

Links: Home \| swarblaw - law discussions		swarb.co.uk - law index These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases. Â
		Employment - From: 2004 To: 2004 This page lists 1210 cases, and was prepared on 02 April 2018. Â G A Croft and others v Cathay Pacific Airways Ltd Veta Ltd USA Basing Ltd (Dickie v Cathay Pacific Airways Ltd) UKEAT/0367/03; [2004] ICR 1733 2004 EAT His Honour Judge Clark Employment EAT Unfair Dismissal - Exclusions including worker 1 Citers Â Kaur v MG Rover Group Ltd [2004] IRLR 279 2004 QBD Allton J Employment 1 Citers Â Thomas Lawor v Lex Plc (T/A RAC Motoring Services) UKEAT/765/03 2004 EAT His Hon Judge D Serota Qc Employment EAT Unfair Dismissal - Reasonableness of dismissal. [ EAT ] Â N Stevens v Greater London Magistrates Courts Authority UKEAT/0269/04 2004 EAT His Honour Judge Mcmullen Qc Employment EAT Practice and Procedure - Case Management. [ EATn ] Â Her Majesty's Attorney General v v Bruce UKEAT/0586/05 2004 EAT The Honourable Mr Justice Langstaff Employment EAT Practice and Procedure - Restriction of proceedings order. [ EATn ] Â The Spirit Group Ltd v R Bell UKEAT/0044/05 2004 EAT His Honour Judge Mcmullen Employment EAT Unfair Dismissal - Constructive dismissal. 1 Citers [ EAT ] Â Ga Croft and others v Cathay Pacific Airways Ltd, Veta Ltd, USA Basing Ltd UKEAT/0367/03 2004 EAT His Honour Judge Clark Employment EAT Unfair Dismissal - Exclusions including worker/jurisdiction. [ EATn ] Â Â Brake Brothers Limited v Ungless; QBD 2004 - [2004] EWHC 2799 Â XXX v YYY [2004] IRLR 471; [2004] EWCA Civ 231 2004 CA Buxton LJ Litigation Practice, Employment Buxton LJ: "The first and most important rule of the law of evidence, though one that is not always perceived or observed, is that evidence is only admissible if it indeed is relevant to an issue between the parties." 1 Citers Â The Blackpool Fylde and Wyre Society for the Blind v Begg UKEAT/0035/05 2004 EAT His Honour Judge Mcmullen Qc Employment EAT Working Time Regulations - Holiday pay. [ EAT ] Â Sermet Ni Ltd v Construction Industry Training Board (Appeal) [2003] NIIT 49 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Powerhouse Retail Ltd and others v Burroughs and others [2005] ICR 222 2004 EAT Discrimination, Employment 1 Citers Â Perth and Kinross Council v Donaldson and Others [2004] ICR 667 2004 Lord Johnson Employment, Constitutional The court considered whether the TUPE regulations in going beyond what was required under the European Directive was invalid. Held: "If it is to be suggested that the 1981 Regulations have effectively allowed the Directive to operate in that context, we consider that it falls foul of the approach that we adopted in Addison v Denholm Ship Management (UK) Ltd [1997] ICR 770 to the effect that it is going beyond the scope of the Directive and would therefore in that respect be ultra vires. The issue requires to be addressed by primary legislation." 1 Cites 1 Citers Â Pallett v Pent Valley Foundation School UKEAT/820/03; [2004] UKEAT 0820_03_0501 5 Jan 2004 EAT His Hon Judge Mcmullen QC Employment EAT Equal Pay Act - Material factor defence 1 Cites 1 Citers [ Bailii ] Â Pallett v Pent Valley Foundation School UKEAT/820/03 5 Jan 2004 EAT His Hon Judge Mcmullen Qc Employment EAT Equal Pay Act - Material factor defence. [ EATn ] Â Royal Mail Group Plc (Formerly Consignia) v A E Tatum UKEAT/655/03 6 Jan 2004 EAT His Hon Judge Ansell Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â Royal Mail Group Plc (Formerly Consignia) v A E Tatum UKEAT/655/03 6 Jan 2004 EAT His Hon Judge Ansell Employment EAT Unfair Dismissal - Reason for dismissal Â Graham Mcewing v Somoa Limited UKEAT/813/03 7 Jan 2004 EAT His Hon Judge D Serota QC Employment EAT Unfair Dismissal - Illegality Â McEwing v Somoa Ltd [2004] UKEAT 0813_03_0701 7 Jan 2004 EAT Employment [ Bailii ] Â Graham Mcewing v Somoa Limited UKEAT/813/03 7 Jan 2004 EAT His Hon Judge D Serota Qc Employment EAT Unfair Dismissal - Illegality/Fraud. [ EATn ] Â P Pathak R Chaudhary v Secretary of State for Health and others the Specialist Training Authority Appeal Panel and others UKEAT/909/03; [2004] UKEAT 0036_03_0801; UKEAT/36/03 8 Jan 2004 EAT His Hon Judge Pugsley Discrimination, Employment EAT Race Discrimination - Indirect 1 Cites [ Bailii ] Â Chapel Green Community College (A Company Ltd By Gurantee v S Turner UKEAT/725/03 8 Jan 2004 EAT His Hon Judge Ansell Employment EAT Unfair Dismissal - Contributory fault. [ EATn ] Â Chapel Green Community College (A Company Ltd By Gurantee v S Turner UKEAT/725/03; [2004] UKEAT 0725_03_0801 8 Jan 2004 EAT His Hon Judge Ansell Employment EAT Unfair Dismissal - Contributory fault [ Bailii ] Â Thompson v Age Concern [2004] UKEAT 0728_03_0202; UKEAT/728/03 9 Jan 2004 EAT His Hon Judge Mcmullen QC Employment EAT Practice and Procedure - Bias, misconduct and procedural irregularity 1 Citers [ Bailii ] - [ EATn ] Â Mcmillan v John Henderson Food Distributors [2004] NIIT 3582_03 9 Jan 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Mcmaster v Mccoy (Statement of Pay/Wages ) [2004] NIIT 1 12 Jan 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Skillbase Services Ltd v Raymond John King and 2Ors, Falkirk Council EATS/0058/03 12 Jan 2004 EAT The Honourable Lord Johnston Employment EAT Transfer of Undertakings - Acquired rights directive. [ EATn ] Â McMaster v McCoy [2004] NIIT 316_03 12 Jan 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Skillbase Services Ltd v Raymond John King and 2 Others Falkirk Council EATS/0058/03 12 Jan 2004 EAT The Honourable Lord Johnston Employment EAT Transfer of Undertakings - Acquired rights directive Â Skillbase Services Ltd v King and Others [2004] UKEAT 0058_03_1201 12 Jan 2004 EAT Employment [ Bailii ] Â Canada Life Ltd v Gray and Another [2004] UKEAT 0657_03_1301 13 Jan 2004 EAT Peter Clark J Employment The employer appealed against a finding that it should pay former commission agents hioliday pay for the entire period since the coming into force of the Regulations. Employment Rights Act 1996 - Working Time Regulations 1998 [ Bailii ] Â D S Jones v Liberata Life Pensions Investment Ltd UKEAT/897/03 13 Jan 2004 EAT His Hon Judge Ansell Employment EAT Practice and Procedure - Appearance/Response. [ EATn ] Â D S Jones v Liberata Life Pensions Investment Ltd UKEAT/897/03; [2004] UKEAT 0897_03_0602 13 Jan 2004 EAT His Hon Judge Ansell Employment EAT Practice and Procedure - Appearance [ Bailii ] Â Â Allonby v Accrington and Rossendale College for Education and Employment; ECJ 13-Jan-2004 - C-256/01; [2004] EUECJ C-256/01; [2004] ECR I-00873; [2004] ICR 1328 Â Gesamtbetriebsrat der Kuhne and Nagel AG and Co KG v Kuhne and Nagel AG and Co KG C-440/00; [2004] EUECJ C-440/00 13 Jan 2004 ECJ European, Employment Europa Social policy - Articles 4 and 11 of Directive 94/45/EC - European Works Councils - Informing and consulting employees in Community-scale undertakings - Group of undertakings whose central management is not located in a Member State. [ Bailii ] Â Quartz Eclipse Ltd v Dunseith [2004] UKEAT 0467_03_1401 14 Jan 2004 EAT Employment [ Bailii ] Â Burns v Royal Mail Group Plc (No 2) (Formerly Consignia Plc, Humphrey UKEAT/873/02/(2); [2004] UKEAT 0873_02_1401; [2004] ICR 1103; [2004] IRLR 425 14 Jan 2004 EAT The Honourable Mr Justice Burton (P) Employment, Discrimination The hearing was an adjourned second hearing. The appeal on sex discrimination had been dismissed, and the balance of the claim for constructive unfair dismissal was adjourned. At that adjourned hearing the claimant now sought to re-open the claims already remitted. Held. The EAT adopted the practice in Emery Reimbold. The earlier remission of the case had not disposed of the appeal, but was for the purpose of doing so. Could it now therefore be appealed? The employment appeal tribunal, in a case where an employment tribunal is alleged to have failed in its judgment to deal with an issue at all, or to have given no reasons or no adequate reasons for a decision, may invite the employment tribunal to clarify, supplement or give its written reasons before proceeding to a final determination of the appeal. 1 Cites 1 Citers [ Bailii ] - [ EATn ] Â Quartz Eclipse Ltd v B R Dunseith UKEAT/467/03 14 Jan 2004 EAT His Hon Judge Wilkie Qc Employment EAT Unfair Dismissal - Contributory fault. [ EATn ] Â Quartz Eclipse Ltd v Dunseith [2004] UKEAT 0467_03_1401 14 Jan 2004 EAT Employment [ Bailii ] Â Quartz Eclipse Ltd v B R Dunseith UKEAT/467/03 14 Jan 2004 EAT His Hon Judge Wilkie QC Employment EAT Unfair Dismissal - Contributory fault Â Probe Research Inc v Dallal [2004] UKEAT 0480_03_1401 14 Jan 2004 EAT Employment [ Bailii ] Â Smylie v Franklin's International (Unfair Dismissal Barry ) [2004] NIIT 2 15 Jan 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Smylie v Franklin's International [2004] NIIT 630_03 15 Jan 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Martin v Lancehawk Limited T/A European Telecom Solutions UKEAT/0525/03; [2004] UKEAT 0525_03_2203 15 Jan 2004 EAT The Honourable Mr Justice Rimer Discrimination, Employment EAT Sex Discrimination - Indirect The (male) managing director of the respondent company had dismissed a (female) fellow employee when an affair which they had been having came to an end. She claimed that the dismissal was on the ground of her sex because "but for" her being a woman the affair would never have occurred. Held. Rimer J referred to the Tribunal's finding that the dismissal was "because of the breakdown of the relationship" and continued: "[T]he critical issue posed by section 1(1)(a) [is] whether Mr Lovering dismissed Mrs Martin "on the ground of her sex", an issue requiring a consideration of why he dismissed her. As we have said, we interpret the tribunal as having found that the dismissal was because of the breakdown of the relationship. That, therefore, was the reason for the dismissal, not because she was a woman. We accept that, but for her sex, there would have been no affair in the first place. It could, however, equally be said that there would have been no such affair "but for" the facts (for example) that she was her parents' daughter, or that she had taken up the employment with Lancehawk. But it did not appear to us to follow that reasons such as those could fairly be regarded as providing the reason for her dismissal." Sex Discrimination Act 1975 1 1 Citers [ Bailii ] - [ EATn ] Â The Maersk Company Ltd v Tom Shockner EAT/0059/03 16 Jan 2004 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Exclusions including worker Â Downey O'Hare and Another (Holiday Pay ) [2004] NIIT 3 16 Jan 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Downey v O'Hare and Another [2004] NIIT 1782_03 16 Jan 2004 NIIT Northern Ireland, Employment [ Bailii ] Â The Maersk Company Ltd v Tom Shockner EAT/0059/03 16 Jan 2004 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Exclusions including worker/jurisdiction. [ EATn ] Â Maguire v BAE Systems (Defence Systems) Ltd [2004] UKEAT 0605_03_1601 16 Jan 2004 EAT Employment [ Bailii ] Â British Nursing Co-Operations Ltd and Another v Peterson [2004] UKEAT 0930_02_1601 16 Jan 2004 EAT Employment [ Bailii ] Â V Fearon v Chief Constable of Derbyshire UKEAT/445/02; [2004] UKEAT 0445_02_1601 16 Jan 2004 EAT Employment, Discrimination EAT Race Discrimination - Victimisation 1 Cites [ Bailii ] - [ Bailii ] - [ EATn ] Â Moore-Delicorish v Ministry of Defence and Another [2004] NIIT 561_04 18 Jan 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Canada Life Ltd v P R Gray, D Farrar UKEAT/657/03 18 Jan 2004 EAT His Hon Judge Clark Employment EAT Working Time Regulations - Holiday pay. [ EATn ] Â Canada Life Ltd v P R Gray D Farrar UKEAT/657/03 18 Jan 2004 EAT His Hon Judge Clark Employment EAT Working Time Regulations - Holiday pay Â Firthglow Ltd T/A Protectacoat v S Descombes R Lamont UKEAT/916/03; [2004] UKEAT 0916_03_1901 19 Jan 2004 EAT The Honourable Mr Justice Rimer Employment EAT Contract of Employment - Definition of employee [ Bailii ] - [ EATn ] Â Matthew Thompson v Install International Limited [2004] NIIT 7 19 Jan 2004 NIIT Employment, Northern Ireland [ Bailii ] Â Peters v Dale Farm Dairies Ltd [2004] NIIT 1916_03 19 Jan 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Thompson v Install International Ltd [2004] NIIT 1450_03 19 Jan 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Mooney v McShane (T/A Belvedere Residential Nursing Home) [2004] NIIT 748_03 19 Jan 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Prison Service v Bewley Times, 04 February 2004 20 Jan 2004 EAT Peter Clark J Employment There has been an award by arbitration relating to the claimants terms and conditions. He complained that he was being asked to work outside the limits imposed by the regulations. Held: The arbitration award operated to oust the effect of regulation 23, being a collective agreement within the regulations. The award was derived from an agreement and was to take effect as if reached within it. Working Time Regulations 1998 (1998 No 1833) 10 23 Â Gregg v Department for Employment and Learning and Another [2004] NIIT 47_01 20 Jan 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Hmprison Service v Bewley [2004] UKEAT 0455_03_2001 20 Jan 2004 EAT Employment [ Bailii ] Â Edgar v East Antrim Institute of Further and Higher Education (Unfair Dismissal) [2004] NIIT 8 20 Jan 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Edgar v East Antrim Institute of Further and Higher Education [2004] NIIT 1618_03 20 Jan 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Digney v Davies (T/A Springers Restaurant) [2004] NIIT 3585_03 21 Jan 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Laing Limited v Yassin Essa [2004] EWCA Civ 2; Times, 29 January 2004; [2004] IRLR 313; [2004] ICR 746 21 Jan 2004 CA Lord Justice Clarke Lord Justice Rix Lord Justice Pill Employment, Discrimination, Damages The claimant had been awarded damages for race discrimination. The employer appealed. Held: In a claim for damages under the 1976 Act, it was not necessary to show that the damage suffered was reasonably forseeable. Pill LJ said: "I see no need to superimpose the requirement or prerequisite of reasonable foreseeability upon the statutory tort in order to achieve the balance of interests which the law of tort requires. It is sufficient if the damage flows directly and naturally from the wrong. While there is force in the submission that, to prevent multiplicity of claims and frivolous claims, a control mechanism beyond that of causation is needed, reliance upon the good sense of employment