_01_2003 20 Mar 2002 EAT Employment [ Bailii ] Â R S Hill v Howard Chapell EAT/1250/01 20 Mar 2002 EAT His Hon Judge Clark Employment EAT Working Time Regulations The appellant had left her employment and sued for her last salary due. She succeeded, but the tribunal deducted a small amount for overpaid holidays. Under the Act, the employer could recover an overpayment, but she said that under the regulations, an agreement was required to allow recovery. Held: The tribunal had erred. The regulations prevailed, and there was no workplace agreement in force. There was no implied agreement to the recovery of overpaid holiday pay. Employment Rights Act 1996 - Working Time Regulations 1998 14(4) Â Derbyshire and others v St Helens Metropolitan Borough Council [2002] UKEAT 1076_01_2003 20 Mar 2002 EAT Employment [ Bailii ] Â R S Hill v Howard Chapell EAT/1250/01 20 Mar 2002 EAT His Hon Judge Clark Employment EAT Working Time Regulations - (no sub-topic). [ EATn ] Â Hill v Chapell [2002] UKEAT 1250_01_2003 20 Mar 2002 EAT Employment [ Bailii ] Â Armstrong and Another v Honourable Company of Master Mariners [2002] UKEAT 0700_01_2003 20 Mar 2002 EAT Employment [ Bailii ] Â Ali v Glaxo Welcome Plc [2002] UKEAT 0081_01_2003 20 Mar 2002 EAT Employment [ Bailii ] Â Ali v Glaxo Welcome Plc EAT/81/01 20 Mar 2002 EAT His Hon Judge Mcmullen QC Employment EAT Unfair Dismissal - Other Â Maynard v Malton Bacon Factory [2002] UKEAT 0433_01_2003 20 Mar 2002 EAT Employment [ Bailii ] Â Clive Williams v The Devon and Cornwall Constabulary, The Devon and Cornwall Constabulary Widows, Orphans and Compassionate Fund EAT/238/00 21 Mar 2002 EAT Mr Commissioner Howell Qc Employment EAT Procedural Issues - Employment Appeal Tribunal [ EATn ] Â J M Walton v the Independent Living Organisation Ltd EAT/731/01 21 Mar 2002 EAT The Honourable Mr Justice Holland Employment EAT National Minimum Wage - (no sub-topic). [ EATn ] Â Commission v Italy - C-298/99 C-298/99; [2002] EUECJ C-298/99 21 Mar 2002 ECJ Employment ECJ Failure by a Member State to fulfil its obligations - Directive 85/384/EEC - Mutual recognition of formal qualifications in architecture - Access to the profession of architect - Article 59 of the EC Treaty (now, after amendment, Article 49 EC) Directive 85/384/EEC [ Bailii ] Â Â Unison v Sodexho Healthcare Initial Hospital Services; EAT 21-Mar-2002 - EAT/1467/01; [2002] UKEAT 1467_01_2103 Â Clive Williams v The Devon and Cornwall Constabulary the Devon and Cornwall Constabulary Widows, Orphans and Compassionate Fund EAT/238/00 21 Mar 2002 EAT Mr Commissioner Howell QC Employment EAT Procedural Issues - Employment Appeal Tribunal An application had been lodged on the morning of the appeal requesting an adjournment. Since his legal representative was not present and the case did involve an issue of law, an adjournment had to be granted however reluctantly. However a costs order would be made against the applicant for the costs thrown away. Employment Appeal Tribunal Rules 1993 34 Â Goro v Hackney and Another [2002] UKEAT 191_01_2103 21 Mar 2002 EAT Employment [ Bailii ] Â J M Walton v The Independent Living Organisation Ltd Times, 10 May 2002; EAT/731/01 21 Mar 2002 EAT The Honourable Mr Justice Holland Employment The applicant worked as a care assistant. She was required to be resident but worked shifts through the week. She appealed a finding that she was working 'unmeasured time' under regulation 6, asserting that it should have been judged to be 'time work' Held: It was important to look at the actual average hours worked, and the pay reference period, and the amount of pay. There was an agreement as to the amount of work done, and therefore the pay calculation was made by reference to that agreement. The fact that a finding that the worker was engaged in 'time work' would lead to her being priced out of work, was not a relevant consideration. EAT National Minimum Wage - National Minimum Wage Regulations 1999 (1999 No 584) 3(a) 6 1 Cites 1 Citers Â Peoples (Liverpool) Ltd v Maddock [2002] UKEAT 1084_01_2103 21 Mar 2002 EAT Employment [ Bailii ] Â Williams v Devon and Cornwall Constabulary [2002] UKEAT 0238_00_2103 21 Mar 2002 EAT Employment [ Bailii ] Â Welsh Refugee Council v Brown EAT/32/02 22 Mar 2002 EAT The Honourable Mr Justice Holland Employment EAT Unfair Dismissal - Other Â Fyffes Group Ltd v Bazley [2002] UKEAT 1043_01_2203 22 Mar 2002 EAT Employment 1 Citers [ Bailii ] Â General Medical Council v Cox [2002] UKEAT 76_01_2203 22 Mar 2002 EAT Employment [ Bailii ] Â Helm v C P Freight Ltd [2002] UKEAT 1211_01_2203 22 Mar 2002 EAT Employment [ Bailii ] Â Knodt v London Borough of Camden and Lowton [2002] UKEAT 948_01_2203 22 Mar 2002 EAT Employment 1 Cites [ Bailii ] Â General Medical Council v H Cox Times, 16 April 2002; EAT/0076/01 22 Mar 2002 EAT The Honourable Mr Justice Holland Employment, Discrimination Miss Cox claimed that the Council had not made a proper adjustment so as to allow her to work for them despite her disability. The Council asserted as a preliminary point that they were not a trade organisation within the sections, and so were not caught by the provisions. They appealed a finding against them. Held: The Council was established under the Medical Acts as a regulatory body, setting professional standards so as to protect the public. The involvement in its procedures of the Privy Council confirmed that it operated as a public body, and not a trade organisation. The court should look to the predominant purpose of the organisation. “Is the GMC a trade organisation within the meaning of Section 13? In our judgment it is beyond argument that that at its inception the purpose for which this organisation existed was the protection of the public, and particularly those members of such that had to consult a medical practitioner. The preamble to the 1858 Act said as much and it would be surprising if Parliament of its own volition made an enactment for the purposes of the medical profession. Has the position since changed? We think not. The functions of the GMC are to be those assigned by the Medical Act 1983 (see Section 1(1)), which functions, as emerging from the ensuing sections, are in great substance directly or indirectly concerned with setting and attaining the professional standards that serve to protect the public. We readily accept Mr. Henshaw’s submission that the activities of the GMC serve to maintain the status and reputation of the medical profession and are thus of a benefit to it but that consideration cannot serve to displace the predominant purpose of public protection. Indeed if the medical profession, as such, does benefit from the GMC and its functioning it is arguably because this organisation does not exist for its ‘purpose’ but for the ‘purpose’ of the public, setting standards that are not compromised by self-interest.” Disability Discrimination Act 1995 13 68 - Medical Act 1858 - Medical Act 1983 1 Citers [ EAT ] Â Dr I Kovacs v Queen Mary and Westfield College and Another Times, 12 April 2002; Gazette, 10 May 2002; [2002] Emp LR 940; [2002] ICR 919; [2002] IRLR 414 22 Mar 2002 CA Lord Justice Simon Brown, Lord Justice Chadwick and Mr Justice Charles Employment, Costs The claimant had had mixed success in claims for race discrimination, but appealed orders to pay to the costs of the respondents. She claimed to be impecunious and that that should have been taken into account before deciding whether a costs order should be made against her. Should a costs sanction be available to restrain the vexatious litigant whether poor or not? Held: The tribunal should look at neither party's means to decide whether a costs order should be made. The restriction on awards of costs unless for misbehaviour remains an appropriate protection of a litigant, and a tribunal does not have the facility to investigate means. The extension of the rules to allow awards for misbehaviour of representatives supported this view. Earlier case law not having dealt with this point at this level the court was free to make its own choice in the matter. Industrial Tribunals (Constitution and Rules of Procedure) Regulations 1993 (1993 No 2687) 12 1 Cites [ Bailii ] Â Senior v Nesco Group [2002] UKEAT 1216_01_2203 22 Mar 2002 EAT Employment [ Bailii ] Â F Maxham v Provend Services Ltd EAT/465/01 22 Mar 2002 EAT Mr Commissioner Howell Qc Employment EAT Unfair Dismissal - Procedural fairness/automatically unfair dismissal. [ EATn ] Â Paggetti v Cobb [2002] UKEAT 136_01_2203 22 Mar 2002 EAT Employment [ Bailii ] Â Welsh Refugee Council v Ms Hilary Brown EAT/32/02 22 Mar 2002 EAT The Honourable Mr Justice Holland Employment EAT Unfair Dismissal - Other [ EATn ] Â Tulett v B and Q Plc [2002] UKEAT 1210_01_2203 22 Mar 2002 EAT Employment [ Bailii ] Â Drury v Bedford Hospital NHS Trust [2002] UKEAT 1402_00_2503; EAT/1402/00 25 Mar 2002 EAT The Honourable Mr Justice Holland Employment, Discrimination EAT Disability Discrimination - Disability. [ Bailii ] - [ EAT ] Â Friend v Hazemead Ltd [2002] UKEAT 0143_01_2503 25 Mar 2002 EAT Employment [ Bailii ] Â Longbridge International Plc v M De Luca EAT/0766/01 25 Mar 2002 EAT The Honourable Mr Justice Holland Employment EAT Unlawful Deduction from Wages The company first suspended the employee, and he then resigned. He had been owed substantial sums of commission, which were not wages within the contract. The sums were not paid and he claimed an unlawful deduction from his wages. The employers argued that the commission ceased to be payable during the suspension, and that during the suspension only the basic rate of pay was due to be paid, and that had been paid. Held: The contract expressed itself to cover all matters, and as it limited the employers duties must be construed contra preferentem. To restrict the right to be paid commission accrued due, much clearer terms would be required. The sums were properly payable. Employment Rights Act 1996 13(3) Â Watkins v Secretary of State for Trade and Industry and Another [2002] UKEAT 1226_01_2503 25 Mar 2002 EAT Employment [ Bailii ] Â Khan v Akhter Computers Ltd [2002] UKEAT 1132_01_2503 25 Mar 2002 EAT Employment [ Bailii ] Â Gillen v Kelly (Unfair Dismissal) [2002] NIIT 30 25 Mar 2002 NIIT Northern Ireland, Employment [ Bailii ] Â Hardman v Mallon (T/A Orchard Lodge Nursing Home) [2002] UKEAT 0360_01_2503 25 Mar 2002 EAT Employment [ Bailii ] Â Mr and Mrs Gale (T/A Country Harvest) v Lanna and Another [2002] UKEAT 1207_01_2503 25 Mar 2002 EAT Employment [ Bailii ] Â Chivas Brothers Ltd v Kenneth J Wales EAT/1146/01 25 Mar 2002 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â L Friend v Hazemead Ltd EAT/143/01 25 Mar 2002 EAT Mr Commissioner Howell Qc Employment EAT Unfair Dismissal - Compensation. [ EATn ] Â Longbridge International Plc v M De Luca EAT/0766/01 25 Mar 2002 EAT The Honourable Mr Justice Holland Employment EAT Unlawful Deduction from Wages - (no sub-topic). [ EATn ] Â Lionspeed Ltd v Iqbal [2002] UKEAT 1196_01_2503 25 Mar 2002 EAT Employment [ Bailii ] Â L Friend v Hazemead Ltd EAT/143/01 25 Mar 2002 EAT Mr Commissioner Howell QC Employment, Damages EAT Unfair Dismissal - Compensation The appellant had been dismissed summarily, but had not been given a chance to explain her position. She succeeded in a claim for unfair dismissal, but even thought there was no contribution to her dismissal, the decision would have been the same, and damages were reduced accordingly. Held: The tribunal had made no error in law, but had followed Polkey. A finding that an employer was demanding was not a finding that any decision she made would be unreasonable. 1 Cites Â Birch v Nnr Aircargo Service (Uk) Ltd [2002] UKEAT 1307_01_2503 25 Mar 2002 EAT Employment [ Bailii ] Â Chivas Brothers Ltd v Kenneth J Wales EAT/1146/01 25 Mar 2002 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Reason for Dismissal Â R H Syed v Department of Social Security EAT732/01 26 Mar 2002 EAT His Hon Judge Clark Employment EAT Unlawful Deduction from Wages - (no sub-topic). [ EATn ] Â Robert Pender v The Highland Council EAT/1246/01 26 Mar 2002 EAT The Honourable Lord Johnston Employment EAT Jurisdiction - (no sub-topic). [ EATn ] Â Rajani v Field Boxmore Packaging Ltd [2002] UKEAT 1144_01_2603 26 Mar 2002 EAT Employment [ Bailii ] Â R H Syed v Department of Social Security EAT732/01 26 Mar 2002 EAT His Hon Judge Clark Employment The claimant's application for damages for an unlawful deduction from his wages had been dismissed as out of time. He appealed. He was claiming arrears of payments going back over years after prolonged disputes between his union and the employer. Held: The tribunal had made no discernible error of law. However it had not made findings on two heads of claim and these were remitted to a fresh tribunal. 1 Cites Â Steele v Boston Borough Council [2002] UKEAT 1083_01_2603 26 Mar 2002 EAT Employment 1 Citers [ Bailii ] Â Eyitene v Post Office [2002] UKEAT 0859_01_2603 26 Mar 2002 EAT Employment [ Bailii ] Â Syed v Department of Social Security [2002] UKEAT 0732_01_2603 26 Mar 2002 EAT Employment [ Bailii ] Â Tuck v Fish Brothers [2002] UKEAT 0380_01_2603 26 Mar 2002 EAT Employment [ Bailii ] Â Twinmar Ltd v Sale [2002] UKEAT 1143_01_2603 26 Mar 2002 EAT Employment [ Bailii ] Â Roper v St Pauls Church of England [2002] UKEAT 1042_01_2603 26 Mar 2002 EAT Employment [ Bailii ] Â Vyas v Camden [2002] UKEAT 1153_01_2703 27 Mar 2002 EAT Employment [ Bailii ] Â Tthe City of Edinburgh Council v Ms Agnes Masters EAT/1247/01 27 Mar 2002 EAT The Honourable Lord Johnston Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â John Baillie T/A John Baillie Carpets v D Mcfarlane EAT/1229/01 28 Mar 2002 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Procedural fairness/automatically unfair dismissal. [ EATn ] Â MPB Structure Ltd v Alexander Michael James Munro EAT/1257/01 28 Mar 2002 EAT The Honourable Lord Johnston Employment The company appealed a finding that a provision of their contract was void as purporting to make payments of wages in lieu of holiday pay. Held: The aim of the regulations was to ensure that people did receive the holidays to which they were entitled. The provision could have the effect of making it difficult to find the pay at the time when it was taken. The satisfactory way is to make the payment at the time when the holiday was taken. 1 Citers Â Mpb Structure Ltd v Alexander Michael James Munro EAT/1257/01 28 Mar 2002 EAT The Honourable Lord Johnston Employment EAT Unlawful Deduction from Wages - (no sub-topic). [ EATn ] Â John Baillie T/A John Baillie Carpets v D McFarlane EAT/1229/01 28 Mar 2002 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Procedural Fairness Â G W Padley Vegetables Limited v A Theed EAT/0590/01 10 Apr 2002 EAT His Honour Judge Peter Clark Employment, Discrimination The respondent appealed a decision to allow the claimant to amend her claim for race discrimination. She had included details of alleged racial abuse, but claimed only unfair dismissal. No new facts were alleged, and the amendment would be out of time. Following Harvey, the tribunal had said it was a mere mater of labelling, and time limits did not apply. Held: The tribunal was correct. The defendant was not prejudiced because the defence of limitation was still available. 1 Cites Â Bewry v Cumbria County Council [2002] UKEAT 1122_01_1004 10 Apr 2002 EAT Peter Clark HHJ Employment Appeal against rejection of complaint of unfair dismissal. Held: The appeal failed raising no arguable point of law. 1 Cites 1 Citers [ Bailii ] Â Market Force (Uk) Ltd v A D Hunt EAT/393/01; [2002] IRLR 863 10 Apr 2002 EAT Mr Recorder Langstaff QC Employment EAT Procedural Issues - Employment Tribunal 1 Cites 1 Citers Â Market Force (Uk) Ltd v Hunt [2002] UKEAT 393_01_1004 10 Apr 2002 EAT Employment [ Bailii ] Â Market Force (Uk) Ltd v A D Hunt EAT/393/01 10 Apr 2002 EAT Mr Recorder Langstaff Qc Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â Irish v Southwark Action for Voluntary Organisations [2002] UKEAT 1287_01_1004 10 Apr 2002 EAT Employment [ Bailii ] Â Glass Systems (Uk) Ltd v Allsopp [2002] UKEAT 177_01_1004 10 Apr 2002 EAT Employment [ Bailii ] Â Blp UK Ltd v Marsh [2002] UKEAT 187_01_1004 10 Apr 2002 EAT Employment [ Bailii ] Â Robertson v Hymers College [2002] UKEAT 1517_00_1004 10 Apr 2002 EAT Employment [ Bailii ] Â G W Padley Vegetables Limited v A Theed EAT/0590/01 10 Apr 2002 EAT His Honour Judge Peter Clark Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â Poupart Ltd v Hounsell and Another (T/A Poupart Fruit and Vegetable Market) [2002] UKEAT 712_01_1004 10 Apr 2002 EAT Employment [ Bailii ] Â G W Padley Vegetables Ltd v Theed [2002] UKEAT 0590_01_1004 10 Apr 2002 EAT Employment [ Bailii ] Â Brown v Tomlinson and others (T/A Tomlinsons Dairies) [2002] UKEAT 186_01_1004 10 Apr 2002 EAT Employment Appeal against the Decision of the Shrewsbury Employment Tribunal dismissing by a majority the claims of unfair dismissal the appellant had brought against his former employers. [ Bailii ] Â Norris and others v Brown and Root Ealing Technical Services Ltd [2002] UKEAT 386_00_1004 10 Apr 2002 EAT Employment [ Bailii ] Â Narang v Bloomfield and Another [2002] UKEAT 0446_01_1004 10 Apr 2002 EAT Employment [ Bailii ] Â Balfour Beatty Power Networks Ltd v Tucker and others [2002] UKEAT 182_01_1004 10 Apr 2002 EAT Employment [ Bailii ] Â Cook v Tower Hamlets [2002] UKEAT 488_01_1104 11 Apr 2002 EAT Employment [ Bailii ] Â Cox v Excalibur Boats International [2002] UKEAT 0955_01_1104 11 Apr 2002 EAT Employment [ Bailii ] Â Hashimoto Ltd v Mcintosh [2002] UKEAT 1151_01_1104 11 Apr 2002 EAT Employment [ Bailii ] Â F Hutton v Joseph William Thompson EAT/0079/01 11 Apr 2002 EAT Mr Recorder Langstaff Qc Employment EAT Working Time Regulations - (no sub-topic). [ EATn ] Â Janet Matthews v Kingston District and Community NHS Trust EAT/53/01 11 Apr 2002 EAT His Hon Judge J R Reid QC Employment EAT Unfair Dismissal - Reason for Dismissal Â Hutton v Thompson [2002] EAT 0079_01_1104 11 Apr 2002 EAT Employment [ Bailii ] Â Janet Matthews v Kingston District and Community NHS Trust EAT/53/01 11 Apr 2002 EAT His Hon Judge J R Reid Qc Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â Matthews v Kingston District and Community NHS Trust [2002] UKEAT 53_01_1104 11 Apr 2002 EAT Employment [ Bailii ] Â Dr K Singh v Department of Health EAT/1261/01 11 Apr 2002 EAT The Honourable Mr Justice Burton (P) Employment EAT Unfair Dismissal - Constructive dismissal. [ EATn ] Â F Hutton v Joseph William Thompson EAT/0079/01 11 Apr 2002 EAT Mr Recorder Langstaff QC Employment EAT Working Time Regulations - Â B Cook v London Borough of Tower Hamlets EAT/488/01 11 Apr 2002 EAT The Honourable Mr Justice Lindsay (P) Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â Aziz v South Tyneside Health Care Trust [2002] UKEAT 1175_01_1104 11 Apr 2002 EAT Employment 1 Citers [ Bailii ] Â Hutton v Thompson [2002] UKEAT 0079_01_1104 11 Apr 2002 EAT Employment [ Bailii ] Â A Oyemade v the Famil Housing Association EAT/635/01 12 Apr 2002 EAT His Hon Judge J R Reid Qc Employment EAT Jurisdiction - (no sub-topic). [ EATn ] Â A Oyemade v the Famil Housing Association EAT/635/01 12 Apr 2002 EAT His Hon Judge J R Reid QC Employment EAT Jurisdiction - Â David Barry v Bateman Catering Limited EAT/1515/00 12 Apr 2002 EAT His Hon Judge Clark Employment, Contract EAT Contract of Employment - Breach of Contract The employee had been subject to a TUPE transfer which preserved certain rights, excluding application of the new employers staff handbook. Later he signed a new contract applying the staff contract. The employer claimed he was entitled to the redundancy payment as set out in the first handbook. Held: The contact had been varied. There was a distinction to be made between a statement of terms and a contract, but the variations in this case were to the contract. The variations included individually negotiated improvements in terms, and the move to the staff handbook was part of the new agreement. Â RCO Support Services Ltd v Unison and others [2002] EWCA Civ 464; [2002] IRLR 401; [2002] ICR 751; [2002] 2 CMLR 34; [2002] Emp LR 690 12 Apr 2002 CA Hale, Pill, Mummery LJJ Employment TUPE Transfer of Undertakings (Protection of Employment) Regulations 1981 1 Cites 1 Citers [ Bailii ] Â David Barry v Bateman Catering Limited EAT/1515/00 12 Apr 2002 EAT His Hon Judge Clark Employment EAT Contract of Employment - Breach of Contract. [ EATn ] Â Barry v Bateman Catering Ltd [2002] UKEAT 1515_00_1204 12 Apr 2002 EAT Employment [ Bailii ] Â Pointon and others v Bba Friction Ltd [2002] UKEAT 1380_00_1204 12 Apr 2002 EAT Employment [ Bailii ] Â McClements v Precision Industrial Services Ltd [2002] NIIT 32 12 Apr 2002 NIIT Northern Ireland, Employment (Constructive Dismissal) [ Bailii ] Â British Airways Holidays v Boakye [2002] UKEAT 1192_01_1204 12 Apr 2002 EAT Employment [ Bailii ] Â Gilbert and others v Barnsley Metropolitan Borough Council [2002] UKEAT 674_00_1204; EAT/674/00 12 Apr 2002 EAT Wall J Employment EAT Mr Gilbert was paid for 44 weeks a year, of which 38 weeks were those in which he was required to work. The issue was whether, as the ET had held, 'a week's pay' fell to be calculated by dividing the annual salary payable monthly to the employees by 52; or whether it fell to be divided by 44. Held: The EAT allowed the employees' appeal. The applicable denominator was the number of weeks for which the employee is paid, including weeks of paid holiday entitlement. Wall J said: "Although the contracts of employment in this case are agreed to be annual contracts, we cannot lose sight of the reality, which seems to us to be at the heart of each of these contracts, namely that the Appellants were paid to work for a total of 43 or 44 weeks a year (including holiday periods) and that none of the Appellants was required to work, did work, or were paid to work in the remaining 8/9 weeks of the year. Mr Gilbert's contract of employment says in terms that he is "employed in a term-time only capacity for 37 hours a week". The contract goes on to make it clear that he was paid for 44 weeks a year, and that the actual working year is 38 weeks and 2 days, with the balance of 5 weeks and 3 days being a pro rata payment of annual and public holidays applicable to full time staff. In this context, it is difficult to regard the manner of payment "in twelve equal instalments" as being other than an administrative convenience, and we cannot give it the weight which Mr Cavanagh's submissions require it to be given." 1 Cites 1 Citers [ Bailii ] - [ EAT ] Â Campbell v Onuegbu and others [2002] UKEAT 1402_01_1204 12 Apr 2002 EAT Employment 1 Cites 1 Citers [ Bailii ] Â Oyemade v Family Housing Association [2002] UKEAT 635_01_1204 12 Apr 2002 EAT Employment [ Bailii ] Â Wright v Bilton High School and Another [2002] UKEAT 113_01_1204 12 Apr 2002 EAT Employment [ Bailii ] Â Mitie Managed Services Ltd v French and others [2002] UKEAT 408_00_1204; [2002] ICR 1395; [2002] IRLR 512 12 Apr 2002 EAT Employment Transfer of Undertakings (Protection of Employment) Regulations 1981 1 Cites 1 Citers [ Bailii ] Â Legg Brothers Ltd v Fullwood [2002] UKEAT 0587_01_1204 12 Apr 2002 EAT Employment [ Bailii ] Â Sibley v Girls Day School Trust, Norwich High School for Girls [2002] UKEAT 1368_01_1204 12 Apr 2002 EAT Employment 1 Citers [ Bailii ] Â Donlon v City of Wakefield Mdc [2002] UKEAT 1431_01_1204 12 Apr 2002 EAT Employment [ Bailii ] Â Clarke v Securitas UK Ltd [2002] UKEAT 1400_01_1204 12 Apr 2002 EAT Employment [ Bailii ] Â Shodeke v Hill and others [2002] EWCA Civ 599 15 Apr 2002 CA Employment [ Bailii ] Â Warren v S and N Pubs and Restaurants Ltd [2002] UKEAT 1376_01_1504 15 Apr 2002 EAT Employment [ Bailii ] Â Wedgewood v Hortimax Ltd [2002] UKEAT 997_01_1504 15 Apr 2002 EAT Employment [ Bailii ] Â Jarrett v Birmingham City Council and others [2002] UKEAT 1087_01_1504 15 Apr 2002 EAT Employment [ Bailii ] Â Surjit Bopari v Grasshopper Babywear (Woverhampton ) Ltd EAT/284/01 16 Apr 2002 EAT The Honourable Mr Justice Lindsay (P) Employment EAT National Minimum Wage - (no sub-topic). [ EATn ] Â Jack v Pinkerton Security Services Ltd [2002] UKEAT 1142_01_1604 16 Apr 2002 EAT Employment 1 Cites [ Bailii ] Â Husband v Durham Police Authority [2002] UKEAT 1201_01_1604 16 Apr 2002 EAT Employment [ Bailii ] Â Keyhaven International Ltd v Ewart [2002] UKEAT 1194_01_1604 16 Apr 2002 EAT Employment [ Bailii ] Â Guild Community Healthcare NHS Trust v Barr [2002] UKEAT 109_01_1604 16 Apr 2002 EAT Employment [ Bailii ] Â Smith v United Assurance Employee Services Ltd [2002] UKEAT 0743_01_1704 17 Apr 2002 EAT Employment [ Bailii ] Â London Borough of Southwark v Jiminez EAT/1326/99 17 Apr 2002 EAT The Honourable Mr Justice Bell Discrimination, Employment EAT Contract of Employment - Breach of Contract. 1 Citers [ EAT ] Â Whitmore and Another v HM Prison Service [2003] UKEAT 1185_01_2703; [2002] UKEAT 1185_01_1704 17 Apr 2002 EAT Employment 1 Citers [ Bailii ] - [ Bailii ] Â Austin Roberts Ltd v Knaggs [2002] UKEAT 1197_00_1704; EAT/862/01; EAT/1197/00 17 Apr 2002 EAT The Honourable Mr Justice Lindsay (P) Employment EAT Procedural Issues - Employment Tribunal. [ Bailii ] - [ EATn ] Â P Smith v United Assurance Employee Services Ltd EAT/743/01 17 Apr 2002 EAT His Hon Judge J R Reid Qc Employment EAT Unfair Dismissal - Other [ EATn ] Â Blp UK Limited v D Marsh EAT/187/01 18 Apr 2002 EAT Mr Recorder Langstaff Qc Employment EAT Unfair Dismissal - Other [ EATn ] Â D Wright v The East Riding of Yorkshire Council [2002] UKEAT 101_01_1804; EAT/101/01 18 Apr 2002 EAT His Hon Judge Clark Employment EAT Unfair Dismissal - Other [ Bailii ] - [ EATn ] Â Blp UK Limited v D Marsh EAT/187/01 18 Apr 2002 EAT Mr Recorder Langstaff QC Employment EAT Unfair Dismissal - Other 1 Cites 1 Citers Â The Governing Body of Old Leake Primary and Nursery School v J R Kirk EAT/764/01 18 Apr 2002 EAT His Hon Judge Clark Employment EAT Unfair Dismissal - Other [ EATn ] Â The Governing Body of Old Leake Primary and Nursery School v J R Kirk EAT/764/01 18 Apr 2002 EAT His Hon Judge Clark Employment EAT Unfair Dismissal - Other Â the Governing Body of Old Leake Primary and Nursery School v J R Kirk EAT/0764/01 18 Apr 2002 EAT His Honour Judge Peter Clark Employment EAT Procedural Issues - Employment Appeal Tribunal. [ EATn ] Â Barrett v Dickson Manchester and Co Ltd [2002] EWCA Civ 574 18 Apr 2002 CA Employment Application for leave to appeal out of time against dismissal for claim for unfair dismissal. [ Bailii ] Â Davies v Cooper Cleaning UK Ltd [2002] UKEAT 1136_01_1804 18 Apr 2002 EAT Employment [ Bailii ] Â The Governing Body of Old Leake Primary and Nursery School v J R Kirk EAT/0764/01 18 Apr 2002 EAT His Honour Judge Peter Clark Employment EAT Procedural Issues - Employment Appeal Tribunal An appeal had been lodged against an IT finding. Counsel had filed a holding response, anticipating an opportunity to amend and amplify the response at an oral application for directions. Under the new procedure, the case was to go straight to a full hearing. He appealed refusal of leave to amend the papers. Held: The case was substantial. The proposed amendments raised proper issues, and the appeal was allowed. 