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		Employment - From: 2003 To: 2003 This page lists 1899 cases, and was prepared on 02 April 2018. Â M Davis v Itnet EAT/514/02 2003 EAT Mr Commissioner Howell Qc Employment EAT Unfair Dismissal - Exclusions including worker/jurisdiction. [ EAT ] Â Wallington, S and B Car Hire Kent Ltd v S and B Car Hire Ltd, Painter, Wallington EAT/240/03 & EAT246/03 2003 EAT His Hon Judge Ansell Discrimination, Employment EAT Sex Discrimination - Injury to feelings. [ EAT ] Â D Woodrup v London Borough of Southwark [2003] IRLR 111 2003 CA Simon Brown LJ Employment, Discrimination Simon Brown LJ said: "As will readily be seen, it provides (perhaps rather surprisingly) that someone is to be treated as disabled even though they are not in fact disabled (even, that is, where they suffer no substantial adverse effect on their ability to carry out normal day-to-day activities) if, without the medical treatment they are in fact receiving, they would suffer that disability. One asks the question whether, if treatment were stopped at the relevant date, would the person then, notwithstanding such benefit as had been obtained from prior treatment, have an impairment which would have the relevant adverse effect?" and in a "deduced effect" case "clear medical evidence would be expected, not just the Applicant's own testimony". Disability Discrimination Act 1995 3(2)(a) 1 Cites 1 Citers Â M Davis v Itnet EAT/514/02 2003 EAT Mr Commissioner Howell QC Employment EAT Unfair Dismissal - Exclusions Â Barlow v Borough of Broxbourne [2003] EWHC 50 QB 2003 QBD Gray J Employment, Personal Injury The claimant sought damages alleging having been bullied and harassed at work. Held: The questions to be determined when considering whether alleged bullying and harassment give rise to a potential liability in negligence were: "(i) whether the claimant has established that the conduct complained of in the Particulars of Claim took place and, if so, whether it amounted to bullying or harassment in the ordinary connotation of those terms. In addressing this question it is the cumulative effect of the conduct which has to be considered rather than the individual incidents relied on; (ii) did the person or persons involved in the victimisation or bullying know, or ought they reasonably to have known, that their conduct might cause the claimant harm; (iii) could they, by the exercise of reasonable care, have taken steps which would have avoided that harm and (iv) were their actions so connected with their employment as to render the defendant vicariously responsible for them. " 1 Citers Â P W Kraus v Penna Plc, Syltone Plc EAT/360/03 2003 EAT The Honourable Mr S Justice Cox Employment EAT Practice and Procedure - Striking-out/dismissal. [ EAT ] Â Cosgrove v Royal Mail Group Plc [2003] NIIT 114_02 3 Jan 2003 NIIT Northern Ireland, Employment [ Bailii ] Â Mclean and Appleton (Holdings) Ltd v A Snook EAT/620/02; [2002] UKEAT 0620_02_0512 5 Jan 2003 EAT His Hon Judge Prophet Employment EAT Unfair Dismissal - Other [ Bailii ] - [ EATn ] Â Marsh v B/E Aerospace (Uk) Ltd [2003] NIIT 1029_00 7 Jan 2003 NIIT Northern Ireland, Employment [ Bailii ] Â Morrison v Compass UK Ltd (Holiday Pay) [2003] NIIT 3 8 Jan 2003 NIIT Northern Ireland, Employment [ Bailii ] Â Hagan v Tnt Web Solutions Ltd [2003] NIIT 1892_02 8 Jan 2003 NIIT Northern Ireland, Employment [ Bailii ] Â Hagan v Tnt Web Solutions Ltd (Breach of Contract/Unlawful Deductions) [2003] NIIT 2 8 Jan 2003 NIIT Northern Ireland, Employment [ Bailii ] Â Acehead Ltd (T/A Gb Precision Engineering Co) v Robinson [2003] EAT 17_03_0901 9 Jan 2003 EAT Employment [ Bailii ] Â Acehead Ltd (T/A Gb Precision Engineering Co) v Robinson [2003] UKEAT 17_03_0901 9 Jan 2003 EAT Employment [ Bailii ] Â Heathmill Multimedia Asp Ltd v D Jones, M Jones EAT/200/03 10 Jan 2003 EAT His Hon Judge J R Reid Qc Employment EAT Contract of Employment - Disciplinary and grievance procedure. [ EATn ] Â Heathmill Multimedia Asp Ltd v D Jones M Jones EAT/200/03 10 Jan 2003 EAT His Hon Judge J R Reid QC Employment EAT Contract of Employment - Disciplinary and grievance procedure Â Direct Care Services (A Firm) v Jakob [2003] UKEAT 6_03_1001 10 Jan 2003 EAT Employment [ Bailii ] Â Holman v Dyfed Probation Services [2003] UKEAT 7_03_1001 10 Jan 2003 EAT Employment [ Bailii ] Â Direct Care Services (A Firm) v Jakob [2003] EAT 6_03_1001 10 Jan 2003 EAT Employment [ Bailii ] Â Foster v Royal Mail and Another (Race Discrimination) [2003] NIIT 1 10 Jan 2003 NIIT Northern Ireland, Employment [ Bailii ] Â F O'Grady, S Walters v Mtl Commercials Ltd EAT/336/02 10 Jan 2003 EAT Her Honour Judge A Wakefield Employment EAT Unfair Dismissal - Compensation. 1 Citers [ EATn ] Â Shaw v Adecco UK Ltd [2003] NIIT 1700_00 10 Jan 2003 NIIT Northern Ireland, Employment [ Bailii ] Â Holman v Dyfed Probation Services [2003] EAT 7_03_1001 10 Jan 2003 EAT Employment [ Bailii ] Â H M Prison Service v A R Dolby EAT/368/02 13 Jan 2003 EAT Mr Recorder Bowers Qc Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â Zaman v Qinetiq EAT/440/02; [2003] EAT 440_02_1301; [2003] UKEAT 440_02_1301 13 Jan 2003 EAT His Hon Judge Mcmullen QC Employment, Discrimination EAT Race Discrimination - Direct. 1 Cites 1 Citers [ Bailii ] - [ Bailii ] - [ EATn ] Â Mulrine v St Patrick's Training School [2003] NIIT 3254_96 13 Jan 2003 NIIT Northern Ireland, Employment [ Bailii ] Â Deman v University of Bradford and Another [2003] EAT 0597_02_1401; [2003] UKEAT 0597_02_1401 14 Jan 2003 EAT Luba QC HHJ Employment 1 Cites [ Bailii ] - [ Bailii ] Â P Scott v Bellard Electronics Ltd EAT/1379/01 14 Jan 2003 EAT The Honourable Mr Justice Burton (P) Employment EAT Procedural Issues - Employment Tribunal Â Walton v Image Creative Ltd Rowan Bayliss [2003] UKEAT 1471_00_1401 14 Jan 2003 EAT Employment [ Bailii ] Â Voluntary Hostels Group v Horn [2003] UKEAT 603_01_1401 14 Jan 2003 EAT Employment [ Bailii ] Â Devani v Nottingham City Council and others [2003] UKEAT 827_01_1401 14 Jan 2003 EAT Employment [ Bailii ] Â Deman v Leeds Metropolitan University and others [2003] EAT 0768_02_1401; [2003] UKEAT 0768_02_1401 14 Jan 2003 EAT Luba QC HHJ Employment [ Bailii ] - [ Bailii ] Â Hughes v Archers Court School [2003] UKEAT 1444_01_1401 14 Jan 2003 EAT Employment [ Bailii ] Â Secretary of State for the Home Office and Another v Ord [2003] UKEAT 0652_01_1401 14 Jan 2003 EAT Employment [ Bailii ] Â Scott v Bellard Electronics Ltd [2003] UKEAT 1379_01_1401 14 Jan 2003 EAT Employment [ Bailii ] Â H D Hill and Sons Ltd v Duffy and Another [2003] UKEAT 1238_02_1401 14 Jan 2003 EAT Employment [ Bailii ] Â E Murray v Newham Citizens Advice Bureau Ltd EAT/554/01 14 Jan 2003 EAT His Honour Judge D Serota Qc Employment EAT Procedural Issues - Employment Appeal Tribunal. 1 Cites 1 Citers [ EATn ] Â McCann v Legal Services Commission [2003] EAT 704_02_1401; [2003] UKEAT 704_02_1401 14 Jan 2003 EAT Employment [ Bailii ] - [ Bailii ] Â Qua v John Ford Morrison (Solicitors) Times, 06 February 2003; [2003] UKEAT 884_01_1401; [2003] IRLR 184 14 Jan 2003 EAT Mrs Recorder Cox QC, Edmondson and Palmer Employment, Discrimination The claimant appealed the refusal of her claim for a finding that her dismissal was automatically unfair. She had been employed for less than a year, and had taken several absences to care for her child. She claimed protection saying that her absences had been 'dependants leave'. Held: When considering such a claim, the tribunal should look at an ordered series of precise questions, namely how many absences and when, was an appropriate reason given, saying how long might be needed, and other factors. A failure to meet the section requirements would defeat any claim that a consequent dismissal was automatically unfair. In general, the right was for all employees and to take reasonable time off, but it was for time to make arrangements for care, not to provide the care themselves (at least in the first year of employment), and temporary assistance should be made available to an employee. Time could be taken to make longer term arrangements. The time was what was reasonably necessary in that employee's individual circumstances. In this case however the triubunal had failed to distinguish between the various absences and teir purpose, and had therefore erred. The case was remitted for re-hearing. Employment Rights Act 1996 57A - Maternity and Parental Leave Regulations 1999 (1999 No 3312) - Parental Leave Directive 96/34/EC 1 Cites 1 Citers [ Bailii ] Â H D Hill and Sons Ltd v Duffy and Another [2003] EAT 1238_02_1401 14 Jan 2003 EAT Employment [ Bailii ] Â P Scott v Bellard Electronics Ltd EAT/1379/01 14 Jan 2003 EAT The Honourable Mr Justice Burton (P) Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â Marley v Securicor Cash Services Ltd [2003] EAT 1234_02_1501; [2003] UKEAT 1234_02_1501 15 Jan 2003 EAT Burton J P Employment Preliminary hearing - appeal against rejection of unfair dismissal claim 1 Cites 1 Citers [ Bailii ] - [ Bailii ] Â Khan v Trident Safeguards Ltd [2003] EAT 810_02_1501; [2003] UKEAT 810_02_1501 15 Jan 2003 EAT Employment 1 Cites 1 Citers [ Bailii ] - [ Bailii ] Â McBride v Calcast Ltd [2003] NIIT 3693_01 15 Jan 2003 NIIT Northern Ireland, Employment 1 Cites 1 Citers [ Bailii ] Â Liken v Howard (T/A Chips) [2003] NIIT 672_02 15 Jan 2003 NIIT Northern Ireland, Employment [ Bailii ] Â Stanley Leisure Plc v Boyd [2003] UKEAT 0083_02_1501 15 Jan 2003 EAT Employment [ Bailii ] Â Liken v Howard (T/A Chips) (Constructive Dismissal) [2003] NIIT 9 15 Jan 2003 NIIT Northern Ireland, Employment [ Bailii ] Â Mcbride v Calcast Ltd (Unlawful Deduction of Wages) [2003] NIIT 10 15 Jan 2003 NIIT Northern Ireland, Employment 1 Cites [ Bailii ] Â Freghtliner Ltd v J M Derby EAT/588/02 & EAT/668/02 15 Jan 2003 EAT His Hon Judge Mcmullen Qc Employment EAT Unfair Dismissal - Jurisdiction. [ EATn ] Â Freightliner Ltd v Derby [2003] EAT 0588_02_1501; [2003] UKEAT 0588_02_1501 15 Jan 2003 EAT Employment [ Bailii ] - [ Bailii ] Â Freghtliner Ltd v J M Derby EAT/588/02 15 Jan 2003 EAT His Hon Judge Mcmullen QC Employment EAT Unfair Dismissal - Other Â Apelogun-Gabriels v London Borough of Lambeth and Another [2003] EAT 1108_02_1501; [2003] UKEAT 1108_02_1501 15 Jan 2003 EAT Employment 1 Citers [ Bailii ] - [ Bailii ] Â Stanley Leisure Plc v N Boyd EAT/83/02 15 Jan 2003 EAT His Hon Judge Prophet Employment EAT Unfair Dismissal - Reason for Dismissal Â Stanley Leisure Plc v Boyd [2003] EAT 0083_02_1501 15 Jan 2003 EAT Employment [ Bailii ] Â Metanie v Pertemps Recruitment Partnership Ltd T/A Pertemp Industrial Contracts EAT/1389/00; [2003] UKEAT 1389_00_1501 15 Jan 2003 EAT The Honourable Mr Justice Burton (P) Employment EAT Unlawful Deduction from Wages 1 Cites [ Bailii ] - [ EAT ] Â Stanley Leisure Plc v N Boyd EAT/83/02 15 Jan 2003 EAT His Hon Judge Prophet Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â Readhead v Hanover Housing Association [2003] UKEAT 0487_02_1601 16 Jan 2003 EAT Employment [ Bailii ] Â Pj and D Stuart T/A Stuart Plant Hire v John Edmondson David Clark EAT/1445/01 16 Jan 2003 EAT The Honourable Mr Justice Rimer Employment EAT Working Time Regulations - Â Gonzalvez v Diment and Another (T/A Meson Don Felipe) [2003] EAT 870_02_1601 16 Jan 2003 EAT Employment [ Bailii ] Â Denteh v Commissioner of Police for the Metropolis and others [2003] UKEAT 1033_00_1601 16 Jan 2003 EAT Employment [ Bailii ] Â Readhead v Hanover Housing Association [2003] EAT 0487_02_1601 16 Jan 2003 EAT Employment [ Bailii ] Â King v Mclaughlin (T/A Northside Opticians) [2003] NIIT 1165_02 16 Jan 2003 NIIT Northern Ireland, Employment [ Bailii ] Â Uzoechina v Immigration Advisory Service [2003] EAT 992_02_1601 16 Jan 2003 EAT Employment [ Bailii ] Â Balfour Kilpatrick Ltd v S Acheson and others EAT/1412/01 16 Jan 2003 EAT The Honourable Mr Justice Elias Employment EAT Unfair Dismissal - Reason for dismissal Â Dogstar Leisure Ltd v Perez [2003] UKEAT 1038_01_1601 16 Jan 2003 EAT Employment [ Bailii ] Â the British Millerain Co Ltd v P Embley EAT/545/02 16 Jan 2003 EAT His Hon Judge Prophet Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â Pj and D Stuart T/A Stuart Plant Hire v John Edmondson, David Clark EAT/1445/01 16 Jan 2003 EAT The Honourable Mr Justice Rimer Employment EAT Working Time Regulations - (no sub-topic). [ EATn ] Â Balfour Kilpatrick Ltd v S Acheson and others EAT/1412/01 16 Jan 2003 EAT The Honourable Mr Justice Elias Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â British Millerain Co Ltd v Embley [2003] EAT 545_02_1601 16 Jan 2003 EAT Employment [ Bailii ] Â British Millerain Co Ltd v Embley [2003] UKEAT 545_02_1601 16 Jan 2003 EAT Employment [ Bailii ] Â Gonzalvez v Diment and Another (T/A Meson Don Felipe) [2003] UKEAT 870_02_1601 16 Jan 2003 EAT Employment [ Bailii ] Â King v Mclaughlin (T/A Northside Opticians) (Unfair Dismissal) [2003] NIIT 11 16 Jan 2003 NIIT Northern Ireland, Employment [ Bailii ] Â The British Millerain Co Ltd v P Embley EAT/545/02 16 Jan 2003 EAT His Hon Judge Prophet Employment EAT Procedural Issues - Employment Tribunal Â Uzoechina v Immigration Advisory Service [2003] UKEAT 992_02_1601 16 Jan 2003 EAT Employment [ Bailii ] Â Stuart (T/A Stuart Plant Hire) v Edmondson and Another [2003] UKEAT 1445_01_1601 16 Jan 2003 EAT Employment [ Bailii ] Â BLP UK Ltd v Marsh [2003] EWCA Civ 132 16 Jan 2003 CA Employment 1 Cites 1 Citers [ Bailii ] Â Irish v Southwark Action for Voluntary Associations [2003] UKEAT 1287_01_1701 17 Jan 2003 EAT Employment [ Bailii ] Â Hossain v Sonali Trade and Finance UK Ltd [2003] EAT 176_02_1701 17 Jan 2003 EAT Employment [ Bailii ] Â Herman Irish v Southwark Action for Voluntary Associations EAT/1287/01 17 Jan 2003 EAT His Hon Judge Prophet Employment EAT Unfair Dismissal - Constructive Dismissal Â Sanderson v Qinetiq Ltd [2003] EAT 1025_02_1701 17 Jan 2003 EAT Employment [ Bailii ] Â Dogstar Leisure Ltd v F J Perez EAT/1038/01 17 Jan 2003 EAT His Hon Judge Mcmullen QC Employment EAT Contract of Employment - Breach of Contract Â Harris v University of Greenwich [2003] EAT 0865_02_1701 17 Jan 2003 EAT Employment [ Bailii ] Â Ayovuare v Walter Llewellyn and Sons Ltd [2003] UKEAT 0948_02_1701 17 Jan 2003 EAT Employment [ Bailii ] Â Smyth v White and Another (Time Limit) [2003] NIIT 13 17 Jan 2003 NIIT Northern Ireland, Employment [ Bailii ] Â Ayovuare v Walter Llewellyn and Sons Ltd [2003] EAT 0948_02_1701 17 Jan 2003 EAT Employment [ Bailii ] Â Harris v University of Greenwich [2003] UKEAT 0865_02_1701 17 Jan 2003 EAT Employment [ Bailii ] Â Hossain v Sonali Trade and Finance UK Ltd [2003] UKEAT 176_02_1701 17 Jan 2003 EAT Employment [ Bailii ] Â Smyth v White and Another [2003] NIIT 482_02 17 Jan 2003 NIIT Northern Ireland, Employment [ Bailii ] Â Dogstar Leisure Ltd v F J Perez EAT/1038/01 17 Jan 2003 EAT His Hon Judge Mcmullen Qc Employment EAT Contract of Employment - Breach of Contract. [ EATn ] Â Herman Irish v Southwark Action for Voluntary Associations EAT/1287/01 17 Jan 2003 EAT His Hon Judge Prophet Employment EAT Unfair Dismissal - Constructive dismissal. [ EATn ] Â Mccall v Bombardier Aerospace [2003] NIIT 1500_02 17 Jan 2003 NIIT Northern Ireland, Employment [ Bailii ] Â Addison and Another (t/a Brayton News) v Ashby Times, 24 January 2003; [2003] UKEAT 0851_01_1701 17 Jan 2003 EAT Burke QC, Dawson and MacArthur Employment, Children, European The applicant was a 15 year old paper boy. He sought holiday pay under the regulations. The employer resisted, saying he was not a worker under the regulation, being still in compulsory full time education. Held: No formal system of holidays operated. Children were not explicitly excluded from the Working Time Directive, but were rather dealt with under the Young Persons' Directive. The Working Time Regulations defined two kinds of workers by age, implicitly excluding children in compulsory full time education. The arrangements for such were rather provided by regulations derived from the Young Person's Directive, and which did not include a right to holiday pay. Working Times Regulations 1998 (1998 No 1833) 2 - Working Time Directive (93/104/EEC) - Young Persons Directive (94/33/EC)5 11 - Children and Young Persons Act 1933 18 30(1) - Children (Protection at Work) Regulations 1998 (1998 No 276) 1 Cites 1 Citers [ Bailii ] Â Sanderson v Qinetiq Ltd [2003] UKEAT 1025_02_1701 17 Jan 2003 EAT Employment [ Bailii ] Â Mccall v Bombardier Aerospace (Disability Discrimination) [2003] NIIT 12 17 Jan 2003 NIIT Northern Ireland, Employment [ Bailii ] Â Adebowale v Peninsula Business Services Ltd [2003] EAT 1135_02_2001 20 Jan 2003 EAT Burton J P Employment Burton J P said that the CA had "expressly encouraged Courts considering whether an appeal should proceed on grounds of alleged failure to make findings, or alleged absence of reasons, to consider referring the case back to the lower Court for clarification". 1 Cites 1 Citers [ Bailii ] Â Argue v Keenan (T/A Rocktown Quarry) [2003] NIIT 1248_02 20 Jan 2003 NIIT Northern Ireland, Employment [ Bailii ] Â Q C Supplies v S W Turner G A Chrispine EAT/1220/01; [2003] UKEAT 1220_01_2001 20 Jan 2003 EAT His Hon Judge Mcmullen QC Employment EAT Procedural Issues - Employment Tribunal 1 Cites [ Bailii ] Â Q C Supplies v S W Turner, G A Chrispine EAT/1220/01 20 Jan 2003 EAT His Hon Judge Mcmullen Qc Employment EAT Unfair Dismissal - Other [ EATn ] Â Callaghan and Another v Aslef [2003] UKEAT 564_01_2001 20 Jan 2003 EAT Employment [ Bailii ] Â Taylor v Mckee [2003] NIIT 521_02 21 Jan 2003 NIIT Northern Ireland, Employment [ Bailii ] Â McFetridge v Grampian Country Foods Ltd [2003] NIIT 452_98 21 Jan 2003 NIIT Northern Ireland, Employment [ Bailii ] Â Bell v Belfast Hilton (Jurisdiction- Lack of Qualifying Period) [2003] NIIT 5 21 Jan 2003 NIIT Northern Ireland, Employment [ Bailii ] Â Bell v Belfast Hilton [2003] NIIT 721_02 21 Jan 2003 NIIT Northern Ireland, Employment [ Bailii ] Â Taylor v Mckee (Application Strike Out) [2003] NIIT 4 21 Jan 2003 NIIT Northern Ireland, Employment [ Bailii ] Â Doris and Another v Floor Store Distribution Ltd (763/02 Redundancy) [2003] NIIT 6 21 Jan 2003 NIIT Northern Ireland, Employment [ Bailii ] Â Hepworth Heating Ltd v J Akers and others EAT/846/02; EAT/13/02; [2003] EAT 13_02_2101; [2003] UKEAT 13_02_2101 21 Jan 2003 EAT His Hon Judge Mcmullen QC Employment EAT Unfair Dismissal - Reason for dismissal EAT Unfair Dismissal - Reason for dismissal including substantial other reason. 1 Cites [ Bailii ] - [ Bailii ] - [ EATn ] Â Doris and Another v Floor Store Distribution Ltd [2003] NIIT 726_02 21 Jan 2003 NIIT Northern Ireland, Employment [ Bailii ] Â Rathbone Trading Ltd v Anne-Marie Knott EAT/311/02 22 Jan 2003 EAT The Honourable Mr Justice Rimer Employment EAT Contract of Employment - Definition of employee. [ EATn ] Â Rathbone Trading Ltd v Knott [2003] UKEAT 0311_02_2201 22 Jan 2003 EAT Employment [ Bailii ] Â Regina (on the Application of Redgrave) v The Commissioner of Police for the Metropolis [2003] EWCA Civ 4 22 Jan 2003 CA Mr Justice Scott Baker, Lord Justice Mummery, Lord Justice Simon Brown Police, Employment The police officer had been accused of an offence. The case was discharged under the section at committal. The Commissioner sought to commence disciplinary proceedings on the same evidence. Held: The tests of the two sets of hearings were different. The magistrates had been asked to see whether there was sufficient evidence to justify putting him on a criminal trial. The case had been dismissed by the magistrates, but that was not a finding of innocence under s104, and no double jeopardy arose. The double jeopardy rule has no application save to other courts of competent jurisdiction. The Police (Discipline) Regulations 1985 7 - Magistrates' Courts Act 1980 6 - Police and Criminal Evidence Act 1984 104 1 Cites [ Bailii ] Â Child v Pegasus Engineers Ltd T/A Acorn Carage and the Mot Centre EAT/57/02 22 Jan 2003 EAT The Honourable Mr Justice Burton (P) Employment EAT Unfair Dismissal - Other Â P Childs v Pegasus Engineers Ltd T/A Acorn Carage and the Mot Centre EAT/57/02 22 Jan 2003 EAT The Honourable Mr Justice Burton (P) Employment EAT Unfair Dismissal - (no sub-topic). [ EATn ] Â Rathbone Trading Ltd v Knott [2003] EAT 0311_02_2201 22 Jan 2003 EAT Employment [ Bailii ] Â Childs v Pegasus Engineers Ltd (T/A Acorn Garage and Mot Centre) [2003] UKEAT 57_02_2201 22 Jan 2003 EAT Employment [ Bailii ] Â Childs v Pegasus Engineers Ltd (T/A Acorn Garage and Mot Centre) [2003] EAT 57_02_2201 22 Jan 2003 EAT Employment [ Bailii ] Â Davis and others v The Savoy [2003] EAT 1038_02_2201; [2003] UKEAT 1038_02_2201 22 Jan 2003 EAT Employment [ Bailii ] - [ Bailii ] Â Rathbone Trading Ltd v Anne-Marie Knott EAT/311/02 22 Jan 2003 EAT The Honourable Mr Justice Rimer Employment EAT Contract of Employment - Definition of Employee Â P Byrne v Arvin Meritor LVS (UK) Ltd EAT/239/02; [2003] EAT 239_02_2201; [2003] UKEAT 239_02_2201 22 Jan 2003 EAT The Honourable Mr Justice Burton (P) Employment EAT The appellant had taken a temporary promotion with re-assurances that on completion he would return to his former position. That old role disappeared during the period. The temporary role finished early and other short term roles were offered. The nearest equivalent role was offered but iin a different city. He rejected it and was made redundant. He now appealed against rejection of his claim for unfair dismissal. He said that the Tribunal had failed to set out its reasoning properly. Held: The tribunal had failed, when discussing 'bumping' of employees on redundancy, to distinguish beween vacant and non-vacant positions. However no different result could follow. EAT Redundancy - Fairness. 1 Cites [ Bailii ] - [ Bailii ] - [ EATn ] Â M Kelsall v Lewisham Social Care and Health EAT/911/02 23 Jan 2003 EAT Mr Recorder Langstaff Qc Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â E Mace v Engineering Employers Federation EAT/680/02 23 Jan 2003 EAT His Hon Judge Mcmullen Qc Employment EAT Unfair Dismissal - Jurisdiction. [ EATn ] Â E Mace v Engineering Employers Federation EAT/680/02 23 Jan 2003 EAT His Hon Judge Mcmullen QC Employment EAT Unfair Dismissal - Jurisdiction Â Mace v Engineering Employers Federation [2003] EAT 0680_02_2301 23 Jan 2003 EAT Employment [ Bailii ] Â Beart v HM Prison Service [2003] EWCA Civ 119; [2003] ICR 1068; [2003] IRLR 238 23 Jan 2003 CA peter Gibson LJ, may LJ, Scott Baker LJ Employment, Discrimination Disability Discrimination Act 1995 1 Cites 1 Citers [ Bailii ] Â M Kelsall v Lewisham Social Care and Health EAT/911/02 23 Jan 2003 EAT Mr Recorder Langstaff QC Employment EAT Procedural Issues - Employment Tribunal Â Mace v Engineering Employers Federation [2003] UKEAT 0680_02_2301 23 Jan 2003 EAT Employment [ Bailii ] Â Afolabi v Southwark London Borough Council Times, 30 January 2003; Gazette, 20 March 2003; [2003] EWCA Civ 15; [2003] IRLR 220; [2003] ICR 800 24 Jan 2003 CA Peter Gibson, Sedley and Rix LJJ Discrimination, Employment The claimant applied for leave to bring an action for race discrimination nine years after the acts complained of. Leave was granted. The respondent said the tribunal should have heard the complaint first before deciding to extend time. Held: The discretion given was to act as the tribunal thought just and equitable. There was no checklist to be gone through. Each party would be equally disadvantaged by the delay, and the tribunal's decision was not wrong in law. Peter Gibson LJ, with whom Sedley and Rix LJJ agreed on this issue, said: "Nor do I accept that the ET erred in not going through the matters listed in s. 33(3) of the 1980 Act. Parliament limited the requirement to consider those matters to actions relating to personal injuries and death. Whilst I do not doubt the utility of considering such a checklist (or that in CPR 3.9(1)) in many cases, I do not think it can be elevated into a requirement on the ET to go through such a list in every case, provided of course that no significant factor has been left out of account by the ET in exercising its discretion." Race Relations Act 1976 68(1)(a) - Limitation Act 1980 33 1 Cites 1 Citers [ Bailii ] Â Underwood and Croxson v Johnston [2003] EAT 0026_02_2401 24 Jan 2003 EAT Employment [ Bailii ] Â Keyhaven International Ltd v Ewart [2003] UKEAT 1194_01_2401 24 Jan 2003 EAT Employment [ Bailii ] Â People (Liverpool ) S S Maddock v Maddock People (Liverpool) Limited EAT/1161/01; EAT/1084/01 24 Jan 2003 EAT Mr Recorder Cox Luba QC Employment EAT Jurisdiction - Â People (Liverpool ), Ms S S Maddock v Maddock, People (Liverpool) Limited EAT/1084/01 & EAT/1161/01 24 Jan 2003 EAT Mr Recorder Cox Luba Qc Employment EAT Jurisdiction - (no sub-topic). [ EATn ] Â Keyhaven International Ltd v D R Ewart EAT/1194/01 24 Jan 2003 EAT His Hon Judge Mcmullen QC Employment EAT Redundancy - Definition Â Keyhaven International Ltd v D R Ewart EAT/1194/01 24 Jan 2003 EAT His Hon Judge Mcmullen Qc Employment EAT Redundancy - Definition - [ EATn ] Â Underwood and Croxson v Johnston [2003] UKEAT 0026_02_2401 24 Jan 2003 EAT Employment [ Bailii ] Â Wilson v Ross Civil Engineering and Another (No Dismissal) [2003] NIIT 14 24 Jan 2003 NIIT Northern Ireland, Employment [ Bailii ] Â Wilson v Ross Civil Engineering and Another (No Dismissal) [2003] NIIT 7 24 Jan 2003 NIIT Northern Ireland, Employment [ Bailii ] Â Lawrence v Clinton Cards Plc [2003] UKEAT 84_02_2701 27 Jan 2003 EAT Employment 1 Citers [ Bailii ] Â Edwards v Marconi Corporation Plc [2003] EAT 1115_02_2701 27 Jan 2003 EAT Employment [ Bailii ] Â Caesar and Another v Cosgrove [2003] UKEAT 0022_02_2701 27 Jan 2003 EAT Employment [ Bailii ] Â Edwards v Marconi Corporation Plc [2003] UKEAT 1115_02_2701 27 Jan 2003 EAT Employment [ Bailii ] Â Lawrence v Clinton Cards Plc [2003] EAT 84_02_2701 27 Jan 2003 EAT Employment 1 Cites [ Bailii ] Â Messrs Caesar and Howie v Veronica Cosgrove EATS/0022/02 27 Jan 2003 EAT The Honourable Lord Johnston Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â White v Taylors Civil Engineering Ltd (Redundancy) [2003] NIIT 8 27 Jan 2003 NIIT Northern Ireland, Employment [ Bailii ] Â White v Taylors Civil Engineering Ltd (Redundancy) [2003] NIIT 15 27 Jan 2003 NIIT Northern Ireland, Employment [ Bailii ] Â Messrs Caesar and Howie v Veronica Cosgrove EATS/0022/02 27 Jan 2003 EAT The Honourable Lord Johnston Employment EAT Procedural Issues - Employment Tribunal Â Westminster Victim Support Scheme v Ms S Keyani EAT/329/02 EAT/634/02 & EAT/63 27 Jan 2003 EAT The Honourable Mr Justice Rimer Employment EAT Procedural Issues - Employment Appeal Tribunal. [ EATn ] Â Kvaerner Oil and Gas Ltd v Parker and others [2003] UKEAT 0444_02_2801 28 Jan 2003 EAT Employment [ Bailii ] Â Kvaerner Oil and Gas Ltd v Parker and others [2003] EAT 0444_02_2801 28 Jan 2003 EAT Employment [ Bailii ] Â S Murali v Dr H Seeley N Harrison Secretary of State for Health EAT/679/02 28 Jan 2003 EAT His Hon Judge Ansell Employment EAT Unfair Dismissal - Reason for dismissal Â Kvaerner Oil and Gas Ltd v M G Parker, P Ford, S M Griffiths, A Mayo EAT/444/02 28 Jan 2003 EAT The Honourable Mr Justice Rimer Employment EAT Redundancy - Fairness [ EATn ] Â Kvaerner Oil and Gas Ltd v M G Parker P Ford S M Griffiths, A Mayo EAT/444/02 28 Jan 2003 EAT The Honourable Mr Justice Rimer Employment EAT Redundancy - Fairness Â S Murali v Dr H Seeley, N Harrison, Secretary of State for Health EAT/679/02 28 Jan 2003 EAT His Hon Judge Ansell Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EAT ] Â Dunn v Ovalcode Ltd T/A UKR EATS/0033/02; [2003] UKEAT 0033_02_2901 29 Jan 2003 EAT The Honourable Lord Johnston Employment, Scotland EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ Bailii ] - [ EAT ] Â X v Sir John Steven Commissioner Metropolitan Police Service EAT/960/01 29 Jan 2003 EAT The Honourable Mr Justice Burton (P) Employment EAT Procedural Issues - Employment Appeal Tribunal. [ EATn ] Â Securicor Custodial Services Ltd v Willia and Another [2003] EAT 0042_02_2901 29 Jan 2003 EAT Employment [ Bailii ] Â Johnston v Abbeyview Nursing Home [2003] NIIT 2008_02 29 Jan 2003 NIIT Northern Ireland, Employment [ Bailii ] Â Conway v Com People Ltd [2003] UKEAT 388_01_2901 29 Jan 2003 EAT Employment [ Bailii ] Â Securicor Custodial Services Ltd v Willia and Another [2003] UKEAT 0042_02_2901 29 Jan 2003 EAT Employment [ Bailii ] Â Hugh Conway v Commms People Limited EAT/388/01 29 Jan 2003 EAT His Hon Judge Mcmullen Qc Employment EAT Procedural Issues - Employment Appeal Tribunal. [ EATn ] Â Johnston v Abbeyview Nursing Home (Notice Pay) [2003] NIIT 16 29 Jan 2003 NIIT Northern Ireland, Employment [ Bailii ] Â Hugh Conway v Comm People Limited EAT/388/01 29 Jan 2003 EAT His Hon Judge Mcmullen QC Employment EAT Procedural Issues - Employment Appeal Tribunal Â X v Commissioner Metropolitan Police Service [2003] UKEAT 960_01_2901; [2003] ICR 1031; [2003] IRLR 415 29 Jan 2003 EAT Burton P J Employment The claimant appealed against refusal of a Restricted Reporting Order, refused by the ET saying that it had had no jurisdiction to make one. Employment Tribunals (Constitution and Rules of Procedure) Regulations 2001 [ Bailii ] Â Catherine Grace v Youth Development and Adventure Project the North Ayrshire Partnership EATS/0034/02 30 Jan 2003 EAT The Honourable Lord Johnston Employment EAT Transfer of Undertakings - Transfer Â Busteed v Short Brothers Plc (Jurisdiction) [2003] NIIT 17 30 Jan 2003 NIIT Northern Ireland, Employment [ Bailii ] Â UK Coal Mining Ltd v Raby [2003] EAT 1124_02_3001; [2003] UKEAT 1124_02_3001; EAT/1124/02 30 Jan 2003 EAT His Hon Judge Mcmullen QC Employment EAT Two employees had fought at work. One had an expired formal written warning on his record. It had been reduced on appeal from a final warning. His disciplinary offence was of a different nature than the later misconduct. He was dismissed The procedure, modelled on the ACAS Code of Practice, provided that the formal written warning would be disregarded after one year. The other employee, with no disciplinary record, was not dismissed. The ET's majority decision was that the dismissal was unfair. The two lay members held that there were no rational reasons for distinguishing the two cases. The employer should have disregarded the previous record of one of them. Both should have been given credit for an unblemished record. The Chairman of the ET disagreed, holding that the employer was entitled to have regard to the personal file on an indefinite basis. He drew a distinction between the use of the previous record as background and its purpose in "totting up" and said that it would be standing logic on its head to say that the employee who was dismissed was a man of previous good character when there had been a past disciplinary offence, albeit of a different character. Held: The appeal failed. The ET Chairman was incorrect in the light of the language of the Code and the disciplinary rules: "'Disregard' must mean what it says and the scope of the formal warning is finite, being on the record for 12 months. In these circumstances the majority view that a reasonable employer should treat the two men equally is one which is entirely rational." Employment Rights Ac 1996 98(4) 1 Citers [ Bailii ] - [ Bailii ] - [ EATn ] Â Industrial Services Group Limited v S Mattinson and Others, Interserve Industrial Services Ltd EAT/1238/01 30 Jan 2003 EAT The Honourable Mr Justice Rimer Employment EAT Transfer of Undertakings - Transfer. [ EATn ] Â Ms Catherine Grace v Youth Development and Adventure Project, the North Ayrshire Partnership EATS/0034/02 30 Jan 2003 EAT The Honourable Lord Johnston Employment EAT Transfer of Undertakings - Transfer. [ EATn ] Â Susan Fraser v Scottish Ambulance Service EATS/0032/02 30 Jan 2003 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Reason for Dismissal Â Industrial Services Group Limited v S Mattinson and others Interserve Industrial Services Ltd EAT/1238/01 30 Jan 2003 EAT The Honourable Mr Justice Rimer Employment EAT Transfer of Undertakings - Transfer Â Jiad v Byford and others [2003] EWCA Civ 135 30 Jan 2003 CA Employment 1 Cites [ Bailii ] Â Grace v Youth Development and Adventure Project and Another [2003] UKEAT 0034_02_3001 30 Jan 2003 EAT Employment [ Bailii ] Â Fraser v Scottish Ambulance Service [2003] UKEAT 0032_02_3001 30 Jan 2003 EAT Employment [ Bailii ] Â Industrial Services Group Ltd v Mattinson and others [2003] UKEAT 1238_01_3001 30 Jan 2003 EAT Employment [ Bailii ] Â Susan Fraser v Scottish Ambulance Service EATS/0032/02 30 Jan 2003 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â Cedar Enterprises Solutions Ltd v M Q Joseph EAT/03/03 31 Jan 2003 EAT His Hon Judge Mcmullen Qc Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â Loomes v Taxibank Taxis UK Plc [2003] UKEAT 1167_02_3101 31 Jan 2003 EAT Employment [ Bailii ] Â Hm Prison Service v Dolby [2003] UKEAT 0368_02_3101 31 Jan 2003 EAT Employment [ Bailii ] Â Hill v North Staffordshire Combined Healthcare NHS Trust [2003] UKEAT 1002_01_3101 31 Jan 2003 EAT Employment [ Bailii ] Â Cedar Enterprises Solutions Ltd v Joseph [2003] UKEAT 3_03_3101 31 Jan 2003 EAT Employment [ Bailii ] Â Cedar Enterprises Solutions Ltd v Joseph [2003] EAT 3_03_3101 31 Jan 2003 EAT Employment [ Bailii ] Â Hm Prison Service v Dolby [2003] EAT 0368_02_3101 31 Jan 2003 EAT Employment [ Bailii ] Â Lupton v Taxibank Taxis UK Plc [2003] EAT 1167_02_3101 31 Jan 2003 EAT Employment [ Bailii ] Â A Amin v Eghoyans Pitta Bakery Ltd EAT/285/02 3 Feb 2003 EAT The Honourable Mr Justice Rimer Employment EAT Unfair Dismissal - Reason for Dismissal Â A Amin v Eghoyans Pitta Bakery Ltd EAT/285/02 3 Feb 2003 EAT The Honourable Mr Justice Rimer Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason [ EATn ] Â Ayobiojo v London Borough of Camden [2003] EAT 510_02_0302; [2003] UKEAT 510_02_0302 3 Feb 2003 EAT Employment, Discrimination [ Bailii ] - [ Bailii ] Â Amin v Eghoyan's Pitta Bakery Ltd [2003] UKEAT 285_02_0302 3 Feb 2003 EAT Employment [ Bailii ] Â Amin v Eghoyan's Pitta Bakery Ltd [2003] EAT 285_02_0302 3 Feb 2003 EAT Employment [ Bailii ] Â Benson and others v Secretary of State for Trade and Industry [2003] EAT 633_02_0402 4 Feb 2003 EAT Employment [ Bailii ] Â Benson and others v Secretary of State for Trade and Industry [2003] UKEAT 633_02_0402 4 Feb 2003 EAT Employment [ Bailii ] Â Y Benson and others v Secretary of State for Trade and Industry EAT/633/02 4 Feb 2003 EAT The Honourable Mr Justice Burton (P) Employment EAT Redundancy - Collective consultation and information. [ EATn ] Â Y Benson and others v Secretary of State for Trade and Industry EAT/633/02 4 Feb 2003 EAT The Honourable Mr Justice Burton (P) Employment EAT Redundancy - Collective consultation and information Â Tthe Highland Council Against an Order and Judgment of the Employment Appeal Tribunal In the Application at the Instance of Robert Pender 5 Feb 2003 SCS Lord Caplan and Lord Kirkwood and Lord Marnoch Employment, Scotland [ ScotC ] Â Aylward and others v Glamorgan Holiday Home Ltd (T/A Glamorgan Holiday Hotel) [2003] UKEAT 0167_02_0502 5 Feb 2003 EAT Employment [ Bailii ] Â F A Aylward and 7 others v Glamorgan Holiday Home Ltd T/A Glamorgan Holiday Hotel EAT/167/02 5 Feb 2003 EAT His Hon Judge Ansell Employment EAT Redundancy - Definition [ EATn ] Â F A Aylward and 7 others v Glamorgan Holiday Home Ltd T/A Glamorgan Holiday Hotel EAT/167/02 5 Feb 2003 EAT His Hon Judge Ansell Employment EAT Redundancy - Definition Â Aylward and others v Glamorgan Holiday Home Ltd (T/A Glamorgan Holiday Hotel) [2003] EAT 0167_02_0502 5 Feb 2003 EAT Ansell HHJ Employment Appeal from a decision of an Employment Tribunal which had unanimously dismissed the Applicants' claims for redundancy payments and for unfair dismissal. [ Bailii ] Â Â Prince's Trust and others v Beckford; EAT 6-Feb-2003 - [2003] UKEAT 303_01_0602; EAT/303/01 Â England v Turnford School [2003] UKEAT 438_02_0602 6 Feb 2003 EAT Employment [ Bailii ] Â Philips Components Ltd v Scott and Another [2003] UKEAT 0609_01_0602 6 Feb 2003 EAT Employment 1 Citers [ Bailii ] Â England v Turnford School [2003] EAT 438_02_0602 6 Feb 2003 EAT Employment [ Bailii ] Â F England v The Governing Body of Turnford School EAT/438/02 6 Feb 2003 EAT His Hon Judge Ansell Employment EAT Working Time Regulations - (no sub-topic) [ EAT ] Â Hackney v Ada [2003] UKEAT 1318_01_0602 6 Feb 2003 EAT Employment [ Bailii ] Â Hasan v British Broadcasting Corporation and others [2003] UKEAT 172_02_0602 6 Feb 2003 EAT Employment [ Bailii ] Â Â L Hasan v The British Broadcasting Corporation, Mclellan, Anwar, Muawad; EAT 6-Feb-2003 - EAT/172/02 Â I R Lewis v Corus Group Ltd EAT/26/03 7 Feb 2003 EAT His Hon Judge Mcmullen Qc Employment EAT Practice and Procedure - Application/Claim. [ EATn ] Â Lewis v Corus Group Ltd [2003] EAT 0026_03_0702 7 Feb 2003 EAT Employment [ Bailii ] Â Wall v British Compressed Air Society [2003] EAT 169_02_0702 7 Feb 2003 EAT Rimer J Employment "To the question ‘was there a normal retiring age for an employee holding the position held by Mr Wall immediately before his dismissal?’ the answer, in our view, is ‘yes, the only employee holding that position was Mr Wall himself, and it was 70’." Of Nagesan: "We accept that the Court of Appeal’s decision proceeded on the basis that Mrs Nagesan was in a unique position, in respect of which no comparators were available, for the purpose of identifying a normal retiring age. But she did not have a contract which provided for a specific retiring age, and so the court did not have to decide, nor did it decide, the point arising in the present case: namely, is the ‘normal retiring age’ of an employee who has a unique position capable of being the retiring age provided for in his contract of employment." 1 Cites 1 Citers [ Bailii ] Â Wall v British Compressed Air Society [2003] UKEAT 169_02_0702 7 Feb 2003 EAT Employment [ Bailii ] Â D Wall v British Compressed Air Society EAT/169/02 7 Feb 2003 EAT The Honourable Mr Justice Rimer Employment EAT Unfair Dismissal - Other [ EATn ] Â Lewis v Corus Group Ltd [2003] UKEAT 0026_03_0702 7 Feb 2003 EAT Employment [ Bailii ] Â I R Lewis v Corus Group Ltd EAT/26/03 7 Feb 2003 EAT His Hon Judge Mcmullen QC Employment EAT Practice and Procedure - Application Â Donnington Associates Ltd v Burge [2003] EAT 1132_02_1002 10 Feb 2003 EAT Employment [ Bailii ] Â Willia v Gray Security Services and Another [2003] UKEAT 1082_01_1002 10 Feb 2003 EAT Employment [ Bailii ] Â Donnington Associates Ltd v Burge [2003] UKEAT 1132_02_1002 10 Feb 2003 EAT Employment [ Bailii ] Â Sahota v Dudley Metropolitan Borough Council [2003] UKEAT 998_02_1102 11 Feb 2003 EAT Employment [ Bailii ] Â Macculloch and Wallis Ltd v O'Moore EAT/52/02; [2003] UKEAT 51_02_1102 11 Feb 2003 EAT The Honourable Mr Justice Burton (P) Employment EAT Unfair Dismissal - Reason for dismissal 1 Cites [ Bailii ] Â MacCulloch and Wallis Ltd v Moore EAT/51/02; [2003] EAT 51_02_1102 11 Feb 2003 EAT The Honourable Mr Justice Burton (P) Employment EAT Time Off - Public duties 1 Cites 1 Citers [ Bailii ] Â Halifax Plc v J Dorian EAT/126/02; [2003] EAT 0126_02_1102; [2003] UKEAT 0126_02_1102 11 Feb 2003 EAT Mr Recorder Plender QC Employment EAT Unfair Dismissal - Reason for dismissal [ Bailii ] - [ Bailii ] Â The Council of the City of Sunderland v Newsome EAT/36/02; [2003] EAT 36_02_2904; [2003] UKEAT 36_02_2904 11 Feb 2003 EAT The Honourable Mr Justice Rimer Discrimination, Employment EAT Disability Discrimination - Compensation 1 Cites [ Bailii ] - [ Bailii ] - [ EATn ] Â Macculloch and Wallis Ltd v O Moore EAT/52/02 11 Feb 2003 EAT The Honourable Mr Justice Burton (P) Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â Macculloch and Wallis Ltd v O Moore EAT/51/02 11 Feb 2003 EAT The Honourable Mr Justice Burton (P) Employment EAT Time Off - Public duties [ EATn ] Â Halifax Plc v J Dorian EAT/126/02 11 Feb 2003 EAT Mr Recorder Plender Qc Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â Sahota v Dudley Metropolitan Borough Council [2003] EAT 998_02_1102 11 Feb 2003 EAT Employment [ Bailii ] Â Neckles v National Westminster Bank [2003] UKEAT 1358_01_1202 12 Feb 2003 EAT Employment [ Bailii ] Â Jenkins v Legoland Windsor Park Ltd [2003] EAT 1155_02_1202 12 Feb 2003 EAT Employment [ Bailii ] Â B Neckles v National Westminster Bank EAT/1358/01 12 Feb 2003 EAT The Honourable Mr Justice Burton (P) Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â Jenkins v Legoland Windsor Park Ltd [2003] UKEAT 1155_02_1202 12 Feb 2003 EAT Employment, Discrimination The claimant who had a withered arm, took on employment with the respondent. He was given a long service award in the form of a model with a withered arm. This upset him, and he was off work for a long time with depression. He said the tribunal had failed to see the upsetting nature of the depiction which singled him out. The discrimination was not that he was shown with a withered arm, but that he was not carrying a clipboard. Held: The tribunal "did not ask themselves the question as to whether the failure to depict him with a work related item, thereby highlighting his disability amounted to an act of discrimination." and the matter was remitted to a fresh tribunal. However the allegation of constructive dismissal was not remitted. [ Bailii ] Â Coates v European School of Economics [2003] EAT 1147_02_1202; [2003] UKEAT 1147_02_1202 12 Feb 2003 EAT Employment [ Bailii ] - [ Bailii ] Â Mackenzie v Burnley Borough Council [2003] UKEAT 1322_02_1302 13 Feb 2003 EAT Employment [ Bailii ] Â Garg v Wolverhampton Health Authority and others [2003] UKEAT 1359_01_1302 13 Feb 2003 EAT Employment 1 Cites 1 Citers [ Bailii ] Â Apex Charitable Trust Ltd v S T Etheridge EAT/360/02 13 Feb 2003 EAT The Honourable Mr Justice Rimer Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â Lerica v British Telecommunications Plc and others [2003] UKEAT 1492_01_1302 13 Feb 2003 EAT Employment [ Bailii ] Â Apex Charitable Trust Ltd v Etheridge [2003] UKEAT 0360_02_1302 13 Feb 2003 EAT Employment [ Bailii ] Â Ali v Vodafone Ltd [2003] EAT 1360_02_1302; [2003] UKEAT 1360_02_1302 13 Feb 2003 EAT Employment [ Bailii ] - [ Bailii ] Â Apex Charitable Trust Ltd v Etheridge [2003] EAT 0360_02_1302 13 Feb 2003 EAT Employment [ Bailii ] Â Mackenzie v Burnley Borough Council [2003] EAT 1322_02_1302 13 Feb 2003 EAT Employment [ Bailii ] Â Armstrong and Another v Honourable Company of Master Mariners [2003] UKEAT 0700_01_1302 13 Feb 2003 EAT Employment [ Bailii ] Â Shojaee v National Association of Schoolmasers and Union of Women Teachers and others [2003] EAT 0838_02_1302; [2003] UKEAT 0838_02_1302 13 Feb 2003 EAT Employment 1 Cites 1 Citers [ Bailii ] - [ Bailii ] Â Apex Charitable Trust Ltd v S T Etheridge EAT/360/02 13 Feb 2003 EAT The Honourable Mr Justice Rimer Employment EAT Unfair Dismissal - Reason for dismissal Â Burton v Higham (T/A Ace Appointments) [2003] EAT 609_02_1402; [2003] UKEAT 609_02_1402 14 Feb 2003 EAT Employment [ Bailii ] - [ Bailii ] Â Moore v Lord Chancellor's Department and Another [2003] EAT 64_03_1402; [2003] UKEAT 64_03_1402 14 Feb 2003 EAT Employment [ Bailii ] - [ Bailii ] Â BKE-A Division of John Mowlam and Company Plc v McLoughlin [2003] UKEAT 894_01_1402 14 Feb 2003 EAT Employment [ Bailii ] Â Avocet Hardware Plc v A Morrison EAT/417/02 17 Feb 2003 EAT His Hon Judge Mcmullen QC Employment EAT Human Rights Â Panama v London Borough of Hackney [2003] EWCA Civ 273; [2003] IRLR 278; Gazette, 10 July 2003; [2003] IRLR 278 17 Feb 2003 CA Employment The claimant appealed dismissal of her claim of unfair dismissal. She had been dismissed without a disciplinary hearing. Held: The tribunal had asked only what might have been the outcome of a disciplinary hearing. Applying Burchell, it should also have asked whether such a dismissal itself would have been unfair. Since the respondent had failed to ask appropriate questions, a disciplinary procedure could not be imagined to be fair, and the dismissal was unfair. 