tribunals in finding the facts and reaching conclusions on them is a sufficient control mechanism, in my view. As a mechanism for protecting a defendant against damages which, on policy grounds, may appear too remote, a further control by way of a reasonable foreseeability test is neither appropriate nor necessary in present circumstances." Clarke LJ said: "In all the circumstances we agree with Pill LJ that there is no need to add a further requirement of reasonable foreseeability and that the robust good sense of employment tribunals can be relied upon to ensure that compensation is awarded only where there really is a causal link between the act of discrimination and the injury alleged. No such compensation will of course be payable where there has been a break in the chain of causation or where the claimant has failed to take reasonable steps to mitigate his loss." Race Relations Act 1976 1 Citers [ Bailii ] Â Ladies' Health and Fitness Club Ltd v Eastmond and others [2004] UKEAT 0094_03_2101 21 Jan 2004 EAT Employment [ Bailii ] Â Ladie'Shealth and Fitness Club Ltd v T Eastmond and others UKEAT/0094/03 21 Jan 2004 EAT The Honourable Mr Justice Burton (P) Employment EAT Transfer of Undertakings - Pensions and other terms. [ EATn ] Â Lillian v Davies T/A Springers Restaurant (Breach of Contract) [2004] NIIT 9 21 Jan 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Thompson v Merck Pharmaceuticals (Preliminary Hearing ) [2004] NIIT 4 21 Jan 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Thompson v Merck Pharmaceuticals [2004] NIIT 1983_02 21 Jan 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Ladie'Shealth and Fitness Club Ltd v T Eastmond and others UKEAT/0094/03 21 Jan 2004 EAT The Honourable Mr Justice Burton (P) Employment EAT Transfer of Undertakings - Pensions and other terms Â Thompson v Merck Pharmaceuticals (Preliminary Hearing) [2004] NIIT 10 21 Jan 2004 NIIT Northern Ireland, Employment [ Bailii ] Â K Redman v Royal Bershire Fire Authority UKEAT/201/03; [2004] UKEAT 0201_03_0501 21 Jan 2004 EAT His Hon Judge Clark Discrimination, Employment EAT Sex Discrimination - Indirect 1 Cites 1 Citers [ Bailii ] Â K D Paterson and others v London Borough of Islington, Caxton Islington Ltd, Castle Independent Ltd UKEAT/347/03 22 Jan 2004 EAT The Honourable Mr Justice Rimer Employment EAT Equal Pay Act - Work rated equivalent. [ EATn ] Â Uv Modular Ltd v Blakeley and others [2004] UKEAT 0905_03_2201 22 Jan 2004 EAT Employment [ Bailii ] Â Shingler v A J Manson Ltd [2004] UKEAT 0518_03_2201 22 Jan 2004 EAT Employment [ Bailii ] Â Shingler v A J Manson Limited UKEAT/518/03 22 Jan 2004 EAT His Hon Judge Prophet Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â Laverty v Mccleery Yarns (Unpaid Wages) [2004] NIIT 11 22 Jan 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Shingler v A J Manson Limited UKEAT/518/03 22 Jan 2004 EAT His Hon Judge Prophet Employment EAT Unfair Dismissal - Reason for dismissal Â Uv Modular Ltd v Blakeley and others [2004] UKEAT 0905_03_2201 22 Jan 2004 EAT Employment [ Bailii ] Â Uv Modular Ltd v A Blakeley, R Holderness, D Pryke, B P Smith UKEAT/095/03 22 Jan 2004 EAT His Hon Judge Wilkie Qc Employment EAT Transfer of Undertakings - Acquired rights directive. [ EATn ] Â Uv Modular Ltd v A Blakeley R Holderness D Pryke B P Smith UKEAT/095/03 22 Jan 2004 EAT His Hon Judge Wilkie QC Employment EAT Transfer of Undertakings - Acquired rights directive Â Laverty v Mccleery Yarns [2004] NIIT 3929_03 22 Jan 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Lappin v McMullan and Another [2004] NIIT 3954_03 22 Jan 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Gmb v Stokes [2004] UKEAT 0769_03_2301 23 Jan 2004 EAT Employment [ Bailii ] Â BAE Systems (Operations) Ltd v Kirkham [2004] UKEAT 0679_03_2301 23 Jan 2004 EAT Employment [ Bailii ] Â Bae Systems (Operations)Limited v A J Kirkham UKEAT/679/03 23 Jan 2004 EAT His Hon Judge Prophet Employment EAT Unfair Dismissal - Reasonableness of dismissal. [ EATn ] Â Kent County Council v Green [2004] EWCA Civ 11 23 Jan 2004 CA Lord Justice Mummery Lord Justice May Lord Justice Pill Employment The applicant had been a head teacher. She claimed unfair dismissal. The respondents claimed that they were not her employers. The school was a community school. Held: The governors should have been the correct respondents. They held the powers consistent with the power to dismiss. A constructive dismissal claim should not be treated differently on an issue of jurisdiction. School Standards and Framework Act 1988 - Education (Modification of Enactments Relating to Employment) Order 1999 - Education (Modification of Enactments Relating to Employment) (England) Order 2003 - Employment Rights Act 1996 95(1)(c) 1 Cites [ Bailii ] Â Bae Systems (Operations)Limited v A J Kirkham UKEAT/679/03 23 Jan 2004 EAT His Hon Judge Prophet Employment EAT Unfair Dismissal - Reasonableness of dismissal Â Serco Ltd v Lawson and Foreign and Commonwealth Office [2004] EWCA Civ 12; Times, 30 January 2004; [2004] ICR 204 23 Jan 2004 CA Lord Justice Mummery Lord Justice May Lord Justice Pill Employment, European The applicant had been employed to provide services to RAF in the Ascension Islands. He alleged constructive dismissal. There was an issue as to whether somebody working in the Ascension Islands was protected by the 1996 Act. The restriction on jurisdiction in s196 had been removed. The question now was as to what test applied in its stead. Some limitation must be implied. The test is as to employment in Great Britain. Held: A principle of statutory interpretation is that "an enactment applies to all persons and matters within the territory to which it extends, but not to any other persons or matters" Some provisions of the Act explicitly extended jurisdiction to employments abroad, which implied that other provisions did not so extend. It was claimed that the Directice was intended to protect workers posted abroad, but that was complied with by the repeal of s196. It was wrong to try to revert to the 'base test' in Todd, since this was part of the background leading to s196. The tribunal had no jurisdiction to hear the complaint. The applicant was not employed in Great Britain. Employment Rights Act 1996 - Employment Tribunals (Constitution and Rules of Procedure) Regulations 2001 - Directive 96/71/EC 1 Cites 1 Citers [ Bailii ] Â Electrotec Communications Ltd v Alderslade UKEAT/107/04 24 Jan 2004 EAT His Hon Judge D Serota Qc Employment EAT Practice and Procedure - Preliminary issues. [ EATn ] Â Electrotec Communications Ltd v Alderslade UKEAT/107/04 24 Jan 2004 EAT His Hon Judge D Serota QC Employment EAT Practice and Procedure - Preliminary issues Â Birmingham City Council v C J Gaston and others UKEAT/0508/03/RN 26 Jan 2004 EAT The Honourable Mr Justice Burton (President) Employment EAT Transfer of Undertakings - Transfer Â Birmingham City Council v C J Gaston and others UKEAT/0508/03/RN 26 Jan 2004 EAT The Honourable Mr Justice Burton (President) Employment EAT Transfer of Undertakings - Transfer. [ EATn ] Â Darlington and Durham County Racial Equality Council v Dale [2004] UKEAT 0749_03_2701 27 Jan 2004 EAT Employment [ Bailii ] Â Gnt Holdings (Uk) Limited v N Barter, A Popham UKEAT/877/03 27 Jan 2004 EAT The Honourable Mr Justice Rimer Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â GNT Holdings (UK) Ltd v Barter and Another [2004] UKEAT 0877_03_2701; UKEAT/877/03; [2004] UKEAT 0877_03_2701 27 Jan 2004 EAT The Honourable Mr Justice Rimer Employment EAT Unfair Dismissal - Reason for dismissal [ Bailii ] - [ Bailii ] Â D Perrie v Mertrux Limited UK/EAT/0736/03/DM 28 Jan 2004 EAT His Honour Judge Wilkie Qc Employment EAT Contract of Employment - Damages for breach of contract. [ EATn ] Â D Perrie v Mertrux Limited UK/EAT/0736/03/DM 28 Jan 2004 EAT His Honour Judge Wilkie QC Employment EAT Contract of Employment - Damages for breach of contract Â Mclaughlin v University of Ulster and Another (Preliminary Hearing ) [2004] NIIT 6 29 Jan 2004 NIIT Northern Ireland, Employment [ Bailii ] Â S J Franklin v Serco Limited UKEAT/514/03/TM 29 Jan 2004 EAT His Honour Judge Wilkie Qc Employment EAT Practice and Procedure - Application/Claim. [ EATn ] Â Mclaughlin v University of Ulster and Another (Preliminary Hearing) [2004] NIIT 13 29 Jan 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Vieira v Mcelvogue [2004] NIIT 1954_02 29 Jan 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Gfi Holdings Ltd v Santomo [2004] UKEAT 0088_04_2901 29 Jan 2004 EAT Employment [ Bailii ] Â Viera v Mcelvogue (Racial Discrimination ) [2004] NIIT 5 29 Jan 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Mclaughlin v University of Ulster and others [2004] NIIT 2775_02 29 Jan 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Viera v Mcelvogue (Racial Discrimination) [2004] NIIT 12 29 Jan 2004 NIIT Northern Ireland, Employment [ Bailii ] Â William Cook Sheffield Limited v T Bramhall and others UKEAT/899/03 29 Jan 2004 EAT His Hon Judge Ansell Employment EAT Unfair Dismissal - Reasonableness of dismissal. [ EATn ] Â Gfi Holdings Ltd v Joseph Santomo UKEAT/0088/04 29 Jan 2004 EAT His Hon Judge Clark Employment EAT Practice and Procedure - Amendment Â S J Franklin v Serco Limited UKEAT/514/03/TM 29 Jan 2004 EAT His Honour Judge Wilkie QC Employment EAT Practice and Procedure - Application Â William Cook Sheffield Limited v T Bramhall and others UKEAT/899/03 29 Jan 2004 EAT His Hon Judge Ansell Employment EAT Unfair Dismissal - Reasonableness of dismissal Â Woodhouse v Britannic Assurance Plc [2004] UKEAT 0132_03_2901; UKEAT/0132/03 29 Jan 2004 EAT The Honourable Mr Justice Rimer Employment, Discrimination EAT Disability Discrimination - Less favourable treatment [ Bailii ] - [ EAT ] Â Lucey v Holy Cross Catholic School [2004] UKEAT 0682_03_3001 30 Jan 2004 EAT Employment [ Bailii ] Â Dial-A-Phone and Another v Butt [2004] UKEAT 0286_03_3001 30 Jan 2004 EAT Employment [ Bailii ] Â Fulcrum Connections Ltd v Karl Evans, James Golden, Weldhire Limited UKEAT/0002/04/SM 30 Jan 2004 EAT The Honourable Mr Justice Rimer Employment EAT Contract of Employment - Definition of employee. [ EAT ] Â Â Hardy v Polk (Leeds) Ltd; EAT 2-Feb-2004 - UKEAT/301/03; [2004] UKEAT 0301_03_0202; [2004] IRLR 420; [2005] ICR 557 Â Shodeke v D Hill and others UKEAT/0394/00 2 Feb 2004 EAT The Honourable Mr Justice Rimer Employment EAT Practice and Procedure - Bias, misconduct and procedural irregularity. [ EAT ] Â Kinney v Complete Homecare Ltd [2004] NIIT 3966_03 3 Feb 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Moore v the Board of Trustees of the National [2004] NIIT 1179_01 3 Feb 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Foster v Eastbourne Borough Council and Another [2004] EWCA Civ 36 3 Feb 2004 CA Employment, Local Government Local Government (Early Termination of Employment) (Discretionary Compensation) (England and Wales) Regulations 2000 1 Cites [ Bailii ] Â J K Bansi v Alpha Flight Services UKEAT/652/03 3 Feb 2004 EAT His Hon Judge D Serota Qc Employment EAT Redundancy - Collective consultation and information. [ EATn ] Â Kinney v Complete Homecare Ltd (Breach of Contract/Redundancy Pay/Holiday Pay/Payment In Lieu of Notice) [2004] NIIT 15 3 Feb 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Moore v Board of Trustees for the National Museums and Galleries of Northern Ireland(Unfair Dismissal/Unfair Selection for Redundancy/Redundancy) [2004] NIIT 14 3 Feb 2004 NIIT Northern Ireland, Employment [ Bailii ] Â J K Bansi v Alpha Flight Services UKEAT/652/03; [2004] UKEAT 0652_03_1003; [2007] ICR 308 3 Feb 2004 EAT Serota QC J Employment EAT Redundancy - Collective consultation and information. Serota QC J said: "In English v Emery Reimbold & Strick Ltd . . the Court of Appeal gave guidance as to the circumstances in which a Judge might be invited to amplify his reasons and findings where these are considered to be insufficient. The EAT has adopted the approach recommended by the Court of Appeal on a number of occasions and remitted cases to the ET for amplification of reasons at an early stage in the appeal process; see Adebowale v Peninsula Business Services (EAT/1135/02/DA) in which the President said that the Court of Appeal 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"". We need not, therefore set out the dicta in English v Emery Reimbold & Strick. In Re T (a child: contact) 2003 1 FLR 303 (a care case) the Court of Appeal took the question of seeking clarification from a first instance Judge a stage further. Arden LJ , having considered English v Emery Reimbold & Strick Ltd went on to say that the principle applied to appeals in care cases as well as to other appeals. She said: "In a complex case, it might well be prudent, and certainly not out of place, for the judge, having handed down or delivered judgment, to ask the advocates whether there are any matters which he has not covered. Even if he does not, as a matter of courtesy at least, to draw the judge's attention to any material omission of which he is then aware or then believes exists. It is well-established that it is open to a judge to amend his judgment, if he thinks fit, at any time up to the drawing of the order. In many cases, the advocate ought to raise the matter with the judge in pursuance of his duty to assist the court to achieve the overriding objective (CPR 1.3, which does not as such apply to these proceedings); and in some cases, it may follow from the advocate's duty not to mislead the court that he should raise the matter rather than allow the order to be drawn. It would be unsatisfactory to use an omission by a judge to deal with a point in a judgment as grounds for an application for appeal if the matter has not been brought to the judge's attention when there was a ready opportunity so to do. Unnecessary costs and delay may result. I should make it clear that there are general observations for assistance in future cases, and that I make no criticisms of counsel in this case". In our opinion it is certainly good practice where parties are legally represented in Employment Tribunals, for advocates to ask the Tribunal to amplify its reasoning where it is considered that there has been a material omission in its findings of fact or in its consideration of the issues of fact and law before it. Where reasons are given extempore the application should be made at the time. If reasons are given in writing the request should be made as soon as possible after the reasons are received. We would encourage advocates to seek clarification from the ET