1 Cites Â Old Leake Primary and Nursery School v Kirk [2002] UKEAT 0764_01_1804 18 Apr 2002 EAT Employment [ Bailii ] Â Hoyer (Uk) Ltd v Capaldi [2002] UKEAT 1154_01_1804 18 Apr 2002 EAT Employment [ Bailii ] Â Holdgate Ltd (T/A Uncle Sam's American Diner) v Jump In the Sax Ltd and Another [2002] UKEAT 0184_01_1904 19 Apr 2002 EAT Employment 1 Cites 1 Citers [ Bailii ] Â B Brown v the Methodist Council EAT162/01 19 Apr 2002 EAT His Hon Judge J R Reid Qc Employment EAT Unfair Dismissal - Contributory fault. [ EATn ] Â Sheffield City Council Direct Services v R W Barton EAT/779/01 19 Apr 2002 EAT The Honourable Mr Justice Wall Employment EAT Jurisdiction - (no sub-topic). [ EATn ] Â Longbridge International Plc v Luca [2002] UKEAT 766_01_1904 19 Apr 2002 EAT Employment [ Bailii ] Â Devani v Nottingham City Council and others [2002] UKEAT 0827_01_1904 19 Apr 2002 EAT Employment [ Bailii ] Â P Raja v Govering Body of Jack Hunt School, Peterborough City Council EAT/1502/00 19 Apr 2002 EAT The Honourable Mr Justice Lindsay (P) Employment EAT Unfair Dismissal - Procedural fairness/automatically unfair dismissal. [ EATn ] Â Lisinge v Attlaw Security Ltd and others [2002] UKEAT 0633_01_1904 19 Apr 2002 EAT Employment [ Bailii ] Â Lookers Motors Ltd (T/A Lookers Oldham) v Halliday [2002] UKEAT 1289_01_1904 19 Apr 2002 EAT Employment [ Bailii ] Â Â Six Continents Retail Ltd (Formerly Bass Taverns Limited T/A Bass Leisure Retail) v Hughes; EAT 19-Apr-2002 - EAT/1312/00; [2002] UKEAT 1312_00_1904 Â Beattie v Convatec Tld [2002] UKEAT 1296_01_1904 19 Apr 2002 EAT Employment [ Bailii ] Â B Brown v The Methodist Council EAT162/01; [2002] UKEAT 162_01_1904 19 Apr 2002 EAT His Hon Judge J R Reid QC Employment EAT Unfair Dismissal - Contributory Fault The Council had undergone a re-organisation, resulting in a reduction of their requirement. They treated the employee as a member of a pool of one. To soften the blow, they continued to employ him, finding work as they could. He appealed a dismissal of his claim for unfair dismissal. Held: The Tribunal had properly considered the question of who was to be considered also for redundancy. The decision of the tribunal was unimpeachable in law, and the appeal was dismissed. [ Bailii ] Â Ratcliffe v J Hussaney Chester City Football Club [2002] UKEAT 1411_01_1904 19 Apr 2002 EAT Employment [ Bailii ] Â Forbouys Ltd v Rich [2002] UKEAT 144_01_1904 19 Apr 2002 EAT Employment [ Bailii ] Â Farley v Prison Service [2002] UKEAT 359_01_1904 19 Apr 2002 EAT Employment [ Bailii ] Â Able and others v IBC Vehicles Ltd EAT/409/01 20 Apr 2002 EAT His Hon Judge Clark Employment, Contract The parties sought construction of a term of the contract of employment as to the payments due when an employee was not required to work (lay-off). It provided for a payment during such a period, but the company suspended the clause after two weeks. Had the company given appropriate notice? Held: The EAT was in as good a position as the original tribunal to construe a document. There were no issues of fact to settle. The clause required work to be unavailable at the time when the notice was given. The company could not give notice anticipating reduced demand. The idea was to give the workforce a breathing space once the company found itself in this position. There had been an unlawful deduction from the wages. Â R Able and others v Ibc Vehicles Ltd EAT/409/01 20 Apr 2002 EAT His Hon Judge Clark Employment EAT National Minimum Wage - (no sub-topic). [ EATn ] Â Roberts v Skelmersdale College [2002] UKEAT 01_1094_2204 22 Apr 2002 EAT Employment 1 Citers [ Bailii ] Â Williams v Allport Ltd [2002] UKEAT 1131_01_2204 22 Apr 2002 EAT Employment [ Bailii ] Â Smith v Sabre Cleaning Services Ltd and Another [2002] UKEAT 1190_00_2204 22 Apr 2002 EAT Employment [ Bailii ] Â Ronald Mcleod, James Welsh v Charles Bingram T/Aphoenix Taxis, Rainbow Cars Ltd T/A Rainbow Taxis EAT/1344/01 22 Apr 2002 EAT The Honourable Lord Johnston Employment EAT Transfer of Undertakings - Transfer. [ EATn ] Â P A Williams v Allport Limited EAT/1131/01 22 Apr 2002 EAT The Honourable Mr Justice Wall Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â Coax Connectors Ltd v Templeton [2002] UKEAT 1133_01_2204 22 Apr 2002 EAT Employment [ Bailii ] Â P A Williams v Allport Limited EAT/1131/01 22 Apr 2002 EAT The Honourable Mr Justice Wall Employment EAT Procedural Issues - Employment Tribunal Â A Walker v the Co-Operative Insurance Society EAT/754/01 22 Apr 2002 EAT His Hon Judge Clark Employment EAT Unfair Dismissal - Other [ EATn ] Â Ronald McLeod, James Welsh v Charles Bingram T/Aphoenix Taxis Rainbow Cars Ltd T/A Rainbow Taxis EAT/1344/01 22 Apr 2002 EAT The Honourable Lord Johnston Mr A J Ramsden Miss A Martin Employment EAT Transfer of Undertakings - Transfer A company purported to dissolve, but the business was then effectively resurrected by the second respondent. The claimants asserted that there had been a transfer under the regulations. Held: The claimants had to establish the existence of a relevant identifiable economic entity, capable of being transferred and a relevant transfer. The agreement referred to the transfer of the business. This was the starting point for consideration, and in this case was not mistaken. The tribunal had misdirected itself. Appeal allowed. Transfer of Undertakings (Protection of Employment) Regulations 1981 1 Cites Â J G Martin Plant Hire Ltd v Thomas Buchan EAT/1270/01 23 Apr 2002 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Compensation Â B G Ltd and Another v E J B and Another [2002] UKEAT 1253_01_2304 23 Apr 2002 EAT Employment [ Bailii ] Â John McMillan v Freight Co Business Travel Ltd EAT/1264/01 23 Apr 2002 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Compensation Â Jenvey v Australian Broadcasting Corporation [2002] EWHC 927 (QB); [2002] Emp LR 1255; [2003] ICR 79; [2002] IRLR 520 23 Apr 2002 QBD Employment [ Bailii ] Â J G Martin Plant Hire Ltd v Thomas Buchan EAT/1270/01 23 Apr 2002 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Compensation. [ EATn ] Â Soormally v Department of Social Security [2002] UKEAT 1085_00_2304 23 Apr 2002 EAT Employment [ Bailii ] Â John Mcmillan v Freight Co Business Travel Ltd EAT/1264/01 23 Apr 2002 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Compensation. [ EATn ] Â Briscoe v Lubrizol Limited [2002] EWCA Civ 508; [2002] IRLR 607; [2002] Emp LR 819 23 Apr 2002 CA Lord Justice Ward Lord Justice Potter And Mr Justice Bodey Employment, Contract The claimant had been employed by the respondents. Having been injured he claimed under a long-term disability scheme underwritten by insurers. They discontinued payment, and the company dismissed him. He now claimed damages for breach of contract. The issue centered on whether his benefit was governed by the company handbook or the insurance policy. Held: The handbook governed the contract, but incorporated the terms and benefits of the policy. The company had tried to contact him to discuss a return to work. They claimed to be entitled to treat his failure to reply as repudiatory of the contract. Though it is necessary for an employee to co-operate, the employer had concealed the true reason for the meetings requested, and the behaviour did not amount to repudiation. 1 Cites 1 Citers [ Bailii ] Â Dundee City Council v James Selbie EAT/1060/01 24 Apr 2002 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Procedural fairness/automatically unfair dismissal. [ EATn ] Â Â Lincolnshire County Council, Registrar General (Births Marriages and Deaths) v S Hopper; EAT 24-Apr-2002 - UKEAT/819/01 Â Community Living Concepts v Thomas Connor Aitken EAT/1088/01 24 Apr 2002 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â Community Living Concepts v Thomas Connor Aitken EAT/1088/01 24 Apr 2002 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Reason for Dismissal Â Dundee City Council v James Selbie EAT/1060/01 24 Apr 2002 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Procedural Fairness Â Jobling v Corporate Medical Management Ltd [2002] EWCA Civ 627 24 Apr 2002 CA Discrimination, Employment Disability Discrimination Act 1995 [ Bailii ] Â Crs Computers Ltd v Neil Mackenzie EAT/1259/01 25 Apr 2002 EAT The Honourable Lord Johnston Employment EAT Contract of Employment - Breach of Contract, [ EATn ] Â CRS Computers Ltd v Neil Mackenzie EAT/1259/01 25 Apr 2002 EAT The Honourable Lord Johnston Employment EAT Contract of Employment - Breach of Contract Â Carter (Deceased) v The Governing Body of Cannock Chase Technical College EAT/347/01; EAT/1427/00 25 Apr 2002 EAT His Hon Judge Clark Employment EAT Unfair Dismissal - Other [ EAT ] Â Briggs of Burton Plc v Oakes [2002] UKEAT 1019_01_2504 25 Apr 2002 EAT Employment [ Bailii ] Â Rosan Heims Plc v Duke and others [2002] UKEAT 1248_01_2504 25 Apr 2002 EAT Employment [ Bailii ] Â Jackson v Brown EAT/1059/01 25 Apr 2002 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EAT ] Â Nicholls v London Borough of Greenwich EAT/134/00 25 Apr 2002 EAT The Honourable Mr Justice Bell Employment EAT Contract of Employment - Written particulars. [ EAT ] Â Â Tran v Greenwich Vietnam Community Project; CA 25-Apr-2002 - Gazette, 23 May 2002; [2002] EWCA Civ 553; [2002] ICR 1101; [2002] IRLR 735 Â CRS Computers Ltd v Mackenzie [2002] UKEAT 1259_01_2504 25 Apr 2002 EAT Employment [ Bailii ] Â Walton v Independent Living Organisation Ltd [2002] UKEAT 731_01_2504 25 Apr 2002 EAT Employment [ Bailii ] Â Dale v St. Peter's High School and Another [2002] UKEAT 1188_01_2504 25 Apr 2002 EAT Employment [ Bailii ] Â Gibbins v Hunt (T/A Hunts Sheds) [2002] UKEAT 1239_01_2504 25 Apr 2002 EAT Employment [ Bailii ] Â OwusuAnsah v Woolworths Plc, Eastern [2002] UKEAT 1029_01_2504 25 Apr 2002 EAT Employment 1 Cites 1 Citers [ Bailii ] Â Prospects (Glasgow) Ltd v Sarah Kelly Patrick EAT/1420/01 26 Apr 2002 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Procedural Fairness Â O'Rourke v St Helens Borough Council [2002] UKEAT 1273_01_2604 26 Apr 2002 EAT Employment [ Bailii ] Â Roberts v Oracle Corporation UK Ltd [2002] UKEAT 1294_01_2604 26 Apr 2002 EAT Employment [ Bailii ] Â Pvc Vendo Plc v Morancie [2002] UKEAT 1292_01_2604 26 Apr 2002 EAT Employment [ Bailii ] Â Scott and others v Yorkshire Miners Welfare Convalescent Homes and Another [2002] UKEAT 0673_00_2604 26 Apr 2002 EAT Employment [ Bailii ] Â L A Preedy v J Smith T/A Easterhill Furniture H N Giddy EAT/193/01; [2002] UKEAT 193_01_2604 26 Apr 2002 EAT His Hon Judge J R Reid QC Employment EAT Procedural Issues - Employment Tribunal 1 Cites 1 Citers [ Bailii ] Â Pryce v Blair Travel and Leisure Ltd [2002] UKEAT 443_01_2604 26 Apr 2002 EAT Employment [ Bailii ] Â Prospects (Glasgow) Ltd v Sarah Kelly Patrick EAT/1420/01 26 Apr 2002 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Procedural fairness/automatically unfair dismissal. [ EATn ] Â British Bakeries Ltd v O'Brien EAT/1479/00; [2002] UKEAT 1479_00_2604 26 Apr 2002 EAT Mr Recorder Burke QC Employment EAT Contract of Employment - Breach of Contract [ Bailii ] - [ EAT ] Â Wilson v Sheffield City Council [2002] EWCA Civ 675 26 Apr 2002 CA Employment [ Bailii ] Â Melbourne v Ministry of Defence [2002] EWCA Civ 754 26 Apr 2002 CA Buxton LJ, Jackson J Employment, Discrimination, Armed Forces Renewed application for permission to appeal from a ruling of the Employment Appeal Tribunal. 1 Cites [ Bailii ] Â Abel and others v IBC Vehicles Ltd [2002] UKEAT 409_01_2604 26 Apr 2002 EAT Employment [ Bailii ] Â L A Preedy v J Smith T/A Easterhill Furniture, H N Giddy EAT/193/01 26 Apr 2002 EAT His Hon Judge J R Reid Qc Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â Slimline Windows (Yorkshire Ltd) v Whittington [2002] UKEAT 1323_01_2704 27 Apr 2002 EAT Employment [ Bailii ] Â Heritage Fairway Ltd v M R Bagg EAT/724/01 29 Apr 2002 EAT Her Honour Judge A Wakefield Employment EAT Unfair Dismissal - Contributory Fault Â McGregor v Board of Governors Holy Trinity College and others [2002] NIIT 232_99 29 Apr 2002 NIIT Northern Ireland, Employment [ Bailii ] Â Polat v Costa Coffee Ltd [2002] UKEAT 1382_00_2904 29 Apr 2002 EAT Employment [ Bailii ] Â Secretary of State for Work and Pensions and Another v Armstrong and others [2002] UKEAT 1225_01_2904 29 Apr 2002 EAT Employment [ Bailii ] Â Heritage Fairway Ltd v Bagg [2002] UKEAT 724_01_2904 29 Apr 2002 EAT Employment [ Bailii ] Â United Care Homes Ltd v Bennett [2002] UKEAT 1291_01_2904 29 Apr 2002 EAT Employment [ Bailii ] Â Heritage Fairway Ltd v M R Bagg EAT/724/01 29 Apr 2002 EAT Her Honour Judge A Wakefield Employment EAT Unfair Dismissal - Contributory fault. [ EATn ] Â Hall v Louei [2002] UKEAT 0317_01_3004 30 Apr 2002 EAT Employment [ Bailii ] Â A Bhadhuri v Doncaster Metropolitan Borough Council EAT/986/01 30 Apr 2002 EAT His Hon Judge Clark Discrimination, Employment EAT Race Discrimination - Jurisdiction The applicant challenged dismissal of his claim for direct race discrimination by his employers. He said that his employers failure to support his career progression over a long period of time constituted continuing discrimination. Did the Tribunal ask whether the Respondent had a genuine belief in the reasons put forward as explanation for the assumed less favourable treatment, to test whether there was a basis in fact for such belief. Held: It was clear that the tribunal had properly applied the tests in Anya to the evidence. Though he had been criticised, that criticism had been constructive. Appeal dismissed. Race Relations Act 1976 68(7)(b) 1 Cites Â Kaur v John L Brierley Ltd [2002] EWCA Civ 681 30 Apr 2002 CA Employment [ Bailii ] Â Adecco UK Ltd v Johnson [2002] UKEAT 1063_01_3004 30 Apr 2002 EAT Employment [ Bailii ] Â Integrity Financial Solutions v Hopkins [2002] UKEAT 0927_01_3004 30 Apr 2002 EAT Employment 1 Cites [ Bailii ] Â Bhadhuri v Doncaster Mbc [2002] UKEAT 986_01_3004 30 Apr 2002 EAT Employment [ Bailii ] Â Billany v Knutsford Conservative Club [2002] UKEAT 1313_00_3004 30 Apr 2002 EAT Employment [ Bailii ] Â British Medical Association v Chaudhary [2002] UKEAT 1351_01_3004 30 Apr 2002 EAT Employment, Health Professions, Discrimination 1 Citers [ Bailii ] Â D Billany v Knutsford Conservative Club EAT/1313/00 30 Apr 2002 EAT Her Honour Judge A Wakefield Employment EAT Contract of Employment - Definition of Employee Â Mullins v Commissioner of Police of the Metropolis [2002] UKEAT 1440_01_3004 30 Apr 2002 EAT Employment [ Bailii ] Â Bondswell v Yorkshire Environmental Solutions Ltd [2002] UKEAT 1366_01_3004 30 Apr 2002 EAT Employment [ Bailii ] Â Morgan v Regal Hotels Plc [2002] UKEAT 1468_01_3004 30 Apr 2002 EAT Employment [ Bailii ] Â A Hall v J Hamze Louei EAT/0317/00 30 Apr 2002 EAT The Honourable Mr Justice Wall Employment EAT Contract of Employment - Definition of employee. [ EATn ] Â Tibbett and Bitten UK Ltd v Burke [2002] UKEAT 1472_01_3004 30 Apr 2002 EAT Employment [ Bailii ] Â Intergrity Financial Solutions v D S Hopkins EAT/0927/01 30 Apr 2002 EAT His Hon Judge J R Reid Qc Employment EAT Unlawful Deduction from Wages - (no sub-topic). [ EATn ] Â D Billany v Knutsford Conservative Club EAT/1313/00 30 Apr 2002 EAT Her Honour Judge A Wakefield Employment EAT Contract of Employment - Definition of employee. [ EATn ] Â Shop and Bakery Equipment Ltd v Price [2002] UKEAT 1183_01_0105 1 May 2002 EAT Employment [ Bailii ] Â Scammell v Health and Safety Executive [2002] UKEAT 1235_01_0105 1 May 2002 EAT Employment [ Bailii ] Â Vimalanathan v Thomas (T/A A Thomas and Partners) [2002] UKEAT 1249_01_0105 1 May 2002 EAT Employment [ Bailii ] Â Oakley v Wakefield and Pontefract Community Health Service NHS Trust [2002] UKEAT 1197_01_0105 1 May 2002 EAT Employment [ Bailii ] Â Nelson v Carillion Services Ltd [2002] UKEAT 0837_01_0105 1 May 2002 EAT Employment 1 Cites 1 Citers [ Bailii ] Â Higgins and others v Ipel Ltd and Another [2002] UKEAT 1026_00_0105 1 May 2002 EAT Employment [ Bailii ] Â J P Mcdougall and Company Ltd (T/A ICI Dulux Decorator Centres) and Another v Nicholas [2002] UKEAT 1173_01_0105 1 May 2002 EAT Employment [ Bailii ] Â Toon v East Midlands Ambulance Service [2002] UKEAT 1433_01_0105 1 May 2002 EAT Employment [ Bailii ] Â Din v Behan and Another [2002] UKEAT 1207_01_0105 1 May 2002 EAT Employment [ Bailii ] Â Gregory v Scapa Filtration Ltd [2002] UKEAT 1323_01_0105 1 May 2002 EAT Employment [ Bailii ] Â D Rooke v Angliaan Water Services Ltd EAT/475/01 1 May 2002 EAT The Honourable Mr Justice Wall Employment EAT Unfair Dismissal - Other [ EATn ] Â A Jaffrey v Department of Environment Transport and Regions EAT/692/01 1 May 2002 EAT Mr Recorder Langstaff Qc Employment EAT National Minimum Wage - (no sub-topic). [ EATn ] Â A Jaffrey v Department of Environment Transport and Regions EAT/692/01 1 May 2002 EAT Mr Recorder Langstaff QC Employment EAT National Minimum Wage - Â Pedigree Masterfoods, A Division of Mars UK Ltd v Prince [2002] UKEAT 557_01_0205 2 May 2002 EAT Employment 1 Cites [ Bailii ] Â Maxham v Provend Services Ltd [2002] UKEAT 465_01_0205 2 May 2002 EAT Employment [ Bailii ] Â Ketwaroo v John Laing Services Ltd [2002] UKEAT 1293_01_0205 2 May 2002 EAT Employment [ Bailii ] Â Inland Revenue v St Hermans Estate Co Ltd [2002] UKEAT 0121_01_0205 2 May 2002 EAT Employment [ Bailii ] Â Graham Harvey (A Firm) v Legge [2002] UKEAT 1361_01_0205 2 May 2002 EAT Employment [ Bailii ] Â Eldridge Pope and Co v Parkes [2002] UKEAT 1160_01_0205 2 May 2002 EAT Employment [ Bailii ] Â Ekwulugo v Chubb Security Personnel [2002] UKEAT 1367_01_0205 2 May 2002 EAT Employment [ Bailii ] Â Connolly v Scottish Courage Ltd [2002] UKEAT 1424_01_0205 2 May 2002 EAT Employment [ Bailii ] Â Chima v Westinghouse Signals Ltd [2002] UKEAT 1106_00_0205 2 May 2002 EAT Employment [ Bailii ] Â Hamilton v Beardmore [2002] UKEAT 0586_01_0205; EAT/586/01 2 May 2002 EAT Her Honour Judge A Wakefield Employment, Discrimination EAT Sex Discrimination - Victimisation. [ Bailii ] - [ EATn ] Â B S Chima v Westinghouse Signals Limited EAT/1106/00 2 May 2002 EAT His Hon Judge Clark Employment EAT Procedural Issues - Employment Tribunal Â Flynn v Nii Racing Ltd and Another (Unfair Dismissal/Breach of Contract/Unlawful Deduction From Wages) [2002] NIIT 36 2 May 2002 NIIT Northern Ireland, Employment [ Bailii ] Â B S Chima v Westinghouse Signals Limited EAT/1106/00 2 May 2002 EAT His Hon Judge Clark Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â the Commission of the Inland Revenue v St Hermans Estate Co Ltd EAT/121/01 2 May 2002 EAT Mr Recorder Langstaff Qc Employment EAT National Minimum Wage - (no sub-topic). [ EATn ] Â The Commission of the Inland Revenue v St Hermans Estate Co Ltd EAT/121/01 2 May 2002 EAT Mr Recorder Langstaff QC Employment EAT National Minimum Wage - Â Mcmahon v Lb Meat Products Ltd [2002] NIIT 3715_01 2 May 2002 NIIT Northern Ireland, Employment [ Bailii ] Â J Kells v Pilkington Plc EAT/1435/00; [2002] UKEAT 1435_00_0205 2 May 2002 EAT The Honourable Mr Justice Lindsay (P) Employment, Discrimination EAT Equal Pay Act 1 Cites [ Bailii ] - [ EATn ] Â L A Robinson v the Home Office EAT/0533/01 3 May 2002 EAT Her Honour Judge A Wakefield Employment EAT Procedural Issues - Employment Tribunal Â London Borough of Meriton v A M Thomas EAT/0301/01 3 May 2002 EAT His Hon Judge J R Reid QC Employment EAT Contract of Employment - Written Particulars Â Wicks v Leander Club [2002] UKEAT 1312_01_0305 3 May 2002 EAT Employment [ Bailii ] Â L A Robinson v the Home Office EAT/533/01 3 May 2002 EAT Her Honour Judge A Wakefield Employment EAT Unfair Dismissal - Other Â L A Robinson v the Home Office EAT/533/01 3 May 2002 EAT Her Honour Judge A Wakefield Employment EAT Unfair Dismissal - Other [ EATn ] Â L A Robinson v the Home Office EAT/0533/01 3 May 2002 EAT Her Honour Judge A Wakefield Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â Jaafar v Flexal Springs Ltd [2002] UKEAT 1321_01_0305 3 May 2002 EAT Employment [ Bailii ] Â London Borough of Meriton v A M Thomas EAT/0301/01 3 May 2002 EAT His Hon Judge J R Reid Qc Employment EAT Contract of Employment - Written particulars. [ EATn ] Â Dr O E Mohammed v L Hayes EAT/1290/00 3 May 2002 EAT Mr Recorder Langstaff Qc Employment EAT Jurisdiction - (no sub-topic). [ EATn ] Â London Borough of Merton v A M Thomas EAT/301/01 3 May 2002 EAT His Hon Judge J R Reid Qc Employment EAT Jurisdiction - (no sub-topic). [ EATn ] Â Mohammed v Hayes [2002] UKEAT 1290_00_0305 3 May 2002 EAT Employment [ Bailii ] Â Parker v The Rangers Shops Ltd (Unfair Dismissal) [2002] NIIT 37 3 May 2002 NIIT Northern Ireland, Employment [ Bailii ] Â Elliman v Trustees and Guardians of Shakespeares Birthplace Trust [2002] UKEAT 1485_01_0305 3 May 2002 EAT Employment [ Bailii ] Â Williams v HM Prison Service [2002] EWCA Civ 809 3 May 2002 CA Employment, Discrimination [ Bailii ] Â Greenwich v Drobia [2002] UKEAT 695_01_0305; EAT/695/01 3 May 2002 EAT The Honourable Mr Justice Lindsay (P) Employment, Discrimination EAT Race Discrimination - Direct [ Bailii ] - [ EAT ] Â Robinson v Home Office [2002] UKEAT 0533_01_0305 3 May 2002 EAT Employment [ Bailii ] Â Gordon v St Mary's Church of England Primary School [2002] UKEAT 1441_01_0305 3 May 2002 EAT Employment [ Bailii ] Â Dr O E Mohammed v L Hayes EAT/1290/00 3 May 2002 EAT Mr Recorder Langstaff QC Employment EAT Jurisdiction - Â Merton v Thomas [2002] UKEAT 0301_01_0305 3 May 2002 EAT Employment [ Bailii ] Â Hammond v Inland Revenue [2002] UKEAT 1455_00_0705 7 May 2002 EAT Employment [ Bailii ] Â Latchman v Reed Business Information Ltd [2002] EWCA Civ 729 7 May 2002 CA Discrimination, Employment [ Bailii ] Â Stockton Casting Co Ltd v Sexton [2002] UKEAT 1015_01_0705 7 May 2002 EAT Employment [ Bailii ] Â Dowuona v Essex County Council [2002] UKEAT 1212_01_0705 7 May 2002 EAT Employment [ Bailii ] Â C L Hammond v Commissioners of Inland Revenue EAT/1455/00 7 May 2002 EAT His Hon Judge Clark Employment EAT Procedural Issues - Employment Tribunal Â Buxton v Initial Contract Services Ltd [2002] UKEAT 0967_01_0705 7 May 2002 EAT Employment [ Bailii ] Â Jones v London Borough of Havering and Another [2002] UKEAT 1099_01_0705 7 May 2002 EAT Employment [ Bailii ] Â Fontana (Gb) Ltd v Andrea Fabio EAT/140/01 7 May 2002 EAT The Honourable Mr Justice Wall Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â C L Hammond v Commissioners of Inland Revenue EAT/1455/00 7 May 2002 EAT His Hon Judge Clark Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â Location Catering Europe Ltd v Location Catering Ltd and Another [2002] UKEAT 1074_01_0805 8 May 2002 EAT Employment [ Bailii ] Â Payne v Gresham Dental Clinic [2002] UKEAT 1410_99_0805 8 May 2002 EAT Employment [ Bailii ] Â Hussain v Hm Prison Service [2002] UKEAT 1250_00_0805 8 May 2002 EAT Employment [ Bailii ] Â N Payne v Gresham Dental Clinic UKEAT/1410/99 8 May 2002 EAT Her Honour Judge A Wakefield Employment EAT Unfair Dismissal - Constructive dismissal. [ EATn ] Â Farnsworth Ltd (T/A Pork Farms Bowyers) v Tiso [2002] UKEAT 1290_01_0805 8 May 2002 EAT Employment [ Bailii ] Â Crotty vUnipro Software Ltd and others [2002] UKEAT 1342_01_0905 9 May 2002 EAT Employment [ Bailii ] Â Ipa Systems Limited v M Oberoi EAT/1349/00 9 May 2002 EAT The Honourable Mr Justice Wall Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â Hackney v Adams [2002] UKEAT 1318_01_0905 9 May 2002 EAT Employment [ Bailii ] Â London Borough of Greenwich and Another v Browne [2002] UKEAT 0604_01_0905 9 May 2002 EAT Employment [ Bailii ] Â Armstrong v Thompson [2002] NIIT 677_00 9 May 2002 NIIT Northern Ireland, Employment [ Bailii ] Â Hussain v Midland Cosmetic Sales Plc and others [2002] UKEAT 915_00_0905 9 May 2002 EAT Employment [ Bailii ] Â Ipa Systems Ltd v Oberoi [2002] UKEAT 1349_00_0905 9 May 2002 EAT Employment [ Bailii ] Â Rossiter v Pendragon plc; Clarke v Air Foyle Ltd Times, 28 May 2002; Gazette, 13 June 2002; [2002] EWCA Civ 745; [2002] Emp LR 735; [2002] 2 CMLR 43; [2002] ICR 1063; [2002] IRLR 483 10 May 2002 CA Lord Justice Peter Gibson, Lord Justice Jonathan Parker and Sir Christopher Slade Employment The employers appealed against findings that employees could claim constructive dismissal on a transfer of an undertaking simply because of a change in the employment conditions after the transfer. Held: Neither the Regulations nor the Act created a new right beyond the preservation of existing rights. To found a case for constructive dismissal, the employee had to show that the alteration in his terms and conditions was such as to amount to a repudiation by the employer. Transfer of Undertaking (Protection of Employment) Regulations 1981 (SI 1981 No 1794) 5(5) - Employment Rights Act 1996 95(1)(c) 1 Cites [ Bailii ] Â HSS Hire Service Group Plc v Construction Industry Training Board [2002] NIIT 1088_00 10 May 2002 NIIT Northern Ireland, Employment [ Bailii ] Â Murray v Excel Airways Ltd [2002] UKEAT 1222_01_1005 10 May 2002 EAT Employment [ Bailii ] Â Clulee v Law Society of England and Wales [2002] UKEAT 1475_01_1005 10 May 2002 EAT Employment [ Bailii ] Â Landman v Exel Management Services Ltd [2002] UKEAT 1277_01_1005 10 May 2002 EAT Employment [ Bailii ] Â Chand v Hounslow [2002] UKEAT 1276_01_1005 10 May 2002 EAT Employment [ Bailii ] Â Parnell v Wiltshire and Swindon Users Network EAT/594/00; [2002] UKEAT 594_00_1005 10 May 2002 EAT Her Honour Judge A Wakefield Employment EAT Time Limits - 1 Cites [ Bailii ] - [ EAT ] Â Ayovuare v Arup Group Ltd [2002] UKEAT 1281_01_1005 10 May 2002 EAT Employment [ Bailii ] Â W M Hemstead v London Borough of Barnet EAT/1180/01 11 May 2002 EAT The Honourable Mr Justice Burton (P) Employment EAT Contract of Employment - Breach of Contract. [ EATn ] Â John Smith v the International Development Co Plc EAT/1422/01 13 May 2002 EAT The Honourable Mr Justice Lindsay (President) Employment EAT Jurisdiction - (no sub-topic). [ EATn ] Â Sega Europe Ltd v A Michitsch EAT/0616/01 13 May 2002 EAT His Hon Judge Clark Employment EAT Contract of Employment - Definition of Employee Â John Smith v The International Development Co Plc EAT/1422/01 13 May 2002 EAT The Honourable Mr Justice Lindsay (President) Employment EAT Jurisdiction - Â Sega Europe Ltd v Michitsch [2002] UKEAT 0616_01_1305 13 May 2002 EAT Employment [ Bailii ] Â Gorsuch v Barking and Dagenham [2002] UKEAT 1330_01_1305 13 May 2002 EAT Employment [ Bailii ] Â Nestle UK Ltd v J Johnson EAT/1327/00 13 May 2002 EAT Her Honour Judge A Wakefield Employment EAT Redundancy - Collective Consultation and Information Â Sega Europe Ltd v Ms A Michitsch EAT/0616/01 13 May 2002 EAT His Hon Judge Clark Employment EAT Contract of Employment - Definition of employee. [ EATn ] Â Nestle UK Ltd v Johnson [2002] UKEAT 1327_00_1305 13 May 2002 EAT Employment [ Bailii ] Â Nestle UK Ltd v J Johnson EAT/1327/00 13 May 2002 EAT Her Honour Judge A Wakefield Employment EAT Redundancy - Collective consultation and information. [ EATn ] Â Marlowe Child and Family Services Limited v E Mcintosh EAT/466/01 13 May 2002 EAT The Honourable Mr Justice Wall Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â Mackenzie v Mather [2002] UKEAT 1338_01_1305 13 May 2002 EAT Employment [ Bailii ] Â Wheatley v Royal British Legion [2002] UKEAT 1337_01_1305 13 May 2002 EAT Employment 1 Citers [ Bailii ] Â N Durrant v Financial Collection Agency Ltd EAT/1325/00 14 May 2002 EAT Her Honour Judge A Wakefield Employment EAT Contract of Employment - Breach of Contract Â Hollygarth Care Homes Ltd v Peverley [2002] UKEAT 1457_01_1405 14 May 2002 EAT Employment [ Bailii ] Â R H M Frozen Foods Ltd v King [2002] UKEAT 1449_01_1405 14 May 2002 EAT Employment [ Bailii ] Â Durrant v Financial Collection Agency Ltd [2002] UKEAT 1325_00_1405 14 May 2002 EAT Employment [ Bailii ] Â Lee v Relate Berkshire [2002] UKEAT 1458_01_1405 14 May 2002 EAT Employment [ Bailii ] Â Jiad v Byford and others [2002] UKEAT 1306_00_1405 14 May 2002 EAT Employment [ Bailii ] Â Bright v Lincolnshire County Council [2002] UKEAT 0017_01_1405 14 May 2002 EAT Employment [ Bailii ] Â Ncc Services Ltd v Morris [2002] UKEAT 1434_01_1405 14 May 2002 EAT Employment [ Bailii ] Â Ian Raymond Stroud v Stagecoach Western Buses EAT/1473/01 14 May 2002 EAT The Honourable Mr Justice Lindsay (President) Employment EAT Procedural Issues - Employment Tribunal Â Ian Raymond Stroud v Stagecoach Western Buses EAT/1473/01 14 May 2002 EAT The Honourable Mr Justice Lindsay (President) Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â N Durrant v Financial Collection Agency Ltd EAT/1325/00 14 May 2002 EAT Her Honour Judge A Wakefield Employment EAT Contract of Employment - Breach of Contract. [ EATn ] Â Helen Turnbull v Mecca Bingo Ltd EAT/1483/01 15 May 2002 EAT The Honourable Lord Johnston Employment EAT Contract of Employment - Breach of Contract Â Centuryan Security Services Ltd v Kelly [2002] UKEAT 430_00_1505 15 May 2002 EAT Employment [ Bailii ] Â Cutting v Regional Independent Media Plc [2002] UKEAT 1466_01_1505 15 May 2002 EAT Employment [ Bailii ] Â David v International Marketing and Promotions Ltd [2002] UKEAT 1295_01_1505 15 May 2002 EAT Employment [ Bailii ] Â Helen Turnbull v Mecca Bingo Ltd EAT/1483/01 15 May 2002 EAT The Honourable Lord Johnston Employment EAT Contract of Employment - Breach of Contract. [ EATn ] Â J Mcloughlin v Sutcliffe Catering (Uk) Ltd EAT/932/01 15 May 2002 EAT Her Honour Judge A Wakefield Employment EAT Contract of Employment - Breach of Contract. [ EATn ] Â Ms H E David v International Marketing and Promotions Ltd EAT/1295/01 15 May 2002 EAT The Honourable Mr Justice Wall Employment EAT Procedural Issues - Employment Appeal Tribunal. [ EATn ] Â Walker v Co-Operative Insurance Society [2002] UKEAT 0754_01_1505 15 May 2002 EAT Employment [ Bailii ] Â H E David v International Marketing and Promotions Ltd EAT/1295/01 15 May 2002 EAT The Honourable Mr Justice Wall Employment EAT Procedural Issues - Employment Appeal Tribunal Â Mcloughlin v Sutcliffe Catering (Uk) Ltd [2002] UKEAT 0932_01_1505 15 May 2002 EAT Employment [ Bailii ] Â Kirby v Hayes Distribution Ltd [2002] UKEAT 0980_00_1605 16 May 2002 EAT Employment [ Bailii ] Â C Newman v Hawkshill Investments Ltd EAT/0192/01 16 May 2002 EAT His Hon Judge Clark Employment EAT Procedural Issues - Employment Tribunal Â D R Hauxwell and S Hauxwell v Secretary of Sate for Trade and Industry Industrial Woodworking Services (In Liquidation EAT/386/01 16 May 2002 EAT The Honourable Mr Justice Wall Employment EAT Contract of Employment - Definition of Employee Â C Newman v Hawkshill Investments Ltd EAT/0192/01 16 May 2002 EAT His Hon Judge Clark Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â Newman v Hawkshill Investments Ltd [2002] UKEAT 0192_01_1605 16 May 2002 EAT Employment [ Bailii ] Â P H Kirby v Hayes Distribution Ltd EAT/980/00 16 May 2002 EAT Her Honour Judge A Wakefield Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â D R Hauxwell and S Hauxwell v Secretary of Sate for Trade and Industry, Industrial Woodworking Services (In Liquidation EAT/386/01 16 May 2002 EAT The Honourable Mr Justice Wall Employment EAT Contract of Employment - Definition of employee. [ EATn ] Â Margaret J Taylor v Aberdeen City Council EAT/1484/01 16 May 2002 EAT The Honourable Mr Justice Lindsay (President) Employment EAT Unfair Dismissal - Reason for Dismissal Â Margaret J Taylor v Aberdeen City Council EAT/1484/01 16 May 2002 EAT The Honourable Mr Justice Lindsay (President) Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â B Frankle and Sons Ltd (T/A Frankle Trimmings) v Carpenter [2002] UKEAT 0534_01_1605 16 May 2002 EAT Wall LJ Employment Preliminary hearing [ Bailii ] Â Patchett v Greenwoods (Interiors) Ltd [2002] UKEAT 0634_00_1705 17 May 2002 EAT Employment [ Bailii ] Â O A Morton v School Picture International Ltd EAT/179/01 17 May 2002 EAT His Hon Judge Clark Employment EAT Unfair Dismissal - Procedural Fairness Â Quinn v Craigavon Area Hospital Group Trust [2002] NIIT 8_01 17 May 2002 NIIT Northern Ireland, Employment [ Bailii ] Â Wigglesworth v Suffolk County Council [2002] UKEAT 1363_01_1705 17 May 2002 EAT Employment [ Bailii ] Â Morton v School Pictures International Ltd [2002] UKEAT 0179_01_1705 17 May 2002 EAT Employment [ Bailii ] Â 1St Class Employment Services Ltd v Cecil [2002] UKEAT 1339_01_1705 17 May 2002 EAT Employment [ Bailii ] Â Nwt Freight Forwarding Ltd v G R Owen EAT/643/01 17 May 2002 EAT The Honourable Mr Justice Wall Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â Gardner v Canterbury College [2002] UKEAT 869_01_1705 17 May 2002 EAT Employment [ Bailii ] Â NWT Freight Forwarding Ltd v G R Owen EAT/643/01; [2002] UKEAT 0643_01_1705 17 May 2002 EAT The Honourable Mr Justice Wall Employment EAT Unfair Dismissal - Reason for Dismissal 1 Cites 1 Citers [ Bailii ] Â O A Morton v School Picture International Ltd EAT/179/01 17 May 2002 EAT His Hon Judge Clark Employment EAT Unfair Dismissal - Procedural fairness/automatically unfair dismissal [ EATn ] Â West Dunbartonshire Council v Finlay EAT/11/02 17 May 2002 EAT The Honourable Mr Justice Lindsay (President) Employment EAT Time Limits - Â Blue Diamond Services Ltd v Mcneish and others [2002] UKEAT 1354_01_1705 17 May 2002 EAT Employment [ Bailii ] Â West Dunbartonshire Council v Ms Aileen Finlay EAT/11/02 17 May 2002 EAT The Honourable Mr Justice Lindsay (President) Employment EAT Time Limits - (no sub-topic) [ EATn ] Â Key Communications Ltd v S L Rose, D H Mckeone, Dr R W Walker, Impact Evaluation Services Ltd EAT/1292/00 18 May 2002 EAT The Honourable Mr Justice Maurice Kay Employment EAT Transfer of Undertakings - Transfer. [ EAT ] Â Key Communications Ltd v S L Rose D H Mckeone Dr R W Walker, Impact Evaluation Services Ltd EAT/1292/00 18 May 2002 EAT The Honourable Mr Justice Maurice Kay Employment EAT Transfer of Undertakings - Transfer Â West Midland Laminating Company Ltd v J W Harvey EAT/0733/01 20 May 2002 EAT His Hon Judge D M Levy Qc Employment EAT Time Limits - (no sub-topic) [ EATn ] Â J L Distribution Services Ltd v Armitage [2002] UKEAT 0876_00_2005 20 May 2002 EAT Employment [ Bailii ] Â Day v Ocs Support Services and others [2002] NIIT 1192_01 20 May 2002 NIIT Northern Ireland, Employment [ Bailii ] Â West Midland Laminating Company Ltd v J W Harvey EAT/0733/01 20 May 2002 EAT His Hon Judge D M Levy QC Employment EAT Time Limits - Â Vithlani and Another v Chauhan and Another [2002] UKEAT 1378_01_2005 20 May 2002 EAT Employment [ Bailii ] Â West Midland Laminating Company Ltd v Harvey [2002] UKEAT 733_01_2005 20 May 2002 EAT Employment [ Bailii ] Â Waddington v Sheffield City Council [2002] UKEAT 1409_00_2005 20 May 2002 EAT Employment [ Bailii ] Â Crook v Ministry of Defence [2002] EWCA Civ 855 20 May 2002 CA Longmore LJ Employment Application for leave to appeal. Public Interest Disclosure Act 1998 [ Bailii ] Â Rand v Punch Retail Ltd [2002] UKEAT 1450_01_2005 20 May 2002 EAT Employment [ Bailii ] Â Gibson v Northampton County Council and Another [2002] UKEAT 1381_01_2005 20 May 2002 EAT Employment [ Bailii ] Â Icg (Uk) (T/A Searle Manufacturing Co) v Bone [2002] UKEAT 1397_01_2105 21 May 2002 EAT Employment [ Bailii ] Â Vedatech Corporation v Crystal Decisions (Uk) Limited [2002] EWHC 818 (Ch) 21 May 2002 ChD The Honourable Mr Justice Jacob Intellectual Property, Employment The defendant wanted to amend its software and introduce it to the Japanese market, and worked with the claimants for this purpose. The defendant suggested that a concluded agreement existed, the claimant that only no contract was concluded. There were claims for copyright infringement, for an account of damages, and for enticing employees to breach their contracts. Held: The terms proposed were too vague to constitute a contract. Nevertheless the parties had worked together. Agreements signed on the day that an employee left were not binding because no consideration had been given. The claim for procuring breach of the employees contracts is not made out. The claim for unjust enrichment was based upon profits made but or accounted for. It was intended that the services should be paid for, and they must be. A further assessment will be required to assess how much. 1 Cites [ Bailii ] Â Wilson v P and O European Ferries Ltd and others [2002] NIIT 3441_99 21 May 2002 NIIT Northern Ireland, Employment [ Bailii ] Â A G Soteriou v Ultrachem Solvo Ltd Ultracolour Ltd EAT/250/01 21 May 2002 EAT His Hon Judge Clark Employment EAT Unfair Dismissal - Procedural Fairness Â Soteriou v Ultrachem Ltd and others [2002] UKEAT 250_01_2105 21 May 2002 EAT Employment [ Bailii ] Â Midland Mainline v Wade [2002] UKEAT 1382_01_2105 21 May 2002 EAT Employment [ Bailii ] Â J Leach v Flexiprint Ltd EAT/163/01 21 May 2002 EAT Ms Recorder Slade Qc Employment EAT Jurisdiction - (no sub-topic). [ EATn ] Â A G Soteriou v Ultrachem, Solvo Ltd, Ultracolour Ltd EAT/250/01 21 May 2002 EAT His Hon Judge Clark Employment EAT Unfair Dismissal - Procedural fairness/automatically unfair dismissal. [ EATn ] Â Heald Nickinson Solicitors v Summers and others [2002] UKEAT 1504_00_2105 21 May 2002 EAT Employment The firm of solicitors appealed an order in which they had been substituted as defendants to a claim for unfair dismissal. They said they had been given no opportunity to object. They had taken over part of a firm which had got into difficulties and had divided. 