1 Cites [ Bailii ] Â Avocet Hardware Plc v Morrison [2003] EAT 0417_02_1702 17 Feb 2003 EAT Employment [ Bailii ] Â Avocet Hardware Plc v A Morrison EAT/417/02 17 Feb 2003 EAT His Hon Judge Mcmullen Qc Employment EAT Human Rights - (no sub-topic). [ EATn ] Â Avocet Hardware Plc v Morrison [2003] UKEAT 0417_02_1702 17 Feb 2003 EAT Employment [ Bailii ] Â London Underground Ltd v Famakinwa and Another [2003] UKEAT 1488_01_1702 17 Feb 2003 EAT Employment [ Bailii ] Â Dudley Bower Building Services Ltd v Lowe and others [2003] UKEAT 856_01_1802 18 Feb 2003 EAT Employment [ Bailii ] Â L Storrie v Consignia Plc EAT/217/02 & EAT/218/02 18 Feb 2003 EAT His Hon Judge Mcmullen Qc Employment EAT Time Limits - (no sub-topic). [ EATn ] Â Storrie v Consignia Plc [2003] EAT 0217_02_1802; [2003] UKEAT 0217_02_1802 18 Feb 2003 EAT Employment [ Bailii ] - [ Bailii ] Â A v B and Another (Sex Discrimination) [2003] NIIT 18 18 Feb 2003 NIIT Northern Ireland, Employment [ Bailii ] Â D Heath v Commissioners of Police the Metropolis EAT/454/02 19 Feb 2003 EAT The Honourable Mr Justice Rimer Employment EAT Practice and Procedure - Estoppel or Abuse of Process. [ EATn ] Â A Dhedhi v United Linconlnshire Hospital NHS Trust (Formerly Pilgrim Health NHS Trust) EAT/1303/01; [2003] UKEAT 1303_01_2503 19 Feb 2003 EAT His Hon Judge Ansell Employment EAT Unfair Dismissal - Compensation EAT Unfair Dismissal - Compensation. [ Bailii ] - [ EATn ] Â Kerrigan v East Belfast Constitutional Club [2003] NIIT 1227_02 19 Feb 2003 NIIT Northern Ireland, Employment [ Bailii ] Â Kingwell and others v Elizabeth Bradley Designs Ltd [2003] EAT 0661_02_1902 19 Feb 2003 EAT Employment [ Bailii ] Â H Kingwell J Taylor B Harris, W King, J Richardson v Elizabeth Bradley Designs Ltd EAT/661/02 19 Feb 2003 EAT The Honourable Mr Justice Burton (P) Employment EAT Redundancy - Definition Â Kingwell and others v Elizabeth Bradley Designs Ltd [2003] UKEAT 0661_02_1902 19 Feb 2003 EAT Employment [ Bailii ] Â H Kingwell, J Taylor, B Harris, W Smith, J Richardson v Elizabeth Bradley Designs Ltd EAT/661/02 19 Feb 2003 EAT The Honourable Mr Justice Burton (P) Employment EAT Redundancy - Definition [ EATn ] Â Two Shires Ambulance NHS Trust v A N Brooks EAT/330/02 20 Feb 2003 EAT His Hon Judge Ansell Employment EAT Unfair Dismissal - Reason for dismissal Â Peninsula Business Services Limited v J Sweeney EAT/1096/02; [2003] EAT 1096_02_0104; [2003] UKEAT 1135_02_2001; [2003] UKEAT 1096_02_0104 20 Feb 2003 EAT The Honourable Mr Justice Rimer Employment A commission arrangement, which required the employee to be in the employment of the employer on the date when the commissions would normally have been paid, was not a contract term within section 3(2)(b) of the 1977 Act. EAT Unlawful Deduction from Wages - (no sub-topic). Unfair Contract Terms Act 1977 3(2)(b) 1 Citers [ Bailii ] - [ Bailii ] - [ Bailii ] - [ EATn ] Â London Borough of Newham v Skingle [2003] EWCA Civ 280; [2003] ICR 1008; [2003] 2 All ER 761; [2003] IRLR 359; [2003] Pens LR 79; [2003] OPLR 187 20 Feb 2003 CA Employment Local Government pensions 1 Cites [ Bailii ] Â A Murrain v London Borough of Hackney EAT/114/02 20 Feb 2003 EAT His Hon Judge Mcmullen Qc Employment EAT Unfair Dismissal - Other [ EATn ] Â Murrain v London Borough of Hackney [2003] UKEAT 0114_02_2002 20 Feb 2003 EAT Employment [ Bailii ] Â Perch, Dennie and Commissiong v The Attorney General of Trinidad and Tobago [2003] UKPC 17 20 Feb 2003 PC Lord Bingham of Cornhill, Lord Steyn, Lord Hutton, Lord Millett, Lord Walker of Gestingthorpe Commonwealth, Employment, Constitutional PC (Trinidad and Tobago) The postal system had been transferred to a company. Employees complained that they had been public servants and had lost privileges associated with that employment, and provisions of the Act transferring their contracts were unconstitutional. Held: Employees of the new corporation were not holders of any public office and were not employed in the service of the Government in a civil capacity within the meaning of section 3(1) of the Constitution. The law recognised retirement as an appropriate means of leaving public service, and that option had been offerred. Abolition was also allowed, and therefore the transfer was not unconstitutional. 1 Cites 1 Citers [ PC ] - [ Bailii ] - [ PC ] Â Two Shires Ambulance NHS Trust v A N Brooks EAT/330/02 20 Feb 2003 EAT His Hon Judge Ansell Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â A Murrain v London Borough of Hackney EAT/114/02 20 Feb 2003 EAT His Hon Judge Mcmullen QC Employment EAT Unfair Dismissal - Other Â Two Shires Ambulance NHS Trust v Brooks [2003] UKEAT 0330_02_2002 20 Feb 2003 EAT Employment [ Bailii ] Â Two Shires Ambulance NHS Trust v Brooks [2003] EAT 0330_02_2002 20 Feb 2003 EAT Employment [ Bailii ] Â Murrain v London Borough of Hackney [2003] EAT 0114_02_2002 20 Feb 2003 EAT Employment [ Bailii ] Â Wood Hall Personnel and Transport Ltd v D Harris, L Gonsalvez EAT/156/02 & EAT/645/02 21 Feb 2003 EAT His Hon Judge Mcmullen Qc Employment EAT Unlawful Deduction from Wages - (no sub-topic). [ EAT ] Â Wood Hall Personnel and Transport Ltd v D Harris L Gonsalvez EAT/645/02; EAT/156/02; [2003] EAT 0156_02_2102; [2003] UKEAT 0156_02_2102 21 Feb 2003 EAT His Hon Judge Mcmullen QC Employment EAT Unlawful Deduction from Wages - [ Bailii ] - [ Bailii ] Â Patterson v Legal Services Commission [2003] UKEAT 1320_01_2102 21 Feb 2003 EAT Employment, Discrimination 1 Cites 1 Citers [ Bailii ] Â Victor-Davis v Hackney [2003] UKEAT 1269_01_2102 21 Feb 2003 EAT Employment 1 Cites [ Bailii ] Â Lewisham v Dubbere [2003] UKEAT 19_02_2102 21 Feb 2003 EAT Employment [ Bailii ] Â Lewisham v Dubbere [2003] EAT 19_02_2102 21 Feb 2003 EAT Employment [ Bailii ] Â Orac Software Technology Td v Mahoney and others [2003] EAT 1160_02_2102; [2003] UKEAT 1160_02_2102 21 Feb 2003 EAT Employment [ Bailii ] - [ Bailii ] Â Zaman v Qinetiq (Formerly Defence Evaluation Research Agency Cda Section) [2003] EAT 0440_02_2102; [2003] UKEAT 0440_02_2102 21 Feb 2003 EAT Employment, Discrimination 1 Cites 1 Citers [ Bailii ] - [ Bailii ] Â Concept Automotive Services Ltd (T/A Carland) v Wilson [2003] UKEAT 0040_02_2402; EATS/0040/02 24 Feb 2003 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Compensation. [ Bailii ] - [ EAT ] Â Marsh v AIB Group (UK) Plc [2003] EAT 0567_02_2402; [2003] UKEAT 0567_02_2402; EAT/567/02 24 Feb 2003 EAT Burton P J Employment Appeal by the Mr Marsh, against the unanimous conclusion of the Employment Tribunal that his application for race discrimination against the Respondent was out of time - Effective date of termination. [ Bailii ] - [ Bailii ] - [ EAT ] Â Grant v Pickering Interfaces Ltd [2003] UKEAT 1375_01_2402; EAT/1375/01 24 Feb 2003 EAT The Honourable Mr Justice Burton (P) Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ Bailii ] - [ EAT ] Â Green v The Governing Body Victoria Road Primary School Kent County Council EAT/447/02; [2003] EAT 0447_02_1803; [2003] UKEAT 0447_02_1803; [2004] ICR 684 24 Feb 2003 EAT His Hon Judge Ansell Employment EAT Jurisdiction - appeal from an Employment Tribunal held at Ashford, Kent, who, following a Preliminary Hearing on 27 February 2002, unanimously decided that the named second Respondents, Kent County Council, should be dismissed from the proceedings. 1 Citers [ Bailii ] - [ Bailii ] - [ EAT ] Â Alamo Group (Europe) Ltd v Tucker and Another [2003] UKEAT 994_01_2402; [2003] ICR 829; [2003] IRLR 266 24 Feb 2003 EAT Altman HHJ Employment The tribunal was asked whether Regulation 5 of the 1981 Regulations have the effect of transferring to the transferee the duties and liabilities imposed on the employer under Regulations 10 and 11? The Respondent (Alamo) appeals from the decision that Regulation 5 rendered them, as transferees, liable for the default of the transferor. Transfer of Undertakings (Protection of Employment) Regulations 1981 5 1 Cites [ Bailii ] Â British Nuclear Fuels Ltd v T K Welsh, Brookson Engineering (1850) (Brookson)Ltd EAT/498/02 25 Feb 2003 EAT Mr Recorder Brennan Qc Employment EAT Contract of Employment - Definition of employee. [ EATn ] Â Abdelmasieh v Le Meridien Worldwide Ltd [2003] EAT 1416_02_2502 25 Feb 2003 EAT Employment [ Bailii ] Â British Nuclear Fuels Ltd v Welsh and others [2003] UKEAT 0498_02_2502 25 Feb 2003 EAT Employment [ Bailii ] Â Kanapathiar v London Borough of Harrow [2003] EAT 1281_02_2502; [2003] UKEAT 1281_02_2502; PA/1281/02 25 Feb 2003 EAT Employment EAT Procedural Issues - Employment Appeal Tribunal. 1 Cites [ Bailii ] - [ Bailii ] - [ EATn ] Â Abiodun v Crystal Services Plc and others [2003] EAT 1266_02_2502; [2003] UKEAT 1266_02_2502 25 Feb 2003 EAT Employment [ Bailii ] - [ Bailii ] Â Scott Mcdowall v Kilmarnock College EATS/0039/02 25 Feb 2003 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Procedural fairness/automatically unfair dismissal. [ EATn ] Â Scott Mcdowall v Kilmarnock College EATS/0039/02 25 Feb 2003 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Procedural Fairness Â British Nuclear Fuels Ltd v Welsh and others [2003] EAT 0498_02_2502 25 Feb 2003 EAT Employment [ Bailii ] Â Harada Ltd (T/A Chequepoint Uk) v Turner [2003] EAT 636_02_2502; [2003] UKEAT 636_02_2502 25 Feb 2003 EAT His Hon Judge Ansell Employment EAT Procedural Issues - Employment Tribunal. 1 Cites 1 Citers [ Bailii ] - [ Bailii ] - [ EAT ] Â British Nuclear Fuels Ltd v T K Welsh Brookssopn Engineering (1850) (Brookson)Ltd EAT/498/02 25 Feb 2003 EAT Mr Recorder Brennan QC Employment EAT Contract of Employment - Definition of employee Â Abdelmasieh v Le Meridien Worldwide Ltd [2003] UKEAT 1416_02_2502 25 Feb 2003 EAT Employment [ Bailii ] Â A Khan v Trident Safeguard Ltd, North British Housing; P Noke J Rodgers EAT/1413/; EAT/458/02PA/103/; [2003] EAT 0458_02_2502; [2003] UKEAT 0458_02_2502; EAT/458/02 & PA/103/ EAT/1413/ 25 Feb 2003 EAT His Hon Judge Mcmullen QC Employment EAT Insolvency EAT Insolvency - (no sub-topic) 1 Cites 1 Citers [ Bailii ] - [ Bailii ] - [ EATn ] Â Walton v The Independent Living Organisation Times, 27 February 2003; [2003] EWCA Civ 199; Gazette, 01 May 2003; [2003] IRLR 469; [2003] ICR 688 26 Feb 2003 CA Lord Justice Aldous The Hon Mr Justice Jacob Lady Justice Arden Employment The worker was employed as a carer for a lady who would need support at unpredictable times, but on average she would need some 6 hours' care a day. Whilst at work, the claimant would stay with her patient for a full 24 hour day, but, except when actually engaged in giving care, she was free to do as she wished. The National Minimum Wage Team said her that daily pay should be divided by 24 to give her hourly rate, and her employer contended that it should be calculated on the average time attending her patient. Held: The Regulations distinguished between 'time work' and 'unmeasured work'. If her duties did not fall within the time work definition, the basis became unmeasured. Regulation 3(a) could not refer to any payment including a reference to time, since this would make 3(b) unnecessary. Accordingly 3(a) concerned the work which was to be paid for. This is a factual question for each case. In this case she was not paid by reference to the time she actually worked. It was not therefore time work, but unmeasured work. National Minimum Wage Regulations 1999 (1999 No 584) 3(a) 3(b) - National Minimum Wage Act 1998 1 Cites [ Bailii ] Â Tibbit, McNabb v Wagon Plc, Hawtal Whiting Ltd Tibbitt, E McNabb EAT122/02; EAT/121/02; [2003] EAT 0121_02_2602 26 Feb 2003 EAT His Hon Judge McMullen QC Employment EAT Transfer of Undertakings - Dismissal - whether the employee is assigned to the undertaking transferred. Transfer of Undertaking (Protection of Employment) Regulations 1981 [ Bailii ] - [ EATn ] Â Tibbitt v Wagon Plc and others [2003] UKEAT 0121_02_2602 26 Feb 2003 EAT Employment [ Bailii ] Â J M Unwin v Barclays Bank Plc EAT/318/02; EAT/273/02 26 Feb 2003 EAT The Honourable Mr Justice Rimer Employment EAT Unfair Dismissal - Automatically unfair reasons Â David Ireland v Scotlog Sales Ltd EATS/0038/02 26 Feb 2003 EAT The Honourable Lord Johnston Employment EAT Procedural Issues - Employment Tribunal Â Â Stolt Offshore Ltd v Fraser; EAT 26-Feb-2003 - EATS/0041/02; [2003] UKEAT 0041_02_2602 Â Unwin v Barclays Bank Plc [2003] UKEAT 0273_02_2602 26 Feb 2003 EAT Employment [ Bailii ] Â Unwin v Barclays Bank Plc [2003] EAT 0273_02_2602 26 Feb 2003 EAT Employment [ Bailii ] Â C Parry v Axa Sun Life Services Plc EAT/598/02 26 Feb 2003 EAT Mr Recorder Dutton QC Employment EAT Redundancy - Definition Â Parry v Axa Sun Life Services Plc [2003] UKEAT 0598_02_2602 26 Feb 2003 EAT Employment [ Bailii ] Â Ireland v Scotlog Sales Ltd [2003] UKEAT 0038_02_2602 26 Feb 2003 EAT Employment [ Bailii ] Â Parry v Axa Sun Life Services Plc [2003] EAT 0598_02_2602 26 Feb 2003 EAT Employment [ Bailii ] Â J M Unwin v Barclays Bank Plc EAT/273/02 & EAT/318/02 26 Feb 2003 EAT The Honourable Mr Justice Rimer Employment EAT Unfair Dismissal - Automatically unfair reasons. [ EATn ] Â Sodexho Ltd v Busfield [2003] EAT 0890_02_2602; [2003] UKEAT 0890_02_2602; EAT/890/02 26 Feb 2003 EAT Mr Recorder Brennan QC Employment EAT Unfair Dismissal - Other [ Bailii ] - [ Bailii ] - [ EATn ] Â C Parry v Axa Sun Life Services Plc EAT/598/02 26 Feb 2003 EAT Mr Recorder Dutton Qc Employment EAT Redundancy - Definition [ EATn ] Â David Ireland v Scotlog Sales Ltd EATS/0038/02 26 Feb 2003 EAT The Honourable Lord Johnston Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â A Wicks v Leander EAT/1312/01 27 Feb 2003 EAT Mr Recorder Dutton Qc Employment EAT Practice and Procedure - Application/Claim. [ EATn ] Â Environment Agency v Andrew Morisse EAT/663/02 27 Feb 2003 EAT His Hon Judge Mcmullen QC Employment EAT Procedural Issues - Employment Tribunal Â Environment Agency v Morisse [2003] UKEAT 0663_02_2702 27 Feb 2003 EAT Employment [ Bailii ] Â A Wicks v Leander EAT/1312/01 27 Feb 2003 EAT Mr Recorder Dutton QC Employment EAT Practice and Procedure - Application Â Environment Agency v Morisse [2003] EAT 0663_02_2702 27 Feb 2003 EAT Employment [ Bailii ] Â Bentwood Bros (Manchester) Ltd v Shepherd [2003] EWCA Civ 380 27 Feb 2003 CA Employment, Discrimination [ Bailii ] Â Environment Agency v Andrew Morisse EAT/663/02 27 Feb 2003 EAT His Hon Judge Mcmullen Qc Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â Aziz v South Tyneside Health Care Trust EAT/1175/01; [2003] UKEAT 1175_01_2702 27 Feb 2003 EAT The Honourable Mr Justice Burton (P) Employment EAT Unfair Dismissal - Procedural Fairness 1 Cites [ Bailii ] - [ EATn ] Â V Adamson v Renfrewshire Council EATS/0044/02 27 Feb 2003 EAT The Honourable Lord Johnston Employment, Scotland EAT Procedural Issues - Employment Tribunal Â Cahoon v Silverwood Enterprise Ltd [2003] NIIT 1664_02 27 Feb 2003 NIIT Northern Ireland, Employment [ Bailii ] Â Adamson v Renfrewshire Council [2003] UKEAT 0044_02_2702 27 Feb 2003 EAT Employment [ Bailii ] Â Flynn v NIU Racing (T/A Ballyskeagh Greyhound Stadium) and Another (Application for Review) [2003] NIIT 19 27 Feb 2003 NIIT Northern Ireland, Employment [ Bailii ] Â Wicks v Leander Club [2003] UKEAT 1312_01_2702 27 Feb 2003 EAT Employment [ Bailii ] Â In re P (a minor by his mother and litigation friend); P v National Association of Schoolmasters/Union of Women Teachers Times, 06 March 2003; [2003] UKHL 8; Gazette, 01 May 2003; [2003] IRLR 307; [2003] ELR 357; [2003] 1 All ER 993; [2003] ICR 386; [2003] 2 WLR 545; [2003] 2 AC 663 27 Feb 2003 HL Lord Bingham of Cornhill, Lord Hoffmann, Lord Hobhouse of Woodborough, Lord Scott of Foscote and Walker of Gestingthorpe Employment, Education The pupil had been excluded from school but then ordered to be re-instated. The teachers, through their union, refused to teach him claiming that he was disruptive. The claimant appealed a refusal of an injunction. The injunction had been refused on the basis that this was an employment dispute. The union had failed successfully to ballot all its members at the school. Held: A trade dispute is a dispute between workers and their employers which relates wholly or mainly to terms and conditions of employment. The court noted a clear mistake in the provisions of the Act relating to ballots, and hoped that it would be corrected. The Act allowed a vote of all members so far as was reasonably practicable. Trade Union and Labour Relations Act 1992 244(1) - School Teachers' Pay and Conditions Act 1991 - Education (School Teachers' Pay and Conditions)(No. 3) Order 2000 (SI 2000/2321) 1 Cites [ House of Lords ] - [ Bailii ] Â Â Shamoon v Chief Constable of the Royal Ulster Constabulary; HL 27-Feb-2003 - [2003] UKHL 11; Times, 04 March 2003; [2003] ICR 337; Gazette, 10 July 2003; [2003] IRLR 285; [2003] NI 174; [2003] 2 All ER 26 Â v Adamson v Renfrewshire Council EATS/0044/02 27 Feb 2003 EAT The Honourable Lord Johnston Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â Kemmeni v the Morse Group Ltd and others [2003] UKEAT 0520_02_2802 28 Feb 2003 EAT Employment [ Bailii ] Â Murali v Seeley and others [2003] UKEAT 0679_02_2802 28 Feb 2003 EAT Employment [ Bailii ] Â Fraser v London Borough of Richmond Upon Thames [2003] UKEAT 0888_02_2802 28 Feb 2003 EAT Employment [ Bailii ] Â S Murali v Dr H Seeley, N Harrison, Secretary of State for Health EAT/679/02 28 Feb 2003 EAT His Hon Judge Ansell Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â Murali v Seeley and others [2003] EAT 0679_02_2802 28 Feb 2003 EAT Employment [ Bailii ] Â S Murali v Dr H Seeley N Harrison Secretary of State for Health EAT/679/02 28 Feb 2003 EAT His Hon Judge Ansell Employment EAT Unfair Dismissal - Reason for dismissal Â C W Pittards Plc v S P Poole EAT/978/02 28 Feb 2003 EAT Mr Recorder Dutton Qc Employment EAT Unfair Dismissal - Procedural fairness/automatically unfair dismissal. [ EATn ] Â C Kemmeni v the Morse Group Ltd, R Lewis, S Carroll EAT/520/02 28 Feb 2003 EAT His Hon Judge Mcmullen Qc Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â Kemmeni v the Morse Group Ltd and others [2003] EAT 0520_02_2802 28 Feb 2003 EAT Employment [ Bailii ] Â Oakbank School v Andrew Porter EATS/0042/02 28 Feb 2003 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Procedural fairness/automatically unfair dismissal. [ EATn ] Â C W Pittards Plc v S P Poole EAT/978/02 28 Feb 2003 EAT Mr Recorder Dutton QC Employment EAT Contract of Employment - Breach of Contract Â Fraser v London Borough of Richmond Upon Thames [2003] EAT 0888_02_2802 28 Feb 2003 EAT Employment [ Bailii ] Â Oakbank School v Andrew Porter EATS/0042/02 28 Feb 2003 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Procedural Fairness Â Oakley v Merseyside Magistrates Court Committee EAT/379/02; [2003] EAT 379_02_0303; [2003] UKEAT 379_02_0303 2 Mar 2003 EAT His Hon Judge Ansell Employment EAT Redundancy - Collective Consultation and Information 1 Cites [ Bailii ] - [ Bailii ] - [ EAT ] Â Khella v Nila Food Distribution Ltd [2003] EAT 1063_02_0303 3 Mar 2003 EAT Employment [ Bailii ] Â D Bamsey and others v Albon Engineering Ltd EAT/365/02; [2003] EAT 365_02_2703; [2003] UKEAT 365_02_2703; [2003] ICR 1224 3 Mar 2003 EAT His Hon Judge Ansell Employment EAT Working Time Regulations - holiday pay calculation 1 Citers [ Bailii ] - [ Bailii ] - [ EAT ] Â Mears v Lloyd Green and Co [2003] EAT 0707_02_0303 3 Mar 2003 EAT Employment [ Bailii ] Â Khella v Nila Food Distribution Ltd [2003] UKEAT 1063_02_0303 3 Mar 2003 EAT Employment [ Bailii ] Â Mears v Lloyd Green and Co [2003] UKEAT 0707_02_0303 3 Mar 2003 EAT Employment [ Bailii ] Â Commissioner of Police of the Metropolis v Ledlie [2003] UKEAT 1215_01_0403 4 Mar 2003 EAT Employment [ Bailii ] Â Smith v Dhss and others (Stay Lifted) [2003] NIIT 22 4 Mar 2003 NIIT Northern Ireland, Employment [ Bailii ] Â Mid-Staffordshire General Hospitals NHS Trust v Cambridge EAT/755/02; [2003] EAT 0755_02_1403; [2003] UKEAT 0755_02_1403; [2003] IRLR 566 4 Mar 2003 EAT The Honourable Mr Justice Keith Discrimination, Employment EAT The claimant had presented claims of sex and disability discrimination and victimisation. She suffered injury to her throat when builders demolished a wall near her workstation. Held: The employer's appeal was dismissed. "There must be many cases in which the disabled person has been placed at a substantial disadvantage in the workplace, but in which the employer does not know what it ought to do to ameliorate that disadvantage without making enquiries. To say that a failure to make those enquiries would not amount to a breach of the duty imposed on employers by section 6(1) would render section 6(1) practicably unworkable in many cases." The Trust was in breach of the duty imposed on it by section 6(1). The claimant appealed rejection of her claim for having been victimised for her disability, and the compensation awarded. Workmen were provided with dust masks as they demolished a nearby wall at work, but she had not been. She became unfit for full time work. Unsuccessful attempts were made to ease her back into work. The Trust's officers had not considered whether she was to be considered disabled, and she was told to return to work or be dismissed. The Trust claimed that the Tribunal had put an improper gloss on the statute. Held: The appeal failed. The attempted phased return to work did not mean that an assessment was not required. As to the need to make enquiries "A proper assessment of what is required to eliminate the disabled person’s disadvantage is therefore a necessary part of the duty imposed by section 6(1) since that duty cannot be complied with unless the employer makes a proper assessment of what needs to be done." The tribunal properly decided that: "her compensation will have to be discounted to reflect the possibility that an assessment might have established that no steps could reasonably have been taken to ameliorate her disadvantage." Disability Discrimination Act 1995 - Sex Discrimination Act 1975 1 Cites 1 Citers [ Bailii ] - [ Bailii ] - [ EATn ] Â R T Woodfine v British Telecommunications Plc UKEAT/764/02 5 Mar 2003 EAT Mr Recorder Hand Qc Employment EAT Unfair Dismissal - Procedural fairness/automatically unfair dismissal. [ EATn ] Â Pertemps Recruitment Partnership Ltd v Alison Elliot EAT/648/02; [2003] EAT 0648_02_0503; [2003] UKEAT 0648_02_0503 5 Mar 2003 EAT His Hon Judge Prophet Discrimination, Employment EAT Disability Discrimination - Disability EAT Disability Discrimination - Disability. [ Bailii ] - [ Bailii ] - [ EATn ] Â Onyx UK Limited v Arthur Russell EAT/0705/02; [2003] EAT 0705_02_0503; [2003] UKEAT 0705_02_0503 5 Mar 2003 EAT His Honour Judge Peter Clark Employment EAT Unfair Dismissal - Contributory fault [ Bailii ] - [ Bailii ] Â Onyx UK Limited v Arthur Russell EAT/0705/02 5 Mar 2003 EAT His Honour Judge Peter Clark Employment EAT Unfair Dismissal - Contributory fault. [ EATn ] Â Blessed Edward Jones High School v Rawlinson [2003] EAT 0776_02_0603 6 Mar 2003 EAT Employment [ Bailii ] Â Blessed Edward Jones High School v Rawlinson [2003] UKEAT 0776_02_0603 6 Mar 2003 EAT Employment [ Bailii ] Â Hendrickson Europe Ltd v Pipe [2003] EAT 0272_02_1504; [2003] UKEAT 0272_02_1504 6 Mar 2003 EAT Employment [ Bailii ] - [ Bailii ] Â Hendrickson Europe Ltd v Christine Pipe EAT/272/02 6 Mar 2003 EAT His Hon Judge Prophet Employment EAT Time Limits - (no sub-topic). [ EATn ] Â Sobo v Centrepoint Soho [2003] EAT 0914_02_0603 6 Mar 2003 EAT Employment [ Bailii ] Â Sobo v Centrepoint Soho [2003] UKEAT 0914_02_0603 6 Mar 2003 EAT Employment [ Bailii ] Â Board of Governors of Blessed Edward Jones High School v L E Rawlinson EAT/776/02 6 Mar 2003 EAT The Honourable Mr Justice Keith Employment EAT Equal Pay Act - Article 141 [ EATn ] Â Board of Governors of Blessed Edward Jones High School v L E Rawlinson EAT/776/02 6 Mar 2003 EAT The Honourable Mr Justice Keith Employment EAT Equal Pay Act - Article 141 Â A Sobo v Centrepoint EAT/914/02 6 Mar 2003 EAT The Honourable Mr Justice Keith Employment EAT Practice and Procedure - Postponement Â Barton v Investec Henderson Crosthwaite Securities Ltd EAT/18/03; Times, 16 April 2003; Gazette, 05 June 2003; [2003] EAT 18_03_0304; [2003] UKEAT 18_03_0304; [2003] ICR 1205 6 Mar 2003 EAT His Hon Judge Ansell Discrimination, Employment EAT Sex Discrimination - Inferring Discrimination The claimant sought compenstion for sex discrimination. She appealed a finding of a material factor justifying the difference in pay. Held: The new provisions included reference to the Code of Practice issued by the Equal Opportunities Commission, which provided that the employer should provide a transparent system for setting pay so as to encourage equal treatment. The tribunal set out guidelines now to be followed under the new rules for determining whether discrimination had occurred, emphasising the need to follow the two stage procedure carefully. Inferences drawn against the employer under the new sections might also inform decisions under the 1970 Act. Sex Discrimination Act 1975 56A 63A - Sex Discrimination (Indirect Discrimination and Burden of Proof) Regulations 2001 (2001 No 2660) - Equal Pay Act 1970 1 Cites 1 Citers [ Bailii ] - [ Bailii ] Â Karen Jackson v Ghost Ltd, Ghost Inc EAT/547/02 6 Mar 2003 EAT His Hon Judge Clark Employment EAT Unlawful Deduction from Wages - (no sub-topic). [ EATn ] Â Cow v Surrey and Berkshire Newspapers Ltd [2003] EAT 0716_02_0703 7 Mar 2003 EAT Employment [ Bailii ] Â British Telecommunications Plc v Reid [2003] EAT 0913_02_0703 7 Mar 2003 EAT Employment [ Bailii ] Â Britax Rumbold Ltd v Ogunsanya [2003] EAT 843_02_0703 7 Mar 2003 EAT Employment [ Bailii ] Â B J Cow v Surrey and Berkshire Newspapers Limited EAT/716/02 7 Mar 2003 EAT His Hon Judge Mcmullen Qc Employment EAT Unfair Dismissal - Reasonableness of dismissal. [ EATn ] Â Ikon Office Solutions Plc v G P Steen EAT/236/02 7 Mar 2003 EAT Mr Recorder Hand Qc Employment EAT Contract of Employment - Definition of employee. [ EATn ] Â B J Cow v Surrey and Berkshire Newspapers Limited EAT/716/02 7 Mar 2003 EAT His Hon Judge Mcmullen QC Employment EAT Unfair Dismissal - Reasonableness of dismissal Â Britax Rumbold Ltd v Ogunsanya [2003] UKEAT 843_02_0703 7 Mar 2003 EAT Employment [ Bailii ] Â British Telecommunications Plc v Reid [2003] UKEAT 0913_02_0703 7 Mar 2003 EAT Employment [ Bailii ] Â Cow v Surrey and Berkshire Newspapers Ltd [2003] UKEAT 0716_02_0703 7 Mar 2003 EAT Employment [ Bailii ] Â Kane v Newry and Kilkeel Institute of Further and Higher Education and Another [2003] NIIT 3501_01 7 Mar 2003 NIIT Northern Ireland, Employment [ Bailii ] Â Grambas v British Broadcasting Corporation [2003] UKEAT 1454_02_0703 7 Mar 2003 EAT Employment [ Bailii ] Â Mah v State Street Bank and Trust Company [2003] UKEAT 1647_02_0703 7 Mar 2003 EAT Employment [ Bailii ] Â Mcnally v University of Brighton [2003] UKEAT 1468_02_0703 7 Mar 2003 EAT Employment [ Bailii ] Â Nationwide Planning Ltd v Fleming [2003] UKEAT 0940_02_0703 7 Mar 2003 EAT Employment [ Bailii ] Â Newnham Far Ltd v Powell [2003] UKEAT 0711_01_0703 7 Mar 2003 EAT Employment [ Bailii ] Â Nicholls v Cli Ltd [2003] UKEAT 0092_03_0703 7 Mar 2003 EAT Employment [ Bailii ] Â Witney v Parisa Ltd (T/A Parisa Wine Shop) [2003] UKEAT 0208_02_0703 7 Mar 2003 EAT Employment [ Bailii ] Â Ikon Office Solutions Plc v G P Green EAT/236/02 7 Mar 2003 EAT Mr Recorder Hand QC Employment EAT Contract of Employment - Definition of employee Â B J Cow v Surrey and Berkshire Newspapers Limited EAT/716/02 7 Mar 2003 EAT His Hon Judge Mcmullen QC Employment EAT Unfair Dismissal - Constructive dismissal Â Gmb v Swordward Clothing Ltd [2003] UKEAT 0583_02_0703 7 Mar 2003 EAT Employment [ Bailii ] Â Mcnally v University of Brighton [2003] EAT 1468_02_0703 7 Mar 2003 EAT Employment [ Bailii ] Â Grambas v British Broadcasting Corporation [2003] EAT 1454_02_0703 7 Mar 2003 EAT Employment [ Bailii ] Â Gmb v Swordward Clothing Ltd [2003] EAT 0583_02_0703 7 Mar 2003 EAT Employment [ Bailii ] Â Witney v Parisa Ltd (T/A Parisa Wine Shop) [2003] EAT 0208_02_0703 7 Mar 2003 EAT Employment [ Bailii ] Â Mah v State Street Bank and Trust Company [2003] EAT 1647_02_0703 7 Mar 2003 EAT Employment [ Bailii ] Â Lodwick v London Borough of Southwark [2003] EAT 1285_02_0703; [2003] UKEAT 1285_02_0703 7 Mar 2003 EAT Employment, Discrimination The applicant was employed by the respondent and sought leave to work for the CAB for a year, requesting a sabbatical. Leave was refused. He applied to the employment tribunal, but objected that the chairman had, in a previous case, indicated his strong dislike of the applicant. The chairman refused to recuse himself. Held: The proposed appeal was not on a question of law, and the EAT did not have jurisdiction to hear the appeal. "The claim based on the Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000 and the Directive 97/81 EC seems to me to have been entirely misconceived. Those provisions were designed to protect part-time workers from being discriminated against when compared with full-time workers. They do not give a right to an employee who wants to go and work for somebody else to insist that his original employer continues to employ him part-time. " Employment Tribunals Act 1996 21(1) 1 Cites 1 Citers [ Bailii ] - [ Bailii ] Â Nationwide Planning Ltd v Fleming [2003] EAT 0940_02_0703 7 Mar 2003 EAT Employment [ Bailii ] Â Nicholls v Cli Ltd [2003] EAT 0092_03_0703 7 Mar 2003 EAT Employment [ Bailii ] Â Bryant v The Foreign and Commnonwealth Office EAT/174/02; [2003] EAT 174_02_1003; [2003] UKEAT 174_02_1003 10 Mar 2003 EAT Burton P J Employment Section 94(1) of the 1996 Act did not apply to protect a British national locally engaged to work in the British Embassy in Rome. Employment Rights Act 1996 94(1) 1 Citers [ Bailii ] - [ Bailii ] - [ EAT ] Â Transport and General Workers Union v Morgan Platts Ltd EAT/642/02; [2003] EAT 0646_02_1003; [2003] UKEAT 0646_02_1003 10 Mar 2003 EAT His Hon Judge Clark Employment EAT Transfer of Undertakings - Transfer EAT Transfer of Undertakings - Transfer. [ Bailii ] - [ Bailii ] - [ EAT ] Â Sterlite Industries (India) Ltd v Bhatia EAT/195/02; EAT/194/02 10 Mar 2003 EAT The Honourable Mr Justice Keith Employment EAT Unfair Dismissal - Procedural fairness/automatically unfair dismissal. [ EAT ] Â Preston v Secretary of State for Trade and Industry [2003] EAT 0049_03_1003; [2003] UKEAT 0049_03_1003 10 Mar 2003 EAT Employment [ Bailii ] - [ Bailii ] Â Warren James Jewellers Ltd v Christy EAT/1041/02; [2003] EAT 1041_02_1103; [2003] UKEAT 1041_02_1103 11 Mar 2003 EAT His Hon Judge Ansell Employment EAT Unfair Dismissal - Reasonableness of dismissal 1 Cites [ Bailii ] - [ Bailii ] - [ EATn ] Â Robertson v Bexley Community Centre [2003] IRLR 434; [2003] EWCA Civ 576 11 Mar 2003 CA Auld LJ, Chadwick LJ and Newman J Employment, Discrimination The claimant brought his claim in discrimination, but it was out of time. The employer appealed against a decision to extend the time for him to file his complaint. Held: A tribunal has a very wide discretion in the area of whether to extend time for a complaint of race or sex discrimination to be laid, and is entitled to consider anything that it considers relevant. The court of appeal can only interfere with the exercise of a discretion if it is plainly wrong and there has been some error of law or principle. In this case the court re-instated the employment tribunal's decision. Auld LJ set out the principles to be applied when considering the exercise of its discretion to extend time: "The Tribunal, when considering the exercise of its discretion, has a wide ambit within which to reach a decision. If authority is needed for that proposition, it is to be found in Daniel" and "It is also of importance to note that the time limits are exercised strictly in employment and industrial cases. When tribunals consider their discretion to consider a claim out of time on just and equitable grounds there is no presumption that they should do so unless they can justify failure to exercise the discretion. Quite the reverse. A tribunal cannot hear a complaint unless the applicant convinces it that it is just and equitable to extend time. So, the exercise of discretion is the exception rather than the rule. It is of a piece with those general propositions that an Appeal Tribunal may not allow an appeal against a Tribunal's refusal to consider an application out of time in the exercise of its discretion merely because the Appeal Tribunal, if it were deciding the issue at first instance, would have formed a different view. As I have already indicated, such an appeal should only succeed where the Appeal Tribunal can identify an error of law or principle, making the decision of the Tribunal below plainly wrong in this respect." 1 Cites 1 Citers [ Bailii ] Â Murray v Newham Citizens Advice Bureau Ltd [2003] UKEAT 554_01_1103 11 Mar 2003 EAT Employment 1 Cites [ Bailii ] Â Hopkins v Department of Employment and Learning [2003] NIIT 2467_02 11 Mar 2003 NIIT Northern Ireland, Employment [ Bailii ] Â Preston Borough Council, Geoffrey Driver v S Harrison Geoffrey Driver S Harrison, Preston Borough Council EAT/154/02; EAT/153/02; [2003] EAT 0153_02_3103; [2003] UKEAT 0153_02_3103 11 Mar 2003 EAT The Honourable Mr Justice Burton (P) Discrimination, Employment EAT Sex Discrimination - Victimisation 1 Cites [ Bailii ] - [ Bailii ] - [ EATn ] Â Hopkins v Department of Employment and Learning (Status of Applicant) [2003] NIIT 23 11 Mar 2003 NIIT Northern Ireland, Employment [ Bailii ] Â Whiley v Christopher Clarke Workshops Ltd [2003] UKEAT 1403_01_1103 11 Mar 2003 EAT Employment [ Bailii ] Â Jayasuriya v Meat Hygiene Service EAT/0657/02; EAT/0344/02; [2003] EAT 0657_02_1103; [2003] UKEAT 0657_02_1103 11 Mar 2003 EAT His Honour Judge J McMullen QC Employment EAT Unfair Dismissal - Procedural fairness/automatically unfair dismissal. 1 Cites [ Bailii ] - [ Bailii ] - [ EATn ] Â Lawson v Serco Ltd [2003] EAT 0018_02_1103; [2003] UKEAT 0018_02_1103; [2006] ICR 250 11 Mar 2003 EAT Employment Employment Rights Act 1996 196 1 Cites 1 Citers [ Bailii ] - [ Bailii ] Â D Wright v G Galctt and v Gibbs T/A Ellerslien House Outreach Project EAT/698/02 12 Mar 2003 EAT Mr Commissioner Howell QC Employment EAT Unfair Dismissal - Jurisdiction Â D Wright v G Walcott and Ms v Gibbs T/A Ellerslie House Outreach Project EAT/698/02 12 Mar 2003 EAT Mr Commissioner Howell Qc Employment EAT Unfair Dismissal - (no sub-topic). [ EATn ] Â Nottinghamshire Healthcare NHS Trust v Prison Officers Association, R Adams and 716 others EAT/757/02 12 Mar 2003 EAT The Honourable Mr Justice Keith Employment EAT Jurisdiction - (no sub-topic). [ EATn ] Â Smith v Islington Council [2003] EAT 0409_02_1203 12 Mar 2003 EAT Employment [ Bailii ] Â Yellow Pages Limited v David Garton EAT/375/02; [2003] EAT 0375_02_1203; [2003] UKEAT 0375_02_1203 12 Mar 2003 EAT His Hon Judge Mcmullen QC Discrimination, Employment EAT Disability Discrimination - Reasonable adjustments 1 Cites [ Bailii ] - [ Bailii ] - [ EATn ] Â Mckeown v Ulster Community and Hospitals Trust [2003] NIIT 884_00 12 Mar 2003 NIIT Northern Ireland, Employment [ Bailii ] Â Nottinghamshire Healthcare NHS Trust v Prison Officers Association R Ada and 716 others EAT/757/02; [2003] EAT 757_02_0404; [2003] UKEAT 757_02_0404 12 Mar 2003 EAT The Honourable Mr Justice Keith Employment EAT Jurisdiction - [ Bailii ] - [ Bailii ] Â Smith v Islington Council [2003] UKEAT 0409_02_1203 12 Mar 2003 EAT Employment [ Bailii ] Â Arbuthnot Fund Managers Ltd v Rawlings [2003] EWCA Civ 518 13 Mar 2003 CA Employment Post-termination restraints in a service agreement. 1 Citers [ Bailii ] Â T Lammy v HEP Sections Ltd EAT/784/02; [2003] EAT 784_02_2005; [2003] UKEAT 784_02_2005 13 Mar 2003 EAT Mr Commissioner Howell QC Discrimination, Employment EAT Race Discrimination - Inferring discrimination 1 Cites [ Bailii ] - [ Bailii ] - [ EATn ] Â I A Grant v Bss Group EAT/832/02 13 Mar 2003 EAT Mr Commissioner Howell QC Employment EAT Redundancy - Fairness Â Grant v Bss Group Plc [2003] EAT 0832_02_1303 13 Mar 2003 EAT Employment [ Bailii ] Â Grant v Bss Group Plc [2003] UKEAT 0832_02_1303 13 Mar 2003 EAT Employment [ Bailii ] Â I A Grant v Bss Group EAT/832/02 13 Mar 2003 EAT Mr Commissioner Howell Qc Employment EAT Redundancy - Fairness [ EATn ] Â Deveney v Inland Revenue [2003] EAT 0004_03_1403 14 Mar 2003 EAT Employment [ Bailii ] Â Company X v A and Another [2003] UKEAT 0437_02_1403 14 Mar 2003 EAT Employment 1 Cites [ Bailii ] Â Company X v A and Another [2003] EAT 0437_02_1403 14 Mar 2003 EAT Employment [ Bailii ] Â Deveney v Inland Revenue [2003] UKEAT 0004_03_1403 14 Mar 2003 EAT Employment [ Bailii ] Â D Bryant v Britannia Development Ltd EAT/142/02; [2003] EAT 0142_02_1403; [2003] UKEAT 0142_02_1403 14 Mar 2003 EAT His Hon Judge Ansell Employment EAT Working Time Regulations [ Bailii ] - [ Bailii ] Â Moore and others v Simoco Europe Ltd [2003] EAT 0725_02_1403 14 Mar 2003 EAT Employment [ Bailii ] Â B Moore and others v Simoco Europe Ltd (Debarred) EAT/0725/02 14 Mar 2003 EAT His Honour Judge Peter Clark Employment EAT Unfair Dismissal - Contributory fault. [ EATn ] Â D Bryant v Britanna Development Ltd EAT/142/02 14 Mar 2003 EAT His Hon Judge Ansell Employment EAT Working Time Regulations - (no sub-topic). [ EATn ] Â Rhm Frozen Foods Ltd v King [2003] UKEAT 1449_01_1403 14 Mar 2003 EAT Employment [ Bailii ] Â Moore and others v Simoco Europe Ltd [2003] UKEAT 0725_02_1403 14 Mar 2003 EAT Employment [ Bailii ] Â B Moore and others v Simoco Europe Ltd (Debarred) EAT/0725/02 14 Mar 2003 EAT His Honour Judge Peter Clark Employment EAT Unfair Dismissal - Contributory fault Â McCoy v KMC Engineering (Striking Out) [2003] NIIT 21 15 Mar 2003 NIIT Northern Ireland, Employment [ Bailii ] Â Frank Staddon Ltd v Dent R Mcwilliams EAT/945/02 17 Mar 2003 EAT His Hon Judge Ansell Employment EAT Working Time Regulations Â J Douglas v Birmingham City Council Governing Body of Canterbury Cross School, A Boyle EAT/518/02 17 Mar 2003 EAT His Honour Judge J Mcmullen QC Employment EAT Unfair Dismissal - Polkey deduction Â Harada Ltd (T/A Chequepoint UK) v Turner [2003] EAT 636_02_1703; [2003] UKEAT 636_02_1703 17 Mar 2003 EAT Employment 1 Cites [ Bailii ] - [ Bailii ] Â Douglas v Birmingham City Council [2003] UKEAT 0518_02_1703 17 Mar 2003 EAT Employment [ Bailii ] Â Frank Staddon Ltd v Dent and Another [2003] UKEAT 0945_02_1703 17 Mar 2003 EAT Employment [ Bailii ] Â Wright v Secretary of State for Social Security EATS/0045/02; [2003] UKEAT 0045_02_1703 17 Mar 2003 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Procedural Fairness [ Bailii ] Â James Wright v Secretary of State for Social Security EATS/0045/02 17 Mar 2003 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Procedural fairness/automatically unfair dismissal. [ EATn ] Â Frank Staddon Ltd v J Dent, R Mcwilliams EAT/945/02 17 Mar 2003 EAT His Hon Judge Ansell Employment EAT Working Time Regulations - (no sub-topic). [ EATn ] Â A and Another v C [2003] EAT 0357_02_1703; [2003] UKEAT 0357_02_1703 17 Mar 2003 EAT Employment [ Bailii ] - [ Bailii ] Â Frank Staddon Ltd v Dent and Another [2003] EAT 0945_02_1703 17 Mar 2003 EAT Employment [ Bailii ] Â J Douglas v Birmingham City Council, Governing Body of Canterbury Cross School, Ms A Boyle EAT/518/02 17 Mar 2003 EAT His Honour Judge J Mcmullen Qc Employment EAT Unfair Dismissal - Polkey deduction. [ EATn ] Â Douglas v Birmingham City Council [2003] EAT 0518_02_1703 17 Mar 2003 EAT Employment [ Bailii ] Â Margaret Macdonald v Communication Workers' Union EATS/0047/02; [2003] UKEAT 0047_02_1803 18 Mar 2003 EAT The Honourable Lord Johnston Employment EAT Procedural Issues - Employment Tribunal [ Bailii ] Â Recruit Employment Services v Ms Christina Margaret Dillon EATS/0049/02 18 Mar 2003 EAT The Honourable Lord Johnston Employment EAT Contract of Employment - Definition of employee. [ EATn ] Â Saunders v Apcoa Parking UK Ltd [2003] EAT 0526_02_1803; [2003] UKEAT 0526_02_1803 18 Mar 2003 EAT Employment [ Bailii ] - [ Bailii ] Â Reid-Blair v London Borough of Haringey [2003] UKEAT 1134_02_1803 18 Mar 2003 EAT Employment [ Bailii ] Â Reid-Blair v London Borough of Haringey [2003] EAT 1134_02_1803 18 Mar 2003 EAT Employment [ Bailii ] Â K Leverson v N Huggins Gwent Police Force EAT/1046/01; [2003] UKEAT 1046_01_1903 18 Mar 2003 EAT The Honourable Mr Justice Burton (P) Employment EAT Practice and Procedure - Application 1 Cites [ Bailii ] - [ EATn ] Â Recruit Employment Services v Christina Margaret Dillon EATS/0049/02 18 Mar 2003 EAT The Honourable Lord Johnston Employment EAT Contract of Employment - Definition of Employee Â M Saunders v Apcoa Parking UK Ltd EAT/0526/02 18 Mar 2003 EAT His Honour Judge Ansell Employment EAT Trade Union Rights - Action short of dismissal. [ EATn ] Â Pioneer Technology (UK) Ltd v Jowitt [2003] EWCA Civ 411 18 Mar 2003 CA Employment, Insurance, Personal Injury [ Bailii ] Â Ms M Fitzgerald v University of Kent at Canterbury EAT/474/02 18 Mar 2003 EAT His Hon Judge Clark Employment EAT Time Limits - (no sub-topic) [ EATn ] Â Recruit Employment Services v Dillon [2003] UKEAT 0049_02_1803 18 Mar 2003 EAT Employment [ Bailii ] Â Margaret Macdonald v Communication Workers' Union EATS/0047/02 18 Mar 2003 EAT The Honourable Lord Johnston Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â M Saunders v Apcoa Parking UK Ltd EAT/0526/02 18 Mar 2003 EAT His Honour Judge Ansell Employment EAT Trade Union Rights - Action short of dismissal Â Haney v Brent Mind and Another [2003] UKEAT 54_03_1903 19 Mar 2003 EAT Employment [ Bailii ] Â E Scott, Ms Murphy, Ms Bickerdyke v Prison Service Hmp Wakefield EAT/60/02 19 Mar 2003 EAT His Hon Judge Ansell Employment EAT Time Limits - (no sub-topic). [ EATn ] Â Andrew William Armstrong v Walter Scott Motors (London ) Ltd EAT/766/02 19 Mar 2003 EAT His Hon Judge Mcmullen QC Employment EAT Unfair Dismissal - Other Â Stott and others v Prison Service HMP Wakefield [2003] EAT 60_02_1903; [2003] UKEAT 60_02_1903 19 Mar 2003 EAT Employment [ Bailii ] - [ Bailii ] Â E Amica v Rhone Poulenc Chemicals Ltd EAT/1292/96 19 Mar 2003 EAT His Hon Judge Mcmullen Qc Employment EAT Equal Pay Act - (no sub-topic). [ EATn ] Â Andrew William Armstrong v Walter Scott Motors (London ) Ltd EAT/766/02 19 Mar 2003 EAT His Hon Judge Mcmullen Qc Employment EAT Unfair Dismissal - Other [ EATn ] Â Douglas v Co-Enterprise Birmingham [2003] UKEAT 1117_02_1903 19 Mar 2003 EAT Employment [ Bailii ] Â James Dressel v Partnership Housing Ltd EATS/0048/02 19 Mar 2003 EAT The Honourable Lord Johnston Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â Amica v Rhone Poulenc Chemicals Ltd EAT/1292/96; [2003] EAT 1292_96_1903 19 Mar 2003 EAT His Hon Judge Mcmullen QC Employment, Discrimination EAT Equal Pay Act - 1 Cites 1 Citers [ Bailii ] Â E Scott Murphy Bickerdyke v Prison Service HMP Wakefield EAT/60/02 19 Mar 2003 EAT His Hon Judge Ansell Employment EAT Time Limits - Â James Dressel v Partnership Housing Ltd EATS/0048/02 19 Mar 2003 EAT The Honourable Lord Johnston Employment EAT The appellant challenged the decision of the tribunal in that the chairman had sat alone despite the existence of a condition under s5 requiring him to consider acting with a panel. Held: The chairman had given no indication of having considered that he was exercising his discretion to sit alone, and the parties had had no opportunity to make representations. The decision was set aside and remitted. Waiver or tacit acceptance can not apply in respect of a duty that is mandatorily imposed upon the Chairman in relation to the exercise of a discretion. Employment Tribunals Act 1996 4(5) 1 Cites 1 Citers Â Armstrong v Walter Scott Motors (London) Ltd [2003] EAT 766_02_1903 19 Mar 2003 EAT Employment [ Bailii ] Â Douglas v Co-Enterprise Birmingham [2003] EAT 1117_02_1903 19 Mar 2003 EAT Employment [ Bailii ] Â Dressel v Partnership Housing Ltd [2003] UKEAT 0048_02_1903 19 Mar 2003 EAT Employment [ Bailii ] Â Haney v Brent Mind and Another [2003] EAT 54_03_1903 19 Mar 2003 EAT Employment [ Bailii ] Â Amica v Rhone Poulenc Chemicals Ltd [2003] UKEAT 1292_96_1903 19 Mar 2003 EAT Employment [ Bailii ] Â Armstrong v Walter Scott Motors (London) Ltd [2003] UKEAT 766_02_1903 19 Mar 2003 EAT Employment [ Bailii ] Â Coyle v Unibol Ltd (Ni)& Ors (Breach of Contract/Unlawful Deductions/Unfair Dismissal) [2003] NIIT 40 19 Mar 2003 NIIT Northern Ireland, Employment [ Bailii ] Â Andrew McGee v Perth and Kinross Council EATS/0046/02; [2003] UKEAT 0046_02_2003 20 Mar 2003 EAT The Honourable Lord Johnston Employment EAT Time Limits - [ Bailii ] Â Lansing Linde Severnside Ltd v M Gibbs EAT/495/02; [2003] EAT 0495_02_2003; [2003] UKEAT 0495_02_2003 20 Mar 2003 EAT The Honourable Mr Justice Burton (P) Employment EAT Unfair Dismissal - Exclusions [ Bailii ] - [ Bailii ] Â Christie and others v John E Haith Ltd [2003] UKEAT 0793_02_2003 20 Mar 2003 EAT Employment [ Bailii ] Â M A Christie S J Moran M Garratt v John E Haith Limited EAT/793/02 20 Mar 2003 EAT Mr Commissioner Howell QC Employment EAT Equal Pay Act - Article 141 Â Christie and others v John E Haith Ltd [2003] EAT 0793_02_2003 20 Mar 2003 EAT Employment [ Bailii ] Â M A Christie, S J Moran, M Garratt v John E Haith Limited EAT/793/02 20 Mar 2003 EAT Mr Commissioner Howell Qc Employment EAT Equal Pay Act - Article 141 [ EATn ] Â Lansing Linde Severnside Ltd v M Gibbs EAT/495/02 20 Mar 2003 EAT The Honourable Mr Justice Burton (P) Employment EAT Unfair Dismissal - Exclusions including worker/jurisdiction. [ EATn ] Â Gamestec Leisure Ltd v B Magee EAT/419/02; [2003] EAT 0419_02_2003; [2003] UKEAT 0419_02_2003 20 Mar 2003 EAT The Honourable Mr Justice Burton Discrimination, Employment EAT Disability Discrimination - Disability EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ Bailii ] - [ Bailii ] - [ EATn ] Â Dolega-Ossowski v Harvey Nichols [2003] EAT 1300_02_2003; [2003] UKEAT 1300_02_2003 20 Mar 2003 EAT Employment The EAT considered applications for leave to appeal out of time from both parties. Held: "the principal issues in the exercise of the jurisdiction before me today. They are: 1) What is the explanation for the default? 