promptly in any case where there might otherwise be an appeal based on alleged insufficiency of reasons. It is much easier for Tribunals to deal with requests for clarification when they are fresh in their minds and the amplification of insufficient reasons and finding will save the parties time and expense and may in some cases obviate the need for an appeal and subsequent remission of the case. The approach we have set out above is wholly consistent with the overriding objective and the principles that should govern appeals before the EAT." 1 Cites 1 Citers [ Bailii ] Â Commissioners of Inland Revenue v Ainsworth, Kilic, Stringer, Thwaites [2004] UKEAT 0650_03_0402; UKEAT/650/03; UKEAT/745/03 UKEA 4 Feb 2004 EAT The Honourable Mr Justice Burton (P) Employment EAT Working Time Regulations - Holiday pay Working Time Regulations 1998 1 Citers [ Bailii ] - [ EAT ] Â Â National Westminster Bank Plc v Parry; EAT 5-Feb-2004 - UKEAT/977/03 Â W v X and others [2004] UKEAT 0494_03_0502 5 Feb 2004 EAT Employment [ Bailii ] Â National Westminster Bank Plc v Parry UKEAT/977/03 5 Feb 2004 EAT His Hon Judge J R Reid QC Employment EAT Unfair Dismissal - Reason for dismissal 1 Cites 1 Citers Â F Hutton v J W Thompson UKEAT/0688/03 5 Feb 2004 EAT His Hon Judge J R Reid Qc Employment EAT Contract of Employment - Sick pay and holiday pay. [ EATn ] Â F Hutton v J W Thompson UKEAT/0688/03; [2004] UKEAT 0688_03_0502 5 Feb 2004 EAT His Hon Judge J R Reid QC Employment EAT Contract of Employment - Sick pay and holiday pay [ Bailii ] Â W v X and others [2004] UKEAT 0494_03_0502 5 Feb 2004 EAT Employment [ Bailii ] Â Scottish Courage Ltd v I Guthrie UKEAT/0788/03 5 Feb 2004 EAT His Honour Judge Clark Employment EAT Unlawful Deduction from Wages [ EATn ] Â Stadco Ltd v A S Pugh W D Roberts UKEAT/373/03 6 Feb 2004 EAT His Hon Judge J R Reid QC Employment EAT Unfair Dismissal - Reason for dismissal Â Stadco Ltd v A S Pugh, W D Roberts UKEAT/373/03 6 Feb 2004 EAT His Hon Judge J R Reid Qc Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â Konarzewska v Laurie Moran Arthur (Solicitors) [2004] EWCA Civ 452 6 Feb 2004 CA Employment 1 Cites [ Bailii ] Â S Emms v Union of Construction Allied Trades and Technicians UKEAT/0585/03/ILB; UKEAT/0811 9 Feb 2004 EAT His Honour Judge J R Reid QC Employment EAT Unfair Dismissal - Procedural fairness/automatically unfair dismissal. 1 Cites [ EATn ] Â Wise v Filbert Realisations [2004] UKEAT 0660_03_0902 9 Feb 2004 EAT Employment [ Bailii ] Â D Wise v Filbert Realisations (Formerly Licester City Football Club )In Administration) UKEAT/660/03 9 Feb 2004 EAT His Hon Judge Clark Employment EAT Unfair Dismissal - Reasonableness of dismissal. [ EATn ] Â Mingeley v Pennock and Another (T/A Amber Cars) Times, 04 March 2004; [2004] EWCA Civ 328; Gazette, 18 March 2004; [2004] ICR 727; [2004] IRLR 373 9 Feb 2004 CA Buxton, Maurice Kay LJJ, Sir Martin Nourse Discrimination, Employment The claimant taxi driver sought to assert race discrimination. The respondent argued that he had not been an employee, but an independent contractor. Held: The driver was not required by the contract to carry out the driving personally. He would pay a sum each week to be included on the respondent's radio and computer system for allocating work. The test was whether the dominant purpose of the agreement would require him to do the work personally. It did not, and the tribunal did not have jurisdiction. Race Relations Act 1976 78(1) 1 Cites 1 Citers [ Bailii ] Â D Wise v Filbert Realisations (Formerly Licester City Football Club) In Administration) UKEAT/660/03 9 Feb 2004 EAT His Hon Judge Clark Employment EAT Unfair Dismissal - Reasonableness of dismissal Â Kwamin v Abbey National Plc; Birminingham City Council v Mtize; Martin v London Borough of Southwark; Connex South Eastern Ltd vBangs UKEAT/710/03; [2004] UKEAT 0564_03_0203; UKEAT/564/03 9 Feb 2004 EAT The Honourable Mr Justice Burton (P) Employment EAT Practice and Procedure - Appellate jurisdiction/Reasons/Burns-Barke. Four cases of delay in promulgation of ET decisions. Three allowed (7.5 months, 12 months, 14.5 months) and one dismissed (4 months). Delay does not necessarily lead to rehearing (that in itself is bound to compound the delay and injustice). Test is whether decision (or part of it) rendered unsafe by delay: inspection of Decision for errors will not pay the usual deference to the decision of the Industrial jury. Mtize: only (surviving) claim for victimisation remitted: Connex: all three discrimination claims remitted: Kwamin: one of victimisation claims remitted with cross-appeal issue of extension of time: Martin: dismissed. The EAT gave guidance on steps to be taken after a delay in handing down a judgment. Burton J said: "The Appellant will need to invite the appellate court to examine the delayed judgment for any sign of error due to faulty recollection. The party impugning a judgment will need to show a material error or omission (if only one, then it would need to be the more significant) or a series of material errors or omissions. Material in this context does not mean material in the sense of an independent ground of appeal i.e. necessarily central to the decision and indicating an error of law or such error or errors of fact as to amount to perversity, but material in the sense that, taken separately or together, it or they show a real risk that there has been a failure of recollection, so as to establish that the decision is unsafe by virtue of the delay. Such causation is essential. The appeal must not be allowed, just because of the judgment being a delayed one, to degenerate into an impermissible appeal based upon an alleged error or errors of fact, as a result of what Lord Scott called "trawling" through the judgment. It plainly should not open the door, of itself, to allowing a second bite at the cherry, or certainly to a remission to the employment tribunal for the purpose of allowing a better job to be done by the losing party, second time around. We are satisfied, notwithstanding Lord Scott's use of the words "probably or even possibly", that, given the consequence for the parties of setting aside the judgment, the appeal tribunal must be satisfied on the balance of probabilities that the unsafeness is due to the delay. If the unsafeness of the Decision due to the delay is established, then that is an independent ground of appeal, and the delay will have infected and rendered unsafe one or more of the bases in law for the tribunal's decision. The error or errors must be due to the delay, and cast doubt upon the decision or part of the decision. 1 Cites 1 Citers [ Bailii ] - [ EATn ] Â Xxx v Yyy [2004] EWCA Civ 231; [2004] IRLR 471 10 Feb 2004 CA Buxton LJ, Maurice Kay J, Sir Martin Nourse Employment [ Bailii ] Â Royal Mail Group Plc v Tatum [2004] UKEAT 0655_03_1002 10 Feb 2004 EAT Employment [ Bailii ] Â Pitmans Trustees Limited, Whitehead, Bracey-Wright v The Telecommunications Group Plc [2004] EWHC 181 (Ch) 10 Feb 2004 ChD Vice-Chancellor, The Vice-Chancellor Financial Services, Employment [ Bailii ] Â Carter (Formerly McDonagh (General Secretary of, and on Behalf the Labour Party v Ahsan UKEAT/907/03; [2004] UKEAT 0907_03_2402 11 Feb 2004 EAT The Honourable Mr Justice Burton (P) Employment, Discrimination EAT Practice and Procedure - Appellate jurisdiction 1 Cites 1 Citers [ Bailii ] Â Bruce v Addleshaw Booth and Co [2004] UKEAT 0404_03_1102 11 Feb 2004 EAT Employment [ Bailii ] Â Vms Bruce v Addleshaw Booth and Co UKEAT/404/03 11 Feb 2004 EAT The Honourable Mr Justice Rimer Employment EAT Practice and Procedure - Striking-out/dismissal. [ EATn ] Â Carter (Formerly Mcdonagh (General Secretary of, and on Behalf the Labour Party v Raghib Ahsan UKEAT/907/03 11 Feb 2004 EAT The Honourable Mr Justice Burton (P) Employment EAT Practice and Procedure - Appellate jurisdiction/Reasons/Burns-Barke. Race Relations Act 1976 12(1)(c) 20(1) 25 1 Cites 1 Citers [ EATn ] Â Â Dunnachie v Kingston Upon Hull City Council; CA 11-Feb-2004 - [2004] EWCA (Civ) 84; Times, 26 February 2004; [2004] ICR 482; [2004] IRLR 287; [2004] 2 All ER 501 Â Shaikh, Banerjee v Independent Tribunal Service, Lord Chancellors Dept UKEAT/656/03 & UKEAT/829/03 11 Feb 2004 EAT His Hon Judge Clark Employment EAT Contract of Employment - Definition of employee. [ EAT ] Â Beaumont v Amicus Msf [2004] UKEAT 0122_03_1202 12 Feb 2004 EAT Employment 1 Cites 1 Citers [ Bailii ] Â Fairhurst Ward Abbotts Limited v Botes Building Limited and others [2004] EWCA Civ 83; Times, 26 February 2004; [2004] IRLR 304 13 Feb 2004 CA Lord Justice May Lord Justice Mummery Lord Justice Pill Employment A claim was made under the TUPE regulations. The company replied that the part of the business transferred was not a discrete economic entity. Held: The regulations did not require that in order to be governed by the regulations, a business transferred had to be a discrete entity. Transfer of Undertakings (Protection of Employment) Regulations 1981 1 Cites 1 Citers [ Bailii ] Â Foster v Somerset County Council [2004] EWCA Civ 222 13 Feb 2004 CA Employment 1 Cites 1 Citers [ Bailii ] Â Ramsey, Hamblet and Treweeke v Walker Snack Foods Ltd, D McDonnell [2004] UKEAT 0601_03_1302; UKEAT/602/03; UKEAT/601/03 13 Feb 2004 EAT Ansell J Employment Three employees appealed decisions that they had not been unfairly dismissed. The employer had suspected them of involvement in a scam involving the diversion of prize-winning crisp packets. Informants had insisted on remaining anonymous. The company then invited further evidence. Only anonymised evidence was obtainable. Held. The appeals failed. Each such case must be dealt with on its own facts. The tribunal had found that the company had understood its duties and were satisfied as to the reliability of the procedures adopted. It had recognised the dangers but acted within the range of reasonable responses to the problems presented. 1 Cites [ Bailii ] - [ EATn ] Â Christian Kaid v Gruppo Limited UKEAT/0546/03 16 Feb 2004 EAT The Honourable Mr Justice Rimer Employment EAT Unfair Dismissal - Constructive dismissal. [ EATn ] Â Christian Kaid v Gruppo Limited UKEAT/0546/03 16 Feb 2004 EAT The Honourable Mr Justice Rimer Employment EAT Unfair Dismissal - Constructive dismissal Â Brand v Compro Computer Services Ltd [2004] EWCA Civ 204 16 Feb 2004 CA Employment [ Bailii ] Â Pfms Ltd (T/A A and A Cleaning Specialists) v Fleet [2004] UKEAT 0850_03_1602 16 Feb 2004 EAT Employment [ Bailii ] Â Pfms Ltd T/A A and A Cleaning Specialists v A Fleet UKEAT/0850/03 16 Feb 2004 EAT His Honour Judge J R Reid Qc Employment EAT Practice and Procedure - Costs. [ EATn ] Â Pfms Ltd T/A A and A Cleaning Specialists v A Fleet UKEAT/0850/03 16 Feb 2004 EAT His Honour Judge J R Reid QC Employment EAT Practice and Procedure - Costs Â Mckee v the Queen's University of Belfast [2004] NIIT 994_00 16 Feb 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Lee v Home Office [2004] UKEAT 0893_03_1602 16 Feb 2004 EAT Employment [ Bailii ] Â Turesdale v Gillan and others (Unfair Dismissal/Sex Discrimination/Racial Discrimination) [2004] NIIT 17 17 Feb 2004 NIIT Discrimination, Employment [ Bailii ] Â Collins v Royal National Theatre Board Limited [2004] 2 All ER 851; [2004] EWCA Civ 144 17 Feb 2004 CA Lord Justice Sedley Lord Justice Brooke Lord Justice Latham Discrimination, Employment Can an employer's failure to make adjustments to accommodate a disabled employee be unreasonable but justified? Held: The justification under 5(2)(b) must be something other than the circumstances which are taken into account for the purpose of section 6(1): "The clear purpose of s.5(5) is to deny to an employer who has treated a disabled employee less favourably than others any defence of justification which depends directly or indirectly on a breach by the employer of his s.6 duty to make adjustments." Disability Discrimination Act 1995 4 5(2)(b) 6(1) 1 Cites 1 Citers [ Bailii ] Â Maureen Fitzgerald v University of Kent at Canterbury [2004] EWCA Civ 143; Times, 04 March 2004; Gazette, 18 March 2004 17 Feb 2004 CA Mr Justice Brooke Lord Justice Sedley Lord Justice Jacob Employment The parties had been in negotiations, attempting to settle a proposed action for unfair dismissal. They agreed to fix the effective date of determination at a certain date, but this was after the date fixed by the statute. The action was begun within three months of the agreed date, but not the statutory date. Held: The jurisdiction of the tribunal was statutory, and it was not open to the parties to make an agreement to give a non-statutory jurisdiction. Employment Rights Act 1996 97 1 Cites [ Bailii ] Â Walker v Barnes UKEAT/529/03; [2004] UKEAT 0529_03_0803 17 Feb 2004 EAT His Hon Judge J R Reid QC Employment EAT Practice and Procedure - Perversity EAT Practice and Procedure - Perversity. 1 Citers [ Bailii ] - [ EAT ] Â O Donovan v Centrepoint Soho UKEAT/0642/03/DM 17 Feb 2004 EAT His Honour Judge J Mcmullen QC Employment EAT Unfair Dismissal - Polkey deduction Â Ms O Donovan v Centrepoint Soho UKEAT/0642/03/DM 17 Feb 2004 EAT His Honour Judge J Mcmullen Qc Employment EAT Unfair Dismissal - Polkey deduction. [ EATn ] Â Truesdale v Gillan and others [2004] NIIT 413_02 17 Feb 2004 NIIT Employment [ Bailii ] Â Kennedy v Jah Humphrey (T/A Humphrey Agriculture) and Another (Application for Review) [2004] NIIT 16 17 Feb 2004 NIIT Northern Ireland, Employment [ Bailii ] Â R Maynard v Pontypridd Town Council UKEAT/519/03 17 Feb 2004 EAT The Honourable Mr Justice Burton (P) Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â Canadon Ltd v J L Phillips UKEAT/0646/03 18 Feb 2004 EAT The Honourable Mr Justice Burton (P) Employment EAT Unfair Dismissal - Compensation. [ EATn ] Â Canadon Ltd v J L Phillips UKEAT/0646/03 18 Feb 2004 EAT The Honourable Mr Justice Burton (P) Employment EAT Unfair Dismissal - Compensation Â Knox v Drumcree College and Another [2004] NIIT 3974_03 18 Feb 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Burley v Joseph W Burley and Partners Ltd and Another [2004] EWCA Civ 248 18 Feb 2004 CA Financial Services, Employment [ Bailii ] Â Office of National Statistics v Ali [2004] UKEAT 0114_04_1802; UKEAT/0114/04 18 Feb 2004 EAT The Honourable Mr Justice Rimer Employment, Discrimination EAT Race Discrimination - Indirect. 