1 Cites [ Bailii ] Â Retirement Care Group Ltd v Greener [2002] UKEAT 689_00_2205 22 May 2002 EAT Employment [ Bailii ] Â Spiro v Hill House Hammond [2002] UKEAT 1195_01_2205 22 May 2002 EAT Employment [ Bailii ] Â Rowson v Singer (Uk) Ltd [2002] UKEAT 499_01_2205 22 May 2002 EAT Employment [ Bailii ] Â Samuel v Home Office and Another [2002] UKEAT 417_01_2205 22 May 2002 EAT Employment [ Bailii ] Â Hand v the Police Authority for Northern Ireland and Another [2002] NIIT 1691_01 22 May 2002 NIIT Northern Ireland, Employment [ Bailii ] Â Levy v Dudley Bower Facilities Management Ltd [2002] UKEAT 328_01_2205 22 May 2002 EAT Employment [ Bailii ] Â D Green v Robin and Day Ltd T/A Warwick Wright Clapham EAT/83/01 22 May 2002 EAT Ms Recorder Slade QC Employment EAT Unfair Dismissal - Contributory Fault Â Retirement Care Group Ltd v Daine Greener EAT/689/00 22 May 2002 EAT The Honourable Mr Justice Lindsay (P) Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â D Green v Robin and Day Ltd T/A Warwick Wright Clapham EAT/83/01 22 May 2002 EAT Ms Recorder Slade Qc Employment EAT Unfair Dismissal - Contributory fault. [ EATn ] Â Green v Robins and Day Ltd (T/A Warwick Wright Clapham) [2002] UKEAT 83_01_2205 22 May 2002 EAT Employment [ Bailii ] Â M Levy v Dudley Bower Facilities Management Limited EAT/328/01 22 May 2002 EAT His Hon Judge D M Levy QC Employment EAT Unfair Dismissal - Reason for Dismissal Â M Levy v Dudley Bower Facilities Management Limited EAT/328/01 22 May 2002 EAT His Hon Judge D M Levy Qc Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â Logan v Custom and Excise [2002] UKEAT 686_00_2305 23 May 2002 EAT Employment [ Bailii ] Â Tgwu v N G Nicolaou and 5 others EAT/289/00 23 May 2002 EAT The Honourable Mr Justice Lindsay (P) Employment EAT Trade Union Rights - (no sub-topic). [ EATn ] Â Baxter v Montgomery [2002] NIIT 1193_01 23 May 2002 NIIT Northern Ireland, Employment [ Bailii ] Â Sadiq v Leeds City Council and others [2002] UKEAT 0011_01_2305 23 May 2002 EAT Employment 1 Cites 1 Citers [ Bailii ] Â K v Commissioner Metropolitan Police Service [2002] UKEAT 960_01_2305 23 May 2002 EAT Employment [ Bailii ] Â Tiernan v Lookers North West Ltd (T/A Lookers Ellesmere Port) [2002] UKEAT 1262_01_2305 23 May 2002 EAT Employment [ Bailii ] Â Umunna and Another v Hackney [2002] UKEAT 1283_01_2305 23 May 2002 EAT Employment [ Bailii ] Â Bari v Aspen Window Group Ltd [2002] UKEAT 1379_00_2305 23 May 2002 EAT Employment [ Bailii ] Â Addison Tube Forming Ltd v Williams [2002] UKEAT 1085_01_2305 23 May 2002 EAT Employment [ Bailii ] Â The Mayor and Burgesses of the London Borough of Newham v Skingle and the Pensions Ombudsman Times, 15 July 2002; Gazette, 18 July 2002; [2002] EWHC 1013 (Ch) 23 May 2002 ChD The Honourable Mr Justice Jacob Financial Services, Local Government, Employment The applicant was a retired local government worker. His pension was determined by his final salary. He worked many hours overtime. Was that overtime to be included when calculating his pension? The regulations included all payments, but not non-contractual overtime. Held: The regulations were not clear. The contract provided overtime rates, so the ombudsman had found the payments to have been made under the contract. The employers contended that non-contractual overtime meant only overtime which was not obligatory. The Ombudsman erred in construing the regulations, and so the case was remitted, but he was correct in construing the contract. Pensions Schemes Act 1993 151(4) - Local Government Pension Scheme Regulations 1995 1 Citers [ Bailii ] Â Proctor v Nortel Networks Ltd [2002] NIIT 2527_01 23 May 2002 NIIT Northern Ireland, Employment [ Bailii ] Â Marlow v East Thames Housing Group Ltd [2002] EWHC 1460 (QB) 24 May 2002 QBD Cooke J Employment, Damages [ Bailii ] Â Medran Development Ltd v C Haworth EAT/428/01 24 May 2002 EAT His Hon Judge D M Levy Qc Employment EAT Procedural Issues - Employment Appeal Tribunal. [ EATn ] Â Lansing Linde Severnside Ltd v Spiers [2002] UKEAT 1490_01_2405 24 May 2002 EAT Employment 1 Citers [ Bailii ] Â Clarke v National Union of Mineworkers [2002] UKEAT 0598_01_2405 24 May 2002 EAT Employment [ Bailii ] Â Obasa v Islington [2002] UKEAT 1350_01_2405 24 May 2002 EAT Employment 1 Cites [ Bailii ] Â Candice and Another v Barclays Bank Plc [2002] UKEAT 1349_01_2405 24 May 2002 EAT Employment [ Bailii ] Â Leonard Batty v BSB Holdings (Cudworth) Ltd [2002] EWCA Civ 648 24 May 2002 CA Lord Justice Ward Lord Justice Sedley And Lady Justice Hale Employment The employee was former managing director employed as consultant on a fixed term contract. After differences with the new management, he was off work with stress. The company sought to suspend him. He claimed that the company had repudiated the contract. Held: The power to suspend was part of the disciplinary procedure. He had been suspended. He did not return to work when invited to do so, and appeared not to be interested in doing so. He had been told that his salary would stop. Willingness to return to work is a necessary averment in an action for salary. Appeal dismissed. 1 Cites [ Bailii ] Â Soteriou v Ultrachem and others [2002] UKEAT 0250_01_2405 24 May 2002 EAT Employment [ Bailii ] Â Medran Developments Ltd v Haworth [2002] UKEAT 428_01_2405 24 May 2002 EAT Employment [ Bailii ] Â Lincolnshire County Council and Another v Hopper [2002] UKEAT 819_01_2405 24 May 2002 EAT Employment [ Bailii ] Â Negatu v Store Security Services [2002] UKEAT 1068_01_2405 24 May 2002 EAT Employment [ Bailii ] Â Medran Development Ltd v C Haworth EAT/428/01 24 May 2002 EAT His Hon Judge D M Levy QC Employment EAT Procedural Issues - Employment Appeal Tribunal Â Hillingdon v Thomas [2002] UKEAT 1317_01_2405 24 May 2002 EAT Employment [ Bailii ] Â Malkan v Department of Health NHS Executive and others [2002] UKEAT 0227_00_2705 27 May 2002 EAT Employment [ Bailii ] Â Sen v British Council [2002] UKEAT 1456_01_2705 27 May 2002 EAT Employment [ Bailii ] Â Gateshead Metropolitan Borough Council v E Ackinclose and others EAT/330/01; [2002] UKEAT 330_01_1705 27 May 2002 EAT The Honourable Mr Justice Lindsay (P) Employment EAT Unlawful Deduction from Wages The employees were part time school meals service assistants. Part timers' rates were adjusted with a move to a base weekly hours from 39 to 37. The service had been out-sourced and then brought back in house. They were two TUPE transfers. The employer suggested that they left on one set of conditions and returned on the other. Held: The decision was set aside. The tribunal had failed to address questions necessary to decide which set of terms applied. EAT Unlawful Deduction from Wages - (no sub-topic). 1 Citers [ Bailii ] - [ EATn ] Â Ho v Bond [2002] UKEAT 1454_01_2705 27 May 2002 EAT Employment [ Bailii ] Â McMullen v McClelland Salter Estate Agents [2002] NIIT 3152_01 27 May 2002 NIIT Employment [ Bailii ] Â Scullion v O'Kane Brothers (T/A Compass Windows) [2002] NIIT 2875_01 28 May 2002 NIIT Northern Ireland, Employment [ Bailii ] Â D H Malkan v the Chief Executive NHS Executive and 19 others EAT/1153/00 28 May 2002 EAT The Honourable Mr Justice Lindsay (P) Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â Hyland v Her Majesty's Customs and Excise and others [2002] NIIT 814_00 28 May 2002 NIIT Northern Ireland, Employment [ Bailii ] Â Malkan v Chief Executive NHS Executive and others [2002] UKEAT 1153_00_2805 28 May 2002 EAT Employment [ Bailii ] Â M Walker and R Walker T/A Walker's School of Motoring v Mills EAT/561/01 29 May 2002 EAT Ms Recorder Slade Qc Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â Ilangaratne v British Medical Association and others [2002] UKEAT 1025_01_2905 29 May 2002 EAT Employment 1 Cites 1 Citers [ Bailii ] Â Walker and Anotherr (T/A Walker's School of Motoring) v Mills [2002] UKEAT 561_01_2905 29 May 2002 EAT Employment [ Bailii ] Â Whelan v Moore [2002] UKEAT 1459_01_2905 29 May 2002 EAT Employment [ Bailii ] Â Connor v Reflex Mouldings [2002] NIIT 55; [2002] NIIT 2536_01 29 May 2002 NIIT Employment [ Bailii ] - [ Bailii ] Â O'Brien v Blackstaff Construction Ltd [2002] NIIT 124_02 29 May 2002 NIIT Northern Ireland, Employment [ Bailii ] Â Anyaegbuna v Great Eastern Hotel Ltd [2002] UKEAT 1462_01_3105 31 May 2002 EAT Employment [ Bailii ] Â Apelogun-Gabriels v Lambeth and Another [2002] UKEAT 1461_01_3105 31 May 2002 EAT Employment 1 Cites [ Bailii ] Â Butcher v Salvage Association [2002] EWCA Civ 867 31 May 2002 CA Employment 1 Cites 1 Citers [ Bailii ] Â Grimes v The Rifleman (Public House) [2002] UKEAT 1324_01_3105 31 May 2002 EAT Employment [ Bailii ] Â Â Yeboah v Crofton; CA 31-May-2002 - Times, 20 June 2002; [2002] EWCA Civ 794; [2002] IRLR 634; [2004] ICR 257 Â Stewart v Hm Prison Service [2002] UKEAT 1430_01_3105 31 May 2002 EAT Employment [ Bailii ] Â Secretary of State for Trade and Industry v Campbell [2002] UKEAT 1480_01_3105 31 May 2002 EAT Employment [ Bailii ] Â Bentwood Bros (Manufacturers) Ltd v Shepherd [2002] UKEAT 0394_01_3105 31 May 2002 EAT Employment [ Bailii ] Â Youle v Centra and Another [2002] NIIT 3749_01 3 Jun 2002 NIIT Northern Ireland, Employment [ Bailii ] Â Katia Beckmann v Dynamco Whichloe Macfarlane Ltd C-164/00; [2002] EUECJ C-164/00 4 Jun 2002 ECJ European, Employment Europa Reference for a preliminary ruling: High Court of Justice (England & Wales), Queen's Bench Division - United Kingdom. Directive 77/187/EEC - Safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of businesses - Conditions for applying exceptions to maintenance of rights - Benefits provided for in the event of dismissal. Directive 77/187/EEC [ Bailii ] Â Park v McCourt (T/A Kelly's Cellars) (Unfair Dismissal) [2002] NIIT 61 7 Jun 2002 NIIT Northern Ireland, Employment [ Bailii ] Â R Atkin Musopke Bukulu v Safeway Stores Plc [2002] UKEAT 671_01_0608; EAT/671/01 8 Jun 2002 EAT His Hon Judge D Serota Qc Discrimination, Employment EAT Race Discrimination - Indirect. [ Bailii ] - [ EATn ] Â Fee v Lennon [2002] NIIT 3756_01 10 Jun 2002 NIIT Northern Ireland, Employment [ Bailii ] Â Â G Gidella, C Headley, H Wells, B Harvey v Wandsworth Borough Council, the Secretary of State for Trade and Industry; EAT 11-Jun-2002 - EAT/1507/00 Â Perry v Allied Dunbar Assurance Plc [2002] UKEAT 1446_01_1106 11 Jun 2002 EAT Employment [ Bailii ] Â Stephen Fidler and Co v Kapadia [2002] UKEAT 0765_01_1106 11 Jun 2002 EAT Peter Clarke J Employment Interlocutory appeal against refusal to make order requiring release of tribunal chairman's notes. Held: The appeal succeeded. It was clear that there was a factual dispute as to the events of the hearing, and "it is the Chairman's notes which represent the formal record of the proceedings and not the parties' notes, unless there is a dispute over the accuracy of the Chairman's notes. On the face of the pleadings in the appeal, to which I have referred, there is a difference of recollection between the parties as to how the case was put below; that issue, in my judgment, can only be satisfactorily resolved by recourse to the relevant Chairman's notes." 1 Cites 1 Citers [ Bailii ] Â Brown v Birmingham City Council and Another [2002] UKEAT 1087_01_1106 11 Jun 2002 EAT Employment [ Bailii ] Â Bruce v Cavalier and Another [2002] UKEAT 1283_00_1106 11 Jun 2002 EAT Employment [ Bailii ] Â Crown Prosecution Service v Clarke [2002] UKEAT 1254_00_1106 11 Jun 2002 EAT Employment [ Bailii ] Â Driver v Preston Borough Council and Another [2002] UKEAT 1090_01_1106 11 Jun 2002 EAT Employment [ Bailii ] Â Greater Manchester Buses South Ltd (T/A Stagecoach) v Hackney [2002] UKEAT 1531_01_1106 11 Jun 2002 EAT Employment [ Bailii ] Â Kerr v Mcneilly [2002] NIIT 293_02 11 Jun 2002 NIIT Northern Ireland, Employment [ Bailii ] Â Qureshi v Camden [2002] UKEAT 1173_00_1106 11 Jun 2002 EAT Employment [ Bailii ] Â Simon v BUPA Care Services and Another [2002] UKEAT 0339_01_1106 11 Jun 2002 EAT Employment [ Bailii ] Â Balding v Irpc Group Ltd (A Croner Cch Company) [2002] UKEAT 1464_01_1206 12 Jun 2002 EAT Employment [ Bailii ] Â Pinnacle AIC Ltd v Honeyman and others [2002] UKEAT 411_01_1306; EAT/411/01 13 Jun 2002 EAT His Hon Judge D M Levy QC Employment EAT Transfer of Undertakings - Transfer 1 Cites [ Bailii ] - [ EATn ] Â De Wet v Network Neighbourhood Ltd [2002] NIIT 1738_01 13 Jun 2002 NIIT Northern Ireland, Employment [ Bailii ] Â Margaret Mc Donagh (General Secretary of the Labour Party) v J M Ishaq EAT/746/00 14 Jun 2002 EAT The Honourable Mr Justice Maurice Kay Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â Hamid v Victim Support Southall [2002] UKEAT 1465_01_1406 14 Jun 2002 EAT Employment [ Bailii ] Â Nicholls v Greenwich [2002] UKEAT 1342_00_1406 14 Jun 2002 EAT Employment [ Bailii ] Â Mcdonagh v Ishaq [2002] UKEAT 746_00_1406 14 Jun 2002 EAT Employment [ Bailii ] Â Roberts v 4 Front Technologies Ltd [2002] UKEAT 0601_01_1406 14 Jun 2002 EAT Employment [ Bailii ] Â Omega Team Carers Ltd v Wallace and others [2002] UKEAT 0431_01_1406 14 Jun 2002 EAT Employment [ Bailii ] Â Margaret Chilton v Hm Prison Service EAT/455/00 14 Jun 2002 EAT His Hon Judge D M Levy Qc Employment EAT Unfair Dismissal - Other [ EATn ] Â J P Roberts v 4 Front Technologies Ltd EAT/601/ 14 Jun 2002 EAT His Hon Judge Clark Employment EAT Unfair Dismissal - Jurisdiction. [ EATn ] Â Margaret Chilton v HM Prison Service EAT/455/00 14 Jun 2002 EAT His Hon Judge D M Levy QC Employment EAT Unfair Dismissal - Other Â Catton v Shribman and Another [2002] UKEAT 111_01_1406 14 Jun 2002 EAT Employment [ Bailii ] Â Chadwick v Bayer Plc [2002] UKEAT 1110_01_1406 14 Jun 2002 EAT Employment [ Bailii ] Â Chilton v Hm Prison Service [2002] UKEAT 0455_00_1406 14 Jun 2002 EAT Employment [ Bailii ] Â Maragh v Jamieson [2002] UKEAT 0364_01_1406 14 Jun 2002 EAT Employment [ Bailii ] Â Arroyo-Valencia v Homebase Ltd and others [2002] UKEAT 0845_01_1706 17 Jun 2002 EAT Employment [ Bailii ] Â Leggett v Waterstones Booksellers Ltd [2002] UKEAT 0116_01_1706 17 Jun 2002 EAT Employment [ Bailii ] Â Callaghan and Carrigan v Aslef [2002] UKEAT 0564_01_1706 17 Jun 2002 EAT Employment [ Bailii ] Â Odunlami v Arcade Carparks [2002] UKEAT 1423_01_1706 17 Jun 2002 EAT Employment [ Bailii ] Â Patrick v Lambeth [2002] UKEAT 1448_01_1706 17 Jun 2002 EAT Employment [ Bailii ] Â Arroyo-Valencia v Tibbett and Britten Ltd and others [2002] UKEAT 0752_01_1706 17 Jun 2002 EAT Employment [ Bailii ] Â S Cooper and P Maguire v Manchester Airport Plc Ringway Handing Services and others EAT/882/99 &EAT629/99 17 Jun 2002 EAT His Hon Judge D M Levy Qc Employment EAT Procedural Issues - Employment Appeal Tribunal. [ EATn ] Â Ms M Augustin v London Borough of Waltham Forest-Housing Service 2 F Imona EAT/1135/98 17 Jun 2002 EAT The Honourable Mr Justice Maurice Kay Employment EAT Unfair Dismissal - Other [ EATn ] Â Rooke v Anglian Water Services Ltd [2002] UKEAT 475_01_1706 17 Jun 2002 EAT Employment [ Bailii ] Â M Augustin v London Borough of Waltham Forest-Housing Service, F Imona EAT/1135/98 17 Jun 2002 EAT The Honourable Mr Justice Maurice Kay Employment EAT Unfair Dismissal - Other Â Bradstock Group Pension Scheme Trustees Ltd v Bradstock Group plc and Others Times, 10 July 2002; Gazette, 19 September 2002 17 Jun 2002 ChD Mr Charles Aldous, QC, Financial Services, Employment, Trusts The company found itself unable to fund the pension scheme it had committed itself to. If it sought to pay the money due, the company would have to go into liquidation. It did not meet the minimum funding requirements of the Act. The company proposed a scheme of compromise with the trustees. Held: There was no reason in law why a compromise could not be approved. In a liquidation, the pension trustees would stand as unsecured creditors, and accordingly receive a smaller sum. This was the best practical way forward, and within the powers of the trustees. Trustee Act 1925 15 - Pensions Act 1995 75 Â Mason v Police Authority for Northern Ireland and Another [2002] NIIT 3515_01 17 Jun 2002 NIIT Northern Ireland, Employment [ Bailii ] Â Alstom Traction Ltd v Stephen Birkenhead and others [2002] EAT 1131_00_1010; EAT/1131/00 17 Jun 2002 EAT Mrs Recorder Cox QC Employment EAT Redundancy - Fairness - 1 Cites 1 Citers [ Bailii ] - [ EATn ] Â Attou v Dinnerd Ltd (T/A Fresco Cafe Bar) [2002] UKEAT 1432_01_1806 18 Jun 2002 EAT Employment [ Bailii ] Â Bright v Lincolnshire County Council [2002] UKEAT 17_01_1806 18 Jun 2002 EAT Employment [ Bailii ] Â Telford College of Arts and Technology v J Thomas UKEAT/0079/02 18 Jun 2002 EAT His Honour Judge D M Levy Qc Employment EAT Unfair Dismissal - Constructive dismissal. [ EATn ] Â Colourflow Ltd v Smith [2002] UKEAT 1486_01_1906 19 Jun 2002 EAT Employment [ Bailii ] Â Ball v Kingston Upon Thames [2002] UKEAT 1232_01_1906 19 Jun 2002 EAT Employment [ Bailii ] Â P H Wade v Aah Pharmaceuticals Ltd EAT/272/01 19 Jun 2002 EAT His Hon Judge D M Levy Qc Employment EAT Unfair Dismissal - Procedural fairness/automatically unfair dismissal. [ EATn ] Â Kotecha v Combined Insurance Company America and Another [2002] UKEAT 0999_01_1906 19 Jun 2002 EAT Employment [ Bailii ] Â Jardine v Norfolkline Ltd [2002] NIIT 427_02 19 Jun 2002 NIIT Northern Ireland, Employment [ Bailii ] Â Wade v Aah Pharmaceuticals Ltd [2002] UKEAT 272_01_1906 19 Jun 2002 EAT Employment [ Bailii ] Â Consignia Plc v Russell Sealy Times, 03 July 2002; Gazette, 01 August 2002; [2002] EWCA Civ 878; [2002] ICR 1193; [2002] Emp LR 983; [2002] IRLR 624; [2002] 3 All ER 801 19 Jun 2002 CA Lord Justice Brooke Employment The complainant was a post office employee. He brought a claim for unfair dismissal, but he posted it at a time when in the normal course of delivery, it would not arrive. He claimed to be unaware of the normal times for delivery. Held: It was for the claimant to establish that his case fell within the section allowing a tribunal to permit late service. The tribunal could not assume from his employment, levels of knowledge about such matters. Whether a letter would be delivered in the normal course of post was to be assessed objectively, and not subjectively. It is unfortunate that the rules of the employment tribunals had not been brought into line with those applying to litigation under the Civil Procedure Rules. The rule in Godwin did not apply in employment tribunal cases. Employment Rights Act 1996 111(2) 1 Cites 1 Citers [ Bailii ] Â Griffiths v Basebuy Ltd (T/A Eisengger) [2002] UKEAT 1469_01_1906 19 Jun 2002 EAT Employment [ Bailii ] Â P H Wade v Aah Pharmaceuticals Ltd EAT/272/01 19 Jun 2002 EAT His Hon Judge D M Levy QC Employment EAT Unfair Dismissal - Procedural Fairness Â Hauxwell and Another v Secretary of State for Trade and Industry and Another [2002] UKEAT 386_01_1906 19 Jun 2002 EAT Employment [ Bailii ] Â Mclister v Jcp Securite (Uk) Ltd [2002] NIIT 3897_01 20 Jun 2002 NIIT Northern Ireland, Employment [ Bailii ] Â Cotton v Hudson Shribman, the Economist Group EAT/111/01 20 Jun 2002 EAT Mrs Recorder Cox Qc Employment EAT Procedural Issues - Employment Tribunal. [ EAT ] Â Quicks Group Plc v Khan [2002] UKEAT 1286_00_2006 20 Jun 2002 EAT Employment [ Bailii ] Â Lynch v University of Ulster [2002] NIIT 2165_01 21 Jun 2002 NIIT Northern Ireland, Employment [ Bailii ] Â M Povey v Dorset County Council EAT/209/01 21 Jun 2002 EAT Mrs Recorder Cox QC Employment EAT Unfair Dismissal - Reason for Dismissal 1 Cites 1 Citers Â W Fatti v Look Ahead Housing and Care Ltd R Karn E Jackson EAT/857/01 21 Jun 2002 EAT The Honourable Mr Justice Lindsay (P) Employment EAT Jurisdiction - Â Albion Automotive Ltd v Walker and Others [2002] EWCA Civ 946 21 Jun 2002 CA Peter Gibson, Potter LJJ, Sir Murray Stuart-Smith Employment The parties disputed whether there had arisen an implied term in the company's employment contracts that enhanced redundancy would be paid. Held: Peter Gibson LJ adopted a multi-factorial approach as to the relevant factors to be taken into account when considering whether a unilateral management policy had acquired contractual status. Those factors included: ""(a) whether the policy was drawn to the attention of employees; (b) whether it was followed without exception for a substantial period; (c) the number of occasions on which it was followed; (d) whether payments were made automatically; (e) whether the nature of communication of the policy supported the inference that the employers intended to be contractually bound; (f) whether the policy was adopted by agreement; (g) whether employees had a reasonable expectation that the enhanced payment would be made; (h) whether terms were incorporated in a written agreement; (i) whether the terms were consistently applied." 1 Cites 1 Citers [ Bailii ] Â W Fatti v Look Ahead Housing and Care Ltd, Ms R Karn, Ms E Jackson EAT/857/01 21 Jun 2002 EAT The Honourable Mr Justice Lindsay (P) Employment EAT Jurisdiction - (no sub-topic). [ EATn ] Â M Povey v Dorset County Council EAT/209/01 21 Jun 2002 EAT Mrs Recorder Cox Qc Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â Abegaze v Moore and Another [2002] UKEAT 1078_01_2106 21 Jun 2002 EAT Employment [ Bailii ] Â Fatti v Look Ahead Housing and Care Ltd and others [2002] UKEAT 857_01_2106 21 Jun 2002 EAT Employment [ Bailii ] Â Varley v Gill [2002] UKEAT 1456_00_2406 24 Jun 2002 EAT Employment [ Bailii ] Â Ayobiojo v Nalgo Unison-Lambeth [2002] UKEAT 0696_01_2406 24 Jun 2002 EAT Employment, Discrimination 1 Cites 1 Citers [ Bailii ] Â Boomer v Belfast City Council [2002] NIIT 1064_02 24 Jun 2002 NIIT Northern Ireland, Employment [ Bailii ] Â O'Reilly v Taylor [2002] NIIT 3448_01 24 Jun 2002 NIIT Northern Ireland, Employment [ Bailii ] Â Khan v Trident Safeguards Ltd and others [2002] UKEAT 1413_01_2406 24 Jun 2002 EAT Employment 1 Cites 1 Citers [ Bailii ] Â Carruth v Macfarlane Packaging Ltd EAT/85/02 25 Jun 2002 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Compensation Â Galbraith v Short Brothers Plc [2002] NIIT 1286_01 25 Jun 2002 NIIT Employment [ Bailii ] Â Schwarzkopf Limited v Desmond Quinn [2002] IRLR 602 25 Jun 2002 SCS Lord Coulsfield Scotland, Employment, Discrimination 1 Cites 1 Citers [ ScotC ] - [ ScotC ] Â Coyle v Unibol Ltd (Ni) and others [2002] NIIT 3160_01 25 Jun 2002 NIIT Northern Ireland, Employment [ Bailii ] Â Boyd v Ocs Support Services Northern Ireland Ltd and Another [2002] NIIT 1157_01 25 Jun 2002 NIIT Northern Ireland, Employment [ Bailii ] Â Edward Pllu v First Glasgow EAT/1477/01 25 Jun 2002 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â C Ness v Excel EAT/441/01 25 Jun 2002 EAT His Hon Judge D M Levy QC Employment EAT Unfair Dismissal - Procedural Fairness Â London Underground Ltd v Famakinwa and Another [2002] UKEAT 1488_01_2506 25 Jun 2002 EAT Employment [ Bailii ] Â Ness v Excel [2002] UKEAT 0441_01_2506 25 Jun 2002 EAT Employment [ Bailii ] Â C Ness v Excel EAT/441/01 25 Jun 2002 EAT His Hon Judge D M Levy Qc Employment EAT Unfair Dismissal - Procedural fairness/automatically unfair dismissal. [ EATn ] Â Peter Carruth v Macfarlane Packaging Ltd EAT/85/02 25 Jun 2002 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Compensation. [ EATn ] Â Amalgamated Transport and General Worker's Union v Bombardier Aerospace (Short Brothers Plc) [2002] NIIT 53_02 25 Jun 2002 NIIT Northern Ireland, Employment [ Bailii ] Â Amalgamated Transport and General Worker's Union v Bombardier Aerospace (Short Brothers Plc) (Employment Rights) [2002] NIIT 77 25 Jun 2002 NIIT Employment [ Bailii ] Â Galbraith v Short Brothers Plc (Preliminary Issues : Employment Rights) [2002] NIIT 81 25 Jun 2002 NIIT Employment [ Bailii ] Â John Mcgowan v John Marshall T/A Central Garage EAT/150/02 26 Jun 2002 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Reason for Dismissal Â John Mcgowan v John Marshall T/A Central Garage EAT/150/02 26 Jun 2002 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â Ms M Nelson v Carillion Services Ltd EAT/837/01 26 Jun 2002 EAT His Hon Judge Clark Employment EAT Equal Pay Act - (no sub-topic). [ EATn ] Â O'Prey v Phab (Northern Ireland) [2002] NIIT 3294_00 26 Jun 2002 NIIT Northern Ireland, Employment [ Bailii ] Â Shashi Kumar v University of Strathclyde and 3 Ors EATS/0003/02 26 Jun 2002 EAT The Honourable Lord Johnston Employment EAT Procedural Issues - Employment Appeal Tribunal Â M Nelson v Carillion Services Ltd EAT/837/01; [2002] UKEAT 837_01_2606 26 Jun 2002 EAT His Hon Judge Clark Employment, Discrimination EAT Equal Pay Act - 1 Cites 1 Citers [ Bailii ] Â Shashi Kumar v University of Strathclyde and 3 Ors EATS/0003/02 26 Jun 2002 EAT The Honourable Lord Johnston Employment EAT Procedural Issues - Employment Appeal Tribunal. [ EATn ] Â M Jowitt v Pioneer Technology (Uk) Ltd EAT/476/01 26 Jun 2002 EAT His Hon Judge D M Levy Qc Employment EAT Unfair Dismissal - Other [ EATn ] Â Kumar v University of Strathclyde and others [2002] UKEAT 0003_02_2606 26 Jun 2002 EAT Employment [ Bailii ] Â Kyndal Spirits Ltd v Allan Stewart Burns EAT/29/02 27 Jun 2002 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Compensation. [ EATn ] Â Newnham (T/A Dial-A-Rod Environmental Services) v Berry [2002] EAT 0506_01_2706 27 Jun 2002 EAT Employment [ Bailii ] Â Newnham (T/A Dial-A-Rod Environmental Services) v Berry [2002] UKEAT 0506_01_2706 27 Jun 2002 EAT Employment [ Bailii ] Â Kyndal Spirits Ltd v Allan Stewart Burns EAT/29/02 27 Jun 2002 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Compensation The employer appealed a calculation of compensation. They accepted that the issue of the need for the applicant to mitigate his losses had not been raised at the hearing, but submitted that the court should consider it as a matter of course. Held: There was no duty on the tribunal to consider mitigation of losses unless the topic was raised as an issue by the employer. The Employment Appeal tribunal should only rarely interfere with a tribunal's assessment of an employee's contribution. This case did not warrant it. Employment Rights Act 1996 123(2) Â Skelton v Salvesen Logistics Ltd EAT/151/02 27 Jun 2002 EAT The Honourable Lord Johnston Employment EAT Procedural Issues - Employment Tribunal. [ EAT ] Â N K Kernohan v Gray Kent and Richard Peek T/A the Dove Project EAT/0084/01 27 Jun 2002 EAT His Hon Judge D M Levy Qc Employment EAT Unfair Dismissal - Procedural fairness/automatically unfair dismissal. [ EATn ] Â M Newnham T/A Dial-A-Rod Environment Services v Ms L Berry EAT/506/01 27 Jun 2002 EAT The Honourable Mr Justice Maurice Kay Employment EAT Unfair Dismissal - Other [ EATn ] Â Stephen Mcbride Stein v Van Laurun Ltd EAT/1340/01 27 Jun 2002 EAT The Honourable Mr Justice Maurice Kay Employment EAT Unlawful Deduction from Wages - (no sub-topic). [ EATn ] Â N K Kernohan v Gray Kent and Richard Peek T/A the Dove Project EAT/0084/01 27 Jun 2002 EAT His Hon Judge D M Levy QC Employment EAT Unfair Dismissal - Procedural Fairness Â Stephen Mcbride Stein v Van Laurun Ltd EAT/1340/01 27 Jun 2002 EAT The Honourable Mr Justice Maurice Kay Employment EAT Unlawful Deduction from Wages - Â Stein v Van Laurun Ltd [2002] UKEAT 1340_01_2706 27 Jun 2002 EAT Employment [ Bailii ] Â M Newnham T/A Dial-A-Rod Environment Services v L Berry EAT/506/01 27 Jun 2002 EAT The Honourable Mr Justice Maurice Kay Employment EAT Unfair Dismissal - Other Â E Oyewole v Capital Citybus Ltd EAT/852/00 28 Jun 2002 EAT The Honourable Mr Justice Maurice Kay Employment EAT Unfair Dismissal - Procedural fairness/automatically unfair dismissal. [ EATn ] Â Oyewole v Capital Citybus Ltd [2002] UKEAT 0852_00_2806 28 Jun 2002 EAT Employment [ Bailii ] Â Bhadra v General Medical Council [2002] UKEAT 1489_01_2806 28 Jun 2002 EAT Employment [ Bailii ] Â Oyewole v Capital Citybus Ltd [2002] EAT 0852_00_2806 28 Jun 2002 EAT Employment [ Bailii ] Â Raeburn Drilling and Geotechnical Ltd v Alan Hunter EAT/152/02 28 Jun 2002 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Procedural Fairness Â E Oyewole v Capital Citybus Ltd EAT/852/00 28 Jun 2002 EAT The Honourable Mr Justice Maurice Kay Employment EAT Unfair Dismissal - Procedural Fairness Â Raeburn Drilling and Geotechnical Ltd v Alan Hunter EAT/152/02 28 Jun 2002 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Procedural fairness/automatically unfair dismissal. [ EATn ] Â Qua v John Ford Morrison Solicitors EAT/884/01 28 Jun 2002 EAT Mrs Recorder Cox Qc Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. 