2) Does it provide a good excuse for the default? 3) Are there circumstances which justify the EAT taking the exceptional step of granting an extension of time? " No sufficient reason was given. 1 Cites [ Bailii ] - [ Bailii ] Â Andrew Mcgee v Perth and Kinross Council EATS/0046/02 20 Mar 2003 EAT The Honourable Lord Johnston Employment EAT Time Limits - (no sub-topic) [ EATn ] Â Rajpra v Timet UK Ltd [2003] EAT 0827_02_2103 21 Mar 2003 EAT Employment [ Bailii ] Â Rogan v Dm Engineering (Ni) Ltd [2003] NIIT 3159_01 21 Mar 2003 NIIT Northern Ireland, Employment [ Bailii ] Â Rajpra v Timet UK Ltd [2003] UKEAT 0827_02_2103 21 Mar 2003 EAT Employment [ Bailii ] Â Messrs Bates Wells and Braithwaite (A Firm) v Macfarlane [2003] UKEAT 0616_02_2103 21 Mar 2003 EAT Employment [ Bailii ] Â Messrs Bates Wells and Braithwaite (A Firm) v Macfarlane [2003] EAT 0616_02_2103 21 Mar 2003 EAT Employment [ Bailii ] Â Summer Bridge Doors Ltd v K Pickering EAT/1088/02; [2003] EAT 1088_02_2103; [2003] UKEAT 1088_02_2103 21 Mar 2003 EAT His Hon Judge Mcmullen QC Discrimination, Employment EAT Disability Discrimination - Less favourable treatment EAT Disability Discrimination - Less favourable treatment. 1 Cites [ Bailii ] - [ Bailii ] - [ EATn ] Â Messrs Bates Wells and Braithwaite (A Firm) v W Macfarlane EAT/616/02 21 Mar 2003 EAT His Hon Judge Ansell Employment EAT Unfair Dismissal - Constructive dismissal. [ EATn ] Â Davis v Itnet [2003] UKEAT 0514_02_2103 21 Mar 2003 EAT Employment EAT Unfair Dismissal - Exclusions [ Bailii ] Â Messrs Bates Wells and Braithwaite (A Firm) v W Macfarlane EAT/616/02 21 Mar 2003 EAT His Hon Judge Ansell Employment EAT Unfair Dismissal - Constructive dismissal Â J Hicks v Allied Glass Containers Ltd UKEAT/0905/02 23 Mar 2003 EAT His Honour Judge Ansell Employment EAT Unfair Dismissal - Procedural fairness/automatically unfair dismissal [ EATn ] Â B Rajpra v Timet UK Ltd EAT/827/02 23 Mar 2003 EAT The Honourable Mr Justice Keith Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â B Rajpra v Timet UK Ltd EAT/827/02 23 Mar 2003 EAT The Honourable Mr Justice Keith Employment EAT Unfair Dismissal - Reason for Dismissal Â K Corcoran v Harrison Ingram Christopher Shore EAT/840/02; [2003] EAT 0840_02_2403; [2003] UKEAT 0840_02_2403 24 Mar 2003 EAT The Honourable Mr Justice Burton (P) Employment EAT Practice and Procedure - Amendment 1 Cites 1 Citers [ Bailii ] - [ Bailii ] Â Meizoso Gonzalez v South East Essex Mental Health and Community Care NHS Trust [2003] EWCA Civ 521 24 Mar 2003 CA Employment [ Bailii ] Â Kanji v UK Consumer Electronics Ltd (T/A Boxclever Ltd) [2003] EAT 1332_02_2403 24 Mar 2003 EAT Employment [ Bailii ] Â M Gad-Briggs v Hesley Care Services Ltd EAT/0605/02; [2003] EAT 0605_02_2403; [2003] UKEAT 0605_02_2403 24 Mar 2003 EAT The Honourable Mr Justice Keith Employment EAT Unfair Dismissal - Procedural fairness [ Bailii ] - [ Bailii ] Â Kanji v UK Consumer Electronics Ltd (T/A Boxclever Ltd) [2003] UKEAT 1332_02_2403 24 Mar 2003 EAT Employment [ Bailii ] Â K Corcoran v Harrison Ingram, Christopher Shore EAT/840/02 24 Mar 2003 EAT The Honourable Mr Justice Burton (P) Employment EAT Practice and Procedure - Amendment. [ EATn ] Â M Gad-Briggs v Hesley Care Services Ltd EAT/0605/02 24 Mar 2003 EAT The Honourable Mr Justice Keith Employment EAT Unfair Dismissal - Procedural fairness/automatically unfair dismissal [ EATn ] Â Military Affairs Office of the Embassy of the State of Kuwait v L Caramba-Coker EAT/1054/02 25 Mar 2003 EAT The Honourable Mr Justice Keith Employment EAT Jurisdiction - Â Billson v Mole and others [2003] UKEAT 1430_02_2503 25 Mar 2003 EAT Employment [ Bailii ] Â Rubery v H M Prison Service Agency [2003] EAT 0418_02_2503 25 Mar 2003 EAT Employment [ Bailii ] Â Hicks v Allied Glass Containers Ltd [2003] UKEAT 0905_02_2503 25 Mar 2003 EAT Employment [ Bailii ] Â Carmelo Argenio v Nec Group Ltd and Another [2003] EWCA Civ 523 25 Mar 2003 CA Employment [ Bailii ] Â Wedgewood v Hortimax Ltd [2003] UKEAT 997_01_2503 25 Mar 2003 EAT Employment [ Bailii ] Â J Hicks v Allied Glass Containers Ltd EAT/905/03 25 Mar 2003 EAT His Hon Judge Ansell Employment EAT Unfair Dismissal - Reasonableness of dismissal Â Military Affairs Office of the Embassy of the State of Kuwait v L Caramba-Coker EAT/1054/02 25 Mar 2003 EAT The Honourable Mr Justice Keith Employment EAT Jurisdiction - (no sub-topic). [ EATn ] Â Bachnak v Emerging Markets Partnership (Europe) Ltd [2003] UKEAT 1021_01_2503; EAT/1021/01 25 Mar 2003 EAT His Hon Judge J Burke QC Employment EAT Unfair Dismissal - Procedural fairness/automatically unfair dismissal. 1 Cites 1 Citers [ Bailii ] - [ EATn ] Â Rubery v H M Prison Service Agency [2003] UKEAT 0418_02_2503 25 Mar 2003 EAT Employment [ Bailii ] Â Hicks v Allied Glass Containers Ltd [2003] EAT 0905_02_2503 25 Mar 2003 EAT Employment [ Bailii ] Â Billson v Mole and others [2003] EAT 1430_02_2503 25 Mar 2003 EAT Employment [ Bailii ] Â Excel Technical Mouldings Ltd v W A Shaw EAT/0267/02 & EAT/0524/02 26 Mar 2003 EAT The Honourable Mr Justice Burton (President) Employment EAT Redundancy - Definition [ EATn ] Â Bibby v AEEU [2003] EAT 0927_02_2603 26 Mar 2003 EAT Employment [ Bailii ] Â Bibby v AEEU [2003] UKEAT 0927_02_2603 26 Mar 2003 EAT Employment [ Bailii ] Â Excel Technical Mouldings Ltd v Shaw [2003] UKEAT 0267_02_2603 26 Mar 2003 EAT Employment [ Bailii ] Â Excel Technical Mouldings Ltd v Shaw [2003] EAT 0267_02_2603 26 Mar 2003 EAT Employment [ Bailii ] Â R F Phipps v Bradford Hospitals NHS Trust EAT/531/02 26 Mar 2003 EAT His Hon Judge Clark Employment EAT Unfair Dismissal - Reason for Dismissal Â Excel Technical Mouldings Ltd v W A Shaw EAT/0524/02; EAT/0267/02 26 Mar 2003 EAT The Honourable Mr Justice Burton (President) Employment EAT Redundancy - Definition Â R F Phipps v Bradford Hospitals NHS Trust EAT/531/02 26 Mar 2003 EAT His Hon Judge Clark Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason - [ EATn ] Â Peoples (Liverpool) Ltd [2003] UKEAT 1084_01_2703 27 Mar 2003 EAT Employment [ Bailii ] Â M Bower v Hughes Hooker and Co Solicitors R T Marc J Bielecki [2003] EAT 1076_02_2703; [2003] UKEAT 1076_02_2703 27 Mar 2003 EAT The Honourable Mr Justice Keith Employment EAT Practice and Procedure - New evidence on appeal [ Bailii ] - [ Bailii ] Â Pittards Plc v Poole [2003] EAT 978_02_2703 27 Mar 2003 EAT Employment [ Bailii ] Â D Stewart v H Ms Prison Service EAT/1430/01 27 Mar 2003 EAT Mr Commissioner Howell Qc Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â Lee v Relate Berkshire [2003] UKEAT 1458_01_2703 27 Mar 2003 EAT Employment [ Bailii ] Â Sterlite Industries (India) Ltd v Bhatia [2003] EAT 194_02_2703 27 Mar 2003 EAT Keith J Employment The respondent had been found to be unfairly dismissed. The appellants wished to appeal and sought disclosure of certain documents from the respondent's solicitors. They now appealed against that refusal. Held: The appeal succeeded. The chairman had failed to give adequate reasons for the refusal, and indeed the order should have been made. The papers were essential to the preparation of the company's case, and the arrangement had left them unable to defend the calculation of the substantial claim. 1 Cites [ Bailii ] Â Fairhurst Ward Abbots Ltd v Botes Building Ltd and Another Times, 16 April 2003; Gazette, 05 June 2003; EAT/1007/00; [2003] EAT 1007_00_2703; [2003] UKEAT 1007_00_2703 27 Mar 2003 EAT J Burke Employment The company claimed that on the transfer of its business, the fact that the undertaking would be conducted by more than one company meant that the regulations did not apply. Held: A substantial protection for employees would be lost if the contention succeeded. The regulations did not require that the part transferred had was of itself a separate economic entity before the transfer. Not every case would fall within the regulations, but this one did. Acquired Rights Directive 77/187/EEC - Council Directive 2001/23/EEC - Transfer of Undertakings (Protection of Employment) Regulations 1981 (1981 No 1794) 3 1 Citers [ Bailii ] - [ Bailii ] - [ EATn ] Â Pittards Plc v Poole [2003] UKEAT 978_02_2703 27 Mar 2003 EAT Employment [ Bailii ] Â Stewart v Hm Prison Service [2003] UKEAT 1430_01_2703 27 Mar 2003 EAT Employment [ Bailii ] Â M Bower v Hughes Hooker and Co Solicitors, R T Marc, J Bielecki EAT/1076/02 27 Mar 2003 EAT The Honourable Mr Justice Keith Employment EAT Practice and Procedure - New evidence on appeal. [ EATn ] Â W A Duthie v Bath and North East Somerset Council EAT/561/02 27 Mar 2003 EAT His Hon Judge Ansell Employment EAT Unfair Dismissal - (no sub-topic). [ EATn ] Â D Stewart v HM Prison Service EAT/1430/01 27 Mar 2003 EAT Mr Commissioner Howell QC Employment EAT Procedural Issues - Employment Tribunal Â Sterlite Industries (India) Ltd v Bhatia [2003] UKEAT 194_02_2703 27 Mar 2003 EAT Employment [ Bailii ] Â S Em v Ucatt EAT/105/03 28 Mar 2003 EAT His Hon Judge Ansell Employment EAT Practice and Procedure - Application Â Emms v UCATT [2003] EAT 0105_03_2803; EAT/105/03 28 Mar 2003 EAT His Hon Judge Ansell Employment EAT Practice and Procedure - Application/Claim. 1 Cites 1 Citers [ Bailii ] - [ EATn ] Â Em v Ucatt [2003] UKEAT 0105_03_2803 28 Mar 2003 EAT Employment [ Bailii ] Â Department for Education and Skills v D J Hogg J E Mason Dr D R Pickersgill EAT/0884/02 28 Mar 2003 EAT His Honour Judge Peter Clark Employment EAT Unfair Dismissal - Contributory fault Â Department for Education and Skills v Hogg, Mason, Dr Pickersgill EAT/0884/02 28 Mar 2003 EAT His Honour Judge Peter Clark Employment EAT Unfair Dismissal - Contributory fault. [ EATn ] Â Spence v Install International Ltd [2003] NIIT 1467_03 28 Mar 2003 NIIT Northern Ireland, Employment [ Bailii ] Â Synaptek Ltd v Young (Inspector of Taxes) Times, 07 April 2003; Gazette, 05 June 2003; [2003] ICR 1149 28 Mar 2003 ChD Hart J Company, Income Tax, Employment The taxpayer was a computer consultant working through the medium of a limited liability company. The respondent sought to make him liable for social security contributions as an employee of the business which used his services. Held: The anti-avoidance provisions were effective. The court listed the factors which weighed on either side of asking whether he was an employee, but included that he only financial risk to him was of the client company's insolvency, the contract was for a fixed period. And he was integrated into the work force, having a line manager. What weight was to be given to each factor was a matter of fact for the commissioners, and the court was unable to say that they were wrong in law. Finance Act 2000 - Social Security Contributions (Intermediaries) regulations 2000 (2000 No 727) 6 1 Cites 1 Citers Â K J Jones v the Governing Body of Barton Court Grammar School UKEAT/920/SM 28 Mar 2003 EAT Mr Commissioner Howell Qc Employment EAT Contract of Employment - Notice and pay in lieu. [ EATn ] Â Mitchell and others v Amersham and Wycombe College EAT/483/02; [2003] EAT 0483_02_3103; [2003] UKEAT 0483_02_3103 31 Mar 2003 EAT His Honour Judge Peter Clark Employment EAT Working Time Regulations - An appeal by Ms Mitchell, Ms Lynn and Mr Nagulendran, part-time lecturers employed by the Respondent College, against a decision of the London (Central) Employment Tribunal promulgated with extended reasons on 22 March 2002, dismissing their complaints of failure to pay holiday pay contrary to the Working Time Regulations 1998 (the Regulations). 1 Cites [ Bailii ] - [ Bailii ] - [ EAT ] Â D C D'Souza v London Borough Lambeth and others EAT/395/99 EAT/23/00 & EAT/46 1 Apr 2003 EAT The Honourable Mr Justice Mitting Employment EAT Employment Agencies Act 1973 - Â A Whitmore v Commissioners of Inland Revenue EAT/727/02; [2003] EAT 0727_02_0104; [2003] UKEAT 0727_02_0104 1 Apr 2003 EAT His Hon Judge J Burke QC Employment EAT Contract of Employment - Damages for breach of contract [ Bailii ] - [ Bailii ] - [ EATn ] Â Munro v M P B Structures Ltd [2003] ScotCS 90; Times, 24 April 2003 1 Apr 2003 IHCS Lord Cullen (Lord President), Lady Cosgrove, Lord Carloway Employment, Scotland The respondent firm paid their staff holiday pay by adding a proportion to each wage packet. The employee complained that this was in breach of the regulations. Held: The Regulations gave effect to the directive. The directive treated holiday pay and the right to annual leave as one entitlement, and the separation of the right to leave, but the Regulations created separate rights. The regulations did leave member states some room for interpretation, but it was essential that the holiday pay entitlement be paid in association with the taking of the leave, otherwise the effect might be to discourage workers from taking their leave. The contract provision was void, and the payments had not discharged the right to holiday pay. Working Time Regulations 1998 (SI 1998 no 1833) 16(1) - Working Time Directive (Council Directive 93/104/EC) 1 Cites [ Bailii ] - [ ScotC ] Â Balfour Kilpatrick Ltd v Acheson and others [2003] UKEAT 1412_01_0104 1 Apr 2003 EAT Employment [ Bailii ] Â Dave v Robinska [2003] UKEAT 0950_02_0104 1 Apr 2003 EAT Employment [ Bailii ] Â Richard John Bezant Dr Lanning May Bezant v Tertiary Enterprises Ltd ( Formerly Wadhurst Park Ltd (In Liquidation) EAT/1308/01 & EAT/106/02 1 Apr 2003 EAT The Honourable Mr Justice Burton (P) Employment EAT Unfair Dismissal - Other Â Fry v Ministry of Defence [2003] UKEAT 0146_02_0104 1 Apr 2003 EAT Employment [ Bailii ] Â D C D'Souza v London Borough Lambeth and others EAT/395/99 EAT/23/00 & EAT/46 1 Apr 2003 EAT The Honourable Mr Justice Mitting Employment EAT Employment Agencies Act 1973 - (no sub-topic). [ EATn ] Â Richard John Bezant, Dr Lanning May Bezant v Tertiary Enterprises Ltd ( Formerly Wadhurst Park Ltd (In Liquidation) EAT/1308/01 & EAT/106/02 1 Apr 2003 EAT The Honourable Mr Justice Burton (P) Employment EAT Unfair Dismissal - Other [ EATn ] Â Dave v Robinska [2003] EAT 0950_02_0104 1 Apr 2003 EAT Employment [ Bailii ] Â Fry v Ministry of Defence [2003] EAT 0146_02_0104 1 Apr 2003 EAT Employment [ Bailii ] Â British Polythene Ltd (T/A Bpi Stretchfilms) v Bishop [2003] EAT 1048_02_0204 2 Apr 2003 EAT Employment [ Bailii ] Â Lancaster Fibre Technology Ltd v S Walshaw EAT/1028/02 2 Apr 2003 EAT His Honour Judge J Burke QC Employment EAT Unfair Dismissal - Compensation Â British Polythene Ltd (T/A Bpi Stretchfilms) v Bishop [2003] UKEAT 1048_02_0204 2 Apr 2003 EAT Employment [ Bailii ] Â Lancaster Fibre Technology Ltd v Walshaw [2003] UKEAT 1028_02_0204 2 Apr 2003 EAT Employment [ Bailii ] Â M Burns v Consignia Plc, K Humphrey EAT/873/02 2 Apr 2003 EAT The Honourable Mr Justice Burton Employment EAT Practice and Procedure - Amendment. [ EATn ] Â British Polythene Ltd T/A BPI Stretchfill v R Bishop EAT/1048/02 2 Apr 2003 EAT His Hon Judge Mcmullen QC Employment EAT Practice and Procedure - Bias, misconduct and procedural irregularity Â M Burns v Consignia Plc K Humphrey EAT/873/02; [2003] EAT 0873_02_0204; [2003] UKEAT 0873_02_0204 2 Apr 2003 EAT The Honourable Mr Justice Burton Employment EAT Practice and Procedure - Amendment 1 Citers [ Bailii ] - [ Bailii ] Â Lancaster Fibre Technology Ltd v S Walshaw EAT/1028/02 2 Apr 2003 EAT His Honour Judge J Burke Qc Employment EAT Unfair Dismissal - Compensation. [ EATn ] Â Lancaster Fibre Technology Ltd v Walshaw [2003] EAT 1028_02_0204 2 Apr 2003 EAT Employment [ Bailii ] Â British Polythene Ltd T/A Bpi Stretchfilms v R Bishop EAT/1048/02 2 Apr 2003 EAT His Hon Judge Mcmullen Qc Employment EAT Practice and Procedure - Bias, misconduct and procedural irregularity. [ EATn ] Â Diale v Pendlebury Health Care Ltd [2003] EAT 0112_02_0304 3 Apr 2003 EAT Employment [ Bailii ] Â Parliament v Samper C-277/01; [2003] EUECJ C-277/01P 3 Apr 2003 ECJ Employment (Judgment) Appeals - Officials - Reconstruction of career - Consideration of comparative merits [ Bailii ] Â Carrasi v Department for Environment, Food and Rural Affairs [2003] EAT 187_02_0304 3 Apr 2003 EAT Employment [ Bailii ] Â R F Brookes Ltd v Bachra [2003] EAT 32_03_0304; [2003] UKEAT 32_03_0304 3 Apr 2003 EAT Employment 1 Cites [ Bailii ] - [ Bailii ] Â Visa International Service Association v Paul EAT/97/2 EAT/98/02/EAT/327/02 3 Apr 2003 EAT His Hon Judge Clark Employment EAT Practice and Procedure - Application Â Visa International Service Association, D L Paul v D L Paul, Visa International Service Association EAT/97/2 EAT/98/02/EAT/327/02 3 Apr 2003 EAT His Hon Judge Clark Employment EAT Practice and Procedure - Application/Claim. [ EATn ] Â Smith v Dhss and others [2003] NIIT 2757_02 3 Apr 2003 NIIT Northern Ireland, Employment [ Bailii ] Â Mckenna v Department of Agriculture and Rural Development (Application for Review) [2003] NIIT 24 3 Apr 2003 NIIT Northern Ireland, Employment [ Bailii ] Â Nicholls v London Borough of Greenwich [2003] EWCA Civ 416; Times, 21 April 2003 3 Apr 2003 CA Lord Justice May, Lord Justice Mummery The President Constitutional, Employment The claimant had been employed by the respondent, and earned a pension. She challenged legislation which appeared to operate retrospectively to reduce that pension. The respondent argued that the amount agreed to be paid exceeded the maximum statutory amount, and that a payment made upon termination was not to an officer holding a position. Held: The promise of payment of a retirement gratuity was a term or condition of the contract appointing her to hold office as a school cleaner. It was a part of her employment package. That her contract was terminating did not mean it was not paid to her as a person holding office. Retrospectivity which appeared to take away a right should only be read from the clearest of words. Superannuation Act 1972 7 1 Cites [ Bailii ] Â Diale v Pendlebury Health Care Ltd [2003] UKEAT 0112_02_0304 3 Apr 2003 EAT Employment [ Bailii ] Â Carrasi v Department for Environment, Food and Rural Affairs [2003] UKEAT 187_02_0304 3 Apr 2003 EAT Employment [ Bailii ] Â Sule-Charles v Customs and Excise [2003] UKEAT 1310_01_0304 3 Apr 2003 EAT Employment 1 Cites [ Bailii ] Â Euromech Ltd v Bendelow EAT/1102/02 4 Apr 2003 EAT His Hon Judge Mcmullen QC Employment EAT Practice and Procedure - Appearance Â Alimoradian v Vera Productions Ltd [2003] EAT 0183_02_0404 4 Apr 2003 EAT Employment [ Bailii ] Â Alimoradian v Vera Productions Ltd [2003] UKEAT 0183_02_0404 4 Apr 2003 EAT Employment [ Bailii ] Â Talbot v S Com Group Plc EAT/835/02; [2003] EAT 0835_02_0404; [2003] UKEAT 0835_02_0404 4 Apr 2003 EAT His Hon Judge J Burke QC Employment EAT Contract of Employment - Definition of employee [ Bailii ] - [ Bailii ] - [ EATn ] Â Milner v University of Greenwich [2003] EAT 0882_02_0404; [2003] UKEAT 0882_02_0404 4 Apr 2003 EAT Employment [ Bailii ] - [ Bailii ] Â Euromech Ltd v Bendelow [2003] EAT 1102_02_0404 4 Apr 2003 EAT Employment [ Bailii ] Â Euromech Ltd v Bendelow [2003] UKEAT 1102_02_0404 4 Apr 2003 EAT Employment [ Bailii ] Â Euromech Ltd v Bendelow EAT/1102/02 4 Apr 2003 EAT His Hon Judge Mcmullen Qc Employment EAT Practice and Procedure - Appearance/Response. [ EATn ] Â Brown v Lesmar Office Supplies (Application Dismissed) [2003] NIIT 25 4 Apr 2003 NIIT Northern Ireland, Employment [ Bailii ] Â Brown v Lesmar Office Supplies [2003] NIIT 45_03 4 Apr 2003 NIIT Northern Ireland, Employment [ Bailii ] Â Mcilroy v ADT Fire and Security [2003] NIIT 1000_02 4 Apr 2003 NIIT Northern Ireland, Employment [ Bailii ] Â British Broadcasting Corporation, Regina (on the Application Of) v Central Arbitration Committee [2003] EWHC 1375 (Admin) 6 Apr 2003 Admn Employment [ Bailii ] Â K Hanly M De Bergolis v Norinchukin International Plc EAT/448/02 & EAT/449/02; UKEAT/0448/02 & EAT/0449/02 7 Apr 2003 EAT His Hon Judge Clark Discrimination, Employment EAT Race Discrimination - Direct EAT Race Discrimination - Indirect EAT Procedural Issues - Employment Tribunal. EAT Race Discrimination - Indirect. 1 Cites [ EATn ] Â Kelsall v Lewisham Social Care and Health [2003] EAT 911_02_0704 7 Apr 2003 EAT Employment [ Bailii ] Â Wright v Walcott and Another (T/A Ellerslie House Outreach Project) [2003] EAT 0698_02_0704 7 Apr 2003 EAT Employment [ Bailii ] Â Securicor Omega Express Ltd v GMB (A Trade Union) EAT/901/02; EAT/877/02; [2003] UKEAT 0877_02_0704; [2004] IRLR 9 7 Apr 2003 EAT The Honourable Mr Justice Burton (P) Employment EAT The company decided to close two branches and make redundancies. They presented the closure itself as a fait accompli to the union representatives. The Tribunal found that this involved a failure to consult about ways of avoiding redundancies because the decision to close had been determined prior to any meeting with the union. Held: The employer's appeal succeeded. Mr Justice Burton said: "In the light of that analysis of the law, we turn to our conclusions on the facts of this case. We are satisfied that the Tribunal erred in law. The fundamental way in which they erred was the approach they took in paragraphs 23 and 25 of the decision, in which the tribunal concluded that because there had been no consultation in relation to the decision to close the branches, therefore, there could not be held to have been consultation at all. Judge Clark in his summary of the law, to which we have referred, and with which we agree, in Middlesbrough, expressly referred to the decision in Vardy (R v British Coal Corporation and Secretary of State for Trade and Industry ex party Vardy and others [1993] IRLR 104), a decision of the Divisional Court, given on behalf of the Court by Glidewell LJ. In that lengthy judgment at paragraph 116, Glidewell LJ, having referred to s.188, said this: 'In my judgment this section does not require a consultation about the reasons for the redundancy, including whether or not a plant should close.'" EAT Redundancy - Protective award. Trade Unions and Labour Relations Consolidation Act 1992 188 - Council Directive 75/129 of 17 February 1975 2(3) - Council Directive of 24 June 1992 92/56/EEC 1 Cites 1 Citers [ Bailii ] - [ EATn ] Â British Telecommunications Plc v Asquith [2003] EAT 874_02_0704 7 Apr 2003 EAT Employment [ Bailii ] Â Mullins v Commissioner of Police of the Metropolis [2003] UKEAT 1440_01_0704 7 Apr 2003 EAT Employment [ Bailii ] Â Kelsall v Lewisham Social Care and Health [2003] UKEAT 911_02_0704 7 Apr 2003 EAT Employment [ Bailii ] Â British Telecommunications Plc v I Asquith EAT/874/02 7 Apr 2003 EAT His Honour Judge Birtles Employment EAT Contract of Employment - Written particulars. [ EATn ] Â Wright v Walcott and Another (T/A Ellerslie House Outreach Project) [2003] UKEAT 0698_02_0704 7 Apr 2003 EAT Employment [ Bailii ] Â Caramba UK Ltd v Ms J Burrell EAT/1175/02 7 Apr 2003 EAT His Hon Judge Birtles Qc Employment EAT Practice and Procedure - Striking-out/dismissal. [ EATn ] Â Caramba UK Ltd v J Burrell EAT/1175/02; [2003] EAT 1175_02_0704; [2003] UKEAT 1175_02_0704 7 Apr 2003 EAT His Hon Judge Birtles QC Employment EAT Practice and Procedure - Striking-out [ Bailii ] - [ Bailii ] Â British Telecommunications Plc v I Asquith EAT/874/02 7 Apr 2003 EAT His Hon Judge Birtle Employment EAT Contract of Employment - Written Particulars Â British Telecommunications Plc v Asquith [2003] UKEAT 874_02_0704 7 Apr 2003 EAT Employment [ Bailii ] Â South West Trains v D E Miles EAT/0039/03; [2003] EAT 0039_03_0804; [2003] UKEAT 0039_03_0804 8 Apr 2003 EAT His Honour Judge Prophet Employment EAT Unfair Dismissal - Reasonableness of dismissal [ Bailii ] - [ Bailii ] Â Buffrey, Auker-Howlett, Baldwin v Manpower Plc UKEAT/0443/02 8 Apr 2003 EAT His Honour Judge Burke Qc Employment EAT Contract of Employment - Wrongful dismissal. [ EATn ] Â Â Dunnachie v Kingston Upon Hull City Council; Williams v Southampton Institute; Dawson v Stonham Housing Association; EAT 8-Apr-2003 - EAT/726/02; EAT/848/02; Times, 09 June 2003; [2003] EAT 0726_02_2205; [2003] UKEAT 0726_02_2205 Â Avon Cosmetics Ltd v P Laker EAT/885/02; [2003] EAT 885_02_0804; [2003] UKEAT 885_02_0804 8 Apr 2003 EAT His Hon Judge Clark Employment EAT Unfair Dismissal - Reason for Dismissal [ Bailii ] - [ Bailii ] Â Â J Hyman v Chief Constable of South Wales; EAT 8-Apr-2003 - EAT/892/02; [2003] EAT 892_02_0804; [2003] UKEAT 892_02_0804 Â Â London Borough of Southwark v Jiminez; CA 8-Apr-2003 - [2003] EWCA Civ 502; Gazette, 12 June 2003; [2003] IRLR 477; [2003] ICR 1176 Â Avon Cosmetics Ltd v P Laker EAT/885/02 8 Apr 2003 EAT His Hon Judge Clark Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â Buffrey and others v Manpower Plc [2003] UKEAT 0443_02_0804 8 Apr 2003 EAT Employment [ Bailii ] Â South West Trains v D E Miles EAT/0039/03 8 Apr 2003 EAT His Honour Judge Prophet Employment EAT Unfair Dismissal - Reasonableness of dismissal. [ EATn ] Â Ms K Tyson v Concurrent Systems Incorporated Ltd EAT/0028 9 Apr 2003 EAT His Honour Judge J Burke Qc Employment EAT Unfair Dismissal - Compensation. [ EATn ] Â Xxx v Yyy, Zzz EAT/729/01 & EAT/413/02 9 Apr 2003 EAT The Honourable Mr Justice Mitting Employment EAT Practice and Procedure - Admissibility of evidence. [ EATn ] Â K Tyson v Concurrent Systems Incorporated Ltd EAT/0028 9 Apr 2003 EAT His Honour Judge J Burke QC Employment EAT Unfair Dismissal - Compensation Â Ms K Tyson v Concurrent Systems Incorporated Ltd EAT/28/03 9 Apr 2003 EAT His Hon Judge J Burke Qc Employment EAT Working Time Regulations - (no sub-topic). [ EATn ] Â K Tyson v Concurrent Systems Incorporated Ltd EAT/28/03 9 Apr 2003 EAT His Hon Judge J Burke QC Employment EAT Working Time Regulations Â XXX v YYY, Z EAT/413/02; [2003] UKEAT 0729_01_0904; EAT/729/01 9 Apr 2003 EAT The Honourable Mr Justice Mitting Discrimination, Employment EAT Sex Discrimination - Inferring discrimination [ Bailii ] Â Parry v Britsec International Ltd [2003] UKEAT 0086_03_0904 9 Apr 2003 EAT Employment [ Bailii ] Â Tyson v Concurrent Systems Incorporated Ltd [2003] EAT 0028_03_0904 9 Apr 2003 EAT Employment [ Bailii ] Â Parry v Britsec International Ltd [2003] EAT 0086_03_0904 9 Apr 2003 EAT Employment [ Bailii ] Â A Mansi and S M Mansi v D K Warne A C Straw and S M Straw EAT/853/02 9 Apr 2003 EAT His Hon Judge Birtles Employment EAT Unfair Dismissal - Exclusions Â Tyson v Concurrent Systems Incorporated Ltd [2003] UKEAT 0028_03_0904 9 Apr 2003 EAT Employment [ Bailii ] Â A Mansi and S M Mansi v D K Warne, A C Straw and S M Straw EAT/853/02 9 Apr 2003 EAT His Hon Judge Birtles Employment EAT Unfair Dismissal - Exclusions including worker/jurisdiction. [ EATn ] Â Sherif v Addenbrookes NHS Trust [2003] EAT 0096_03_0904; [2003] UKEAT 0096_03_0904 9 Apr 2003 EAT Employment [ Bailii ] - [ Bailii ] Â Wilkinson v Readyuse Concrete Co Ltd (Statute Barred) [2003] NIIT 28 10 Apr 2003 NIIT Northern Ireland, Employment [ Bailii ] Â Haney v Brent Mind and Another [2003] UKEAT 0054_03_1004 10 Apr 2003 EAT Employment [ Bailii ] Â Â De Haney v Mind, Lang; EAT 10-Apr-2003 - EAT/54/03 Â Haney v Brent Mind and Another [2003] EAT 0054_03_1004 10 Apr 2003 EAT Employment [ Bailii ] Â Mccartney v Aldergrove Developments Ltd and others (Sex Discrimination) [2003] NIIT 27 10 Apr 2003 NIIT Northern Ireland, Employment [ Bailii ] Â Lerica v British Telecommunications Plc and others [2003] UKEAT 1492_01_1004 10 Apr 2003 EAT Employment [ Bailii ] Â Raymond Franks v Reuters Limited, First Resort Employment Limited [2003] EWCA Civ 417; Times, 23 April 2003; [2003] IRLR 423; [2003] ICR 1166 10 Apr 2003 CA Lord Justice Mummery Lord Justice Thorpe The President Employment The appellant challenged the decision that he had not been an employee of the respondent. He had worked for them first through an agency, and come to be closer to them, but was still not paid sick pay. He complained that the tribunal had decided he was not an employee without first listening to the evidence to see whether there was an employment contract implied. Held: The tribunal had not clearly addressed the question of whether a contract existed. The appeal was allowed and the case was remitted to a fresh tribunal to determine whether there was an implied contract of service between the applicant and the end-user. 1 Cites 1 Citers [ Bailii ] Â Mccartney v Aldergrove Developments Ltd and others [2003] NIIT 1784_01 10 Apr 2003 NIIT Northern Ireland, Employment [ Bailii ] Â Kirton v Tetrosyl Ltd [2003] EWCA Civ 619 10 Apr 2003 CA Employment [ Bailii ] Â Wilkinson v Readyuse Concrete Co Ltd [2003] NIIT 7_03 10 Apr 2003 NIIT Northern Ireland, Employment [ Bailii ] Â Johnson v Bank of England [2003] UKEAT 0334_02_1004 10 Apr 2003 EAT Employment [ Bailii ] Â Military Affairs Office of the Embassy of the State of Kuwait v Caramba-Coker [2003] UKEAT 1054_02_1004 10 Apr 2003 EAT Employment The appellant challenged a finding of race discrimination against the respondent, saying the court had no jurisdiction. 1 Cites [ Bailii ] Â Bezant and Another v Tertiary Enterprises Ltd [2003] UKEAT 1308_01_1004 10 Apr 2003 EAT Employment [ Bailii ] Â Military Affairs Office of the Embassy of the State of Kuwait v Caramba-Coker [2003] EAT 1054_02_1004 10 Apr 2003 EAT Keith J Employment The claimant had been employed at the Embassy as a shipping clerk. When he presented a claim for unfair dismissal and race discrimination, the Embassy now appealed saying that the Tribunal did not have jurisdiction over it. 1 Citers [ Bailii ] Â Polyflor Limited v I Old EAT/482/02 10 Apr 2003 EAT His Hon Judge Clark Employment EAT Unfair Dismissal - Procedural Fairness Â Polyflor Limited v I Old EAT/482/02 10 Apr 2003 EAT His Hon Judge Clark Employment EAT Unfair Dismissal - Procedural fairness/automatically unfair dismissal. [ EATn ] Â Forward Technology Industries Ltd v Bolger [2003] EAT 0493_02_1104; [2003] UKEAT 0493_02_1104; EAT/0493/02 11 Apr 2003 EAT His Honour Judge Prophet Employment EAT Unfair Dismissal - Compensation. [ Bailii ] - [ Bailii ] - [ EAT ] Â Grady v HM Prison Service [2003] EWCA Civ 527; Times, 18 April 2003; [2003] 3 All ER 745 11 Apr 2003 CA Thorpe, Sedley LJJ, Richards J Employment, Insolvency The applicant appealed striking out of her employment claims against the respondent. She had been made bankrupt after lodging her appeal to the EAT, and the EAT had held that she lacked standing to pursue her claim. Held: Employment claims are in their essential nature personal and not proprietary, and did not vest in the trustee in bankruptcy. A claim for re-instatement or re-engagement and some of the compensation awards were not capable of being things in action, though the eventual fund created in any award might be. There is "no bright line" between personal rights of action and those which form part of a bankrupt's estate, but that all the reasoning in the authorities "tends to place on the non-vesting side of the line a claim which is primarily directed at the restoration of a contractual relationship in which the claimant's skill and labour are the essential commodity". Employment Rights Act 1996 112 113 114 115 116 117 1 Citers [ Bailii ] Â Doku v Georgica Cue Sports Ltd [2003] UKEAT 0062_03_1104 11 Apr 2003 EAT Employment Preliminary hearing against rejection of unfair dismissal and unlawful deduction claims. [ Bailii ] Â Kopel v Safeway Stores Plc EAT/281/02; [2003] EAT 0281_02_1104; [2003] UKEAT 0281_02_1104; [2003] IRLR 753 11 Apr 2003 EAT The Honourable Mr Justice Mitting Employment, Costs EAT The Tribunal had concluded that the claimant’s refusal of an employer’s offer amounted to unreasonable conduct. Held: Mittig J said: "The Employment Appeal Tribunal had not erred in exercising its discretion under Rule 14(1)(a) of the Employment Tribunal’s Rules of Procedure and making a Costs Order against the applicant on the grounds that part of her claim was seriously misconceived and that her failure to accept the employer’s substantial offer of settlement was unreasonable conduct of the proceedings." As to the use of Calderbank offers in employment law proceedings: "There is no question of any rule in Calderbank v Calderbank applying to proceedings before the employment tribunal. The principle in Calderbank is that a party to matrimonial proceedings against whom a money claim is made can protect his position as to costs by making an offer of settlement marked without prejudice save as to costs. The offer may not be referred to during the main hearing but may be once judgment is given: if the order made is less favourable than the offer, the court may take the offer into account when considering what if any order for costs to make." and "There is no doubt, however, that an offer of the Calderbank type is a factor which the employment tribunal can take into account under rule 14." 1 Citers [ Bailii ] - [ Bailii ] - [ EATn ] Â Gamestec Leisure Ltd v Stone EAT/809/02; [2003] EAT 809_02_1104; [2003] UKEAT 809_02_1104 11 Apr 2003 EAT His Hon Judge Birtle Employment EAT Unfair Dismissal - Compensation 1 Citers [ Bailii ] - [ Bailii ] - [ EAT ] Â C Harrison v London Fire and Emergency Planning Authority Formley Lfcda G Luke EAT/477/02; [2003] EAT 0477_02_1305; [2003] UKEAT 0477_02_1305 11 Apr 2003 EAT His Hon Judge Clark Employment, Discrimination EAT Race Discrimination - Direct 1 Cites [ Bailii ] - [ EATn ] Â Photocorporation (UK) Ltd v Truelove 0080/03; [2003] EAT 0080_03_1104; [2003] UKEAT 0080_03_1104 11 Apr 2003 EAT His Honour Judge J Mcmullen QC Employment EAT Unfair Dismissal - Procedural fairness. The tribunal was asked as to the alleged constructive unfair dismissal of a senior manager whose partner leaves and subsequently joins the competition, creating genuine fears in the mind of the Respondent about the leakage of sensitive information. 1 Cites 1 Citers [ Bailii ] - [ Bailii ] Â Bennett v Somerfield Stores Ltd [2003] EAT 1162_02_1104 11 Apr 2003 EAT Prophet J Employment Appeal against rejection of claim for unfair dismissal - factual finding challenges only - appeal rejected. [ Bailii ] Â Walker v Co-operative Insurance Society [2003] EWCA Civ 632 11 Apr 2003 CA Employment [ Bailii ] Â Hca International Ltd v Bpp Law Courses Ltd [2003] UKEAT 0306_03_1404 14 Apr 2003 EAT Employment [ Bailii ] Â Pacific Direct Ltd v Riaz [2003] EAT 0072_02_1404 14 Apr 2003 EAT Employment [ Bailii ] Â Kent County Constabulary v Baskerville [2003] UKEAT 839_02_1404 14 Apr 2003 EAT Employment [ Bailii ] Â Pacific Direct Ltd v N Riaz EAT/72/02 14 Apr 2003 EAT His Hon Judge Clark Employment EAT Unfair Dismissal - Compensation. [ EATn ] Â Kent County Constabulary v Baskerville [2003] EAT 839_02_1404 14 Apr 2003 EAT Employment [ Bailii ] Â Pacific Direct Ltd v Riaz [2003] UKEAT 0072_02_1404 14 Apr 2003 EAT Employment [ Bailii ] Â Hca International Ltd v Bpp Law Courses Ltd [2003] EAT 0306_03_1404 14 Apr 2003 EAT Employment [ Bailii ] Â Gmb v Amicus (Aeeu and Msf) and others [2003] EAT 1094_02_1404 14 Apr 2003 EAT Employment [ Bailii ] Â Gmb v Amicus (Aeeu and Msf) and others [2003] UKEAT 1094_02_1404 14 Apr 2003 EAT Employment [ Bailii ] Â South Holland District Council v J Stamp and 13 others EAT/1097/02; [2003] EAT 1097_02_0306; [2003] UKEAT 1097_02_0306 14 Apr 2003 EAT His Hon Judge Birtles Employment EAT National Minimum Wage National Minimum Wage Regulations 1999& 1 Citers [ Bailii ] - [ Bailii ] - [ EATn ] Â GMB Amicus (AEEU and MSF) v Amicus (AEEU and MSF) Beloit Walmsley Ltd (In Administration) Gmb EAT/1094/02 and EAT/1095/02 14 Apr 2003 EAT The Honourable Mr Justice Mitting Employment EAT Redundancy - Collective consultation and information Â Gmb, Amicus (Aeeu and Msf) v Amicus (Aeeu &Msf), Beloit Walmsley Ltd (In Administration), Gmb EAT/1094/02 & EAT/1095/02 14 Apr 2003 EAT The Honourable Mr Justice Mitting Employment EAT Redundancy - Collective consultation and information. [ EATn ] Â Pacific Direct Ltd v N Riaz EAT/72/02 14 Apr 2003 EAT His Hon Judge Clark Employment EAT Unfair Dismissal - Compensation Â Redrow (Yorkshire ) Ltd, Redrow Homes (North West) Ltd v B Wright, K Roberts and others EAT/337/02 & EAT/1232/02 15 Apr 2003 EAT His Hon Judge Clark Employment EAT Working Time Regulations - (no sub-topic). [ EATn ] Â Mannerwild Ltd T/A Axis v J A Wainwright EAT/224/02 15 Apr 2003 EAT His Hon Judge Mcmullen Qc Employment EAT Practice and Procedure - Bias, misconduct and procedural irregularity. [ EATn ] Â D Sharpe v Fourseasons Healthcare Ltd EAT/0078/03 15 Apr 2003 EAT The Honourable Mr Justice Mitting Employment EAT Unfair Dismissal - Contributory fault. [ EATn ] Â Croft v Broadstairs and St Peter's Town Council [2003] EWCA Civ 676 15 Apr 2003 CA Potter LJ Personal Injury, Employment The claimant acted as the town clerk. After an unexpected letter about her conduct there were meetings and correspondence. Her initial shock and distress were so exacerbated that she was rendered incapable of work through depression. The triggering factor was not the work she was required to do but receipt of the letter which the council accepted would not have been written had it known of her psychiatric problems. The judge found for Mrs Croft. Held: The fact that two town councillors knew that Mrs Croft had been undergoing counselling was not enough to establish that the council knew of her psychiatric vulnerability. Potter LJ: that left the council in a position of employers who were entitled to expect ordinary robustness in Mrs Croft in an employment context, including disciplinary matters in which she had never been involved before. Her breakdown was not reasonably foreseeable. 1 Citers [ Bailii ] Â Â Vincent v M J Gallagher Contractors Ltd; CA 15-Apr-2003 - [2003] EWCA Civ 640; Times, 23 May 2003; [2003] ICR 1244 Â D Sharpe v Fourseasons Healthcare Ltd EAT/0078/03 15 Apr 2003 EAT The Honourable Mr Justice Mitting Employment EAT Unfair Dismissal - Contributory fault Â Gamestec Leisure Ltd v Stone EAT/809/02 15 Apr 2003 EAT His Hon Judge Birtles Employment EAT Procedural Issues - Employment Tribunal 1 Cites [ EAT ] Â Mannerwild Ltd T/A Axis v Wainwright EAT/224/02; [2003] EAT 0224_02_1504; [2003] UKEAT 0224_02_1504 15 Apr 2003 EAT His Hon Judge Mcmullen QC Employment EAT Practice and Procedure - Bias, misconduct and procedural irregularity [ Bailii ] - [ Bailii ] Â Sharp v Fourseasons Healthcare Ltd [2003] EAT 0078_03_1504 15 Apr 2003 EAT Employment [ Bailii ] Â Campbell vOnuegbu and others [2003] UKEAT 1402_01_1504 15 Apr 2003 EAT Employment 1 Cites [ Bailii ] Â Nelson v Carillion Services Ltd Times, 02 May 2003; Gazette, 03 July 2003; [2003] EWCA Civ 544; [2002] ICR 1256 15 Apr 2003 CA Lord Justice Simon Brown, (Vice-President Of The Court Of Appeal Civil Division), Lord Justice Dyson and Lord Justice Scott Baker Employment, Discrimination The appellant challenged dismissal of her claim for equal pay. It had been rejected on the ground that the employer had shown a material factor justifying the difference in pay. Held: Enderby establishes that the burden of proving sex discrimination lies initially on the employee. The burden of proof in indirect discrimination cases should be approached in the same way irrespective of whether they are brought under article 119 (141), under the 1975 Act, or under the 1970 Act. "It is for the claimant to provide the necessary statistics, to show on the balance of probabilities a disproportionate adverse impact and thereby establish a prima facie case that she had suffered indirect discrimination, and that she had failed to do so." Equal Pay Act 1970 1 - Council Directive 75/117EC (the Equal Pay Directive). 