1 Cites 1 Citers [ Bailii ] - [ EATn ] Â Canadon Ltd v Phillips [2004] UKEAT 0646_03_1802 18 Feb 2004 EAT Employment [ Bailii ] Â Knox v Drumcree College and Another (Part-Time Workers/Prevention of Less Favourable Treatment Regulations Ni 2000) [2004] NIIT 18 18 Feb 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Knox Board of Governors Drumcree College and Another (Part-Time Workers ) [2004] NIIT 7 18 Feb 2004 NIIT Northern Ireland, Employment The claim was brought under the 2000 Regulations, the claimant asserting that she had been subjected to a detriment by not being appointed to a Head of Home Economics Department post. Held: She had not been less favourably treated for having been a part time worker. The evidence recovered by the internal trawl did not support the claimant's assertion. Part-time Workers (Prevention of Less Favourable Treatment) Regulations (Northern Ireland) 2000 58 [ Bailii ] Â M Dowling v M E Ilic Haulage (2 ) Berkeley Logistics Ltd UKEAT/836/03 19 Feb 2004 EAT The Honourable Mr Justice Burton (P) Employment EAT Trade Union Rights - Action short of dismissal. [ EAT ] Â Taylor v Knapp and Another [2004] NIIT 9089_03 19 Feb 2004 NIIT Northern Ireland, Employment [ Bailii ] Â M Dowling v M E Ilic Haulage, Berkeley Logistics Ltd EAT/1404/00; [2004] UKEAT 0836_03_0203; UKEAT/836/03 19 Feb 2004 EAT The Honourable Mr Justice Burton (P) Employment EAT Procedural Issues - Employment Tribunal EAT Trade Union Rights - Action short of dismissal It had been found that the claimant had been dismissed for an unlawful reason associated with his trades union activities under the 1992 Act. Immediately after the dismissal the business had been transferred and under TUPE he claimed against the new employer. He appealed his claim against that company. Held: Under the 1992 Act, his employment was deemed to have continued, but this was only for purposes associated with calculations which might arise relating to a claim on that dismissal. The Act did not extend his employment so as to catch the new employer after the transfer. Appeal dismissed. Trade Union and Labour Relations (Consolidation) Act 1992 - Transfer of Undertakings (Protection of Employment) Regulations 1981 1 Cites [ Bailii ] Â Susie Radin Ltd v GMB and others [2004] EWCA Civ 180; Times, 16 March 2004; Gazette, 18 March 2004; [2004] IRLR 400; [2004] 2 All ER 279; [2004] ICR 893 20 Feb 2004 CA Lord Justice Laws, Lord Justice Peter Gibson, Lord Justice Longmore Employment, Damages The company made redundancies but failed to carry out any effective or honest consultation. The tribunal awarded the maximum 90 days protective order. The company appealed saying that it had given the employees greater notice than was strictly due. Held: The purpose of the order was punitive and therefore was not affected by the actual notice given by the employer. The section was intended to give effect to the European Directive, which required some penalty for non-compliance. The discretion given to the court was a judicial discretion to be exercised according to proper legal principles. The proper approach was to start with the maximum award and to reduce it where mitigation was found to justify a reduction. Trade Union and Labour Relations (Consolidation) Act 1992 189(2) - Trade Union Reform and Employment Rights Act 1993 - Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 1995 - Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 1999 1 Cites 1 Citers [ Bailii ] Â Commissioner of Police of the Metropolis v Lennon [2004] EWCA Civ 130; Times, 25 February 2004; Gazette, 18 March 2004; [2004] 2 All ER 266 20 Feb 2004 CA Lord Justice Mummery Lord Justice Ward Lord Justice Rix Employment, Negligence, Police, Negligence The claimant police officer considered being transferred to Northern Ireland. He asked and was incorrectly told that his housing allowance would not be affected by taking time off work. Held: The break between employments had affected his entitlements. The finding of a duty of care and its breach involved no new extension of the law. The officer had assumed responsibility to the claimant for the advice, and was responsible and had access to special knowledge. The relationship between the claimant and respondent was not that of employer and employee, but for these purposes was sufficiently close. 1 Cites 1 Citers [ Bailii ] Â Finlay v Moira Foods Ltd [2004] NIIT 3332_03 23 Feb 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Associated Society of Locomotive Engineers and Firemen v Lee UKEAT/625/03; [2004] UKEAT 0625_03_2402 23 Feb 2004 EAT The Honourable Mr Justice Burton (P) Employment EAT Contract within s174(4)(a)(iii) of TULRA 1992 for which a Trade Union cannot expel a member is limited to being or ceasing to be a member of a political party (in this case BNP). A union can expel a member if its reason is exclusively his or her activities as a party member and not his or her party membership per se: and such conduct does not need to be linked to his or her membership of the Union. Remitted to ET. 1 Citers [ Bailii ] - [ EAT ] Â Dunbar and Others, Regina (on the Application Of) v Hampshire Fire and Rescue Service [2004] EWHC 431 (Admin) 24 Feb 2004 Admn Employment Appeals against refusal to re-instate fire fighters despite successful appeals to the Secretary of State. Fire Service (Discipline) Regulations 1985 7 [ Bailii ] Â Lewis v Tesco Stores Ltd [2004] UKEAT 0995_03_2402 24 Feb 2004 EAT Employment [ Bailii ] Â Electrotec Communications Ltd v Alderslade [2004] UKEAT 0170_04_2402 24 Feb 2004 EAT Employment [ Bailii ] Â Healy v Corporation of Lloyds [2004] EWCA Civ 262 24 Feb 2004 CA Employment, Insurance, Damages [ Bailii ] Â R T Lewis v Tesco Store Ltd UKEAT/995/03 24 Feb 2004 EAT The Honourable Mr Justice Burton (P) Employment EAT Practice and Procedure - Striking-out Â R T Lewis v Tesco Store Ltd UKEAT/995/03 24 Feb 2004 EAT The Honourable Mr Justice Burton (P) Employment EAT Practice and Procedure - Striking-out/dismissal. [ EATn ] Â United Guarding Services Limited v St James Security Group Limited, Hermoza UKEAT/0770/03; [2004] UKEAT 0770_03_1504 26 Feb 2004 EAT The Honourable Mr Justice Hooper Employment EAT Transfer of Undertakings - Transfer [ Bailii ] - [ EAT ] Â Atos Origin UK Ltd v Amicus (Amps) and others UKEAT/566/03; [2004] UKEAT 0566_03_2602 26 Feb 2004 EAT His Hon Judge Wilkie QC Employment EAT Transfer of Undertakings - Transfer. The defendant appealed against a finding that there had been no relevant transfer of its undertaking to Compaq [ Bailii ] - [ EAT ] Â William Cook Sheffield Ltd v Bramhall and others [2004] UKEAT 0899_03_2602 26 Feb 2004 EAT Ansell HHJ Employment [ Bailii ] Â S Bari v D Hashi (Tower Hamlets Citizens Advice Bureau) UKEAT/0003/04 27 Feb 2004 EAT His Hon Judge J R Reid QC Employment EAT Practice and Procedure - Amendment EAT Practice and Procedure - Amendment. [ EATn ] Â Bari v Hashi and Another [2004] UKEAT 0003_04_2702 27 Feb 2004 EAT Employment [ Bailii ] Â C Potter v Unison UKEAT/626/03; [2004] UKEAT 0626_03_0103 1 Mar 2004 EAT The Honourable Mr Justice Burton (P) Employment EAT Trade Union Membership [ Bailii ] Â C Potter v Unison UKEAT/626/03 1 Mar 2004 EAT The Honourable Mr Justice Burton (P) Employment EAT Trade Union Membership - (no sub-topic). [ EATn ] Â Denise Forcer v Bakers,Food and Allied Workers Union UKEAT/0634/03 1 Mar 2004 EAT The Honourable Mr Justice Hooper Employment EAT Unfair Dismissal - Compensation. [ EATn ] Â Sen v Hackney and others [2004] UKEAT 0591_03_0103 1 Mar 2004 EAT Employment [ Bailii ] Â Cohen v Ipg (Europe) Ltd [2004] UKEAT 0776_03_0103 1 Mar 2004 EAT Employment [ Bailii ] Â Jeffrey v Strategic Rail Authority and Another [2004] UKEAT 0631_03_0103 1 Mar 2004 EAT Employment [ Bailii ] Â Ferreira v J and A McCrystal (T/A Drapersfield Nursing Home) [2004] NIIT 635_03 1 Mar 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Cohen v IPG (Europe) Ltd [2004] UKEAT 0776_03_0103 1 Mar 2004 EAT Employment 1 Cites 1 Citers [ Bailii ] Â Chohan v Derby Law Centre UKEAT/0851/03; [2004] UKEAT 0851_03_0704 2 Mar 2004 EAT His Hon Judge Mcmullen QC Employment EAT Employment Tribunal claim brought out of time because of Solicitor's negligent advice. Application of British Coal Corporation -v- Keeble [1999] IRLR 337. 1 Cites 1 Citers [ Bailii ] - [ EATn ] Â Wheeler v Qualitydeep Ltd T/A Thai Royale Restaurant (In Liquidation) UKEAT/0998/03; [2004] UKEAT 0998_03_1604 2 Mar 2004 EAT His Hon Judge McMullen QC Employment EAT Unfair Dismissal - Compensation - Unfair Dismissal - Acquiescence / knowledge of illegality of contract prevented a claim for unfair dismissal. 1 Citers [ Bailii ] - [ EAT ] Â W Arnold v Barnfield College UKEAT/0544/03; [2004] UKEAT 0544_03_1806 3 Mar 2004 EAT The Honourable Mr Justice Hooper Employment EAT Unfair Dismissal - Constructive dismissal [ Bailii ] Â Barnfield College v W Arnold UKEAT/0545/03 3 Mar 2004 EAT The Honourable Mr Justice Hooper Employment EAT Unfair Dismissal - Constructive dismissal Â Ms W Arnold v Barnfield College UKEAT/0544/03 3 Mar 2004 EAT The Honourable Mr Justice Hooper Employment EAT Unfair Dismissal - Constructive dismissal. [ EATn ] Â Barnfield College v Ms W Arnold UKEAT/0545/03 3 Mar 2004 EAT The Honourable Mr Justice Hooper Employment EAT Unfair Dismissal - Constructive dismissal. [ EATn ] Â Sharon Marie Grady v Home Office [2004] UKEAT 0067_02_2104; UK/EAT/0067/02 4 Mar 2004 EAT His Hon Judge McMullen QC Employment EAT Practice and Procedure - Striking-out/dismissal. 1 Cites [ Bailii ] - [ Bailii ] - [ EATn ] Â Stadco Ltd v Pugh and Another [2004] UKEAT 0373_03_0403 4 Mar 2004 EAT Employment [ Bailii ] Â K Singh v The Watch Security Ltd UKEAT/0772/03; UKEAT/0772/03/MAA 4 Mar 2004 EAT The Honourable Mr Justice Burton (P) Employment EAT The claimant succeeded in his unfair dismissal claim, but appealed against an 80% deduction for the contribution his own behaviour and 66% for his failings at the work. The total deduction being greater than 100%, the net award for that element was nil. He appealed saying that the deductions should not have been aggregated. The conventional award for compensation for loss of protection from unfair dismissal normally attracts a "going rate" of £250. Employment Rights Act 1996 123(6) 1 Cites [ EATn ] Â Istituto nazionale della previdenza sociale v Barsotti and Others C-84/01 [2004, ECR I-2005; C-84/01; [2004] EUECJ C-84/01 4 Mar 2004 ECJ European, Employment ECJ (Social Policy) Social policy - Protection of employees in the event of their employer's insolvency - Directive 80/987/EEC - Limitation of liability of the guarantee institutions - Ceiling to the liability - Part payments by the employer - Social objective of the directive [ Bailii ] Â Bailie v Fire Authority for Northern Ireland [2004] NIIT 616_03 4 Mar 2004 NIIT Northern Ireland, Employment 1 Cites [ Bailii ] Â Electronic Data Systems Ltd v Travis [2004] UKEAT 0476_03_0403 4 Mar 2004 EAT Employment [ Bailii ] Â Mills v Boots the Chemists Ltd (Unfair Dismissal) [2004] NIIT 20 5 Mar 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Williams v Ferrosan Ltd UKEAT/1005/03; [2004] UKEAT 1005_03_0503; [2004] IRLR 607 5 Mar 2004 EAT Hooper J Employment, Damages Acting on guidance, the parties representatives and the tribunal had assumed that part of the award relating to loss of future earnings would not be taxable. The question now was whether the tribunal had power of its own motion to review its decision. Held: "There is a difference between saying that a case to which rule 13(1)(e) applies will in practice be unusual or exceptional and saying that rule 13(1)(e) should be read as if inserted into it are the words "exceptional circumstances". We see no reason now in the light of rule 10 that some sort of: "exceptionality hurdle" should be read into rule 13(1)(e). One of the many advantages of the Civil Procedure Rules has been that a rule which, prior to the introduction of the CPR, had become "encrusted" by numerous cases can be looked at afresh." Employment Tribunal (Constitution) Regulations 2001 13 1 Cites 1 Citers [ EATn ] - [ Bailii ] Â Â Vince-Cain v Orthet Ltd; EAT 5-Mar-2004 - [2004] UKEAT 0801_04_0503; UKEAT/801/03 Â Mills v Boots the Chemists Ltd [2004] NIIT 1657_03 5 Mar 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Brook Street Bureau (UK) Ltd v Patricia Dacas [2004] EWCA Civ 217; Times, 19 March 2004; [2004] ICR 1437; [2004] IRLR 358 5 Mar 2004 CA Lord Justice Mummery, Munby J Employment The applicant cleaner sought compensation for unfair dismissal. The issue was whether she was an employee of the respondents, of their client where she did her work, or was not an employee at all. She worked for an agency, who sent her out to offices to work. The court was called upon to give guidance as to the difference between a contract of service, and a contract for services, in the context of such triangular arrangements. Held: The appeal by the Agency was allowed. "The starting point is that it is highly unlikely that paid work was done by the applicant in the absence of a contract of some kind." The tribunal should not focus on the contracts alone, but should go back to the words of the statute. The statutory definition of a contract of employment as a "contract of service" expressly includes an "implied" contract, and a contract of service may be deduced as a necessary inference from the conduct of the parties and from the circumstances surrounding the parties and the work done. Whilst it was now too late to address the situation as between the claimant and the council, an implied contract may have existed, but she was not an employee of the appellant bureau. Mummery LJ said: "Although there was no express contract between the applicant and the end user in this case, that absence does not preclude the implication of a contract between them. That depends on the evidence, which includes, but may not be confined to, the contractual documents." Employment Rights Act 1996 94 230(2) 1 Cites 1 Citers [ Bailii ] Â East Ayrshire Council v Hugh Cairns EATS/0056/03 8 Mar 2004 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Exclusions including worker Â Haberdasher's Monmount School for Girls v Turner UKEAT/0922/03; [2004] UKEAT 0922_03_0803 8 Mar 2004 EAT The Honourable Mr Justice Burton (P) Employment EAT Unfair Dismissal ET incorrectly applied Sir John Donaldson's dictum in Bridgen [1987] IRLR 58 (based on Woodar v Wimpey): assertion of wrong interpretation of contract not enough for repudiation, which requires intention not to comply with contract as properly construed. Remitted to ET. 1 Cites [ Bailii ] - [ EATn ] Â East Ayrshire Council v Cairns [2004] UKEAT 0056_03_0803 8 Mar 2004 EAT Employment [ Bailii ] Â East Ayrshire Council v Hugh Cairns EATS/0056/03 8 Mar 2004 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Exclusions including worker/jurisdiction. [ EATn ] Â C