1 Citers [ EATn ] Â Curtis v Barclays Bank Plc [2002] UKEAT 1438_01_2806 28 Jun 2002 EAT Employment [ Bailii ] Â Dogstar Leisure Ltd v Perez [2002] UKEAT 1038_01_2806 28 Jun 2002 EAT Employment [ Bailii ] Â Lockhart and others v Navan at Armagh Management Ltd [2002] NIIT 2867_01 1 Jul 2002 NIIT Northern Ireland, Employment [ Bailii ] Â Ms Rachel Smart v John Mcaslan and Partners Ltd EAT/796/01 1 Jul 2002 EAT His Hon Judge D M Levy Qc Employment EAT National Minimum Wage - (no sub-topic). [ EATn ] Â Industrial Services Group Ltd v Mattinson and others [2002] UKEAT 1238_01_0107 1 Jul 2002 EAT Employment [ Bailii ] Â Moxon v Ipsos-Rsl Ltd [2002] UKEAT 634_01_0107 1 Jul 2002 EAT Employment [ Bailii ] Â Abegaze v Peterborough Regional College and others [2002] UKEAT 1168_01_0107 1 Jul 2002 EAT Employment [ Bailii ] Â Smart v John Mcaslan and Partners Ltd [2002] UKEAT 796_01_0107 1 Jul 2002 EAT Employment [ Bailii ] Â Wilson and NUJ, Palmer, Wyeth and RMT, Doolan and Others v The United Kingdom Times, 05 July 2002; 30668/96; [2002] ECHR 547; 30671/96; Times, 05 July 2002; [2002] IRLR 568; [2011] ECHR 1654 2 Jul 2002 ECHR J-P Costa, President and Judges A. Baka, G. Jorundsson, K. Jungwiert, M. Ugrekhelidze, A. Mularoni and Lord Phillips of Worth Matravers, ad hoc judge Section Registrar S. Dolle Employment The appellants were journalists and other workers, and members of trades unions. Their employers had de-recognised the unions, paying sums to buy out those rights. The claimants had not surrendered their rights, and had been paid less because of it. Held: The Act did not protect the employees rights of association as guaranteed by article 11. The freedom to be a trade union member received special protection. The absence of an obligation on employers to enter into collective bargaining agreements did not infringe the right of free association, but the UK law did allow employers to treat less favourably employees wanting to exercise their rights to be members of trade unions, and that was a breach. Art 11 could not be read to oblige public authorities to provide a legal mechanism to compel an employer to enter into negotiations with a particular trade union. Employment Protection (Consolidation) Act 1978 23(1)(a) - European Convention on Human Rights 11 1 Cites 1 Citers [ Bailii ] - [ Bailii ] Â Bournemouth Borough Council v Meredith EAT/626/01 2 Jul 2002 EAT The Honourable Mr Justice Maurice Kay Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â P Clough v Halifax Financial Services EAT/1252/01 2 Jul 2002 EAT Mrs Recorder Cox Qc Employment EAT Unfair Dismissal - Other [ EATn ] Â Bournemouth Borough Council v Meredith EAT/626/01 2 Jul 2002 EAT The Honourable Mr Justice Maurice Kay Employment EAT Unfair Dismissal - Reason for Dismissal Â South West Trains Ltd v S A Ireland EAT/873/01 2 Jul 2002 EAT His Hon Judge D M Levy Qc Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â Mccolgan v Dunanco (Roofing) Ltd [2002] NIIT 3923_01 2 Jul 2002 NIIT Northern Ireland, Employment [ Bailii ] Â South West Trains Ltd v S A Ireland EAT/873/01; [2002] UKEAT 0873_01_0207 2 Jul 2002 EAT His Hon Judge D M Levy QC Employment EAT Unfair Dismissal - Reason for Dismissal [ Bailii ] Â Grant v Pickering Interfaces Ltd [2002] UKEAT 1375_01_0307 3 Jul 2002 EAT Employment [ Bailii ] Â Jones and Another v Pauls Care Services Ltd [2002] UKEAT 0717_01_0307 3 Jul 2002 EAT Employment [ Bailii ] Â Jones v Northbrook College [2002] UKEAT 807_01_0307 3 Jul 2002 EAT Employment [ Bailii ] Â Voluntary Hostels Group v Patricia Horn EAT/603/01 & EAT/865/01 3 Jul 2002 EAT The Honourable Mr Justice Nelson Employment EAT Unfair Dismissal - Procedural fairness/automatically unfair dismissal. [ EATn ] Â London Borough of Hackney v L Joseph Campbell EAT/1260/01 4 Jul 2002 EAT The Honourable Mr Justice Maurice Kay Employment EAT Procedural Issues - Employment Tribunal Â Robertson v Bexley Community Centre (T/A Leisure Link) [2002] UKEAT 1516_00_0407; EAT/1516/00 4 Jul 2002 EAT Justice Wall Employment, Discrimination EAT Race Discrimination - Direct 1 Cites 1 Citers [ Bailii ] - [ EATn ] Â Fontana (Gb) Ltd v Fabio [2002] UKEAT 140_01_0407 4 Jul 2002 EAT Employment [ Bailii ] Â London Borough of Hackney v L Joseph, Campbell EAT/1260/01 4 Jul 2002 EAT The Honourable Mr Justice Maurice Kay Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â Hackney v Joseph and Another [2002] UKEAT 1260_01_0407 4 Jul 2002 EAT Employment [ Bailii ] Â Mcclelland v Avis Rent-A-Car Ltd [2002] NIIT 2192_01 4 Jul 2002 NIIT Northern Ireland, Employment [ Bailii ] Â Issa v Sandwell Healthcare NHS Trust Lingwood, Bradby and others EAT/929/01; [2002] UKEAT 0929_01_1207 4 Jul 2002 EAT His Hon Judge Clark Discrimination, Employment EAT Race Discrimination - Indirect [ Bailii ] - [ EAT ] Â A T Attrill (Deceased) v Wightlink Ltd EAT/1003/01; [2002] UKEAT 1003_01_0407 4 Jul 2002 EAT His Hon Judge D M Levy QC Employment EAT Procedural Issues - Employment Tribunal 1 Cites [ Bailii ] Â A T Attrill (Deceased) v Wightlink Ltd EAT/1003/01 4 Jul 2002 EAT His Hon Judge D M Levy Qc Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â Mensah v Heatherwood and Wexham Park Hospitals NHS Trust and others [2002] UKEAT 1393_01_0507 5 Jul 2002 EAT Employment, Discrimination 1 Cites 1 Citers [ Bailii ] Â N Godfrey v the Secretary of State for the Department of Trade and Industry EAT/830/96 AND OTHERS 5 Jul 2002 EAT The Honourable Mr Justice Lindsay (P) Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â Moore v University of Greenwich [2002] UKEAT 0942_01_0507 5 Jul 2002 EAT Employment 1 Cites 1 Citers [ Bailii ] Â Evans v University of Cambridge [2002] EWHC 1382 (Admin) 5 Jul 2002 Admn Scott Baker J Education, Employment Oxford and Cambridge Act 1923 [ Bailii ] Â Bopari v Grasshopper Babywear (Wolverhampton) Ltd [2002] UKEAT 284_01_0507 5 Jul 2002 EAT Employment [ Bailii ] Â Cousins and others v B/E Aerospace (Uk) Ltd [2002] NIIT 493_00 5 Jul 2002 NIIT Northern Ireland, Employment [ Bailii ] Â Hoopers of Leigh Ltd v Atkinson [2002] UKEAT 1280_01_0507 5 Jul 2002 EAT Employment [ Bailii ] Â Key Communications Ltd v Rose and others [2002] UKEAT 1292_00_0507 5 Jul 2002 EAT Employment [ Bailii ] Â Godfrey v The Secretary of State for the Department of Trade and Industry EAT/830/96 and others 5 Jul 2002 EAT The Honourable Mr Justice Lindsay (P) Employment EAT Unfair Dismissal - Reason for Dismissal Â G Aspinall v Mi Mech Forge Ltd EAT/891/01; [2002] UKEAT 891_01_2507 5 Jul 2002 EAT His Hon Judge J R Reid QC Employment To be protected, a disclosure had to be causative in the sense of being the real reason or core reason, the motive for the treatment complained of. 1 Cites 1 Citers [ Bailii ] - [ EATn ] Â Jaffrey v Department of Environment Transport and Regions [2002] UKEAT 692_01_0507 5 Jul 2002 EAT Employment [ Bailii ] Â Gaught v Fraser [2002] UKEAT 0674_01_0807 8 Jul 2002 EAT Employment [ Bailii ] Â Hall v Route 73 Kids [2002] UKEAT 483_01_0807 8 Jul 2002 EAT Employment [ Bailii ] Â J Hall v Route 73 Kids EAT/483/01 8 Jul 2002 EAT His Hon Judge D M Levy Qc Employment EAT Unfair Dismissal - Other [ EATn ] Â J Hall v Route 73 Kids 8 Jul 2002 EAT His Hon Judge D M Levy QC Employment EAT Unfair Dismissal - Other Â Bezant and Another v Tertiary Enterprises Ltd [2002] UKEAT 1308_01_0807 8 Jul 2002 EAT Employment [ Bailii ] Â Hemstead v Barnet [2002] UKEAT 1180_01_0807 8 Jul 2002 EAT Employment [ Bailii ] Â March v Pig Pub Company Ltd [2002] UKEAT 0215_00_0907 9 Jul 2002 EAT Employment [ Bailii ] Â H Patel v Syd Brown and Son Ltd EAT/584/01 9 Jul 2002 EAT Mr Recorder Langstaff QC Employment EAT Procedural Issues - Employment Tribunal Â Patel v Syd Brown and Sons Ltd [2002] UKEAT 0584_01_0907 9 Jul 2002 EAT Employment [ Bailii ] Â Paul March v the Pig Pub Company Ltd EAT/215/00 9 Jul 2002 EAT The Honourable Mr Justice Nelson Employment EAT Unfair Dismissal - Other [ EATn ] Â H Patel v Syd Brown and Son Ltd EAT/584/01 9 Jul 2002 EAT Mr Recorder Langstaff Qc Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â Cobley v Forward Technology Industries Plc [2002] UKEAT 0524_01_0907 9 Jul 2002 EAT Employment [ Bailii ] Â K Cobley v Forward Technology Industries Plc EAT/524/01 9 Jul 2002 EAT His Hon Judge Clark Employment EAT Unfair Dismissal - Other Â Paul March v the Pig Pub Company Ltd EAT/215/00 9 Jul 2002 EAT The Honourable Mr Justice Nelson Employment EAT Unfair Dismissal - Other Â K Cobley v Forward Technology Industries Plc EAT/524/01 9 Jul 2002 EAT His Hon Judge Clark Employment EAT Unfair Dismissal - Other [ EATn ] Â Mcveigh v Walsh and Another (T/A Squires Pantry) [2002] NIIT 2591_01 9 Jul 2002 NIIT Northern Ireland, Employment [ Bailii ] Â March v the Pig Pub Company Ltd [2002] EAT 0215_00_0907 9 Jul 2002 EAT Employment [ Bailii ] Â J Baker v Stratford Labour Hire Ltd EAT/943/01 10 Jul 2002 EAT His Hon Judge J R Reid QC Employment EAT Procedural Issues - Employment Tribunal Â Oakley v Barclays Bank Plc and others [2002] UKEAT 1348_01_1007 10 Jul 2002 EAT Employment [ Bailii ] Â Baker v Stratford Labour Hire Ltd [2002] UKEAT 0943_01_1007 10 Jul 2002 EAT Employment [ Bailii ] Â Herring v Sandlot Inc [2002] UKEAT 1362_01_1007 10 Jul 2002 EAT Employment [ Bailii ] Â Lanzante (T/A Hair UK) v Jefferies [2002] UKEAT 0702_01_1007; EAT/702/01 10 Jul 2002 EAT His Hon Judge Clark Discrimination, Employment EAT Sex Discrimination - Injury to Feelings [ Bailii ] - [ EAT ] Â Maxham v Provend Services Ltd [2002] EWCA Civ 1220 10 Jul 2002 CA Mummery LJ Employment Application for leave to appeal. [ Bailii ] Â J Baker v Stratford Labour Hire Ltd EAT/943/01 10 Jul 2002 EAT His Hon Judge J R Reid Qc Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â J S Young v Reading Brough Council EAT/293/01 11 Jul 2002 EAT His Honour Judge Peter Clark, Mrs J M Matthias, Mr H Singh Employment EAT Procedural Issues - Employment Appeal Tribunal The parties had settled the terms of an appeal before it came on for hearing. The EAT must still see that there is a good reason for the order sought. In this case there was. Â Croft v Consignia Plc [2002] EAT 1160_00_3009 11 Jul 2002 EAT Employment 1 Citers [ Bailii ] Â Opare-Addo v Wandsworth Borough Council [2002] UKEAT 740_01_1107 11 Jul 2002 EAT Employment [ Bailii ] Â Lentulus v Sutcliffe Catering (Uk) Ltd [2002] UKEAT 1145_01_1107 11 Jul 2002 EAT Employment [ Bailii ] Â Â Reda, Abdul-Jalil v Flag Limited; PC 11-Jul-2002 - [2002] IRLR 747; [2002] UKPC 38 Â M Colen and Other v Cebrian (Uk) Limited EAT/1026/01 11 Jul 2002 EAT His Hon Judge J Altman Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â Young v Reading Borough Council [2002] UKEAT 293_01_1107 11 Jul 2002 EAT Employment [ Bailii ] Â J S Young v Reading Brough Council EAT/293/01 11 Jul 2002 EAT His Hon Judge Clark Employment EAT Procedural Issues - Employment Appeal Tribunal. [ EATn ] Â Swiss Re Life and Health Ltd v A H Kay EAT/680/01; [2002] UKEAT 0680_01_1107 11 Jul 2002 EAT Mr Recorder Langstaff QC Employment The claimant solicitor had alleged disability discrimination, but several months later applied to amend his claim, to include a claim for unfair dismissal. The respondent appealed permission to do so. Held: The EAT was being asked to interfere with the exercise of a discretion, and faced a high hurdle. The tribunal should look at what the position would be if the application had been a free standing complaint, but that was not an exclusive requirement. The tribunal had been entitled to treat the words of the original complaint as an implication of a complaint for unfair dismissal. That decision could not be described as perverse. EAT Procedural Issues - Employment Tribunal. Employment Rights Act 1996 111 1 Cites 1 Citers [ Bailii ] - [ EATn ] Â The Post Office v K J Burkett EAT/258/01; [2002] UKEAT 0258_01_1207 12 Jul 2002 EAT Mr Recorder Langstaff QC Employment EAT Unfair Dismissal - Other EAT Unfair Dismissal - Other 1 Citers [ Bailii ] - [ EATn ] Â Raja v Jack Hunt School and Another [2002] UKEAT 1502_00_1207 12 Jul 2002 EAT Employment [ Bailii ] Â B Kyamanywa v London Borough of Hackney EAT/773/01 12 Jul 2002 EAT His Hon Judge Clark Employment EAT Procedural Issues - Employment Tribunal Â Kyamanywa v Hackney [2002] UKEAT 0773_01_1207 12 Jul 2002 EAT Employment [ Bailii ] Â Ms B Kyamanywa v London Borough of Hackney EAT/773/01 12 Jul 2002 EAT His Hon Judge Clark Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â Sykes v J P Morgan [2002] UKEAT 279_00_1207 12 Jul 2002 EAT Employment [ Bailii ] Â Obasa v Chisholm and others [2002] UKEAT 1455_01_1507 15 Jul 2002 EAT Employment 1 Citers [ Bailii ] Â Whitton v North East Lincolnshire Council [2002] UKEAT 1191_01_1507 15 Jul 2002 EAT Employment [ Bailii ] Â Sirdaw v Kingsland School and Another [2002] UKEAT 0874_01_1507 15 Jul 2002 EAT Employment [ Bailii ] Â Chief Constable of Cumbria v Mcglennon [2002] UKEAT 10_01_1507 15 Jul 2002 EAT Employment [ Bailii ] Â C Argenio v the Nec Group Ltd, Symphony Hall (Birmingham) Ltd EAT/448/01 16 Jul 2002 EAT His Hon Judge J R Reid Qc Employment EAT Procedural Issues - Employment Appeal Tribunal. [ EATn ] Â Armstrong v Walter Scott Motors (London) Ltd [2002] UKEAT 1152_01_1607 16 Jul 2002 EAT Employment [ Bailii ] Â Â Teinaz v London Borough of Wandsworth; CA 16-Jul-2002 - Gazette, 19 September 2002; [2002] Emp LR 1107; [2002] ICR 1471; [2002] EWCA Civ 1040; [2002] IRLR 721 Â C Argenio v The NEC Group Ltd, Symphony Hall (Birmingham) Ltd EAT/448/01 16 Jul 2002 EAT His Hon Judge J R Reid QC Employment EAT Procedural Issues - Employment Appeal Tribunal The appellant appealed a dismissal of his application to add a claim for disability discrimination, and sought to adduce additional evidence on the appeal. Held: The decision appealed against was an exercise of discretion. The claimant said it was an amendment of a claim implicit within the original claim. The reference to his dyslexia was to explain a different point, and could not be discerned to include a claim for discrimination on that ground. There was neither any basis for his claim of bias. The Tribunal had allowed the proceedings to be tape recorded because of particular circumstances of the appellant, but this will be exceptional. 1 Cites Â Ms Doreen Lesley Sharp v W G Ball Ltd EAT/294/01 17 Jul 2002 EAT His Hon Judge Prophet Employment EAT Unfair Dismissal - Procedural fairness/automatically unfair dismissal. [ EATn ] Â M J Bellas v Merseyrail Electrice EAT/641/01 17 Jul 2002 EAT The Honourable Mr Justice Nelson Employment EAT Procedural Issues - Employment Tribunal Â Bellas v Merseyrail Electrics [2002] UKEAT 0641_01_1707 17 Jul 2002 EAT Employment [ Bailii ] Â Sharp v W G Ball Ltd [2002] UKEAT 0294_01_1707 17 Jul 2002 EAT Employment [ Bailii ] Â M J Bellas v Merseyrail Electrice EAT/641/01 17 Jul 2002 EAT The Honourable Mr Justice Nelson Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â Doreen Lesley Sharp v W G Ball Ltd EAT/294/01 17 Jul 2002 EAT His Hon Judge Prophet Employment EAT Unfair Dismissal - Procedural Fairness Â S Hussain v Leicestershire Constabulary EAT/836/01 18 Jul 2002 EAT His Hon Judge J R Reid Qc Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â Iheme v Foxground Ltd and Another [2002] UKEAT 1683_01_1807 18 Jul 2002 EAT Employment [ Bailii ] Â Hussain v Leicestershire Constabulary [2002] UKEAT 836_01_1807 18 Jul 2002 EAT Employment [ Bailii ] Â Husain v Avon and Somerset Police and others [2002] UKEAT 1404_01_1807 18 Jul 2002 EAT Employment [ Bailii ] Â Jowitt v Pioneer Technology (Uk) Ltd [2002] UKEAT 0476_01_1807 18 Jul 2002 EAT Employment [ Bailii ] Â S Hussain v Leicestershire Constabulary EAT/836/01 18 Jul 2002 EAT His Hon Judge J R Reid QC Employment EAT Unfair Dismissal - Reason for Dismissal Â Stanley (Wainfleet ) Ltd v J F Sheridan EAT/1265/01; EAT/824/01; [2002] UKEAT 0824_01_1807; [2003] ICR 297; [2003] IRLR 52 18 Jul 2002 EAT Mr Recorder Langstaff QC Employment EAT Procedural Issues - Employment Tribunal 1 Cites 1 Citers [ Bailii ] - [ EATn ] Â Rudzki v University of Sunderland [2002] UKEAT 1341_01_1907 19 Jul 2002 EAT Employment [ Bailii ] Â C Ellison v Petrie Trucker and Partners Ltd EAT/795/01 19 Jul 2002 EAT His Hon Judge J R Reid QC Employment EAT Jurisdiction - Â Gould v The Governors of Haileybury and Imperial Services College and others EAT/1191/00; EAT/635/00 19 Jul 2002 EAT The Honourable Mr Justice Lindsay (P) Employment EAT Unfair Dismissal - Compensation 1 Cites Â J Astley and others v Celtec Ltd Times, 09 August 2002; Gazette, 26 September 2002; [2002] EWCA Civ 1035; [2002] ICR 1289; [2002] IRLR 629; [2002] Emp LR 1064; [2002] 3 CMLR 15, 19 Jul 2002 CA Lord Justice Schiemann, Lord Justice Laws and Mr Justice Jackson Employment, European Civil servants had been transferred to Training and Enterprise Councils in 1990, and resigned from the Civil Service in 1993. They appealed a decision that there had not been a transfer of an undertaking, and that they had continuity of employment. Held: The tribunal had focused on the date of transfer. Looking at the Directive rather than the Regulations, the skills of the claimants became available to the new organisation irrespective of the date of their resignation from the Civil Service, and the wording of the Directive was wide enough to allow application to a transfer which took place over an extended period of time. The appeal succeeded. Transfer of Undertakings (Protection of Employees) Regulations 1981 (SI 1981 No 1794) - Acquired Rights Directive 77/187/EEC (OJ 1977 L61) 1 Cites 1 Citers [ Bailii ] Â Bruce v Anderson and others [2002] UKEAT 1355_01_1907 19 Jul 2002 EAT Employment [ Bailii ] Â Gould v Haileybury and Imperial Service College and others [2002] UKEAT 635_00_1907 19 Jul 2002 EAT Employment [ Bailii ] Â C Ellison v Petrie Trucker and Partners Ltd EAT/795/01 19 Jul 2002 EAT His Hon Judge J R Reid Qc Employment EAT Jurisdiction - (no sub-topic). [ EATn ] Â Meadows (T/A Panther Auto Valeting) v Dodd [2002] UKEAT 1334_01_1907 19 Jul 2002 EAT Employment [ Bailii ] Â D Gould v The Governors of Haileybury and Imperial Services College and others EAT/635/00 & EAT/1191/00 19 Jul 2002 EAT The Honourable Mr Justice Lindsay (P) Employment EAT Unfair Dismissal - Compensation. [ EATn ] Â Colour House Laboratories v King [2002] UKEAT 1391_01_1907 19 Jul 2002 EAT Employment [ Bailii ] Â Ellison v Petrie Tucker and Partners Ltd [2002] UKEAT 0795_01_1907 19 Jul 2002 EAT Employment [ Bailii ] Â Dr K Sodipo v Stockport College of Further Education EAT/1394/01 22 Jul 2002 EAT The Honourable Mr Justice Nelson Employment EAT Unfair Dismissal - Reason for Dismissal Â Delaney v Nord Anglia International Ltd [2002] UKEAT 1061_01_2207 22 Jul 2002 EAT Employment [ Bailii ] Â Ramlugun v West London Mental Health NHS Trust [2002] UKEAT 1451_01_2207 22 Jul 2002 EAT Employment [ Bailii ] Â Whitehead v The Robertson Partnership [2002] UKEAT 0331_01_2207 22 Jul 2002 EAT His Hon Judge Clark Employment EAT Procedural Issues - Employment Tribunal. [ Bailii ] Â Conway v Dunnes Stores (Bangor) Ltd [2002] NIIT 2944_00 22 Jul 2002 NIIT Northern Ireland, Employment [ Bailii ] Â Lankey v British Airways Plc EAT/901/01 22 Jul 2002 EAT His Hon Judge J R Reid Qc Employment EAT Unfair Dismissal - Other [ EATn ] Â Â Andreou v Lord Chancellor's Department; CA 22-Jul-2002 - [2002] EWCA Civ 1192; [2002] IRLR 728 Â Dr K Sodipo v Stockport College of Further Education EAT/1394/01 22 Jul 2002 EAT The Honourable Mr Justice Nelson Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â Lankey v British Airways Plc EAT/901/01 22 Jul 2002 EAT His Hon Judge J R Reid QC Employment EAT Unfair Dismissal - Other 1 Cites 1 Citers Â Rochdale Metropolitan Borough Council v Jentas [2002] UKEAT 494_01_2307 23 Jul 2002 EAT Employment [ Bailii ] Â Bray v Camden [2002] UKEAT 1162_01_2307 23 Jul 2002 EAT Employment [ Bailii ] Â Rochdale Metropolitan Council v Ms C Jentas EAT/494/01 23 Jul 2002 EAT His Hon Judge J R Reid Qc Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â Sivanandan v London Borough of Enfield and others EAT/431/01; EAT/128/01; [2002] UKEAT 0128_01_2307 23 Jul 2002 EAT The Honourable Mr Justice Lindsay (P) Employment EAT Procedural Issues - Employment Tribunal 1 Cites 1 Citers [ Bailii ] - [ EATn ] Â Rochdale Metropolitan Council v C Jentas EAT/494/01 23 Jul 2002 EAT His Hon Judge J R Reid QC Employment EAT Unfair Dismissal - Reason for Dismissal Â P and O Tran European Ltd v Intil Transport Service Ltd, Tracey Hulse, Andrew Phillip, Colin Williams, John Thomason EAT/415/01 23 Jul 2002 EAT The Honourable Mr Justice Nelson Employment EAT Transfer of Undertakings - Acquired rights directive. [ EATn ] Â Gridquest Ltd T/A Select Employment, Piper Group Plc, XR Associates Ltd v K A Blackburn etc Times, 22 August 2002; [2002] EWCA Civ 1037 23 Jul 2002 CA Lord Justice Pill, Lord Justice Robert Walker and Sir Martin Nourse Employment The employer and employees disagreed about whether an element of holiday pay had been included in the rate of pay. Held: There had to be an explicit agreement between the parties before this could happen. It was not for one side unilaterally to impose its own understanding of the contract. The regulations referred to 'contractual' rates, which required agreement. If the employee had not agreed that the sum paid included a sum in respect of a period of leave, it was no part of the contract that the sum included an element of holiday pay. The decision of the Employment Tribunal was re-instated. Working Time Regulations 1998 (1998 No 1833) 16(5) 1 Cites 1 Citers [ Bailii ] Â Zaiwalla and Co (a Firm) v Walia Times, 01 August 2002; EAT/827/00; EAT/451/00; [2002] IRLR 697 24 Jul 2002 EAT Mr Justice Maurice Kay, Dr D. Grieves and Mr P. R. A. Jacques Employment, Damages, Discrimination The claimant sought aggravated damages for the aggressive way the respondent firm had defended her action for sex discrimination. Held: In exceptional circumstances, and this was one, the tribunal could award additional damages where a respondent behaved in his defence in an over-enthusiastic way: "If a respondent misconducts himself in the defence of a discrimination case, it may amount to victimisation of the applicant in respect of the protected act of bringing the claim. It is easy to imagine cases in which the misconduct amounting to victimisation might only arise at a late stage of the proceedings, perhaps only during the hearing. It seems to us that it would be regrettable if such victimisation could only be compensated by the commencement of further proceedings." Generally a party should be warned in advance that this might be considered, and such awards should remain the exception. The defendant said that the tribunal had not demonstrated its independence, but had restricted his cross examination of the claimant and had made many interruptions. The EAT found the allegation of bias unfounded. Though there had been a delay of three months before promulgation of the decision, there was no reason to think that it was undermined. The defendant had not met the test for alleging perversity as set down in Yeboah. "overenthusiastic litigants and litigants in Employment Tribunals may be tempted to read our conclusions in a way which would give the green light to claims for aggravated damages in respect of alleged misconduct in the defence of proceedings almost as a matter of routine. They would be wrong to do so. " Sex Discrimination Act 1975 65 1 Cites 1 Citers [ EATn ] Â Great North Eastern Railway Ltd v D Stock [2002] UKEAT 0211_01_2407 24 Jul 2002 EAT Employment [ Bailii ] Â Arroyo-Valencia v United Road Transport Union and others [2002] UKEAT 0418_01_2407 24 Jul 2002 EAT Employment [ Bailii ] Â Great North Eastern Railway Ltd v D Stock EAT/211/01 24 Jul 2002 EAT Mr Recorder Langstaff QC Employment EAT Unfair Dismissal - Other Â Great North Eastern Railway Ltd v D Stock EAT/211/01 24 Jul 2002 EAT Mr Recorder Langstaff Qc Employment EAT Unfair Dismissal - Other [ EATn ] Â Bournemouth Borough Council v Meredith [2002] UKEAT 626_01_2407 24 Jul 2002 EAT Employment [ Bailii ] Â Zaiwalla and Co v Walia [2002] UKEAT 451_00_2407 24 Jul 2002 EAT Employment [ Bailii ] Â I Sagoo v Weatherseal Holdings Ltd EAT/742/01 25 Jul 2002 EAT His Hon Judge Clark Employment EAT Unfair Dismissal - Compensation Â Kishwar Zishaan v Pfizer Limited EAT/1422/00 25 Jul 2002 EAT Mr Recorder Langstaff Qc Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â Scott and others v Yorkshire Miners Welfare Convalescent Homes and Another [2002] UKEAT 0673_00_2507 25 Jul 2002 EAT Employment [ Bailii ] Â I Sagoo v Weatherseal Holdings Ltd EAT/742/01 25 Jul 2002 EAT His Hon Judge Clark Employment EAT Unfair Dismissal - Compensation. [ EATn ] Â Kishwar Zishaan v Pfizer Limited EAT/1422/00 25 Jul 2002 EAT Mr Recorder Langstaff QC Employment EAT Procedural Issues - Employment Tribunal Â Zishaan v Pfizer Ltd [2002] UKEAT 1422_00_2507 25 Jul 2002 EAT Employment [ Bailii ] Â Sagoo v Weatherseal Holdings Ltd [2002] UKEAT 0742_01_2507 25 Jul 2002 EAT Employment [ Bailii ] Â Moseley v Service Direct (Uk) Plc [2002] EAT 1157_00_2607 26 Jul 2002 EAT Employment [ Bailii ] Â Â ALM Medical Services Limited v Bryan Bladon; CA 26-Jul-2002 - Times, 29 August 2002; Gazette, 03 October 2002; [2002] EWCA Civ 1085; [2002] Emp LR 1054; [2002] ICR 1444; [2002] IRLR 807 Â Stobbs v B Cookson Ltd [2002] UKEAT 560_01_2607; EAT/560/01 26 Jul 2002 EAT The Honourable Mr Justice Nelson Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ Bailii ] - [ EAT ] Â AON Risk Services (Uk) Limited v Edward John Mansell Child-Villiers [2002] EWCA Civ 1118 26 Jul 2002 CA Lord Justice Laws, Lord Justice May, Lord Phillips Master of the Rolls Contract, Employment The employee claimed commission on the acquisition of a major corporate client. The company claimed that the commission agreement related only to private client work. The company now appealed a finding against it. Held: The recorder had amended his judgement, which was doubtful as correct. He had awarded the same sum both on a quantum meruit basis, and on an incentive payment basis. This suggested a lack of understanding of the issues. The decision was set aside. The contract and background suggested that he was to introduce private client work, and incentive payments outside that scope did not apply. On a quantum meruit basis he would be entitled to a lesser sum calculated in a similar way to incentives payable to others within the corporate division. [ Bailii ] Â Royal National Orthopaedic Hospital Trust v L A Howard EAT/861/01 26 Jul 2002 EAT His Hon Judge J R Reid Qc Employment EAT Jurisdiction - (no sub-topic). [ EATn ] Â Fenton v Newham Community Health Services NHS Trust [2002] UKEAT 413_01_2607 26 Jul 2002 EAT Employment [ Bailii ] Â Crofton v Yeboah [2002] UKEAT 0475_00_2607 26 Jul 2002 EAT Employment 1 Cites 1 Citers [ Bailii ] Â the Governing Body of the Plume School v P Langshaw and F Thomas EAT/676/01 26 Jul 2002 EAT His Hon Judge Clark Employment EAT Unlawful Deduction from Wages - (no sub-topic). [ EATn ] Â Royal National Orthopaedic Hospital Trust v L A Howard EAT/861/01 26 Jul 2002 EAT His Hon Judge J R Reid QC Employment EAT Jurisdiction - Â The Governing Body of the Plume School v P Langshaw and F Thomas EAT/676/01 26 Jul 2002 EAT His Hon Judge Clark Employment EAT Unlawful Deduction from Wages - Â Moseley v Service Direct (Uk) Plc [2002] UKEAT 1157_00_2607 26 Jul 2002 EAT Employment [ Bailii ] Â Moseley v Service Direct (Uk) Plc [2002] UKEAT 0482_01_2607 26 Jul 2002 EAT Employment [ Bailii ] Â Â Hart v Navan at Armagh Management Ltd; NIIT 29-Jul-2002 - [2002] NIIT 91 Â K Kotecha v Insurety Plc and Capital Healthcare and others EAT/969/01 29 Jul 2002 EAT His Hon Judge J R Reid QC Employment EAT Jurisdiction - Â Bke- A Division of John Mowlam and Company Plc v S McLoughlin UKEAT/894/01/RN 29 Jul 2002 EAT The Honourable Mr Justice Nelson Employment EAT Transfer of Undertakings - Transfer. [ EATn ] Â Ms A Walton v Image Creative Ltd, Rowan Bayliss EAT/1471/00 29 Jul 2002 EAT Mr Commissioner Howell Qc Employment EAT Unfair Dismissal - Other [ EATn ] Â Hart v Navan at Armagh Management Ltd [2002] NIIT 3033_01 29 