1 Cites 1 Citers [ Bailii ] Â Sharp v Fourseasons Healthcare Ltd [2003] UKEAT 0078_03_1504 15 Apr 2003 EAT Employment [ Bailii ] Â Anyanwu v London Borough of Hackney [2003] EAT 0295_02_1504; [2003] UKEAT 0295_02_1504 15 Apr 2003 EAT Mitting J Employment, Discrimination, Damages The claimant had been found to be subject to unlawful sex discrimination, but had had an award of nil damages. She appealed. [ Bailii ] - [ Bailii ] Â Byrnell v BT Plc [2003] EAT 647_02_1504; [2003] UKEAT 647_02_1504 15 Apr 2003 EAT Employment [ Bailii ] - [ Bailii ] Â Redrow (Yorkshire) Ltd Redrow Homes (North West) Ltd v Wright, Roberts and others EAT/1232/02; EAT/337/02; [2003] EAT 337_02_2005; [2003] UKEAT 337_02_2005 15 Apr 2003 EAT His Hon Judge Clark Employment EAT Working Time Regulations [ Bailii ] - [ Bailii ] Â Varma v Halsall [2003] EAT 309_03_1604; [2003] UKEAT 309_03_1604 16 Apr 2003 EAT Employment [ Bailii ] - [ Bailii ] Â Regina (on the Application of Bangert) v South Bank University [2003] EWHC 506 (Admin) 16 Apr 2003 Admn Mr Justice Hooper Employment [ Bailii ] Â Bebb Travel plc v Inland Revenue of England and Wales Times, 25 April 2003; [2003] EWCA Civ 563 16 Apr 2003 CA Ward, Arden May LJJ Employment The revenue issued a notice requiring the respondent to make good low wages paid to their employees. The EAT had held that such a notice could only apply to current employees. The Revenue appealed. Held: Appeal dismissed. The first part of the regulation stated the preconditions for service of a notice, and talked of workers qualifying in the present tense. The distinction was deliberate A valid enforcement notice could only relate to current workers. National Minimum Wages Act 1998 19(1) 1 Cites 1 Citers [ Bailii ] Â Foumeny v University of Leeds [2003] EWCA Civ 557 16 Apr 2003 CA Lord Justice Potter Employment [ Bailii ] Â Lincolnshire County Council Registrar General (Births Marriages and Deaths) v S Hopper EAT/819/01 24 Apr 2003 EAT The Honourable Mr Justice Wall Employment EAT Unfair Dismissal - Constructive dismissal [ EAT ] Â Nyhan v F E Thorpe and Sons Ltd [2003] UKEAT 0751_02_2804 28 Apr 2003 EAT Employment [ Bailii ] Â Nyhan v F E Thorpe and Sons Ltd [2003] EAT 0751_02_2804 28 Apr 2003 EAT Employment [ Bailii ] Â J G Nyhan v F E Thorpe and Sons Ltd EAT/751/02 28 Apr 2003 EAT His Hon Judge Birtles Employment EAT Practice and Procedure - Bias, misconduct and procedural irregularity. [ EATn ] Â J G Nyhan v F E Thorpe and Sons Ltd EAT/751/02 28 Apr 2003 EAT His Hon Judge Birtles Employment EAT Practice and Procedure - Bias, misconduct and procedural irregularity Â Balgillo Caterers Ltd v Lulu Karim Or Meek EATS/0043/02; [2003] UKEAT 0043_02_2804 28 Apr 2003 EAT The Honourable Lord Johnston Employment, Scotland EAT Contract of Employment - Breach of Contract [ Bailii ] - [ EATn ] Â Royal National Theatre Board Ltd v Collins [2003] EAT 0642_02_2904; [2003] UKEAT 0642_02_2904; EAT/642/02 29 Apr 2003 EAT Mr Commissioner Howell QC Employment, Discrimination Appeal against finding of unfair dismissal and disability discrimination. Disability Discrimination Act 1995 4 5(2)(b) 6(1) 1 Citers [ Bailii ] - [ Bailii ] - [ EATn ] Â Edwards v Marconi Corporation Plc [2003] UKEAT 0397_02_2904 29 Apr 2003 EAT Employment [ Bailii ] Â Dr J R Kodali v A R Blythyn EAT/23/03; [2003] EAT 0023_03_2904; [2003] UKEAT 0023_03_2904 29 Apr 2003 EAT His Hon Judge Prophet Employment EAT Unfair Dismissal - Polkey deduction [ Bailii ] - [ Bailii ] Â C Riley-Willia v Argos Limited EAT811/02 29 Apr 2003 EAT His Hon Judge Mcmullen QC Employment EAT Time Off - Public duties Â B R Matthews and others v Kent and Medway Town Fire Authority Royal Berkshire Fire and Rescue Service the Secretary of State for the Home Department EAT/968/02 29 Apr 2003 EAT His Hon Judge Birtles QC Employment, Discrimination EAT Working Time Regulations 1 Cites 1 Citers Â C Riley-Williams v Argos Limited EAT811/02 29 Apr 2003 EAT His Hon Judge Mcmullen Qc Employment EAT Time Off - Public duties [ EATn ] Â Edwards v Marconi Corporation Plc [2003] EAT 0397_02_2904 29 Apr 2003 EAT Employment [ Bailii ] Â Marshall Specialist Vehicles Limited v Osborne EAT/101/02; [2003] EAT 0101_02_2904; [2003] UKEAT 0101_02_2904 29 Apr 2003 EAT The Honourable Mr Justice Burton (P) Employment EAT Unfair Dismissal - Constructive dismissal 1 Cites [ Bailii ] - [ Bailii ] - [ EATn ] Â S A Edwards v Marconi Corporation Plc EAT/0397/02 29 Apr 2003 EAT His Honour Judge J Mcmullen QC Employment EAT Practice and Procedure - Costs Â Jones v London Borough of Havering and Another [2003] UKEAT 1099_01_2904 29 Apr 2003 EAT Employment [ Bailii ] Â Matthews and others v Kent and Medway Town Fire Authority, Royal Berkshire Fire and Rescue Service, the Secretary of State for the Home Dept EAT/968/02 29 Apr 2003 EAT His Hon Judge Birtles Qc Employment EAT Working Time Regulations - (no sub-topic). [ EAT ] Â Dr J R Kodali v A R Blythyn EAT/23/03 29 Apr 2003 EAT His Hon Judge Prophet Employment EAT Unfair Dismissal - Polkey deduction. [ EATn ] Â S A Edwards v Marconi Corporation Plc EAT/0397/02 29 Apr 2003 EAT His Honour Judge J Mcmullen Qc Employment EAT Practice and Procedure - Costs. [ EATn ] Â W A Duthie v Bath and North East Somerset Council Times, 16 May 2003; EAT/561/02; Gazette, 03 July 2003; [2003] EAT 0561_02_2904; [2003] UKEAT 0561_02_2904 29 Apr 2003 EAT Ansell J Employment, Health and Safety The claimant said he had not been given time off from work to attend relevant health and safety training courses. The company responded that the regulations had been repealed, and the tribunal had no jurisdiction. Held: Jurisdiction was maintained under the Regulations. Those Regulations referred to the 1974 Act. After the repeal of the 1974 Act, the case of White applied the same regulations to the successor Act by virtue of the transitional provisions. That Act had now itself been replaced, and a similar logic was now to be used to extend the Regulations to the current Act. Accordingly the jurisdiction of both the employment tribunal and employment appeal tribunal to determine questions under the regulations continued in effect. Safety Representatives and Safety Committees Regulations 1977 (1977 No 500) 4(2) 11(5) - Trade Union and Labour Relations Act 1974 - Employment Tribunals Act 1996 - Employment Protection (Consolidation) Act 1978 128 1 Cites 1 Citers [ Bailii ] - [ Bailii ] Â Grattan Plc v Kamran Hussain EAT/802/02; [2003] EAT 0802_02_0107; [2003] UKEAT 0802_02_0107 30 Apr 2003 EAT His Hon Judge J Burke QC Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. Burke QC discussed the need for an employer to make investigations: "The issue was not whether further investigation might reasonably have been carried out but whether the investigation which had been carried out could be regarded by a reasonable employer as adequate." 1 Citers [ Bailii ] - [ Bailii ] - [ EATn ] Â Phipps v Bradford Hospitals NHS Trust [2003] EAT 531_02_3004 30 Apr 2003 EAT Employment [ Bailii ] Â John v College of North East London [2003] UKEAT 0693_02_3004 30 Apr 2003 EAT Employment [ Bailii ] Â Lorimer v Abedeenshire Council [2003] UKEAT 0055_02_3004 30 Apr 2003 EAT Employment [ Bailii ] Â Omilaju v London Borough of Waltham Forest and others [2003] EAT 1352_01_3004; [2003] UKEAT 1352_01_3004 30 Apr 2003 EAT Employment, Discrimination 1 Cites 1 Citers [ Bailii ] - [ Bailii ] Â Alexander Lorimer v Aberdeenshire Council EATS/0055/02 30 Apr 2003 EAT The Honourable Lord Johnston Employment EAT Unlawful Deduction from Wages - Â Brand v Compro Computer Services Ltd [2003] UKEAT 1164_02_3004 30 Apr 2003 EAT Employment [ Bailii ] Â Von-Goetz v South Thames Department of Post Graduate Medical and Dental Education EAT/1415/01; [2003] UKEAT 1415_01_3004 30 Apr 2003 EAT His Hon Judge Clark Employment EAT Procedural Issues - Employment Appeal Tribunal EAT Procedural Issues - Employment Appeal Tribunal. 1 Cites [ Bailii ] - [ EATn ] Â John v College of North East London [2003] EAT 0693_02_3004 30 Apr 2003 EAT Employment [ Bailii ] Â Brand v Compro Computer Services Ltd [2003] EAT 1164_02_3004 30 Apr 2003 EAT Employment [ Bailii ] Â Phipps v Bradford Hospitals NHS Trust [2003] UKEAT 531_02_3004 30 Apr 2003 EAT Employment [ Bailii ] Â N Brand v Compro Computer Services Ltd EAT/1164/02 30 Apr 2003 EAT The Honourable Mr Justice Wall Employment EAT Contract of Employment - Damages for breach of contract. [ EATn ] Â Alexander Lorimer v Aberdeenshire Council EATS/0055/02 30 Apr 2003 EAT The Honourable Lord Johnston Employment EAT Unlawful Deduction from Wages - (no sub-topic). [ EATn ] Â Wilson T/A Wilson's Greengrocers v Knight EAT/1022/02; [2003] EAT 1022_02_3004; [2003] UKEAT 1022_02_3004 30 Apr 2003 EAT His Honour Judge J Burke QC Discrimination, Employment EAT Sex Discrimination - Pregnancy and discrimination 1 Cites [ Bailii ] - [ Bailii ] - [ EATn ] Â N Brand v Compro Computer Services Ltd EAT/1164/02 30 Apr 2003 EAT The Honourable Mr Justice Wall Employment EAT Contract of Employment - Damages for breach of contract Â D Jardine, W Collins v Cameron Linn Ltd EATS/0050/02 1 May 2003 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Compensation. [ EATn ] Â Surrey County Council v Tilak [2003] EAT 0990_02_0105 1 May 2003 EAT Employment [ Bailii ] Â D Jardine W Collins v Cameron Linn Ltd EATS/0050/02 1 May 2003 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Compensation Â John Shackleton Kendall v Tibbett and Britten Group Plc EATS/0053/03 1 May 2003 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Compensation. [ EATn ] Â Hm Prison Service v N B Hammouda EAT/29/03 1 May 2003 EAT His Hon Judge Birtles Qc Employment EAT Practice and Procedure - Bias, misconduct and procedural irregularity. [ EATn ] Â Abegaze v South East Essex College and Another [2003] UKEAT 0862_02_0105 1 May 2003 EAT Employment 1 Citers [ Bailii ] Â John Shackleton Kendall v Tibbett and Britten Group Plc EATS/0053/03 1 May 2003 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Compensation Â Riniker v Waymark Holidays Ltd [2003] EAT 0061_03_0105; [2003] UKEAT 0061_03_0105 1 May 2003 EAT Employment [ Bailii ] - [ Bailii ] Â R Grant v Kent County Council EAT/1019/02 1 May 2003 EAT His Hon Judge J Burke Qc Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â Kendall v Tibbett and Britten Group Plc [2003] UKEAT 0053_02_0105 1 May 2003 EAT Employment [ Bailii ] Â Hm Prison Service v N B Hammouda EAT/29/03 1 May 2003 EAT His Hon Judge Birtles QC Employment EAT Practice and Procedure - Bias, misconduct and procedural irregularity Â J Mingeley v A Pennock and F Ivory T/A Amber Cars EAT/1170/02; [2003] EAT 1170_02_0906; [2003] UKEAT 1170_02_0906 1 May 2003 EAT His Hon Judge Clark Discrimination, Employment EAT Race Discrimination - Prospective employees Race Relations Act 1976 78(1) 1 Citers [ Bailii ] - [ Bailii ] - [ EATn ] Â Jardine and Another v Cameron Linn Ltd [2003] UKEAT 0050_02_0105 1 May 2003 EAT Employment [ Bailii ] Â Richard Grant v Kent County Council EAT/1019/02; [2003] EAT 1019_02_2509; [2003] UKEAT 1019_02_2509 1 May 2003 EAT His Hon Judge J Burke QC Employment EAT Unfair Dismissal - Reason for dismissal 1 Cites 1 Citers [ Bailii ] - [ Bailii ] Â A Rene v St John Ambulance Ltd EAT/1106/02; [2003] EAT 1106_02_0105; [2003] UKEAT 1106_02_0105 1 May 2003 EAT His Hon Judge Prophet Employment EAT Unfair Dismissal - Reason for dismissal EAT Unfair Dismissal - Reason for dismissal including substantial other reason. 1 Cites [ Bailii ] - [ Bailii ] - [ EATn ] Â Surrey County Council v Tilak [2003] UKEAT 0990_02_0105 1 May 2003 EAT Employment [ Bailii ] Â Abegaze v South East Essex College and Another [2003] EAT 0862_02_0105 1 May 2003 EAT Employment 1 Cites 1 Citers [ Bailii ] Â Sinclair v Scottish Children'S Reporter Administration [2003] UKEAT 0056_02_0205 2 May 2003 EAT Employment [ Bailii ] Â Margaret Sinclair v Scottish Children's Reporter Administration EATS/0056/02 2 May 2003 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Reason for Dismissal Â Scottish Children's Reporter Administration v Anne Sutherland EATS/0058/02 2 May 2003 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Reason for Dismissal Â Cook vClarke [2003] UKEAT 0070_03_0205 2 May 2003 EAT Employment [ Bailii ] Â Chief Constable of Hampshire Constabulary v C B Eastman EAT/0067/03; [2003] EAT 0067_03_0205; [2003] UKEAT 0067_03_0205 2 May 2003 EAT The Honourable Mr Justice Wall Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. 1 Cites [ Bailii ] - [ Bailii ] - [ EATn ] Â P G Cook v D Clarke EAT/70/03 & EAT/71/03 2 May 2003 EAT His Hon Judge Mcmullen QC Employment EAT Practice and Procedure - Appearance Â Scottish Children's Reporter Administration v Anne Sutherland EATS/0058/02 2 May 2003 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â Margaret Sinclair v Scottish Children's Reporter Administration EATS/0056/02 2 May 2003 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â P G Cook v D Clarke EAT/70/03 & EAT/71/03 2 May 2003 EAT His Hon Judge Mcmullen Qc Employment EAT Practice and Procedure - Appearance/Response. [ EATn ] Â R L Firth v BRC Barnsley Ltd EAT/1116/02; [2003] EAT 1116_02_0205; [2003] UKEAT 1116_02_0205 2 May 2003 EAT His Honour Judge J Mcmullen QC Employment EAT Unfair Dismissal - Procedural fairness EAT Unfair Dismissal - Procedural fairness/automatically unfair dismissal. 1 Cites 1 Citers [ Bailii ] - [ Bailii ] - [ EATn ] Â Cook vClarke [2003] EAT 0070_03_0205 2 May 2003 EAT Employment [ Bailii ] Â Colne Valley Spinning Ltd v Yates and Another [2003] UKEAT 1091_02_0605 6 May 2003 EAT Employment [ Bailii ] Â London Borough of Camden v S Sheehan EAT/763/02 6 May 2003 EAT His Hon Judge Birtles Employment EAT Unfair Dismissal - Contributory fault Â Nicholls v Cli Ltd [2003] EAT 0327_03_0605 6 May 2003 EAT Employment [ Bailii ] Â Nicholls v Cli Ltd [2003] UKEAT 0327_03_0605 6 May 2003 EAT Employment [ Bailii ] Â Colne Valley Spinning Ltd v Yates and Another [2003] EAT 1091_02_0605 6 May 2003 EAT Employment [ Bailii ] Â London Borough of Camden v S Sheehan EAT/763/02 6 May 2003 EAT His Hon Judge Birtles Employment EAT Unfair Dismissal - Contributory fault. [ EATn ] Â Colne Valley Spinning Ltd v D Yates, D Kerrod EAT/1091/02 6 May 2003 EAT His Honour Judge Peter Clark Employment EAT Redundancy - Definition [ EATn ] Â Colne Valley Spinning Ltd v D Yates D Kerrod EAT/1091/02 6 May 2003 EAT His Honour Judge Peter Clark Employment EAT Redundancy - Definition Â Kerr v Ikon Office Solutions Plc [2003] EAT 0592_02_0705 7 May 2003 EAT Employment [ Bailii ] Â The Secretary of State for Trade and Industry v G V Key P S Norton T Singleton T/A Asc Fluid Power EAT/1356/01 7 May 2003 EAT His Hon Judge Clark Employment EAT Insolvency Â Kerr v Ikon Office Solutions Plc [2003] UKEAT 0592_02_0705 7 May 2003 EAT Employment [ Bailii ] Â Secretary of State for Trade and Industry v Key and others (T/A Asc Fluid Power) [2003] UKEAT 1356_01_0705 7 May 2003 EAT Employment [ Bailii ] Â the Secretary of State for Trade and Industry v G v Key, P S Norton, T Singleton T/A Asc Fluid Power EAT/1356/01 7 May 2003 EAT His Hon Judge Clark Employment EAT Insolvency - (no sub-topic) [ EATn ] Â Foster v Somerset County Council [2003] EAT 1523_02_0805; [2003] UKEAT 1523_02_0805 8 May 2003 EAT Employment leave to appeal 1 Cites 1 Citers [ Bailii ] - [ Bailii ] Â Haden Building Management Ltd v Smith [2003] UKEAT 0145_03_0805 8 May 2003 EAT Employment [ Bailii ] Â S J Chinyanga v Buffer Bear Limited EAT/300/02; [2003] EAT 0300_02_0805; [2003] UKEAT 0300_02_0805 8 May 2003 EAT His Hon Judge McMullen QC Discrimination, Employment EAT Race Discrimination - Indirect 1 Cites [ Bailii ] - [ Bailii ] - [ EATn ] Â Bolton Metropolitan Borough Council v K Scranage EAT/733/02; [2003] EAT 0733_02_0805; [2003] UKEAT 0733_02_0805 8 May 2003 EAT His Hon Judge J Burke Qc Employment EAT Unfair Dismissal - Reason for dismissal EAT Unfair Dismissal - Reason for dismissal including substantial other reason. 1 Cites [ Bailii ] - [ Bailii ] - [ EATn ] Â Kemmeni v The Morse Group Ltd and others [2003] EWCA Civ 767 8 May 2003 CA Employment, Discrimination [ Bailii ] Â J M Stansbury v Datapulse Plc Troy Holding International Plc EAT/1255/01; [2003] UKEAT 1255_01_0805 8 May 2003 EAT The Honourable Mr Justice Wall Employment EAT Practice and Procedure - Bias, misconduct and procedural irregularity 1 Cites 1 Citers [ Bailii ] - [ EAT ] Â Haden Building Management Ltd v Smith [2003] EAT 0145_03_0805 8 May 2003 EAT Employment [ Bailii ] Â France v Westminster City Council [2003] EAT 0214_02_0905 9 May 2003 EAT Employment [ Bailii ] Â Ms Grace France v Westminster City Council EAT/0214/02 9 May 2003 EAT The Honourable Mr Justice Wall Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â Grace France v Westminster City Council EAT/214/03 9 May 2003 EAT The Honourable Mr Justice Wall Employment EAT Unfair Dismissal - Reason for dismissal Â France v Westminster City Council [2003] UKEAT 0214_02_0905 9 May 2003 EAT Employment [ Bailii ] Â Yianni v Dr Barry Newport and Partners [2003] UKEAT 1172_02_0905 9 May 2003 EAT Employment 1 Cites [ Bailii ] Â Securiplan v Bademosi EAT/1128/02; [2003] EAT 1128_02_0905; [2003] UKEAT 1128_02_0905 9 May 2003 EAT His Hon Judge McMullen QC Employment EAT Trade Union Rights - Dismissal - application of the TUPE Regulations where the transferor and the employee did not intend the contract of employment to be transferred. [ Bailii ] - [ Bailii ] - [ EAT ] Â Teruel-Fanning v Park View Rest Homes Ltd [2003] EAT 638_02_0905; [2003] UKEAT 638_02_0905; EAT/638/02 9 May 2003 EAT Mr Recorder Hand QC Employment, Discrimination 1 Cites [ Bailii ] - [ Bailii ] - [ EATn ] Â Yianni v Dr Barry Newport and Partners [2003] EAT 1172_02_0905 9 May 2003 EAT Employment 1 Citers [ Bailii ] Â Mensah v Heatherwood and Wrexham Park Hospitals NHS Trust and others [2003] UKEAT 1393_01_1205 12 May 2003 EAT Employment 1 Citers [ Bailii ] Â D Thorpe v K Dul Brooksby Melton College Learning and Skills Council EAT/0630/02 12 May 2003 EAT The Honourable Mr Justice Wall Employment EAT Contract of Employment - Definition of employee Â Rai v Somerfield Stores [2003] EAT 0557_02_1205; [2003] UKEAT 0557_02_1205; EAT/557/02 12 May 2003 EAT His Hon Judge J Burke QC Employment EAT Time Limits - Effective date of termination. 1 Citers [ Bailii ] - [ Bailii ] - [ EAT ] Â Robert Kane Transport v Nelson EATS/0059/02; [2003] UKEAT 0059_02_1205 12 May 2003 EAT The Honourable Mr Justice Burton (President) Employment EAT Unfair Dismissal - Compensation [ EAT ] - [ Bailii ] Â Ansong v Taj International Hotels (T/A the Bombay Brasserie) [2003] UKEAT 0583_02_1205 12 May 2003 EAT Employment [ Bailii ] Â Heath v Commissioner of Police for the Metropolis [2003] UKEAT 454_02_1205 12 May 2003 EAT Employment [ Bailii ] Â Heath v Commissioner of Police for the Metropolis [2003] EAT 454_02_1205 12 May 2003 EAT Employment [ Bailii ] Â Ansong v Taj International Hotels (T/A the Bombay Brasserie) [2003] EAT 0583_02_1205 12 May 2003 EAT Employment [ Bailii ] Â Mitchell v North Middlesex Hospital Trust [2003] EAT 0126_03_1205; [2003] UKEAT 0126_03_1205 12 May 2003 EAT Birtles J Employment Preliminary hearing of appeal - Tribunal's jurisdiction. [ Bailii ] - [ Bailii ] Â Chaudhery v London Borough of Newham [2003] EAT 237_02_1205 12 May 2003 EAT Employment [ Bailii ] Â D Thorpe v K Dul, Brooksby Melton College, Learning and Skills Council EAT/0630/02 12 May 2003 EAT The Honourable Mr Justice Wall Employment EAT Contract of Employment - Definition of employee. [ EAT ] Â Chaudhery v London Borough of Newham [2003] UKEAT 237_02_1205 12 May 2003 EAT Employment [ Bailii ] Â Mayo-Deman v Lewisham College [2003] EAT 0104_02_1205; [2003] UKEAT 0104_02_1205 12 May 2003 EAT Employment 1 Citers [ Bailii ] - [ Bailii ] Â Polyflor Ltd v Old [2003] EAT 0482_02_1305 13 May 2003 EAT Employment [ Bailii ] Â Mcalpine Ltd v Telford [2003] UKEAT 0018_03_1305 13 May 2003 EAT Employment [ Bailii ] Â Sir Robert Mcalpine Ltd v David H Telford EATS/0018/03 13 May 2003 EAT The Honourable Mr Justice Burton (President) Employment EAT Practice and Procedure - Application Â Odong v Chubb Security Personnel EAT/819/02; [2003] EAT 819_02_1305 13 May 2003 EAT Mr Recorder Luba QC Employment EAT Public Interest Disclosure [ Bailii ] - [ Bailii ] Â Polyflor Ltd v Old [2003] UKEAT 0482_02_1305 13 May 2003 EAT Employment [ Bailii ] Â Odong v Chubb Security Personnel [2003] UKEAT 819_02_1305 13 May 2003 EAT Employment [ Bailii ] Â Odong v Chubb Security Personnel [2003] UKEAT 0819_02_1305 13 May 2003 EAT Employment [ Bailii ] Â M T Davies v CIB Ltd T/A City People (In Voluntary Liquidation) EAT/1123/02 13 May 2003 EAT The Honourable Mr Justice Wall Employment EAT Unfair Dismissal - Reason for dismissal Â Davies v Cib Ltd (T/A City People) [2003] EAT 1123_02_1305 13 May 2003 EAT Employment [ Bailii ] Â Bergolis v Norinchukin International Plc [2003] EAT 0448_02_1305; [2003] UKEAT 0448_02_1305 13 May 2003 EAT Employment 1 Cites [ Bailii ] - [ Bailii ] Â Fitzgerald v University of Kent at Canterbury [2003] UKEAT 0474_02_1305 13 May 2003 EAT Employment [ Bailii ] Â Davies v Cib Ltd (T/A City People) [2003] UKEAT 1123_02_1305 13 May 2003 EAT Employment [ Bailii ] Â Henry v London Borough of Newham [2003] EAT 0991_02_2907; EAT/991/02 13 May 2003 EAT His Hon Judge Birtles QC Employment, Discrimination EAT Race Discrimination - Indirect. 1 Cites 1 Citers [ Bailii ] - [ EATn ] Â Ms M T Davies v Cib Ltd T/A City People (In Voluntary Liquidation) EAT/1123/02 13 May 2003 EAT The Honourable Mr Justice Wall Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â Sir Robert Mcalpine v David H Telford EATS/0018/03 13 May 2003 EAT The Honourable Mr Justice Burton (President) Employment EAT Unfair Dismissal - Constructive dismissal. [ EATn ] Â O'Brien v Morrison Haulage [2003] NIIT 2715_02 13 May 2003 NIIT Northern Ireland, Employment [ Bailii ] Â Wilson Odong v Chubb Security Personnel EAT/819/02 13 May 2003 EAT Mr Recorder Luba Qc Employment EAT Public Interest Disclosure - (no sub-topic). [ EATn ] Â Fitzgerald v University of Kent at Canterbury [2003] EAT 0474_02_1305 13 May 2003 EAT Employment [ Bailii ] Â Wolverhampton Volunteer Bureau Services v Clarkson [2003] EAT 0414_02_1405 14 May 2003 EAT Employment [ Bailii ] Â Austen v Reardon and Another [2003] EAT 1465_02_1405 14 May 2003 EAT Employment [ Bailii ] Â Hussain v Century Electronics UK Inc Ltd [2003] UKEAT 0919_02_1405 14 May 2003 EAT Employment [ Bailii ] Â Hussain v Century Electronics UK Inc Ltd [2003] EAT 0919_02_1405 14 May 2003 EAT Employment [ Bailii ] Â Redman v Royal Berkshire Fire Authority [2003] EAT 0201_03_1405; [2003] UKEAT 0201_03_1405 14 May 2003 EAT Employment 1 Cites 1 Citers [ Bailii ] - [ Bailii ] Â Johal v Crown Prosecution Service [2003] EAT 0185_03_1405; [2003] UKEAT 0185_03_1405 14 May 2003 EAT Employment 1 Cites [ Bailii ] - [ Bailii ] Â I Hussain v Century Electronics UK Inc Ltd (In Receivership) EAT/919/02 14 May 2003 EAT Mr Recorder Luba Qc Employment EAT Unfair Dismissal - Compensation. [ EATn ] Â I Hussain v Century Electronics UK Inc Ltd (In Receivership) EAT/919/02 14 May 2003 EAT Mr Recorder Luba QC Employment EAT Unfair Dismissal - Compensation Â Odenore v Associated Nursing Homes Ltd EAT/1112/02; [2003] EAT 1112_02_1405; [2003] UKEAT 1112_02_1405 14 May 2003 EAT His Hon Judge Clark Discrimination, Employment EAT Race Discrimination - Direct 1 Cites [ Bailii ] - [ Bailii ] Â Woverhampton Volunteer Bureau Services v A P Clarkson EAT/414/02 14 May 2003 EAT His Hon Judge Birtles QC Employment EAT Practice and Procedure - Costs Â Brian Smith v W M Martin and Co (Marine) Ltd EATS/0061/02; [2003] UKEAT 0061_02_0406 14 May 2003 EAT The Honourable Mr Justice Burton (President) Employment, Scotland EAT Unfair Dismissal - Constructive dismissal 1 Cites [ Bailii ] - [ EATn ] Â Post Office (Consignia Plc) v Burkett [2003] EWCA Civ 748 14 May 2003 CA Employment 1 Cites [ Bailii ] Â Austen v Reardon and Another [2003] UKEAT 1465_02_1405 14 May 2003 EAT Employment [ Bailii ] Â Wolverhampton Volunteer Bureau Services v Clarkson [2003] UKEAT 0414_02_1405 14 May 2003 EAT Employment [ Bailii ] Â Kenneth Cobley v Forward Technology Industries Plc [2003] EWCA Civ 646; Times, 15 May 2003; Gazette, 17 July 2003 14 May 2003 CA Lord Justice Aldous Lord Justice Mummery Lord Justice Rix Employment The claimant had been chief executive and a director of the respondent for many years, but was dismissed upon it being taken over. His contract of employment as chief executive provided that it was to be coterminous with his appointment as director. Held: The tribunal were not wrong in law in identifying the reason and holding that it was "some other substantial reason" justifying the dismissal. It could not be said that the desire of the new shareholders of a company to create a new board of directors was not a substantial reason justifying the dismissal of an incumbent chief executive consequent on his losing office as a director. Nor was the process of dismissal unfair. Employment Rights Act 1996 98(1) 1 Cites [ Bailii ] Â Sam v Guy's and St Thomas' Hospital Trust [2003] EAT 0027_03_1505 15 May 2003 EAT Employment [ Bailii ] Â Ako v Compass Group (T/A Select Service Partner) [2003] EAT 0155_03_1505 15 May 2003 EAT Employment [ Bailii ] Â Ogilvie v Neyrfor-Weir Ltd [2003] UKEAT 0054_02_1505 15 May 2003 EAT Employment [ Bailii ] Â Sam v Guy's and St Thomas' Hospital Trust [2003] UKEAT 0027_03_1505 15 May 2003 EAT Employment [ Bailii ] Â Virgin Net Limited v Sally Harper EAT/111/02; [2003] EAT 0111_02_0907; [2003] UKEAT 0111_02_0907 15 May 2003 EAT His Hon Judge Clark Employment EAT Unfair Dismissal - Reason for dismissal 1 Cites 1 Citers [ Bailii ] - [ Bailii ] Â L A Preedy v HMO Giddy T/A Easterhill Furniture EAT/287/03; [2003] EAT 0287_03_1505; [2003] UKEAT 0287_03_1505 15 May 2003 EAT His Hon Judge Mcmullen QC Employment EAT Practice and Procedure - Postponement 1 Cites 1 Citers [ Bailii ] - [ Bailii ] Â A W Ayobiojo v London Borough of Camden EAT/0510/02; [2003] EAT 0510_02_1505; [2003] UKEAT 0510_02_1505 15 May 2003 EAT The Honourable Mr Justice Wall Employment EAT Practice and Procedure - Costs [ Bailii ] - [ Bailii ] Â Ako v Compass Group (T/A Select Service Partner) [2003] UKEAT 0155_03_1505 15 May 2003 EAT Employment [ Bailii ] Â Griffin v Western Education and Library Board and Another [2003] NIIT 3861_01 16 May 2003 NIIT Northern Ireland, Employment [ Bailii ] Â Anderson v Mee [2003] EAT 0129_03_1605 16 May 2003 EAT Employment [ Bailii ] Â Graham v Glendale Management Service Ltd Times, 04 June 2003; [2003] EWCA Civ 773; [2003] IRLR 465; [2003] ICR 465 16 May 2003 CA Employment The employee's employment had been transferred to the respondent subject to his terms and conditions as with the local authority employer. Those terms included a clause applying normally national agreed rates of pay, but subsequent increases had not been applied. Held: The term meant that the national rate of pay could be imposed without consultation, but if the employer wished to depart from that rate, it was necessary to notify the employee. Transfer of Undertakings (Protection of Employment) Regulations 1981 1 Citers [ Bailii ] Â Richmond v Dale Stephenson Ltd [2003] UKEAT 0244_03_1605 16 May 2003 EAT Employment [ Bailii ] Â Maciver v Capita Business Services Ltd [2003] UKEAT 0065_02_1605 16 May 2003 EAT Employment [ Bailii ] Â Anderson v Mee [2003] UKEAT 0129_03_1605 16 May 2003 EAT Employment [ Bailii ] Â Gibney v Wykes Engineering Company (Rushden) Ltd [2003] EAT 0170_03_1605; [2003] UKEAT 0170_03_1605 16 May 2003 EAT Employment [ Bailii ] - [ Bailii ] Â Richmond v Dale Stephenson Ltd [2003] EAT 0244_03_1605 16 May 2003 EAT Employment [ Bailii ] Â Griffin v Western Education and Library Board and Another [2003] NIIT 29 16 May 2003 NIIT Northern Ireland, Employment Unfair Dismissal [ Bailii ] Â Taylor Gordon and Co Ltd (T/A Plan Personal) v Stuart Peter Timmons EAT/159/03 16 May 2003 EAT Mr Recorder Luba QC Employment EAT Unlawful Deduction from Wages Â Emmins and Another v Sanderson [2003] UKEAT 0346_03_1905 19 May 2003 EAT Employment [ Bailii ] Â Crown Leisure Ltd v Kelly [2003] EAT 0243_03_1905 19 May 2003 EAT Employment [ Bailii ] Â Crown Leisure Ltd v Kelly [2003] UKEAT 0243_03_1905 19 May 2003 EAT McMullen QC Employment [ Bailii ] Â Bolch v Chipman EAT/1149/02; EAT/1159/02; [2003] EAT 1149_02_1905; [2003] UKEAT 1149_02_1905; [2004] IRLR 140 19 May 2003 EAT The Honourable Mr Justice Burton (P) Employment EAT The EAT considered the consequences, of a decision to strike out a Notice of Appearance under Rule 15(2)(d). Held: The EAT will require an employment tribunal, among other things, to consider the proportionality of what it was doing. If a fair trial were not possible on liability, there could still be an order simply debarring the respondent from taking any further part on liability, but permitting that respondent to take part on the question of compensation. 1 Citers [ Bailii ] - [ Bailii ] Â John Emmins Federation of Small v M S Sanderson EAT/346/03; [2003] EAT 0346_03_1905 19 May 2003 EAT His Hon Judge Mcmullen QC Employment EAT Practice and Procedure - Postponement [ Bailii ] Â Mangera v Ministry of Defence Times, 12 July 2003; Gazette, 28 August 2003 19 May 2003 CA Peter Gibson, Tuckey, Buxton LJJ Discrimination, Armed Forces, Employment, Human Rights The claimant was employed by the Army. He claimed that he was racially discriminated against because the army refused to provide him with Halal meat. Held: The 1976 Act first required the applicant to have exhausted the Army's own internal grievance procedures. He had not done so. The employment tribunal therefore had no jurisdiction to hear the complaint. Article 6 could not be prayed in aid to give the tribunal jurisdiction. European Convention on Human Rights 6 - Race Relations Act 1976 4(2) 75(8) 75(9) - Race Relations (Complaints to Employment Tribunals) (Armed Forces) Regulations 1997 (1997 No 2161) 2 Â Vanessa Brennan v American Express Services Europe Ltd EAT/0623/02; [2003] EAT 0623_02_1507; [2003] UKEAT 0623_02_1507 19 May 2003 EAT The Honourable Mr Justice Wall Discrimination, Employment EAT Sex Discrimination - Burden of proof [ Bailii ] - [ Bailii ] Â Visa International Service Association v Paul [2003] UKEAT 0097_02_2005 20 May 2003 EAT Employment [ Bailii ] Â Sibley v Girls' Day School Trust and Another [2003] UKEAT 1368_01_2005 20 May 2003 EAT Employment [ Bailii ] Â Westminster Victim Support Scheme v Keyani [2003] UKEAT 329_02_2005 20 May 2003 EAT Employment [ Bailii ] Â Reality Group Ltd v Cato [2003] UKEAT 0167_03_2005 20 May 2003 EAT Employment [ Bailii ] Â Visa International Service Association v Paul [2003] EAT 0097_02_2005 20 May 2003 EAT Employment [ Bailii ] Â Westminster Victim Support Scheme v Keyani [2003] EAT 329_02_2005 20 May 2003 EAT Employment [ Bailii ] Â Paulson v British Telecommunications Plc [2003] UKEAT 0125_03_2005 20 May 2003 EAT Employment [ Bailii ] Â Mansi and Another v Warne and others [2003] UKEAT 853_02_2005 20 May 2003 EAT Employment [ Bailii ] Â Ikon Office Solutions Plc v Steen [2003] UKEAT 236_02_2005 20 May 2003 EAT Employment [ Bailii ] Â Mansi and Another v Warne and others [2003] EAT 853_02_2005 20 May 2003 EAT Employment [ Bailii ] Â Department for Education and Skills v Hogg and others [2003] UKEAT 0884_02_2005 20 May 2003 EAT Employment [ Bailii ] Â Blue Diamond Services Ltd v Mcneish and others [2003] UKEAT 1354_01_2005 20 May 2003 EAT Employment [ Bailii ] Â Jacobs v Hanover Park Services Plc [2003] EAT 1500_02_2005; [2003] UKEAT 1500_02_2005 20 May 2003 EAT Employment [ Bailii ] - [ Bailii ] Â Blue Diamond Services Limited v C Mcneish Clock Tower Services Limited North West UKEAT/1354/01 20 May 2003 EAT The Honourable Mr Justice Burton (P) Employment EAT Transfer of Undertakings - Transfer Â Calder Industries Ltd v Butler [2003] UKEAT 1173_02_2005 20 May 2003 EAT Employment [ Bailii ] Â Paulson v British Telecommunications Plc [2003] EAT 0125_03_2005 20 May 2003 EAT Employment [ Bailii ] Â Diehl-Leistner v Commission T-80/01; [2003] EUECJ T-80/01 20 May 2003 ECFI Employment Judgment - Officials - Open competition - Equal treatment. [ Bailii ] Â Reality Group Limited v D A Cato EAT/167/03 20 May 2003 EAT His Hon Judge Birtles QC Employment EAT Unfair Dismissal - Reason for dismissal Â Blue Diamond Services Limited v C Mcneish Clock Tower Services Limited North West EAT/1354/01 20 May 2003 EAT The Honourable Mr Justice Burton (P) Employment EAT Transfer of Undertakings - Consultation and other information Â Calder Industries Ltd v Butler [2003] EAT 1173_02_2005 20 May 2003 EAT Employment [ Bailii ] Â Ikon Office Solutions Plc v Steen [2003] EAT 236_02_2005 20 May 2003 EAT Employment [ Bailii ] Â Reality Group Ltd v Cato [2003] EAT 0167_03_2005 20 May 2003 EAT Employment [ Bailii ] Â Department for Education and Skills v Hogg and others [2003] EAT 0884_02_2005 20 May 2003 EAT Employment [ Bailii ] Â G Nicholson and others v Long Products Ltd UKEAT/166/02/DA 20 May 2003 EAT His Hon Judge J Burke QC Employment EAT Unfair Dismissal - Procedural fairness Â Z Barratt v Hughes and Stobie T/A Colonia of Bailgate EAT/0044/03; [2003] EAT 0044_03_2105; [2003] UKEAT 0044_03_2105 21 May 2003 EAT His Honour Judge Birtles Employment EAT Unfair Dismissal - Contributory fault [ Bailii ] - [ Bailii ] Â Harris v Siddique (T/A Mcdonalds Barnet) [2003] UKEAT 0048_03_2105 21 May 2003 EAT Employment [ Bailii ] Â Lambe v 186K Ltd [2003] EAT 0141_03_2105; [2003] UKEAT 0141_03_2105 21 May 2003 EAT Employment 1 Citers [ Bailii ] - [ Bailii ] Â Mace v Convergys Customer Management Interntional [2003] UKEAT 0140_03_2105 21 May 2003 EAT Employment [ Bailii ] Â Mace v Convergys Customer Management Interntional [2003] EAT 0140_03_2105 21 May 2003 EAT Employment [ Bailii ] Â Pesticcio v Mitsui Babcock Energy Ltd [2003] EAT 1126_02_2105; [2003] UKEAT 1126_02_2105 21 May 2003 EAT Employment [ Bailii ] - [ Bailii ] Â Harris v Siddique (T/A Mcdonalds Barnet) [2003] EAT 0048_03_2105 21 May 2003 EAT Employment [ Bailii ] Â McCann v Consignia Plc, Fox EAT/392/02; [2003] EAT 0392_02_2205; [2003] UKEAT 0392_02_2205 22 May 2003 EAT His Hon Judge Birtles Employment EAT Procedural Issues - Employment Tribunal [ Bailii ] - [ Bailii ] Â Deman v University of Bradford Professor Alderson EAT/597/02 22 May 2003 EAT His Hon Judge J Burke QC Employment EAT Practice and Procedure - Bias, misconduct and procedural irregularity 1 Cites Â D Billany v Knutsford Conservative Club EAT/65/03 22 May 2003 EAT His Hon Judge Birtles Employment EAT Contract of Employment - Definition of employee Â D Billany v Knutsford Conservative Club EAT/65/03 22 May 2003 EAT His Hon Judge Birtles Employment EAT Contract of Employment - Definition of employee. [ EATn ] Â G Mccann v Consignia Plc, H v Fox EAT/392/02 22 May 2003 EAT His Hon Judge Birtles Employment EAT Procedural Issues - Employment Tribunal. [ EATn ] Â London Borough of Ealing v L Rihal EAT/987/02 26 May 2003 EAT His Hon Judge J Burke Qc Employment EAT Practice and Procedure - Estoppel or Abuse of Process. [ EATn ] Â Jones v Barton Court Grammar School [2003] UKEAT 0920_02_2705 27 May 2003 EAT Commissioner Howell QC Employment The claimant appealed against rejection of his claim for unfair dismissal after his dismissal from his teaching point on the ground of permanent incapacity. The parties disputed the effect of the National Scheme of Conditions of Service for Schoolteachers in England and Wales (the "Burgundy Book"). [ Bailii ] Â A McPherson v BNP Paribas Branch EAT/916/02; [2003] EAT 0916_02_1407; [2003] UKEAT 0916_02_1407 28 May 2003 EAT His Hon Judge Birtles Employment EAT Practice and Procedure - Application [ Bailii ] - [ Bailii ] Â Lowe v Heraeus Electro-Nite (Uk) Ltd [2003] EAT 0083_03_2805; [2003] UKEAT 0083_03_2805 28 May 2003 EAT Employment [ Bailii ] - [ Bailii ] Â A Mcpherson v Bnp Paribas Branch EAT/916/02 28 May 2003 EAT His Hon Judge Birtles Employment EAT Practice and Procedure - Application/Claim. [ EATn ] Â Clerkin and others v Warrenpoint Harbour Authority (Preliminary Issue) [2003] NIIT 30 29 May 2003 NIIT Northern Ireland, Employment [ Bailii ] Â Chong v Marek and Co [2003] EAT 0031_03_2905 29 May 2003 EAT Employment [ Bailii ] Â Riley-Willia v Argos Ltd [2003] EAT 811_02_2905 29 May 2003 EAT Employment [ Bailii ] Â Ekin v United Hospitals Health and Social Services Trust [2003] NIIT 3254_01 29 May 2003 NIIT Northern Ireland, Employment [ Bailii ] Â Wendy Comfort v Lord Chancellor's Department EAT/0666/02; [2003] EAT 0666_02_0207; [2003] UKEAT 0666_02_0207; [2003] UKEAT 0666_02_2905 29 May 2003 EAT His Honour Judge Birtles Employment EAT Practice and Procedure - Perversity 1 Cites 1 Citers [ Bailii ] - [ Bailii ] - [ Bailii ] - [ EATn ] Â Riley-Willia v Argos Ltd [2003] UKEAT 811_02_2905 29 May 2003 EAT Employment [ Bailii ] Â A R Chon v Marek and Co EAT/31/03 29 May 2003 EAT His Hon Judge Mcmullen QC Employment EAT Unfair Dismissal - Reason for dismissal Â Mid Yorkshire Chamber of Commerce and Industry Ltd v Cornforth [2003] EAT 0385_03_2905 29 May 2003 EAT Employment [ Bailii ] Â Mid Yorkshire Chamber of Commerce and Industry Ltd v Cornforth [2003] UKEAT 0385_03_2905 29 May 2003 EAT Employment [ Bailii ] Â A R Chon v Marek and Co EAT/31/03 29 May 2003 EAT His Hon Judge Mcmullen Qc Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â Chong v Marek and Co [2003] UKEAT 0031_03_2905 29 May 2003 EAT Employment [ Bailii ] Â Clerkin and others v Warrenpoint Harbour Authority [2003] NIIT 3286_01 30 May 2003 NIIT Northern Ireland, Employment [ Bailii ] Â S S Simon v British Gas Trading Ltd Partemps Recruitment Ltd EAT/836/02 2 Jun 2003 EAT His Hon Judge Clark Employment EAT Practice and Procedure - Costs Â J Kear v Neural Technilogies EAT/470/02 2 Jun 2003 EAT His Hon Judge D M Levy QC Employment EAT Contract of Employment - Damages for breach of contract Â the Health and Safety Executive v B F Cadman EAT/947/02 2 Jun 2003 EAT His Hon Judge J Burke QC Employment, Discrimination EAT Equal Pay Act - Like work Â Kear v Neural Technilogies EAT/470/02 2 Jun 2003 EAT His Hon Judge D M Levy Qc Employment EAT Unfair Dismissal - Exclusions including worker/jurisdiction. [ EAT ] Â P Carter v Qatar Airways Ltd, Air Cargo Partners Ltd EAT/960/02 2 Jun 2003 EAT His Hon Judge Clark Employment EAT Transfer of Undertakings - Consultation and other information. [ EATn ] Â the Health and Safety Executive v B F Cadman EAT/947/02 2 Jun 2003 EAT His Hon Judge J Burke Qc Employment EAT Equal Pay Act - Like work [ EATn ] Â Simon v British Gas Trading Ltd and Another [2003] EAT 0836_02_0206 2 Jun 2003 EAT Employment [ Bailii ] Â Kear v Neural Technologies [2003] EAT 0470_02_0206 2 Jun 2003 EAT Employment [ Bailii ] Â P Carter v Qatar Airways Ltd Air Cargo Partners Ltd EAT/960/02 2 Jun 2003 EAT His Hon Judge Clark Employment EAT Transfer of Undertakings - Consultation and other information Â S S Simon v British Gas Trading Ltd, Pertemps Recruitment Ltd EAT/836/02 2 Jun 2003 EAT His Hon Judge Clark Employment EAT Practice and Procedure - Costs. [ EATn ] Â Simon v British Gas Trading Ltd and Another [2003] UKEAT 0836_02_0206 2 Jun 2003 EAT Employment [ Bailii ] Â Kear v Neural Technologies [2003] UKEAT 0470_02_0206 2 Jun 2003 EAT Employment [ Bailii ] Â Evans v Stena Line Ltd [2003] UKEAT 0758_02_0306 3 Jun 2003 EAT Employment [ Bailii ] Â Ward v Board of Governors Longstone School and Another (Preliminary Hearing) [2003] NIIT 39 3 Jun 2003 NIIT Northern Ireland, Employment [ Bailii ] Â Bangert v South Bank University [2003] EAT 0204_03_0306 3 Jun 2003 EAT Employment [ Bailii ] Â Carter v Qatar Airways Ltd and Another [2003] EAT 0960_02_0306 3 Jun 2003 EAT Employment [ Bailii ] Â Carter v Qatar Airways Ltd and Another [2003] UKEAT 0960_02_0306 3 Jun 2003 EAT Employment [ Bailii ] Â Ward v Board of Governors Longstone School and Another [2003] NIIT 1991_01 3 Jun 2003 NIIT Northern Ireland, Employment [ Bailii ] Â Bangert v South Bank University [2003] UKEAT 0204_03_0306 3 Jun 2003 EAT Employment [ Bailii ] Â Evans v Stena Line Ltd [2003] EAT 0758_02_0306 3 Jun 2003 EAT Employment [ Bailii ] Â P Carter v Qatar Airways Ltd Air Cargo Partners Ltd EAT/960/02 3 Jun 2003 EAT His Hon Judge Clark Employment EAT Transfer of Undertakings - Transfer Â K R Evans v Stena Line Limited EAT/758/02 3 Jun 2003 EAT His Hon Judge D M Levy QC Employment EAT Unfair Dismissal - Procedural fairness Â K R Evans v Stena Line Limited EAT/758/02 3 Jun 2003 EAT His Hon Judge D M Levy Qc Employment EAT Unfair Dismissal - Procedural fairness/automatically unfair dismissal. [ EATn ] Â P Carter v Qatar Airways Ltd, Air Cargo Partners Ltd EAT/960/02 3 Jun 2003 EAT His Hon Judge Clark Employment EAT Transfer of Undertakings - Transfer. [ EATn ] Â Morrison v Hesley Lifecare Service [2003] EAT 0262_03_0406; [2003] UKEAT 0262_03_0406 4 Jun 2003 EAT Employment 1 Cites 1 Citers [ Bailii ] - [ Bailii ] Â King's College London v M Clark EAT/1049/02 4 Jun 2003 EAT His Hon Judge Clark Employment EAT Equal Pay Act - Work rated equivalent. [ EATn ] Â Imam Muhamed Zakariya v Patel EAT/248/03 4 Jun 2003 EAT The Honourable Mr Justice Burton (P) Employment EAT Time Limits - Effective date of termination. [ EATn ] Â Eseigbe v T-Mobile (Uk) Ltd [2003] UKEAT 0152_03_0406 4 Jun 2003 EAT Employment [ Bailii ] Â Her Majesty's Attorney General v Tyrrell [2003] EAT 0236_03_0406; [2003] UKEAT 0236_03_0406; EAT/236/03 4 Jun 2003 EAT Burton J P Employment Application for restriction of proceedings order - Practice and Procedure - Split hearings 1 Cites [ Bailii ] - [ Bailii ] - [ EAT ] Â Eseigbe v T-Mobile (Uk) Ltd [2003] EAT 0152_03_0406 4 Jun 2003 EAT Employment [ Bailii ] Â Scott-Fordah v W H Smith News [2003] EAT 0231_03_0406 4 Jun 2003 EAT Employment [ Bailii ] Â Imam Muhamed Zakariya v Patel EAT/248/03 4 Jun 2003 EAT The Honourable Mr Justice Burton (P) Employment EAT Time Limits - Effective date of termination Â Zakariya v Patel [2003] UKEAT 0248_03_0406 4 Jun 2003 EAT Employment [ Bailii ] Â London Underground Ltd v Strouthos EAT/0016/03; [2003] EAT 0016_03_0406; [2003] UKEAT 0016_03_0406 4 Jun 2003 EAT His Hon Judge McMullen QC Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. 1 Citers [ Bailii ] - [ Bailii ] - [ EATn ] Â Ballamoody v Nursing and Midwifery Council [2003] EAT 0079_03_0406; [2003] UKEAT 0079_03_0406 4 Jun 2003 EAT Employment 1 Cites [ Bailii ] - [ Bailii ] Â Zakariya v Patel [2003] EAT 0248_03_0406 4 Jun 2003 EAT Employment [ Bailii ] Â Scott-Fordah v W H Smith News [2003] UKEAT 0231_03_0406 4 Jun 2003 EAT Employment [ Bailii ] Â King's College London v M Clark EAT/1049/02 4 Jun 2003 EAT His Hon Judge Clark Employment EAT Equal Pay Act - Work rated equivalent Â Ryan v Your Move Co UK Ltd (T/A Your Move) and Others [2003] UKEAT 0025_02_0506 5 Jun 2003 EAT Employment [ Bailii ] Â Kyamanywa v London Borough of Hackney [2003] EWCA Civ 902 5 Jun 2003 CA Mummery LJ Discrimination, Employment An issue was whether a notice had been sent to solicitors as the authorised representative of the Appellant. The Appellant had occasionally used one firm of solicitors but at other times she had acted in person at the hearing and also when communicating with the Tribunal. Held: The tribunal's decision that notice had been sent to the solicitors as authorised representatives was approved (Mummery LJ): “In my judgment there was no error of law in the decision of the review tribunal regarding non-receipt of notice. On that point I agree with the submissions made by Miss Maclaren on behalf of the council. It is clear, reading the extended reasons of the review tribunal, that they made findings of fact on that point without any error of law. The applicant accepted in her evidence to them that she had instructed Balogun Kirvan to act on her behalf throughout. They had instructed counsel to appear in the tribunal on her behalf at an earlier hearing; they had corresponded with the tribunal as her solicitors; and the tribunal had corresponded with them and sent notices and documents to them. The evidence adduced on behalf of the applicant did not establish that either the applicant or Balogun Kirvan had even given any notice to the tribunal under regulation 20(4), indicating that the tribunal should now send notices and documents to her personally rather than to the firm of solicitors who had started to act for her.” 1 Citers [ Bailii ] Â Ryan v Your Move Co UK Ltd (T/A Your Move) and Others [2003] EAT 0025_02_0506 5 Jun 2003 EAT Employment [ Bailii ] Â Clifford v Portsmouth Citizens Advice Bureau [2003] EAT 0321_03_0506; [2003] UKEAT 0321_03_0506 5 Jun 2003 EAT Employment [ Bailii ] - [ Bailii ] Â Joshi v Sandercock [2003] UKEAT 1140_02_0606 6 Jun 2003 EAT Employment [ Bailii ] Â Gameplay (Gb) Ltd v Mclaughlin [2003] UKEAT 323_03_0606 6 Jun 2003 EAT Employment [ Bailii ] Â V Joshi v M Sandercock EAT/1140/02 6 Jun 2003 EAT His Hon Judge J Burke QC Employment EAT National Minimum Wage Â Mitie Lindsay Ltd v Lynch [2003] EAT 0034_03_0606 6 Jun 2003 EAT Employment [ Bailii ] Â Joshi v Sandercock [2003] EAT 1140_02_0606 6 Jun 2003 EAT Employment [ Bailii ] Â Gameplay (Gb) Ltd v Mclaughlin [2003] EAT 323_03_0606 6 Jun 2003 EAT Employment [ Bailii ] Â Mitie Lindsay Ltd v Lynch [2003] UKEAT 0034_03_0606 6 Jun 2003 EAT Employment [ Bailii ] Â Regina (British Broadcasting Corporation) v Central Arbitration Committee Times, 12 June 2003 6 Jun 2003 QBD Moses J Employment, Media The claimants were wildlife cameramen working for the respondent. They sought bargaining rights for their trade Union. The Committee decided that since they were not regulated by any disciplinary committee or body, they were not professionals, and therefore were workers, and their union was entitled to the recognition requested. The respondent appealed. Held: The test applied by the committee, as to whether they were regulated by a body with disciplinary powers was not justified in any statute or law, and was incorrect. Case remitted. Trade Union and Labour Relations (Consolidation) Act 1992 296(1)(b) Sch A1 - Employment Relations Act 1999 Â v Joshi v M Sandercock EAT/1140/02 6 Jun 2003 EAT His Hon Judge J Burke Qc Employment EAT National Minimum Wage - (no sub-topic). [ EATn ] Â Larder and Another v Warwickshire County Council EAT/0128/02; [2003] EAT 0128_02_0906; [2003] UKEAT 0128_02_0906 9 Jun 2003 EAT His Honour Judge J Burke QC Employment EAT Redundancy - Protective award [ Bailii ] - [ Bailii ] Â Frewin v Consignia Plc EAT/0981/02; [2003] EAT 0981_02_1807; [2003] UKEAT 0981_02_1807 9 Jun 2003 EAT His Honour Judge Reid QC Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. 