Derbyshire v Malcolm B. Davies and A Adenle T/A Samuel Davis UKEAT/0703/03 9 Mar 2004 EAT Her Honour Judge Wakefield Employment EAT Unfair Dismissal - Mitigation of loss Â Malcolm B Davies and A Adenele T/A Samuel Davis (A Firm) v C A Derbyshire UKEAT/0099/03 9 Mar 2004 EAT Her Honour Judge Wakefield Employment EAT Unfair Dismissal - Mitigation of loss Â W F Price (Roofing) Ltd v James Cox EATS/0061/03 9 Mar 2004 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Exclusions including worker Â Davis and Another (T/A Samuel Davis (A Firm)) v Derbyshire [2004] UKEAT 0099_03_0903 9 Mar 2004 EAT Employment EAT Unfair Dismissal Automatically unfair dismissal by reason of employee having asserted statutory rights. Issues as to proper bases for compensation (net or gross pay in lieu) and mitigation of loss. 1 Cites [ Bailii ] Â Frogmore Investments Ltd v Christopher J Parkinson EATS/0027/03; [2004] UKEAT 0027_03_0903 9 Mar 2004 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Exclusions including worker [ Bailii ] Â Frgomore Investments Ltd v Christopher J Parkinson EATS/0027/03 9 Mar 2004 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Exclusions including worker/jurisdiction. [ EATn ] Â Malcolm B Davies and A Adenele T/A Samuel Davis (A Firm) v Ms C A Derbyshire UKEAT/0099/03 9 Mar 2004 EAT Her Honour Judge Wakefield Employment EAT Unfair Dismissal - Mitigation of loss. [ EATn ] Â Hudson v Testway Housing Ltd [2004] UKEAT 0825_03_0903 9 Mar 2004 EAT Employment [ Bailii ] Â Ms C Derbyshire v Malcolm B. Davies and A Adenle T/A Samuel Davis UKEAT/0703/03 9 Mar 2004 EAT Her Honour Judge Wakefield Employment EAT Unfair Dismissal - Mitigation of loss. [ EATn ] Â F S Hudson v (Testway Housing Ltd UKEAT/825/03 & UKEAT/826/03 9 Mar 2004 EAT The Honourable Mr Justice Burton (P) Employment EAT Practice and Procedure - Chairman alone. [ EATn ] Â F S Hudson v (Testway Housing Ltd UKEAT/825/03 & UKEAT/826/03 9 Mar 2004 EAT The Honourable Mr Justice Burton (P) Employment EAT Practice and Procedure - Chairman alone Â W F Price (Roofing) Ltd v Cox [2004] UKEAT 0061_03_0903 9 Mar 2004 EAT Employment [ Bailii ] Â W F Price (Roofing) Ltd v James Cox EATS/0061/03 9 Mar 2004 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Exclusions including worker/jurisdiction. [ EATn ] Â B Pinnington v The City and County of Swansea, The Governing Body of Ysgol Crug Glas School UKEAT/0561/03; [2004] UKEAT 0561_03_2805 10 Mar 2004 EAT His Honour Judge Mcmullen QC Employment EAT Unfair Dismissal - Reason for dismissal 1 Cites 1 Citers [ Bailii ] Â Smith v Kent County Council [2004] EWHC 412 (QB) 10 Mar 2004 QBD Mr Justice Mackay Employment, Education Â Sally Harper v Virgin Net Limited [2004] EWCA Civ 271; Times, 16 March 2004; Gazette, 08 April 2004 10 Mar 2004 CA Lord Justice Brooke Lord Justice Chadwick Baker, Lord Justice Scott Baker Employment, Damages The employee had been dismissed. Her contractual notice period was longer than the statutory period. Held: The statutory notice period prevailed in calculating the date of dismissal. The contractual period could not be used to extend the total period of employment to allow a claim for loss of the right to claim unfair dismissal. Had Parliament desired the result contended it would have made provision accordingly. The right not to be unfairly dismissed is a statutory creation. 1 Cites 1 Citers [ Bailii ] Â Smith v Kent County Council [2004] EWHC 412 (QB) 10 Mar 2004 QBD Employment [ Bailii ] Â Medley v Working Men's Club and Institute Union Ltd [2004] UKEAT 0782_03_1003; UKEAT/782/03/ILB 10 Mar 2004 EAT he Honourable Mr Justice Burton Employment, Discrimination EAT Sex Discrimination - Lady members of local club not allowed to be associates of CIU (umbrella organisation). S. 12 of Sex Discrimination Act 1975 not applicable as CIU not relevant organisation and 'associates' are not members. [ Bailii ] Â B Pinnington v the City and County of Swansea, the Governing Body of Ysgol Crug Glas School UKEAT/0561/03 10 Mar 2004 EAT His Honour Judge Mcmullen Qc Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â T and G (Scotland) v Amicus (Aeeu), Qinetiq Ltd, Serco Ltd EATS/0067/03 10 Mar 2004 EAT The Honourable Lord Johnston Employment EAT Transfer of Undertakings - Acquired rights directive. [ EATn ] Â T and G (Scotland) v Amicus (Aeeu) and others EATS/0067/03; [2004] UKEAT 0067_03_1003 10 Mar 2004 EAT The Honourable Lord Johnston Employment EAT Transfer of Undertakings - Acquired rights directive [ Bailii ] Â James Bradley v Freeport Plc (Formerly Freeport Leisure Plc) EATS/0019/03 11 Mar 2004 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Exclusions including worker/jurisdiction. [ EATn ] Â Suleyman Kirik v Oktay Ltd EATS/0075/03 11 Mar 2004 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Exclusions including worker/jurisdiction. [ EATn ] Â Total Fitness (Uk) Ltd v Dr R Prelevic UKEAT/537/03 11 Mar 2004 EAT Her Honour Judge A Wakefield Employment EAT Time Off - Trade union activities. [ EATn ] Â Suleyman Kirik v Oktay Ltd EATS/0075/03; [2004] UKEAT 0075_03_1103 11 Mar 2004 EAT The Honourable Lord Johnston Employment, Damages The EAT had on an earlier occasion remitted the case to the tribunal for consideration of the damages award following a finding of unfair dismissal. The tribunal had then limited the award to two weeks pay. The employee appealed again. Held: The tribunal's approach was this time correct in law, and the appeal failed. Lord Johnston: "This is an appeal from a decision of the Employment Tribunal sitting in Inverness following upon this Tribunal remitting the matter back for consideration of compensation against a finding of unfair dismissal. Mr Lefevre, for the appellant employee, submitted that the approach of the Tribunal was perverse inasmuch that they had restricted any award of compensation to two weeks' pay to reflect the period which the Tribunal assessed, obviously as a speculation over which discussions about wage cuts might have taken place before the appellant rejected any such suggestion on that hypothesis. We do not consider the Tribunal's approach can be regarded as so flawed as to be categorised as perverse. It seems to us that the approach adopted by the Tribunal was one they were entitled to take against the background of the financial chaos of the business, and, the arrival of a further employee by reason of the departure of the manager temporarily to Turkey, was nothing to the point. Whatever else the Tribunal might have done, we consider what they did do was at least a permissible option and we will not interfere. This appeal is therefore dismissed." 1 Cites 1 Citers [ Bailii ] Â Bradley v Freeport Plc [2004] UKEAT 0019_03_1103 11 Mar 2004 EAT Employment [ Bailii ] Â James Bradley v Freeport Plc (Formerly Freeport Leisure Plc) EATS/0019/03 11 Mar 2004 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Exclusions including worker Â Total Fitness (Uk) Ltd v Dr R Prelevic UKEAT/537/03 11 Mar 2004 EAT Her Honour Judge A Wakefield Employment EAT Time Off - Trade union activities 1 Cites Â Elaine Baptie v Cec Ltd EATS/0057/03 12 Mar 2004 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Exclusions including worker Â Baptie v Cec Ltd [2004] UKEAT 0057_03_1203 12 Mar 2004 EAT Employment [ Bailii ] Â Ms Elaine Baptie v Cec Ltd EATS/0057/03 12 Mar 2004 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Exclusions including worker/jurisdiction. [ EATn ] Â Martin Owens v Mitsui Babcock Energy Ltd UKEAT/732/03 12 Mar 2004 EAT Her Honour Judge A Wakefield Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â Martin Owens v Mitsui Babcock Energy Ltd UKEAT/732/03 12 Mar 2004 EAT Her Honour Judge A Wakefield Employment EAT Unfair Dismissal - Reason for dismissal Â Goldsborough Limited (Sued As Bupa Care Homes v F Lake UKEAT/859/03 15 Mar 2004 EAT Her Honour Judge A Wakefield Employment EAT Practice and Procedure - Amendment. [ EATn ] Â Goldsborough Ltd (Sued As Bupa Care Homes) v Lake [2004] UKEAT 0859_03_1503 15 Mar 2004 EAT Employment [ Bailii ] Â Goldsborough Limited (Sued As Bupa Care Homes v F Lake UKEAT/859/03 15 Mar 2004 EAT Her Honour Judge A Wakefield Employment EAT Practice and Procedure - Amendment Â Palfrey v Transco Plc UKEAT/0990/03; [2004] UKEAT 0990_03_1503; [2004] IRLR 916 15 Mar 2004 EAT The Honourable Mr Justice Burton Employment EAT Employer gave notice of redundancy to expire on 31 May; termination date brought forward to 31 March with payment in lieu in respect of balance of period. ET found application not brought within 3 months of 31 March out of time. Appeal dismissed. The agreed earlier date constituted an implied withdrawal of the earlier notice or - if necessary concluding TBA Industrial Products Ltd v Morland [1982] ICR 686 to be per incuriam (4 NIRC or EAT decisions not having been addressed) and preferring the minority judgment of Ackner LJ - a variation of that notice. [ EAT ] - [ Bailii ] Â Devlin v Royal Mail [2004] NIIT 2550_02 15 Mar 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Air 2000 Ltd v D Mallam UKEAT/0773/03; [2004] UKEAT 0773_03_1603; UKEAT/0058/04 16 Mar 2004 EAT The Honourable Mrs Justice Cox Employment EAT Unfair Dismissal - Polkey deduction 1 Cites [ Bailii ] - [ EAT ] Â Hill v Turner and Another (T/A DRL) [2004] NIIT 789_03 16 Mar 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Crossley v Faithfull and Gould Holdings Ltd [2004] EWCA Civ 293; Times, 29 March 2004; Gazette, 08 April 2004 16 Mar 2004 CA Sir Andrew Morritt VC, Dyson LJ, Thomas LJ Employment, Insurance, Negligence The employee claimant was to retire. On his employer's negligent advice he resigned and opted for discretionary benefits. Held: The employer owed no general duty of care to an employee's financial interests. Nor could a term requiring such a standard of care be implied within the contract. Rather than focus upon necessity, it was better to before such a standard term could be implied, the court should assess its reasonableness, fairness, and the appropriate balance between employer and employee. Given that the House of Lords had recently refused to introduce such a substantial implied term, it would be wrong for the Court of Appeal to do so. 1 Cites [ Bailii ] Â Sheikh v Independent Tribunal Service Unreported, 16 March 2004 16 Mar 2004 EAT Peter Clark J Employment, Legal Professions Part-time chairmen of social security tribunals were office holders rather than employees and were not Crown employees. 1 Citers Â Comfort v Lord Chancellor's Department [2004] EWCA Civ 349 16 Mar 2004 CA Employment 1 Cites [ Bailii ] Â Finlay v Moira Foods Ltd (Unfair Dismissal) [2004] NIIT 19 16 Mar 2004 NIIT Northern Ireland, Employment [ Bailii ] Â South Tyneside Healthcare NHS Trust v Dr Victoria Feyishola Awotona UKEAT/0599/03 17 Mar 2004 EAT Her Honour Judge Wakefield Employment EAT Practice and Procedure - Review. [ EATn ] Â JP Gallagher and others v Alpha Catering Services Ltd T/A Alpha Flight Services UKEAT/0048/04; [2004] UKEAT 0048_04_1703; [2004] ICR 1489 17 Mar 2004 EAT His Honour Judge J McMullen QC Employment, European EAT Employment Tribunal wrongly focussed on the need for continuity of Respondent's activities, rather than the worker's, and so excluded workers from protection; WTR 21(c), Leave - CA - No error in construing "surge of activity" in WTR 21(d) as the facts. 1 Citers [ Bailii ] - [ EATn ] Â Steel v Thames Valley Police [2004] UKEAT 0793_03_1703 17 Mar 2004 EAT Employment [ Bailii ] Â Edward Needham v University of Warwick UKEAT/0822/03 17 Mar 2004 EAT The Honourable Mrs Justice Cox Employment EAT Unfair Dismissal - Reasonableness of dismissal Â Edward Needham v University of Warwick UKEAT/0822/03 17 Mar 2004 EAT The Honourable Mrs Justice Cox Employment EAT Unfair Dismissal - Reasonableness of dismissal. [ EATn ] Â South Tyneside Healthcare NHS Trust v Dr Victoria Feyishola Awotona UKEAT/0599/03 17 Mar 2004 EAT Her Honour Judge Wakefield Employment EAT Practice and Procedure - Review Â McMillan Williams (a Firm) v Range [2004] EWCA Civ 294; Times, 16 April 2004 17 Mar 2004 CA Ward LJ, Mantell LJ, Jonathan Parker LJ Employment, Contract, Torts - Other The respondent was employed as a solicitor to be paid commission on fees paid. She received advances against those payments. She was dismissed after failing to reach the targets. The employer sought repayment of the excess advances. She replied that the payments were Credit, and void under the Act. Held: The agreement did not provide credit. The solicitor was earning the money, not repaying the advance. At the time of the contract no debt could be said to be created. The contract was essentially a means for payment of remuneration. When entered into either party might owe the other sums, and it could not be predicted which way it would be. It was not a credit agreement, and so was not unenforceable. Consumer Credit Act 1974 8 1 Cites [ Bailii ] Â Steel v Thames Valley Police [2004] UKEAT 0793_03_1703 17 Mar 2004 EAT Employment [ Bailii ] Â Strouthos v London Underground Ltd [2004] EWCA Civ 402; [2004] IRLR 636 18 Mar 2004 CA May, Pill, Dyson LJJ Employment The claimant had been dismissed after being accused of taking a staff car to France and having it impounded for suspected importation of cigarettes and alcohol above personal use limits. Held: "It is a basic proposition, whether in criminal or disciplinary proceedings, that the charge against the defendant or the employee facing dismissal should be precisely framed, and that evidence should be confined to the particulars given in the charge." Length of service is a relevant consideration for a tribunal to take into account when considering the fairness of the employer's aproach. The ET had been entitled to reach the conclusion they did reach. Employment Right Act 1996 98 1 Cites 1 Citers [ Bailii ] Â Staffordshire Sentinel Newspapers Ltd v Potter [2004] UKEAT 0022_04_1803; UKEAT/0022/04 18 Mar 2004 EAT Peter Clarke J Employment EAT Contract of service, or for services. TANTON. McFARLANE. Not a contract for personal service based on express contractual term providing for substitution. ET finding of contract of service overturned. Employer's Appeal allowed. [ Bailii ] - [ ] Â Hill v Turner and Another T/A 'DRL' (Application for Review) [2004] NIIT 21 18 Mar 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Jack v Royal Court Hotel [2004] NIIT 22; [2004] NIIT 1195_03 18 Mar 2004 NIIT Northern Ireland, Employment NIIT Unfair Dismissal / Unlawful Deduction of Wages [ Bailii ] - [ Bailii ] Â Bush v Zurich Financial Services [2004] UKEAT 0832_03_1803 18 Mar 2004 EAT Wakefield J Employment, Discrimination Appeal by claimant against a decision on a preliminary point by an Employment Tribunal at which it was determined that the Appellant was a disabled person within the meaning of Section 1(1) of the Disability Discrimination Act 1995 in the period 23 November 1998 to 15 September 2000 but was not such a person in the subsequent period 16 September 2000 to 10 January 2003. Discrimination Act 1995 1(1) [ Bailii ] Â Merino Gomez v Continental Industrias del Caucho SA C-342/01; [2004] EUECJ C-342/01; [2005] ICR 1040 18 Mar 2004 ECJ European, Employment Where the dates of a worker's maternity leave coincided with those of the general annual leave fixed, by a collective agreement, for the entire workforce, the requirements of the Working Times Directive relating to paid annual leave could not be regarded as having been met. The court said: "The entitlement of every worker to paid annual leave must be regarded as a particularly important principle of Community social law from which there can be no derogations and whose implementation by the competent national authorities must be confined within the limits expressly laid down by Directive 93/104. It is significant in that connection that that Directive also embodies the rule that a worker must normally be entitled to actual rest, with a view to ensuring effective protection of his health and safety, since it is only where the employment relationship is terminated that article 7(2) permits an allowance to be paid in lieu of paid annual leave. The purpose of the entitlement to annual leave is different from that of the entitlement to maternity leave. Maternity leave is intended, first, to protect a woman's biological condition during and after pregnancy and, secondly, to protect the special relationship between a woman and her child over the period which follows pregnancy and childbirth." 