Jul 2002 NIIT Northern Ireland, Employment [ Bailii ] Â Â Trainor and others v Navan at Armagh Management Ltd; NIIT 29-Jul-2002 - [2002] NIIT 92 Â A Walton v Image Creative Ltd Rowan Bayliss EAT/1471/00 29 Jul 2002 EAT Mr Commissioner Howell QC Employment EAT Unfair Dismissal - Other Â Kotecha v Insurety Plc and others [2002] UKEAT 0969_01_2907 29 Jul 2002 EAT Employment [ Bailii ] Â Dudley Bower Building Services Ltd v P C Lowe, Ws Atkins Facilities Management Ltd, Serco Ltd EAT/856/01 29 Jul 2002 EAT The Honourable Mr Justice Nelson Employment EAT Transfer of Undertakings - Transfer. [ EATn ] Â Trainor and others v Navan at Armagh Management Ltd [2002] NIIT 2438_01 29 Jul 2002 NIIT Northern Ireland, Employment [ Bailii ] Â K Kotecha v Insurety Plc and Capital Healthcare and others EAT/969/01 29 Jul 2002 EAT His Hon Judge J R Reid Qc Employment EAT Jurisdiction - (no sub-topic). [ EATn ] Â Richards v Sussex Racial Equality Council and others [2002] UKEAT 875_01_3007; EAT/875/01 30 Jul 2002 EAT Peter Clark J Employment Appeal against strike out of clam. [ Bailii ] - [ EAT ] Â Hobson v London Borough of Hackney [2002] EWCA Civ 1237 30 Jul 2002 CA Peter Gibson, Arden LJJ, Cresswell J Employment, Discrimination Appeal against rejection of claim of sex discrimination. [ Bailii ] Â Carter (Deceased) v Cannock Chase Technical College [2002] EWCA Civ 1456 30 Jul 2002 CA Mummery LJ Employment Application for leave to appeal out of time. [ Bailii ] Â J Tomlinson Limited v Dennis Beecroft and others [2002] EAT 0931_01_3107 31 Jul 2002 EAT Employment [ Bailii ] Â J Tomlinson Ltd v Dennis Beecroft Paul Robertson Stavely Industrial Plc T/A Integral EAT/931/01 31 Jul 2002 EAT His Hon Judge Clark Employment EAT Procedural Issues - Employment Tribunal Â J Tomlinson Ltd v Dennis Beecroft, Paul Robertson, Stavely Industrial Plc T/A Integral EAT/931/01 31 Jul 2002 EAT His Hon Judge Clark Employment EAT Transfer of Undertakings - Transfer. [ EATn ] Â Â Hobson v Hackney London Borough Council; CA 31-Jul-2002 - Times, 22 October 2002 Â Plume School v Langshaw and Another [2002] UKEAT 676_01_3107 31 Jul 2002 EAT Employment [ Bailii ] Â London Borough of Southwark v Jiminez [2002] EWCA Civ 1435 31 Jul 2002 CA Kennedy, Mummery, Longmore LJJ Employment Renewed application for leave to appeal - granted on limited grounds 1 Cites 1 Citers [ Bailii ] Â J Tomlinson Ltd v Beecroft and others [2002] UKEAT 0931_01_3107 31 Jul 2002 EAT Employment [ Bailii ] Â Â Pratley v Surrey County Council; QBD 31-Jul-2002 - [2002] EWHC 1608 (QB) Â Â Godrich and Serwotka v Public and Commercial Services Union and Reamsbottom; ChD 31-Jul-2002 - [2002] EWHC 1642 (Ch) Â Heritage Fairway Ltd v E Saleh EAT/81/02; EAT/80/02 1 Aug 2002 EAT His Hon Judge J R Reid QC Employment EAT Unfair Dismissal - Other Â Highdorn Co Ltd v Saleh EAT/80/02 & EAT/81/02 1 Aug 2002 EAT His Hon Judge J R Reid Qc Employment EAT Unfair Dismissal [ EAT ] Â Inland Revenue Wales and Midlands v Bebb Travel Plc EAT/1311/01 1 Aug 2002 EAT His Hon Judge J R Reid Qc Employment EAT Unfair Dismissal - Other [ EATn ] Â Inland Revenue Wales and Midlands v Bebb Travel Plc EAT/1311/01 1 Aug 2002 EAT His Hon Judge J R Reid QC Employment EAT Unfair Dismissal - Other Minimum Wage Act 1998 Â Dr Simpson ( Chilled Food Ltd) v S K Stafford and J Allen EAT/440/01 2 Aug 2002 EAT His Hon Judge Clark Employment EAT Unfair Dismissal - Other [ EATn ] Â Dr Simpson ( Chilled Food Ltd) v S K Stafford and J Allen EAT/440/01 2 Aug 2002 EAT His Hon Judge Clark Employment EAT Unfair Dismissal - Other Â Dr Simpson (Chilled Foods Ltd) v Stafford and Another [2002] UKEAT 440_01_0208 2 Aug 2002 EAT Employment [ Bailii ] Â Woodcock v Bramcote Lorne School Trust EAT/432/02 2 Aug 2002 EAT The Honourable Mr Justice Lindsay (P) Employment EAT Procedural Issues - Employment Tribunal [ EAT ] Â Iqbal v Consignia Plc [2002] UKEAT 1364_01_0508 5 Aug 2002 EAT Employment 1 Citers [ Bailii ] Â Carshalton College v H Morris EAT/673/02 5 Aug 2002 EAT His Hon Judge J R Reid QC Employment EAT Unfair Dismissal - Other Â Sullivan v Bass Ireland Ltd [2002] NIIT 2210_00 5 Aug 2002 NIIT Northern Ireland, Employment [ Bailii ] Â Hughes v Technical Demolition Services Ltd [2002] NIIT 611_02 5 Aug 2002 NIIT Northern Ireland, Employment [ Bailii ] Â Carshalton College v H Morris EAT/673/01 5 Aug 2002 EAT His Hon Judge J R Reid Qc Employment EAT Unfair Dismissal - Other [ EATn ] Â Irish v Iss UK (Servicelink) Ltd [2002] UKEAT 1328_01_0608 6 Aug 2002 EAT Employment [ Bailii ] Â Baker and 15 others v the Home Office EAT/835/01; [2002] UKEAT 804_01_0808; EAT/804/01 7 Aug 2002 EAT His Hon Judge J R Reid QC Discrimination, Employment EAT Equal Pay Act EAT Equal Pay Act - (no sub-topic). [ Bailii ] - [ EAT ] Â McCormick v Boxmore Plastics Ltd [2002] NIIT 417_99 7 Aug 2002 NIIT Employment Religious/Political Discrimination/Dismissal/Breach of Contract/Disability Discrimination [ Bailii ] Â Johnson v Queen Elizabeth Hospital NHS Trust [2002] UKEAT 1331_01_0708 7 Aug 2002 EAT Employment [ Bailii ] Â Deaman v London Business School, Professor G Bains EAT/357/99 7 Aug 2002 EAT His Hon Judge D Serota Qc Employment EAT Procedural Issues - Employment Tribunal. [ EAT ] Â Deman v London Business School and Another [2002] UKEAT 0357_99_0708 7 Aug 2002 EAT Employment [ Bailii ] Â Mckenna v Department of Education [2002] NIIT 3919_01 8 Aug 2002 NIIT Northern Ireland, Employment [ Bailii ] Â Kirk v Jsm Couriers Ltd [2002] NIIT 2383_01 8 Aug 2002 NIIT Northern Ireland, Employment [ Bailii ] Â Ayovuare v Railtrack Plc [2002] UKEAT 1184_01_0908 9 Aug 2002 EAT Employment [ Bailii ] Â D Lassman v De Vere University Arm Hotel EAT/306/01; [2002] UKEAT 306_01_0908 9 Aug 2002 EAT His Hon Judge D Serota QC Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. 1 Cites [ Bailii ] - [ EATn ] Â AA Lawal v Northern Spirit Limited Times, 07 November 2002; Gazette, 28 November 2002; [2002] EWCA Civ 327 9 Aug 2002 CA Lord Justice Mummery, Phillips MR, Pill LJ Human Rights, Employment The appellant had had his case considered by the Employment Appeal Tribunal. He complained that his opponent had been represented in court by an advocate who himself sat part time in the EAT, and that this would lead to undue weight and respect being given to his arguments, so as to bias the tribunal. One of the EAT panel had previously sat on another panel with his opponent's representative. Held: The test was an objective one, whether a reasonable observer would see a risk of bias. The system of appointing part time members to the panel was appropriate and helpful. The reasonable observer must be assumed to be informed, and to make appropriate enquiries before reaching a conclusion. The system did include some measures to protect against this risk. In this case there were no additional ties between the representative and any member of the panel. (majority opinion) 1 Cites 1 Citers [ Bailii ] Â Secretary of State for Trade and Industry v C Campbell EAT/1480/01 11 Aug 2002 EAT His Hon Judge J Burke Qc Employment EAT Contract of Employment - Sick pay and holiday pay. [ EATn ] Â Sodipo v Stockport College of Further Education [2002] UKEAT 1394_01_1208 12 Aug 2002 EAT Employment [ Bailii ] Â Mcgahan v Taylor Civil Engineering Contractors Ltd [2002] NIIT 777_02 12 Aug 2002 NIIT Northern Ireland, Employment [ Bailii ] Â Brown v Target Kennel Supplies Ltd [2002] NIIT 3942_01 12 Aug 2002 NIIT Northern Ireland, Employment [ Bailii ] Â Delaney v Botanic Inns Ltd [2002] NIIT 538_02 12 Aug 2002 NIIT Northern Ireland, Employment [ Bailii ] Â Mclean v Yates Tr (N.I) Ltd [2002] NIIT 649_02 13 Aug 2002 NIIT Northern Ireland, Employment [ Bailii ] Â Mcconnell v Shore Manufacturing Ltd [2002] NIIT 488_02 13 Aug 2002 NIIT Northern Ireland, Employment [ Bailii ] Â Coca-Cola Enterprises v Shergill EAT/0003/02 13 Aug 2002 EAT His Hon Judge J R Reid Qc Employment EAT Unfair Dismissal - Other [ EAT ] Â De Wet v Network Neighbourhood Ltd [2002] NIIT 100 14 Aug 2002 NIIT Northern Ireland, Discrimination, Employment Breach of Contract/ Sex Discrimination/ Unlawful Deductions/ Race Discrimination/Unfair Dismissal [ Bailii ] Â Royal National Orthopaedic Hospital Trust v Howard [2002] UKEAT 861_01_1408 14 Aug 2002 EAT Employment [ Bailii ] Â Donnelly v Department of Finance and Personnel and Another [2002] NIIT 555_98 15 Aug 2002 NIIT Northern Ireland, Employment [ Bailii ] Â Anyia v Ealing [2002] UKEAT 1244_01_1508 15 Aug 2002 EAT Employment [ Bailii ] Â Gibbs v Institute for Optimum Nutrition [2002] UKEAT 1139_01_1608 16 Aug 2002 EAT Employment [ Bailii ] Â Walton v Image Creative Ltd and Another [2002] UKEAT 1471_00_1608 16 Aug 2002 EAT Employment [ Bailii ] Â Patel v Disability Rights Commission and Another [2002] UKEAT 0538_01_1608 16 Aug 2002 EAT Employment [ Bailii ] Â English v Martlet Estate Agents [2002] UKEAT 1030_01_1608 16 Aug 2002 EAT Employment [ Bailii ] Â Patel v Disability Right Commission, Tmp World Wide EAT/538/01 16 Aug 2002 EAT His Hon Judge J R Reid Qc Employment EAT Unfair Dismissal - Other [ EATn ] Â Inland Revenue Wales and Midlands v Bebb Travel Plc [2002] UKEAT 1311_01_1608 16 Aug 2002 EAT Employment [ Bailii ] Â Bebb Travel plc v Inland Revenue of England and Wales Times, 30 October 2002 16 Aug 2002 EAT Reid J Employment The respondent issued a notice requiring the applicant to comply with the Act. They appealed an order which refused to provide for payments to former workers. Held: A notice under the Act must relate to present and future workers. For such workers it was possible to make orders for previous periods, but it was not possible to make an order which applied only historically. National Minimum Wages Act 1998 19(1) 1 Cites 1 Citers Â Patel v Disability Right Commission Tmp World Wide EAT/538/01 16 Aug 2002 EAT His Hon Judge J R Reid QC Employment EAT Unfair Dismissal - Other Â Fleming v Halus and others [2002] NIIT 174_98 16 Aug 2002 NIIT Northern Ireland, Employment [ Bailii ] Â Lovett v Wigan Borough Council [2002] UKEAT 1208_01_1608 16 Aug 2002 EAT Employment 1 Cites 1 Citers [ Bailii ] Â Carshalton College v Morris [2002] UKEAT 0673_01_1908 19 Aug 2002 EAT Employment [ Bailii ] Â Khan v Hackney [2002] UKEAT 1123_00_1908 19 Aug 2002 EAT Employment [ Bailii ] Â Dougherty v Craig [2002] NIIT 445_02 20 Aug 2002 NIIT Northern Ireland, Employment [ Bailii ] Â Shaw v McCoy (T/A Illuminaire) [2002] NIIT 3185_01 21 Aug 2002 NIIT Northern Ireland, Employment [ Bailii ] Â W Sibanda v Barnet Community Healthcare NHS Trust Jeff Tan Emily Newman EAT/496/01 21 Aug 2002 EAT His Hon Judge D Serota QC Employment EAT Procedural Issues - Employment Tribunal Â Jaafar v Flexal Springs Ltd [2002] UKEAT 1321_01_2108 21 Aug 2002 EAT Employment [ Bailii ] Â Sibanda v Barnet Community Healthcare NHS Trust and others [2002] UKEAT 496_01_2108 21 Aug 2002 EAT Employment [ Bailii ] Â W Sibanda v Barnet Community Healthcare NHS Trust, Jeff Tan, Emily Newman EAT/496/01 21 Aug 2002 EAT His Hon Judge D Serota Qc Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â Fernandez v Exley Transport Ltd [2002] UKEAT 0681_02_2208 22 Aug 2002 EAT Employment [ Bailii ] Â Sheffield City Council Direct Services v Barton [2002] UKEAT 779_01_2308 23 Aug 2002 EAT Employment [ Bailii ] Â James Lindsay v Johnson Control Systems Ltd EAT/28/02 26 Aug 2002 EAT The Honourable Lord Johnston Employment EAT Procedural Issues - Employment Tribunal Â James Lindsay v Johnson Control Systems Ltd EAT/28/02 26 Aug 2002 EAT The Honourable Lord Johnston Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â Stirling and Mair v Meikle EAT/27/02 27 Aug 2002 EAT The Honourable Lord Johnston Employment EAT Contract of Employment - Breach of Contract [ EAT ] Â Omar v Norfil Ltd [2002] NIIT 2266_98 27 Aug 2002 NIIT Northern Ireland, Employment [ Bailii ] Â Linda Ryan v Harper Collins Publishers Ltd EAT/232/02 28 Aug 2002 EAT The Honourable Lord Johnston Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â Bannister v Salvesen [2002] NIIT 746_02 28 Aug 2002 NIIT Northern Ireland, Employment [ Bailii ] Â Eamonn Rankin T/A Masonhill Service Station v Bernard Smith EAT/233/02 28 Aug 2002 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Procedural fairness/automatically unfair dismissal. [ EATn ] Â Bannister v Salvesen [2002] NIIT 107 28 Aug 2002 NIIT Employment NIIT Breach of Contract - application dismissed [ Bailii ] Â Smyth v Composite Dynamics Ltd [2002] NIIT 734_02 28 Aug 2002 NIIT Northern Ireland, Employment [ Bailii ] Â Linda Ryan v Harper Collins Publishers Ltd EAT/232/02 28 Aug 2002 EAT The Honourable Lord Johnston Employment EAT Procedural Issues - Employment Tribunal Â Acco (Uk) Ltd v E Monge EAT/624/01 29 Aug 2002 EAT His Hon Judge D Serota Qc Employment EAT Unfair Dismissal - Procedural fairness/automatically unfair dismissal. [ EATn ] Â Chohan, Bains v Logan, Quinn, Post Office Ltd EAT/284/02 29 Aug 2002 EAT The Honourable Lord Johnston Employment EAT Contract of Employment - Definition of Employee [ EATn ] Â Acco (Uk) Ltd v Monge [2002] UKEAT 624_01_2908 29 Aug 2002 EAT Employment [ Bailii ] Â Sylvester v Woolacombe Bay Holiday Parcs [2002] UKEAT 591_00_2908 29 Aug 2002 EAT Employment [ Bailii ] Â B Flatley v the Society of Motor Manufacturers and Traders Ltd EAT/919/01 29 Aug 2002 EAT His Hon Judge J R Reid Qc Employment EAT Unfair Dismissal - Other [ EATn ] Â Mcpherson Ltd T/A Tdg Mcpherson v David Armour EAT/234/02 29 Aug 2002 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Procedural Fairness Â McPherson Ltd T/A TDG Mcpherson v Armour EAT/234/02 29 Aug 2002 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Procedural fairness/automatically unfair dismissal. [ EATn ] Â Henderson v Chiltern Inva-Dex Ltd and others [2002] NIIT 61_01 29 Aug 2002 NIIT Northern Ireland, Employment [ Bailii ] Â B Flatley v The Society of Motor Manufacturers and Traders Ltd EAT/919/01 29 Aug 2002 EAT His Hon Judge J R Reid QC Employment EAT Unfair Dismissal - Other Â Acco (Uk) Ltd v E Monge EAT/624/01 29 Aug 2002 EAT His Hon Judge D Serota QC Employment EAT Unfair Dismissal - Procedural Fairness Â Lankey v British Airways Plc [2002] UKEAT 901_01_3008 30 Aug 2002 EAT Employment 1 Cites [ Bailii ] Â Marcelline v Middle East Airlines [2002] UKEAT 834_01_3008 30 Aug 2002 EAT Employment [ Bailii ] Â K Mrcelline v Middle East Airlines EAT/834/01 30 Aug 2002 EAT His Hon Judge J R Reid Qc Employment EAT Contract of Employment - Breach of Contract. [ EATn ] Â Kevin Thomas v St Johnstone Football Club Ltd EAT/48/02 30 Aug 2002 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Procedural Fairness EAT Unfair Dismissal - Procedural fairness/automatically unfair dismissal. [ EATn ] Â K Mrcelline v Middle East Airlines EAT/834/01 30 Aug 2002 EAT His Hon Judge J R Reid QC Employment EAT Contract of Employment - Breach of Contract Â Chapman v Mcculla (Ireland) Ltd [2002] NIIT 694_02 30 Aug 2002 NIIT Northern Ireland, Employment [ Bailii ] Â Mccullough v Police Authority for Northern Ireland and others [2002] NIIT 3314_01 2 Sep 2002 NIIT Northern Ireland, Employment [ Bailii ] Â Johnson v Camden and Islington Community Health Services [2002] UKEAT 900_01_0209 2 Sep 2002 EAT Employment [ Bailii ] Â J Johnson v Camden and Islington Community Service NHS Trust Jan Joseph Dr Sue Smith EAT/900/01 2 Sep 2002 EAT His Hon Judge D Serota QC Employment EAT Unfair Dismissal - Other Â Olukemi Ogunleye v Greater Manchester Probation Committee [2002] UKEAT 0817_01_0209; EAT/817/01 2 Sep 2002 EAT Mr Recorder Burke Qc Employment EAT Unfair Dismissal - Other 1 Cites [ Bailii ] - [ EATn ] Â J Johnson v Camden and Islington Community Service NHS Trust, Jan Joseph, Dr Sue Smith EAT/900/01 2 Sep 2002 EAT His Hon Judge D Serota Qc Employment EAT Unfair Dismissal - Other [ EATn ] Â Taggart v Coleraine Joinery Ltd [2002] NIIT 3918_01 2 Sep 2002 NIIT Northern Ireland, Employment [ Bailii ] Â Taggart v Coleraine Joinery Ltd (In Liquidation) [2002] NIIT 111 2 Sep 2002 NIIT Northern Ireland, Employment Holiday Pay [ Bailii ] Â Gamble v Montgomery (T/A Simply Pizza) [2002] NIIT 112 3 Sep 2002 NIIT Employment Art. 40 Pay Statement [ Bailii ] Â Mcgarrigle v St Brecan's High School and Another [2002] NIIT 2666_99 3 Sep 2002 NIIT Northern Ireland, Employment [ Bailii ] Â Larmour v Wright and Another [2002] NIIT 2559_01 3 Sep 2002 NIIT Northern Ireland, Employment [ Bailii ] Â Gamble v Montgomery (T/As Simply Pizza) [2002] NIIT 3275_01 3 Sep 2002 NIIT Northern Ireland, Employment [ Bailii ] Â Mcgahey v Mcferran and others [2002] NIIT 2594_99 4 Sep 2002 NIIT Northern Ireland, Employment [ Bailii ] Â Mckay v Mcauley (T/A Ergana Corn Mill) [2002] NIIT 829_02 4 Sep 2002 NIIT Northern Ireland, Employment [ Bailii ] Â Kerr v North Down and Ards Institute of Further and Higher Education and others [2002] NIIT 674_02 4 Sep 2002 NIIT Northern Ireland, Employment [ Bailii ] Â Mcfaul v Pollock [2002] NIIT 1482_99 4 Sep 2002 NIIT Northern Ireland, Employment [ Bailii ] Â Shamshiri-Fard v Template Europe Ltd and Another [2002] UKEAT 642_01_0409 4 Sep 2002 EAT Employment [ Bailii ] Â Maguire v O'Hare and Another [2002] NIIT 518_02 5 Sep 2002 NIIT Northern Ireland, Employment [ Bailii ] Â Surrey Police v Marshall [2002] UKEAT 774_01_0509 5 Sep 2002 EAT Employment [ Bailii ] Â Hubberstey v South Ribble Borough Council [2002] UKEAT 0097_01_0509 5 Sep 2002 EAT Employment [ Bailii ] Â Mckeown v The Royal Group of Hospitals [2002] NIIT 1736_00 5 Sep 2002 NIIT Northern Ireland, Employment [ Bailii ] Â Mckeown v the Royal Group of Hospitals and Another (Sex Discrimination) [2002] NIIT 117 5 Sep 2002 NIIT Northern Ireland, Employment [ Bailii ] Â Maguire v O'Hare and Another (T/A O'Hare Transport) (Unfair Dismissal) [2002] NIIT 118 5 Sep 2002 NIIT Northern Ireland, Employment [ Bailii ] Â Kennedy v Lavelle and Mcalinden Building Contractors (Unfair Dismissal) [2002] NIIT 116 5 Sep 2002 NIIT Northern Ireland, Employment [ Bailii ] Â Burns v Department of Social Development and others [2002] NIIT 2606_00 5 Sep 2002 NIIT Northern Ireland, Employment [ Bailii ] Â Chapman (T/A Premier Care Home Care Services) v Hume [2002] UKEAT 1016_01_0509 5 Sep 2002 EAT Employment [ Bailii ] Â C Argenio v Nec Group Ltd and Another [2002] UKEAT 448_01_0509 5 Sep 2002 EAT Employment [ Bailii ] Â Kennedy v Lavelle and Mcalinden Building Contractors [2002] NIIT 3170_01 5 Sep 2002 NIIT Northern Ireland, Employment [ Bailii ] Â Seray-Wurie v Skinners' Company School for Girls and Another [2002] EWCA Civ 1393 6 Sep 2002 CA Tuckey LJ Employment, Discrimination The claimant sought leave to appeal against rejection of her appeals against dismissal of her claims for race discrimination and unfair dismissal. Held: The Tribunal had properly dealt with the allegations of bias. The EAT had also made appropriate enquireis and satisfied itself on the point. Leave refused. [ Bailii ] Â Robinson v Finlay Communications Ltd [2002] NIIT 1049_02 6 Sep 2002 NIIT Northern Ireland, Employment [ Bailii ] Â Complete Clean Ltd v K Savage Design and Clare Cleaning Services Ltd Buffer Bear Ltd EAT/668/01 9 Sep 2002 EAT His Hon Judge D Serota QC Employment EAT Transfer of Undertakings - Dismissal Â Wilson v Price Waterhouse Coopers [2002] NIIT 1925_00 9 Sep 2002 NIIT Northern Ireland, Employment [ Bailii ] Â Leeds Rhinos Rugby Club and others v Sterling [2002] UKEAT 267_01_0909 9 Sep 2002 EAT Employment [ Bailii ] Â Complete Clean Ltd v Ms K Savage, Design and Clare Cleaning Services Ltd, Buffer Bear Ltd EAT/668/01 9 Sep 2002 EAT His Hon Judge D Serota Qc Employment EAT Transfer of Undertakings - Dismissal. [ EATn ] Â Evans v Marks and Spencer Plc [2002] NIIT 120 10 Sep 2002 NIIT Employment Application Withdrawn [ Bailii ] Â Evans v Marks and Spencer Plc [2002] NIIT 1200_01 10 Sep 2002 NIIT Employment [ Bailii ] Â Whiley v Christopher Clarke Workshops Ltd [2002] UKEAT 1403_01_1009 10 Sep 2002 EAT Employment [ Bailii ] Â J A Dos Santos v D Carvalho and R Day EAT/811/01 10 Sep 2002 EAT The Honourable Mr Justice Maurice Kay Employment EAT Transfer of Undertakings - Dismissal. [ EAT ] Â Â Regan v SC Contractors (NI) Ltd; NIIT 11-Sep-2002 - [2002] NIIT 121 Â Mackey v Crawford (T/A Maries International) [2002] NIIT 4643_99 11 Sep 2002 NIIT Northern Ireland, Employment [ Bailii ] Â Mcdonnell v Patterson and Another [2002] NIIT 379_01 11 Sep 2002 NIIT Northern Ireland, Employment [ Bailii ] Â Newnham Farm Ltd v v L Powell EAT/0711/01 11 Sep 2002 EAT Mr Recorder Burke Qc Employment EAT Unfair Dismissal - Other [ EATn ] Â Elliott v Gateshead Metropolitan Borough Council [2002] UKEAT 0367_01_1109 11 Sep 2002 EAT Employment [ Bailii ] Â Galloway v Birmingham City Council and others [2002] UKEAT 503_01_1109 11 Sep 2002 EAT Employment [ Bailii ] Â Goetz v South Thames Department of Postgraduate Education [2002] UKEAT 1415_01_1109 11 Sep 2002 EAT Employment [ Bailii ] Â Regan v Sc Contractors (Ni) Ltd [2002] NIIT 1718_00 11 Sep 2002 NIIT Northern Ireland, Employment [ Bailii ] Â Howard Godfrey Horsley v The Secretary of State for International Development EAT/863/01; EAT/1482/00 12 Sep 2002 EAT His Hon Judge D Serota QC Employment EAT Unfair Dismissal - Other Â A Rofique v the Governing Body of Turves Green Girls School EAT/569/02 12 Sep 2002 EAT His Hon Judge Mcmullen QC Employment EAT Unfair Dismissal - Constructive Dismissal Â Horsley v Secretary of State for International Development [2002] UKEAT 1482_00_1209 12 Sep 2002 EAT Employment [ Bailii ] Â A Rofique v the Governing Body of Turves Green Girls School EAT/569/02 12 Sep 2002 EAT His Hon Judge Mcmullen Qc Employment EAT Unfair Dismissal - Constructive dismissal. [ EATn ] Â Howard Godfrey Horsley v the Secretary of State for International Development EAT/1482/00 & EAT/863/01 12 Sep 2002 EAT His Hon Judge D Serota Qc Employment EAT Unfair Dismissal - Other [ EATn ] Â Commissioner of Police of the Metropolis v Ledlie [2002] UKEAT 1215_01_1309 13 Sep 2002 EAT Employment [ Bailii ] Â Stansbury v Datapulse Plc and Another [2002] UKEAT 1255_01_1309 13 Sep 2002 EAT Employment 1 Citers [ Bailii ] Â Hardway v Gatwick Express Ltd [2002] UKEAT 1302_01_1309 13 Sep 2002 EAT Employment [ Bailii ] Â Leath v University of Ulster [2002] NIIT 3702_01 16 Sep 2002 NIIT Northern Ireland, Employment [ Bailii ] Â Cupples v 4/5 Rangers and Another (Unfair Dismissal) [2002] NIIT 123 16 Sep 2002 NIIT Northern Ireland, Employment [ Bailii ] Â Cupples v 4/5 Rangers and Ministry of Defence [2002] NIIT 3398_99 16 Sep 2002 NIIT Northern Ireland, Employment [ Bailii ] Â Raynor v Mckenna [2002] UKEAT 0569_01_1609 16 Sep 2002 EAT Employment [ Bailii ] Â Smith v Social Security Agency and others [2002] NIIT 126 16 Sep 2002 NIIT Employment (Preliminary Issue : Whether Applicant Disabled) [ Bailii ] Â Smith v Social Security Agency and others [2002] NIIT 1736_01 16 Sep 2002 NIIT Northern Ireland, Employment [ Bailii ] Â Russell v Ministry of Defence [2002] NIIT 3534_01 16 Sep 2002 NIIT Northern Ireland, Employment [ Bailii ] Â Russell v Ministry of Defence (Preliminary Issue- Jursidiction) [2002] NIIT 125 16 Sep 2002 NIIT Northern Ireland, Employment [ Bailii ] Â A Power v Panasonic UK Ltd EAT/747/01; [2003] IRLR 151; [2002] UKEAT 747_01_1709 17 Sep 2002 EAT Ms Recorder Slade QC Discrimination, Employment EAT The tribunal had held that the applicant was not a disabled person within the meaning of the Act because only of an addiction to alcohol. This was not to be treated as an impairment. She also suffered from depression. Held: The tribunal should have determined whether the depression constituted an impairment within the meaning of the Act without inquiring into its cause. "Further, in our judgment, the employment tribunal erred in its approach, as evidenced in the last sentence of paragraph 24 of its decision. It is not material to a decision as to whether a person is suffering a disability within the meaning of the Act, to consider how the impairment from which they are suffering was caused. What is material is to ascertain whether the disability from which they are suffering at the material time is a disability within the meaning of the Act or whether, where it is relevant as in this case, it is an impairment which is excluded by reason of the Regulations from being treated as such a disability." 1 Cites 1 Citers [ Bailii ] - [ EATn ] Â Powell v Warwickshire County Council and Another [2002] UKEAT 1010_01_1709 17 Sep 2002 EAT Employment [ Bailii ] Â Day v Ocs Support Services and others (Constructive Dismissal) [2002] NIIT 127 17 Sep 2002 NIIT Northern Ireland, Employment [ Bailii ] Â Leach v Flexiprint Ltd [2002] UKEAT 0163_01_1709; [2002] UKEAT 01_0163_1709 17 Sep 2002 EAT Employment [ Bailii ] - [ Bailii ] Â Lawrence and others v Regent Office Care Ltd and Others C-320/00; [2002] EUECJ C-320/00; [2003] ICR 1092 17 Sep 2002 ECJ Case C-320/00 European, Employment, Discrimination The employees claimed sex discrimination, and sought to have as comparators, male employees of an employer who had previously employed some of them, before a TUPE transfer of the services supplied. The Court of Appeal referred to the court the question of whether they could rely upon Article 141(1) to base such a comparison. Held: There was nothing explicit in the wording to restrict the comparison. However, here there was no one body answerable for the inequality and the comparison was invalid. There is, in this connection, nothing in the wording of article 141(1) EC to suggest that the applicability of that provision is limited to situations in which men and women work for the same employer. The court has held that the principle established by that article may be invoked before national courts in particular in cases of discrimination arising directly from legislative provisions or collective labour agreements, as well as in cases in which work is carried out in the same establishment or service, whether private or public: see, inter alia, Defrenne [1976] ICR 547, 568, para 40; Macarthys Ltd v Smith (Case 129/79 [1980] ICR 672, 690, para 10, and Jenkins v Kingsgate (Clothing Productions) Ltd (Case 96/80) [1981] ICR 592, 613-614, para 17. However, where, as in the main proceedings here, the differences identified in the pay conditions of workers performing equal work or work of equal value cannot be attributed to a single source, there is no body which is responsible for the inequality and which could restore equal treatment. Such a situation does not come within the scope of article 141(1) EC. The work and the pay of those workers cannot therefore be compared on the basis of that provision. In view of all the of the foregoing, the answer to the first question must be that a situation such as that in the main proceedings, in which the differences identified in the pay conditions of workers of different sex performing equal work or work of equal value cannot be attributed to a single source, does not come within the scope of article 141(1) EC." EC Treaty 119 141(1) 1 Cites 1 Citers [ Bailii ] Â Clarke v Tnt Web Solutions Ltd [2002] NIIT 996_02 18 Sep 2002 NIIT Northern Ireland, Employment [ Bailii ] Â C Hill v North Staffordshire Combined Healthcare NHS Trust EAT/1002/01 18 Sep 2002 EAT Ms Recorder Slade Qc Employment EAT Unfair Dismissal - Procedural fairness/automatically unfair dismissal. [ EATn ] Â C Bicknell v Securitas UK Ltd EAT/1336/01 18 Sep 2002 EAT Mr Recorder Underhill Qc Employment EAT Jurisdiction - (no sub-topic). [ EATn ] Â C Bicknell v Securitas UK Ltd EAT/1336/01 18 Sep 2002 EAT Mr Recorder Underhill QC Employment EAT Jurisdiction - Â Bicknell v Securitas UK Ltd [2002] UKEAT 1336_01_1809 18 Sep 2002 EAT Employment [ Bailii ] Â Transport and Trade Union Workers Union v Nicolaou and others [2002] UKEAT 289_00_1809 18 Sep 2002 EAT Employment [ Bailii ] Â Kosbab and others v London United Busways Ltd [2002] UKEAT 1037_01_1909 19 Sep 2002 EAT Employment [ Bailii ] Â Marcelle v Westminster City Council [2002] UKEAT 1326_01_1909 19 Sep 2002 EAT Employment [ Bailii ] Â the Scotts Company (Uk) Ltd v J Budd EAT/823/01 19 Sep 2002 EAT His Hon Judge J Burke Qc Employment EAT Contract of Employment - Breach of Contract. [ EATn ] Â Gidella and others v Wandsworth Borough Council [2002] UKEAT 1507_00_1909 19 Sep 2002 EAT Employment [ Bailii ] Â The Scotts Company (Uk) Ltd v J Budd EAT/823/01 19 Sep 2002 EAT His Hon Judge J Burke QC Employment EAT Contract of Employment - Breach of Contract 1 Cites 1 Citers Â Aqua-Gas (Valves and Fittings) Ltd v Brunning [2002] UKEAT 920_01_2009 20 Sep 2002 EAT Employment [ Bailii ] Â Erhayiem v Stockport and High Peak Tec Ltd H Smith EAT/668/01 20 Sep 2002 EAT His Hon Judge D Serota QC Employment EAT Unfair Dismissal - Other Â Erhayiem v Stockport and High Peak Tec Ltd H Smith EAT/705/01 20 Sep 2002 EAT His Hon Judge D Serota QC Employment EAT Procedural Issues - Employment Tribunal Â Corr and others v Dungannon and South Tyrone Borough Council [2002] NIIT 830_02 20 Sep 2002 NIIT Northern Ireland, Employment [ Bailii ] Â Erhayiem v Stockport and High Peak Tec Ltd, H Smith EAT/705/01 20 Sep 2002 EAT His Hon Judge D Serota Qc Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â Erhayiem v Stockport and High Peak Tec Ltd and Another [2002] UKEAT 705_01_2009 20 Sep 2002 EAT Employment [ Bailii ] Â Erhayiem v Stockport and High Peak Tec Ltd, H Smith EAT/668/01 20 Sep 2002 EAT His Hon Judge D Serota Qc Employment EAT Unfair Dismissal - Other [ EATn ] Â Bishara v Barnsley District General Hospital NHS Trust [2002] UKEAT 207_02_2009 20 Sep 2002 EAT Employment [ Bailii ] Â Thompson v Community Health South London NHS Trust [2002] EAT 1051_00_2309 23 Sep 2002 EAT Employment [ Bailii ] Â Heatric Ltd v Andrew Hill EAT/251/01 23 Sep 2002 EAT His Hon Judge D Serota Qc Employment EAT Unfair Dismissal - Other [ EATn ] Â June Fox v The Scottish Ministers EAT/231/02 23 Sep 2002 EAT The Honourable Lord Johnston Employment EAT Procedural Issues - Employment Tribunal Â Heatric Ltd v Hill [2002] UKEAT 0251_01_2309 23 Sep 2002 EAT Employment [ Bailii ] Â Nahar v York Healthcare Trust and Another [2002] UKEAT 1006_01_2309 23 Sep 2002 EAT Employment [ Bailii ] Â Obasa v Chisholm and Another [2002] UKEAT 1455_01_2309 23 Sep 2002 EAT Employment 1 Cites [ Bailii ] Â Thompson v Community Health South London NHS Trust [2002] UKEAT 1051_00_2309 23 Sep 2002 EAT Employment [ Bailii ] Â Heatric Ltd v Andrew Hill EAT/251/01 23 Sep 2002 EAT His Hon Judge D Serota QC Employment EAT Unfair Dismissal - Other Â June Fox v the Scottish Ministers EAT/231/02 23 Sep 2002 EAT The Honourable Lord Johnston Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â O'Flynn v Airport Coach Company Ltd [2002] EWCA Civ 1570 24 Sep 2002 CA Employment Renewed application for leave to appeal. 