1 Citers [ Bailii ] - [ Bailii ] - [ EATn ] Â Murdoch v National Union of Mineworkers [2003] EAT 0199_03_0906; [2003] UKEAT 0199_03_0906 9 Jun 2003 EAT Employment [ Bailii ] - [ Bailii ] Â South West Trains Limited v McDonnell EAT/52/03; [2003] EAT 0052_03_0708; [2003] UKEAT 0052_03_0708 9 Jun 2003 EAT His Hon Judge J Burke QC Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ Bailii ] - [ Bailii ] - [ EAT ] Â Murdoch v National Union of Mineworkers EAT/199/03 9 Jun 2003 EAT His Hon Judge Clark Employment EAT Practice and Procedure - Postponement or stay. [ EAT ] Â Guilfoy v Seal Semiconductors Ltd [2003] EAT 0160_03_0906; [2003] UKEAT 0160_03_0906 9 Jun 2003 EAT Employment [ Bailii ] - [ Bailii ] Â Balfour Beatty Rail Renewals Ltd v Brealey [2003] EAT 0955_02_0906; [2003] UKEAT 0955_02_0906; EAT/955/02 and EAT/0047/03 9 Jun 2003 EAT The Honourable Mr Justice Burton (P) Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ Bailii ] - [ Bailii ] - [ EATn ] Â J Cavil v Barratt Homes Ltd EAT/0208/03 10 Jun 2003 EAT His Honour Judge Peter Clark Employment EAT Working Time Regulations - (no sub-topic). [ EATn ] Â Heathmill Multimedia Asp Ltd v Jones and Another [2003] EAT 0200_03_1006 10 Jun 2003 EAT Employment [ Bailii ] Â Heathmill Multimedia Asp Ltd v Jones and Another [2003] UKEAT 0200_03_1006 10 Jun 2003 EAT Employment [ Bailii ] Â J Cavil v Barratt Homes Ltd EAT/0208/03 10 Jun 2003 EAT His Honour Judge Peter Clark Employment EAT Working Time Regulations Â J P Mccarthy P Jackson M B Smith v Blue Sword Construction Ltd EAT/0223/03; [2003] EAT 0223_03_1407; [2003] UKEAT 0223_03_1407 10 Jun 2003 EAT His Honour Judge Reid QC Employment EAT Contract of Employment - Notice and pay in lieu [ Bailii ] - [ Bailii ] Â J P Mccarthy, P Jackson, M B Smith v Blue Sword Construction Ltd EAT/0223/03 10 Jun 2003 EAT His Honour Judge Reid Qc Employment EAT Contract of Employment - Notice and pay in lieu. [ EATn ] Â Baker and Company v Marenah [2003] UKEAT 0077_03_1106 11 Jun 2003 EAT Employment [ Bailii ] Â Lewis v Tesco Stores Ltd [2003] UKEAT 0277_03_1106 11 Jun 2003 EAT Employment [ Bailii ] Â Parliamentary Commissioner for Administration and the Health Commissioner v J Fernandez EAT/137/03; [2003] EAT 0137_03_0509; [2003] UKEAT 0137_03_0509 11 Jun 2003 EAT His Hon Judge Clark Employment, Discrimination EAT Equal Pay Act - Article 141 The applicant began work as a case worker at a lower salary than a female case worker employed by different departments in the same office. The female case worker was subsequently paid a recruitment and retention allowance which the male applicant did not receive and a greater performance related pay award based on a higher marking in the annual appraisals. The applicant had brought an equal pay claim against his employer and the employer accepted that both workers were employed on light work put forward a genuine material factor of defence which the tribunal rejected on the grounds that the employer had failed to show objective justification on a difference in pay. Held: It was not necessary under either U.K or Community Law for an employer to prove objective justification in a case where the factor relied on was not tainted by sex discrimination, and no suggestion of prima facie in direct discrimination was raised, holding it that the employer need only show that profit explanation was genuine and not a sham, that the less favourable treatment was due to that reason, and that the reason was not the difference in sex and the factor relied on was a material difference. 1 Citers [ Bailii ] - [ Bailii ] - [ EATn ] Â the Financial Time Limited v G R Bishop UKEAT/147/03 11 Jun 2003 EAT His Hon Judge J Burke QC Employment EAT Unfair Dismissal - Exclusions including worker Â Lewis v Tesco Stores Ltd [2003] EAT 0277_03_1106 11 Jun 2003 EAT Employment [ Bailii ] Â X v Y EAT/765/02; [2003] EAT 0765_02_1106; [2003] UKEAT 0765_02_1106 11 Jun 2003 EAT His Hon Judge Clark Employment EAT Unfair Dismissal - Reason for dismissal 1 Citers [ Bailii ] - [ Bailii ] Â Baker and Company v Ms K Marenah UKEAT/0077/03 11 Jun 2003 EAT The Honourable Mr Justice Burton (P) Employment EAT Practice and Procedure - Amendment. [ EATn ] Â Onuegbu v Campbell [2003] EWCA Civ 858 11 Jun 2003 CA Discrimination, Employment 1 Cites [ Bailii ] Â Baker and Company v Marenah [2003] EAT 0077_03_1106 11 Jun 2003 EAT Employment [ Bailii ] Â the Financial Time Limited v G R Bishop UKEAT/147/03 11 Jun 2003 EAT His Hon Judge J Burke Qc Employment EAT Unfair Dismissal - Exclusions including worker/jurisdiction. [ EATn ] Â Phillips v Inergy Automotive Systems UK Ltd [2003] EAT 0271_03_1206 12 Jun 2003 EAT Employment [ Bailii ] Â Pereira and Another v Recruit Plc [2003] EAT 0334_03_1206; [2003] UKEAT 0334_03_1206 12 Jun 2003 EAT Employment [ Bailii ] - [ Bailii ] Â A Cukic v Vordula Ltd EAT/875/02 12 Jun 2003 EAT The Honourable Mr Justice Wall Employment EAT Redundancy - Fairness [ EATn ] Â Singh v Esprit People and others [2003] EAT 0278_03_1206 12 Jun 2003 EAT Employment [ Bailii ] Â A Cukic v Vordula Ltd EAT/875/02 12 Jun 2003 EAT The Honourable Mr Justice Wall Employment EAT Redundancy - Fairness Â Phillips v Inergy Automotive Systems UK Ltd [2003] UKEAT 0271_03_1206 12 Jun 2003 EAT Employment [ Bailii ] Â Cukic v Vordula Ltd [2003] EAT 0875_02_1206 12 Jun 2003 EAT Employment [ Bailii ] Â Singh v Esprit People and others [2003] UKEAT 0278_03_1206 12 Jun 2003 EAT Employment [ Bailii ] Â Cukic v Vordula Ltd [2003] UKEAT 0875_02_1206 12 Jun 2003 EAT Employment [ Bailii ] Â Flintshire County Council v Sutton EAT/1082/02 13 Jun 2003 EAT His Hon Judge Clark Employment EAT Unfair Dismissal - Exclusions including worker/jurisdiction. [ EATn ] Â S R Mohindra v London Borough Ealing and others EAT/149/03 13 Jun 2003 EAT The Honourable Mr Justice Wall Employment EAT Practice and Procedure - Questionnaires. [ EATn ] Â S R Mohindra v London Borough Ealing and others EAT/149/03 13 Jun 2003 EAT The Honourable Mr Justice Wall Employment EAT Practice and Procedure - Questionnaires Â Scott v Inland Revenue [2003] UKEAT 0068_03_1306 13 Jun 2003 EAT Employment [ Bailii ] Â Scott v Inland Revenue [2003] EAT 0068_03_1306 13 Jun 2003 EAT Employment [ Bailii ] Â Galloway v Barnet Enfield and Haringey Mental Health Trust [2003] EAT 0127_03_1306 13 Jun 2003 EAT Employment [ Bailii ] Â Galloway v Barnet Enfield and Haringey Mental Health Trust [2003] UKEAT 0127_03_1306 13 Jun 2003 EAT Employment [ Bailii ] Â Flintshire County Council v Sutton EAT/1082/02 13 Jun 2003 EAT His Hon Judge Clark Employment EAT Unfair Dismissal - Exclusions Â Molly and Another v Calcast Ltd (Unfair Dismissal) [2003] NIIT 35 15 Jun 2003 NIIT Northern Ireland, Employment [ Bailii ] Â Carson v Hynds (T/A Hynds Architectural Systems Ltd) (Application for Review) [2003] NIIT 33 15 Jun 2003 NIIT Northern Ireland, Employment [ Bailii ] Â Kerrigan v East Belfast Constitutional Club (Striking Out of Application) [2003] NIIT 31 15 Jun 2003 NIIT Northern Ireland, Employment [ Bailii ] Â Withers v Parkanur College [2003] NIIT 37 15 Jun 2003 NIIT Employment Application Dismissed [ Bailii ] Â Milliken v Stratton (Unfair Dismissal) [2003] NIIT 34 15 Jun 2003 NIIT Employment Unfair dismissal [ Bailii ] Â O'Hagan v Your More Stores Ltd and Another (Application for Review) [2003] NIIT 36 15 Jun 2003 NIIT Northern Ireland, Employment [ Bailii ] Â Farrell v Driver and Vehicle Testing Agency (Tua Unfair Treatment Trade Union Activities) [2003] NIIT 32 15 Jun 2003 NIIT Northern Ireland, Employment [ Bailii ] Â Aintree Hospitals NHS Trust v F M Reynolds EAT/667/02 16 Jun 2003 EAT His Hon Judge J R Reid Qc Employment EAT Equal Pay Act - Work rated equivalent. [ EATn ] Â Scott v Brooks Group (Uk) Ltd (T/A Brooks Cookstown) [2003] NIIT 2505_01 16 Jun 2003 NIIT Northern Ireland, Employment [ Bailii ] Â Asda Stores Ltd v Thompson, Pullan, and Caller [2003] EAT 0063_03_1606; [2003] UKEAT 0063_03_1606; EAT/0063/03; [2004] IRLR 598 16 Jun 2003 EAT Burton P Employment The appellants had been dismissed after investigations satisfied the employer that the employees had been using illegal drugs. Cross appeals were made in the following misconduct unfair dismissal claim. The employees complained of the use of anonymous witnesses. The employer had successfully appealed against an order for disclosure of all the statements taken. Held: Burton P said: "It is plainly the case, on what we understand of the facts that the allegations of drug taking and violence are serious, and that the fears of witnesses, whether or not justified in the absolute sense, are real, and the concerns of the respondent are real, and the obligations of the respondent have been upheld by this Appeal Tribunal in October 2001. Of course it is right that the tribunal has the final say, subject to appeal, but the tribunal cannot be in a position to make as informed a judgment as the respondent would be." 1 Cites [ Bailii ] - [ Bailii ] - [ EATn ] Â Aintree Hospitals NHS Trust v F M Reynolds EAT/667/02; [2003] EAT 0667_02_0209; [2003] UKEAT 0667_02_0209 16 Jun 2003 EAT His Hon Judge J R Reid QC Employment EAT Equal Pay Act - Work rated equivalent [ Bailii ] - [ Bailii ] Â Bowley Date Systems v R Gill EAT/0110/03; EAT/0889/02; [2003] EAT 889_02_1706; [2003] UKEAT 889_02_1706 17 Jun 2003 EAT His Honour Judge J Burke QC Employment EAT Practice and Procedure - Application 1 Cites [ Bailii ] - [ Bailii ] Â J O Aniagwu v London Borough of Hackney EAT/186/03 17 Jun 2003 EAT His Hon Judge J R Reid Qc Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â Tees and Hartlepool Port Authority Ltd v Ronald Bosomworth, Kenneth Harland, Derek Mckenna (Deceased), Barrie Bloom EAT/0728/02 17 Jun 2003 EAT The Honourable Mr Justice Burton (President) Employment EAT Unfair Dismissal - Exclusions Â J O Aniagwu v London Borough of Hackney EAT/186/03 17 Jun 2003 EAT His Hon Judge J R Reid QC Employment EAT Unfair Dismissal - Reason for dismissal Â A K Isaac v Cenglade Ltd EAT/770/02 17 Jun 2003 EAT Mr Recorder Luba Qc Employment EAT Unfair Dismissal - Contributory fault. [ EATn ] Â O Obasa v Kerry Chisholm Steven Mclivenny Northamptonshire County Council, Sally Bresnahan EAT/1455/01; [2003] EAT 1455_01_1706; [2003] UKEAT 1455_01_1706; EAT/1455/01 17 Jun 2003 EAT His Hon Judge J Burke QC Employment, Discrimination EAT Practice and Procedure - No case to answer 1 Cites [ Bailii ] - [ Bailii ] - [ EATn ] Â Tees and Hartlepool Port Authority Ltd v Ronald Bosomworth, Kenneth Harland, Derek Mckenna (Deceased), Barrie Bloom EAT/0728/02 17 Jun 2003 EAT The Honourable Mr Justice Burton (President) Employment EAT Unfair Dismissal - Exclusions including worker/jurisdiction. [ EATn ] Â A K Isaac v Cenglade Ltd EAT/770/02 17 Jun 2003 EAT Mr Recorder Luba QC Employment EAT Unfair Dismissal - Contributory fault Â Isaac v Cenglade Ltd [2003] UKEAT 0770_02_1706 17 Jun 2003 EAT Employment [ Bailii ] Â M M N Hossain and others v Sonali Trade and Finance UK Ltd EAT/176/02 17 Jun 2003 EAT The Honourable Mr S Justice Cox Qc Employment EAT Unlawful Deduction from Wages - (no sub-topic). [ EATn ] Â Bowley Data Systems v R Gill EAT/0889/02&EAT/0110/03 17 Jun 2003 EAT His Honour Judge J Burke Qc Employment EAT Practice and Procedure - Application/Claim. [ EATn ] Â Isaac v Cenglade Ltd [2003] EAT 0770_02_1706 17 Jun 2003 EAT Employment [ Bailii ] Â Hossain and others v Sonali Trade and Finance UK Ltd [2003] EAT 0176_02_0710 17 Jun 2003 EAT Employment [ Bailii ] Â M M N Hossain and others v Sonali Trade and Finance UK Ltd EAT/176/02 17 Jun 2003 EAT The Honourable Mr S Justice Cox QC Employment EAT Unlawful Deduction from Wages Â Mensah v West Middlesex University Hospital NHS Trust and Another [2003] EAT 0688_02_1806; [2003] UKEAT 0688_02_1806 18 Jun 2003 EAT Employment, Discrimination 1 Cites 1 Citers [ Bailii ] - [ Bailii ] Â Marshall v Kachra [2003] UKEAT 0374_03_1806 18 Jun 2003 EAT Employment [ Bailii ] Â Brown v First Security (Guards) Ltd [2003] UKEAT 0364_03_1806 18 Jun 2003 EAT Employment [ Bailii ] Â Brown v First Security (Guards) Ltd [2003] EAT 0364_03_1806 18 Jun 2003 EAT Employment [ Bailii ] Â Marshall v Kachra [2003] EAT 0374_03_1806 18 Jun 2003 EAT Employment [ Bailii ] Â Mohtasham v Simpson and Another [2003] EAT 0496_03_1806 18 Jun 2003 EAT Employment [ Bailii ] Â Mohtasham v Simpson and Another [2003] UKEAT 0496_03_1806 18 Jun 2003 EAT Employment [ Bailii ] Â Clay v Stuarts Ltd and Another [2003] EAT 0382_03_1806 18 Jun 2003 EAT Employment [ Bailii ] Â Clay v Stuarts Ltd and Another [2003] UKEAT 0382_03_1806 18 Jun 2003 EAT Employment [ Bailii ] Â Â Relaxion Group plc v Rhys-Harper; D'Souza v London Borough of Lambeth; Jones v 3M Healthcare Limited and three other actions; HL 19-Jun-2003 - [2003] UKHL 33; Times, 23 June 2003; [2003] ICR 867; Gazette, 31 July 2003; [2003] IRLR 484 Â Lawal v Northern Spirit Limited Gazette, 17 July 2003; [2003] UKHL 35; [2003] ICR 856; [2004] 1 All ER 187 19 Jun 2003 HL L Bingham of Cornhill, L. Millett, L. Nicholls of Birkenhead, L. Rodger of Earlsferry, L. Steyn Employment, Human Rights, Legal Professions, Natural Justice Counsel appearing at the tribunal had previously sat as a judge with a tribunal member. The opposing party asserted bias in the tribunal. Held: The test in Gough should be restated in part so that the court must first ascertain all the circumstances which have a bearing on the suggestion that the judge was biased. It must then ask whether those circumstances would lead a fair-minded and informed observer to conclude that there was a real possibility, or a real danger, the two being the same, that the tribunal was biased. The rules recognised the need to separate counsel's practice from the area in which he sat. The threshold is only a real possibility of unconscious bias. One starts by identifying the circumstances which are said to give rise to bias. Would a fair minded and informed observer, having considered the given facts, conclude that there was a real possibility that the tribunal was biased. Mr Lawal has succeeded on the issue of principle raised by the Recorder objection. 1 Cites 1 Citers [ House of Lords ] - [ Bailii ] Â D Page v North East Ambulance Service EAT/82/03 20 Jun 2003 EAT Mr Recorder Luba Qc Employment EAT Unfair Dismissal - Procedural fairness/automatically unfair dismissal. [ EATn ] Â Nemeth v D'Arcy White and Co and others [2003] UKEAT 0928_02_2006 20 Jun 2003 EAT Employment [ Bailii ] Â Roberts v Skelmersdale College [2003] EWCA Civ 954; [2003] ICR 1127; [2004] IRLR 69 20 Jun 2003 CA Mummery, Jonathan Parker, Scott Baker LJJ Employment 1 Cites 1 Citers [ Bailii ] Â Page v North East Ambulance Service [2003] EAT 0082_03_2006 20 Jun 2003 EAT Employment [ Bailii ] Â St Edmund of Canterbury Catholic High School v Hines [2003] EAT 1138_02_2609 20 Jun 2003 EAT Employment [ Bailii ] Â M Nemeth v D'Arcy White& Co and others UKEAT/928/02 20 Jun 2003 EAT His Hon Judge D M Levy Qc Employment EAT Practice and Procedure - Disposal of appeal inc. remission. [ EATn ] Â the Governing Body of St Rdmund of Canterbury Catholic High School v Ann Hines EAT/1138/02 20 Jun 2003 EAT The Honourable Mr S Justice Cox Dbe Employment EAT Unfair Dismissal - Constructive dismissal. [ EATn ] Â The Governing Body of St Rdmund of Canterbury Catholic High School v Ann Hines EAT/1138/02 20 Jun 2003 EAT The Honourable Mr S Justice Cox Dbe Employment EAT Unfair Dismissal - Constructive dismissal Â Page v North East Ambulance Service [2003] UKEAT 0082_03_2006 20 Jun 2003 EAT Employment [ Bailii ] Â Woods v the Royal College of Nursing EAT/837/02; [2003] EAT 0837_02_2006; [2003] UKEAT 0837_02_2006 20 Jun 2003 EAT His Hon Judge D M Levy QC Discrimination, Employment EAT Disability Discrimination - Disability [ Bailii ] - [ Bailii ] Â D Page v North East Ambulance Service EAT/82/03 20 Jun 2003 EAT Mr Recorder Luba QC Employment EAT Unfair Dismissal - Procedural fairness Â Peters v Sat Katar Co Ltd (in liquidation) Times, 01 July 2003; [2003] EWCA Civ 943; Gazette, 04 September 2003 20 Jun 2003 CA Peter, Keene LJJ, Sir Martin Nourse Litigation Practice, Employment The claimant had sent a notice of appeal, but it was lost in the post. He now appealed a refusal of leave to apply out of time. Held: The EAT should look at the circumstances. Here a litigant in person would not have been alerted to the need to check after getting no response form the EAT to his notice. Abdelghafar did not allow for delay arising from the postal service. Here the applicant had acted initally well within the time. The court was concerned at the use of standardised clauses in correspondence. 1 Cites [ Bailii ] Â Knotts v United Friendly Insurance Plc EAT/702/02; [2003] EAT 0702_02_2306; [2003] UKEAT 0702_02_2306 23 Jun 2003 EAT Mr Recorder Luba QC Employment EAT Unfair Dismissal - Exclusions 1 Cites 1 Citers [ Bailii ] - [ Bailii ] Â J Metha v Ealing Primary Care Trust EAT/0050/03 23 Jun 2003 EAT His Hon Judge J Burke QC Employment EAT Practice and Procedure - Preliminary issues Â Metha v Ealing Primary Care Trust [2003] UKEAT 0050_03_2306 23 Jun 2003 EAT Employment [ Bailii ] Â Naz v Orthet Ltd (T/A Emporio) and Another [2003] EAT 0320_03_2306 23 Jun 2003 EAT Employment [ Bailii ] Â Bradford v GMB Trade Union [2003] EAT 0253_03_2306 23 Jun 2003 EAT Employment [ Bailii ] Â Whitehead v Robertson Partnership [2003] UKEAT 0378_03_2306 23 Jun 2003 EAT Employment 1 Citers [ Bailii ] Â Sutcliffe v Stockport Metropolitan Borough Council [2003] UKEAT 0241_03_2306 23 Jun 2003 EAT Employment [ Bailii ] Â Whitehead v Robertson Partnership [2003] EAT 0378_03_2306 23 Jun 2003 EAT Employment 1 Cites [ Bailii ] Â A v B EAT/898/02 23 Jun 2003 EAT His Hon Judge J Burke QC Employment EAT Time Limits - Just and equitable extension Â A v R [2003] EAT 0898_02_2306 23 Jun 2003 EAT Employment [ Bailii ] Â Bradford v Gmb Trade Union [2003] UKEAT 0253_03_2306 23 Jun 2003 EAT Employment [ Bailii ] Â D N Sutcliffe v Stockport Metropolitan Borough Council EAT/241/03 23 Jun 2003 EAT The Honourable Mr Justice Burton (P) Employment EAT Unfair Dismissal - Reason for dismissal Â D N Sutcliffe v Stockport Metropolitan Borough Council EAT/241/03 23 Jun 2003 EAT The Honourable Mr Justice Burton (P) Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â Romium Ltd v J Mcmillan EATS/0007/03 23 Jun 2003 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Exclusions Â Metha v Ealing Primary Care Trust [2003] EAT 0050_03_2306 23 Jun 2003 EAT Employment [ Bailii ] Â Sutcliffe v Stockport Metropolitan Borough Council [2003] EAT 0241_03_2306 23 Jun 2003 EAT Employment [ Bailii ] Â Naz v Orthet Ltd (T/A Emporio) and Another [2003] UKEAT 0320_03_2306 23 Jun 2003 EAT Employment [ Bailii ] Â A v R EAT/898/02 23 Jun 2003 EAT His Hon Judge J Burke Qc Employment EAT Time Limits - Just and equitable extension. [ EATn ] Â Romium Ltd v Ms J Mcmillan EATS/0007/03 23 Jun 2003 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Exclusions including worker/jurisdiction. [ EATn ] Â Kingston Upon Hull City Council v Dunnachie EAT/706/02; [2003] EAT 0706_02_2306; [2003] UKEAT 0706_02_2306 23 Jun 2003 EAT The Honourable Mr Justice Burton (P) Employment EAT Unfair Dismissal - Procedural fairness/automatically unfair dismissal. 1 Cites 1 Citers [ Bailii ] - [ Bailii ] - [ EAT ] Â J Metha v Ealing Primary Care Trust EAT/0050/03 23 Jun 2003 EAT His Hon Judge J Burke Qc Employment EAT Practice and Procedure - Preliminary issues. [ EATn ] Â D J Knotts v United Friendly Insurance Plc EAT/702/02 23 Jun 2003 EAT Mr Recorder Luba Qc Employment EAT Unfair Dismissal - Exclusions including worker/jurisdiction. [ EATn ] Â A v R [2003] UKEAT 0898_02_2306 23 Jun 2003 EAT Employment [ Bailii ] Â George Cameron v Stagecoach Scotland Ltd T/A Stagecoach Bluebird EATS/0071/02 24 Jun 2003 EAT The Honourable Lord Johnston Employment EAT Practice and Procedure - Application/Claim. [ EATn ] Â Captain James Watt Smith v Gulf Offshore Guernsey Ltd (Formerly Guernsey Ship Management Ltd) EATS/0001/03 24 Jun 2003 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Exclusions Â Monaghan Ltd v Wilson [2003] UKEAT 1205_01_2406 24 Jun 2003 EAT Employment [ Bailii ] Â Boughton v TVR Engineering Ltd [2003] EAT 0987_02_2406; [2003] UKEAT 0987_02_2406 24 Jun 2003 EAT Employment [ Bailii ] - [ Bailii ] Â Susie Radin Limited v GMB and others EAT/712/02; [2003] EAT 0712_02_2406; [2003] UKEAT 0712_02_2406 24 Jun 2003 EAT His Hon Judge D M Levy QC Employment EAT Redundancy - Protective award 1 Citers [ Bailii ] - [ Bailii ] - [ EATn ] Â Cook (T/A Repairs Plus) v Trueblood [2003] UKEAT 0322_03_2406 24 Jun 2003 EAT Employment [ Bailii ] Â Brown and Another v Coastline Container Line Ltd (Race Discrimination) [2003] NIIT 38 24 Jun 2003 NIIT Northern Ireland, Employment [ Bailii ] Â George Cameron v Stagecoach Scotland Ltd T/A Stagecoach Bluebird EATS/0071/02 24 Jun 2003 EAT The Honourable Lord Johnston Employment EAT Practice and Procedure - Application Â Gray Monaghan Ltd v Ms D Wilson EAT/1205/01 24 Jun 2003 EAT His Hon Judge J Burke Qc Employment EAT National Minimum Wage - (no sub-topic). [ EATn ] Â Captain James Watt Smith v Gulf Offshore Guernsey Ltd (Formerly Guernsey Ship Management Ltd) EATS/0001/03 24 Jun 2003 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Exclusions including worker/jurisdiction. [ EATn ] Â Captain James Watt Smith v Gulf Offshore Guernsey Ltd [2003] UKEAT 0001_03_2406 24 Jun 2003 EAT Employment [ Bailii ] Â Cameron v Stagecoach Scotland Ltd (T/A Stagecoach Bluebird) [2003] UKEAT 0071_02_2406 24 Jun 2003 EAT Employment [ Bailii ] Â Cook (T/A Repairs Plus) v Trueblood [2003] EAT 0322_03_2406 24 Jun 2003 EAT Employment [ Bailii ] Â JNJ Bricklaying Limited v L Stacey and 5 others EAT/0088/03 25 Jun 2003 EAT His Honour Judge Peter Clark Employment EAT Working Time Regulations Â Sian v Abbey National Plc PA/207/03; [2003] EAT 0207_03_2506; [2003] UKEAT 0207_03_2506; [2004] ICR 55; [2004] IRLR 185 25 Jun 2003 EAT The Honourable Mr Justice Burton (P) Employment EAT Practice and Procedure - Time for appealing 1 Cites 1 Citers [ Bailii ] - [ Bailii ] - [ EATn ] Â Norwich Union Life Services Ltd v Brian Menzies EATS/0002/03 25 Jun 2003 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Exclusions Â R J Prentice Brickwork Limited v B O'Brien EAT/1086/02; [2003] EAT 1086_02_0707 25 Jun 2003 EAT His Honour Judge Peter Clark Employment EAT Working Time Regulations [ Bailii ] Â Helen Mclean v Bruntsfield Parent Teacher Association EATS/0003/03 25 Jun 2003 EAT The Honourable Lord Johnston Employment EAT Practice and Procedure - Application/Claim. [ EATn ] Â Norwich Union Life Services Ltd v Brian Menzies EATS/0002/03 25 Jun 2003 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Exclusions including worker/jurisdiction. [ EATn ] Â JNJ Bricklaying Limited v L Stacey and 5 others EAT/0088/03 25 Jun 2003 EAT His Honour Judge Peter Clark Employment EAT Working Time Regulations - (no sub-topic). [ EATn ] Â Knights Worldwide Ltd v Melhuish [2003] EAT 1598_02_2506; [2003] UKEAT 1598_02_2506 25 Jun 2003 EAT Employment [ Bailii ] - [ Bailii ] Â R J Prentice Brickwork Limited v B O'Brien EAT/1086/02 25 Jun 2003 EAT His Honour Judge Peter Clark Employment EAT Working Time Regulations - (no sub-topic). [ EATn ] Â Helen Mclean v Bruntsfield Parent Teacher Association EATS/0003/03 25 Jun 2003 EAT The Honourable Lord Johnston Employment EAT Practice and Procedure - Application Â Wigglesworth v Seager [2003] EAT 0019_03_2506; [2003] UKEAT 0019_03_2506 25 Jun 2003 EAT Employment [ Bailii ] - [ Bailii ] Â Marshalls Clay Products Ltd Pearce Clarke, Sutton, Hoy v Caulfield and others, Huw Howatson Ltd Frank Studdon Ltd, Potting Constuction Ltd, Hanlin Construction EAT/0198/03; EAT/0392/03; EAT/0589/02; EAT/0900/02; EAT/1447/01; Times, 25 August 2003; [2004] ICR 1502 25 Jun 2003 EAT The Honourable Mr Justice Burton (P) Employment Conjoined appeals were considered on the issue of whether holiday pay arrangements met the requirements of the Working Time Regulations, where holiday pay was in some was rolled up with normal pay. Held: Five categories were identified. Those were silent as to holiday pay; contracts excluding entitlement; contracts where holiday pay was included within standard rates but no rate was identified; contracts with a basic rate topped up with a specified amount; and contracts making holiday payments immediately before or after a holiday. The directive had as its objects not only the regulation of working time, but also the minimisation of administrative burdens. Contracts would be valid where the amount of holiday pay was clearly set out or calculable, but not where it was undifferentiated. Working Time Regulations 1998 (1998 No 1833) 13(1) 16(1) - Working Time Directive (Council Directive 93/104/EC) 1 Citers [ EATn ] Â Mclean v Bruntsfield Parent Teacher Association [2003] UKEAT 0003_03_2506 25 Jun 2003 EAT Employment [ Bailii ] Â Norwich Union Life Services v Menzies [2003] UKEAT 0002_03_2506 25 Jun 2003 EAT Employment [ Bailii ] Â Khashaba v Medacs Healthcare Services Plc [2003] UKEAT 0358_03_2606 26 Jun 2003 EAT Employment [ Bailii ] Â Merrow Park Surgery v B Wallis EAT/361/03; [2003] EAT 0361_03_2606; [2003] UKEAT 0361_03_2606 26 Jun 2003 EAT The Honourable Mr S Justice Cox QC Employment EAT Practice and Procedure - Review EAT Practice and Procedure - Review. [ Bailii ] - [ Bailii ] - [ EATn ] Â Litecraft Glasgow Ltd v Sinclair [2003] UKEAT 0006_03_2606 26 Jun 2003 EAT Employment [ Bailii ] Â Clare Louise Jones v HSBC Bank Plc EAT/1036/02 26 Jun 2003 EAT The Honourable Mr S Justice Cox Employment, Discrimination EAT Disability Discrimination - Less favourable treatment Â A M Khashaba v Medacs Healthcare Services Plc EAT/358/03 26 Jun 2003 EAT His Hon Judge D M Levy QC Employment EAT Practice and Procedure - Striking-out Â Litecraft Glasgow Ltd v Irene Sinclair EATS/0006/03 26 Jun 2003 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Exclusions Â A M Khashaba v Medacs Healthcare Services Plc EAT/358/03 26 Jun 2003 EAT His Hon Judge D M Levy Qc Employment EAT Practice and Procedure - Striking-out/dismissal. [ EATn ] Â Litecraft Glasgow Ltd v Irene Sinclair EATS/0006/03 26 Jun 2003 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Exclusions including worker/jurisdiction. [ EATn ] Â Khashaba v Medacs Healthcare Services Plc [2003] EAT 0358_03_2606 26 Jun 2003 EAT Employment [ Bailii ] Â Christopher Evans v SMG Television Limited etc [2003] EWHC 1423 (Ch) 26 Jun 2003 ChD Mr Justice Lightman Media, Company, Employment The claimant had a series of agreements with the respondents. He had worked as radio presenter, having sold the radio station to the respondents. He was later dismissed and now sought damages for wrongful dismissal and breach of a partnership agreement. The defendants alleged he had breached the contracts inter alia by his failure to attend to business. Held: The claimant was severely criticised in his character and behaviour. His breaches of the contract were such as to justify the defendants treating his behaviour as repudiatory, and to reject offers to comply with the contracts in future as empty. The judge criticised the refusal of the parties to mitigate the costs of such actions. 1 Cites [ Bailii ] Â Mackay v Aberdeenshire Council [2003] UKEAT 0008_03_2706 27 Jun 2003 EAT Employment [ Bailii ] Â Brennan v Bedford Borough Council [2003] EAT 0317_03_3006 30 Jun 2003 EAT Employment [ Bailii ] Â Brennan v Bedford Borough Council [2003] UKEAT 0317_03_3006 30 Jun 2003 EAT Employment [ Bailii ] Â J F Brennan v Bedford Borough Council EAT/317/03 30 Jun 2003 EAT The Honourable Mr Justice Burton (P) Employment EAT Practice and Procedure - Split hearings Â Inchcape UK Ltd v Dolores Del-Rio Murrell EAT/1090/02 30 Jun 2003 EAT Mr Recorder Luba QC Employment EAT Unfair Dismissal - Procedural fairness Â J F Brennan v Bedford Borough Council EAT/317/03 30 Jun 2003 EAT The Honourable Mr Justice Burton (P) Employment EAT Practice and Procedure - Split hearings. [ EATn ] Â Inchcape UK Ltd v Dolores Del-Rio Murrell EAT/1090/02 30 Jun 2003 EAT Mr Recorder Luba Qc Employment EAT Unfair Dismissal - Procedural fairness/automatically unfair dismissal. [ EATn ] Â Â Mattis v Pollock (T/A Flamingo's Nightclub); CA 1-Jul-2003 - [2003] EWCA Civ 887; [2003] 1 WLR 2158; [2003] IRLR 603; [2004] PIQR P3; [2003] ICR 1335; [2004] 4 All ER 85 Â Wyndham (T/A John Wyndham Hair Care) v Miller [2003] EAT 1034_02_0107; [2003] UKEAT 1034_02_0107 1 Jul 2003 EAT Employment 1 Cites 1 Citers [ Bailii ] - [ Bailii ] Â University of Brighton v Tabary-Peterssen [2003] EAT 0747_02_0107 1 Jul 2003 EAT Employment [ Bailii ] Â Thorpe v Dul and others [2003] EAT 0630_02_0107 1 Jul 2003 EAT Employment [ Bailii ] Â Prescott v Secretary of State for Trade and Industry [2003] EAT 0051_03_0107 1 Jul 2003 EAT Employment [ Bailii ] Â Flintshire County Council v Sutton [2003] EAT 1082_02_0107 1 Jul 2003 EAT Employment [ Bailii ] Â Whittle v Parity Training Ltd and Another [2003] EAT 0573_02_0107; [2003] UKEAT 0573_02_0107 1 Jul 2003 EAT Employment [ Bailii ] - [ Bailii ] Â Corus and Regal Hotels Plc v I M Wilkinson [2003] EAT 0102_03_0107; [2003] UKEAT 0102_03_0107 1 Jul 2003 EAT The Honourable Mr S Justice Cox QC Employment EAT Unfair Dismissal - Reason for dismissal 1 Cites 1 Citers [ Bailii ] Â Cavil v Barratt Homes Ltd [2003] UKEAT 0208_03_0107 1 Jul 2003 EAT Employment [ Bailii ] Â Corus and Regal Hotels Plc v Im Wilkinson UKEAT/0102/03 1 Jul 2003 EAT The Honourable Mrs Justice Cox Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â Thorpe v Dul and others [2003] UKEAT 0630_02_0107 1 Jul 2003 EAT Employment [ Bailii ] Â Flintshire County Council v Sutton [2003] UKEAT 1082_02_0107 1 Jul 2003 EAT Employment [ Bailii ] Â University of Brighton v Tabary-Peterssen [2003] UKEAT 0747_02_0107 1 Jul 2003 EAT Employment [ Bailii ] Â Prescott v Secretary of State for Trade and Industry [2003] UKEAT 0051_03_0107 1 Jul 2003 EAT Employment [ Bailii ] Â Cavil v Barratt Homes Ltd [2003] EAT 0208_03_0107 1 Jul 2003 EAT Employment [ Bailii ] Â Bunning v G T Bunning and Sons Ltd EAT/0136/03; [2003] EAT 0136_03_0107; [2003] UKEAT 0136_03_0107 1 Jul 2003 EAT His Honour Judge Peter Clark Employment EAT Unfair Dismissal - Contributory fault 1 Citers [ Bailii ] - [ Bailii ] - [ EAT ] Â Manpower UK Ltd v Mulford [2003] UKEAT 0148_03_0207 2 Jul 2003 EAT Employment [ Bailii ] Â Butcher v The Salvage Association [2003] UKEAT 0988_01_0207 2 Jul 2003 EAT Employment 1 Cites [ Bailii ] Â Camden v Sheehan [2003] UKEAT 0763_02_0207 2 Jul 2003 EAT Employment [ Bailii ] Â Deman v The Association of University Teachers and Others [2003] EAT 0266_03_0207; [2003] UKEAT 0266_03_0207; EAT/142/03; EAT/266/03 2 Jul 2003 EAT Mr Recorder Luba QC Discrimination, Employment EAT Practice and Procedure - Estoppel EAT Practice and Procedure - Estoppel or Abuse of Process. 1 Cites 1 Citers [ Bailii ] - [ Bailii ] - [ EAT ] Â Camden v Sheehan [2003] EAT 0763_02_0207 2 Jul 2003 EAT Employment [ Bailii ] Â Jenkins v Legoland Windsor Park Ltd [2003] UKEAT 1155_02_0307 3 Jul 2003 EAT Employment [ Bailii ] Â Jenkins v Legoland Windsor Park Ltd [2003] EAT 1155_02_0307 3 Jul 2003 EAT Employment [ Bailii ] Â King v The University Court of the University of St Andrews [2003] ScotCS 186 3 Jul 2003 OHCS Lord Bracadale Employment 1 Cites 1 Citers [ Bailii ] Â Archer v Williams [2003] EWHC 1670 (QB); [2003] EMLR 38 3 Jul 2003 QBD Jackson J Information, Employment The claimant brought an action for breach of confidence against a former employee. 1 Citers [ Bailii ] Â North Essex Health Authority (Not Know As Strategic Health Authorty) v Dr C Davied-John EAT/232/03 4 Jul 2003 EAT His Hon Judge D M Levy Qc Employment EAT Contract of Employment - Definition of employee. [ EATn ] Â North Essex Health Authority (Not Know As Strategic Health Authorty) v Dr C Davied-John EAT/232/03 4 Jul 2003 EAT His Hon Judge D M Levy QC Employment EAT Contract of Employment - Definition of employee Â London Borough of Islington v A Bamigbade EAT618/02; [2003] EAT 0618_02_0407; [2003] UKEAT 0618_02_0407 4 Jul 2003 EAT Mr Recorder Luba QC Discrimination, Employment EAT Race Discrimination - Indirect [ Bailii ] - [ Bailii ] Â Rj Prentice Brickwork Ltd v O'Brien [2003] UKEAT 1086_02_0707 7 Jul 2003 EAT Employment [ Bailii ] Â The Law Society v Kamlesh Bahl EAT/1057/01; EAT/1056/01; [2003] UKEAT 1056_01_3107 7 Jul 2003 EAT The Honourable Mr Justice Elias Employment, Discrimination EAT Sex Discrimination - Direct The complainant had been suspended from her position as Vice President of the Law Society. The Society and its officers appealed findings of sex and race discrimination against her. The complainant appealed findings that she had lied to the tribunal on oath, and that the discrimination had been only indirect. Held: The finding that she had lied under oath to the tribunal was not part of the tribunal's order and could not be challenged on appeal. All unlawful discriminatory treatment is unreasonable, but not all unreasonable treatment is discriminatory, and it is not shown to be so merely because the victim is either a woman or of a minority race or colour. The fact of unreasonable behaviour operates to increase the possibility of finding explanations for behaviour challengeable. There must be evidence independent of hostile treatment to justify the inference of discrimination on proscribed grounds. It is not possible to state whether the chosen comparator would have been differently treated independently of knowing why the alleged victim was treated in the way in which he or she was. The tribunal erred in law in not distinguishing between the race and sex discrimination. The tribunal had failed to identify the facts upon which their inference of discrimination was based. The complete absence of evidence to support the allegation of discrimination whether for sex or race made the findings unsustainable. There was no proper basis for concluding that Mrs Betts was treating Dr. Bahl less favourably because of Dr. Bahl’s race or sex. Similarly, there was even less justification in the light of the evidence for imputing such improper discriminatory conduct to Mr Sayer. Sex Discrimination Act 1975 12 - Race Relations Act 1976 11 1 Cites 1 Citers [ Bailii ] - [ EATn ] Â Kingston Upon Hull City Council v Dunnachie; HSBC Bank Plc v Drage [2003] UKEAT 0369_02_0807; EAT/1036/02; EAT/848/02 7 Jul 2003 EAT The Honourable Mr Justice Burton (P) Employment EAT Practice and Procedure - Costs EAT Practice and Procedure - Costs. 1 Cites 1 Citers [ EATn ] Â Eastbourne Borough Council v Foster EAT/268/03; [2003] EAT 0268_03_0807 8 Jul 2003 EAT His Hon Judge D M Levy QC Employment EAT Redundancy - Protective award 1 Cites 1 Citers [ Bailii ] - [ EATn ] Â JNJ Bricklaying Ltd v Stacey and others [2003] EAT 0088_03_0807 8 Jul 2003 EAT Employment [ Bailii ] Â JNJ Bricklaying Ltd v Stacey and others [2003] UKEAT 0088_03_0807 8 Jul 2003 EAT Employment [ Bailii ] Â Billany v Knutsford Conservative Club [2003] EAT 0065_03_0807 8 Jul 2003 EAT Employment [ Bailii ] Â HSBC Plc v C Drage EAT/1036/02; [2003] EAT 0369_02_0807; EAT/848/02 8 Jul 2003 EAT The Honourable Mr Justice Burton (P) Employment EAT Unfair Dismissal - Reason for dismissal [ Bailii ] - [ Bailii ] Â Billany v Knutsford Conservative Club [2003] UKEAT 0065_03_0807 8 Jul 2003 EAT Employment [ Bailii ] Â Hsbc Plc v C Drage EAT/369/03 1036/02 8 Jul 2003 EAT The Honourable Mr Justice Burton (P) Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â Hsbc Plc v C Drage EAT/369/02 &T=EAT/1036/02 8 Jul 2003 EAT The Honourable Mr Justice Burton (P) Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â Eastbourne Borough Council v Foster [2003] UKEAT 0268_03_0807 8 Jul 2003 EAT Employment [ Bailii ] Â Al-Kadhimi and others v Saudi Arabia [2003] EAT 0063_02_0807; [2003] UKEAT 0063_02_0807 8 Jul 2003 EAT Employment 1 Citers [ Bailii ] - [ Bailii ] Â C Wheeler v the Royal Mail Group Plc EAT/154/03 & EAT/468/03 9 Jul 2003 EAT His Hon Judge Prophet Employment EAT Practice and Procedure - Amendment Â Mohindra v London Borough of Ealing and others [2003] EAT 0149_03_0907 9 Jul 2003 EAT Employment [ Bailii ] Â Wheeler v Royal Mail Group Plc [2003] UKEAT 154_03_0907 9 Jul 2003 EAT Employment [ Bailii ] Â Wheeler v The Royal Mail Group Plc EAT/154/03 & EAT/468/03 9 Jul 2003 EAT His Hon Judge Prophet Employment EAT Practice and Procedure - Amendment. [ EATn ] Â Mohindra v London Borough of Ealing and others [2003] UKEAT 0149_03_0907 9 Jul 2003 EAT Employment [ Bailii ] Â Wheeler v Royal Mail Group Plc [2003] EAT 154_03_0907 9 Jul 2003 EAT Employment [ Bailii ] Â Kennedy v Humphrey (T/A Humphrey Agriculture) and Another (Unfair Dismissal/Breach of Contract) [2003] NIIT 26 9 Jul 2003 NIIT Northern Ireland, Employment [ Bailii ] Â Spencer v Sillitoe, Fujitsu Services Limited (Formerly ICL) [2003] EWHC 1651 QB 9 Jul 2003 QBD The Honourable Mr Justice Eady Employment 1 Cites 1 Citers [ Bailii ] Â Tees and Hartlepool Port Authority Ltd v Bosomworth and others [2003] UKEAT 0728_02_1007 10 Jul 2003 EAT Employment [ Bailii ] Â Tees and Hartlepool Port Authority Ltd v Bosomworth and others [2003] EAT 0728_02_1007 10 Jul 2003 EAT Employment [ Bailii ] Â Dudley Bower Building Services Ltd v Lowe and others [2003] IRLR 260; Gazette, 10 July 2003 10 Jul 2003 EAT Employment There was no reason in principle why the work carried out by a single person could not itself be a sufficient 'stable economic entity' to generate protection under the Regulations. Transfer of Undertakings (Protection of Employment) Regulations 1981 Â London Underground Ltd v Ferenc-Batchelor; Harding v London Underground Ltd Gazette, 10 July 2003; [2003] IRLR 252; [2003] ICR 656 10 Jul 2003 EAT Employment The employees argued that they should be allowed to be accompanied by a representative to a meeting where they might receive an oral warning. Held: A disciplinary warning becomes a formal warning within the section where it is recordable as part of the employees formal disciplinary record. Employment Relations Act 1999 13(4)(a) 1 Citers Â Dr S M Vaezi-Nejad v University of Greenwich EAT/1114/02 11 Jul 2003 EAT His Hon Judge D M Levy Qc Employment EAT Practice and Procedure - Striking-out/dismissal. [ EATn ] Â London General Transport Services Limited v G Afflick and others EAT/520/03 11 Jul 2003 EAT His Hon Judge D M Levy QC Employment EAT Practice and Procedure - Permission to appeal further Â Dr S M Vaezi-Nejad v University of Greenwich EAT/1114/02; [2003] EAT 1114_02_1107; [2003] UKEAT 1114_02_1107 11 Jul 2003 EAT His Hon Judge D M Levy QC Employment EAT Practice and Procedure - Costs [ Bailii ] - [ Bailii ] Â London General Transport Services Limited v G Afflick and others EAT/520/03 11 Jul 2003 EAT His Hon Judge D M Levy Qc Employment EAT Practice and Procedure - Permission to appeal further. [ EATn ] Â London General Transport Services Ltd v Afflick and others [2003] EAT 0520_03_1107 11 Jul 2003 EAT Employment [ Bailii ] Â Nicholls v Cli Ltd [2003] UKEAT 0504_03_1107 11 Jul 2003 EAT Employment [ Bailii ] Â London General Transport Services Ltd v Afflick and others [2003] UKEAT 0520_03_1107 11 Jul 2003 EAT Employment [ Bailii ] Â Glen Dimplex UK Ltd v G Burrows EAT/265/03 11 Jul 2003 EAT His Hon Judge Clark Employment EAT Unfair Dismissal - Compensation. 1 Citers [ EAT ] Â Nicholls v Cli Ltd [2003] EAT 0504_03_1107 11 Jul 2003 EAT Employment [ Bailii ] Â T B Nicholls v Cli Ltd EAT/504/03 11 Jul 2003 EAT His Hon Judge Clark Employment EAT Practice and Procedure - Disclosure Â T B Nicholls v Cli Ltd EAT/504/03 11 Jul 2003 EAT His Hon Judge Clark Employment EAT Practice and Procedure - Disclosure. [ EATn ] Â Hm Prison Service v Hammouda [2003] EAT 0029_03_1407 14 Jul 2003 EAT Employment [ Bailii ] Â Hm Prison Service v Hammouda [2003] UKEAT 0029_03_1407 14 Jul 2003 EAT Employment [ Bailii ] Â Bowne International Ltd v A Silverston EAT/256/03; [2003] EAT 0256_03_1407; [2003] UKEAT 0256_03_1407 14 Jul 2003 EAT His Hon Judge D M Levy QC Employment EAT Redundancy - Fairness [ Bailii ] - [ Bailii ] - [ EATn ] Â Majid v London Metropolitan University and Another [2003] UKEAT 0275_03_1507 15 Jul 2003 EAT Employment [ Bailii ] Â Majid v London Metropolitan University and Another [2003] EAT 0275_03_1507 15 Jul 2003 EAT Employment [ Bailii ] Â The University of Huddersfield v Dr P R Wolff EAT/596/02; [2003] EAT 0596_02_1607; [2003] UKEAT 0596_02_1607 16 Jul 2003 EAT The Honourable Mr Justice Burton (P) Discrimination, Employment EAT Sex Discrimination - Burden of proof 1 Cites [ Bailii ] - [ Bailii ] - [ EATn ] Â HCA International Ltd v Leamy, Tsalma EAT/344/03 16 Jul 2003 EAT His Hon Judge D M Levy Qc Employment EAT Contract of Employment - Definition of employee EAT Contract of Employment - Definition of employee. [ EAT ] Â Apelogun-Gabriels v London Borough of Lambeth and Another (No 2) [2003] EAT 1108_02_1607; [2003] UKEAT 1108_02_1607; EAT/1102/02 16 Jul 2003 EAT His Hon Judge Clark Employment EAT Practice and Procedure - Estoppel or Abuse of Process. 1 Cites [ Bailii ] - [ Bailii ] - [ EAT ] Â Denteh v Commissioner of Police for the Metropolis and others [2003] UKEAT 1033_00_1607 16 Jul 2003 EAT Employment [ Bailii ] Â HCA International Ltd v Leamy and Another [2003] EAT 0344_03_1607; [2003] UKEAT 0344_03_1607 16 Jul 2003 EAT Employment [ Bailii ] - [ Bailii ] Â Jayawardane v Customs and Excise [2003] EWCA Civ 1194 17 Jul 2003 CA Employment, Discrimination [ Bailii ] Â Obasa v Chisholm and others [2003] UKEAT 1455_01_1707 17 Jul 2003 EAT Employment, Discrimination [ Bailii ] Â M Barcelos v London Borough of Hammersmith and Fulham EAT/0331/03 17 Jul 2003 EAT His Honour Judge Peter Clark Employment EAT Unfair Dismissal - Reasonableness of dismissal. [ EATn ] Â M Barcelos v London Borough of Hammersmith and Fulham EAT/0331/03; [2003] EAT 0331_03_1707; [2003] UKEAT 0331_03_1707 17 Jul 2003 EAT His Honour Judge Peter Clark Employment EAT Unfair Dismissal - Reasonableness of dismissal [ Bailii ] - [ Bailii ] Â AGCO Limited v Massey Ferguson Works Pension Trust Limited, Bradbury, Chater [2003] EWCA Civ 1044; Times, 24 July 2003; Gazette, 18 September 2003; [2003] OPLR 199; [2003] IRLR 783; [2003] Pens LR 241; [2004] ICR 15 17 Jul 2003 CA Lord Justice Rix Lord Justice Aldous Lord Justice Sedley And Lady Justice Arden Employment, Financial Services An employee sought payment under his pension scheme on taking redundancy at the employer's request. The scheme did not make explicit provision for payment in such circumstances. Held: The court had to begin with the words used. The kernel of retirement is the cessation of work. An employee is entitled to a normal retirement pension at the normal retirement date and that the basic rule is that if he leaves service early then he is still entitled to that pension at that time. One comes back, therefore, to the fact that a normal retirement pension is measured against retirement in the ordinary way at the retirement age. Save for the possibility of exceptional cases where the use of the expression is in truth a misuse of language, the case of voluntary redundancy fits better in the latter camp of a retirement at the request of the employer. 