1 Citers [ Bailii ] Â Lodwick v London Borough of Southwark [2004] EWCA Civ 306; Times, 09 April 2004; [2004] ICR 884; [2004] IRLR 554 18 Mar 2004 CA Lord Justice Pill Lord Justice Latham Employment The claimant alleged bias on the part of the employment appeal tribunal chairman hearing his appeal. The chairman refused to stand down, saying that he was only one of three tribunal members with an equal vote. The chairman had four year's previously made adverse comments about the applicant in a case in which he had appeared as a union representative. Held: The reasons given by the tribunal were deficient. Without evidence as to what had occurred at the tribunal, it was not possible for the Court of Appeal to resolve the factual issues as to whether there had been bias. The test was whether a fair-minded and informed observer would see a real possibility of bias. The case was remitted to the EAT with a direction that the appeal to it had been on a question of law, and that it therefore had had jurisdiction. The award of costs was misconceived. Employment Tribunals (Constitution and Rules of Procedure) Regulations 2001 1 Cites 1 Citers [ Bailii ] Â Governing Body of Cardinal Newman Roman Catholic School v Reid UKEAT/0013/04 18 Mar 2004 EAT Her Honour Judge Wakefield Employment EAT Unfair Dismissal - Procedural fairness/automatically unfair dismissal. [ EAT ] Â In Morrison v Hesley Lifecare Services Ltd UKEAT/0534/03 19 Mar 2004 EAT His Honour Judge Mcmullen QC Employment EAT Practice and Procedure - Costs 1 Cites 1 Citers Â Penroy Ltd (T/A Rainbow International) v Harris [2004] UKEAT 0081_04_1903 19 Mar 2004 EAT Employment [ Bailii ] Â Penroy Ltd T/A Rainbow International v Tw Harris UKEAT/0081/04 19 Mar 2004 EAT Her Honour Judge Wakefield Employment EAT Unfair Dismissal - Compensation Â In Morrison v Hesley Lifecare Services Ltd UKEAT/0262/03; [2004] UKEAT 0262_03_1903 19 Mar 2004 EAT His Honour Judge Mcmullen QC Employment EAT Public Interest Disclosure 1 Cites 1 Citers [ Bailii ] Â Penroy Ltd T/A Rainbow International v Tw Harris UKEAT/0081/04 19 Mar 2004 EAT Her Honour Judge Wakefield Employment EAT Unfair Dismissal - Compensation. [ EATn ] Â Obasa v Chisholm and others [2004] EWCA Civ 432 19 Mar 2004 CA Discrimination, Employment [ Bailii ] Â In Morrison v Hesley Lifecare Services Ltd UKEAT/0534/03 19 Mar 2004 EAT His Honour Judge Mcmullen Qc Employment EAT Practice and Procedure - Costs. [ EATn ] Â In Morrison v Hesley Lifecare Services Ltd UKEAT/0262/03 19 Mar 2004 EAT His Honour Judge Mcmullen Qc Employment EAT Public Interest Disclosure - (no sub-topic). [ EATn ] Â Philip Hyde v Lehman Brothers Limited UKEAT/0184/04; UKEAT/0121/04 22 Mar 2004 EAT The Honourable Mrs Justice Cox Employment EAT Unlawful Deduction from Wages EAT Unlawful Deduction from Wages - (no sub-topic). 1 Citers [ EATn ] Â Margaret Malcolm v Dundee City Council EATS/0070/03; [2004] UKEAT 0070_03_2303 23 Mar 2004 EAT The Honourable Lord Johnston Employment EAT Practice and Procedure - Split hearings [ Bailii ] Â Henning v IDS Media Group [2004] NIIT 5260_03 23 Mar 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Theodorakis v Council T-310/02; [2004] EUECJ T-310/02; [2004] EUECJ T-310/02 23 Mar 2004 ECFI Employment (Judgment) [ Bailii ] - [ Bailii ] Â Ritchie and others v Scottish Children'S Reporter Administration [2004] UKEAT 0043_03_2303 23 Mar 2004 EAT Employment [ Bailii ] Â El-Hoshi v Pizza Express Restaurants Ltd [2004] UKEAT 0857_03_2303 23 Mar 2004 EAT Employment [ Bailii ] Â the Environment Agency v S Evans UKEAT/0834/03 23 Mar 2004 EAT His Honour Judge Peter Clark Employment EAT Unfair Dismissal - Reasonableness of dismissal Â B Cookson and Son Ltd v Tony Stobbs UKEAT/0890/03 23 Mar 2004 EAT Her Honour Judge Wakefield Employment EAT Unfair Dismissal - Mitigation of loss. [ EAT ] Â the Environment Agency v S Evans UKEAT/0834/03 23 Mar 2004 EAT His Honour Judge Peter Clark Employment EAT Unfair Dismissal - Reasonableness of dismissal. [ EATn ] Â I El-Hoshi v Pizza Express Restaurants UKEAT/0857/03 23 Mar 2004 EAT His Honour Judge Mcmullen Qc Employment EAT Public Interest Disclosure - (no sub-topic). [ EATn ] Â Kenneth William Ritchie and 2 Ors v Scottish Children's Reporter Administration EATS/0043/03 23 Mar 2004 EAT The Honourable Lord Johnston Employment EAT Unlawful Deduction from Wages - (no sub-topic). [ EATn ] Â Margaret Malcolm v Dundee City Council EATS/0070/03 23 Mar 2004 EAT The Honourable Lord Johnston Employment EAT Practice and Procedure - Split hearings. [ EATn ] Â I El-Hoshi v Pizza Express Restaurants UKEAT/0857/03 23 Mar 2004 EAT His Honour Judge Mcmullen QC Employment EAT Public Interest Disclosure Â Kenneth William Ritchie and 2 Others v Scottish Children's Reporter Administration EATS/0043/03 23 Mar 2004 EAT The Honourable Lord Johnston Employment EAT Unlawful Deduction from Wages Â The British Medical Association v Rajendra Chaudhary UKEAT/0804/; [2004] UKEAT 1351_01_2403; UKEAT/1351/01/DA 24 Mar 2004 EAT The Honourable Mrs Justice Cox Discrimination, Employment EAT Race Discrimination - Indirect [ Bailii ] - [ EATn ] Â James Davidson v Industrial and Marine Engineering Services Ltd EATS/0071/03 24 Mar 2004 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Exclusions including worker Â T B Turbos Ltd v C E Davies UKEAT/0231/04 24 Mar 2004 EAT The Honourable Mrs Justice Cox Employment EAT Practice and Procedure - Preliminary issues Â T B Turbos Ltd v Davies [2004] UKEAT 0231_04_2403 24 Mar 2004 EAT Employment [ Bailii ] Â Douglas Forbes v Salamis (Marine and Industrial) Ltd EATS/0085/03; [2004] UKEAT 0085_03_2403 24 Mar 2004 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Exclusions including worker/jurisdiction. [ Bailii ] - [ EATn ] Â James Davidson v Industrial and Marine Engineering Services Ltd EATS/0071/03 24 Mar 2004 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Exclusions including worker/jurisdiction. [ EATn ] Â T B Turbos Ltd v C E Davies UKEAT/0231/04 24 Mar 2004 EAT The Honourable Mrs Justice Cox Employment EAT Practice and Procedure - Preliminary issues. [ EATn ] Â Ms A Webley v Department of Work and Pensions UKEAT/0033/04 24 Mar 2004 EAT His Hon Judge Clark Employment EAT Practice and Procedure - Compromise. [ EATn ] Â Davidson v Industrial and Marine Engineering Services Ltd [2004] UKEAT 0071_03_2403 24 Mar 2004 EAT Employment [ Bailii ] Â A Webley v Department of Work and Pensions UKEAT/0033/04 24 Mar 2004 EAT His Hon Judge Clark Employment EAT Practice and Procedure - Compromise 1 Cites 1 Citers Â Mcaleese v Royal Hospitals Trust [2004] NIIT 9509_03 25 Mar 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Regal Travel and Tours Ltd v Patil and others [2004] UKEAT 1002_03_2503 25 Mar 2004 EAT Cox J Employment EAT Practice and Procedure Challenge to ET's decision on a preliminary issue not to "disjoin" the Appellant employers from the proceedings after a new cause of action (TUPE) was identified for the first time at the hearing, necessitating an application for amendments to the IT1 and consideration of the jurisdictional issues. Appeal allowed. [ Bailii ] Â Mcaleese v Royal Hospitals Trust (Unfair Dismissal) [2004] NIIT 23 25 Mar 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Morrisey v BBC Northern Ireland (Unfair Dismissal) [2004] NIIT 24 25 Mar 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Morrissey v BBC Northern Ireland [2004] NIIT 6431_03 25 Mar 2004 NIIT Northern Ireland, Employment [ Bailii ] Â D Bamsey and others v Albon Engineering and Manufacturing Plc [2004] EWCA Civ 359; Times, 15 April 2004; [2004] IRLR 457; [2004] ICR 1083 25 Mar 2004 CA Lord Justice Auld Lord Justice May Lord Justice Jacob Employment The applicants worked under an arrangement where they received considerable payments additional to their basic pay for compulsory overtime, but the holiday pay was calculated by the employer on the basic pay. Held: The 1998 Regulations were intended to protect workers, but the directive did not require any payment over and above the contractual entitlement. The method of calculation of holiday pay had been left to the discretion of the member states, though some form of calculation was essential to any provision. The differences between regulations showed that it was not intended to grant a right beyond the contractual one. Employment Rights Act 1996 221 222 223 224 - Working Time Regulations 1998 16 1 Cites 1 Citers [ Bailii ] Â William Grant and Sons Ltd v Devlin [2004] UKEAT 0074_03_2503; EATS/0074/03 25 Mar 2004 EAT Lord Johnston Employment, Scotland The ET had decided that the employee's dismissal had been unfair on grounds including that the employer had taken account of an expired warning. Held: The decision was upheld. Lord Johnston said: "a final written warning, which is given a time limit, becomes null and void at the expiry of that time limit and should not be used for any purpose. Accordingly, we agree with the Tribunal that the employer should not have taken this into account and undoubtedly did. " 1 Citers [ Bailii ] - [ EATn ] Â Regal Travel and Tours Ltd v H Patil, N Naidu, Kerai Management Consultants, Rb Kerai UKEAT/1002/03 25 Mar 2004 EAT The Honourable Mrs Justice Cox Employment EAT Practice and Procedure - Preliminary issues. [ EATn ] Â Jennings v Lakeside Water Services Ltd EATS/0066/03; [2004] UKEAT 0066_03_2503 25 Mar 2004 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Exclusions including worker/jurisdiction. [ Bailii ] - [ EAT ] Â Â Maxwell v The Blind Centre (NI); NIIT 26-Mar-2004 - [2004] NIIT 2135_02 Â Moyo v Tower Hamlets Consortium [2004] UKEAT 0639_03_2603; UKEAT/0639/03 26 Mar 2004 EAT His Honour Judge Clark Employment, Discrimination EAT Race Discrimination - Victimisation. 1 Cites 1 Citers [ Bailii ] - [ EATn ] Â Â Amateur Boxing England Ltd v KG Travis; EAT 26-Mar-2004 - UKEAT/0108/04 Â Â McDougall and Another v Glasgow City Council; EAT 26-Mar-2004 - [2004] UKEAT 0073_03_2603 Â Â Grimley v Turner and Jarvis Co Ltd; EAT 26-Mar-2004 - [2004] UKEAT 0967_03_2603; UKEAT/0967/03 Â Powermarque Limited v G Sykes UKEAT/0954/03 29 Mar 2004 EAT The Honourable Mr Justice Burton Employment EAT Redundancy - Contractual scheme Â Mcleod and others (Formerly Know By the Title Henry and others v London Genreal Transport Services Ltd UKEAT/973/03 29 Mar 2004 EAT His Hon Judge Clark Employment EAT Unlawful Deduction from Wages Â Walker v Dundee Autos Ltd and Another (Breach of Contract / Redundancy) [2004] NIIT 25 29 Mar 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Mcleod and others (Formerly Know By the Title Henry and others v London Genreal Transport Services Ltd UKEAT/973/03 29 Mar 2004 EAT His Hon Judge Clark Employment EAT Unlawful Deduction from Wages - (no sub-topic). [ EATn ] Â Powermarque Ltd v Sykes [2004] UKEAT 0954_03_2903 29 Mar 2004 EAT Employment [ Bailii ] Â Powermarque Limited v G Sykes UKEAT/0954/03 29 Mar 2004 EAT The Honourable Mr Justice Burton Employment EAT Redundancy - Contractual scheme. [ EATn ] Â Walker v Dundee Autos Ltd and Another [2004] NIIT 8916_03 29 Mar 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Hillman v BBC Resources Ltd UKEAT/0815/03; [2004] UKEAT 0815_03_3003 30 Mar 2004 EAT His Honour Judge Prophet Employment, Discrimination EAT Alleged failure by the ET to make appropriate findings of fact, to deal properly with issue of comparators, and to follow the process indicated in the Barton case in respect of the transfer of the burden of proof (section 63A Sex Discrimination Act 1975) - all dismissed - no order for costs.- leave to appeal to the Court of Appeal. Sex Discrimination Act 1975 63A 1 Citers [ Bailii ] - [ EATn ] Â S Hassan v Intra-Tech Healthcare Ltd UKEAT/0050/04 30 Mar 2004 EAT The Honourable Mr Justice Burton Employment EAT Unfair Dismissal - Constructive dismissal Â S Hassan v Intra-Tech Healthcare Ltd UKEAT/0050/04 30 Mar 2004 EAT The Honourable Mr Justice Burton Employment EAT Unfair Dismissal - Constructive dismissal. [ EATn ] Â Hassan v Intra-Tech Healthcare Ltd [2004] UKEAT 0050_04_3003 30 Mar 2004 EAT Employment [ Bailii ] Â BNP Paribas v A Mezzotero UKEAT/0218/04/RN; [2004] UKEAT 0218_04_3003; UKEAT/0218/04; [2004] IRLR 508 30 Mar 2004 EAT Cox J Employment EAT Appeal from ET's decision, at directions hearing, permitting evidence to be adduced, at the forthcoming hearing of a direct sex discrimination and victimisation complaint, of the Applicant's allegation that, at a meeting expressed to be "without prejudice", her employers sought to terminate her employment following a grievance raised by her about her treatment on return from maternity leave. Appeal dismissed. The applicability of and exceptions to the "without prejudice" rule in such circumstances. Was there an extant dispute as to termination of her employment? Did the employers' conduct fall within the "abuse" exception to the rule? 1 Cites 1 Citers [ Bailii ] - [ EATn ] Â Yearwood v The Commissioner of Police for the Metropolis A Fisher UKEAT/0310/03; [2004] UKEAT 0310_03_2805 30 Mar 2004 EAT McMullen QC HHJ Discrimination, Employment EAT Sex Discrimination - Vicarious liability 1. The reference to agency in the SDA and RRA is to agency at common law. There is no alternative construction, in order to give effect to the purpose of the ET Directive. 