1 Cites 1 Citers [ Bailii ] Â London Borough of Camden v K P Collins, M R J Clements EAT/1436/01 24 Sep 2002 EAT His Hon Judge D Serota Qc Employment EAT Unfair Dismissal - Other [ EATn ] Â Rowe and Cohen v S J Rankin EAT/930/01; EAT/739/01 24 Sep 2002 EAT Mr Recorder Underhill Qc Employment EAT Unfair Dismissal - Other 1 Citers [ EATn ] Â London Borough of Camden v K P Collins M R J Clements EAT/1436/01 24 Sep 2002 EAT His Hon Judge D Serota QC Employment EAT Unfair Dismissal - Other Â Dunlop v J and J Haslett Ltd [2002] NIIT 495_02 24 Sep 2002 NIIT Northern Ireland, Employment [ Bailii ] Â Nerva And Others v The United Kingdom Times, 10 October 2002; 42295/98; [2002] ECHR 628; [2002] ECHR 633 24 Sep 2002 ECHR J P Costa, Baka, Bratza, Jorundsson, Loucaides, Birsan, Ugrekhelidze Human Rights, Employment The claimants were waiters. Tips paid were included in credit card payments to their employers, who then paid them out in 'additional pay'. The waiters claimed that this was then included within the wage, and used to calculate their minimum pay. Instead it had been paid to the employers on trust and was not to be included within the minimum wage calculation. They now appealed claiming that treating the tips otherwise, was an unlawful interference with their property rights. Held: The employee would pay tax and national insurance on the sum in question, would receive it before their employer, and payment was guaranteed even if the transaction was fraudulent. There was no interference in their property rights. How tips were treated was a matter of private contract between employer and employee. A customers possible expectation as to the legal implications of the application of the tip paid was too uncertain a basis to found a breach. European Convention on Human Rights 14 1 Cites [ Bailii ] - [ Bailii ] Â Elaine Glennie v Aberdeen City Council EATS/0002/02; [2002] UKEAT 0002_02_2409 24 Sep 2002 EAT The Honourable Lord Johnston Employment, Scotland, Discrimination EAT Sex Discrimination - Victimisation [ EATn ] Â Albion Hotel (Freshwater)Ltd v M Maia Silva L A Maia E Silva EAT/375/00 24 Sep 2002 EAT His Hon Judge D M Levy Qc Employment EAT Unfair Dismissal - Other [ EATn ] Â Fitzgerald and Another v the Department for Employment and Leaning [2002] NIIT 3640_01 25 Sep 2002 NIIT Northern Ireland, Employment [ Bailii ] Â Meridian Health Care v Gabriel [2002] EAT 989_02_2509 25 Sep 2002 EAT Employment [ Bailii ] Â Empire Security Ltd v -V Allen, S Nelson EAT/110/02 25 Sep 2002 EAT His Hon Judge D Serota QC Employment EAT Unfair Dismissal - Other Â Roberts v Skelmersdale College EAT/1094/01; [2002] UKEAT 1094_01_2509 25 Sep 2002 EAT Ms Recorder Slade QC Employment EAT Procedural Issues - Employment Tribunal 1 Cites 1 Citers [ Bailii ] - [ EAT ] Â Mary Jane Dalgety Barn v J M Hodge and Son EATS/0004/02 25 Sep 2002 EAT The Honourable Lord Johnston Employment EAT Procedural Issues - Employment Tribunal Â Kathleen Keiller and 38 others v Lothian, Borders and Angus Co-Operative Society Ltd EAT/199/02 25 Sep 2002 EAT The Honourable Lord Johnston Employment EAT Contract of Employment - Written Particulars Â Kathleen Keiller and 38 others v Lothian, Borders and Angus Co-Operative Society Ltd EAT/199/02 25 Sep 2002 EAT The Honourable Lord Johnston Employment EAT Contract of Employment - Written particulars. [ EATn ] Â Empire Security Ltd v v Allen, S Nelson EAT/110/02 25 Sep 2002 EAT His Hon Judge D Serota Qc Employment EAT Unfair Dismissal - Other [ EATn ] Â Meridian Health Care v Gabriel [2002] UKEAT 989_02_2509 25 Sep 2002 EAT Employment [ Bailii ] Â Barn v Jm Hodge and Son [2002] UKEAT 0004_02_2509 25 Sep 2002 EAT Employment [ Bailii ] Â Mary Jane Dalgety Barn v J M Hodge and Son EATS/0004/02 25 Sep 2002 EAT The Honourable Lord Johnston Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â Ayobioj v London Borough of Camden [2002] EWCA Civ 1454 25 Sep 2002 CA Mummery LJ Employment, Litigation Practice Application for permission to appeal. Appellant not attending. [ Bailii ] Â N'Dow v Homebase Ltd [2002] EWCA Civ 1461 25 Sep 2002 CA Keen LJ Employment Application for leave to appeal. [ Bailii ] Â London Borough of Hillingdon v P Thomas EAT/1317/01 26 Sep 2002 EAT Miss Recorder Slade Qc Employment EAT Unfair Dismissal - Exclusions including worker/jurisdiction. [ EATn ] Â Hillingdon v Thomas [2002] UKEAT 1317_01_2609 26 Sep 2002 EAT Employment [ Bailii ] Â Zanicchi v Post Office [2002] UKEAT 298_01_2609 26 Sep 2002 EAT Employment [ Bailii ] Â Aggregate Industries UK Ltd v Patrick Murphy EAT/283/02 26 Sep 2002 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Procedural fairness/automatically unfair dismissal. [ EATn ] Â Mara v Mullin (Unlawful Deduction From Wages) [2002] NIIT 130 26 Sep 2002 NIIT Northern Ireland, Employment [ Bailii ] Â George v Lambeth [2002] UKEAT 0770_00_2609 26 Sep 2002 EAT Employment [ Bailii ] Â L George v London Borough of Lambeth EAT/0770/00 26 Sep 2002 EAT Mr Recorder Underhill Qc Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â Reid and Taylor Ltd v Robert Hogg EATS/0001/02 26 Sep 2002 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Procedural fairness/automatically unfair dismissal. [ EATn ] Â Thomas v Hillingdon London Borough Council Times, 04 October 2002; EAT/1317/01 26 Sep 2002 EAT Slade QC, Thomson, Wickens Employment The employee had been dismissed for viewing pornography on his office computer. The Employment Tribunal had found him unfairly dismissed being of the opinion that a reduction of 30% in his contribution was sufficient. Held: It was perverse to assert that a finding of gross misconduct was outside the range of reasonable responses of an employer in this situation, so as to allow the employment tribunal to substitute its own opinion. The dismissal was unfair. EAT Unfair Dismissal - Exclusions Â V Zanicchi v The Post Office EAT/298/01 26 Sep 2002 EAT His Hon Judge D Serota QC Employment EAT Procedural Issues - Employment Tribunal The applicant appealed dismissal of his claim on the grounds of it being vexatious. He had failed to comply with directions as to serving of statements, and had failed to serve documents. He had been given a costs warning. The voluminous paper work submitted by the applicant failed to establish what exact allegations were being made. Held: A strike out might be justified in other circumstances even though a fair trial remained possible. Here there might be no deliberate flouting of the court's orders, but the rule existed to protect all the parties. Here the case had become a harassment of the respondent and unmanageable. The tribunal had properly sought to respect the interests of all parties. Appeal dismissed. Employment Tribunals (Constitution and Rules of Procedure) Regulations 1993 13(3) 1 Cites Â Reid and Taylor Ltd v Robert Hogg EATS/0001/02 26 Sep 2002 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Procedural Fairness Â Aggregate Industries UK Ltd v Patrick Murphy EAT/283/02 26 Sep 2002 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Procedural Fairness Â George v London Borough of Lambeth [2002] EAT 0770_00_2609 26 Sep 2002 EAT Employment [ Bailii ] Â Carney v Wood Effects Company Ltd [2002] NIIT 2256_01 26 Sep 2002 NIIT Northern Ireland, Employment [ Bailii ] Â L George v London Borough of Lambeth EAT/0770/00 26 Sep 2002 EAT Mr Recorder Underhill QC Employment EAT Procedural Issues - Employment Tribunal Â v Zanicchi v the Post Office EAT/298/01 26 Sep 2002 EAT His Hon Judge D Serota Qc Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â Mcclay v Simms (T/A Abacus Painting Contractors) [2002] NIIT 2281_01 26 Sep 2002 NIIT Northern Ireland, Employment [ Bailii ] Â Reid and Taylor Ltd v Hogg [2002] UKEAT 0001_02_2609 26 Sep 2002 EAT Employment [ Bailii ] Â Mara v Mullin [2002] NIIT 545_02 26 Sep 2002 NIIT Northern Ireland, Employment [ Bailii ] Â M I Whitely v Marton Electrical Ltd Times, 02 January 2003; EAT/841/01 27 Sep 2002 EAT Mr Recorder Underhill QC Employment The applicant had been employed by the respondent under a modern apprenticeship contract. The employer dismissed him during the term, after a downturn in work. Held: Though the contract was subject to the employer's standard terms, it remained the fact that he was not an employee, and could not be dismissed. The employer claimed that a contract requiring him to employ somebody for five years was a commercial nonsense. Following Wallace, a contract of apprenticeship was determinable only on completion of the training. EAT Unlawful Deduction from Wages - 1 Cites Â Robinson v Finlay Communications Ltd [2002] NIIT 132 27 Sep 2002 NIIT Employment (Unfair Dismissal) [ Bailii ] Â Nwt Freight Forwarding Ltd v Owen [2002] EWCA Civ 1466 27 Sep 2002 CA Employment 1 Cites [ Bailii ] Â M I Whitely v Marton Electrical Ltd EAT/841/01 27 Sep 2002 EAT Mr Recorder Underhill Qc Employment EAT Unlawful Deduction from Wages - (no sub-topic). [ EATn ] Â D Jones v Kent County Council EAT/1051/01 27 Sep 2002 EAT His Hon Judge Clark Employment EAT Jurisdiction - (no sub-topic) . [ EATn ] Â D Jones v Kent County Council EAT/1051/01; [2002] UKEAT 1051_01_2709 27 Sep 2002 EAT His Hon Judge Clark Employment EAT Jurisdiction - 1 Cites 1 Citers [ Bailii ] Â Singh v University Hospital NHS Trust [2002] UKEAT 1409_01_2709 27 Sep 2002 EAT Employment [ Bailii ] Â OwusuAnsah v Woolworths Plc Eastern [2002] EWCA Civ 1537 27 Sep 2002 CA Employment 1 Cites 1 Citers [ Bailii ] Â Mccauley and others v Q-Media Online Ltd [2002] NIIT 133 30 Sep 2002 NIIT Employment Unlawful Deduction From Wages [ Bailii ] Â Mccauley and others v Q-Media Online Ltd [2002] NIIT 805_02 30 Sep 2002 NIIT Northern Ireland, Employment [ Bailii ] Â S Croft v Consignia Plc [2002] UKEAT 1160_00_3009 30 Sep 2002 EAT Employment 1 Cites [ Bailii ] Â John Mcmillan v Freight Co Business Travel Ltd EAT/1264/02 1 Oct 2002 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Compensation. [ EATn ] Â Direct Care Services (A Firm) v G Jakob EAT/6/03 1 Oct 2002 EAT His Hon Judge Clark Employment EAT Jurisdiction Â Russell v Newcel Paper Converters Ltd [2002] NIIT 967_02 1 Oct 2002 NIIT Northern Ireland, Employment [ Bailii ] Â John Mcmillan v Freight Co Business Travel Ltd EAT/1264/02 1 Oct 2002 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Compensation Â Stephen Fidler and Co v Kapadia [2002] UKEAT 765_01_0210; EAT/765/01 2 Oct 2002 EAT The Honourable Mr Justice Wall Employment EAT Unfair Dismissal - Contributory fault. 1 Cites [ Bailii ] - [ EAT ] Â R Wedgewood v Hortimax Ltd (Formerly ) Van Vliet Automation Ltd EAT/997/01 2 Oct 2002 EAT His Hon Judge J Burke QC Employment EAT Unfair Dismissal - Constructive dismissal Â Sheils v Mckenna [2002] NIIT 2159_01 2 Oct 2002 NIIT Northern Ireland, Employment [ Bailii ] Â R Wedgewood v Hortimax Ltd (Formerly ) Van Vliet Automation Ltd EAT/997/01 2 Oct 2002 EAT His Hon Judge J Burke Qc Employment EAT Unfair Dismissal - Constructive dismissal. [ EATn ] Â Brown v Firth Rixson Special Steel Ltd [2002] UKEAT 1107_01_0310 3 Oct 2002 EAT Employment [ Bailii ] Â Department for Environment Food and Rural Affairs v Swaine [2002] UKEAT 0789_01_0310 3 Oct 2002 EAT Employment [ Bailii ] Â Lynch v Andrew Miller and Company Ltd (T/A Spar Supermarket) and Another [2002] NIIT 544_01 3 Oct 2002 NIIT Northern Ireland, Employment [ Bailii ] Â N Lee v Bristol City Council EAT/536/01 3 Oct 2002 EAT His Hon Judge Clark Employment EAT Unfair Dismissal - Other Â Ultraframe UK Limited v Clayton, Fielding and Others [2003] RPC 435 3 Oct 2002 ChD The Honourable Mr Justice Laddie Intellectual Property, Employment The claimants asserted infringement of their registered design rights in parts used in their double glazing and conservatory units. "Therefore it is possible for design right to subsist in the design of the part of the article which is not excluded under the must match provisions." Copyright Designs and Patents Act 1988 213(6) 215 1 Cites 1 Citers Â Cowgill v Lowestoft College [2002] EWCA Civ 1486 4 Oct 2002 CA Employment, Personal Injury [ Bailii ] Â Austin Roberts Ltd v Knaggs [2002] UKEAT 1197_00_0410 4 Oct 2002 EAT Employment [ Bailii ] Â Austin Roberts Ltd v Knaggs [2002] EAT 1197_00_0410 4 Oct 2002 EAT Employment [ Bailii ] Â Dr P A Harlow v General Healthcare Group Ltd EAT/436/01 4 Oct 2002 EAT His Hon Judge Clark Employment EAT Unfair Dismissal - Constructive Dismissal Â Coxon v Rank Xerox Ltd Times, 13 December 2002; Gazette, 23 January 2003; EAT/1116/ 4 Oct 2002 EAT Wall J, Hougham, Clancy Discrimination, Employment EAT Sex Discrimination - Direct The applicant appealed a finding that she had been fairly dismissed from her employment for gross misconduct. Held: There was a clear distinction between a finding of a breach of trust by an employee and a finding that the relationship of trust and confidence between employer and employee had broken down at the sole fault of the employee. The standard of evidence required to establish the former were higher. Here gross misconduct had not been shown, but the finding that the relationship of trust and confidence had broken down because of the applicant's behaviour could, itself, justify the finding that the dismissal was fair. 1 Cites Â Harlow v General Healthcare Group Ltd [2002] UKEAT 0436_01_0410 4 Oct 2002 EAT Employment [ Bailii ] Â Ms J S Coxon v Rank Zerox UK Ltd EAT/1116/99 4 Oct 2002 EAT The Honourable Mr Justice Wall Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â Dr P A Harlow v General Healthcare Group Ltd EAT/436/01 4 Oct 2002 EAT His Hon Judge Clark Employment EAT Unfair Dismissal - Constructive dismissal. [ EATn ] Â Hellen v Asda Stores Ltd [2002] EWCA Civ 1475 4 Oct 2002 CA Hale LJ Employment Application for permission to appeal. [ Bailii ] Â Sivanandan v London Borough of Enfield and others [2002] EWCA Civ 1443 7 Oct 2002 CA Employment 1 Cites 1 Citers [ Bailii ] Â Fox v Betesh Fox and Co Solicitors (A Firm) [2002] UKEAT 0363_01_0710; EAT/363/01 7 Oct 2002 EAT His Hon Judge Clark Employment EAT Unfair Dismissal [ Bailii ] - [ EAT ] Â Bradford Hospitals NHS Trust v Al-Shabib [2002] UKEAT 709_01_0710 7 Oct 2002 EAT Employment [ Bailii ] Â Keery v Police Authority for Northern Ireland [2002] NIIT 453_97 8 Oct 2002 NIIT Discrimination, Employment Religious/Political Discrimination [ Bailii ] Â Bewry v Cumbria County Council [2002] EWCA Civ 1574 8 Oct 2002 CA Buxton, Keene LJJ Employment Renewed application for leave to appeal against decisions rejecting the claimants claims for unfair dismissal. Held: Leave was refused. 1 Cites [ Bailii ] Â CPL Distribution Ltd v Todd [2002] EWCA Civ 1481; [2003] IRLR 28 8 Oct 2002 CA Pill, Waller, Dyson LJJ Employment [ Bailii ] Â Derry v BHC Aerovox Ltd EAT/558/01; [2002] UKEAT 0558_01_0810 8 Oct 2002 EAT His Hon Judge Clark Employment EAT Unfair Dismissal - Procedural fairness/automatically unfair dismissal. [ Bailii ] - [ EAT ] Â Larmour v Moore [2002] NIIT 3702_99 8 Oct 2002 NIIT Employment [ Bailii ] Â Farrell v Driver and Vehicle Testing Agency [2002] NIIT 349_98 8 Oct 2002 NIIT Employment [ Bailii ] Â Donnelan and others v Britton Taco Ltd [2002] EAT 1058_00_1012; EAT/1058/00 8 Oct 2002 EAT The Honourable Mr Justice Wall Employment EAT Transfer of Undertakings - Dismissal EAT Transfer of Undertakings - Dismissal. 1 Cites 1 Citers [ Bailii ] - [ EATn ] - [ EAT ] Â Commissioner of Police of the Metropolis v R Ranjan EAT/310/02 9 Oct 2002 EAT The Honourable Mr Justice Burton (P) Employment EAT Procedural Issues - Employment Tribunal Â F T Edmondson v B M Healthcare Nigel Harris EAT/654/01 9 Oct 2002 EAT The Honourable Mr Justice Wall Employment EAT Procedural Issues - Employment Tribunal Â Commissioner of Police of the Metropolis v R Ranjan EAT/310/02 9 Oct 2002 EAT The Honourable Mr Justice Burton (P) Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â F T Edmondson v B M Healthcare, Nigel Harris EAT/654/01 9 Oct 2002 EAT The Honourable Mr Justice Wall Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â Landon v Lill [2002] UKEAT 1486_00_0910 9 Oct 2002 EAT Employment [ Bailii ] Â Povey v Dorset County Council [2002] UKEAT 209_01_1010 10 Oct 2002 EAT Employment 1 Cites [ Bailii ] Â Alstom Traction Ltd v Birkenhead and others [2002] UKEAT 1131_00_1010 10 Oct 2002 EAT Employment 1 Cites [ Bailii ] Â Catton v Shribman and Another [2002] UKEAT 111_01_1010 10 Oct 2002 EAT Employment [ Bailii ] Â Acm Bearing Ltd v A Noble EAT/602/01 14 Oct 2002 EAT His Hon Judge Clark Employment EAT Unfair Dismissal - Breach of Contract Â Frisbee v Campbell [2002] EWCA Civ 1374; [2003] ICR 141 14 Oct 2002 CA Lord Justice Keene, Lord Justice Chadwick, Lord Phillips MR Media, Employment, Intellectual Property, Human Rights The claimant sought an account against her former employee for the disclosures made by her of their activities. The respondent had signed a confidentiality agreement. The respondent counterclaimed for assault. She now appealed from dismissal of her appeal against the summary judgment entered against her, arguing that the judge was wrong to dismiss her case as unarguable, since the contract was repudiated by the claimant's own violent and other misconduct. The claimant argued that a confidentiality clause within an employment context survived any repudiation, and no public policy applied to justify the disclosure. Held: Whilst the defendant might not expect to succeed, it could not be said that her case was unarguable and the case was not appropriate for summary judgement. The existence of the Press Code engaged the defendants rights of free expression. Those rights were not absolute, and were to be seen with a balance including also the claimant's privacy rights. Whilst the defendant was not to be encouraged to persist, the case was not so unarguable as to be properly dismissed in a summary procedure: "We consider that it is arguable that a duty of confidentiality that has been expressly assumed under contract carries more weight, when balanced against the right of freedom of expression, that a duty of confidence than is not buttressed by express agreement" 1 Cites 1 Citers [ Bailii ] Â Mayne v G and P Site Maintenance Services Ltd [2002] UKEAT 1442_01_1410 14 Oct 2002 EAT McMullen QC HHJ Employment [ Bailii ] Â W A Mayne v G and P Site Maintenance Services Ltd EAT/1442/01 14 Oct 2002 EAT His Hon Judge Mcmullen QC Employment EAT National Minimum Wage - Â Acm Bearings Ltd v Noble [2002] UKEAT 0602_01_1410 14 Oct 2002 EAT Employment [ Bailii ] Â W A Mayne v G and P Site Maintenance Services Ltd EAT/1442/01 14 Oct 2002 EAT His Hon Judge Mcmullen Qc Employment EAT National Minimum Wage - (no sub-topic). [ EATn ] Â Acm Bearing Ltd v A Noble EAT/602/01 14 Oct 2002 EAT His Hon Judge Clark Employment EAT Unfair Dismissal - Breach of Contract. [ EATn ] Â Boyle v Eurostar (UK) Ltd and Another [2002] UKEAT 1487_01_1410 14 Oct 2002 EAT Peter Clark J Employment The Applicant complained to the Employment Tribunal of unfair constructive dismissal, unlawful racial discrimination against the Respondents, Eurostar (UK) Ltd and Mrs Sully, and breach of contract, the first and last complaints being against her former employer Eurostar only. The claimant now appealed against rejection of her complaints and associated costs order. [ Bailii ] Â Y Hossack v Kettering Borough Council EAT/1113/01 14 Oct 2002 EAT The Honourable Mr Justice Wall Employment EAT Unfair Dismissal - Other [ EAT ] Â Hussain v Hm Prison Service [2002] UKEAT 690_01_1510 15 Oct 2002 EAT Employment [ Bailii ] Â Â Fyffes Group Ltd v Bazley; EAT 15-Oct-2002 - EAT/1043/01; [2002] UKEAT 1043_01_1510 Â Nelson v Carillion Services Ltd [2002] EWCA Civ 1505 15 Oct 2002 CA Employment Application for permission to appeal. [ Bailii ] Â Shittu v Manchester City Council [2002] EWCA Civ 1646 15 Oct 2002 CA Employment [ Bailii ] Â Moffett v Drd (Roads Service) [2002] NIIT 3851_01 15 Oct 2002 NIIT Northern Ireland, Employment [ Bailii ] Â Â Bartsch and others v St Helens and Knowsley Hospital NHS Trust; EAT 16-Oct-2002 - EAT/1101/01; [2002] UKEAT 1101_01_1610 Â Wheatley v Royal British Legion [2002] UKEAT 1337_01_1610 16 Oct 2002 EAT Employment 1 Cites [ Bailii ] Â Perfect Glazing Ltd v Bussanius EAT/1282/01 16 Oct 2002 EAT His Hon Judge Mcmullen QC Employment EAT Unfair Dismissal - Procedural fairness/automatically unfair dismissal. 1 Cites [ EATn ] Â Cummins v the Queen's University of Belfast and Another [2002] NIIT 4517_99 16 Oct 2002 NIIT Northern Ireland, Employment [ Bailii ] Â Flatley v Society of Motor Manufacturers and Traders Ltd [2002] UKEAT 919_01_1610 16 Oct 2002 EAT Employment [ Bailii ] Â O Donovan v Centrepoint Soho EAT/1172/01 17 Oct 2002 EAT His Hon Judge Mcmullen QC Employment EAT Redundancy - Other Â Bowley Data Systems v Gill [2002] UKEAT 0889_02_1710 17 Oct 2002 EAT Employment 1 Citers [ Bailii ] Â Donovan v Centrepoint Soho [2002] UKEAT 1172_01_1710 17 Oct 2002 EAT Employment [ Bailii ] Â Bell v Heatons Ltd and Another [2002] NIIT 3688_01 17 Oct 2002 NIIT Northern Ireland, Employment [ Bailii ] Â Ms O Donovan v Centrepoint Soho EAT/1172/01 17 Oct 2002 EAT His Hon Judge Mcmullen Qc Employment EAT Redundancy - Other - [ EATn ] Â S Deaman v City University EAT/1065/02 18 Oct 2002 EAT His Hon Judge Mcmullen QC Employment EAT Unfair Dismissal - Other Â Haralambous v Ancaster Toys Ltd [2002] EWCA Civ 1648 18 Oct 2002 CA Employment Application for permission to appeal. [ Bailii ] Â R F Cox v Excalibur Boat International Ltd EAT/955/01 18 Oct 2002 EAT The Honourable Mr Justice Wall Employment EAT Unfair Dismissal - Other Â Cox v Excalibur Boats International Ltd [2002] UKEAT 955_01_1810 18 Oct 2002 EAT Employment [ Bailii ] Â Corcoran v Ingram [2002] UKEAT 840_02_1810 18 Oct 2002 EAT Employment 1 Cites 1 Citers [ Bailii ] Â S Deaman v City University EAT/1065/02 18 Oct 2002 EAT His Hon Judge Mcmullen Qc Employment EAT Unfair Dismissal - Other [ EATn ] Â Â J Sainsbury Ltd v Hitt; Orse Sainsburys Supermarkets Limited v Hitt; CA 18-Oct-2002 - Times, 14 November 2002; [2002] EWCA Civ 1588; [2003] ICR 111; [2002] Emp LR 1273; [2003] IRLR 23 Â Cox v Excalibur Boat International Ltd EAT/955/01 18 Oct 2002 EAT The Honourable Mr Justice Wall Employment EAT Unfair Dismissal - Other [ EAT ] Â Hendry v Christopher Grange Centre for the Adult Blind [2002] UKEAT 851_02_1810 18 Oct 2002 EAT Employment [ Bailii ] Â Clennel v City of Sunderland College [2002] UKEAT 852_02_1810 18 Oct 2002 EAT Employment [ Bailii ] Â Edwards v Marconi Corporation Plc [2002] UKEAT 398_02_1810 18 Oct 2002 EAT Employment [ Bailii ] Â Catherall v Michelin Tyre Plc [2002] UKEAT 915_01_2110; EAT/915/01; [2003] IRLR 61 21 Oct 2002 EAT Nelson J Employment EAT Disability Discrimination - Disability. Disability Discrimination Act 1995 4 1 Cites 1 Citers [ Bailii ] - [ EAT ] Â Marlowe Child and Family Services Ltd v Mcintosh [2002] UKEAT 466_01_2110 21 Oct 2002 EAT Employment 1 Cites [ Bailii ] Â Myra H Nixon v Grampian University Hospital NHS Trust EAT/291/02 21 Oct 2002 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Procedural fairness/automatically unfair dismissal. [ EATn ] Â P Odunlami v Arcade Car Parks EAT/1423/01 21 Oct 2002 EAT The Honourable Mr Justice Wall Employment EAT Jurisdiction - (no sub-topic). [ EATn ] Â Ali v Office for National Statistics [2002] UKEAT 672_01_2110 21 Oct 2002 EAT Employment, Discrimination 1 Citers [ Bailii ] Â Thomas and Another v Robinson [2002] UKEAT 737_01_2110 21 Oct 2002 EAT Employment [ Bailii ] Â Myra H Nixon v Grampian University Hospital NHS Trust EAT/291/02 21 Oct 2002 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Procedural Fairness Â Â Kyte v Fire Brigades Union; EAT 21-Oct-2002 - [2002] UKEAT 291_01_2110 Â Odunlami v Arcade Car Parks [2002] UKEAT 1423_01_2110 21 Oct 2002 EAT Employment [ Bailii ] Â A H Zargaran v Zargaran London EAT/1062/01 22 Oct 2002 EAT The Honourable Mr Justice Burton (P) Employment EAT Jurisdiction - (no sub-topic). [ EATn ] Â R S Gaught v S Fraser EAT/674/01 22 Oct 2002 EAT His Hon Judge Mcmullen Qc Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â Gaught v Fraser [2002] UKEAT 674_01_2210 22 Oct 2002 EAT Employment [ Bailii ] Â Dinardo Partnership v Bingham [2002] UKEAT 0006_02_2210 22 Oct 2002 EAT Employment [ Bailii ] Â A H Zargaran v Zargaran London EAT/1062/01 22 Oct 2002 EAT The Honourable Mr Justice Burton (P) Employment EAT Jurisdiction - Â Zargaran v Zargaran London [2002] UKEAT 1062_01_2210 22 Oct 2002 EAT Employment [ Bailii ] Â Maynard v Malton Bacon Factory [2002] UKEAT 0433_01_2210 22 Oct 2002 EAT Employment [ Bailii ] Â Wolsey v Social Security Agency [2002] NIIT 2807_01 22 Oct 2002 NIIT Northern Ireland, Employment [ Bailii ] Â North Staffordshire Combined Healthcare NHS Trust v Ayes [2002] UKEAT 850_01_2210 22 Oct 2002 EAT Employment [ Bailii ] Â Sandwell Metropolitan Borough Council and Another v Swanson [2002] UKEAT 0791_01_2210 22 Oct 2002 EAT Employment [ Bailii ] Â International Packaging Corporation (UK) Ltd v Balfour and 57 Others [2002] UKEAT 31_02_2310 23 Oct 2002 EAT Employment [ Bailii ] Â International Packaging Corporation (UK) Ltd v Joseph Balfour and 57 others EAT/31/02 23 Oct 2002 EAT The Honourable Lord Johnston Employment EAT Contract of Employment - Written Particulars. The employer appealed against a finding of unlawful deduction of wages. The company, in fanancial difficulties had introduced short time working, and argued that the company had in fact paid for the hours worked. Held: The Tribunal's reasoning was contradictory in that it rejected the idea that there was an express term in the contract allowing the employer to vary the hours of work and pay accordingly, but imposed an implied term by reference to custom and practice without reference however to the history revealing the existence of agreement in the past. The EAT could not see how there could be an implied term which ruled in the absence of an express term. However on the Tribunal’s own findings, there was a term of the contract authorising deductions without agreement. There was nothing to suggest that the employees had agreed to such a term. Employment Rights Act 1996 13 [ EATn ] Â Marlene J Mitchell and 2 others v Stolt Seafarm Ltd EAT/299/02 23 Oct 2002 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Procedural Fairness Â Marlene J Mitchell and 2 others v Stolt Seafarm Ltd EAT/299/02 23 Oct 2002 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Procedural fairness/automatically unfair dismissal. [ EATn ] Â Paul Smith v Mice Technical Graphics Ltd EAT/117/00 23 Oct 2002 EAT The Honourable Mr Justice Wall Employment EAT National Minimum Wage - (no sub-topic). [ EATn ] Â Polestar Watford Ltd v Simmonds [2002] UKEAT 0513_02_2310 23 Oct 2002 EAT Employment [ Bailii ] Â Smith v Mice Technical Graphics Ltd [2002] UKEAT 1172_00_2310 23 Oct 2002 EAT Employment [ Bailii ] Â Starritt v Mazda Motors UK Ltd [2002] UKEAT 670_02_2310 23 Oct 2002 EAT Employment [ Bailii ] Â London Borough of Brent v Howe [2002] UKEAT 908_02_2310 23 Oct 2002 EAT Employment [ Bailii ] Â Smith v Mice Technical Graphics Ltd [2002] EAT 1172_00_2310 23 Oct 2002 EAT Employment [ Bailii ] Â HM Customs and Excise v Jayawardane EAT/1092/01 24 Oct 2002 EAT The Honourable Mr Justice Wall Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â John Dillon v Everest Ltd EATS/0008/02 24 Oct 2002 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Other [ EATn ] Â Hm Customs and Excise v D N Jayawardane EAT/1092/01 24 Oct 2002 EAT The Honourable Mr Justice Wall Employment EAT Unfair Dismissal - Reason for Dismissal Â Dillon v Everest Ltd EATS/0008/02; [2002] UKEAT 0008_02_2410 24 Oct 2002 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Other 1 Cites 1 Citers [ Bailii ] Â Â Gee v Shell UK Ltd; CA 24-Oct-2002 - Times, 04 November 2002; Gazette, 19 December 2002; [2002] EWCA Civ 1479; [2003] IRLR 82 Â Wigglesworth v Deputy Chief Fire Officer [2002] UKEAT 831_02_2410 24 Oct 2002 EAT Employment [ Bailii ] Â Jones v Reith Lambert Facilities Management Ltd EATS/0009/02; [2002] UKEAT 0009_02_2410 24 Oct 2002 EAT The Honourable Lord Johnston Employment, Scotland EAT Procedural Issues - Employment Tribunal [ Bailii ] - [ EAT ] Â Allen and others v Dresdner Kleinwort Benson and Another [2002] UKEAT 1221_01_2410 24 Oct 2002 EAT Employment [ Bailii ] Â Sood and others v Immigration Advisory Service [2002] UKEAT 0153_01_2510 25 Oct 2002 EAT Employment [ Bailii ] Â Soteriou v Ultrachem Ltd and others [2002] EWCA Civ 1597 25 Oct 2002 CA Employment Employment contract tainted with illegality. [ Bailii ] Â Apelogun-Gabriels v London Borough of Lambeth and Another [2002] EWCA Civ 1619 25 Oct 2002 CA Employment 1 Cites [ Bailii ] Â M Sood and others v Immigration Advisory Service EAT/153/01 25 Oct 2002 EAT His Hon Judge Pugsley Employment EAT Procedural Issues - Employment Tribunal Â Hashimoto Ltd v Mcintosh [2002] UKEAT 1151_01_2510 25 Oct 2002 EAT Employment [ Bailii ] Â Scottbridge Construction Ltd v James Wright [2002] ScotCS 285; [2003] IRLR 21 25 Oct 2002 OHCS Lord President Scotland, Employment The claimant worked as a night watchman, on 7 nights a week between 5pm and 7am. His principal purpose was to be available there to respond if an alarm was set off by an intruder. When not performing a specific task, he could do whatever he wanted. Held: The had little to do during certain hours when he was permitted to sleep did not mean that he was throughout in attendance as a night watchman and was required at any time to answer the telephone or to deal with alarms. The Tribunal had confused their estimate of the hours during which the respondent was generally active with an overall consideration of what was required of him as a night watchman. The whole period was time work for the purposes of the regulation. National Minimum Wage Regulations 1999 15 1 Cites 1 Citers [ ScotC ] - [ Bailii ] Â Gallant v Church of Scotland Board of Social Responsibility EATS/0005/02; [2002] UKEAT 