1 Cites [ Bailii ] Â Brennan v Inland Revenue [2003] UKEAT 0521_03_1807 18 Jul 2003 EAT Employment [ Bailii ] Â Aniagwu v London Borough of Hackney [2003] EAT 0186_03_1807 18 Jul 2003 EAT Employment [ Bailii ] Â Stotardt v Selkent Bus Co and Another [2003] EWHC 2135 (QB) 18 Jul 2003 QBD Employment [ Bailii ] Â Brennan v Inland Revenue [2003] EAT 0521_03_1807 18 Jul 2003 EAT Employment [ Bailii ] Â Aniagwu v London Borough of Hackney [2003] UKEAT 0186_03_1807 18 Jul 2003 EAT Employment [ Bailii ] Â Nwoke v London Borough of Brent EAT/1137/02; [2003] EAT 1137_02_1807; [2003] UKEAT 1137_02_1807 18 Jul 2003 EAT The Honourable Mr Justice Wall Employment EAT Time Limits - Just and equitable extension 1 Cites [ Bailii ] - [ Bailii ] - [ EATn ] Â I Cretney, D Larmond v South Thames College EAT/318/03 21 Jul 2003 EAT His Hon Judge D M Levy Qc Employment EAT National Minimum Wage - (no sub-topic). [ EATn ] Â Tameside Welfare Rights Unit Ltd v Martin and Another [2003] UKEAT 0084_03_2107 21 Jul 2003 EAT Peter Clark HHJ Employment Appeal from finding of unfair dismissals. [ Bailii ] Â Cretney v Larmond and Another [2003] EAT 0318_03_2107 21 Jul 2003 EAT Employment [ Bailii ] Â Wlodarczyk v Shell Pensions Management Services and others [2003] UKEAT 0330_03_2107 21 Jul 2003 EAT Employment [ Bailii ] Â I Cretney D Larmond v South Thames College EAT/318/03 21 Jul 2003 EAT His Hon Judge D M Levy QC Employment EAT National Minimum Wage - Â Tameside Welfare Rights Unit Ltd v Ms S L Martin, S Ogden EAT/0084/03 21 Jul 2003 EAT His Hon Judge Clark Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â Wlodarczyk v Shell Pensions Management Services and others [2003] EAT 0330_03_2107 21 Jul 2003 EAT Employment [ Bailii ] Â Cretney v Larmond and Another [2003] UKEAT 0318_03_2107 21 Jul 2003 EAT Employment [ Bailii ] Â Tameside Welfare Rights Unit Ltd v Martin and Another [2003] EAT 0084_03_2107 21 Jul 2003 EAT Employment [ Bailii ] Â Tameside Welfare Rights Unit Ltd v S L Martin S Ogden EAT/0084/03 21 Jul 2003 EAT His Hon Judge Clark Employment EAT Unfair Dismissal - Reason for dismissal Â MFI UK Ltd v Bradley and others [2003] EAT 1125_02_2107; [2003] UKEAT 1125_02_2107; EAT/1125/02 21 Jul 2003 EAT The Honourable Mr Justice Wall Employment EAT Sex Discrimination - Indirect. [ Bailii ] - [ Bailii ] - [ EAT ] Â W R Marshall v Bcm Group Plc EAT/401/03 22 Jul 2003 EAT The Honourable Mr Justice Burton (P) Employment EAT Unfair Dismissal - Constructive dismissal. [ EATn ] Â Marshall v Bcm Group Plc [2003] EAT 0401_03_2207 22 Jul 2003 EAT Employment [ Bailii ] Â Marshall v Bcm Group Plc [2003] UKEAT 0401_03_2207 22 Jul 2003 EAT Employment [ Bailii ] Â W R Marshall v Bcm Group Plc EAT/401/03 22 Jul 2003 EAT The Honourable Mr Justice Burton (P) Employment EAT Unfair Dismissal - Constructive dismissal Â Sukui-Lennard v Croydon Primary Healthcare Trust Times, 14 August 2003; [2003] EWCA Civ 1192 22 Jul 2003 CA Perter Gibson, Mance, Longmore LJJ Employment, Discrimination, Civil Procedure Rules The appellant sought to appeal a striking out of her complaint of race discrimination. She appealed from the Employment Appeal Tribunal which had rejected her appeal in its preliminary hearing procedure. Held: The Court of Appeal had the power to return a case to the full Employment Appeal Tribunal so that it could hear and determine points necessary for the decision in the Appeal. An appeal from a decision under the preliminary hearing procedure risked matters coming to the Court of Appeal which would be better have been resolved before the appeal. This case was one such. Civil Procedure Rules 52.10(2)(b) 1 Cites 1 Citers [ Bailii ] Â Logan v Commissioners of Customs and Excise [2003] EWCA Civ 1068; Times, 04 September 2003; Gazette, 02 October 2003 23 Jul 2003 CA Lord Justice May Lord Justice Ward Lord Justice Carnwath Employment The respondent had at the close of the claimant's case submitted that it had no case to answer. The tribunal agreed and discharged the claim without hearing from the respondent. The employer appealed the EAT's decision to allow her appeal. Held: Stopping the case was a step which no reasonable tribunal, properly directing itself, would have taken in these circumstances, and the appeal against the Employment Tribunal's decision must succeed. "The shortcut [of the submission of no case to answer] has once again led to a much longer journey for the parties at greater expense." 1 Cites 1 Citers [ Bailii ] Â Camden and others v Singh [2003] EAT 0294_03_3007 23 Jul 2003 EAT Employment [ Bailii ] Â Donlon v City of Wakefield Metropolitan District Council [2003] EWCA Civ 1200 23 Jul 2003 CA Employment [ Bailii ] Â Sahota v Birmingham City Council [2003] EAT 0359_03_2407 24 Jul 2003 EAT Employment [ Bailii ] Â Sahota v Birmingham City Council EAT/359/03 24 Jul 2003 EAT The Honourable Mr Justice Elias Employment EAT Practice and Procedure - Split hearings. [ EAT ] Â Defer-Wyatt v Willia and others [2003] EAT 0270_03_2407; [2003] UKEAT 0270_03_2407 24 Jul 2003 EAT Employment [ Bailii ] - [ Bailii ] Â Hoy v Hanlin Construction [2003] EAT 0198_03_2407 24 Jul 2003 EAT Employment [ Bailii ] Â AAH Pharmaceutical Ltd v A Carmichael EAT/325/03; [2003] UKEAT 0325_03_2407 24 Jul 2003 EAT His Hon Judge D M Levy QC Employment EAT Unfair Dismissal - Exclusions [ Bailii ] Â AAH Pharmaceutical Ltd v Carmichael EAT/325/03 24 Jul 2003 EAT His Hon Judge D M Levy Qc Employment EAT Unfair Dismissal - Exclusions including worker/jurisdiction. [ EAT ] Â D Defer-Wyatt v Brenig Williams and others EAT/270/03 24 Jul 2003 EAT His Hon Judge Clark Employment EAT Practice and Procedure - Service. [ EAT ] Â AAH Pharmaceuticals Ltd v Carmichael [2003] EAT 0325_03_2407 24 Jul 2003 EAT Employment [ Bailii ] Â Jones v DAS Legal Expenses Insurance Co Ltd and Others [2003] EWCA Civ 1071 24 Jul 2003 CA Discrimination, Employment [ Bailii ] Â R Sahota v Birmingham City Council EAT/359/03 24 Jul 2003 EAT The Honourable Mr Justice Elias Employment EAT Practice and Procedure - Split hearings Â Roberts v West Coast Trains Ltd EAT/312/03; [2003] EAT 0312_03_2407; [2003] UKEAT 0312_03_2407 24 Jul 2003 EAT The Honourable Mr Justice Elias Employment EAT Unfair Dismissal - Reason for dismissal EAT Unfair Dismissal - Reason for dismissal including substantial other reason. 1 Cites 1 Citers [ Bailii ] - [ Bailii ] - [ EAT ] Â D Defer-Wyatt v Brenig Williams and others EAT/270/03 24 Jul 2003 EAT His Hon Judge Clark Employment EAT Practice and Procedure - Service Â Hoy v Hanlin Construction [2003] UKEAT 0198_03_2407 24 Jul 2003 EAT Employment [ Bailii ] Â Sahota v Birmingham City Council [2003] UKEAT 0359_03_2407 24 Jul 2003 EAT Elias P Employment, Discrimination Appeal against refusal of claim for disability discrimination [ Bailii ] Â Stanley Cole (Wainfleet) Ltd v Sheridan [2003] EWCA Civ 1046; Times, 05 September 2003; Gazette, 02 October 2003; [2003] 4 All ER 1181; [2003] IRLR 885; [2003] ICR 1449 25 Jul 2003 CA Lord Justice Ward, Lord Justice Buxton And Lord Justice Mance Litigation Practice, Employment, Natural Justice The employment tribunal, in delivering its judgment had cited a decision which was not among those referred to by the parties, but it did not give an opportunity to them to comment on it before delivering its decision. Held: Such an ommission was a defect in procedure, and potentially a serious one. However in this case, it was not shown that the case referred to had had any significant impact on the decision, and therefore the original decision stood. The right to a fair hearing requires notice of all material matters of fact and law to be given to the parties. A mere procedural failure will not normally allow a review. Each such case must stand on its own facts. Employment Tribunal (Constitution and Rules of Procedure) Regulations 2001 Sch1-13(1) 1 Cites [ Bailii ] Â Sim v Moss Kaye Pembertons Ltd EAT/274/03; [2003] EAT 0274_03_2507; [2003] UKEAT 0274_03_2507 25 Jul 2003 EAT His Hon Judge Clark Employment EAT Practice and Procedure - Estoppel or Abuse of Process. [ Bailii ] - [ Bailii ] - [ EATn ] Â Daniel Ibekwe v London General Transport Services Ltd [2003] EWCA Civ 1075 25 Jul 2003 CA Lord Justice Brooke Lady Justice Arden Lord Justice Scott Baker Negligence, Employment [ Bailii ] Â C Foster v Somerset County Council EAT/355/03; [2003] EAT 0355_03_3107; [2003] UKEAT 0355_03_3107 28 Jul 2003 EAT The Honourable Mr Justice Elias Employment EAT Unfair Dismissal - Reason for dismissal 1 Cites 1 Citers [ Bailii ] - [ Bailii ] Â Yianni v Dr Barry Newport and Partners [2003] EAT 1172_02_2807 28 Jul 2003 EAT Employment 1 Cites [ Bailii ] Â Gibbs v Ministry of Defence [2003] EAT 0423_02_2807; EAT/423/02 28 Jul 2003 EAT The Honourable Mr Justice Burton (P) Employment EAT Unfair Dismissal - Reasonableness of dismissal. [ Bailii ] - [ EATn ] Â Y Yianni v Dr Barry Newport and Partners EAT/1172/02 28 Jul 2003 EAT The Honourable Mr Justice Elias Employment EAT Practice and Procedure - Estoppel or Abuse of Process. [ EATn ] Â Y Yianni v Dr Barry Newport and Partners [2003] UKEAT 1172_02_2807 28 Jul 2003 EAT Employment 1 Cites [ Bailii ] Â C Foster v Somerset County Council EAT/355/03 28 Jul 2003 EAT The Honourable Mr Justice Elias Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â Gibbs v Ministry of Defence [2003] UKEAT 0423_02_2807 28 Jul 2003 EAT Employment [ Bailii ] Â Cook v Emcor Facilities Services Ltd [2003] EAT 0210_03_2907 29 Jul 2003 EAT Employment [ Bailii ] Â Law v Pace Micro Technology Plc [2003] UKEAT 1020_02_2907 29 Jul 2003 EAT Employment [ Bailii ] Â Cook v Emcor Facilities Services Ltd [2003] UKEAT 0210_03_2907 29 Jul 2003 EAT Employment [ Bailii ] Â W B Cook v Emcor Facilities Services Ltd EAT/210/03 29 Jul 2003 EAT His Hon Judge D M Levy QC Employment EAT Transfer of Undertakings - Transfer Â Mcgurk Mcqueen and Another (Redundancy Pay/Notice Pay/Holiday Pay/Statutory Maternity Pay) [2003] NIIT 42 29 Jul 2003 NIIT Northern Ireland, Employment [ Bailii ] Â W B Cook v Emcor Facilities Services Ltd EAT/210/03 29 Jul 2003 EAT His Hon Judge D M Levy Qc Employment EAT Transfer of Undertakings - Transfer. [ EATn ] Â Law v Pace Micro Technology Plc [2003] EAT 1020_02_2907 29 Jul 2003 EAT Employment [ Bailii ] Â Henry v London Borough of Newham [2003] UKEAT 0991_02_2907 29 Jul 2003 EAT Employment, Discrimination 1 Cites [ Bailii ] Â Smith v Reliance Water Controls Ltd [2003] EWCA Civ 1153 30 Jul 2003 CA Child Support, Employment [ Bailii ] Â Camden and others v Singh [2003] UKEAT 0294_03_3007 30 Jul 2003 EAT Employment [ Bailii ] Â Â Secretary of State for Education and Skills v Bailey and Another; ChD 31-Jul-2003 - Gazette, 16 October 2003 Â Horkulak v Cantor Fitzgerald International [2003] EWHC 1918 (QB); [2004] ICR 697; [2003] IRLR 756 31 Jul 2003 QBD The Honourable Mr Justice Newman Employment The claimant sought damages for constructive dismissal. He said that verbal abuse he had suffered from the manager damaged his health and destroyed the relationship of trust and confidence. Held: The manager was dictatorial and saw it as his role to be so. He brought to the executive and managerial level the habits of the trading floor, issuing staccato instructions, raising his voice, employing strong, foul language and swear words and expressions containing expletives. The claimant had drug and alcohol dependencies. Such criticisms as the employer had in connection with the claimant's conduct were not properly raised and handled. The frequency of use of foul and abusive language did not sanitise its effect. The claimant was wrongfully dismissed. 1 Cites 1 Citers [ Bailii ] Â Â Solectron Scotland Ltd v Roper and others; EAT 31-Jul-2003 - [2003] EAT 0305_03_3107; [2003] UKEAT 0305_03_3107; EAT/305/03; [2004] IRLR 4 Â A Sanusi v B of Hackney C Cortez I Hook M Called, C Smith (6) L Troughton EAT/1176/02 31 Jul 2003 EAT His Hon Judge D M Levy QC Employment EAT Practice and Procedure - Disclosure Â Sanusi v Hackney and others [2003] UKEAT 1176_02_3107 31 Jul 2003 EAT Employment [ Bailii ] Â A Sanusi v B of Hackney, C Cortez, I Hook, M Called, Ms C Smith, Ms L Troughton EAT/1176/02 31 Jul 2003 EAT His Hon Judge D M Levy Qc Employment EAT Practice and Procedure - Disclosure. [ EATn ] Â Sanusi v Hackney and others [2003] EAT 1176_02_3107 31 Jul 2003 EAT Employment [ Bailii ] Â So Lectron Scotland Ltd v G N Roper and others EAT/305/03 31 Jul 2003 EAT The Honourable Mr Justice Elias Employment, Damages EAT Contract of Employment - Damages for breach of contract Â Drake International Systems Limited (T/A) Drake Ports Distribution Services) v Colin O'Hare EAT/577/03; EAT/384/03 4 Aug 2003 EAT His Hon Judge Ansell Employment EAT Unfair Dismissal - Compensation Â the Home Office v Ms Bailey and others EAT/876/02 & EAT/343/03 6 Aug 2003 EAT His Hon Judge Ansell Employment EAT Equal Pay Act - Work rated equivalent. [ EATn ] Â The Home Office v Bailey and others EAT/876/02 & EAT/343/03 6 Aug 2003 EAT His Hon Judge Ansell Employment EAT Equal Pay Act - Work rated equivalent Â Matthews and others v Kent and Medway Towns Fire Authority and others [2003] EAT 0968_02_0708; [2003] UKEAT 0968_02_0708 7 Aug 2003 EAT Employment 1 Cites 1 Citers [ Bailii ] - [ Bailii ] Â Konarzewska v Laurie Moran Arthur (Solicitors) [2003] UKEAT 1202_01_0708 7 Aug 2003 EAT Employment 1 Cites 1 Citers [ Bailii ] Â Askey v Sendo Ltd [2003] EAT 0457_03_0808 8 Aug 2003 EAT Employment [ Bailii ] Â Askey v Sendo Ltd [2003] UKEAT 0457_03_0808 8 Aug 2003 EAT Employment, Discrimination Correct approach to unfair dismissal following notice of pregnancy and Employment Tribunal procedure, when an Applicant takes her baby to the hearing. [ Bailii ] Â P Sapsford v Micro Metalsmiths Ltd UKEAT/277/03 8 Aug 2003 EAT His Hon Judge Mcmullen Qc Employment EAT Redundancy - Exclusions [ EATn ] Â Tuckett v Ovum Ltd [2003] EWCA Civ 1237 8 Aug 2003 CA Employment [ Bailii ] Â A Walton v Image Creative Limited Rowan Bayliss EAT/1471/00 8 Aug 2003 EAT Mr Commissioner Howell QC Employment EAT Unfair Dismissal - Reason for dismissal Â Ms A Walton v Image Creative Limited, Rowan Bayliss EAT/1471/00 8 Aug 2003 EAT Mr Commissioner Howell Qc Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â Royal; Mail Group Plc v J M Lynch EAT/426/03 8 Aug 2003 EAT His Hon Judge Ansell Employment EAT Working Time Regulations - (no sub-topic). [ EATn ] Â Walton v Image Creative Ltd and Another [2003] UKEAT 1471_00_0808 8 Aug 2003 EAT Employment [ Bailii ] Â Walton v Image Creative Limited and Another [2003] EAT 1471_00_0808 8 Aug 2003 EAT Employment [ Bailii ] Â P Sapsford v Micro Metalsmiths Ltd UKEAT/277/03; [2003] UKEAT 0277_03_0808 8 Aug 2003 EAT His Hon Judge Mcmullen QC Employment EAT Redundancy - Exclusions [ Bailii ] Â Royal; Mail Group Plc v J M Lynch EAT/426/03 8 Aug 2003 EAT His Hon Judge Ansell Employment EAT Working Time Regulations Â Wodson Park Sport and Recreation Association v Louis West 2 J West Caterers Ltd Dawn Howard T/A the Green House EAT/219/02; EAT/1139/02 11 Aug 2003 EAT His Hon Judge Ansell Employment EAT Transfer of Undertakings - Consultation and other information Â Gatwick Express, Regina (on the Application Of) v Central Arbitration Committee [2003] EWHC 2035 (Admin) 11 Aug 2003 Admn Employment, Judicial Review [ Bailii ] Â Wodson Park Sport and Recreation Association v Ms Louis West, 2 J West Caterers Ltd, Ms Dawn Howard T/A the Green House EAT/219/02 & EAT/1139/02 11 Aug 2003 EAT His Hon Judge Ansell Employment EAT Transfer of Undertakings - Consultation and other information. [ EAT ] Â Wodson Park Sports and Recreation Association v West and others [2003] UKEAT 0219_02_1108 11 Aug 2003 EAT Employment [ Bailii ] Â Wodson Park Sports and Recreation Association v West and others [2003] EAT 0219_02_1108 11 Aug 2003 EAT Employment [ Bailii ] Â Wodson Park Sports and Recreation Association v West and others [2003] UKEAT 1139_02_1208 12 Aug 2003 EAT Employment [ Bailii ] Â Wodson Park Sports and Recreation Association v West and others [2003] EAT 1139_02_1208 12 Aug 2003 EAT Employment [ Bailii ] Â G Pearson v Halesowen College UKEAT/158/03 13 Aug 2003 EAT His Hon Judge Mcmullen Qc Employment EAT Practice and Procedure - Application/Claim. [ EATn ] Â G Pearson v Halesowen College UKEAT/158/03; [2003] UKEAT 0158_03_1308 13 Aug 2003 EAT His Hon Judge Mcmullen QC Employment EAT Practice and Procedure - Application [ Bailii ] Â G Parkinson, M Hemmings v Stoke on Trent City Council EAT/177/03 & EAT/178/08 14 Aug 2003 EAT His Hon Judge Mcmullen Qc Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EAT ] Â G Parkinson M Hemmings v Stoke on Trent City Council EAT/177/03 & EAT/178/08; [2003] EAT 0177_03_1408 14 Aug 2003 EAT His Hon Judge Mcmullen QC Employment EAT Unfair Dismissal - Reason for dismissal [ Bailii ] Â Parkinson and Another v Stoke on Trent City Council [2003] UKEAT 0177_03_1408 14 Aug 2003 EAT Employment [ Bailii ] Â Kirby v Circulation Recordings Ltd [2003] UKEAT 0259_03_1408 14 Aug 2003 EAT Employment [ Bailii ] Â J Kirby v Circulation Recordings Ltd EAT/259/03; [2003] EAT 0259_03_1408 14 Aug 2003 EAT His Hon Judge McMullen QC Employment EAT Unfair Dismissal - Procedural fairness [ Bailii ] Â J Kirby v Circulation Recordings Ltd EAT/259/03 14 Aug 2003 EAT His Hon Judge Mcmullen Qc Employment EAT Unfair Dismissal - Procedural fairness/automatically unfair dismissal. [ EAT ] Â R Sahota v Wolverhampton City Council UKEAT/414/03/SM & UKEAT/415/03 15 Aug 2003 EAT His Hon Judge Ansell Employment EAT Practice and Procedure - Costs. [ EATn ] Â Madden v Clanmil Housing and others [2003] NIIT 1703_00 15 Aug 2003 NIIT Northern Ireland, Employment [ Bailii ] Â A Sahota v Wolverhampton City Council UKEAT/415/03/SM &UKEAT/416/03/ 15 Aug 2003 EAT His Hon Judge Ansell Employment EAT Practice and Procedure - Costs. [ EATn ] Â Norway Lodge and Oriel Court Limited v J Henderson EAT/446/03 15 Aug 2003 EAT His Hon Judge Ansell Employment EAT Unfair Dismissal - Polkey deduction. [ EATn ] Â R Sahota v Wolverhampton City Council UKEAT/414/03/SM; UKEAT/415/03 15 Aug 2003 EAT His Hon Judge Ansell Employment EAT Practice and Procedure - Costs Â Hill v Clacton Family Trust Ltd [2003] EAT 696_03_1508; [2003] UKEAT 696_03_1508 15 Aug 2003 EAT Employment [ Bailii ] - [ Bailii ] Â North Essex Health Authority v David-John [2003] UKEAT 0232_03_1508 15 Aug 2003 EAT Employment [ Bailii ] Â Sahota v Solihull Council [2003] UKEAT 0365_03_1508 15 Aug 2003 EAT Employment [ Bailii ] Â Sahota v Wolverhampton City Council [2003] UKEAT 0414_03_1508 15 Aug 2003 EAT Employment [ Bailii ] Â Jayarajah v Contract Security (Uk) Ltd [2003] EAT 0567_03_1508 15 Aug 2003 EAT Employment [ Bailii ] Â Jayarajah v Contract Security (Uk) Ltd [2003] UKEAT 0567_03_1508 15 Aug 2003 EAT Employment [ Bailii ] Â Norway Lodge and Oriel Court Limited v Henderson EAT/446/03; [2003] EAT 0446_03_1508; [2003] UKEAT 0446_03_1508 15 Aug 2003 EAT His Hon Judge Ansell Employment EAT Unfair Dismissal - Polkey deduction [ Bailii ] - [ Bailii ] Â North Essex Health Authority v David-John [2003] EAT 0232_03_1508 15 Aug 2003 EAT Employment [ Bailii ] Â Sahota v Solihull Council [2003] EAT 0365_03_1508 15 Aug 2003 EAT Employment [ Bailii ] Â Sahota v Wolverhampton City Council [2003] EAT 0414_03_1508 15 Aug 2003 EAT Employment [ Bailii ] Â A Sahota v Wolverhampton City Council UKEAT/416/03/; UKEAT/415/03/SM 15 Aug 2003 EAT His Hon Judge Ansell Employment EAT Practice and Procedure - Costs Â Deman v University of Bradford and Another [2003] EAT 0597_02_1508; [2003] UKEAT 0597_02_1508 15 Aug 2003 EAT Employment 1 Cites 1 Citers [ Bailii ] - [ Bailii ] Â Sahota v Wolverhampton City Council [2003] EAT 0415_03_1508 15 Aug 2003 EAT Employment [ Bailii ] Â Sahota v Wolverhampton City Council [2003] UKEAT 0415_03_1508 15 Aug 2003 EAT Employment [ Bailii ] Â Associated Newspapers Limted v Crawford Mcafee EAT/568/03 18 Aug 2003 EAT His Hon Judge Mcmullen QC Employment EAT Practice and Procedure - Bias, misconduct and procedural irregularity Â Associated Newspapers Ltd v Mcafee [2003] UKEAT 0568_03_1808 18 Aug 2003 EAT Employment [ Bailii ] Â Associated Newspapers Ltd v Mcafee [2003] EAT 0568_03_1808 18 Aug 2003 EAT Employment [ Bailii ] Â The Chief Constable of West Yorkshire v Magagnin EAT/424/03; [2003] EAT 0424_03_1109; [2003] UKEAT 0424_03_1109; UKEAT/0653/04 18 Aug 2003 EAT His Hon Judge Ansell Employment, Discrimination EAT Practice and Procedure - Bias, misconduct and procedural irregularity 1 Cites 1 Citers [ Bailii ] - [ Bailii ] - [ EATn ] Â Associated Newspapers Limted v Crawford Mcafee EAT/568/03 18 Aug 2003 EAT His Hon Judge Mcmullen Qc Employment EAT Practice and Procedure - Bias, misconduct and procedural irregularity. [ EATn ] Â Dewhirst Group v GMB Trade Union EAT/486/03; [2003] EAT 0486_03_1908; [2003] UKEAT 0486_03_1908 19 Aug 2003 EAT His Hon Judge D Serota QC Employment EAT Redundancy - Exclusions [ Bailii ] - [ Bailii ] Â Dewhirst Group v GMB Trade Union EAT/486/03 19 Aug 2003 EAT His Hon Judge D Serota Qc Employment EAT Redundancy - Exclusions [ EATn ] Â Meikle v Nottinghamshire County Council EAT/0033/03; [2003] EAT 0033_03_2609; [2003] UKEAT 0033_03_2609 19 Aug 2003 EAT His Hon Judge Ansell Employment, Discrimination EAT Disability Discrimination - Less favourable treatment. The appellant brought proceedings against the Respondents alleging that they had failed to make adjustments to her workplace and conditions so as to accommodate her disability, that they had treated her less favourably for reasons relating to her disability; and in the second case presented in 2000 that they had constructively dismissed her. EAT Disability Discrimination - Less favourable treatment. Disability Discrimination Act 1995 4(2) 1 Cites 1 Citers [ Bailii ] - [ Bailii ] - [ EAT ] Â Tuckett v Ovum Ltd [2003] EAT 0311_03_1908 19 Aug 2003 EAT Employment [ Bailii ] Â Griffin v Swindon Borough Council [2003] EAT 0637_03_1908; [2003] UKEAT 0637_03_1908 19 Aug 2003 EAT Employment [ Bailii ] - [ Bailii ] Â Tuckett v Ovum Ltd [2003] UKEAT 0311_03_1908 19 Aug 2003 EAT Employment [ Bailii ] Â Mitie Lindsay Ltd v Lynch [2003] UKEAT 0034_03_2008 20 Aug 2003 EAT Employment [ Bailii ] Â Mitie Lindsay Limited v S Lynch EAT/224/03; EAT/34/03 20 Aug 2003 EAT His Hon Judge Mcmullen QC Employment EAT Practice and Procedure - Bias, misconduct and procedural irregularity Â Mitie Lindsay Ltd v Lynch [2003] EAT 0034_03_2008 20 Aug 2003 EAT Employment [ Bailii ] Â Cunningham v Quedos Ltd and Another [2003] EAT 0298_03_2008; [2003] UKEAT 0298_03_2008 20 Aug 2003 EAT Employment 1 Citers [ Bailii ] - [ Bailii ] Â Mitie Lindsay Limited v S Lynch EAT/34/03 & EAT/224/03 20 Aug 2003 EAT His Hon Judge Mcmullen Qc Employment EAT Practice and Procedure - Bias, misconduct and procedural irregularity. [ EATn ] Â Smartforce UK Ltd v Davis [2003] UKEAT 0536_03_2208 22 Aug 2003 EAT Employment [ Bailii ] Â Haddad v Salford City Council and others [2003] EAT 0522_03_2208 22 Aug 2003 EAT Employment [ Bailii ] Â Haddad v Salford City Council and others [2003] UKEAT 0522_03_2208 22 Aug 2003 EAT Employment [ Bailii ] Â Â Instant Muscle Ltd v Khawaja; EAT 22-Aug-2003 - [2003] EAT 0502_03_2208; [2003] UKEAT 0502_03_2208 Â Ms K Haddad v Salford City Council, M Smith, L Jones, Ms I Newton, Ms P Karne, Ms U Sossalla -Irdale EAT/522/03 & EAT/523/03 22 Aug 2003 EAT His Hon Judge D Serota Qc Employment EAT Practice and Procedure - Striking-out/dismissal. [ EATn ] Â Smartforce UK Ltd v Davis [2003] EAT 0536_03_2208 22 Aug 2003 EAT Employment [ Bailii ] Â GCN (Scotland) Ltd v Connor EATS/0012/03; [2003] UKEAT 0012_03_2608 26 Aug 2003 EAT The Honourable Lord Johnston Employment EAT Practice and Procedure - Application/Claim. [ Bailii ] - [ EAT ] Â Banerji v Navaneethan and others [2003] EAT 0640_03_2608 26 Aug 2003 EAT Employment [ Bailii ] Â Banerji v Navaneethan and others [2003] UKEAT 0640_03_2608 26 Aug 2003 EAT Employment [ Bailii ] Â Telenor Business Solutions Ltd (Formerly Nextra Ltd) v Gordon Mackenzie Synstar International Plc EATS/0016/03 27 Aug 2003 EAT The Honourable Lord Johnston Employment EAT Transfer of Undertakings - Acquired rights directive Â Telenor Business Solutions Ltd (Formerly Nextra Ltd) v Gordon Mackenzie, Synstar International Plc EATS/0016/03 27 Aug 2003 EAT The Honourable Lord Johnston Employment EAT Transfer of Undertakings - Acquired rights directive. [ EATn ] Â Peter A Kennedy v the Scottish Ministers EATS/0014/03 27 Aug 2003 EAT The Honourable Lord Johnston Employment EAT Practice and Procedure - Application Â Peter A Kennedy v the Scottish Ministers EATS/0014/03 27 Aug 2003 EAT The Honourable Lord Johnston Employment EAT Practice and Procedure - Application/Claim. [ EATn ] Â Telenor Business Solutions Ltd vMackenzie and Another [2003] UKEAT 0016_03_2708 27 Aug 2003 EAT Employment [ Bailii ] Â Â Wincanton Trans European Ltd (Formerly P and O Trans European Ltd) v Whiteford; EAT 28-Aug-2003 - EATS/0022/03; [2003] UKEAT 0022_03_2808 Â S and B Car Hire Kent Ltd v Wallington [2003] EAT 0240_03_2808; [2003] UKEAT 0240_03_2808 28 Aug 2003 EAT Employment [ Bailii ] - [ Bailii ] Â Cox v British Telecommunications Plc [2003] EAT 0556_03_2908 29 Aug 2003 EAT Employment [ Bailii ] Â Anne Murray Or Finlay v University of Edinburgh EATS/0020/03 29 Aug 2003 EAT The Honourable Lord Johnston Employment EAT Practice and Procedure - Application Â Donnelly v Mcanerney Brothers Ltd [2003] NIIT 2457_01 29 Aug 2003 NIIT Northern Ireland, Employment [ Bailii ] Â Cox v British Telecommunications Plc [2003] UKEAT 0556_03_2908 29 Aug 2003 EAT Employment [ Bailii ] Â Anne Murray Or Finlay v University of Edinburgh EATS/0020/03 29 Aug 2003 EAT The Honourable Lord Johnston Employment EAT Practice and Procedure - Application/Claim. [ EATn ] Â Murray v University of Edinburgh [2003] UKEAT 0020_03_2908 29 Aug 2003 EAT Employment [ Bailii ] Â Pa News Ltd (T/A the Press Association) v Loveridge and others [2003] UKEAT 0134_03_0109 1 Sep 2003 EAT Employment [ Bailii ] Â PA News Ltd T/A the Press Association v P F Loveridge, G R Jones, J M Jones EAT/134/03 & EAT/135/03 1 Sep 2003 EAT His Hon Judge D Serota Qc Employment EAT Contract of Employment - Definition of employee. [ EAT ] Â Pa News Ltd (T/A the Press Association) v Loveridge and others [2003] EAT 0134_03_0109 1 Sep 2003 EAT Employment [ Bailii ] Â Pa News Ltd T/A the Press Association v P F Loveridge G R Jones J M Jones EAT/134/03 & EAT/135/03 1 Sep 2003 EAT His Hon Judge D Serota QC Employment EAT Contract of Employment - Definition of employee Â Jackson v Ghost Ltd and Another [2003] EAT 0547_02_0209; [2003] UKEAT 0547_02_0209; [2003] IRLR 824 2 Sep 2003 EAT Judge Peter Clark Employment The EAT rejected jurisdiction over a claim for unfair dismissal. The employment must have "a sufficient, that is substantial connection with this country". Employment Rights Act 1996 196 1 Citers [ Bailii ] - [ Bailii ] Â Viridor Waste Management Ltd v Wilson [2003] EAT 0487_03_0209 2 Sep 2003 EAT Employment [ Bailii ] Â Drake International Systems Ltd (T/A Drake Ports Distribution Services) v O'Hare [2003] EAT 0384_03_0209; EAT/384/03; EAT/577/03 2 Sep 2003 EAT Ansell HHJ Employment EAT Unfair Dismissal - Compensation. 1 Citers [ Bailii ] - [ EAT ] Â Royal Mail Group Plc v Lynch [2003] EAT 0426_03_0209 2 Sep 2003 EAT Employment [ Bailii ] Â Royal Mail Group Plc v Lynch [2003] UKEAT 0426_03_0209 2 Sep 2003 EAT Employment [ Bailii ] Â Viridor Waste Management Ltd v Wilson [2003] UKEAT 0487_03_0209 2 Sep 2003 EAT Employment [ Bailii ] Â Quartz Eclipse Ltd v Dunseith [2003] UKEAT 0467_03_0309 3 Sep 2003 EAT Employment [ Bailii ] Â Chief Constable of Kent County Constabulary v Baskerville Times, 10 September 2003; Gazette, 16 October 2003 3 Sep 2003 CA Sir Andrew Morritt VC, Peter Gibson, Kay LJJ Employment, Police, Discrimination The claimant sought damages for sex discrimination by fellow police officers in an action against the Chief Constable. The Chief Constable said he was liable for the unlawful acts of fellow officers. Held: Anything done by an employee was done also by the employer under section 41(2). The law had been changed after Liversidge. A chief constable must delegate his responsibilities, and the court could not say that what occurred fell outside the scope of s41(2), and it was therefore a question of fact for the tribunal. Sex Discrimination Act 1975 17(1) 41(2) - Police Act 1996 10 1 Cites 1 Citers Â Quartz Eclipse Ltd v Dunseith [2003] EAT 0467_03_0309 3 Sep 2003 EAT Employment [ Bailii ] Â Ladbrokes Ltd v Taylor [2003] EAT 0434_03_0409 4 Sep 2003 EAT Employment [ Bailii ] Â Department for Work and Pensions v Phillips EAT/251/03 4 Sep 2003 EAT His Hon Judge D Serota QC Employment EAT Practice and Procedure - Application Â Ladbrokes Ltd v Taylor [2003] UKEAT 0434_03_0409 4 Sep 2003 EAT Employment [ Bailii ] Â Austin and others v Royal Mail [2003] NIIT 1140_02 4 Sep 2003 NIIT Northern Ireland, Employment [ Bailii ] Â Department for Work and Pensions v Phillips EAT/251/03 4 Sep 2003 EAT His Hon Judge D Serota Qc Employment EAT Practice and Procedure - Application/Claim. [ EATn ] Â Ladbrokes Ltd v J R Taylor EAT/434/03 4 Sep 2003 EAT His Hon Judge Prophet Employment EAT Practice and Procedure - Postponement or stay. [ EATn ] Â Ladbrokes Ltd v J R Taylor EAT/434/03 4 Sep 2003 EAT His Hon Judge Prophet Employment EAT Practice and Procedure - Postponement Â Department for Work and Pensions v Phillips [2003] EAT 0251_03_0409 4 Sep 2003 EAT Employment [ Bailii ] Â Department for Work and Pensions v Phillips [2003] UKEAT 0251_03_0409 4 Sep 2003 EAT Employment [ Bailii ] Â Kelly v the First Group [2003] EAT 0497_03_0509 5 Sep 2003 EAT Employment [ Bailii ] Â King's College London v Clark [2003] EAT 1049_02_0509 5 Sep 2003 EAT Employment [ Bailii ] Â Kelly v the First Group [2003] UKEAT 0497_03_0509 5 Sep 2003 EAT Employment [ Bailii ] Â King's College London v Clark [2003] UKEAT 1049_02_0509 5 Sep 2003 EAT Employment [ Bailii ] Â N K Renwick v Scottish Widows Services Ltd EAT/1225/02 8 Sep 2003 EAT His Hon Judge D Serota QC Employment EAT Public Interest Disclosure Â Renwick v Scottish Widows Services Ltd [2003] UKEAT 1225_02_0809 8 Sep 2003 EAT Employment [ Bailii ] Â Marshalls of Cambridge Aerospace Ltd v T Warnock EAT/250/03; [2003] EAT 0250_03_0809; [2003] UKEAT 0250_03_0809 8 Sep 2003 EAT His Hon Judge Mcmullen QC Employment EAT Unfair Dismissal - Reason for dismissal [ Bailii ] - [ Bailii ] Â F M Street v Derbshire Uneployed Workers Centre EAT/508/02 8 Sep 2003 EAT His Hon Judge Mcmullen QC Employment EAT Practice and Procedure - Estoppel Â Street v Derbshire Unemployed Workers Centre EAT/508/02 8 Sep 2003 EAT His Hon Judge Mcmullen Qc Employment EAT Practice and Procedure - Estoppel or Abuse of Process. [ EATn ] Â N K Renwick v Scottish Widows Services Ltd UKEAT/1225/02 8 Sep 2003 EAT His Hon Judge D Serota QC Employment EAT Practice and Procedure - Estoppel Â Renwick v Scottish Widows Services Ltd [2003] EAT 1225_02_0809 8 Sep 2003 EAT Employment Appeal against order striking out the claim. [ Bailii ] Â Ms N K Renwick v Scottish Widows Services Ltd UKEAT/1225/02 8 Sep 2003 EAT His Hon Judge D Serota Qc Employment EAT Practice and Procedure - Estoppel or Abuse of Process. [ EATn ] Â Marshalls of Cambridge Aerospace Ltd v T Warnock EAT/250/03 8 Sep 2003 EAT His Hon Judge Mcmullen Qc Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â Murali v British Medical Association UKEAT/850/02/SM; [2003] UKEAT 0850_02_0912 8 Sep 2003 EAT Her Honour Judge A Wakefield Discrimination, Employment EAT Race Discrimination - Indirect 1 Cites [ Bailii ] - [ EATn ] Â Scott v Brooks Group (Uk) Ltd (T/A Brooks Cookstown) (Unfair Dismissal/Wrongful Dismissal/Breach of Contract/Disability Discrimination) [2003] NIIT 41 8 Sep 2003 NIIT Northern Ireland, Employment [ Bailii ] Â Â Boote v Ministry of Defence; NIIT 9-Sep-2003 - [2003] NIIT 1846_00 Â Â Landeshauptstadt Kiel v Norbert Jaeger; ECJ 9-Sep-2003 - C-151/02; Times, 26 September 2003; [2003] EUECJ C-151/02; [2004] ICR 1528; (2004) 75 BMLR 201; [2003] 3 CMLR 16; [2003] ECR I-8389; [2004] All ER (EC) 604; [2003] IRLR 804 Â Â Bank v IBM (UK) Ltd; EAT 9-Sep-2003 - UKEAT/389/03 Â Amos v Department of Health [2003] UKEAT 1008_02_1009 10 Sep 2003 EAT Employment [ Bailii ] Â O'Grady and Another v MTL Commercials Ltd and Another [2003] EAT 0336_02_1009; [2003] UKEAT 0336_02_1009 10 Sep 2003 EAT Employment 1 Cites [ Bailii ] - [ Bailii ] Â Amos v Department of Health [2003] EAT 1008_02_1009 10 Sep 2003 EAT Employment [ Bailii ] Â Ealing v Rihal [2003] UKEAT 0987_01_1109 11 Sep 2003 EAT Employment [ Bailii ] Â Maria Walcher v Bundesamt fur Soziales und Behindertenwesen Steiermarkt) C-201/01; [2003] EUECJ C-201/01 11 Sep 2003 ECJ European, Employment, Insolvency Europa Reference for a preliminary ruling: Oberster Gerichtshof - Austria. Protection of workers - Insolvency of the employer - Scope of Directive 80/987/EEC - National case-law on shareholder loans in lieu of capital contributions - Total loss of entitlement. [ Bailii ] Â I Colesby v Mountain Spring Water Co Ltd G Madgwick EAT/451/03 11 Sep 2003 EAT Her Honour Judge A Wakefield Employment EAT Practice and Procedure - Application Â Colesby v Mountain Spring Water Co Ltd [2003] EAT 0451_03_1109 11 Sep 2003 EAT Employment [ Bailii ] Â Johnson v Queen Elizabeth Hospital NHS Trust [2003] UKEAT 1331_01_1109 11 Sep 2003 EAT Employment [ Bailii ] Â Ms I Colesby v Mountain Spring Water Co Ltd, G Madgwick EAT/451/03 11 Sep 2003 EAT Her Honour Judge A Wakefield Employment EAT Practice and Procedure - Application/Claim. [ EATn ] Â Colesby v Mountain Spring Water Co Ltd and Another [2003] UKEAT 0451_03_1109 11 Sep 2003 EAT Employment [ Bailii ] Â Senesie v TSS (Total Security Services) Ltd [2003] EAT 0333_03_1209 12 Sep 2003 EAT Employment [ Bailii ] Â Senesie v Tss (Total Security Services) Ltd [2003] UKEAT 0333_03_1209 12 Sep 2003 EAT Employment [ Bailii ] Â Weerarathna v British Broadcasting Corporation [2003] UKEAT 0260_03_1209 12 Sep 2003 EAT Employment, Discrimination [ Bailii ] Â Murphy v Nursing and Caring Direct Ltd [2003] NIIT 2589_02 12 Sep 2003 NIIT Northern Ireland, Employment [ Bailii ] Â Weerarathna v British Broadcasting Corporation [2003] EAT 0260_03_1209 12 Sep 2003 EAT Employment [ Bailii ] Â Westminster Partition and Joinery v Barringer EAT/505/03; [2003] EAT 0505_03_1509; [2003] UKEAT 0505_03_1509 15 Sep 2003 EAT His Hon Judge D Serota QC Employment EAT Unfair Dismissal - Reason for dismissal [ Bailii ] - [ Bailii ] Â Matthews v South Wales Police [2003] EAT 0686_03_1509; [2003] UKEAT 0686_03_1509 15 Sep 2003 EAT Employment [ Bailii ] - [ Bailii ] Â Westminster Partition and Joinery v Barringer EAT/505/03 15 Sep 2003 EAT His Hon Judge D Serota Qc Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â Tolson v The Governing Body of Mixenden Community School EAT/124/03; [2003] EAT 0124_03_1609; [2003] UKEAT 0124_03_1609 16 Sep 2003 EAT Her Honour Judge A Wakefield Employment EAT Unfair Dismissal - Constructive dismissal EAT Unfair Dismissal - Constructive dismissal. [ Bailii ] - [ Bailii ] - [ EATn ] Â Seeburn v Horizon NHS Trust and Another [2003] UKEAT 0560_03_1609 16 Sep 2003 EAT Employment [ Bailii ] Â Seeburn v Horizon NHS Trust and Another [2003] EAT 0560_03_1609 16 Sep 2003 EAT Employment [ Bailii ] Â M George v Luton Borough Council EAT/311/03; [2003] EAT 0311_03_1609; [2003] UKEAT 0311_03_1609 16 Sep 2003 EAT His Hon Judge D Serota QC Employment EAT Time Limits - Effective date of termination EAT Time Limits - Effective date of termination. 1 Citers [ Bailii ] - [ Bailii ] - [ EATn ] Â Hollingworth v Pendragon Plc T/A Car Fleet Control EAT/466/03; [2003] EAT 0466_03_1609; [2003] UKEAT 0466_03_1609 16 Sep 2003 EAT His Hon Judge Prophet Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ Bailii ] - [ Bailii ] - [ EAT ] Â Hup Aing Tan v Norse Irish Ferries Ltd EAT/397/03 17 Sep 2003 EAT Her Honour Judge A Wakefield Employment EAT Unfair Dismissal - Reasonableness of dismissal. [ EATn ] Â Conisbee v Tms Spicerhaart Ltd T/Atmxhaart Estate Agents EAT/1107/02 17 Sep 2003 EAT His Hon Judge Prophet Employment EAT Equal Pay Act - Like work [ EATn ] Â Hayes and others v Transco Plc [2003] EWCA Civ 1261 17 Sep 2003 CA Lord Justice Brooke, Lord Justice Waller And Lord Justice Clarke Employment, Civil Procedure Rules The defendant appealed awards against it of disturbance payments to the claimants under their contracts of employment. The claimants had produced documents at the last minute before the trial but it was arguable that since these documents were those of the defendants, they should heve been disclosed anyway. Held: The evidence, however badly introduced had been admitted by agreement. However, the judge feared being unable to conclude the case, and so restricted cross-examination, and refused admission of further evidence in rebuttal. The trial suffered a serious procedural irregularity, and a retrial was ordered. Civil Procedure Rules 52.3(b) 1 Cites [ Bailii ] Â Conisbee v T Spicerhaart Ltd (T/A Tmx/Haart Estate Agents) [2003] UKEAT 1107_02_1709 17 Sep 2003 EAT Employment [ Bailii ] Â S E Carter v Hi-Way Express C R Hopson B K Carter UKEAT/892; UKEAT/813/01/MAA 17 Sep 2003 EAT His Hon Judge J Burke QC Employment EAT Practice and Procedure - Questionnaires Â S E Carter v Hi-Way Express, C R Hopson, B K Carter UKEAT/813/01/MAA & UKEAT/892 17 Sep 2003 EAT His Hon Judge J Burke Qc Employment EAT Practice and Procedure - Questionnaires. [ EATn ] Â Oritsejaro v Royal Mail Group Plc [2003] EAT 0619_03_1709 17 Sep 2003 EAT Employment [ Bailii ] Â London Borough of Hillingdon v L Meek UKEAT/422/03/DA 17 Sep 2003 EAT His Hon Judge D Serota QC Employment EAT Practice and Procedure - Bias, misconduct and procedural irregularity [ EATn ] Â Oritsejaro v Royal Mail Group Plc [2003] EAT 0572_03_1709 17 Sep 2003 EAT Employment [ Bailii ] Â Conisbee v T Spicerhaart Ltd (T/A Tmx/Haart Estate Agents) [2003] EAT 1107_02_1709 17 Sep 2003 EAT Employment [ Bailii ] Â Metanie v Edwards and Another [2003] EAT 0390_03_1709 17 Sep 2003 EAT Employment [ Bailii ] Â Edwards v Dyson Perrins CE High School and Another [2003] EAT 0445_03_1709; [2003] UKEAT 0445_03_1709 17 Sep 2003 EAT Employment [ Bailii ] - [ Bailii ] Â Metanie v Edwards and Another [2003] UKEAT 0390_03_1709 17 Sep 2003 EAT Employment [ Bailii ] Â Oritsejaro v Royal Mail Group Plc [2003] UKEAT 0572_03_1709 17 Sep 2003 EAT Employment [ Bailii ] Â Oritsejaro v Royal Mail Group Plc [2003] UKEAT 0619_03_1709 17 Sep 2003 EAT Employment [ Bailii ] Â Hup Aing Tan v Norse Irish Ferries Ltd EAT/397/03; [2003] EAT 0397_03_1709; [2003] UKEAT 0397_03_1709 17 Sep 2003 EAT Her Honour Judge A Wakefield Employment EAT Unfair Dismissal - Reasonableness of dismissal [ Bailii ] - [ Bailii ] Â London Borough of Southwark v Ayton [2003] EAT 0515_03_1809 18 Sep 2003 EAT Employment [ Bailii ] Â Fraser v London Borough of Richmond Upon Thames [2003] EAT 0888_02_1809 18 Sep 2003 EAT Employment [ Bailii ] Â Fraser v London Borough of Richmond Upon Thames [2003] UKEAT 0888_02_1809 18 Sep 2003 EAT Employment [ Bailii ] Â Interlink Express Parcels Ltd v J T Wild and others [2003] EAT 0242_03_1809; UKEAT/242/03; [2003] UKEAT 0242_03_1809 18 Sep 2003 EAT His Hon Judge Mcmullen QC Employment EAT Practice and Procedure - Amendment [ Bailii ] - [ Bailii ] Â Thackeray v Acequip Ltd EAT/396/03; [2003] EAT 0396_03_1809; [2003] UKEAT 0396_03_1809 18 Sep 2003 EAT Her Honour Judge A Wakefield Employment EAT Unfair Dismissal - Constructive dismissal [ Bailii ] - [ Bailii ] - [ EATn ] Â Interlink Express Parcels Ltd v J T Wild and others UKEAT/242/03 18 Sep 2003 EAT His Hon Judge Mcmullen Qc Employment EAT Practice and Procedure - Amendment. [ EATn ] Â Peter Pflucke v Bundesanstalt fur Arbeit C-125/01; [2003] EUECJ C-125/01 18 Sep 2003 ECJ European, Employment, Insolvency Europa Reference for a preliminary ruling: Sozialgericht Leipzig - Germany. Protection of workers - Insolvency of the employer - Guarantee of payment of outstanding salary - National provision laying down a two-month time-limit for lodging applications for payment and providing for an extension of that time-limit. [ Bailii ] Â Fraser v London Borough of Richmond Upon Thames [2003] UKEAT 0888_02_1809 18 Sep 2003 EAT Employment [ Bailii ] Â London Borough of Southwark v Ayton [2003] UKEAT 0515_03_1809 18 Sep 2003 EAT Employment [ Bailii ] Â Cheasty v H M Prison Service [2003] UKEAT 1142_02_1909 19 Sep 2003 EAT Employment [ Bailii ] Â Cheasty v H M Prison Service [2003] EAT 1142_02_1909 19 Sep 2003 EAT Employment [ Bailii ] Â British Nursing Co-Operations Ltd, Goldsborough Home Care Nursing Services Ltd v J Peterson UKEAT/930/02 22 Sep 2003 EAT His Hon Judge J Burke Qc Employment EAT Transfer of Undertakings - Transfer. [ EATn ] Â M R Shojaee v National Association of Schoolmasters and Union of Women Teachers and others UKEAT/777/02 UKEAT/778/02 & U 22 Sep 2003 EAT His Hon Judge D Serota Qc Employment EAT Practice and Procedure - Striking-out/dismissal. [ EATn ] Â British Nursing Co-Operations Ltd Goldsborough Homes Care Nursing Services Ltd v J Peterson UKEAT/930/02 22 Sep 2003 EAT His Hon Judge J Burke QC Employment EAT Transfer of Undertakings - Transfer Â Wellbeck Steel Service Centre v Roworth [2003] EAT 0550_03_2209; [2003] UKEAT 0550_03_2209 22 Sep 2003 EAT Employment 1 Cites 1 Citers [ Bailii ] - [ Bailii ] Â Street v Derbyshire Unemployed Workers Centre [2003] EAT 0508_02_2209; Times, 01 December 2003; [2003] UKEAT 0508_02_2209; Gazette, 15 January 2004 22 Sep 2003 EAT Employment The employee claimed that the behaviour which gave rise to her dismissal was a protected disclosure, and that her motive was irrelevant. Held: The fact that what was disclosed was true was not conclusive to protect the disclosure. The court could look to motive, and a bad motive might defeat the protection even if the disclosure was true, and the tribunal was entitled to look to her behaviour both before and after the disclosure. A disclosure made for reasons of personal animosity was not protected. However the claimant was entitled to amend her pleadings to add an ordinary unfair dismissal claim even though this was out of time. Employment Rights Act 1996 103A 1 Cites 1 Citers [ Bailii ] - [ Bailii ] Â M R Shojaee v National Association of Schoolmasters and Union of Woman Teachers and others UKEAT/777/02 UKEAT/778/02 & U 22 Sep 2003 EAT His Hon Judge D Serota QC Employment EAT Practice and Procedure - Striking-out 1 Cites 1 Citers Â Brown v Department for Regional Development [2003] NIIT 2926_01 23 Sep 2003 NIIT Northern Ireland, Employment [ Bailii ] Â Xelector Plc v Malinowski [2003] UKEAT 0488_03_2309 23 Sep 2003 EAT Employment [ Bailii ] Â Murphy v Moss Beachley Mullem and Coleman [2003] UKEAT 0514_03_2309 23 Sep 2003 EAT Employment [ Bailii ] Â A and M Construction Ltd v Yates and Another [2003] EAT 0203_03_2309 23 Sep 2003 EAT Employment [ Bailii ] Â Collymore v Hook (T/A D J Hook Vehicle Repairs) and others [2003] EAT 0238_03_2309 23 Sep 2003 EAT Employment [ Bailii ] Â A and M Construction Ltd v Yates and Another [2003] UKEAT 0203_03_2309 23 Sep 2003 EAT Employment [ Bailii ] Â Brown v Department for Regional Development (Unlawful Dismissal/Sex Discrimination/) [2003] NIIT 45 23 Sep 2003 NIIT Northern Ireland, Employment [ Bailii ] Â Ashogbon v Fremantle Trust [2003] EAT 0823_03_2309 23 Sep 2003 EAT Employment [ Bailii ] Â Collymore v Hook (T/A D J Hook Vehicle Repairs) and others [2003] UKEAT 0238_03_2309 23 Sep 2003 EAT Employment [ Bailii ] Â Murphy v Moss Beachley Mullem and Coleman [2003] EAT 0514_03_2309 23 Sep 2003 EAT Employment [ Bailii ] Â Shojaee v National Association of Schoolmasters and others [2003] UKEAT 0777_02_2309 23 Sep 2003 EAT Employment [ Bailii ] Â Xelector Plc v Malinowski [2003] EAT 0488_03_2309 23 Sep 2003 EAT Her Honour Judge Wakefield Mr D Chadwick Ms S R Corby Employment The employer appealed a finding that, though the dismissal had been for redundancy, the failure to consult made it unfair. At this preliminary hearing the tribunal requested the ET to provide expanded reasons for its findings, and that otherwise the appeal should go forward to a full hearing. [ Bailii ] Â Ashogbon v Fremantle Trust [2003] UKEAT 0823_03_2309 23 Sep 2003 EAT Employment [ Bailii ] Â Daniel Duffin v Deloitte and Touche Wealth Management Limited EAT/453 03; [2003] UKEAT 0453_03_2409 24 Sep 2003 EAT His Hon Judge Mcmullen QC Employment EAT Practice and Procedure - Bias, misconduct and procedural irregularity [ Bailii ] Â Daniel Duffin v Deloitte and Touche Wealth Management Limited EAT/453.03 24 Sep 2003 EAT His Hon Judge Mcmullen Qc Employment EAT Practice and Procedure - Bias, misconduct and procedural irregularity. [ EATn ] Â Daniel Duffin v Deloitte and Touche Wealth Management Limited UKEAT/453/03/MAA 24 Sep 2003 EAT His Hon Judge Mcmullen Qc Employment EAT Practice and Procedure - Amendment. [ EATn ] Â Duffin v Deloitte and Touche Wealth Management Limited [2003] EAT 0453_03_2409; UKEAT/453/03/MAA 24 Sep 2003 EAT His Hon Judge Mcmullen QC Employment EAT Practice and Procedure - Amendment [ Bailii ] Â Johal v Crown Prosecution Service [2003] EAT 0185_03_2509 25 Sep 2003 EAT Employment [ Bailii ] Â Johal v Crown Prosecution Service [2003] UKEAT 0185_03_2509 25 Sep 2003 EAT Employment [ Bailii ] Â A Milton-Tomkins v Ipc Media Ltd EAT/496/02 25 Sep 2003 EAT His Hon Judge J Burke Qc Employment EAT Unfair Dismissal - Contributory fault. [ EATn ] Â Taylor Gordon and Co Ltd v Timmons [2003] EAT 0159_03_2509; Times, 07 November 