2. A police officer appointed as investigating or supervising officer in statutory police disciplinary proceedings is not the agent of the chief officer of police who is not liable for unlawful discrimination by those officers. A civilian officer may be an agent or may be carrying out management functions for which the chief officer is responsible. 3. Delay in re-fixing an adjourned hearing may make the Decision unsafe. [ Bailii ] - [ EAT ] Â Omilaju v London Borough of Waltham Forest UKEAT/941/03; [2004] UKEAT 0941_03_3103 31 Mar 2004 EAT His Hon Judge Prophet Employment EAT Unfair Dismissal Constructive Dismissal A novel point on whether the 'last straw' in a constructive dismissal case has to involve at least some blameworthy or unreasonable conduct by the employer - as found by the ET - our decision was that the perception of the employee at the time is relevant. Leave to appeal granted. 1 Cites 1 Citers [ Bailii ] - [ EATn ] Â Gussetti v Commission T-312/02; [2004] EUECJ T-312/02 1 Apr 2004 ECFI Employment (Judgment) Officials. [ Bailii ] Â Â Barber v Somerset County Council; HL 1-Apr-2004 - [2004] UKHL 13; Times, 05 April 2004; [2004] 1 WLR 1089; (2004) 77 BMLR 21; [2004] 2 All ER 385; [2004] ELR 199; [2004] ICR 457; [2004] IRLR 475; [2004] PIQR P3 Â Healey-Fenton v Group 7 Plc and others [2004] NIIT 2731_01 1 Apr 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Levinson v Pickfords Ltd [2004] UKEAT 0985_03_0204 2 Apr 2004 EAT Employment [ Bailii ] Â Scott v Inland Revenue [2004] EWCA Civ 400; Times, 19 April 2004; [2004] IRLR 713; [2004] ICR 1410 2 Apr 2004 CA Lord Justice Sedley, Lord Justice Wall, And Mr Justice Pumfrey Employment The employee had claimed damages for unfair dismissal. The Revenue had subsequently changed its policy on retirement, but did not disclose this to the claimant. The change would have altered the calculation of the damages. Held: A calculation based upon the new policy would have resulted in a larger multiplicand for the loss of earnings. Although the change in policy later came into the public domain, it was not disclosed when the change occurred, and the revenue, having originally disclosed the first policy remained under a continuing obligation to disclose the change. The court would not have power to remit the case on that ground since the point was known but unpursued at the EAT, but since it was being remitted on other grounds, the parties might reconsider their submissions. The relevant question in considering whether the pursuit, or defence, of a claim was misconceived was not whether the party in question thought they were right but whether they had reasonable grounds for so thinking. 1 Cites 1 Citers [ Bailii ] Â A Levinson v Pickfords Ltd UKEAT/0985/03 2 Apr 2004 EAT His Honour Judge Prophet Employment EAT Unfair Dismissal - Constructive dismissal Â A Levinson v Pickfords Ltd UKEAT/0985/03 2 Apr 2004 EAT His Honour Judge Prophet Employment EAT Unfair Dismissal - Constructive dismissal. [ EATn ] Â Governing Body of the Plume School Maldon v Lewis UKEAT/0101/04 5 Apr 2004 EAT His Honour Judge Birtles Employment EAT Unlawful Deduction from Wages - (no sub-topic). [ EATn ] Â Governing Body of the Plume School Maldon v M Lewis UKEAT/0101/04 5 Apr 2004 EAT His Honour Judge Birtles Employment EAT Unlawful Deduction from Wages Â London Borough of Enfield v Sivanandan [2004] EWHC 672 (QB) 5 Apr 2004 QBD Jowitt Sir E Employment 1 Cites 1 Citers [ Bailii ] Â Lawlor v Lex Plc (T/A RAC Motoring Services) [2004] UKEAT 0765_03_0604 6 Apr 2004 EAT Employment 1 Cites [ Bailii ] - [ Bailii ] Â Kane v North Eastern Education and Library Board [2004] NIIT 2521_01 6 Apr 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Bower v Stevens and Another [2004] EWCA Civ 496; Times, 24 May 2004 6 Apr 2004 CA Lord Justice Potter, Lord Justice Longmore, Lord Justice Maurice Kay Employment The claimant had been employed by the respondents, partners in a former firm of solicitors. On the retirement of one partner, the practice was continued by the sole remaining partner, who claimed that the dissolution broke the continuity of the employment so as to defeat her application for unfair dismissal. Held: The dissolution of the partnership did not break the continuity of employment. "the purpose of section 218(5) is to protect an employee in the enjoyment of his statutory rights notwithstanding changes of personnel in the partnership or among the personal representatives or trustees who employ him. " Employment Rights Act 1996 218(5) 1 Cites [ Bailii ] Â Spence v Install International Limited (Breach of Contract) [2004] NIIT 26 6 Apr 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Jones v Montgomery Tank Services [2004] NIIT 9031_03 6 Apr 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Ministry of Defence v Armstrong and Another [2004] UKEAT 1239_02_0704; [2004] UKEAT 1239_02_0704; [2004] IRLR 672 7 Apr 2004 EAT Cox J Employment, Discrimination The MOD (the Appellants) contend that the Employment Tribunal erred in law in holding, in a Decision promulgated on 17 September 2002 after a preliminary hearing, that they had not established a "material factor" defence to the Respondents' claims for equal pay, pursuant to the provisions of the Equal Pay Act 1970 and Article 141 of the Treaty of Rome. [ Bailii ] - [ Bailii ] Â M F Katchi v Royal Mail Group Plc UKEAT/0881/04 12 Apr 2004 EAT The Honourable Mr Justice Rimer Employment EAT Unfair Dismissal - Procedural fairness/automatically unfair dismissal. [ EATn ] Â Prebon Marshall Yamane (Uk) Limited v Rose UKEAT/0419/03 14 Apr 2004 EAT His Honour Judge Birtles Employment EAT Equal Pay Act - Work rated equivalent. 1 Cites 1 Citers [ EATn ] Â Prebon Marshall Yamane (Uk) Limited v Rose UKEAT/1002/02 14 Apr 2004 EAT His Honour Judge Birtles Employment EAT Equal Pay Act - Equal value 1 Cites 1 Citers [ EATn ] Â Knowsley Metropolitan Borough Council and Another v Mcgovern [2004] UKEAT 1001_03_1504 15 Apr 2004 EAT Employment [ Bailii ] Â 1) Knowsley Metropolitan Borough Council 2) the Governors of Brookside Primary School v H Mcgovern UKEAT/1001/03 15 Apr 2004 EAT His Honour Judge Birtles Employment EAT Time Limits - Just and equitable extension. [ EATn ] Â Royal Mail Group Plc v T Spence UKEAT/0992/03 16 Apr 2004 EAT His Honour Judge Birtles Employment EAT Time Limits - Just and equitable extension. [ EATn ] Â Royal Mail Group Plc v T Spence UKEAT/0992/03 16 Apr 2004 EAT His Honour Judge Birtles Employment EAT Time Limits - Just and equitable extension Â Killen v Smtek Europe Ltd and Another [2004] NIIT 3980_03 19 Apr 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Mcateer v Vetro-Seal (Ni) Ltd [2004] NIIT 2449_03 20 Apr 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Towell v Craig and Another [2004] NIIT 1714_03 20 Apr 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Photo Corporation (UK) Ltd v Truelove [2004] UKEAT 054_04_2806; UKEAT/0054/04 20 Apr 2004 EAT His Honour Judge Clark Employment EAT Unfair Dismissal - Compensation - Polkey deduction - decision on remission - whether Meek-compliant - whether ET assessment unsustainable on facts found. 1 Cites 1 Citers [ Bailii ] - [ EATn ] Â R L Firth v Brc Barnsley Ltd [2004] UKEAT 0034_04_2004; UKEAT/0034/04 20 Apr 2004 EAT His Honour Judge Prophet Employment EAT Practice and Procedure - Review 1 Cites [ Bailii ] - [ EATn ] Â Dixon v Automobile Association Ltd [2004] UKEAT 0874_03_2004 20 Apr 2004 EAT Employment [ Bailii ] Â Towell v Craig and Another (Pre-Hearing Review) [2004] NIIT 28 20 Apr 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Mcateer v Vetro-Seal (Ni) Limited (Unfair Dismissal) [2004] NIIT 27 20 Apr 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Mann v Crossgar Poultry Ltd [2004] NIIT 4559_03 21 Apr 2004 NIIT Northern Ireland, Employment [ Bailii ] Â M E Choudhury v Inkfish Call Centres UKEAT/0109/04 21 Apr 2004 EAT His Honour Judge Clark Employment EAT Practice and Procedure - Bias, misconduct and procedural irregularity. [ EATn ] Â Mann v Crossgar Poultry Ltd (Unfair Dismissal) [2004] NIIT 29 21 Apr 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Cooke v Glenrose Fish Company UKEAT/0064/04; [2004] UKEAT 0064_04_2104; [2004] IRLR 86; [2004] ICR 1188 21 Apr 2004 EAT Burton J P Employment EAT Practice and Procedure On non-appearance by Applicant (as it turned out, due to negligence by his solicitor), the tribunal proceeded, and dismissed his claim: it then refused to hear a Review because of the wasted hearing and of the existence of a remedy against the solicitor. Bartholomew reconsidered (ET does not need to telephone a party on non-attendance but should certainly consider doing so (and should have done so in this case, where solicitors on the record)). Review should have been granted. Remedy against solicitors not material - and costs (upon undertaking by the solicitors to meet any order) sufficient to resolve prejudice. 1 Citers [ Bailii ] - [ Bailii ] - [ EATn ] - [ EATn ] Â Choudhury v Inkfish Call Centres [2004] UKEAT 0109_04_2104 21 Apr 2004 EAT Employment [ Bailii ] Â M E Choudhury v Inkfish Call Centres UKEAT/0109/04 21 Apr 2004 EAT His Honour Judge Clark Employment EAT Practice and Procedure - Bias, misconduct and procedural irregularity Â Mclaughlin v Western Education and Library Board [2004] NIIT 2688_02 22 Apr 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Mcquoid v Vanguard Rental Corp [2004] NIIT 1511_03 22 Apr 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Prosperis Ltd Hlw 180 Ltd v S Spencer Ward Evans (Financial Services) Ltd (In Administration) UKEAT/0988/03; [2004] UKEAT 0988_03_1705 22 Apr 2004 EAT The Honourable Mr Justice Silber Employment EAT Transfer of Undertakings - Transfer [ Bailii ] Â Prosperis Ltd, Hlw 180 Ltd v S Spencer, Ward Evans (Financial Services) Ltd (In Administration) UKEAT/0988/03 22 Apr 2004 EAT The Honourable Mr Justice Silber Employment EAT Transfer of Undertakings - Transfer. [ EATn ] Â Caves v Board of Governors of Campbell College [2004] NIIT 3760_01; [2004] NIFET 3760_01 23 Apr 2004 NIIT Northern Ireland, Employment 1 Cites [ Bailii ] Â Lisk-Carew v Birmingham City Council [2004] EWCA Civ 565 23 Apr 2004 CA Employment, Discrimination Whether there had been victimisation after discrimination claim. [ Bailii ] Â Paterson and others v London Borough of Islington and others [2004] UKEAT 0347_03_2304 23 Apr 2004 EAT Rimer J Employment, Discrimination Equal Pay Act 1970 1 Citers [ Bailii ] Â Redrow Homes (Yorkshire) Ltd v B Wright; Redrow Homes (North West) v K Roberts and others [2004] EWCA Civ 469 23 Apr 2004 CA Lord Justice Pill Lord Justice Latham Holman Mr Justice Holman Employment Working Time Regulations 1998 [ Bailii ] Â Â MacSherry v First Active Strategic Distribution Ltd; NIIT 26-Apr-2004 - [2004] NIIT 141_03 Â Â Uzoho v Anglian Water Services Ltd; EAT 26-Apr-2004 - [2004] UKEAT 00915_03_2604 Â Â MacSherry v First Active Strategic Distribution Ltd (Striking Out); NIIT 26-Apr-2004 - [2004] NIIT 30 Â Â McLeod and others v London General Transport Services Ltd; EAT 26-Apr-2004 - [2004] UKEAT 0973_03_2604 Â Â Regina (Amicus etc) v Secretary of State for Trade and Industry; Admn 26-Apr-2004 - [2004] EWHC 860 (Admin); [2004] IRLR 430; [2007] ICR 1176 Â James Mclaughlin Scott v Strathclyde Fire Board EATS/0050/03 26 Apr 2004 EAT The Honourable Mr Justice Burton (P) Employment EAT Unlawful Deduction from Wages - (no sub-topic). [ EATn ] Â Â McLeod and others v London General Transport Services Ltd; EAT 26-Apr-2004 - [2004] UKEAT 0973_03_2604 Â James Mclaughlin Scott v Strathclyde Fire Board EATS/0050/03; [2004] UKEAT 0050_03_2604 26 Apr 2004 EAT The Honourable Mr Justice Burton (P) Employment EAT Unlawful Deduction from Wages [ Bailii ] Â Kirkcaldy Out of Hours Gp Co-Operative v Dr Arun Goyal and others EATS/0083/03 27 Apr 2004 EAT The Honourable Mr Justice Burton (P) Employment EAT Practice and Procedure - Application/Claim. [ EATn ] Â Kirkcaldy Out of Hours Gp Co-Operative v Dr Arun Goyal and others EATS/0083/03 27 Apr 2004 EAT The Honourable Mr Justice Burton (P) Employment EAT Practice and Procedure - Application Â Goyal v Fife Health Board and Another [2004] UKEAT 0083_03_2704 27 Apr 2004 EAT Burton J P Employment, Discrimination EAT 1. Employment Tribunal Chairmen should always number the paragraphs of their decisions and use consecutive paragraph numbering in doing so (and with as few subparagraphs as possible, but if using such should continue the main paragraph number e.g. 12.1, 12.2 etc). 2. Employment Tribunal failed to comply with Zafar and Bahl in finding direct (while rejecting indirect) race discrimination and without setting out and rejecting non-discriminatory justifications: remitted to fresh tribunal: Applicant's cross-appeal on quantum dismissed. [ Bailii ] Â Clarke v Frank Staddon Ltd. [2004] EWCA Civ 422 28 Apr 2004 CA Employment Working Time Directive 93/104/EC [ Bailii ] Â Pascall v Council T-277/02; [2004] EUECJ T-277/02 28 Apr 2004 ECFI Employment (Judgment) Officials - Open competition - Action for annulment. [ Bailii ] Â Diageo v Ms Denise Thomson EATS/0064/03 29 Apr 2004 EAT The Honourable Mr Justice Burton (P) Employment EAT Equal Pay Act - Article 141 [ EATn ] Â Diageo Plc v Thomson [2004] UKEAT 0064_03_2904 29 Apr 2004 EAT Employment [ Bailii ] Â SP Bunce v Postworth Ltd T/A Skyblue, Great Railway Maintenance Ltd T/A Carillion Rail UKEAT/0052/04 29 Apr 2004 EAT His Honour Judge Clark Employment EAT Contract of Employment - Definition of employee. 