0005_02_2510 25 Oct 2002 EAT The Honourable Lord Johnston Discrimination, Employment EAT Race Discrimination - Direct [ Bailii ] - [ EAT ] Â M Sood and others v Immigration Advisory Service EAT/153/01 25 Oct 2002 EAT His Hon Judge Pugsley Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â Mcwilliams v Regard Partnership [2002] UKEAT 1305_01_2810 28 Oct 2002 EAT Employment [ Bailii ] Â Knotts v United Friendly Insurance Plc [2002] UKEAT 702_02_2810 28 Oct 2002 EAT Employment 1 Cites 1 Citers [ Bailii ] Â Jenkins v Torside Ltd and others [2002] UKEAT 1032_01_2810 28 Oct 2002 EAT Employment [ Bailii ] Â L H Steele v Boston Brough Council [2002] UKEAT 1083_01_2810; EAT/1083/01 28 Oct 2002 EAT His Hon Judge McMullen Qc Employment EAT Unfair Dismissal - Other 1 Cites [ Bailii ] - [ EATn ] Â John v College of North East London [2002] UKEAT 0693_02_2810 28 Oct 2002 EAT Employment [ Bailii ] Â Rajamani v General Medical Council [2002] UKEAT 654_02_2810 28 Oct 2002 EAT Employment [ Bailii ] Â Graves-Brown v Glamorgan Gwent Archaeological Trust Ltd [2002] UKEAT 899_02_2810 28 Oct 2002 EAT Employment [ Bailii ] Â John Paul Jenkins v Torside Ltd and others EAT/1032/01 & EAT/1033/01 28 Oct 2002 EAT The Honourable Mr Justice Wall Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â Boomer v Robert J Hall Ltd and others [2002] NIIT 3744_01 29 Oct 2002 NIIT Northern Ireland, Employment [ Bailii ] Â Beresford Swift Communications Ltd v C Ecole EAT/252/02 29 Oct 2002 EAT The Honourable Mr Lord Johnston Employment EAT Unlawful Deduction from Wages - Â Beresford Swift Communications Ltd v Ecole EAT/252/02 29 Oct 2002 EAT The Honourable Lord Johnston Employment EAT Unlawful Deduction from Wages - (no sub-topic). [ EATn ] Â London Underground Limited, Mark Anderw Harding v London Underground, Ms D Ference-Batchelor UKEAT/1039/01 & UKEAT/45/02 29 Oct 2002 EAT His Hon Judge J Altman Employment EAT Practice and Procedure - Bias, misconduct and procedural irregularity. [ EATn ] Â Warren v S and N Pubs and Restaurants Ltd [2002] UKEAT 1376_01_2910 29 Oct 2002 EAT Employment [ Bailii ] Â Old Leake Primary and Nursery School v Kirk [2002] UKEAT 0764_01_2910 29 Oct 2002 EAT Employment [ Bailii ] Â London Underground Ltd v Ferenc-Batchelor [2002] UKEAT 1039_01_2910 29 Oct 2002 EAT Employment [ Bailii ] Â HSBC Bank Plc v Clarkson [2002] UKEAT 205_01_2910 29 Oct 2002 EAT Employment [ Bailii ] Â Lawal v Northern Spirit Ltd [2002] EWCA Civ 1218; [2003] CP Rep 21; [2003] UKHRR 238; [2002] ICR 1507; [2002] HRLR 46; [2002] IRLR 714 30 Oct 2002 CA Employment 1 Cites 1 Citers [ Bailii ] Â A Millar v West End Community Project Ltd, J Ward, M Clutten EAT/549/01 30 Oct 2002 EAT His Hon Judge Pugsley Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â Thanet District Council v Websper [2002] UKEAT 1090_01_3010 30 Oct 2002 EAT Employment [ Bailii ] Â Thanet District Council v Mark Christopher Websper EAT/1090/1 30 Oct 2002 EAT His Hon Judge Mcmullen Qc Employment EAT Unfair Dismissal - Exclusions including worker/jurisdiction. [ EATn ] Â Thanet District Council v Mark Christopher Websper EAT/1090/01 30 Oct 2002 EAT His Honour Judge J Mcmullen Qc Employment EAT Contract of Employment - Wrongful dismissal. [ EATn ] Â Cumming v Century Newspapers Ltd [2002] NIIT 2933_01 30 Oct 2002 NIIT Northern Ireland, Employment [ Bailii ] Â Nottingham City Council v Redmond [2002] UKEAT 876_01_3010 30 Oct 2002 EAT Employment [ Bailii ] Â A Millar v West End Community Project Ltd and others [2002] UKEAT 549_01_3010 30 Oct 2002 EAT Employment [ Bailii ] Â Harvey v Ulster Weavers Apparel Ltd [2002] NIIT 1073_02 30 Oct 2002 NIIT Northern Ireland, Employment [ Bailii ] Â Manson v Ministry of Defence [2002] UKEAT 0289_02_3010 30 Oct 2002 EAT Employment, Discrimination, European Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000 1 Citers [ Bailii ] Â Lee v Bristol City Council [2002] UKEAT 536_01_3010 30 Oct 2002 EAT Employment [ Bailii ] Â Castleton v Department for Work and Pensions [2002] UKEAT 0715_02_3010 30 Oct 2002 EAT Employment [ Bailii ] Â Cps Group Ltd v Akinfala [2002] UKEAT 0796_02_3010 30 Oct 2002 EAT Employment [ Bailii ] Â Dolby Hotel Liverpool Ltd v K F Farley [2002] UKEAT 1140_01_3010 30 Oct 2002 EAT Employment [ Bailii ] Â Shittu v Manchester City Council and others [2002] UKEAT 1401_01_3010 30 Oct 2002 EAT Employment [ Bailii ] Â A Millar v West End Community Project Ltd J Ward M Clutten EAT/549/01 30 Oct 2002 EAT His Hon Judge Pugsley Employment EAT Procedural Issues - Employment Tribunal Â Home County Property Centres Ltd (T/A Philip Lodges Estate) v Clarke [2002] UKEAT 0527_02_3110 31 Oct 2002 EAT Employment [ Bailii ] Â Tees and Hartlepool Port Authority Ltd v Bosomworth and others [2002] UKEAT 0728_02_3110 31 Oct 2002 EAT Employment [ Bailii ] Â Commissioner of the Police of the Metropolis v Logan EAT/1005/02; [2002] EAT 1005_02_3110; [2002] UKEAT 1005_02_3110 31 Oct 2002 EAT Serota QC J Employment, Costs The applicant police officer sought an order for his costs. The Commissioner objected, saying that since his costs were being met by the Police Federation, he himself had no costs to claim. Held. "I cannot see that this case differs in any way from the ordinary case in which a trade union supports litigation of one of its members, and it is well established in those circumstances that where an Order for costs is made in favour of the member, he is entitled to recover those costs on the basis to which I have referred. I am satisfied, therefore, that, subject to the exercise of my discretion, I can make an Order for costs in favour of Mr Logan." In this case the costs sought arose from a delay after a stay pending the outcome of other proceedings. That stay had been inevitable because of a risk of prejudice to a criminal trial. Even so, the Commissioner had failed to act adequately to anticipate the need for an adjournment, and given his involvement with the proceedings, that failure made a costs award appropriate. That award was limited to those costs which derived from the failings. 1 Cites 1 Citers [ Bailii ] - [ Bailii ] - [ Bailii ] - [ Bailii ] - [ EATn ] Â K Husband v Durham Police Authority EAT/1201/01 31 Oct 2002 EAT The Honourable Mr Justice Wall Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â Campbell v Pink Roccade (Computeraid) Ltd EAT/1241/01 31 Oct 2002 EAT His Honour Judge D Pugsley Employment EAT Practice and Procedure - Chairmans notes of evidence. [ EATn ] Â Campbell v Pink Roccade (Computeraid) Ltd [2002] UKEAT 1241_01_3110 31 Oct 2002 EAT Employment [ Bailii ] Â Edmead v Somerset County Council [2002] UKEAT 0771_02_0111 1 Nov 2002 EAT Employment [ Bailii ] Â South Tyneside Metropolitan Borough Council v P Toulson EAT/1333/01 1 Nov 2002 EAT His Hon Judge J Burke Qc Employment EAT Working Time Regulations - (no sub-topic). [ EATn ] Â Ball v Royal Borough of Kingston Upon Thames [2002] EWCA Civ 1709 1 Nov 2002 CA Employment [ Bailii ] Â Mcconnell v Leicestershire County Council and Another [2002] UKEAT 713_02_0111 1 Nov 2002 EAT Employment [ Bailii ] Â Whitmore v Inland Revenue [2002] UKEAT 0727_02_0111 1 Nov 2002 EAT Employment [ Bailii ] Â Christie v John E Haith Ltd [2002] UKEAT 0793_02_0111 1 Nov 2002 EAT Employment [ Bailii ] Â Patrick v London Borough of Lambeth [2002] EWCA Civ 1721 1 Nov 2002 CA Employment [ Bailii ] Â Boxell v Durham County Council Chief Education Officer [2002] UKEAT 0786_02_0111 1 Nov 2002 EAT Employment [ Bailii ] Â S T Asprilla v C S Group Ltd EAT/1274/01 4 Nov 2002 EAT The Honourable Mr Justice Wall Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â Singh v Department of Health [2002] UKEAT 1261_01_0411 4 Nov 2002 EAT Employment [ Bailii ] Â Midland Mainline v Wade [2002] UKEAT 1382_01_0411 4 Nov 2002 EAT Employment [ Bailii ] Â Odong v Chubb Security Personnel [2002] UKEAT 0819_02_0411 4 Nov 2002 EAT Employment [ Bailii ] Â G R Williams v Lockhart Security Services Ltd EAT/1395/01 4 Nov 2002 EAT His Hon Judge Clark Employment EAT Transfer of Undertakings - Dismissal. [ EATn ] Â Asprilla v C S Group Ltd [2002] UKEAT 1274_01_0411 4 Nov 2002 EAT Employment [ Bailii ] Â S T Asprilla v C S Group Ltd EAT/1274/01 4 Nov 2002 EAT The Honourable Mr Justice Wall Employment EAT Procedural Issues - Employment Tribunal Â Cukic v Vordula Ltd [2002] UKEAT 875_02_0411 4 Nov 2002 EAT Employment [ Bailii ] Â Fairhall v Safeway Stores Plc [2002] UKEAT 0808_02_0411 4 Nov 2002 EAT Employment [ Bailii ] Â Hemstead v Barnet [2002] UKEAT 1180_01_0511 5 Nov 2002 EAT Employment [ Bailii ] Â Sukul-Lennard v Croydon Primary Care Trust [2002] UKEAT 0182_02_0511 5 Nov 2002 EAT Employment 1 Cites 1 Citers [ Bailii ] Â Donlon v City of Wakefield Mdc [2002] UKEAT 1431_01_0511 5 Nov 2002 EAT Employment [ Bailii ] Â Mccready v Bryson House [2002] NIIT 1322_00 5 Nov 2002 NIIT Northern Ireland, Employment [ Bailii ] Â Negatu v Store Security Services [2002] UKEAT 1068_01_0511 5 Nov 2002 EAT Employment [ Bailii ] Â A v Chief Constable of the West Yorkshire Police and Another Times, 14 November 2002; Gazette, 09 January 2003; [2002] EWCA Civ 1584; [2003] ICR 161 5 Nov 2002 CA Kennedy, Buxton, Keene LJJ Discrimination, Police, Employment, European, Human Rights The appellant had undergone a male to female sex change, but was refused employment by the respondent before the Human Rights Act came into effect. Held: Although the Human Rights Act could not apply, the act was in breach of the Equal Treatment Directive and discrimination. The 1999 regulations were incompatible with the provisions of the Directive. The respondent said that it was a requirement of the job that an officer be ready to search a person of the same sex, under the 1984 Act. Following Goodwin, it was no longer permissible to treat the applicant other than as a female. It is now necessary to apply the law as developed by the European convention jurisprudence. It was necessary to decide first what is "the appellant's legal gender". There had been gender reassignment surgery and the Court concluded that the appellant had become female. Equal Treatment Directive (76/207/EEC) (OJ 1976 L39/40) - Sex Discrimination Act 1975 Part II - Sex Discrimination (Gender Re-Assignment) Regulations 1999 (1999 No 1102) - Police and Criminal Evidence Act 1984 54 1 Cites 1 Citers [ Bailii ] Â Scotts Company (Uk) Ltd v Budd [2002] UKEAT 823_01_0511; [2003] IRLR 145 5 Nov 2002 EAT Employment 1 Cites 1 Citers [ Bailii ] Â G Robinson v Highswan Associates T/A the Public Night Club, Simon Raines, Neil Midgley EAT/1020/01 6 Nov 2002 EAT His Hon Judge Mcmullen Qc Employment EAT Jurisdiction - (no sub-topic). [ EATn ] Â Matthews (T/A Anton Motors) v Smith and others [2002] EWCA Civ 1722 6 Nov 2002 CA Employment [ Bailii ] Â Kara v Customs and Excise [2002] UKEAT 0495_01_0611 6 Nov 2002 EAT Employment [ Bailii ] Â K v Cheshire Burgess Chief Constable [2002] EWCA Civ 1711 6 Nov 2002 CA Employment, Media Application of media reporting restrictions to Employment Appeal Tribunal hearing. [ Bailii ] Â Tulett v B and Q Plc [2002] UKEAT 1210_01_0611 6 Nov 2002 EAT Employment [ Bailii ] Â Livingston v Police Service of Northern Ireland and others (Preliminary Hearing- Time Limit) [2002] NIIT 150 6 Nov 2002 NIIT Northern Ireland, Employment [ Bailii ] Â Wilde v Pure Fishing (Uk) Ltd [2002] UKEAT 1147_01_0611 6 Nov 2002 EAT Employment [ Bailii ] Â Dime v Brent, Kensington, Chelsea and Westminster Mental Health NHS Trust [2002] UKEAT 0806_02_0611 6 Nov 2002 EAT Employment, Discrimination 1 Cites [ Bailii ] Â Henvey v Breen and others [2002] NIIT 1787_01 6 Nov 2002 NIIT Northern Ireland, Employment [ Bailii ] Â Tulett v B and Q Plc EAT/1210/01 6 Nov 2002 EAT His Hon Judge Clark Employment EAT Procedural Issues - Employment Appeal Tribunal. [ EATn ] Â Britton v River Island Clothing Company Ltd [2002] UKEAT 891_02_0611 6 Nov 2002 EAT Employment [ Bailii ] Â Robinson v Highswan Associates (T/A the Republic Night-Club) and others [2002] UKEAT 1020_01_0611 6 Nov 2002 EAT Employment [ Bailii ] Â Livingston v Police Service of Northern Ireland and others [2002] NIIT 560_02 6 Nov 2002 NIIT Northern Ireland, Employment [ Bailii ] Â Hindhead Royal British Legion Club Ltd v Hinton [2002] UKEAT 0664_01_0711 7 Nov 2002 EAT Employment [ Bailii ] Â Vyas v Camden [2002] UKEAT 1153_01_0711 7 Nov 2002 EAT Employment [ Bailii ] Â Colen and others v Cebrian (Uk) Ltd [2002] UKEAT 1026_01_0711 7 Nov 2002 EAT Employment [ Bailii ] Â A v R [2002] UKEAT 898_02_0711 7 Nov 2002 EAT Employment [ Bailii ] Â Strategic Rail Authority v I Bhadresa EAT/861/02 7 Nov 2002 EAT His Hon Judge Pugsley Employment EAT Procedural Issues - Employment Tribunal Â O'Neill v Mcgrath [2002] NIIT 778_02 7 Nov 2002 NIIT Northern Ireland, Employment [ Bailii ] Â Clough v Halifax Financial Services [2002] UKEAT 1252_01_0711 7 Nov 2002 EAT Employment [ Bailii ] Â Blackburn With Darwen Borough Council v Docherty [2002] UKEAT 377_02_0811 8 Nov 2002 EAT Employment [ Bailii ] Â Bowie v Transport and General Workers Union [2002] UKEAT 0895_02_0811 8 Nov 2002 EAT Employment [ Bailii ] Â Miller v Sutcliffe and Another (T/A Easy Weigh) [2002] UKEAT 756_02_0811 8 Nov 2002 EAT Employment [ Bailii ] Â Ganase v Kent Community Housing Trust [2002] UKEAT 0814_02_0811 8 Nov 2002 EAT Employment [ Bailii ] Â P and O Trans European Ltd v Initial Transport Services Ltd and others [2002] UKEAT 0415_01_0811 8 Nov 2002 EAT Employment [ Bailii ] Â Sahota v Wolverhampton City Council [2002] UKEAT 0762_02_0811 8 Nov 2002 EAT Employment [ Bailii ] Â Gibson v Dairy Crest Plc (County Dairies) [2002] UKEAT 659_02_0811 8 Nov 2002 EAT Employment [ Bailii ] Â Loftus v Lunn [2002] UKEAT 781_02_0811 8 Nov 2002 EAT Employment [ Bailii ] Â Secretary of State for Trade and Industry v Campbell [2002] UKEAT 1480_01_0811 8 Nov 2002 EAT Employment [ Bailii ] Â Lansing Linde Servernside Ltd v R J Spiers EAT/1490/01; [2002] UKEAT 1490_01_2012 8 Nov 2002 EAT His Hon Judge Mcmullen QC Employment EAT Transfer of Undertakings - Dismissal 1 Cites [ Bailii ] Â Lansing Linde Servernside Ltd v R J Spiers EAT/1490/01 8 Nov 2002 EAT His Hon Judge Mcmullen Qc Employment EAT Transfer of Undertakings - Dismissal. [ EATn ] Â A W Stephenson v Dalphi Disel Systems Ltd EAT/1314/01 11 Nov 2002 EAT The Honourable Mr Justice Elias Employment EAT Unfair Dismissal - Other [ EATn ] Â Ken Read and Son Ltd v C Dawson, N Ette EAT/287/02 11 Nov 2002 EAT The Honourable Mr Justice Burton (P) Employment EAT Procedural Issues - Employment Appeal Tribunal. [ EATn ] Â A W Stephenson v Dalphi Disel Systems Ltd EAT/1314/01 11 Nov 2002 EAT The Honourable Mr Justice Elias Employment EAT Unfair Dismissal - Other Â Cloete v Road Sea Express Ltd [2002] NIIT 2642_01 11 Nov 2002 NIIT Northern Ireland, Employment [ Bailii ] Â Ken Read and Son Ltd v C Dawson N Ette EAT/287/02 11 Nov 2002 EAT The Honourable Mr Justice Burton (P) Employment EAT Procedural Issues - Employment Appeal Tribunal Â Stephenson v Delphi Diesel Systems Ltd [2002] UKEAT 1314_01_1111; [2003] ICR 471 11 Nov 2002 EAT Elias J Employment The applicant was an agency worker with an employment agency. Held: The end-user was under no legal obligation to pay the applicant and the applicant was under no legal obligation to work for the end-user. Control over the applicant by the end-user was explicable by virtue of the contract between the applicant and the agency, which made it unnecessary to imply a contract between the applicant and the end-user. Elias J said: "The significance of mutuality is that it determines whether there is a contract in existence at all. The significance of control is that it determines whether, if there is a contract in place, it can properly be classified as a contract of service, rather than some other kind of contract." 1 Citers [ Bailii ] Â Flatman v London Borough of Southwark [2002] UKEAT 0886_02_1111 11 Nov 2002 EAT Employment [ Bailii ] Â Leslie and others v Ady Enterprises Ltd and Another [2002] NIIT 219_02 12 Nov 2002 NIIT Northern Ireland, Employment [ Bailii ] Â A Armstrong, J Armstrong v the Honourable Company of Master Mariners EAT/700/01 12 Nov 2002 EAT His Hon Judge J Burke Qc Employment EAT Unfair Dismissal - Other [ EATn ] Â Sen v British Council [2002] UKEAT 1456_01_1211 12 Nov 2002 EAT Employment [ Bailii ] Â P Whitmore, S Whitmore v The Prison Service EAT/1185/01 12 Nov 2002 EAT His Hon Judge J Altman Employment EAT Contract of Employment - Breach of Contract. 1 Cites [ EATn ] - [ Bailii ] Â Arimoro v Iss London Ltd and Another [2002] UKEAT 0452_01_1211 12 Nov 2002 EAT Employment [ Bailii ] Â Ellis v Currencies Direct Ltd [2002] UKEAT 0223_02_1211; EAT/223/02 12 Nov 2002 EAT His Hon Judge J Burke QC Employment EAT Unfair Dismissal - Jurisdiction. 1 Cites [ Bailii ] - [ EAT ] Â P Dacas v Brook Street Bureau (UK) Ltd Wandsworth London Borough Council EAT/492/02; [2002] UKEAT 492_02_1112 12 Nov 2002 EAT The Honourable Mr Justice Burton (P) Employment EAT Contract of Employment - Definition of Employee Employment Rights Act 1996 1 Cites 1 Citers [ Bailii ] - [ EATn ] Â Ayobiojo v Nalgo Unison-Lambeth [2002] UKEAT 696_01_1311 13 Nov 2002 EAT Employment, Discrimination Appeal against strike oout of claim as vexatious or frivolous. 1 Cites 1 Citers [ Bailii ] Â Onukegbe v Reliance Security Ltd [2002] UKEAT 864_02_1311 13 Nov 2002 EAT Employment [ Bailii ] Â Marks v Boustead International Heaters Ltd [2002] UKEAT 0415_02_1311 13 Nov 2002 EAT Employment [ Bailii ] Â Ghosh v Tower Hamlets and others [2002] UKEAT 1027_01_1311 13 Nov 2002 EAT Altman J Employment The claimant sought leave to appeal, and the EAT considered whether any point of law was properly raised. 1 Cites [ Bailii ] Â Joy v Connex South Central [2002] UKEAT 975_01_1311 13 Nov 2002 EAT Employment [ Bailii ] Â Â Healey v Bridgend County Borough Council; CA 14-Nov-2002 - Times, 02 December 2002; Gazette, 30 January 2003; [2002] EWCA 1996 Â Landon v Lill [2002] EAT 1486_00_1411 14 Nov 2002 EAT Employment [ Bailii ] Â Landon v Lill [2002] UKEAT 1486_00_1411 14 Nov 2002 EAT Employment [ Bailii ] Â Â A v B; EAT 14-Nov-2002 - EAT/1167/01; [2002] UKEAT 1167_01_1411; [2003] IRLR 405 Â United Care Homes Ltd v Bennett [2002] UKEAT 1291_01_1411 14 Nov 2002 EAT Employment [ Bailii ] Â Stern v Next Retail Ltd [2002] UKEAT 1030_02_1511 15 Nov 2002 EAT Employment [ Bailii ] Â Sibley vTthe Girl's Day School Trust, Norwich High School EAT/1368/01 15 Nov 2002 EAT His Hon Judge J Burke QC Discrimination, Employment EAT Sex Discrimination - Equal treatment directive EAT Sex Discrimination - Equal treatment directive. 1 Cites [ EATn ] Â Derham v Callaghan [2002] UKEAT 0177_02_1511 15 Nov 2002 EAT Employment [ Bailii ] Â Elliot v Rooproy and others [2002] UKEAT 0826_02_1511 15 Nov 2002 EAT Employment 1 Cites 1 Citers [ Bailii ] Â Soapworks Ltd v Lindsay [2002] UKEAT 0012_02_1811 18 Nov 2002 EAT Employment [ Bailii ] Â McNally v Cumbria County Council [2002] UKEAT 931_02_1811 18 Nov 2002 EAT Employment [ Bailii ] Â Soapworks Ltd v John James Lindsay EATS/0012/02 18 Nov 2002 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â Hussain v Century Electronics UK Inc Ltd [2002] UKEAT 0919_02_1811 18 Nov 2002 EAT Employment [ Bailii ] Â Hussain v University of East Anglia and others [2002] UKEAT 0678_02_1811 18 Nov 2002 EAT Employment [ Bailii ] Â Soapworks Ltd v Lindsay EATS/0012/02 18 Nov 2002 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Reason for Dismissal Â Pawar v Superior Foods Ltd [2002] UKEAT 0341_02_1811 18 Nov 2002 EAT Employment [ Bailii ] Â Columba Toner v NWIFHE [2002] NIIT 848_02 18 Nov 2002 NIIT Northern Ireland, Employment Employment Rights (Northern Ireland) Order 1996 55 [ Bailii ] Â Columba Toner v NWIFHE (Preliminary Hearing Jurisdiction) [2002] NIIT 155 18 Nov 2002 NIIT Employment Employment Rights (Northern Ireland) Order 1996 [ Bailii ] Â Shelton v Full House Restaurants Ltd [2002] UKEAT 1384_01_1811 18 Nov 2002 EAT Employment 1 Cites [ Bailii ] Â Duffy v Property Management Services [2002] NIIT 2587_01 18 Nov 2002 NIIT Northern Ireland, Employment [ Bailii ] Â London Borough of Harrow v M S Knight EAT/790/01; [2002] UKEAT 0790_01_1811; [2003] IRLR 140 18 Nov 2002 EAT Mr Recorder Underhill QC Employment EAT Unfair Dismissal - Other 1 Cites 1 Citers [ Bailii ] - [ EATn ] Â Mckeown v Chap Cable Ltd and Another [2002] NIIT 3473_01 18 Nov 2002 NIIT Northern Ireland, Employment [ Bailii ] Â O'Neill v Valence Technology Bv [2002] NIIT 1909_00 18 Nov 2002 NIIT Northern Ireland, Employment [ Bailii ] Â Pone v Ordnance Survey [2002] UKEAT 1392_01_1911 19 Nov 2002 EAT Employment [ Bailii ] Â HFC Bank Ltd v Smith [2002] UKEAT 1023_02_1911 19 Nov 2002 EAT Employment [ Bailii ] Â Larkham v Downeys Cars Ltd [2002] NIIT 1530_02 19 Nov 2002 NIIT Northern Ireland, Employment [ Bailii ] Â L Turay v Complete Property Security Ltd EAT/1322/01 19 Nov 2002 EAT The Honourable Mr Justice Burton (P) Employment EAT Unfair Dismissal - Other [ EATn ] Â the London Borough of Lewisham v C Dubbere UKEAT/19/02/ILB 19 Nov 2002 EAT The Honourable Mr Justice Elias Employment EAT Unfair Dismissal - Exclusions including worker/jurisdiction. [ EATn ] Â Davies v Cooper Cleaning UK Ltd [2002] UKEAT 427_02_1911 19 Nov 2002 EAT Employment [ Bailii ] Â Derbyshire and others v St Helens Metropolitan Borough Council [2002] UKEAT 1076_01_1911 19 Nov 2002 EAT Employment [ Bailii ] Â Turay v Complete Property Security Ltd [2002] UKEAT 1322_01_1911 19 Nov 2002 EAT Employment [ Bailii ] Â Suleyman Kirik v Oktay Ltd EATS/0014/02 20 Nov 2002 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Procedural fairness/automatically unfair dismissal. [ EATn ] Â Convergent Telecom Ltd v S Swann, Convergent Systems Ltd EAT/534/02 20 Nov 2002 EAT His Hon Judge Pugsley Employment EAT Jurisdiction - (no sub-topic). [ EATn ] Â P and O Trans European Limited v S Vidal EAT/656/02 20 Nov 2002 EAT The Honourable Mr Justice Burton (P) Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â P and O Trans European Ltd v Vidal [2002] UKEAT 656_02_2011 20 Nov 2002 EAT Employment [ Bailii ] Â Convergent Telecom Ltd v S Swann Convergent Ltd EAT/534/02 20 Nov 2002 EAT His Hon Judge Pugsley Employment EAT Transfer of Undertakings - Insolvent Employer Â Suleyman Kirik v Oktay Ltd EATS/0014/02; [2002] UKEAT 0014_02_2011 20 Nov 2002 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Procedural Fairness 1 Cites 1 Citers [ Bailii ] Â P and O Trans European v S Vidal EAT/656/02 20 Nov 2002 EAT The Honourable Mr Justice Burton (P) Employment EAT Unfair Dismissal - Reason for Dismissal Â Virmani v ISS Aviation UK Ltd [2002] UKEAT 0795_02_2011 20 Nov 2002 EAT Employment [ Bailii ] Â Convergent Telecom Ltd v Swann [2002] UKEAT 534_02_2011 20 Nov 2002 EAT Employment [ Bailii ] Â Complete Clean Ltd v Savage and others [2002] UKEAT 668_01_2011 20 Nov 2002 EAT Employment [ Bailii ] Â Camden v Collins and Another [2002] UKEAT 1436_01_2011 20 Nov 2002 EAT Employment [ Bailii ] Â Douglas McFarlane v Shell (UK) Ltd EATS/0016/02; [2002] UKEAT 0016_02_2011 20 Nov 2002 EAT The Honourable Lord Johnston Discrimination, Employment EAT The tribunal asked whether the claimant was disabled within the Act. He suffered depression, but the tribunal had found it not substantial and not capable of lasting more than 12 months. EAT Disability Discrimination - Disability. Disability Discrimination Act 1995 1 [ Bailii ] - [ EAT ] Â Mcintosh Donald Ltd v Anderson [2002] UKEAT 0018_02_2111 21 Nov 2002 EAT Employment [ Bailii ] Â Bakshi v Consignia Plc and Another [2002] EWCA Civ 1816 21 Nov 2002 CA Sedley LJ Employment, Discrimination [ Bailii ] Â McIntosh Donald Ltd v Geoffrey Alexander Anderson EATS/0018/02 21 Nov 2002 EAT The Honourable Lord Johnston Employment EAT Procedural Issues - Employment Tribunal Â Mcintosh Donald Ltd v Geoffrey Alexander Anderson EATS/0018/02 21 Nov 2002 EAT The Honourable Lord Johnston Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â Torith Ltd v David Wilson Flynn EATS/0017/02 21 Nov 2002 EAT The Honourable Lord Johnston Employment EAT Working Time Regulations - (no sub-topic). [ EATn ] Â A A Khan v Priority Air Freifgt Limited EAT/0093/02 21 Nov 2002 EAT His Hon Judge J Burke Qc Employment EAT Unfair Dismissal - Other [ EATn ] Â Khan v Priority Air Freight Ltd [2002] UKEAT 0093_02_2111 21 Nov 2002 EAT Employment [ Bailii ] Â Brick Services Ltd v Thompson [2002] UKEAT 885_01_2111 21 Nov 2002 EAT Employment [ Bailii ] Â Argenio v Nec Group Ltd and Another [2002] EWCA Civ 1817 21 Nov 2002 CA Employment [ Bailii ] Â Torith Ltd v Flynn [2002] UKEAT 0017_02_2111 21 Nov 2002 EAT Employment [ Bailii ] Â Husain v Avon and Somerset Police and others [2002] UKEAT 1404_01_2111 21 Nov 2002 EAT Employment [ Bailii ] Â A A Khan v Priority Air Freifgt Limited EAT/0093/02 21 Nov 2002 EAT His Hon Judge J Burke QC Employment EAT Unfair Dismissal - Other Â Sands-Ellison v One Call Insurance [2002] UKEAT 0002_02_2211 22 Nov 2002 EAT Employment [ Bailii ] Â Brown v Mccullough [2002] NIIT 1690_02 22 Nov 2002 NIIT Northern Ireland, Employment [ Bailii ] Â Bruce v Dignity Funerals Ltd (Formerly SCI Funerals Ltd) EATS/0015/02; [2002] UKEAT 0015_02_2211 22 Nov 2002 EAT The Honourable Lord Johnston Employment, Scotland, Damages Employment Rights Act 1996 123(1) 1 Cites 1 Citers [ Bailii ] - [ EAT ] Â S L Sands-Ellison v One Call Insurance EAT/0002 22 Nov 2002 EAT His Hon Judge J Altman Employment EAT Unlawful Deduction from Wages - (no sub-topic). [ EATn ] Â S L Sands-Ellison v One Call Insurance 22 Nov 2002 EAT His Hon Judge J Altman Employment EAT Unlawful Deduction from Wages - Â Davies v Shropshire County Council and others [2002] UKEAT 973_02_2211 22 Nov 2002 EAT Employment [ Bailii ] Â Watson v Bonar Floors Ltd [2002] UKEAT 0961_02_2211 22 Nov 2002 EAT Employment [ Bailii ] Â Williams v Y K K (Uk) Ltd [2002] UKEAT 0408_01_2211 22 Nov 2002 EAT Employment [ Bailii ] Â Jasani v British Broadcasting Association [2002] UKEAT 1037_02_2511 25 Nov 2002 EAT Employment [ Bailii ] Â Sutton v Potting Construction Ltd [2002] UKEAT 0900_02_2511 25 Nov 2002 EAT Employment [ Bailii ] Â Trevena v Multitech Services Ltd [2002] UKEAT 1509_00_2511 25 Nov 2002 EAT Employment [ Bailii ] Â Edwards v Secretary of State for Trade and Industry and Another [2002] UKEAT 1117_01_2511 25 Nov 2002 EAT Employment [ Bailii ] Â Albion Hotel (Freshwater) Ltd v Silva and Another [2002] EWCA Civ 1784 25 Nov 2002 CA Employment [ Bailii ] Â Black v Campbell College [2002] NIIT 723_02 26 Nov 2002 NIIT Northern Ireland, Employment [ Bailii ] Â T P Crook v Ministry of Defence Royal Air Force EAT/263/00/EAT/323/00/EAT/389/ 26 Nov 2002 EAT The Honourable Mr Justice Burton (P) Employment EAT Procedural Issues - Employment Appeal Tribunal. [ EATn ] Â Okponobi v Smith [2002] UKEAT 1269_00_2611 26 Nov 2002 EAT Employment [ Bailii ] Â Crook v Ministry of Defence Royal Air Force [2002] UKEAT 263_00_2611 26 Nov 2002 EAT Employment [ Bailii ] Â Babb v Passmores School and Another [2002] UKEAT 0600_02_2611 26 Nov 2002 EAT Employment [ Bailii ] Â Whitely v Marton Electrical Ltd [2002] UKEAT 0841_01_2611 26 Nov 2002 EAT Employment [ Bailii ] Â Edmondson v BMI Healthcare and Another [2002] UKEAT 0654_01_2611 26 Nov 2002 EAT Employment [ Bailii ] Â T P Crook v Ministry of Defence Royal Air Force EAT/263/00; EAT/323/00; EAT/389/00; EAT/390/00; EAT/543/00; EAT/544/00 26 Nov 2002 EAT The Honourable Mr Justice Burton (P) Employment EAT Procedural Issues - Employment Appeal Tribunal Â Walker v University Hospital Birmingham NHS Trust [2002] UKEAT 0108_01_2611 26 Nov 2002 EAT Employment [ Bailii ] Â Santamera v Express Cargo Forwarding (T/A IEC Ltd) EAT/780/01; [2002] UKEAT 780_01_2611; [2003] IRLR 273 26 Nov 2002 EAT Employment The claimant appealed against a decision that she had not been unfairly dismissed. She had been dismissed after complaints by a colleague, but had not been given the opportunity to examine him during the process. Held: An employer was not duty bound to allow an employee subject to a disciplinary hearing to cross examine those who have made statements on which the employer wishes to rely: "in the workplace investigation of misconduct, cross-examination of complainants by the employee whose conduct is in question (or even confrontations between them) are very much the exception" because "Section 98 of the Employment Rights Act 1996 and the cases decided under it and its predecessors do not, of course, require the dismissing employer to be satisfied, on the balance of probabilities, that the employee whose conduct is in question has actually done what he or she is alleged to have done. . In a dismissal based on conduct, it is sufficient for the employer to have a genuine belief that the employee has behaved in the manner alleged, to have reasonable grounds for that belief, and to have conducted an investigation which is fair and proportionate to the employer's capacity and resources. The employer has to act fairly, but fairness does not require a forensic or quasi-judicial investigation, for which the employer is unlikely in any event to be qualified, and for which he, she or it may lack the means." Employment Rights Act 1996 96 1 Cites 1 Citers [ Bailii ] - [ EATn ] Â Grimes v Roundhay Lawn Tennis Club [2002] UKEAT 0682_02_2711 27 Nov 2002 EAT Employment [ Bailii ] Â Evans v Malley Organization Ltd (T/A First Business Support) [2002] EWCA Civ 1834 27 Nov 2002 CA Employment Unauthorised deduction from wages. [ Bailii ] Â Evans v Malley Organisation Ltd (t/a First Business Support) Times, 23 January 2003 27 Nov 2002 CA Pill, Judge, Hale LJJ Employment The claimant was employed, receiving a basic pay together with commission on sales. After termination of his employment he complained that he should have been paid holiday pay based upon the average total pay rather than the basic pay. Held: The right to holiday pay arose under the Regulations, but the pay was calculated under the Act. The pay did not vary with the amount of work done, but the test was first to be decided between subsections (2) and (3), and only then was subsection (4) to be applied, therefore that subsection did not operate to include commission in all pay calculations. Only where the pay varied with the amount of work done could commission also be added. Working Time Regulations 1998 (1998 No 1833) 13 - Employment Rights Act 1996 221 Â Roberts v Oracle Corporation UK Ltd [2002] UKEAT 1294_01_2711 27 Nov 2002 EAT Employment [ Bailii ] Â Tibbett and Britten UK Limited v G Burke EAT/1472/01 27 Nov 2002 EAT The Honourable Mr Justice Burton (P) Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â Tibbett and Britten UK Ltd v Burke [2002] UKEAT 1472_01_2711 27 Nov 2002 EAT Employment [ Bailii ] Â Tibbett and Britten UK Limited v G Burke EAT/1472/01 27 Nov 2002 EAT The Honourable Mr Justice Burton (P) Employment EAT Unfair Dismissal - Reason for dismissal Â Hendricks v The Commissioner of Police of the Metropolis Times, 06 December 2002; [2002] EWCA Civ 1686; [2003] IRLR 96; [2003] 1 All ER 654; [2002] All ER (D) 407; [2003] ICR 530 27 Nov 2002 CA Judge, Mummery, May LJJ Discrimination, Police, Employment The appellant appealed a finding of the Employment Appeal Tribunal against her. She had complained of sex and race discrimination. She alleged that the Tribunal had concentrated on the issues of policy within the respondent police force. Held: The true issues were how in fact the complainant had been treated, and the Tribunal had concentrated too much on what were the policies of the Respondent. Attempts should be made to concentrate on the most recent and most serious allegations to limit the scope of the hearings. 