2003; [2003] UKEAT 0159_03_2509; Gazette, 20 November 2003 25 Sep 2003 EAT Jan Luba QC Employment The employer appealed a decision of the tribunal that the failure to pay statutory sick pay to an employee amounted to an unlawful deduction from his wages. Held: Payment of statutory sick pay has alsways been a matter for the social security system, and not for employment tribunals. The tribunal had not had jurisdiction to hear the claim, since section 8(1) of the 1999 Act vested responsibility now with the Inland Revenue. The claimant's proper course was to resolve the issue forst with them. Employment Rights Act 1996 27 23 - Social Security Contributions (Transfer of Functions) Act 1999 8(1) [ Bailii ] - [ Bailii ] Â SSC Construction Services Ltd v Conneely and Another [2003] EAT 0483_03_2509 25 Sep 2003 EAT Employment [ Bailii ] Â A Milton-Tomkins v IPC Media Ltd EAT/496/02; [2003] EAT 0496_02_2509; [2003] UKEAT 0496_02_2509 25 Sep 2003 EAT His Hon Judge J Burke QC Employment EAT Unfair Dismissal - Contributory fault [ Bailii ] - [ Bailii ] Â Ssc Construction Services Ltd v Conneely and Another [2003] UKEAT 0483_03_2509 25 Sep 2003 EAT Employment [ Bailii ] Â Probe Research Inc v S R Dallal UKEAT/480/03 & UKEAT/481/03 26 Sep 2003 EAT His Hon Judge J Burke Qc Employment EAT Practice and Procedure - Postponement or stay. [ EATn ] Â Howard and Another v Ambrose [2003] EAT 0222_03_2609 26 Sep 2003 EAT Employment [ Bailii ] Â Howard and Another v Ambrose [2003] UKEAT 0222_03_2609 26 Sep 2003 EAT Employment [ Bailii ] Â Inchcape UK Ltd v Murrell [2003] EAT 1090_02_2609 26 Sep 2003 EAT Employment [ Bailii ] Â Inchcape UK Ltd v Murrell [2003] UKEAT 1090_02_2609 26 Sep 2003 EAT Employment [ Bailii ] Â Probe Research Inc v S R Dallal UKEAT/480/03 & UKEAT/481/03 26 Sep 2003 EAT His Hon Judge J Burke QC Employment EAT Practice and Procedure - Postponement or stay Â St Edmund of Canterbury Catholic High School v Hines [2003] UKEAT 1138_02_2609 26 Sep 2003 EAT Employment [ Bailii ] Â Bradley v Freeport Plc [2003] EATS 0019_03_2909 29 Sep 2003 EAT Employment [ Bailii ] Â Mallon v Corus Constructions and Industrial [2003] UKEAT 0857_02_2909 29 Sep 2003 EAT Employment [ Bailii ] Â Ms K O'Donoghue v Elmbridge Housing Trust EAT/937/02 29 Sep 2003 EAT Her Honour Judge Wakefield Employment EAT Unfair Dismissal - Procedural fairness/automatically unfair dismissal. [ EATn ] Â James Bradley v Freeport Plc (Formerly Freeport Leisure Plc) EATS/0019/03 29 Sep 2003 EAT The Honourable Lord Johnston Employment EAT Practice and Procedure - Application/Claim. [ EATn ] Â Hammond v Bradford [2003] UKEAT 0759_03_2909 29 Sep 2003 EAT Employment [ Bailii ] Â Mallon v Corus Constructions and Industrial [2003] EAT 0857_02_2909 29 Sep 2003 EAT Employment [ Bailii ] Â Boote v Ministry of Defence (Indirect Sex Discrimination) [2003] NIIT 43 29 Sep 2003 NIIT Northern Ireland, Employment [ Bailii ] Â K O'Donoghue v Elmbridge House Trust EAT/937/02; [2003] EAT 0937_02_2909; [2003] UKEAT 0937_02_2909 29 Sep 2003 EAT Her Honour Judge A Wakefield Employment EAT Unfair Dismissal - Procedural fairness [ Bailii ] - [ Bailii ] Â Hammond v Bradford [2003] EAT 0759_03_2909 29 Sep 2003 EAT Employment [ Bailii ] Â Bradley v Freeport Plc [2003] UKEAT 0019_03_2909 29 Sep 2003 EAT Employment [ Bailii ] Â Trotter v Grattan Plc UKEAT/179/03; [2004] UKEAT 0179_03_1301 29 Sep 2003 EAT His Hon Judge J Burke QC Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ Bailii ] - [ EATn ] Â James Bradley v Freeport Plc (Formerly Freeport Leisure Plc) EATS/0019/03 29 Sep 2003 EAT The Honourable Lord Johnston Employment EAT Practice and Procedure - Application Â Falkirk College of Further and Higher Education v Gower and others [2003] UKEAT 0028_03_3009 30 Sep 2003 EAT Employment [ Bailii ] Â Stagecoach In Fife v Higgins [2003] UKEAT 0037_03_3009 30 Sep 2003 EAT Employment [ Bailii ] Â Stagecoach In Fife v Higgins [2003] EATS 0037_03_3009 30 Sep 2003 EAT Employment [ Bailii ] Â Falkirk College of Further and Higher Education v Penny Gower and 2 others EATS/0028/03 30 Sep 2003 EAT The Honourable Lord Johnston Employment EAT Equal Pay Act - Article 141 Â Stagecoach In Fife v Peter Higgins EATS/0037/03 30 Sep 2003 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Constructive dismissal Â Falkirk College of Further and Higher Education v Penny Gower and 2 others EATS/0028/03 30 Sep 2003 EAT The Honourable Lord Johnston Employment EAT Equal Pay Act - Article 141 [ EATn ] Â Stagecoach In Fife v Peter Higgins EATS/0037/03 30 Sep 2003 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Constructive dismissal. [ EATn ] Â E E Cavendish v Greater Manchester Buses (South) Ltd T/A Stage Coach Manchester EAT/400/03; [2003] EAT 0400_03_3009; [2003] UKEAT 0400_03_3009 30 Sep 2003 EAT His Hon Judge Clark Employment EAT Practice and Procedure - Amendment [ Bailii ] - [ Bailii ] - [ EATn ] Â Falkirk College of Further and Higher Education v Gower and others [2003] EATS 0028_03_3009 30 Sep 2003 EAT Employment [ Bailii ] Â Bobcat Plant Hire (Uk) Ltd, Regina (on the Application Of) v Construction Industry Training Board [2003] EWHC 2383 (Admin) 2 Oct 2003 Admn Employment [ Bailii ] Â Secretary of State for Trade and Industry v Rutherford and others [2003] EAT 1029_02_0210 2 Oct 2003 EAT Employment [ Bailii ] Â Patel v the Charity Family Matters [2003] EAT 0645_03_0210 2 Oct 2003 EAT Employment [ Bailii ] Â Ellen Hosie and 2 others v North Ayrshire Leisure Ltd EATS/0013/03 2 Oct 2003 EAT The Honourable Lord Johnston Employment EAT Practice and Procedure - Costs Â A J Larwood v Earth Tronics Inc Ltd EAT/558/03 2 Oct 2003 EAT His Hon Judge Clark Employment EAT Practice and Procedure - Costs. [ EATn ] Â Larwood v Earth Tronics Inc Ltd [2003] UKEAT 0558_03_0210 2 Oct 2003 EAT Employment [ Bailii ] Â Ellen Hosie and 2 others v North Ayrshire Leisure Ltd EATS/0013/03 2 Oct 2003 EAT The Honourable Lord Johnston Employment EAT Practice and Procedure - Costs. [ EATn ] Â Larwood v Earth Tronics Inc Ltd [2003] EAT 0558_03_0210 2 Oct 2003 EAT Employment [ Bailii ] Â S Madani v Spirt Ssr Ltd UKEAT/641/03/ZT 2 Oct 2003 EAT Her Honour Judge A Wakefield Employment EAT National Minimum Wage - (no sub-topic). [ EATn ] Â Antigua Public Utilities Authority v Malcolm Alphonso Edwards 35 of 2002; [2003] UKPC 64 2 Oct 2003 PC Lord Millett, Lord Scott of Foscote, Lord Walker of Gestingthorpe, Sir Christopher Staughton Commonwealth, Employment, Estoppel PC (Antigua and Barbuda) Upon the transfer of utilities into private companies controlled by the government, the respondent's employment was also to be transferred. The issue concerned his new contract terms. The respondent was employed on a fixed term contract. Under that contract he was to be paid a gratuity at the end of the term. The new contract was permanent with no gratuity or pension payable. Held: Vested rights had been promised to be protected, but no estaoppel could be established. The applicant's alteration of his retirement date by a few weeks could not give rise to one. The evidence suggested that Mr Edward's position was treated as special, and a letter was more likely to have been sent than not. He was entitled to a pension, though on a different basis than the award appealed. 1 Cites [ PC ] - [ Bailii ] Â Hosie v North Ayrshire Leisure Ltd [2003] UKEAT 0013_03_0210 2 Oct 2003 EAT Employment [ Bailii ] Â Patel v the Charity Family Matters [2003] UKEAT 0645_03_0210 2 Oct 2003 EAT Employment [ Bailii ] Â S Madani v Spirt SSR Ltd EAT/641/03; [2003] EAT 0641_03_0210; UKEAT/641/03/ZT; [2003] UKEAT 0641_03_0210 2 Oct 2003 EAT Her Honour Judge A Wakefield Employment EAT National Minimum Wage [ Bailii ] - [ Bailii ] Â Hosie v North Ayrshire Leisure Ltd [2003] EATS 0013_03_0210 2 Oct 2003 EAT Employment [ Bailii ] Â A J Larwood v Earth Tronics Inc Ltd EAT/558/03 2 Oct 2003 EAT His Hon Judge Clark Employment EAT Practice and Procedure - Costs Â Secretary of State for Trade and Industry v Rutherford and others [2003] UKEAT 1029_02_0210 2 Oct 2003 EAT Employment [ Bailii ] Â Ministry of Defence v G North UK/EAT/530/03/TM 3 Oct 2003 EAT Her Honour Judge A Wakefield Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â Macdonald v Salvation Army and others [2003] UKEAT 0038_03_0310 3 Oct 2003 EAT Employment [ Bailii ] Â Ministry of Defence v North [2003] EAT 0530_03_0310 3 Oct 2003 EAT Employment [ Bailii ] Â Macdonald v Salvation Army and others [2003] EATS 0038_03_0310 3 Oct 2003 EAT Employment [ Bailii ] Â Ministry of Defence v G North UK/EAT/530/03/TM 3 Oct 2003 EAT Her Honour Judge A Wakefield Employment EAT Unfair Dismissal - Reason for dismissal Â Ministry of Defence v North [2003] UKEAT 0530_03_0310 3 Oct 2003 EAT Employment [ Bailii ] Â Southend-on Sea Brough Council v John Bartlett [2003] EAT 0161_03_2411; UKEAT/161/03/DA; [2003] UKEAT 0161_03_2411 6 Oct 2003 EAT His Hon Judge J R Reid QC Employment EAT Unfair Dismissal - Reasonableness of dismissal [ Bailii ] - [ Bailii ] Â Rice v Board of Governors of St Aloysius High School and Another (Preliminary Hearing) [2003] NIIT 46 6 Oct 2003 NIIT Northern Ireland, Employment [ Bailii ] Â Glen Dimplex UK Ltd v Burrows EAT/265/03; [2003] EAT 0265_03_0610; [2003] UKEAT 0265_03_0610 6 Oct 2003 EAT Employment EAT Unfair Dismissal - Compensation 1 Cites [ Bailii ] - [ Bailii ] Â Southend-on Sea Brough Council v John Bartlett UKEAT/161/03/DA 6 Oct 2003 EAT His Hon Judge J R Reid Qc Employment EAT Unfair Dismissal - Reasonableness of dismissal. [ EATn ] Â Taylor v Dept of Environment Food and Rural Affairs (Defra) and Another [2003] UKEAT 0625_02_0610 6 Oct 2003 EAT Employment [ Bailii ] Â Taylor v Dept of Environment Food and Rural Affairs (Defra) and Another [2003] EAT 0625_02_0610 6 Oct 2003 EAT Employment [ Bailii ] Â Deman v Association of University Teachers [2003] EAT 0142_03_0710; [2003] UKEAT 0142_03_0710 7 Oct 2003 EAT Employment 1 Cites 1 Citers [ Bailii ] - [ Bailii ] Â A Charles v Department of Environment Transport and Regions UKEAT/454/03 7 Oct 2003 EAT His Hon Judge Prophet Employment EAT Equal Pay Act - Work rated equivalent Â Hossain and others v Sonali Trade and Finance UK Ltd [2003] UKEAT 0176_02_0710 7 Oct 2003 EAT Employment [ Bailii ] Â A Charles v Department of Environment Transport and Regions UKEAT/454/03 7 Oct 2003 EAT His Hon Judge Prophet Employment EAT Equal Pay Act - Work rated equivalent. [ EATn ] Â GMB Union v M Fenton EAT/46/03; [2003] EAT 0798_02_0710; [2003] UKEAT 0798_02_0710; EAT/798/02 7 Oct 2003 EAT Justice Burton (P) Discrimination, Employment EAT Sex Discrimination - Victimisation EAT Sex Discrimination - Victimisation. 1 Citers [ Bailii ] - [ Bailii ] - [ EATn ] Â Edmondson and others v Allen and others [2003] NIIT 2239_97 7 Oct 2003 NIIT Northern Ireland, Employment [ Bailii ] Â Byrne v Wine Inns Ltd and Another (Unfair Dismissal/Notice Pay/Holiday Pay) [2003] NIIT 47 8 Oct 2003 NIIT Northern Ireland, Employment [ Bailii ] Â Byrne v Wine Inns Ltd and Another [2003] NIIT 1208_01 8 Oct 2003 NIIT Northern Ireland, Employment [ Bailii ] Â O Ibimidun v H M Prison Service EAT/471/03 EAT/472/03 EAT/473/ 8 Oct 2003 EAT His Hon Judge Clark Employment EAT Practice and Procedure - Review. [ EATn ] Â Saad v Birmingham City Council and Another [2003] EAT 0734_02_0810 8 Oct 2003 EAT Employment [ Bailii ] Â Saad v Birmingham City Council and Another [2003] UKEAT 0734_02_0810 8 Oct 2003 EAT Employment [ Bailii ] Â Ibimidun v H M Prison Service [2003] EAT 0471_03_0810 8 Oct 2003 EAT Employment [ Bailii ] Â Devine-Jones v Commissioners of Police the Metropolis Detective Inspector Woodward EAT/342/03; [2003] EAT 0342_03_0810; [2003] UKEAT 0342_03_0810 8 Oct 2003 EAT The Honourable Mr Justice Burton (P) Discrimination, Employment EAT Disability Discrimination - Vicarious liability [ Bailii ] - [ Bailii ] - [ EATn ] Â O Ibimidun v H M Prison Service EAT/471/03 EAT/472/03 EAT/473/ 8 Oct 2003 EAT His Hon Judge Clark Employment EAT Practice and Procedure - Review Â Ibimidun v H M Prison Service [2003] UKEAT 0471_03_0810 8 Oct 2003 EAT Employment [ Bailii ] Â Ministry of Defence v Williams [2003] UKEAT 0833_02_0810 8 Oct 2003 EAT Employment [ Bailii ] Â Ministry of Defence v Willia [2003] EAT 0833_02_0810 8 Oct 2003 EAT Employment [ Bailii ] Â Camden and Islington Mental Health NHS Trust (Now Materially Succeeded By Camden and Islington Mental and Social Care Trust) v J A Akinmolasire EAT/332/03; [2003] EAT 0332_03_0910; [2003] UKEAT 0332_03_0910 9 Oct 2003 EAT His Hon Judge Prophet Discrimination, Employment EAT Race Discrimination - Indirect 1 Citers [ Bailii ] - [ Bailii ] Â Adc Telecommunications UK Ltd v Carr [2003] UKEAT 0141_03_0910 9 Oct 2003 EAT Employment [ Bailii ] Â West v Webperform Group Ltd [2003] UKEAT 0445_03_0910 9 Oct 2003 EAT Peter Clark HHJ Employment [ Bailii ] Â Wise v London Borough of Redbridge EAT/573/03 & EAT/574/03; [2003] EAT 0573_03_0910; [2003] UKEAT 0573_03_0910 9 Oct 2003 EAT His Hon Judge Prophet Employment EAT Practice and Procedure - Estoppel [ Bailii ] - [ Bailii ] Â D J Wise v London Borough of Redbridge EAT/573/03 & EAT/574/03 9 Oct 2003 EAT His Hon Judge Prophet Employment EAT Practice and Procedure - Estoppel or Abuse of Process. [ EATn ] Â Ajagunna v Armour Security Services Ltd [2003] UKEAT 0210_03_0910 9 Oct 2003 EAT Employment [ Bailii ] Â Ajagunna v Armour Security Services Ltd [2003] EAT 0210_03_0910 9 Oct 2003 EAT Employment [ Bailii ] Â West v Webperform Group Ltd [2003] EAT 0445_03_0910 9 Oct 2003 EAT Employment [ Bailii ] Â A Cooper and Another (T/A Transmissions Clothing) v Smith [2003] UKEAT 0452_03_0910 9 Oct 2003 EAT Employment [ Bailii ] Â Adc Telecommunications UK Ltd v Carr [2003] EAT 0141_03_0910 9 Oct 2003 EAT Employment [ Bailii ] Â Docherty v Ni Forces Youth and Community Servces and others (Preliminary Hearing) [2003] NIIT 48 10 Oct 2003 NIIT Northern Ireland, Employment [ Bailii ] Â Olifra (T/A F and M Associates) v Mcbean [2003] EAT 0413_03_1010 10 Oct 2003 EAT Employment [ Bailii ] Â Â Odar v Knight Securities International Limited and others; EAT 10-Oct-2003 - EAT/304/03; [2003] EAT 0304_03_1010; [2003] UKEAT 0304_03_1010 Â Olifra (T/A F and M Associates) v Mcbean [2003] UKEAT 0413_03_1010 10 Oct 2003 EAT Employment [ Bailii ] Â Docherty v Ni Forces Youth and Community Service and others [2003] NIIT 3150_00 13 Oct 2003 NIIT Northern Ireland, Employment [ Bailii ] Â Crown Prosecution Service v Thind [2003] UKEAT 0399_03_1310 13 Oct 2003 EAT Peter Clark HHJ Employment [ Bailii ] Â Bond v Southampton and Ormskirk NHS Trust [2003] EAT 0632_03_1310 13 Oct 2003 EAT Employment [ Bailii ] Â Reid v Elmcrest Plc EAT/393/03 13 Oct 2003 EAT His Hon Judge J R Reid Qc Employment EAT Practice and Procedure - Questionnaires. [ EAT ] Â Crown Prosecution Service v Thind [2003] EAT 0399_03_1310 13 Oct 2003 EAT Employment [ Bailii ] Â Mohtasham v Simpson and Anor [2003] UKEAT 0272_03_1310 13 Oct 2003 EAT Employment [ Bailii ] Â Mohtasham v Simpson and Anor [2003] EAT 0272_03_1310 13 Oct 2003 EAT Employment [ Bailii ] Â Martin Alexander Reid v Elmcrest Plc EAT/395/03 13 Oct 2003 EAT His Hon Judge J R Reid Qc Employment EAT Contract of Employment - Definition of employee. [ EATn ] Â Reid v Elmcrest Plc [2003] EAT 0393_03_1310; [2003] UKEAT 0393_03_1310 13 Oct 2003 EAT His Hon Judge J R Reid QC Employment EAT Contract of Employment - Definition of employee [ Bailii ] - [ Bailii ] Â Bond v Southampton and Ormskirk NHS Trust [2003] UKEAT 0632_03_1310 13 Oct 2003 EAT Employment [ Bailii ] Â J Nash v Governors of Binstead Primary School UKEAT/120/03 14 Oct 2003 EAT His Hon Judge Richardson Employment EAT Unfair Dismissal - Reason for dismissal Â Nash v Governors of Binstead Primary School [2003] EAT 0120_03_1410 14 Oct 2003 EAT Employment [ Bailii ] Â J Nash v Governors of Binstead Primary School UKEAT/120/03 14 Oct 2003 EAT His Hon Judge Richardson Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â Nash v Governors of Binstead Primary School [2003] UKEAT 0120_03_1410 14 Oct 2003 EAT Employment [ Bailii ] Â Profile Analysis Limited v Shaun Cassidy UKEAT/586/03 & UKEAT/587/03 15 Oct 2003 EAT His Hon Judge J R Reid Qc Employment EAT Practice and Procedure - Amendment. [ EATn ] Â Callan Method Organisation Ltd v Garcia and others [2003] EAT 0722_03_1510 15 Oct 2003 EAT Employment [ Bailii ] Â Profile Analysis Limited v Shaun Cassidy [2003] EAT 0182_03_1508; UKEAT/586/03 & UKEAT/587/03; [2003] UKEAT 0182_03_1508; [2003] UKEAT 0586_03_1311 15 Oct 2003 EAT His Hon Judge J R Reid QC Employment EAT Practice and Procedure - Amendment [ Bailii ] - [ Bailii ] - [ Bailii ] Â R Brown v First Security (Guards) Ltd [2003] EAT 0364_03_1510; EAT/364/03 15 Oct 2003 EAT His Hon Judge J R Reid QC Employment EAT Practice and Procedure - Application [ Bailii ] Â Weir Valves and Controls (UK) Ltd v Armitage [2003] EAT 0296_03_1510; EAT/296/03; UKEAT/296/03/MAA; [2003] UKEAT 0296_03_1510; [2004] ICR 371 15 Oct 2003 EAT His Hon Judge Richardson Employment EAT Practice and Procedure - Case Management In considering whether or not to strike out or impose some lesser remedy the guiding consideration was the overriding objective which required justice to be done between the parties and that in particular the Tribunal should consider the magnitude of the default, whether the default was the responsibility of the solicitor or the party, what disruption, unfairness or prejudice had been caused and whether a fair hearing was still possible. 1 Citers [ Bailii ] - [ Bailii ] - [ EATn ] Â Brown v First Security (Guards) Ltd [2003] UKEAT 0364_03_1510 15 Oct 2003 EAT Employment [ Bailii ] Â Callan Method Organisation Ltd v Garcia and others [2003] UKEAT 0722_03_1510 15 Oct 2003 EAT Employment [ Bailii ] Â Billington v Michael Hunter and Sons Ltd UKEAT/578/03/DM 16 Oct 2003 EAT His Hon Judge Richardson Employment EAT Unfair Dismissal - Reason for dismissal Â Billington v Michael Hunter and Sons Ltd [2003] UKEAT 0578_03_1610 16 Oct 2003 EAT Employment [ Bailii ] Â Billington v Michael Hunter and Sons Ltd [2003] EAT 0578_03_1610 16 Oct 2003 EAT Employment [ Bailii ] Â Mohammad v Nationwide Emergency Response Ltd [2003] EAT 0669_03_1610; [2003] UKEAT 0669_03_1610 16 Oct 2003 EAT Employment [ Bailii ] - [ Bailii ] Â The Ministry of Defence v C Armstrong K George and others UKEAT/1239/02 17 Oct 2003 EAT The Honourable Mr S Justice Cox Employment, Discrimination EAT Sex Discrimination - Indirect Equal Pay Act 1970 - Treaty of Rome 141 Â Sermet Ni Ltd v Construction Industry Training Board [2003] NIIT 186_03 17 Oct 2003 NIIT Northern Ireland, Employment [ Bailii ] Â Cordiant Communications Group Plc and others v Bamber and Another [2003] EAT 0810_03_1710; [2003] UKEAT 0810_03_1710 17 Oct 2003 EAT Employment [ Bailii ] - [ Bailii ] Â CPM UK Ltd v Kadama [2003] UKEAT 0803_03_2010 20 Oct 2003 EAT Employment [ Bailii ] Â Bax Global Ltd v French [2003] UKEAT 0596_03_2010 20 Oct 2003 EAT Employment [ Bailii ] Â Bankhead v the Directorate of Naval Reserves and others [2003] NIIT 1142_03 20 Oct 2003 NIIT Northern Ireland, Employment [ Bailii ] Â Uzoechina v Immigration Advisory Service [2003] EAT 0992_02_2010 20 Oct 2003 EAT Employment [ Bailii ] Â Uzoechina v Immigration Advisory Service [2003] UKEAT 0992_02_2010 20 Oct 2003 EAT Employment [ Bailii ] Â Brandland Ltd v Burman [2003] EAT 0549_03_2010 20 Oct 2003 EAT Employment [ Bailii ] Â Brandland Ltd v Burman [2003] UKEAT 0549_03_2010 20 Oct 2003 EAT Employment [ Bailii ] Â Bax Global Ltd v French [2003] EAT 0596_03_2010 20 Oct 2003 EAT Employment [ Bailii ] Â I Uzoechina v Immigration Advisory Service EAT/108/03; EAT/992/02 20 Oct 2003 EAT His Hon Judge Clark Employment EAT Practice and Procedure - Costs Â Cpm UK Ltd v Kadama [2003] EAT 0803_03_2010 20 Oct 2003 EAT Employment [ Bailii ] Â Bankhead v Directorate of Naval Reserves and others (Unfair Dismissal/Disability Discrimination) [2003] NIIT 50 20 Oct 2003 NIIT Northern Ireland, Employment [ Bailii ] Â Bax Global Ltd v French UKEAT/596/03/RN 20 Oct 2003 EAT The Honourable Mr Lord Johnston Employment EAT Practice and Procedure - Review Â CPM UK Ltd v P Kadama UKEAT/803/SM 20 Oct 2003 EAT His Hon Judge Richardson Employment EAT Practice and Procedure - Application Â Bond v West Lancashire District Council [2003] EAT 0629_03_2210 22 Oct 2003 EAT Employment [ Bailii ] Â George Ellison Ltd v Brown [2003] UKEAT 0338_03_2210 22 Oct 2003 EAT Employment [ Bailii ] Â Health and Safety Executive v Cadman [2003] UKEAT 0947_02_2210 22 Oct 2003 EAT Employment [ Bailii ] Â Pratt v Sanden International (Europe) Ltd [2003] EAT 0529_02_2210; [2003] UKEAT 0529_02_2210 22 Oct 2003 EAT Employment [ Bailii ] - [ Bailii ] Â Health and Safety Executive v Cadman [2003] EAT 0947_02_2210 22 Oct 2003 EAT Employment [ Bailii ] Â Woods v Lancashire County Council [2003] UKEAT 0800_03_2210 22 Oct 2003 EAT Employment [ Bailii ] Â George Ellison Ltd v I E Brown EAT/338/03; [2003] EAT 0338_03_2210 22 Oct 2003 EAT The Honourable Mr Lord Johnston Employment EAT Unfair Dismissal - Procedural fairness [ Bailii ] Â Bond v West Lancashire District Council [2003] UKEAT 0629_03_2210 22 Oct 2003 EAT Employment [ Bailii ] Â Woods v Lancashire County Council [2003] EAT 0800_03_2210 22 Oct 2003 EAT Employment [ Bailii ] Â Singh v Esprit People Ltd and others [2003] UKEAT 0278_03_2310 23 Oct 2003 EAT Employment [ Bailii ] Â Stilgoe, Smith v UK Coal Mining Limited [2003] EWHC 2428 (QB) 23 Oct 2003 QBD The Honourable Mr Justice Newman Employment [ Bailii ] Â C Singh v Esprit People Ltd and others UKEAT/0278/03 23 Oct 2003 EAT The Honourable Lord Johnston Employment, Discrimination EAT Unfair Dismissal - Reason for dismissal Â Pectel Ltd v Franklin [2003] EAT 0665_03_2310 23 Oct 2003 EAT Employment [ Bailii ] Â C Singh v Esprit People Ltd and others UKEAT/278/03 23 Oct 2003 EAT The Honourable Mr Lord Johnston Employment EAT Unfair Dismissal - Reason for dismissal Â Pectel Ltd v Franklin [2003] UKEAT 0665_03_2310 23 Oct 2003 EAT Employment [ Bailii ] Â Higgins v Ideal Wood Creations Ltd [2003] NIIT 374_03 24 Oct 2003 NIIT Northern Ireland, Employment [ Bailii ] Â Total Fitness (Uk) Ltd v Prelevic [2003] EAT 0537_03_2410; [2003] UKEAT 0537_03_2410 24 Oct 2003 EAT Employment 1 Citers [ Bailii ] - [ Bailii ] Â Higgins v Ideal Wood Creations Ltd (Unfair Dismissal) [2003] NIIT 52 24 Oct 2003 NIIT Northern Ireland, Employment [ Bailii ] Â Smith v Birmingham Women's Aid [2003] EAT 0735_03_2410 24 Oct 2003 EAT Employment [ Bailii ] Â Smith v Birmingham Women's Aid [2003] UKEAT 0735_03_2410 24 Oct 2003 EAT Employment [ Bailii ] Â Anderson (T/A R and M International) v Owen [2003] UKEAT 0417_03_2410 24 Oct 2003 EAT Employment [ Bailii ] Â Health Development Agency v Professor Richard Parish UKEAT/543/03; [2003] UKEAT 0543_03_2410 24 Oct 2003 EAT His Hon Judge Richardson Employment EAT Practice and Procedure - Amendment [ Bailii ] Â R Anderson T/A R and M International v G R Owen EAT/417/03/MAA; [2003] EAT 0417_03_2410 24 Oct 2003 EAT His Hon Judge Mcmullen QC Employment EAT Practice and Procedure - Postponement [ Bailii ] Â Downes v Evensure Management [2003] UKEAT 0868_02_2510 25 Oct 2003 EAT Employment [ Bailii ] Â Downes v Evensure Management [2003] EAT 0868_02_2510 25 Oct 2003 EAT Employment [ Bailii ] Â Department for Environment Food and Rural Affairs v G Robertson and others UKEAT/273/03/DM 27 Oct 2003 EAT The Honourable Mr Justice Burton (P) Employment EAT Equal Pay Act - Work rated equivalent Â Refreshment Systems Ltd (T/A Northern Vending Services) v Wolstenholme [2003] UKEAT 0608_03_2710 27 Oct 2003 EAT Employment [ Bailii ] Â Refreshment Systems Ltd T/A Northern Vending Services v J Wolstenholme UKEAT/608/03 27 Oct 2003 EAT His Hon Judge Richardson Employment EAT Unfair Dismissal - Reason for dismissal Â Â De Haney v Mind and Another; CA 27-Oct-2003 - [2003] EWCA Civ 1637; [2004] ICR 348 Â Refreshment Systems Ltd t/a Northern Vending Services v Wolsetnholme Times, 02 March 2004 27 Oct 2003 EAT Employment The claimant had brought an action uunder the section with respect to his right to be accompanied at a disciplinary hearing. The employer lodged an appeal. Held: The jurisdiction of the EAT was purely statutory. The powers to hear appeals were wide, but did not include any grant of right to hear such an appeal, and it could not do so. Employment Relations Act 1999 10 1 Cites Â Haney v Brent Mind and another Times, 11 November 2003 27 Oct 2003 CA Peter Gibson, Waller, Carnwath LJJ Employment The claimant's case had come before the Employment Appeal Tribunal. Before the hearing he was asked to sign a consent to the tribunal sitting as chairman and one assessor. She was not told that the assessor would be an employer. When she discovered this she withdrew her consent but the appeal went ahead. Held: The consent to the appeal had not been an informed consent. Accordingly there had been no determination. The importance of maintaining the balance of a tribunal was recognised in the statute. Employment Appaels Tribunals Act 1996 28(2) 28(3) Â Wilson and others v Ber-L Fashions Ltd (Unfair Dismissal/Holiday Pay/Overtime/Notice Pay) [2003] NIIT 53 27 Oct 2003 NIIT Northern Ireland, Employment [ Bailii ] Â Wilson and others v Ber-L Fashions Ltd [2003] NIIT 1483_02 27 Oct 2003 NIIT Northern Ireland, Employment [ Bailii ] Â J Maguire v BAE Systems (Defence Systems) Ltd UKEAT/605/03 27 Oct 2003 EAT His Hon Judge J R Reid QC Employment EAT Practice and Procedure - Costs Â Butt v City of Bradford Metropolitan District Council [2003] UKEAT 0495_03_2810 28 Oct 2003 EAT Employment, Discrimination [ Bailii ] Â Prescription Pricing Authority v Dr John Johnston Ferguson EATS/0032/03; [2003] EATS 0032_03_2810 28 Oct 2003 EAT The Honourable Lord Johnston Employment EAT Practice and Procedure - Striking-out [ Bailii ] Â Butt v City of Bradford Metropolitan District Council UKEAT/495/03 28 Oct 2003 EAT His Hon Judge Richardson Employment EAT Practice and Procedure - Split hearings Â Prescription Pricing Authority v Ferguson [2003] UKEAT 0032_03_2810 28 Oct 2003 EAT Employment [ Bailii ] Â Prescription Pricing Authority v Dr John Johnston Ferguson EATS/0032/03 28 Oct 2003 EAT The Honourable Lord Johnston Employment EAT Practice and Procedure - Striking-out/dismissal. [ EATn ] Â May and Another v Harrison [2003] UKEAT 0128_03_2810 28 Oct 2003 EAT Employment [ Bailii ] Â Â Dr S D Silva May and Liddle v Harrison; EAT 28-Oct-2003 - UKEAT/128/03 Â Rush v Law Hospital NHS Trust [2003] UKEAT 0009_03_2810 28 Oct 2003 EAT Employment, Discrimination 1 Cites [ Bailii ] Â T Hill v Hm Prison Service Agency UKEAT/540/03/RN 29 Oct 2003 EAT His Hon Judge Prophet Employment EAT Practice and Procedure - Preliminary issues. [ EATn ] Â Royal Mail (A Trading Name of Royal Mail Group Plc) v Spence EATS/0040/03 29 Oct 2003 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â Royal Mail v Spence [2003] EATS 0040_03_2910 29 Oct 2003 EAT Employment [ Bailii ] Â Pay v Lancashire Probation Service EAT/1224/02; [2003] EAT 1224_02_2910; Times, 27 November 2003; [2003] UKEAT 1224_02_2910; [2004] IRLR 129; [2004] ICR 187 29 Oct 2003 EAT McMullen QC J Employment, Human Rights The appellant challenged refusal of his claim for unfair dismissal. A probation officer, he had business interests in fire breathing and bondage merchandising which the service said were incompatible with his duties, and dismissed him. He complained that this infringed his right to freedom of expression. Held: A public authority had to respect an employee's human rights, including the right of free expression, and would be acting unreasonably in unfair dismissal terms if its actions infringed those rights. However in this case, the tribunal had made no error of law in finding no infringement of those rights in the Service's actions. 1 Cites 1 Citers [ Bailii ] - [ Bailii ] - [ EATn ] Â London Borough of Ealing v Robinson and Another [2003] EAT 0412_03_2910 29 Oct 2003 EAT Employment [ Bailii ] Â Royal Mail v Spence [2003] UKEAT 0040_03_2910 29 Oct 2003 EAT Employment [ Bailii ] Â Royal Mail (A Trading Name of Royal Mail Group Plc) v Spence EATS/0040/03 29 Oct 2003 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Reason for dismissal Â London Borough of Ealing v Robinson and Another [2003] UKEAT 0412_03_2910 29 Oct 2003 EAT Employment [ Bailii ] Â T Hill v Hm Prison Service Agency UKEAT/540/03/RN 29 Oct 2003 EAT His Hon Judge Prophet Employment EAT Practice and Procedure - Preliminary issues Â Knight v London Borough of Harrow EAT/356/03; [2003] EAT 0349_03_2910; [2003] UKEAT 0349_03_2910; EAT/349/03; [2003] IRLR 140 29 Oct 2003 EAT The Honourable Mr Justice Burton (P) Employment EAT Practice and Procedure - Striking-out/dismissal. Burton J said: "It is thus necessary in a claim under section 47B to show that the fact that the protected disclosure had been made caused or influenced the employer to act (or not act) in the way complained of: merely to show that "but for" the act or omission would not have occurred. Merely to show that 'but for' the disclosure the act or omission would not have occurred is not enough" 1 Cites 1 Citers [ Bailii ] - [ Bailii ] - [ EAT ] Â Connex South Eastern Ltd v Kelly [2003] UKEAT 0607_03_3010 30 Oct 2003 EAT Employment [ Bailii ] Â Perth and Kinross Council v Tony Donaldson and 14 Others Newtown Construction Scotland Ltd Meldru EATS/0031/03 30 Oct 2003 EAT The Honourable Lord Johnston Employment EAT Transfer of Undertakings - Acquired rights directive The European Acquired rights directive sought to protect the rights of employees on the a transfer of a business to another employer. It was transposed into UK law by regulations purportedly made under 2(2) of the 1972 Act. The tribunal held that TUPE applied where the employer became irretrievably insolvent. It was to be considered whether, if TUPE did cover the case, it was to that extent ultra vires, because the Directive did not require the UK to afford that degree of protection in an irretrievable insolvency. Held: The relevant provision was ultra vires. If it was desired to cover a business in that situation, recourse would have to be had to primary legislation. Lord Johnston: "[A] very material question of law arises which does not seem to have been decided authoritatively in the United Kingdom. The broad issue is whether or not, when a European Directive is implemented by subsidiary legislation of the United Kingdom parliament, under section 2 of the Treaty of Rome Act 1972 [sic], can the relevant Regulations be intra vires if the effect of those Regulations brought in by the UK Parliament is to widen the scope of the Directive which it is seeking to implement." and "The Tribunal focussed on this matter in Addison v. Denholm Ship Management (UK) Ltd [1997] IRLR, commenting critically upon a case R v. Secretary of State for Industry ex parte UNISON [1996] ICR 1003. This Tribunal stated in this context, "The child cannot be larger, wider or have great implications than its parent allows. . . Whatever may be the position of a liquidator with regard to the sale of a business as a going concern, when it comes to irretrievable insolvency and cessation of business, we are satisfied that European jurisprudence does not admit the application of the ARD Directive. If it is to be suggested that TUPE has effectively allowed the Directive to operate in that context we consider that if falls foul of the approach that we adopted in Addison to the effect that it is going beyond the scope of the Directive and would in that respect be ultra vires. The issue requires to be addressed by primary legislation." Although the Directive did not apply to a case of irretrievable insolvency and cessation of business, neither did it prevent a member state from providing employment protection in such circumstances if it so desired. European Communities Act 1972 2(2) 1 Citers Â Hm Attorney General v Ayovuare [2003] UKEAT 0614_03_3010 30 Oct 2003 EAT Employment [ Bailii ] Â Perth and Kinross Council v Tony Donaldson and 14 Ors, Newtown Construction Scotland Ltd, Meldrums EATS/0031/03 30 Oct 2003 EAT The Honourable Lord Johnston Employment EAT Transfer of Undertakings - Acquired rights directive. [ EATn ] Â Connex South Eastern Ltd v James Kelly UKEAT/607/03 30 Oct 2003 EAT His Hon Judge J R Reid QC Employment EAT Unfair Dismissal - Reasonableness of dismissal Â Connex South Eastern Ltd v James Kelly UKEAT/607/03 30 Oct 2003 EAT His Hon Judge J R Reid Qc Employment EAT Unfair Dismissal - Reasonableness of dismissal. [ EATn ] Â H M Attorney General v O F Ayovuare UKEAT/614/03 30 Oct 2003 EAT The Honourable Mr Justice Keith Employment EAT Practice and Procedure - Application Â Perth and Kinross Council v Donaldson and Others [2003] UKEAT 0031_03_3010 30 Oct 2003 EAT Employment [ Bailii ] Â South Tyneside Mbc v S Graham UKEAT/107/03 31 Oct 2003 EAT His Hon Judge Richardson Employment EAT Unlawful Deduction from Wages - (no sub-topic). [ EAT ] Â South Tyneside Mbc v S Graham UKEAT/107/03 31 Oct 2003 EAT His Hon Judge Richardson Employment EAT Unlawful Deduction from Wages Â The Learning and Skill Council v S L Barfoot and others UKEAT/621/03/DA 31 Oct 2003 EAT The Honourable Mr Justice Keith Employment EAT Unlawful Deduction from Wages [ EAT ] Â the Learning and Skill Council v S L Barfoot and others UKEAT/621/03/DA 31 Oct 2003 EAT The Honourable Mr Justice Keith Employment EAT Unlawful Deduction from Wages Â South Tyneside Mbc v Graham [2003] UKEAT 0107_03_3110 31 Oct 2003 EAT Employment [ Bailii ] Â Partnership Media Group Ltd v Hugo [2003] UKEAT 0037_02_0311; UKEAT/0037/02 3 Nov 2003 EAT His Hon Judge Richardson Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ Bailii ] - [ EAT ] Â Preston and others v Wolverhampton Healthcare NHS Trust and others UKEAT/1069/02 & UKEAT1070/02 U; [2003] UKEAT 1069_02_1912; [2004] IRLR 96; [2004] ICR 993 3 Nov 2003 EAT His Hon Judge McMullen QC Employment, Discrimination EAT Judge McMullen QC adopted a limited view of the scope of the new principle of stable employment set out at the ECJ and HL. He thought it was intended "to rescue employees who do not have a permanent job"; and that it was confined to cases of the kind considered by the ECJ, that is those relating to applicants who: "worked regularly but periodically or intermittently for the same employer, under successive legally separate contracts." 1 Cites 1 Citers [ Bailii ] - [ EATn ] Â Jones v Am Transport Services Ltd (Unfair Dismissal/Sex Discrimination/Payment In Lieu of Notice) [2003] NIIT 55 4 Nov 2003 NIIT Northern Ireland, Employment [ Bailii ] Â Â Instant Muscle Ltd v Khawaja; EAT 5-Nov-2003 - [2003] UKEAT 0216_03_0511 Â Gordon v 2Nd Battalion Royal Irish Regiment [2003] NIIT 1535_03 5 Nov 2003 NIIT Northern Ireland, Employment [ Bailii ] Â Von-Goetz v South Thames Department of Post Graduate Medical and Dental Education [2003] UKEAT 1415_01_0511 5 Nov 2003 EAT Employment 1 Cites 1 Citers [ Bailii ] Â Deman v University of Bradford and others [2003] UKEAT 0572_03_0511; UKEAT/572/03 5 Nov 2003 EAT His Hon Judge Birtles QC Employment EAT Race Discrimination - Direct 1 Cites [ Bailii ] - [ EAT ] Â Von-Goetz v South Thames Department of Post Graduate Medical and Dental Education [2003] EAT 1415_01_0511 5 Nov 2003 EAT Employment 1 Cites [ Bailii ] Â East Sussex County Council v Hancock UKEAT/353/03; [2003] UKEAT 0353_03_0511 5 Nov 2003 EAT Burton P Discrimination, Employment EAT The Council appealed against a finding that the respondent, their employee, was disabled under the 1995 Act. He suffered from a long term mixed anxiety and depression disorder, but the Council disputed that it should have a substantial and long term adverse effect on his ability to carry out normal activities. The expert evidence was that he had no effect on his day-to-day activities by way of loss of concentration or memory. Held: It was not clear whether the Tribunal had accepted or rejected the expert evidence. It had preferred the evidence of the claimant without giving proper consideration to the expert evidence, and the central conclusion that the claimant was prejudiced by te fear of being in crowds was not supported by any evidence. The appeal succeeded, and the case remitted. Disability Discrimination Act 1995 3 491)(g) 4(1)(h) 1 Cites [ Bailii ] - [ EATn ] Â Mayo-Deman v Lewisham College UKEAT/104/02/SM; [2003] EAT 0104_02_0812 5 Nov 2003 EAT His Hon Judge Birtles QC Discrimination, Employment EAT Race Discrimination - Direct 1 Cites [ Bailii ] Â Devine v M and D Crawford [2003] NIIT 335_03 6 Nov 2003 NIIT Northern Ireland, Employment [ Bailii ] Â Tring v Liberata UK Ltd [2003] EAT 0690_03_0611; [2003] UKEAT 0690_03_0611 6 Nov 2003 EAT Employment [ Bailii ] - [ Bailii ] Â Martin and others v South Bank University C-4/01; [2003] EUECJ C-4/01; [2004] IRLR 74 6 Nov 2003 ECJ European, Employment Workers had been transferred from the NHS to the university sector and were required on their emergence into education to join the educational pension scheme. Held: "In circumstances such as those in the main proceedings, the alteration of the employment relationship is nevertheless connected to the transfer. It is clear from the file that SBU wished merely to bring the terms upon which it offered early retirement to employees of Redwood College into line with those offered until that time to its other employees and, in such circumstances, an alteration of the employment relationship must be regarded as connected to the transfer. That the situation in the main proceedings is of that type is confirmed by the fact that, immediately after the transfer, SBU offered the employees from Redwood College a contract of employment on its terms, which the applicants nevertheless refused. It should, however, be stated that the mere fact that the applicants had joined the higher education retirement scheme has no bearing on this analysis: that factor concerns their retirement rights per se, which are the subject of the derogations under Article 3(3) of the Directive, and not the terms of early retirement. Since the transfer of undertaking is indeed the reason for the unfavourable alteration of the terms of early retirement offered to the employees of that entity, any consent given by some of those employees to such an alteration is invalid in principle.” 1 Citers [ Bailii ] Â Account Tax Marketing Ltd v N C Halstead UKEAT/313/03 6 Nov 2003 EAT His Hon Judge Richardson Employment EAT Contract of Employment - Definition of employee Â Cunningham v Oaklands College UKEAT/437/03; [2003] UKEAT 0437_03_0611 6 Nov 2003 EAT His Hon Judge Birtles Employment 1 Cites [ Bailii ] - [ EATn ] Â Accountax Marketing Ltd v Halstead [2003] UKEAT 0313_03_0611 6 Nov 2003 EAT Employment [ Bailii ] Â Accounttax Marketing Ltd v N C Halstead UKEAT/313/03 6 Nov 2003 EAT His Hon Judge Richardson Employment EAT Contract of Employment - Definition of employee. [ EATn ] Â Adebowale v MHL Support Plc [2003] EAT 0789_03_0711; [2003] UKEAT 0789_03_0711 7 Nov 2003 EAT Employment 1 Cites [ Bailii ] - [ Bailii ] Â P M Gordon v Nacro UKEAT/740/03 7 Nov 2003 EAT His Hon Judge Birtles QC Employment EAT Practice and Procedure - Amendment Â Gordon v Nacro [2003] UKEAT 0740_03_0711 7 Nov 2003 EAT Employment [ Bailii ] Â Dhl Air Ltd v Wells [2003] EWCA Civ 1743 7 Nov 2003 CA Employment, Contract [ Bailii ] Â P M Gordon v Nacro UKEAT/740/03 7 Nov 2003 EAT His Hon Judge Birtles Qc Employment EAT Practice and Procedure - Amendment. [ EATn ] Â Tinsley Wire (Sheffield) v Sanders UKEAT/658/03; [2003] UKEAT 0658_03_0711 7 Nov 2003 EAT His Hon Judge Richardson Employment EAT Unfair Dismissal - Reasonableness of dismissal [ Bailii ] - [ EATn ] Â Celtec Limited v Astley and others 10 Nov 2003 HL Lord Bingham of Cornhill, Lord Nicholls of Birkenhead, Lord Steyn, Lord Hobhouse of Woodborough, Lord Rodger of Earlsferry Employment, European The employments of civil servants had been transferred to the defendant company. There had been some delay between their resignations and the new arrangements. The employee claimed the protection of the directive, saying that there had been a transfer of an undertaking, with employees, premises and database. It was said that the Regulations failed properly to implement the directive, having allowed ambiguity about the need for a single point for a transfer. Held: The question should be referred to the European Court of Justice, and also the Court should be asked how such a single time be identified. Council Directive 77/187/EEC - Transfer of Undertakings (Protection of Employees) Regulations 1981 (SI 1981 No 1794) 1 Cites 1 Citers [ House of Lords ] Â Regina on the Application of Prison Officers' Association v the Secretary of State for the Home Department [2003] EWHC 2662 (Admin) 10 Nov 2003 QBD The Honourable Mr Justice Newman Employment, Prisons [ Bailii ] Â Regina on the Application of Prison Officers' Association v the Secretary of State for the Home Department [2003] EWHC 2662 (Admin) 10 Nov 2003 Admn The Honourable Mr Justice Newman Employment, Judicial Review The applicant trades union complained that the employer had failed to consult it before introducing new policies which had effect of breaching a legally binding agreement with the Association. Held: The existing agreement provided for any dispute to be referred to arbitration. That had not occurred, and the judicial review was refused. Â Advanced Coil Slitters Ltd T/A Acsl v A Laing S Singh UKEAT/238/03/RN 11 Nov 2003 EAT His Hon Judge Birtles QC Employment EAT Unfair Dismissal - Reasonableness of dismissal Â Advanced Coil Slitters Ltd T/A Acsl v A Laing, S Singh UKEAT/238/03/RN 11 Nov 2003 EAT His Hon Judge Birtles Qc Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â Abbey National Plc v Morgan UKEAT/403/03; [2003] UKEAT 0403_03_1111 11 Nov 2003 EAT His Hon Judge Richardson Employment EAT Unfair Dismissal - Reasonableness of dismissal 1 Cites [ Bailii ] - [ EATn ] Â Legal Services Commission v Yvonne Patterson [2003] EWCA Civ 1558; Gazette, 15 January 2004; [2004] ICR 312; [2004] IRLR 153 11 Nov 2003 CA Clarke, Judge LJJ, Burton J Legal Professions, Discrimination, Employment The claimant worked as a sole practitioner solicitor. The firm failed the first part of its franchise assessment. She sought to allege race discrimination. The EAT rejected the complaint on the basis that she was not an employee. Held: The contracts between a firm and the Commission made it clear that this was a contract for services, rather than a contract of service. Accordingly the applicant was free to employ others to do the work she would promise to do for the Commission, and she was not therefore employed with any standing to make a complaint as an employee. She might however proceed on a complaint relating to the authorisation procedure adopted. 1 Cites 1 Citers [ Bailii ] Â Advanced Coil Slitters Ltd (T/A Acsl) v Laing and Another [2003] UKEAT 0238_03_1111 11 Nov 2003 EAT Employment [ Bailii ] Â Dolan v Smyth (T/A Roslea Oil Service) (Unfair Dismissal) [2003] NIIT 54 11 Nov 2003 NIIT Northern Ireland, Employment 1 Cites [ Bailii ] Â Advanced Coil Slitters Ltd (T/A Acsl) v Laing and Another [2003] EAT 0238_03_1111 11 Nov 2003 EAT Employment [ Bailii ] Â Ms R Brayshaw v Lambeth Community of Refugees From Vietnam UKEAT/713/03 12 Nov 2003 EAT The Honourable Mr Justice Rimer Employment EAT Working Time Regulations - (no sub-topic). [ EATn ] Â R Brayshaw v Lambeth Community of Refugees From Vietnam UKEAT/713/03 12 Nov 2003 EAT The Honourable Mr Justice Rimer Employment EAT Working Time Regulations Â Maresca v The Motor Insurance Repair Research Centre UKEAT/752/03; [2007] ICR 197 12 Nov 2003 EAT The Honourable Mr Justice Rimer Employment An employment judge had struck out the claim for non-compliance with an order for disclosure. Two days later, having complied fully, the claimant applied for a review. The employment judge summarily dismissed the application. Held Rimer J allowed the appeal. Employment tribunals should exercise their powers in accordance with the same principles as apply under the CPR. In a case involving an application to review a sanction, the employment judge should have had regard to the factors set out in CPR 3.9(1). That did not mean that CPR 3.9 should be regarded as being impliedly incorporated into the ET Rules; it was not. The EAT allowed the appeal because the judge had failed to have regard to the fact that the order had already been complied with at the time when he applied for the review. The hearing date would not have been affected. 1 Citers [ EATn ] Â Oldfield v University of Surrey [2003] EAT 0045_03_1211 12 Nov 2003 EAT Employment [ Bailii ] Â Oldfield v University of Surrey [2003] UKEAT 0045_03_1211 12 Nov 2003 EAT Employment [ Bailii ] Â Timothy John Flatman v London Borough of Southwark [2003] EWCA Civ 1610 12 Nov 2003 CA Lord Justice Schiemann Lord Justice Sedley Lord Justice Jacob Employment [ Bailii ] Â Muff and others (T/A Wits End) v Wheelwright [2003] EAT 0664_03_1311 13 Nov 2003 EAT Employment [ Bailii ] Â Shelton v David Wilson Homes Ltd [2003] UKEAT 0512_03_1311 13 Nov 2003 EAT Employment [ Bailii ] Â Paul v National Probation Service [2003] UKEAT 0290_03_1311 13 Nov 2003 EAT Employment [ Bailii ] Â Theodor Schilling and Angelica Fleck-Schilling v Finanzamt Nurnberg-Sud C-209/01; [2003] EUECJ C-209/01 13 Nov 2003 ECJ European, Employment Europa Free movement of workers - Officials and servants of the European Communities - Maintenance of domicile for tax purposes in the Member State of origin - Income tax - Deduction of expenditure in respect of a household assistant. [ Bailii ] Â Muff and others (T/A Wits End) v Wheelwright [2003] UKEAT 0664_03_1311 13 Nov 2003 EAT Employment [ Bailii ] Â McCabe v Board of Governors Erne Integrated College (Sex Discrimination) [2003] NIIT 56 13 Nov 2003 NIIT Northern Ireland, Employment [ Bailii ] Â Shelton v David Wilson Homes Ltd [2003] EAT 0512_03_1311 13 Nov 2003 EAT Employment [ Bailii ] Â Paul v National Probation Service [2003] EAT 0290_03_1311 13 Nov 2003 EAT Employment [ Bailii ] Â P Chandler and others T/A the Mortgage Bureau (Yorkasire) A Firm v D Gorski Bell UKEAT/744/03 14 Nov 2003 EAT The Honourable Mr Justice Rimer Employment EAT Transfer of Undertakings - Consultation and other information Â Propertycare Ltd v T Gower and others UKEAT/547/03; [2003] UKEAT 0547_03_1411 14 Nov 2003 EAT His Hon Judge Clark Employment EAT Contract of Employment - Definition of employee 1 Citers [ Bailii ] - [ EAT ] Â Cunningham v Quedos Ltd John Wyeth and Brothers Ltd UKEAT/298/03; [2003] UKEAT 0298_03_1411 14 Nov 2003 EAT His Hon Judge Mcmullen QC Discrimination, Employment EAT Sex Discrimination - Burden of proof [ Bailii ] - [ EATn ] Â Chandler and others (T/A the Mortgage Bureau (Yorkshire) (A Firm) v Gorski and Another [2003] UKEAT 0744_03_1411 14 Nov 2003 EAT Employment [ Bailii ] Â Verner, Sheppard, Ridley v Derby City Council, Norfolk County Council, St Thomas More Roman Catholic High School [2003] EWHC 2708 (Admin) 14 Nov 2003 QBD The Hon Mr Justice Lindsay Employment, Education The question was whether, when a teacher has applied for and accepted ill-health retirement benefit, usually a lump sum and a pension, on the ground of permanent incapacity, there exists a public law duty on his employer to dismiss the employee. Held: The contract came to an end upon the grant of ill health retirement benefits, without the need to give explicit notice, and therefore the question did not arise as to whether there was any duty to dismiss (though there would be none falling on the employer alone). Contractual pay during a period of notice would not normally be payable. Teachers' Pensions Regulations 1997 1 Cites [ Bailii ] Â Southwark v Bartholomew [2003] UKEAT 0730_03_1711 17 Nov 2003 EAT Employment [ Bailii ] Â London Borough of Southwark v E M Bartholomew UKEAT/730/03/LA & UKEAT/731/03 17 Nov 2003 EAT The Honourable Mr Justice Burton (P) Employment EAT Practice and Procedure - Review. [ EATn ] Â Y A Mears v Lloyd Green and Co UKEAT/707/02 17 Nov 2003 EAT His Hon Judge Clark Employment EAT Unfair Dismissal - Mitigation of loss Â Y A Mears v Lloyd Green and Co UKEAT/707/02 17 Nov 2003 EAT His Hon Judge Clark Employment EAT Unfair Dismissal - Mitigation of loss. [ EATn ] Â Armstrong v Newcastle Upon Tyne Metroplitan Borough Council UKEAT/282/03; [2003] UKEAT 0282_03_1711 17 Nov 2003 EAT His Hon Judge Richardson Employment EAT Unfair Dismissal - Procedural fairness/automatically unfair dismissal. [ Bailii ] - [ EATn ] Â London Borough of Southwark v Bartholomew [2003] EAT 0730_03_1711 17 Nov 2003 EAT Employment [ Bailii ] Â London Borough of Southwark v E M Bartholomew UKEAT/730/03/LA & UKEAT/731/03 17 Nov 2003 EAT The Honourable Mr Justice Burton (P) Employment EAT Practice and Procedure - Review Â South East Sheffield Citizens Advice Bureau v J Grayson UKEAT/283/03; [2003] UKEAT 0283_03_1711 17 Nov 2003 EAT The Honourable Mr Justice Rimer Employment, Discrimination EAT Disability Discrimination - Reasonable adjustments [ Bailii ] - [ EATn ] Â Dolan v Smyth (T/A Roslea Oil Service) [2003] NIIT 1095_03 18 Nov 2003 NIIT Northern Ireland, Employment [ Bailii ] Â Reality (White Arrow Express) Ltd v D O'Hara UKEAT/0447/03 18 Nov 2003 EAT The Honourable Mr Justice Burton (P) Employment EAT Redundancy - Exclusions [ EAT ] Â Nixon v GMB and others [2003] UKEAT 0598_03_1811 18 Nov 2003 EAT Employment [ Bailii ] Â Nicholson and others v Long Products Ltd [2003] EAT 0166_02_1911 19 Nov 2003 EAT Employment [ Bailii ] Â Smyth v Fruit of the Loom [2003] NIIT 75_02 19 Nov 2003 NIIT Northern Ireland, Employment [ Bailii ] Â D L Beevor v Humberside Fire Brigade UKEAT/630/03; [2003] UKEAT 0630_03_1911 19 Nov 2003 EAT His Hon Judge Richardson Employment EAT Unfair Dismissal - Exclusions including worker [ Bailii ] Â Telephone Hearing v Chamberlain [2003] UKEAT 0404_03_1911 19 Nov 2003 EAT Employment [ Bailii ] Â Al-Kadhimi and others v Saudi Arabia [2003] EWCA Civ 1689 19 Nov 2003 CA Simon Brown J Employment 1 Cites [ Bailii ] Â Telephone Hearing v Chamberlain [2003] EAT 0404_03_1911 19 Nov 2003 EAT Employment [ Bailii ] Â J Walter Thompson Group Ltd v Williams [2003] UKEAT 0299_03_1911 19 Nov 2003 EAT Employment [ Bailii ] Â Nicholson and others v Long Products Ltd [2003] UKEAT 0166_02_1911 19 Nov 2003 EAT Employment [ Bailii ] Â Carter v Hi-Way Express [2003] EAT 0813_01_1911; [2003] UKEAT 0813_01_1911 19 Nov 2003 EAT Employment [ Bailii ] - [ Bailii ] Â Smith v Fruit of the Loom (Unfair Dismissal) [2003] NIIT 57 19 Nov 2003 NIIT Northern Ireland, Employment [ Bailii ] Â D L Beevor v Humberside Fire Brigade UKEAT/630/03 19 Nov 2003 EAT His Hon Judge Richardson Employment EAT Unfair Dismissal - Exclusions including worker/jurisdiction. [ EATn ] Â Ebuzoeme v Anyanwu and others [2003] EAT 0279_03_2011 20 Nov 2003 EAT Serota QC J Employment, Discrimination The Applicants had claimed against the Union that they were discriminated against on the grounds of race and had suffered victimisation and that the Union was in breach of contract. All of these claims were dismissed. The Applicants claimed that the University had knowingly aided acts of discrimination and victimisation by the Union; these complaints were dismissed. [ Bailii ] Â Kraus v Penna Plc and Another [2003] EAT 0360_03_2011; [2003] UKEAT 0360_03_2011; [2004] IRLR 260 20 Nov 2003 EAT Employment The claimant said that his dismissal was automatically unfair on the basis that he had made a qualifying disclosure. Held: "the worker's reasonable belief in s.43B(1) relates to the information which he is disclosing and not to the existence of a legal obligation which does not actually exist. In other words if the employers are under no legal obligation, as a matter of law, a worker cannot claim the protection of this legislation by claiming that he reasonably believed that they were. His belief and the reasonableness of it in our view relates to the factual information in his possession, namely what he perceives to be the facts and the basis on which he considers it reasonable to rely upon them. This can only properly be tested against the background of the legal obligation, 'to which [the employer or other person] is subject'. If there is no obligation to which they actually are subject the worker's suggestion that he reasonably believed they were cannot render the disclosure a protected one within sections 43A and B. The tribunal's failure to refer expressly to 'reasonable belief' on the facts of this case therefore does not in our view constitute an error of law. It simply did not arise for consideration in this case." Employment Rights Act 1996 47B 1 Citers [ Bailii ] - [ Bailii ] Â Ministry of Defence Police v S A Armstrong UKEAT/551/03; [2004] UKEAT 0551_03_2101 20 Nov 2003 EAT His Hon Judge Birtles Employment EAT Unfair Dismissal - Reason for dismissal [ Bailii ] Â Mack and Another v Allen and Another [2003] UKEAT 0672_03_2011 20 Nov 2003 EAT Employment [ Bailii ] Â Ministry of Defence Police v S A Armstrong UKEAT/551/03 20 Nov 2003 EAT His Hon Judge Birtles Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â McLoughlin v East Down Institute of Further and Higher Education [2003] NIIT 2040_02 20 Nov 2003 NIIT Northern Ireland, Employment [ Bailii ] Â Anyanwu v Ebuzoeme and others [2003] UKEAT 0279_03_2011 20 Nov 2003 EAT Serota QC J Employment [ Bailii ] Â Â Colen and Another v Cebrian (UK) Limited; CA 20-Nov-2003 - [2003] EWCA Civ 1676; Times, 27 November 2003; Gazette, 15 January 2004; [2004] ICR 568 Â Axiom Business Computers Ltd v Frederick [2003] ScotCS 288 20 Nov 2003 ScS Lord Bracadale Scotland, Employment Lord Bracadale re-iterated the principles used in assessing whether a proposed employment condition operated as an unlawful restraint on trade: "(i) A covenant in restraint of trade is void unless it is reasonable in the interests of the parties and in the public interest. (ii) Covenants between an employer and employee will be viewed more strictly by the Court than other forms of covenant where some consideration has passed. (iii) For a restraint to be reasonable it must afford no more than adequate protection. (iv) An employer is not entitled to seek protection against mere competition from a former employee. Trade secrets and old established customers may be legitimate objects of concern. (v) An employee may have acquired additional skills and knowledge through his employment but that belongs to him and cannot be protected by the employer. (vi) An employee has a duty of confidence, but once employment terminates the duty is restricted to not disclosing trade secrets and trade information. (vii) The proper approach is to ascertain what legitimate interest the employers are entitled to protect and then to see if restraint is required." 1 Cites [ Bailii ] - [ ScotC ] Â P Mack, C Waterman v M Allen, Light Sound Image Ltd UKEAT/672/03/MAA & EAT/673/03/ 20 Nov 2003 EAT His Hon Judge Clark Employment EAT Unfair Dismissal - Compensation. [ EATn ] Â Learning and Skills Council v Barfoot and others [2003] UKEAT 0621_03_2011 20 Nov 2003 EAT Employment [ Bailii ] Â Learning and Skills Council v Barfoot and others [2003] EAT 0621_03_2011 20 Nov 2003 EAT Employment [ Bailii ] Â P Mack C Waterman v M Allen Light Sound Image Ltd UKEAT/672/03/MAA & EAT/673/03/ 20 Nov 2003 EAT His Hon Judge Clark Employment EAT Unfair Dismissal - Compensation Â Abler and others (Judgment) C-340/01; [2003] EUECJ C-340/01 20 Nov 2003 ECJ European, Employment ECJ Social policy - Approximation of laws - Transfers of undertakings - Safeguarding of workers' rights - Directive 77/187/EEC - Scope - Definition of transfer Directive 77/187/EEC [ Bailii ] Â Mack and Another v Allen and Another [2003] EAT 0672_03_2011 20 Nov 2003 EAT Employment [ Bailii ] Â David Beaumont v Amicus Msf UKEAT/122/03 21 Nov 2003 EAT His Hon Judge Birtles Employment EAT Trade Union Membership - (no sub-topic). [ EATn ] Â David Beaumont v Amicus Msf UKEAT/122/03 21 Nov 2003 EAT His Hon Judge Birtles Employment EAT Trade Union Membership Â A M Holdcroft and others v South Derbyshire District Council UKEAT/758/03 21 Nov 2003 EAT His Hon Judge Mcmullen Qc Employment EAT National Minimum Wage - (no sub-topic). [ EAT ] Â Siemens Communications Limited v M G Cooke and others UKEAT/193/03; [2003] UKEAT 0193_03_2111 21 Nov 2003 EAT The Honourable Mr Justice Rimer Employment EAT Contract of Employment - Definition of employee [ Bailii ] Â Holdcroft and others v South Derbyshire District Council [2003] UKEAT 0758_03_2111 21 Nov 2003 EAT Employment [ Bailii ] Â A M Holdcroft and others v South Derbyshire District Council UKEAT/758/03 21 Nov 2003 EAT His Hon Judge Mcmullen QC Employment EAT National Minimum Wage Â Siemens Communications Limited v M G Cooke and others UKEAT/193/03 21 Nov 2003 EAT The Honourable Mr Justice Rimer Employment EAT Contract of Employment - Definition of employee. [ EATn ] Â Smyth-Britt v Chubb Security Personnel [2003] UKEAT 0620_03_2111 21 Nov 2003 EAT Richardson J Employment Appeal from dismissal of claim under section 146 Trade Union and Labour Relations (Consolidation) Act 1992 146 [ Bailii ] Â Â Commerzbank Ag v Price-Jones; CA 21-Nov-2003 - Times, 26 November 2003; [2003] EWCA Civ 1663 Â Sineadlucey v the Governors of Holy Cross Catholic School UKEAT/682/03 24 Nov 2003 EAT His Hon Judge Richardson Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â F J Smyth- Britt v Chubb Security Personnel UKEAT/620/03 24 Nov 2003 EAT His Hon Judge Richardson Employment EAT Trade Union Rights - Action short of dismissal Â Kerry A Wright v Lawrie's Travel Agency EATS/0035/03 24 Nov 2003 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Constructive dismissal Â Jones v HSBC Bank Plc [2003] UKEAT 0205_03_2411 24 Nov 2003 EAT Employment [ Bailii ] Â F J Smyth- Britt v Chubb Security Personnel UKEAT/620/03 24 Nov 2003 EAT His Hon Judge Richardson Employment EAT Trade Union Rights - Action short of dismissal. [ EATn ] Â Wright v Lawrie'S Travel Agency [2003] UKEAT 0035_03_2411 24 Nov 2003 EAT Employment [ Bailii ] Â Mckee v Mckee [2003] NIIT 2469_02 24 Nov 2003 NIIT Northern Ireland, Employment [ Bailii ] Â Ms Kerry A Wright v Lawrie's Travel Agency EATS/0035/03 24 Nov 2003 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Constructive dismissal. [ EATn ] Â Lane Group Plc, North Somerset Council v Farmiloe [2004] UKEAT 0352_03_2201; UKEAT/352/03; UKEAT/357/03 24 Nov 2003 EAT His Hon Judge Clark Discrimination, Employment EAT Disability Discrimination - Reasonable adjustments EAT Disability Discrimination - Reasonable adjustments. [ Bailii ] - [ EATn ] Â Sineadlucey v the Governors of Holy Cross Catholic School UKEAT/682/03 24 Nov 2003 EAT His Hon Judge Richardson Employment EAT Unfair Dismissal - Procedural fairness Â Dallas v Forbes (T/A Ballyfatten Pigs) [2003] NIIT 2942_01 25 Nov 2003 NIIT Northern Ireland, Employment [ Bailii ] Â Wylie v Reliance Security (Preliminary Hearing) [2003] NIIT 59 25 Nov 2003 NIIT Northern Ireland, Employment [ Bailii ] Â Vaidyanathan v Milton Keynes Council UKEAT/670/03; [2003] UKEAT 0670_03_1812 25 Nov 2003 EAT His Hon Judge Ansell Employment EAT Practice and Procedure - Appearance 1 Cites [ Bailii ] - [ EATn ] Â Laneres v Marks and Spencer Plc [2003] UKEAT 0033_03_2511 25 Nov 2003 EAT Employment [ Bailii ] Â V v Addey and Stanhope School and others UKEAT/565/03/RN; [2003] EAT 0565_03_2511; [2003] UKEAT 0565_03_2511 25 Nov 2003 EAT The Honourable Mr Justice Burton (P) Employment, Discrimination EAT Race Discrimination - Detriment 1 Cites 1 Citers [ Bailii ] - [ Bailii ] - [ EAT ] Â Ms Lorraine Laneres v Marks and Spencer Plc EATS/0033/03 25 Nov 2003 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Constructive dismissal. [ EATn ] Â Swift v Chief Constable of Wiltshire Constabulary UKEAT/484/03; [2004] IRLR 540; [2004] UKEAT 0484_03_1802; [2004] ICR 909 25 Nov 2003 EAT His Hon Judge Richardson Discrimination, Employment The EAT upheld the decision of an Employment Tribunal that the claimant had not shown that her disability was likely to recur. However: "In considering whether during a particular period in the past, a substantial adverse effect was likely to recur a tribunal is of course entitled to look at the evidence of what occurred during that period. In particular, if it is said that an effect was likely to recur because certain circumstances would be likely to trigger it, a tribunal is entitled to consider whether those circumstances occurred during the period and whether the substantial adverse effect did recur. Such evidence is not necessarily conclusive. It is for the tribunal to assess". Disability Discrimination Act 1995 1 Citers [ EAT ] - [ Bailii ] Â Wylie v Reliance Security [2003] NIIT 2277_03 25 Nov 2003 NIIT Northern Ireland, Employment [ Bailii ] Â Blackburn v Maconde (UK) Ltd [2003] EAT 0722_02_2511 25 Nov 2003 EAT Employment [ Bailii ] Â Financial Times Ltd v Bishop [2003] UKEAT 0147_03_2511 25 Nov 2003 EAT His Honour Judge Burke QC Employment The Tribunal considered the applicability of the 1996 Act to those employed abroad after the repeal of s196: "In our view the repeal of section 196 (2) cannot be taken to have had the effect that employees who had or whose employment had a substantial connection with Great Britain should not be entitled to the rights conferred by the ERA and the ability to assert those rights against their employer in the Employment Tribunal. While the Court of Appeal in Paramount did not limit the relevant jurisdiction by a sufficient or a substantial connection test, it achieved that result by treating the presumption as rebutted but the operation of the broad jurisdiction thus arising as limited by a sufficient connection test upon the basis of which the courts would exercise its discretion. In our judgment, it being accepted that the presumption does not apply in full to the applicability of the rights provided by the ERA but that those rights are not to be regarded as provided to the whole world without restriction, the correct analysis in the present case, as the Employment Appeal Tribunal decided in Jackson, is that the presumption is rebutted but that there is an implied restriction of the applicability of the rights provided by the ERA to cases in which there is a sufficient or substantial connection with the United Kingdom and that there is to be found the limit for which the parties and we have been seeking 73. Such a test would involve consideration of all factors surrounding the employment, including the place of employment, the residence of the employer and the employee, and matters of that kind – but not the proper law of a contract (section 204 of the ERA). It will be for Tribunals in individual cases to consider the facts as a whole and weigh them so as to decide whether there was or was not the requisite connection with the United Kingdom." Employment Rights Act 1996 196 1 Citers [ Bailii ] Â Ian Roderick Holladay v East Kent Hospitals NHS Trust [2003] EWCA Civ 1696 25 Nov 2003 CA Lord Justice Ward Lord Justice Scott Baker Lord Justice Thomas Employment, Torts - Other [ Bailii ] Â Blackburn v Maconde (Uk) Ltd [2003] UKEAT 0722_02_2511 25 Nov 2003 EAT Employment [ Bailii ] Â Lorraine Laneres v Marks and Spencer Plc EATS/0033/03 25 Nov 2003 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Constructive dismissal Â Neely v Abbey National Plc EATS/0045/03; [2003] UKEAT 0045_03_2611 26 Nov 2003 EAT The Honourable Lord Johnston Employment, Scotland EAT Practice and Procedure - Preliminary issues [ Bailii ] - [ EATn ] Â S M Copsey v WWB Devon Clays Ltd UKEAT/438/03; [2004] UKEAT 0438_03_1302 26 Nov 2003 EAT The Honourable Mr Justice Rimer Discrimination, Employment EAT Disability Discrimination - Disability 1 Citers [ Bailii ] - [ EATn ] Â Rickersey v W and J Linney Ltd [2003] EAT 925_02_2611 26 Nov 2003 EAT Employment [ Bailii ] Â Tameside Welfare Rights Unit v Martin [2003] EAT 946_02_2611 26 Nov 2003 EAT Employment [ Bailii ] Â Plank v Gner Ltd EATS/007/03; [2003] UKEAT 0072_03_2611 26 Nov 2003 EAT The Honourable Lord Johnston Employment, Scotland EAT Practice and Procedure - Review [ Bailii ] - [ EAT ] Â Rickersey v W and J Linney Ltd [2003] UKEAT 925_02_2611 26 Nov 2003 EAT Employment [ Bailii ] Â Tameside Welfare Rights Unit v Martin [2003] UKEAT 946_02_2611 26 Nov 2003 EAT Employment [ Bailii ] Â Â Livesey v Parker Merchanting Ltd; EAT 26-Nov-2003 - [2004] UKEAT 0755_03_1301; UKEAT/755/03 Â Magee v Mcguiness (T/A the Windscreen Centre) [2003] NIIT 613_03 26 Nov 2003 NIIT Northern Ireland, Employment [ Bailii ] Â Rankin v Police Service of Northern Ireland [2003] NIIT 3647_01 27 Nov 2003 NIIT Northern Ireland, Employment [ Bailii ] Â Inchcape UK Ltd v Michael Robert Large UKEAT/500/03 27 Nov 2003 EAT His Hon Judge Richardson Employment EAT Unfair Dismissal - Constructive dismissal. [ EATn ] Â Hill v HM Prison Service Agency [2003] UKEAT 0540_03_2711 27 Nov 2003 EAT Employment [ Bailii ] Â CX Access Systems Ltd v Hampton [2003] UKEAT 0307_03_2711 27 Nov 2003 EAT Employment [ Bailii ] Â Hill v HM Prison Service Agency [2003] EAT 0540_03_2711 27 Nov 2003 EAT Employment [ Bailii ] Â Inchcape Retail Ltd v Large UKEAT/500/03; [2003] UKEAT 0500_03_2711 27 Nov 2003 EAT His Hon Judge Richardson Employment EAT Unfair Dismissal - Constructive dismissal [ Bailii ] Â Fiona Mcchrystal and others v Wimpey Homes Holdings Ltd and others EATS/0046/03 27 Nov 2003 EAT The Honourable Lord Johnston Employment EAT Transfer of Undertakings - Acquired rights directive Â Mcchrystal and others v Wimpey Homes Holdings Ltd [2003] UKEAT 0046_03_2711 27 Nov 2003 EAT Employment [ Bailii ] Â Royal Mail Group Plc v Smith UKEAT/715/03 27 Nov 2003 EAT His Hon Judge Ansell Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â Ms Fiona Mcchrystal and others v Wimpey Homes Holdings Ltd and others EATS/0046/03 27 Nov 2003 EAT The Honourable Lord Johnston Employment EAT Transfer of Undertakings - Acquired rights directive. [ EATn ] Â Royal Mail Group Plc v Smith [2003] UKEAT 0715_03_2711 27 Nov 2003 EAT Employment [ Bailii ] Â M D Weir v Consult Marine Ltd UKEAT/623/03 27 Nov 2003 EAT The Honourable Mr Justice Rimer Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â Weir v Consult Marine Ltd UKEAT/623/03; [2004] UKEAT 0623_03_1802 27 Nov 2003 EAT The Honourable Mr Justice Rimer Employment EAT Unfair Dismissal - Reason for dismissal [ Bailii ] Â Royal Mail Group Plc v H S Smith UKEAT/715/03 27 Nov 2003 EAT His Hon Judge Ansell Employment EAT Unfair Dismissal - Reason for dismissal Â Department for Work and Pensions v Thompson [2003] UKEAT 0254_03_2711 27 Nov 2003 EAT Employment [ Bailii ] Â Murphy v Nursing Caring Direct Ltd (Constructive Dismissal) [2003] NIIT 44 28 Nov 2003 NIIT Northern Ireland, Employment [ Bailii ] Â Abbey Business Centres Ltd v Norman D Howison EATS/0042/03 28 Nov 2003 EAT The Honourable Lord Johnston Employment EAT Unlawful Deduction from Wages Â Arriva Retailing Plc T/A Arriva Vauxhall Leamington Spa v J Heath UKEAT/493/03 28 Nov 2003 EAT His Hon Judge Richardson Employment EAT Unfair Dismissal - Constructive dismissal Â Abbey Business Centres Ltd v Norman D Howison [2003] UKEAT 0042_03_2811 28 Nov 2003 EAT Employment [ Bailii ] Â Amica v Rhone-Poulenc Chemicals Ltd [2003] EWCA Civ 1798 28 Nov 2003 CA Pill LJ Employment 1 Cites 1 Citers [ Bailii ] Â Abbey Business Centres Ltd v Norman D Howison EATS/0042/03 28 Nov 2003 EAT The Honourable Lord Johnston Employment EAT Unlawful Deduction from Wages - (no sub-topic). [ EATn ] Â Whelan v Moore [2003] UKEAT 1459_01_2911 29 Nov 2003 EAT Employment [ Bailii ] Â London Fire and Emergency Planning Authority v W Byrne UKEAT/548/03; [2003] UKEAT 0548_03_0112 1 Dec 2003 EAT The Honourable Mr Justice Burton (P) Discrimination, Employment EAT Race Discrimination - Victimisation [ Bailii ] Â The Royal Bank of Scotland v SJ Goudie UKEAT/693/03; UKEAT/0693/03 1 Dec 2003 EAT His Hon Judge Ansell Employment EAT Unfair Dismissal - Reason for dismissal EAT Unfair Dismissal - Contributory fault. [ EATn ] - [ EATn ] Â Madden v Preferred Technical Group- Cha Ltd M Guest UKEAT/668/03; [2003] UKEAT 0668_03_0112 1 Dec 2003 EAT His Hon Judge Mcmullen QC Discrimination, Employment, Discrimination EAT Race Discrimination - Victimisation 1 Cites 1 Citers [ Bailii ] - [ EATn ] Â Gilpin v Quinn (T/A Twq Contracts) (Breach of Contract) [2003] NIIT 60 2 Dec 2003 NIIT Northern Ireland, Employment [ Bailii ] Â 1 Pump Court Chambers v Horton UKEAT/775/03; Times, 14 April 2004; [2003] UKEAT 0775_03_0212 2 Dec 2003 EAT The Honourable Mr Justice Burton (P) Discrimination, Legal Professions, Employment The chambers appealed a finding of discrimination, saying that a pupil was not a member of the set so as to qualify under the Act. Held: The barristers set or chambers was a trade organisation, but the position of a pupil barrister was not that of a member of that chambers so as to attract protection within the Act. EAT Disability Discrimination - Disability. Disability Discrimination Act 1995 13(4) 1 Cites 1 Citers [ Bailii ] - [ EAT ] Â Harada Limited (T/A Chequepoint) v Turner [2003] EWCA Civ 1695 2 Dec 2003 CA Lord Justice Mance, Lord Justice Mummerym Lord Justice Simon Brown Employment, Jurisdiction Applications for leave to appeal. The claimant had alleged unfair dismissal. The respondent denied jurisdiction. Employment Rights Act 1996 196(2) 1 Cites 1 Citers [ Bailii ] Â Greater London Authority v Leach [2003] UKEAT 0363_03_0312 3 Dec 2003 EAT Employment [ Bailii ] Â Spencer v HM Prison Service Agency [2004] UKEAT 0812_02_0403; UKEAT/812/02 3 Dec 2003 EAT The Honourable Mr Justice Rimer Employment EAT Practice and Procedure - Preliminary issues 1 Cites [ Bailii ] - [ EAT ] Â Ross v Precision Industrial Services Ltd and Another (Preliminary Hearing) [2003] NIIT 61 4 Dec 2003 NIIT Northern Ireland, Employment [ Bailii ] Â Austin v Tuama and others [2003] NIIT 1510_02 4 Dec 2003 NIIT Northern Ireland, Employment [ Bailii ] Â Smyth v Senior Personnel Manager/Head of Employee Relations Hr Dept PSNI [2003] NIIT 62 5 Dec 2003 NIIT Employment [ Bailii ] Â Mayne v Devenish Nutrition (Unfair Dismissal) [2003] NIIT 51 5 Dec 2003 NIIT Northern Ireland, Employment [ Bailii ] Â Mayne v Devenish Nutrition [2003] NIIT 2447_02 5 Dec 2003 NIIT Northern Ireland, Employment [ Bailii ] Â Smyth v Senior Personnel Manager (Hr Dept, Psni) [2003] NIIT 2017_02 5 Dec 2003 NIIT Northern Ireland, Employment [ Bailii ] Â Mayo-Deman v Lewisham College [2003] UKEAT 0104_02_0812; UKEAT/104/02/SM 8 Dec 2003 EAT His Hon Judge Birtles QC Employment EAT Race Discrimination - Direct 1 Cites [ Bailii ] - [ EAT ] Â Mark Alderson and others v Secretary of State for Trade and Industry [2003] EWCA Civ 1767; Times, 12 December 2003; Gazette, 22 January 2004 8 Dec 2003 CA Lady Justice Arden Lord Philips Of Worth Matravers, Mr Lord Justice Dyson Employment, European The claimant had been employed in a government department, the work of which was transferred to a private company. He sought to claim compensation for the adverse changes in his contract. Held: At the time, the Regulations gave protection only to employees of commercial enterprises. This did not properly implement the directive, and accordingly the claimant had been deprived of his private right to claim. There remained the right to claim directly from the respondent. Council Directive 77/187/EEC (OJ 1977 L61/26) 1 Cites [ Bailii ] Â Susan Archibald v Fife Council [2003] ScotCS 308; Times, 23 January 2004 9 Dec 2003 IHCS Lord Hamilton And Lord Macfadyen And Lord Mccluskey Scotland, Employment, Discrimination The applicant was a roadsweeper. She complained of disability discrimination, when after becoming unable to walk, her employer after considering her for other posts dismissed her for incapacity. Held: The ability to walk was a part of the irreducible minimum capacity required of the job. The Code of Practice could not be used as an aid to interpreting the statute. It offered practical guidance only, and itself acknowledged that the primary onus of interprtation fell on courts and tribunals. The offer of entirely different work was not a requirement of the statute. Employment Tribunal Act 1996 37 - Disability Discrimination Act 1996 6 1 Cites 1 Citers [ Bailii ] - [ ScotC ] Â Burton v Stuart Penrose Professional Building and Roofing Services [2003] NIIT 578_03 9 Dec 2003 NIIT Northern Ireland, Employment [ Bailii ] Â Huenestein v Fern Computer Services Ltd [2003] NIIT 1266_03 9 Dec 2003 NIIT Northern Ireland, Employment [ Bailii ] Â Burton and Another v Stuart Penrose Professional Building and Roofing Supplies& Others [2003] NIIT 63 9 Dec 2003 NIIT Northern Ireland, Employment (Redundancy Pay/Notice Pay) [ Bailii ] Â Grant v Kent County Council [2003] EWCA Civ 1917 9 Dec 2003 CA Employment 1 Cites 1 Citers [ Bailii ] Â Jonathan Bailey Associates (Uk) Ltd v N Shapland UKEAT/957/03 & UKEAT/958/03 10 Dec 2003 EAT His Hon Judge Mcmullen Qc Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â D Wall v the British Compressed Air Society [2003] EWCA Civ 1762; Times, 09 December 2003; Gazette, 05 February 2004 10 Dec 2003 CA The Hon Mr Justice Evans-Lombe Lord Justice Scott Baker Lord Justice Simon Brown Employment The applicant was employed as director-general, with his contract stating that his retirement age would be 70. Nobody else had a similar occupation within the organisation, and he said this therefore constituted his 'normal age' for retirement, entitling hiim to claim unfair dismissal. Held: The fact that only one employee was in the applicant's class, did not mean that there could not be a normal retirement age: "in cases where an employee has a contractual retiring age, there is no need for comparisons to be made with other employees holding the same position before a normal retiring age can be established" Employment Rights Act 1996 109(1)(a) 1 Cites 1 Citers [ Bailii ] Â Department for Environment Food and Rural Affairs v Robertson and others [2003] UKEAT 0273_03_1012 10 Dec 2003 EAT Employment [ Bailii ] Â Coleman v Icon Public Relations and Design and Another (Unfair Dismissal/Notice Pay) [2003] NIIT 64 10 Dec 2003 NIIT Northern Ireland, Employment [ Bailii ] Â Woodfine v British Telecommunications Plc [2003] UKEAT 0764_02_1012 10 Dec 2003 EAT Employment [ Bailii ] Â Jonathan Bailey Associates (Uk) Ltd v N Shapland UKEAT/957/03 & UKEAT/958/03 10 Dec 2003 EAT His Hon Judge Mcmullen QC Employment EAT Unfair Dismissal - Reason for dismissal Â Jonathan Bailey Associates (Uk) Ltd v Shapland [2003] UKEAT 0957_03_1012 10 Dec 2003 EAT Employment [ Bailii ] Â Photocorporation (Uk) Ltd v Truelove 0080/03 11 Dec 2003 EAT His Honour Judge J Mcmullen Qc Employment EAT Unfair Dismissal - Procedural fairness/automatically unfair dismissal. 1 Cites 1 Citers [ EAT ] Â Countrywide Assured Financial Services Ltd v K F Treanor UKEAT/557/03 11 Dec 2003 EAT His Hon Judge Prophet Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â Gmb v R Stoke UKEAT/769/03 11 Dec 2003 EAT The Honourable Mr Justice Rimer Employment EAT Certification Officer - (no sub-topic). [ EATn ] Â Gmb v R Stoke UKEAT/769/03 11 Dec 2003 EAT The Honourable Mr Justice Rimer Employment EAT Certification Officer Â Countrywide Assured Financial Services Ltd v Treanor [2003] UKEAT 0557_03_1112 11 Dec 2003 EAT Employment [ Bailii ] Â Young v Nortel Networks [2003] NIIT 2962_01 11 Dec 2003 NIIT Northern Ireland, Employment [ Bailii ] Â Â Young v Nortel Networks (Review of Decision); NIIT 11-Dec-2003 - [2003] NIIT 65 Â Forshaw v M A Forshaw UKEAT/462/03; [2003] UKEAT 0462_03_1112 11 Dec 2003 EAT His Hon Judge Clark Employment EAT Unfair Dismissal - Compensation [ Bailii ] Â Virgo Fidelis Senior School v Kevin Boyle UKEAT/644/03; [2004] UKEAT 0644_03_2301 11 Dec 2003 EAT His Hon Judge Ansell Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason 1 Citers [ Bailii ] - [ EAT ] Â Countrywide Assured Financial Services Ltd v K F Treanor UKEAT/557/03 11 Dec 2003 EAT His Hon Judge Prophet Employment EAT Unfair Dismissal - Reasonableness of dismissal Â L M Cohen v IPG (Europe) UK UKEAT/0776/03 12 Dec 2003 EAT His Hon Judge Pugsley Employment EAT Unlawful Deduction from Wages 1 Cites 1 Citers Â LC Services Ltd and others v Brown and others [2003] EWHC 3024 (QB) 12 Dec 2003 QBD Employment, Company [ Bailii ] Â London Borough of Haringey v S Pirooze UKEAT/823/03 12 Dec 2003 EAT His Hon Judge Ansell Employment EAT Unfair Dismissal - Reason for dismissal Â Haringey v Pirooze [2003] UKEAT 0823_03_1212 12 Dec 2003 EAT Employment [ Bailii ] Â L M Cohen v Ipg (Europe) UK UKEAT/0776/03 12 Dec 2003 EAT His Hon Judge Pugsley Employment EAT Unlawful Deduction from Wages - (no sub-topic). [ EATn ] Â London Borough of Haringey v S Pirooze UKEAT/823/03 12 Dec 2003 EAT His Hon Judge Ansell Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â Stansby v Datapulse plc and Another 15 Dec 2003 CA Pteer Gibson LJ, Latham LJ, Sir Peter Nourse Human Rights, Employment In the course of a hearing in the Employment Tribunal, it appeared to one party that a member of the tribunal was drunk and fell asleep. Held: Two questions arose. First whether that tribunal should deal with a complaint about a member of the tribunal, and second whether if impropriety of this sort was established whether a decision could nevertheless stand. The EAT had jurisdiction to hear the complaint even if it had not been so raised, though it was usually desirable that the complaint should be made to the employment tribunal. The EAT might well assume the role of deciders of issues of fact in this respect. A member failing to give his full attention might well give rise to unfairness. That the decision was reserved and then unanimous did not cure this. 1 Cites Â Palmer v Belfast Institute of Further and Higher Education (Preliminary Hearing) [2003] NIIT 66 15 Dec 2003 NIIT Northern Ireland, Employment [ Bailii ] Â Broadland Guarding Services Ltd v Walker [2003] UKEAT 0872_03_1512 15 Dec 2003 EAT Employment [ Bailii ] Â Broadland Guarding Services Ltd v G W Walker UKEAT/872/03 15 Dec 2003 EAT His Hon Judge Mcmullen Qc Employment EAT Transfer of Undertakings - Consultation and other information. [ EATn ] Â Palmer v Belfast Institute of Further and Higher Education [2003] NIIT 1852_02 15 Dec 2003 NIIT Northern Ireland, Employment [ Bailii ] Â Broadlandb Guarding Services Ltd v G W Walker UKEAT/872/03 15 Dec 2003 EAT His Hon Judge Mcmullen QC Employment EAT Transfer of Undertakings - Consultation and other information Â Stansbury v Datapulse Plc and Another [2003] EWCA Civ 1951 15 Dec 2003 CA Employment 1 Cites [ Bailii ] Â Kelly v Hughes Christensen (Unfair Dismissal) [2003] NIIT 58 16 Dec 2003 NIIT Northern Ireland, Employment [ Bailii ] Â Gamble v Duffy (Unfair Dismissal) [2003] NIIT 67 16 Dec 2003 NIIT Northern Ireland, Employment [ Bailii ] Â Loughran v Moy Park Ltd (Unfair Dismissal) [2003] NIIT 68 16 Dec 2003 NIIT Northern Ireland, Employment [ Bailii ] Â I Sen v London Borough of Hackney and others UKEAT/591/03 16 Dec 2003 EAT The Honourable Mr Justice Rimer Employment EAT Practice and Procedure - Striking-out Â London Borough of Lewisham v Sharon James UKEAT/581/03 & UKEAT/582/03 16 Dec 2003 EAT The Honourable Mr Justice Burton (P) Employment EAT Unfair Dismissal - Polkey deduction Â Spelman v Scotrail Railways Ltd [2003] UKEAT 0047_03_1612 16 Dec 2003 EAT Employment [ Bailii ] Â Lewisham v James [2003] UKEAT 0581_03_1612 16 Dec 2003 EAT Employment [ Bailii ] Â London Borough of Lewisham v Ms Sharon James UKEAT/581/03 & UKEAT/582/03 16 Dec 2003 EAT The Honourable Mr Justice Burton (P) Employment EAT Unfair Dismissal - Polkey deduction. [ EATn ] Â Hm Prison Service v C Bewley UKEAT/455/03 & UKEAT/595/03 16 Dec 2003 EAT His Hon Judge Clark Employment EAT Working Time Regulations - (no sub-topic). [ EATn ] Â I Sen v London Borough of Hackney and others UKEAT/591/03 16 Dec 2003 EAT The Honourable Mr Justice Rimer Employment EAT Practice and Procedure - Striking-out/dismissal. [ EATn ] Â Richard Spelman v Scotrail Railways Ltd EATS/0047/03 16 Dec 2003 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Exclusions including worker/jurisdiction. [ EATn ] Â Brayshaw v Lambeth Community of Refugees From Vietnam [2003] UKEAT 0713_03_1612 16 Dec 2003 EAT Employment [ Bailii ] Â HM Prison Service v C Bewley UKEAT/455/03 & UKEAT/595/03 16 Dec 2003 EAT His Hon Judge Clark Employment EAT Working Time Regulations Â Richard Spelman v Scotrail Railways Ltd EATS/0047/03 16 Dec 2003 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Exclusions including worker Â Loughran v Moy Park Ltd [2003] NIIT 1298_03 16 Dec 2003 NIIT Northern Ireland, Employment [ Bailii ] Â Matheson v Mazars Solutions Ltd EATS/0048/03; [2003] UKEAT 0048_03_1612 16 Dec 2003 EAT The Honourable Lord Johnston Employment, Human Rights EAT Practice and Procedure - Application. The application had been presented timeously at the ET in Edinburgh, but was out of time when retransmitted to Glasgow. The tribunal had found the Edinburgh office to be an area office, and not a regional office and therefore the application was not accepted within the Regulations. The appellant argued that the Rules were unclear since Scotland had only one Region. He also argued that the interpretation infringed his Article 6 rights. Held: The appeal failed. The Tribunal came to a conclusion that correctly interpreted the legislation against the background of the admitted facts. And "The place where the application is to be made is not the manner in which it is to be made but is a mandatory, in our opinion, direction rather then merely a directory provision. On this simple basis we do not consider that the legislation is incompatible as we construe it with the Convention. If the issue of disproportionality does arise in this context we consider that the avoidance of administrative chaos that would result from applicants being able to pick which office of the Tribunal system in Scotland they were going to make their application is a legitimate aim which is not disproportionate to the interpretation that we have put upon the provision." Employment Tribunals (Constitution and Rules of Procedure) (Scotland) Regulations 2001 - European Convention on Human Rights 6 1 Cites [ Bailii ] - [ EAT ] Â Charles v Department of Environment Transport and Regions [2003] UKEAT 0454_03_1612 16 Dec 2003 EAT Employment [ Bailii ] Â Gamble v Duffy [2003] NIIT 920_03 16 Dec 2003 NIIT Northern Ireland, Employment [ Bailii ] Â Kelly v Christensen [2003] NIIT 1851_02 16 Dec 2003 NIIT Northern Ireland, Employment [ Bailii ] Â Everest Ltd v John Dillon EATS/0052/03; [2003] UKEAT 0052_03_1712 17 Dec 2003 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Exclusions including worker 1 Cites 1 Citers [ Bailii ] Â The Senate of Surgery and others v Chaudhary and others UKEAT/919/03; [2003] UKEAT 0919_03_1712 17 Dec 2003 EAT His Hon Judge Clark Employment, Health Professions, Discrimination EAT Practice and Procedure - Amendment [ Bailii ] - [ EATn ] Â London Underground Ltd v Strouthos [2003] EWCA Civ 1959 17 Dec 2003 CA Scott Baker LJ Employment Application for permission to appeal from EAT - granted [ Bailii ] Â Robert Fulton v Rmc Russell Plc EATS/0055/03 17 Dec 2003 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Exclusions including worker Â Wilson v Inland Revenue and others [2003] NIIT 3133_03 17 Dec 2003 NIIT Northern Ireland, Employment [ Bailii ] Â Robert Fulton v Rmc Russell Plc EATS/0055/03 17 Dec 2003 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Exclusions including worker/jurisdiction. [ EATn ] Â Everest Ltd v John Dillon EATS/0052/03 17 Dec 2003 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Exclusions including worker/jurisdiction. [ EATn ] Â Wilson v Inland Revenue and others (Preliminary Hearing) [2003] NIIT 69 17 Dec 2003 NIIT Northern Ireland, Employment [ Bailii ] Â Fulton v RMC Russell Plc [2003] UKEAT 0055_03_1712 17 Dec 2003 EAT Employment [ Bailii ] Â Quantum Business Media v Hayes [2003] UKEAT 0593_03_1812 18 Dec 2003 EAT Employment [ Bailii ] Â Black v Taylor [2003] NIIT 386_03 18 Dec 2003 NIIT Northern Ireland, Employment [ Bailii ] Â Â Black v Taylor; NIIT 18-Dec-2003 - [2003] NIIT 386_03 Â Watts and others v Witham [2003] UKEAT 0659_03_1812 18 Dec 2003 EAT McMulen QC J Employment [ Bailii ] Â Malik v Mchaffie [2003] UKEAT 0010_02_1812 18 Dec 2003 EAT Employment [ Bailii ] Â R Dillon v Ford Motor Company Ltd UKEAT/456/03; [2003] UKEAT 0456_03_1812 18 Dec 2003 EAT The Honourable Mr Justice Burton (P) Discrimination, Employment EAT Race Discrimination - Indirect [ Bailii ] Â Potter and others v RJ Temple Plc (in liquidation) UKEAT/478/03; [2003] UKEAT 0478_03_1812; Times, 11 February 2004; [2003] All ER (D) 327 (Dec) 18 Dec 2003 EAT Richardson J Employment The claimants faxed on the evening to the employers an acceptance of the employer's repudiation of their contracts. The claim was not presented to the tribunal until the same day of the month three months later. Held: The claim was out of time. The fax was accepted under the Act on the day it was received, and not on the following morning when it was first read. Employment Rights Act 1996 97 1 Citers [ Bailii ] - [ EATn ] Â S Watts and the Representatives of the Ten Gables Nursing Home v R J Witham UKEAT/659/03 18 Dec 2003 EAT His Hon Judge Mcmullen QC Employment EAT Unfair Dismissal - Reason for dismissal Â Weatherford UK Ltd v Aitken EATS/0049/03; [2003] UKEAT 0049_03_1812 18 Dec 2003 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Exclusions including worker/jurisdiction. [ Bailii ] - [ EAT ] Â S Watts and the Representatives of the Ten Gables Nursing Home v R J Witham UKEAT/659/03 18 Dec 2003 EAT His Hon Judge Mcmullen Qc Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â Varghai v Caffyns Plc [2003] UKEAT 0864_03_1912 19 Dec 2003 EAT Employment [ Bailii ] Â Mondesir v Lloyds TSB Bank Plc UKEAT/701/03 19 Dec 2003 EAT His Hon Judge Pugsley Employment EAT National Minimum Wage [ EATn ] Â M Larder, L Miles v Warwickshire County Council EAT/0128/02 19 Dec 2003 EAT His Honour Judge J Burke Qc Employment EAT Redundancy - Protective award. [ EATn ] Â Michael Henry Duncan v The Partners of A A Hutton EATS/0051/03; [2003] UKEAT 0051_03_1912 19 Dec 2003 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Exclusions including worker [ Bailii ] Â Michael Henry Duncan v the Partners of A A Hutton EATS/0051/03 19 Dec 2003 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Exclusions including worker/jurisdiction. [ EATn ] Â Emerging Markets Partnership (Europe) Ltd v Bachnak [2003] EWCA Civ 1876 19 Dec 2003 CA Lord Justice May, Lord Justice Mummery Lord Justice Pill Employment The claimant asserted unfair dismissal. The company denied that he was an employee. The company now appealed against the decision of the EAT to grant the claimant's appeal. The claimant had been an employee, but the arrangement had been varied so that it would allow him as a Slovak to live in the UK. In effect he worked through a one man company. Held: The employer's appeal failed. The decision of the original tribunal was poorly reasoned and could not stand. The combined effect of the documents must be ascertained by construing their provisions in the context of all the surrounding circumstances. In this case, "the absence of an express reference to the form or level of monetary payments to Mr Bachnak in the Terms and Conditions of Fixed Term Employment is not in itself fatal to the existence of a contract of service between EMPEL and Mr Bachnak: the evidence of the parties about the circumstances surrounding the transaction may identify the consideration for the work to be done by Mr Bachnak, either outside the express Terms and Conditions or possibly in some other form than payments of money made direct to Mr Bachnak personally." 1 Cites 1 Citers [ Bailii ] Â Rothwell v Committee for the Time Being of the Gorse Hill Working Men's Club [2003] UKEAT 1435_01_1912 19 Dec 2003 EAT Employment [ Bailii ] Â M Mofunanya v Richmond Fellowship A Hanley UKEAT/449/03; [2003] UKEAT 0449_03_1512 23 Dec 2003 EAT His Hon Judge Ansell Employment EAT Redundancy - Definition EAT Redundancy - Definition 1 Cites [ Bailii ] - [ EATn ] Â Â Anglia Home Improvement Ltd v Kelly; EAT 30-Dec-2003 - UKEAT/721/03; [2003] UKEAT 0721_03_3012 Â
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