1 Cites 1 Citers [ Bailii ] Â J R Pitman v Foreign and Commonwealth Office EAT/416/00 28 Nov 2002 EAT The Honourable Mr Justice Elias Employment EAT Redundancy - Definition [ EATn ] Â Pitman v Foreign and Commonwealth Office [2002] EAT 0416_00_2811 28 Nov 2002 EAT Employment [ Bailii ] Â J R Pitman v Foreign and Commonwealth Office EAT/416/00 28 Nov 2002 EAT The Honourable Mr Justice Elias Employment EAT Redundancy - Definition Â Pitman v Foreign and Commonwealth Office [2002] UKEAT 0416_00_2811 28 Nov 2002 EAT Employment [ Bailii ] Â South Tyneside Metropolitan Borough Council v Toulson [2002] UKEAT 1333_01_2811 28 Nov 2002 EAT Employment [ Bailii ] Â Sales v Davison [2002] NIIT 887_02 29 Nov 2002 NIIT Northern Ireland, Employment [ Bailii ] Â Edwards v Badenoch and Clark [2002] UKEAT 0926_02_2911 29 Nov 2002 EAT Employment [ Bailii ] Â Wilson (T/A Wilson's Greengrocers) v Knight [2002] UKEAT 1022_02_2911 29 Nov 2002 EAT Employment 1 Citers [ Bailii ] Â Colvin v Attol Business Systems Ltd [2002] UKEAT 0880_02_2911; EAT/880/02 29 Nov 2002 EAT His Hon Judge Mcmullen QC Employment EAT Unfair Dismissal - Other 1 Cites [ Bailii ] - [ EATn ] Â Hall v Social Security Agency [2002] NIIT 2428_01 29 Nov 2002 NIIT Northern Ireland, Employment [ Bailii ] Â Campbell v Merseyside Fire and Civil Defence Authority and Another [2002] UKEAT 0974_02_2911 29 Nov 2002 EAT Employment [ Bailii ] Â Marks v British Telecom Northern Ireland [2002] NIIT 2876_00 29 Nov 2002 NIIT Northern Ireland, Employment [ Bailii ] Â Zalzala v University of Sheffield [2002] UKEAT 0201_01_2911 29 Nov 2002 EAT Employment [ Bailii ] Â Hossack v Kettering Borough Council [2002] UKEAT 1113_01_2911 29 Nov 2002 EAT Employment [ Bailii ] Â Dr A M S Zalzala v University Og Sheffield EAT/201/01 29 Nov 2002 EAT His Hon Judge Clark Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â B Colvin v Attol Business Systems Ltd EAT/880/02 29 Nov 2002 EAT His Hon Judge Mcmullen QC Employment EAT Unfair Dismissal - Other Â Bax Global Ltd and Another v Carvalho and Another (T/A Mango Hair) [2002] UKEAT 812_01_2911 29 Nov 2002 EAT Employment [ Bailii ] Â Marks v British Telecom Northern Ireland (Preliminary Issue- Disability) [2002] NIIT 164 29 Nov 2002 NIIT Northern Ireland, Employment [ Bailii ] Â Dr A M S Zalzala v University Og Sheffield EAT/201/01 29 Nov 2002 EAT His Hon Judge Clark Employment EAT Procedural Issues - Employment Tribunal Â Hall v Social Security Agency [2002] NIIT 162 29 Nov 2002 NIIT Northern Ireland, Employment Preliminary Issue- Worker [ Bailii ] Â J V Strong and Co Ltd v M G Hamill EAT/1179/99 1 Dec 2002 EAT His Hon Judge J Altman Employment EAT Unfair Dismissal - Other Â J v Strong and Co Ltd v M G Hamill EAT/1179/99 1 Dec 2002 EAT His Hon Judge J Altman Employment EAT Unfair Dismissal - Other [ EATn ] Â Ryton v Steven Frankham Associates [2002] UKEAT 942_02_0212 2 Dec 2002 EAT Employment [ Bailii ] Â Wyndham (T/A John Wyndham Hair Care) v Miller [2002] UKEAT 1034_02_0212 2 Dec 2002 EAT Employment 1 Cites 1 Citers [ Bailii ] Â Customs and Excise v Jayawardane [2002] UKEAT 1092_01_0212 2 Dec 2002 EAT Employment [ Bailii ] Â Simms v Liverpool City Council Personnel and Administrative Directorate [2002] UKEAT 1089_02_0212 2 Dec 2002 EAT Employment [ Bailii ] Â Carlisle City Council v Bulman and others [2002] UKEAT 1120_01_0212 2 Dec 2002 EAT Employment [ Bailii ] Â Prebon Marshall Yamane (UK) Ltd v Rose [2002] UKEAT 1000_02_0312 3 Dec 2002 EAT Employment 1 Citers [ Bailii ] Â K Mcintosh Barbour v Victoria and Albert Museum Galago Ltd EAT/1165/01; EAT/1166/01 3 Dec 2002 EAT The Honourable Mr Justice Elias Employment EAT Procedural Issues - Employment Tribunal Â Alamo Group (Europe) Limited v P Tucker Twose of Tiverton Limited Now Know As TTL Ltd EAT/994/01; Gazette, 10 July 2003; [2003] IRLR 266; UKEAT/994/01/RN 3 Dec 2002 EAT His Hon Judge J Altman Employment EAT Transfer of Undertakings - Dismissal The employees sought compensation from the transferee company after a transfer within the regulations, saying that the transferring company had failed to carry out the necessary consultation with them before the transfer. Held: The transferree was responsible in law for the acts of the transferring company. It was up to the purchaser to protect itself with appropriate indemnities in the purchase. [ EAT ] - [ EAT ] Â Management Committee of Chambers of 8 Kings Bench Walk v A N Burton EAT/472/01 3 Dec 2002 EAT His Hon Judge Prophet Employment EAT Unfair Dismissal - Other Â Liggins v Thameslink Rail Ltd [2002] UKEAT 1340_00_0312 3 Dec 2002 EAT Employment [ Bailii ] Â Management Committee of Chambers of 8 Kings Bench Walk v A N Burton EAT/472/01 3 Dec 2002 EAT His Hon Judge Prophet Employment EAT Unfair Dismissal - Other [ EATn ] Â Mcintosh v Victoria and Albert Museum and Another [2002] UKEAT 1165_01_0312 3 Dec 2002 EAT Employment [ Bailii ] Â K Mcintosh, Ms Barbour v Victoria and Albert Museum, Galago Ltd EAT/1165/01 & EAT/1166/01 3 Dec 2002 EAT The Honourable Mr Justice Elias Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â 8 Kings Bench Walk v Burton [2002] UKEAT 472_01_0312 3 Dec 2002 EAT Employment [ Bailii ] Â McDonald v European Children's Trust [2002] UKEAT 879_02_0412 4 Dec 2002 EAT Employment [ Bailii ] Â Zurlo v University of Ulster [2002] NIIT 569_02 4 Dec 2002 NIIT Employment [ Bailii ] Â Sinha v Doncaster and Bassetlaw NHS Hospitals Trust [2002] UKEAT 1044_02_0412 4 Dec 2002 EAT Employment [ Bailii ] Â London Borough of Hackney v K E Adams EAT/1318/01 4 Dec 2002 EAT The Honourable Mr Justice Elias Employment EAT Trade Union Rights - Action short of dismissal. [ EAT ] Â Irandoust v Swiis Ltd and others [2002] UKEAT 1009_01_0412 4 Dec 2002 EAT Employment [ Bailii ] Â Chigbundu v Central Technology College and Another [2002] UKEAT 965_99_0412 4 Dec 2002 EAT Employment [ Bailii ] Â Rowe and Cohen v Rankin [2002] UKEAT 0739_01_0412 4 Dec 2002 EAT Employment 1 Cites [ Bailii ] Â Astrid Hudson v George Harrison Limited EAT/571/02 5 Dec 2002 EAT His Hon Judge Mcmullen Qc Employment EAT Redundancy - Definition [ EATn ] Â Santos v Carvalho and Another (T/A Mango Hair) [2002] UKEAT 811_01_0512 5 Dec 2002 EAT Employment [ Bailii ] Â Redditch Council for Voluntary Service v Shah and Another [2002] UKEAT 0984_02_0512 5 Dec 2002 EAT Employment [ Bailii ] Â Boal v Ferguson [2002] NIIT 1466_02 5 Dec 2002 NIIT Northern Ireland, Employment [ Bailii ] Â M A Opare-Addo v Wandsworth Borough Council EAT/740/01 5 Dec 2002 EAT His Hon Judge J Altman Employment EAT Time Limits - (no sub-topic) [ EATn ] Â Item Software (UK) Ltd v Fassihi and Others [2002] EWHC 3116 (Ch); [2003] BCC 858; [2003] 2 BCLC 1; [2003] IRLR 769 5 Dec 2002 ChD N Strauss J Employment Enforcement of confidentiality clause in contract of employment on termination. [ Bailii ] Â Astrid Hudson v George Harrison Limited Times, 15 January 2003; EAT/571/02 5 Dec 2002 EAT Peter Clark J, McArthur and Singh Employment The claimant had sought a finding that she had been made redundant. The employer replied that they had made a reasonable offer of alternative employment at the site to which it was re-locating. The employee appealed the finding against her on the basis that the tribunal should have adopted a test equivalent to the 'band of reasonable responses' test applicable to issues of fairness. Held: The test should not be used in cases under this section. The section required the tribunal to consider a wider range of factors, including the employee's personal circumstances. The Everest case still demonstrated the correct test, and the employee's conduct was to be viewed from her point of view, and on the facts as they then reasonably appeared. EAT Redundancy - Definition Employment Rights Act 1996 141(2) 1 Cites Â M A Opare-Addo v Wandsworth Borough Council EAT/740/01 5 Dec 2002 EAT His Hon Judge J Altman Employment EAT Time Limits - Â Opare-Addo v Wandsworth [2002] UKEAT 0740_01_0512 5 Dec 2002 EAT Employment [ Bailii ] Â M Iqbal v Consignia Plc EAT/1364/01; [2002] UKEAT 1364_01_0512 5 Dec 2002 EAT The Honourable Mr Justice Elias Employment EAT Procedural Issues - Employment Tribunal The claimant had had his claims for discrimination rejected. He was found to have been unfairly dismissed, but with nil compensation because of what was found to be his deceit. He said he had not been given opportunity to respond to this suggestion. Held: Thoughh the issue had been raised it was not in the context in which it was applied, and the claimant had not been given fair warning of and opportunity for representations. The matter was remmitted to the tribunal. 1 Cites [ Bailii ] Â Grady v HM Prison Service [2002] UKEAT 67_02_0512 5 Dec 2002 EAT Employment [ Bailii ] Â Pritchard v Belfast Institute of Further and Higher Education and Another [2002] NIIT 79_00 5 Dec 2002 NIIT Northern Ireland, Employment [ Bailii ] Â Hudson v George Harrison Ltd [2002] UKEAT 0571_02_0512 5 Dec 2002 EAT Employment [ Bailii ] Â M Iqbal v Consignia Plc EAT/1364/01 5 Dec 2002 EAT The Honourable Mr Justice Elias Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â Cape Industrial Services Ltd v P Ambler EAT/950/01 6 Dec 2002 EAT His Hon Judge Clark Employment EAT National Minimum Wage - (no sub-topic). [ EATn ] Â L Hughes v Governing Body of Archers Court School EAT/1444/01 6 Dec 2002 EAT His Hon Judge Prophet Employment EAT Unfair Dismissal - Other [ EATn ] Â Henry v London Borough of Newham [2002] UKEAT 0991_02_0612 6 Dec 2002 EAT Employment 1 Citers [ Bailii ] Â Sparks v HSBC Plc [2002] EWCA Civ 1942 6 Dec 2002 CA Employment, Negligence [ Bailii ] Â Dobbin v Taylors Bros Civil Engineers Ltd [2002] NIIT 1468_02 6 Dec 2002 NIIT Northern Ireland, Employment [ Bailii ] Â McCombe v Ministry of Defence [2002] NIIT 171; [2002] NIIT 1034_02 6 Dec 2002 NIIT Employment, Discrimination (Sex Discrimination) [ Bailii ] - [ Bailii ] Â Mcdowell v H Ireland and Son [2002] NIIT 429_02 6 Dec 2002 NIIT Northern Ireland, Employment [ Bailii ] Â Bridge Line Demolition Ltd v Health and Safety Executive for Northern Ireland [2002] NIIT 1063_02 6 Dec 2002 NIIT Northern Ireland, Employment [ Bailii ] Â Anderson v Ni Hard Metal Ltd and Another [2002] NIIT 88_02 6 Dec 2002 NIIT Northern Ireland, Employment [ Bailii ] Â Murray v Gilchrist [2002] NIIT 1482_02 6 Dec 2002 NIIT Northern Ireland, Employment [ Bailii ] Â Deman v University of Bradford and Another [2002] UKEAT 1144_02_0612 6 Dec 2002 EAT Employment 1 Citers [ Bailii ] Â L Hughes v Governing Body of Archers Court School EAT/1444/01 6 Dec 2002 EAT His Hon Judge Prophet Employment EAT Unfair Dismissal - Other Â Cape Industrial Services Ltd v P Ambler EAT/950/01 6 Dec 2002 EAT His Hon Judge Clark Employment EAT National Minimum Wage - Â Williams v the Devon and Cornwall Constabulary and Another [2002] UKEAT 283_00_0612 6 Dec 2002 EAT Employment [ Bailii ] Â McWhirter v Department of Health and Social Services and Public Safety and Another [2002] NIIT 888_02 9 Dec 2002 NIIT Employment [ Bailii ] Â Bridge v London General Transport Services Ltd [2002] UKEAT 0970_02_0912 9 Dec 2002 EAT Employment [ Bailii ] Â Adebowale v MHL Support Plc [2002] UKEAT 1051_02_0912 9 Dec 2002 EAT Employment 1 Citers [ Bailii ] Â Fiona Vaughan Reed v the Royal Highland and Agricultural Society of Scotland EATS/0020/02 9 Dec 2002 EAT The Honourable Lord Johnston Employment EAT Jurisdiction - Â Reed v The Royal Highland and Agricultural Society of Scotland [2002] UKEAT 0020_02_0912 9 Dec 2002 EAT Lord Johnston Employment [ Bailii ] Â Odenore v Knightstone Housing Association Ltd [2002] UKEAT 1113_02_0912 9 Dec 2002 EAT Employment [ Bailii ] Â Fiona Vaughan Reed v the Royal Highland and Agricultural Society of Scotland EATS/0020/02 9 Dec 2002 EAT The Honourable Lord Johnston Employment EAT Jurisdiction - (no sub-topic). [ EATn ] Â Rofique v Turves Green Girls School [2002] UKEAT 569_02_0912 9 Dec 2002 EAT Employment [ Bailii ] Â Marion Graham Taylor v Barkland (Uk) Ltd EATS/0024/02 10 Dec 2002 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Compensation Â Anthony Jon Taylor v Dumfries and Galloway Citizens Advice Services EAT/554/01; EATS/0021/02; [2002] UKEAT 554_01_1709 10 Dec 2002 EAT The Honourable Lord Johnston Employment, Discrimination, Scotland EAT Procedural Issues - Employment Tribunal - Disability Discrimination - Compensation. EAT Disability Discrimination - Compensation 1 Cites [ Bailii ] - [ EATn ] - [ EATn ] Â Rosan Heims Plc v Duke and others [2002] UKEAT 1248_01_1012 10 Dec 2002 EAT Employment [ Bailii ] Â Rosan Heims Plc v Duke Lennie Hollist, Secretary of Sate for Trade and Industry EAT/1248/01 10 Dec 2002 EAT The Honourable Mr Justice Elias Employment EAT Transfer of Undertakings - Transfer Â Donnelan and others v Britton Taco Ltd [2002] UKEAT 1058_00_1012 10 Dec 2002 EAT Employment EAT Redundancy - Collective Consultation and Information 1 Cites [ Bailii ] Â Foster v Royal Mail and Another [2002] NIIT 2832_00 10 Dec 2002 NIIT Employment [ Bailii ] Â Mayers v The Corporation of London and the City of London Police [2002] UKEAT 812_00_1012 10 Dec 2002 EAT Employment [ Bailii ] Â Taylor v Barkland (Uk) Ltd [2002] UKEAT 0024_02_1012 10 Dec 2002 EAT Employment [ Bailii ] Â Taylor v Dumfries and Galloway Citizens Advice Services [2002] UKEAT 0021_02_1012 10 Dec 2002 EAT Employment [ Bailii ] Â Marion Graham Taylor v Barkland (Uk) Ltd EATS/0024/02 10 Dec 2002 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Compensation. [ EATn ] Â Rosan Heims Plc v Ms Duke, Lennie, Hollist, Secretary of Sate for Trade and Industry EAT/1248/01 10 Dec 2002 EAT The Honourable Mr Justice Elias Employment EAT Transfer of Undertakings - Transfer. [ EATn ] Â Lisk-Carew v Birmingham City Council and Another [2002] UKEAT 0779_02_1112 11 Dec 2002 EAT Employment [ Bailii ] Â Bruce v Leeds City Council [2002] UKEAT 0315_02_1112 11 Dec 2002 EAT Employment [ Bailii ] Â Darnton v University of Surrey [2002] UKEAT 882_01_1112; [2003] IRLR 133 11 Dec 2002 EAT Employment The claimant lecturer claimed that his dismissal was unfair after he had written to the principal making allegations of unlawful behaviour. He appealed a finding by the tribunal that since his allegations were not proven, he was not protected. Held: Whilst an employee claiming the protection of ERA 1996, section 43(1) must have a reasonable belief that the information he is disclosing tends to show one of more of the matters listed in section 43B(1)(a) to (f), there is no requirement upon him to demonstrate that his belief is factually correct: "In our opinion, the determination of the factual accuracy of the disclosure by the Tribunal will, in many cases, be an important tool in determining whether the worker held the reasonable belief that the disclosure tended to show a relevant failure. Thus if an Employment Tribunal finds that an employee's factual allegation of something he claims to have seen himself is false, that will be highly relevant to the question of the worker's reasonable belief. It is extremely difficult to see how a worker can reasonably believe that an allegation tends to show that there has been a relevant failure if he knew or believed that the factual basis was false. We cannot accept Mr. Kallipetis's submission that reasonable belief applies only to the question of whether the alleged facts tend to disclose a relevant failure. We consider that as a matter of both law and common sense all circumstances must be considered together in determining whether the worker holds the reasonable belief. The circumstances will include his belief in the factual basis of the information disclosed as well as what those facts tend to show. The more the worker claims to have direct knowledge of the matters which are the subject of the disclosure, the more relevant will be his belief in the truth of what he says in determining whether he holds that reasonable belief." and "Parliament has not sought to import into section 43B a requirement that the worker must hold the belief that the information and allegations disclosed are substantially true. Parliament has distinguished between sections 43F, 43G and 43H in which there is such a requirement, and section 43B in which there is not. There is no justification, in our opinion, for importing words which Parliament chose not to enact, into section 43B." Employment Rights Act 1996 43B(1)(a) 1 Cites 1 Citers [ Bailii ] Â J Williams v Hewlett Packard, Certes Computing Ltd UKEAT/1437/01 11 Dec 2002 EAT The Honourable Mr Justice Elias Employment EAT Unfair Dismissal - Constructive dismissal. [ EATn ] Â Fife Council v McCredie, Lawrence Kemp [2002] UKEAT 0028_02_1212; EATS/0028/02 12 Dec 2002 EAT The Honourable Lord Johnston Employment EAT Unlawful Deduction from Wages - (no sub-topic). [ Bailii ] - [ EAT ] Â Archibald v Fife Council EATS/0025/02; [2002] UKEAT 0025_02_1212 12 Dec 2002 EAT The Honourable Lord Johnston Discrimination, Employment EAT Disability Discrimination - Adjustments EAT Disability Discrimination - Reasonable adjustments. 1 Citers [ Bailii ] - [ EAT ] Â Clark v Police Rehabilitation and Retraining Trust [2002] NIIT 262_02 12 Dec 2002 NIIT Northern Ireland, Employment [ Bailii ] Â Hamilton v Tandberg Televison Ltd EAT/65/02; [2002] UKEAT 65_02_1212 12 Dec 2002 EAT His Hon Judge McMullen QC Employment The applicant claimed unfair constructive dismissal. Held: The appeal failed. McMullen QC J said: "It is suggested that the Employment Tribunal erred in law in failing to condemn the investigation. The standard against which investigation should be judged appears to us, in this case at least, to be the band of reasonable responses. As we pointed out to the advocates in this case, the Court of Appeal has recently reaffirmed that the band of reasonable responses approach applies to the conduct of investigations as much as to other procedural and substantive aspects of the decision to dismiss a person from his or her employment for conduct. See Sainsbury's Supermarkets Ltd v Hitt [2002] EWCA Civ 1588 per Mummery LJ. That, it seems to us, represents a slight lowering of the standards of fairness in an investigation of a disciplinary matter. Miss Robertson submitted to us today that we should read across the approach in conduct dismissal into the case of an employer handling a grievance. We think that is sensible, at least as it is applied in the circumstances of this case, which does carry with it some criticisms of the conduct of the Applicant, albeit arising in the context of the grievance hearing. So, judged against the standard of a reasonable employer, can it be said that no reasonable Employment Tribunal could have found that the failure to investigate every single person at the 4 April meeting constituted a breach of the standards required by a reasonable employer?" 1 Cites 1 Citers [ Bailii ] - [ EATn ] Â Morrison v Hall and Another [2002] NIIT 148_00 12 Dec 2002 NIIT Northern Ireland, Employment [ Bailii ] Â Hamilton v Tanberg Television Ltd Unreported, 12 December 2002 12 Dec 2002 EAT HHJ McMullen Employment 1 Citers Â Quinn v Royal Mail [2002] NIIT 1038_02 12 Dec 2002 NIIT Northern Ireland, Employment [ Bailii ] Â Morello v Commission [2002] EUECJ T-164/00 12 Dec 2002 ECFI Employment ECJ Officials - Statement of reasons - Action for annulment - Action for damages. [ Bailii ] Â Williams v Lockhart Security Services Ltd [2002] UKEAT 1395_01_1212 12 Dec 2002 EAT Employment [ Bailii ] Â Gate Gourmet v J B Jangra EAT/547/99 12 Dec 2002 EAT His Hon Judge Clark Employment EAT Unfair Dismissal - Other 1 Cites [ EATn ] Â Lawson v Serco Ltd EAT/18/02 12 Dec 2002 EAT His Hon Judge J Altman Employment EAT Jurisdiction - (no sub-topic). Employment Rights Act 1996 196 1 Citers [ EATn ] Â Messrs Caesar and Howie v Cosgrove [2002] UKEAT 0022_02_1312 13 Dec 2002 EAT Employment [ Bailii ] Â Curr v Marks and Spencer Plc [2002] EWCA Civ 1852 13 Dec 2002 CA Employment [ Bailii ] Â Â Autonomy Systems Ltd v Cuddington; EAT 13-Dec-2002 - [2002] UKEAT 0854_02_1312; EAT/854/02 Â Foote v Millar [2002] NIIT 179 13 Dec 2002 NIIT Northern Ireland, Employment (Deduction In Wages) [ Bailii ] Â Foote v Millar [2002] NIIT 884_02 13 Dec 2002 NIIT Northern Ireland, Employment [ Bailii ] Â Carson v Social Security Agency and others [2002] NIIT 3021_01 13 Dec 2002 NIIT Northern Ireland, Employment [ Bailii ] Â Curr v Marks and Spencer plc Times, 30 January 2003 13 Dec 2002 CA Peter Gibson, Clarke, Scott Baker, LJJ Employment The claimant had been employed by the respondent, but after taking maternity leave had been made redundant. The employer claimed her continuous employment had been broken. Held: The section intended to protect continuous employment despite what might otherwise be breaks in employment. Nevertheless, the parties had to agree that employment would continue. That required both parties to come to an agreement. That had not happened here. The employer should have disclosed the position, but failing to do so did not change it. Employment Rights Act 1996 212 Â Mayne v Burns [2002] NIIT 180 13 Dec 2002 NIIT Employment Holiday Pay/NMW/Pay Statement [ Bailii ] Â Moore v Belfast Contract Cleaners Ltd [2002] NIIT 1231_02 13 Dec 2002 NIIT Northern Ireland, Employment [ Bailii ] Â Carter Retail Equipment Ltd v Flora and others [2002] UKEAT 0735_02_1312 13 Dec 2002 EAT Luba QC Rec Employment [ Bailii ] Â Tower Hamlets v Ogunlokun [2002] UKEAT 762_01_1312 13 Dec 2002 EAT Employment [ Bailii ] Â Thompson v Nortel Networks [2002] NIIT 927_02 13 Dec 2002 NIIT Northern Ireland, Employment [ Bailii ] Â ICG (UK) Ltd (T/A Searle Manufacturing Co) v Bone [2002] UKEAT 1397_01_1312; EAT/1397/01 13 Dec 2002 EAT Mr Recorder Luba QC Employment EAT Redundancy - Definition [ Bailii ] - [ EAT ] Â Obasa v Islington [2002] UKEAT 1350_01_1612 16 Dec 2002 EAT Employment 1 Cites [ Bailii ] Â Martin v Blackpool Borough Council [2002] UKEAT 1098_02_1612 16 Dec 2002 EAT Employment [ Bailii ] Â M Y Cartons Ltd v Pardey EAT/555/01; [2002] UKEAT 0555_01_1612 16 Dec 2002 EAT The Honourable Mr Justice Burton (P) Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ Bailii ] - [ EAT ] Â Beck v Southern Education and Library Board [2002] NIIT 1385_02 16 Dec 2002 NIIT Northern Ireland, Employment [ Bailii ] Â Mckee v Hussain (T/A Euro Foods Cash and Carry) and others [2002] NIIT 2127_01 16 Dec 2002 NIIT Northern Ireland, Employment [ Bailii ] Â Toby v Dolphin School Trust and Another [2002] UKEAT 845_02_1712 17 Dec 2002 EAT Employment [ Bailii ] Â Santoro Graphics Ltd and others v Lynch [2002] UKEAT 818_02_1712 17 Dec 2002 EAT Employment [ Bailii ] Â Norian (T/A La Strada Restaurant) v Angellotti [2002] UKEAT 766_02_1712 17 Dec 2002 EAT Employment [ Bailii ] Â Inland Revenue and others v Post Office Ltd [2002] UKEAT 0442_01_1812 18 Dec 2002 EAT Employment [ Bailii ] Â Lynch v Seagate Technology (Ireland) [2002] NIIT 1487_02 18 Dec 2002 NIIT Northern Ireland, Employment [ Bailii ] Â Haydock v GD Cocker and Sons Ltd [2002] UKEAT 1143_99_1812 18 Dec 2002 EAT Employment [ Bailii ] Â Cutler v the Home Office [2002] UKEAT 1002_02_1812 18 Dec 2002 EAT Employment [ Bailii ] Â Everett Financial Management Ltd v P Murrell EAT/552/02 EAT/553/02 &EAT/952 18 Dec 2002 EAT His Hon Judge J Burke Qc Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â S Haydock v G D Cocker and Sons Ltd EAT/1143/99 & EAT/215/02 18 Dec 2002 EAT His Hon Judge Clark Employment EAT Unfair Dismissal - Other [ EATn ] Â Wilson v Price Waterhouse Coopers (Preliminary Issues- Status of Applicant) [2002] NIIT 193 18 Dec 2002 NIIT Northern Ireland, Employment [ Bailii ] Â Burnett v Stewart and others [2002] NIIT 3447_99 18 Dec 2002 NIIT Northern Ireland, Employment [ Bailii ] Â Turner v Scope (A Registered Charity) [2002] UKEAT 0071_02_1812 18 Dec 2002 EAT Employment [ Bailii ] Â S Haydock v G D Cocker and Sons Ltd EAT/215/02; EAT/1143/99 18 Dec 2002 EAT His Hon Judge Clark Employment EAT Unfair Dismissal - Other Â Everett Financial Management Ltd v P Murrell EAT/952/02; EAT/552/02; EAT/553/02; [2003] EAT 552_02_2402; [2003] UKEAT 552_02_2402 18 Dec 2002 EAT His Hon Judge J Burke QC Employment EAT Unfair Dismissal - Reason for dismissal [ Bailii ] - [ Bailii ] Â Roselodge Ltd v Abuzahara [2002] UKEAT 1227_02_1912 19 Dec 2002 EAT Employment [ Bailii ] Â Woods v McCartney and Another [2002] NIIT 287_00_2 19 Dec 2002 NIIT Northern Ireland, Employment [ Bailii ] Â Woods v Mccartney and Another [2002] NIIT 287_00_2 19 Dec 2002 NIIT Northern Ireland, Employment [ Bailii ] Â Ms Z M Fincham v H M Prison Service EAT/295/01 & EAT/991/01 19 Dec 2002 EAT The Honourable Mr Justice Elias Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â Hertfordshire County Council v Mullings [2002] UKEAT 568_02_1912; EAT/568/02 19 Dec 2002 EAT His Hon Judge Clark Employment, Discrimination EAT Race Discrimination - Direct [ Bailii ] - [ EAT ] Â Murali v British Medical Association and others [2002] UKEAT 0850_02_1912 19 Dec 2002 EAT Employment [ Bailii ] Â Z M Fincham v H M Prison Service EAT/991/01; EAT/295/01; [2002] UKEAT 0925_01_1912 19 Dec 2002 EAT The Honourable Mr Justice Elias Employment EAT Procedural Issues - Employment Tribunal 1 Cites [ Bailii ] Â Esch-Leonhardt and others v BCE T-320/02; [2004] EUECJ T-320/02 19 Dec 2002 ECFI Employment Official [ Bailii ] Â Cape Industrial Services Ltd v Ambler [2002] UKEAT 0950_01_2012 20 Dec 2002 EAT Employment [ Bailii ] Â Husband v Durham Police Authority [2002] UKEAT 1201_01_2012 20 Dec 2002 EAT Wall J Employment When to reverse a previous decision by means of a Review undertaken pursuant to paragraph 13(1)(e) of Schedule 1 to the 2001 Regulations. Employment Tribunals (Constitution and Rules of Procedure) Regulations 2001 [ Bailii ] Â Diagonal Computer Services Ltd v Plews EAT/338/02; [2002] UKEAT 0338_02_2012 20 Dec 2002 EAT Peter Clark HHJ Employment EAT Unlawful Deduction from Wages Appeal against finding of unlawful deduction from wages. [ Bailii ] - [ EAT ] Â Butcher v The Salvage Association EAT/988/01 20 Dec 2002 EAT His Hon Judge J Burke QC Employment EAT Unfair Dismissal - Contributory fault 1 Cites 1 Citers [ EAT ] Â Bowne International Ltd v Slater and others [2002] UKEAT 1165_02_2012 20 Dec 2002 EAT Elias HHJ Employment [ Bailii ] Â Vento v The Chief Constable of West Yorkshire Police (No 2) Times, 27 December 2002; Gazette, 13 March 2003; [2003] ICR 318; [2002] EWCA Civ 1871; [2003] IRLR 102 20 Dec 2002 CA Lord Justice Jonathan Parker, Lord Justice Mummery, Lord Justice Ward Damages, Discrimination, Employment The claimant had been awarded damages for sex discrimination, including a sum of £25,000 for injury to feelings. The respondent appealed. Held: The Court of Appeal looked to see whether there had been an error of law in the employment tribunal decision. It did not look to see whether the Employment Appeal Tribunal had erred in law in reviewing that decision (Hennessy). This did not change with Civil Procedure Rules 52.11. Courts should be reluctant to award very substantial sums for injury to feelings. The most serious cases should be in the bracket £15,000 to £25,000, and the top figure should be exceeded only in the most exceptional cases. The court set out three broad elements of the compensation to be awarded in such cases. From £5,000 to £15,000 is appropriate for other serious cases. £500 to £5,000 is appropriate for not serious cases, including one off acts. A sum of less than £500 should not be awarded, since this would appear an insult. Civil Procedure Rules 52.11 - Sex Discrimination Act 1975 66(4) - Employment Tribunals Act 1996 21 35 37 1 Cites 1 Citers [ Bailii ] Â Carson v Hynds [2002] NIIT 1262_02 23 Dec 2002 NIIT Northern Ireland, Employment [ Bailii ] Â McCabe v Cornwall County Council, The Governing Body of Mounts Bay School Times, 28 December 2002; [2002] EWCA Civ 1887; [2003] IRLR 87; [2003] ICR 501 23 Dec 2002 CA Lord Justice Auld, Lord Justice Brooke, Lord Justice Sedley Employment The claimant sought damages for the consequences of having been suspended from work as a teacher. He later recovered damages for unfair dismissal, and the court had struck out his claim for damages over and above those already awarded. Held: There is no absolute bar against a claim for damages not covered by the Employment Tribunal. The claimant had suffered psychiatric damage during the period of suspension. The Johnson case said that common law claims for damages should not survive the system for compensating for unfair dismissal, but this applied only to damages associated with the dismissal. The right to claim damages could not be left to depend upon whether the employer actually dismissed the employee. 1 Cites 1 Citers [ Bailii ] Â Yorkshire Rider T/A First Huddersfield v F R Neckles EAT/89/02 27 Dec 2002 EAT His Hon Judge Clark Employment EAT Unfair Dismissal - Other [ EATn ] Â Yorkshire Rider T/A First Huddersfield v F R Neckles EAT/89/02 27 Dec 2002 EAT His Hon Judge Clark Employment EAT Unfair Dismissal - Other Â
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