1 Citers [ EATn ] Â Adams v Th Clarke and Co [2004] NIIT 4431_03 29 Apr 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Diageo v Denise Thomson EATS/0064/03 29 Apr 2004 EAT The Honourable Mr Justice Burton (P) Employment EAT Equal Pay Act - Article 141 Â Wilson (HM Inspector of Taxes) v Clayton [2004] EWHC 898 (Ch); Times, 07 June 2004; Gazette, 13 May 2004; [2004] STC 1022 29 Apr 2004 ChD The Honourable Mr Justice Patten Income Tax, Employment Taxability of compensation paid on compromise of claims after dismissal. The employer introduced new terms, withdrawing car benefits. Having refused the new terms the taxpayer was dismissed. A tribunal held him unfairly dismissed. The council re-instated him and others and made a compensatory payment. The Revenue contended that the re-instatement made the payment taxable. Held: The cases of Hochstrasser and Wilmshurst set the test for what wa staxable pay. This payment resulted from a negotiated settlement, and was directly consequential of the dismissal and finding of unfair dismissal. The payment was not taxable because it was under £30,000. Income and Corporation Taxes Act 1988 148 1 Cites 1 Citers [ Bailii ] Â Care First Health Care Limited v Neil Mclaren UKEAT/0982/03 30 Apr 2004 EAT The Honourable Mr Justice Silber Employment EAT Unfair Dismissal - Procedural fairness/automatically unfair dismissal. [ EATn ] Â Lavery v Complete Homecare Limited (Redundancy Pay / Pay In Lieu of Notice / Holiday Pay) [2004] NIIT 32 30 Apr 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Owens v Mclaughlin (Holiday Pay) [2004] NIIT 33 30 Apr 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Lavery v Complete Homecare Ltd [2004] NIIT 4517_03 30 Apr 2004 NIIT Northern Ireland, Employment [ Bailii ] Â London Borough of Islington v Guest [2004] UKEAT 0129_04_3004 30 Apr 2004 EAT Employment Applying recent authorities, the EAT has power prior to a full hearing to remit to an Employment Tribunal an issue in the case upon which it did not make a decision or upon which it made a decision but gave no reasons for it. [ Bailii ] Â Cables Maintenance and Engineering Ltd v Adrian Sudworth EATS/0078/03 30 Apr 2004 EAT The Honourable Mr Justice Burton (P) Employment EAT Unfair Dismissal - Exclusions including worker/jurisdiction. [ EATn ] Â Care First Health Care Limited v Neil Mclaren UKEAT/0982/03; [2004] UKEAT 0982_03_2106 30 Apr 2004 EAT The Honourable Mr Justice Silber Employment EAT Unfair Dismissal - Procedural fairness [ Bailii ] Â Cassidy v Woodbury Investments Ltd [2004] NIIT 9173_03 30 Apr 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Cables Maintenance and Engineering Ltd v Adrian Sudworth EATS/0078/03 30 Apr 2004 EAT The Honourable Mr Justice Burton (P) Employment EAT Unfair Dismissal - Exclusions including worker Â Cassidy v Woodbury Investments Ltd (Unpaid Wages) [2004] NIIT 31 30 Apr 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Owens v Dundee Autos Ltd [2004] NIIT 9511_03 30 Apr 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Owens v Mclaughlin [2004] NIIT 9585_03 30 Apr 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Cables Maintenance and Engineering Ltd v Sudworth [2004] UKEAT 0078_03_3004 30 Apr 2004 EAT Employment [ Bailii ] Â Bp Kilgallon and others v Pilkington United Kingdom Limited UKEAT/0771/03 4 May 2004 EAT His Honour Judge Birtles Employment EAT Redundancy - Definition [ EATn ] Â M D Miller v Secretary of State for Home Affairs UKEAT/0926/03 4 May 2004 EAT His Honour Judge Clark Employment EAT Contract of Employment - Definition of employee Â Scottish Courage Brewing Ltd v Stefan Berry UKEAT/0079/04 4 May 2004 EAT The Honourable Mr Justice Silber Employment EAT Redundancy - Contractual scheme [ EATn ] Â M D Miller v Secretary of State for Home Affairs UKEAT/00926/03 4 May 2004 EAT His Honour Judge Clark Employment EAT Contract of Employment - Definition of employee. [ EATn ] Â BP Kilgallon and others v Pilkington United Kingdom Limited UKEAT/0771/03 4 May 2004 EAT His Honour Judge Birtles Employment EAT Redundancy - Definition Â M D Miller v Secretary of State for Home Affairs UKEAT/00926/03; [2004] UKEAT 00926_03_0405 4 May 2004 EAT His Honour Judge Clark Employment EAT Contract of Employment - Definition of employee [ Bailii ] Â Jones v Lieutenant Colonel Roberts and Another (Preliminary Hearing) [2004] NIIT 34 4 May 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Jones v Roberts [2004] NIIT 162_03 4 May 2004 NIIT Northern Ireland, Employment [ Bailii ] Â M D Miller v Secretary of State for Home Affairs UKEAT/0926/03 4 May 2004 EAT His Honour Judge Clark Employment EAT Contract of Employment - Definition of employee. [ EATn ] Â Dr Mf Soliman-Hassan v General Medical Council UKEAT/0255/04; [2004] UKEAT 0255_04_0505 5 May 2004 EAT His Honour Judge Clark Employment EAT Practice and Procedure - Bias, misconduct and procedural irregularity [ Bailii ] Â Dr Mf Soliman-Hassan v General Medical Council UKEAT/0255/04 5 May 2004 EAT His Honour Judge Clark Employment EAT Practice and Procedure - Bias, misconduct and procedural irregularity. [ EATn ] Â Industrial Chemicals Ltd v John Micheal Reeks, James Patrick Hill, Robert Victor Cooper, Robert Steven Lucas, Paul Plom, Lee John Dickens, Peter Higgins, Alec Uren UKEAT/0076/04 5 May 2004 EAT His Honour Judge Birtles Employment EAT Redundancy - Protective award. 1 Citers [ EATn ] Â B Bowman v Ito (Watford) Ltd UKEAT/0127/04 6 May 2004 EAT His Honour Judge Birtles Employment EAT Practice and Procedure - Service Â B Bowman v ITO (Watford) Ltd UKEAT/0127/04 6 May 2004 EAT His Honour Judge Birtles Employment EAT Practice and Procedure - Service. [ EATn ] Â Shodeke v Hill and others [2004] UKEAT 0394_00_0605 6 May 2004 EAT Employment [ Bailii ] Â Bowman v Ito (Watford) Ltd [2004] UKEAT 0127_04_0605 6 May 2004 EAT Employment [ Bailii ] Â Heatley v Abbey Printing Services Ltd and Another (Redundancy Pay) [2004] NIIT 35 7 May 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Stephen Melvyn Evans v Dsdc UKEAT/0796/03 7 May 2004 EAT His Honour Judge Prophet Employment EAT Unfair Dismissal - Contributory fault Â Stephen Melvyn Evans v Dsdc UKEAT/0796/03 7 May 2004 EAT His Honour Judge Prophet Employment EAT Unfair Dismissal - Contributory fault. [ EATn ] Â Heatley v Abbey Printing Service Ltd and Another [2004] NIIT 3941_03 7 May 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Olatokun v Ikon Office Solutions UKEAT/0074/04; [2004] UKEAT 0074_04_1005 10 May 2004 EAT The Honourable Mr Justice Burton Discrimination, Employment EAT Race Discrimination - Direct EAT Race Discrimination - Direct 1 Citers [ Bailii ] - [ EATn ] Â Clail v Kearney and Another (T/A Ballymena Meats) [2004] NIIT 319_04 10 May 2004 NIIT Northern Ireland, Employment [ Bailii ] Â A Skinner v Leisure Connection Plc UKEAT/0059/04 12 May 2004 EAT His Honour Judge Clark Employment EAT Practice and Procedure - Case Management. [ EATn ] Â 1) A Soleimany 2) S Kirk v Sequence (Uk) Ltd UKEAT/0827/03 12 May 2004 EAT His Honour Judge Birtles Employment EAT Unfair Dismissal - Constructive dismissal. [ EATn ] Â A Soleimany S Kirk v Sequence (Uk) Ltd UKEAT/0827/03; [2004] UKEAT 0827_03_1205 12 May 2004 EAT His Honour Judge Birtles Employment EAT Unfair Dismissal - Constructive dismissal [ Bailii ] Â D36 Ltd ("D36") v A Castro UKEAT/0853/03 & UKEAT/0113/04 13 May 2004 EAT His Honour Judge Birtles Employment EAT Transfer of Undertakings - Continuity of employment. [ EATn ] Â Expro Gulf Ltd v R Birnie UKEAT/0222/04 13 May 2004 EAT His Honour Judge Clark Employment EAT Unfair Dismissal - Exclusions including worker/jurisdiction. [ EATn ] Â Sysdeco Ireland Ltd, Sysdeco Nothern Ireland Ltd, Sysdeco Kongsberg As v Ms P Atkins UKEAT/0080/04 13 May 2004 EAT His Honour Judge Clark Employment EAT Unfair Dismissal - Exclusions including worker/jurisdiction. [ EATn ] Â Alan Bryant Green v St Nicholas Parochial Church Council and Another UKEAT/0904/04 13 May 2004 EAT The Honourable Mr Justice Rimer Employment EAT Contract of Employment - Definition of employee. [ EATn ] Â Sysdeco Ireland Ltd Sysdeco Nothern Ireland Ltd Sysdeco Kongsberg As v P Atkins UKEAT/0080/04 13 May 2004 EAT His Honour Judge Clark Employment EAT Unfair Dismissal - Exclusions including worker Â Ga Croft and others v Cathy Pacific Airways Ltd Veta Ltd USA Basing Ltd UKEAT/0367/03 13 May 2004 EAT His Honour Judge Clark Employment EAT Unfair Dismissal - Exclusions including worker Â Ssafa Forces Help v M Mcclymont UKEAT/0164/03 13 May 2004 EAT His Honour Judge Clark Employment EAT Unfair Dismissal - Exclusions including worker Â Expro Gulf Ltd v R Birnie UKEAT/0222/04 13 May 2004 EAT His Honour Judge Clark Employment EAT Unfair Dismissal - Exclusions including worker Â D36 Ltd v A Castro [2004] UKEAT 0853_03_1607; UKEAT/0853/03 & UKEAT/0113/04 13 May 2004 EAT His Honour Judge Birtles Employment EAT Transfer of Undertakings - Continuity of employment [ Bailii ] Â Ssafa Forces Help v M Mcclymont UKEAT/0164/03 13 May 2004 EAT His Honour Judge Clark Employment EAT Unfair Dismissal - Exclusions including worker/jurisdiction. [ EATn ] Â Â Breeze Benton Solicitors (A Partnership) v Weddell; EAT 13-May-2004 - UKEAT/0873/03; [2004] UKEAT 0873_03_1805 Â Ga Croft and others v Cathy Pacific Airways Ltd, Veta Ltd, USA Basing Ltd UKEAT/0367/03 13 May 2004 EAT His Honour Judge Clark Employment EAT Unfair Dismissal - Exclusions including worker/jurisdiction. [ EATn ] Â McPherson v BNP Paribas SA (London Branch) [2004] EWCA Civ 569; Times, 31 May 2004; [2004] EWCA Civ 616; [2004] ICR 1398; [2004] 4 Costs LR 596; [2004] 3 All ER 266; [2004] IRLR 558; [2004] EWHC 90034 (Costs); [2004] ICR 1938 14 May 2004 CA Lord Justice Mummery Lord Justice Thorpe Mr Justice Bennett Costs, Employment The claimant withdrew his claim in the Employment Tribunal. By then, his employer had incurred very substantial legal costs. He appealed against the order for costs against him. Held: The tribunal had wrongly asked whether the withdrawal of the case was unreasonable. It should have asked whether the case as a whole was reasonably pursued. It was nevertheless open to the tribunal to find, on the facts, that the proceedings as a whole had been conducted unreasonably. Mummery LJ stated: "The principal of relevance means that the tribunal must have regard to the nature, gravity and effect of the unreasonable conduct as factors relevant to the exercise of the discretion but that is not the same as requiring [the receiving party] to prove that specific unreasonable conduct by [the paying party] caused particular costs to be incurred". Employment Tribunal (Constitution and Rules of Procedure) Regulations 2001 14 1 Citers [ Bailii ] - [ Bailii ] Â Donnelly v Board of Governors of Gaelscoil Dhal Riada [2004] NIIT 9091_03 14 May 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Siupa v Morrow [2004] NIIT 5300_03 14 May 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Siupa and others v Morrow (Striking Out) [2004] NIIT 37 14 May 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Jonathan Read v the Motivation Business Limited UKEAT/0719/03 14 May 2004 EAT His Honour Judge Birtles Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â Brown, Butler, Lai, MacFarlane v BMI British Midland UKEAT/0055/04 17 May 2004 EAT His Honour Judge Birtles Employment EAT Unfair Dismissal - Reasonableness of dismissal. [ EAT ] Â Johnson v Chief Constable of Northamptonshire Police UKEAT/0884/03; [2004] UKEAT 0884_03_1705 17 May 2004 EAT His Honour Judge Wilkie QC Discrimination, Employment EAT Race Discrimination - Victimisation [ Bailii ] Â Corus and Regal Hotels Plc v Im Wilkinson UKEAT/0102/03; [2004] UKEAT 0102_03_2806 18 May 2004 EAT The Honourable Mrs Justice Cox Employment EAT Unfair Dismissal - Reason for dismissal 1 Cites 1 Citers [ Bailii ] Â Corus and Regal Hotels Plc v Im Wilkinson UKEAT/0102/03 18 May 2004 EAT The Honourable Mrs Justice Cox Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â Mccarthy v Russell Jones and Walker [2004] UKEAT 0102_04_1805 18 May 2004 EAT Employment [ Bailii ] Â Whitehead v Belfast Education and Library Board [2004] NIIT 36 19 May 2004 NIIT Employment Unfair Dismissal [ Bailii ] Â Khan v Trident Safeguards Ltd and others [2004] EWCA Civ 624; Times, 28 May 2004 19 May 2004 CA The Hon Mrs Justice Arden Dbe Lord Justice Buxton Lord Justice Wall Employment, Insolvency, Discrimination The claimant had ben made bankrupt. The defendant argued that his claim vested in the trustee. Held: A discrimination claim was hybrid in nature rather than purely personal, and so it vested in the trustee. However the real issue was the actual claim made. In this case the claimant could seek only the personal elements for damages to injured feelings. If the claim was so limited, it would cease to be a hybrid claim, and he would have the right to bring the action. 1 Cites 1 Citers [ Bailii ] Â Whitehead v Belfast Education and Library Board [2004] NIIT 2245_01 19 May 2004 NIIT Employment [ Bailii ] Â Birmingham City Council v Gaston [2004] EWCA Civ 693 20 May 2004 CA Employment Transfer of Undertakings (Protection of Employment) Regulations 1981 [ Bailii ] Â Newman v Mccay (T/A Curtains and Covers) [2004] NIIT 4594_03 20 May 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Astle and others v Cheshire County Council and Omnisure Property Management Ltd UKEAT/0971/03; [2004] UKEAT 0970_03_2005 20 May 2004 EAT The Honourable Mr Justice Burton Employment EAT Issue whether Employment Tribunal asked itself the right question and/or was perverse in failing to find that the principal reason for the Council's changed arrangements was to thwart TUPE and hence that the ECM point should have been injected into the (otherwise correctly applied) Spijkers test. Appeal dismissed. Transfer of Undertakings (Protection of Employment) Regulations 1981 1 Cites [ Bailii ] - [ EATn ] - [ EATn ] Â Warke v Creative Composites [2004] NIIT 3132_01 20 May 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Stephen v Hegarty John Henderson Ltd (Costs) [2004] NIIT 38 21 May 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Hegarty v John Henderson Ltd [2004] NIIT 3969_03 21 May 2004 NIIT Northern Ireland, Employment [ Bailii ] Â DCM Optical Clinic Plc v Stark [2004] UKEAT 0124_04_2105; UKEAT/0124/04 21 May 2004 EAT His Honour Judge Clark Employment EAT Whether ex gratia payment made to retain employee during his notice period fell to be deducted from gross assessment of loss for purpose of compensatory award for unfair dismissal. The Employment Tribunal found nothing. Appeal by employer allowed. Payment deductible. [ Bailii ] - [ EATn ] Â Kane v Tesco Distribution [2004] NIIT 3895_03 21 May 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Kane v Tesco Distribution (Unfair Dismissal) [2004] NIIT 39 21 May 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Nadder Church of England Middle School Wiltshire County Council v David Mundy [2004] UKEAT 0228_04_2105; UKEAT/0228/04 21 May 2004 EAT The Honourable Mrs Justice Cox Employment EAT Unfair Dismissal - Reasonableness of dismissal [ Bailii ] - [ EATn ] Â A Melhuish v Redbridge Citizens Advice Bureau [2004] UKEAT 0130_04_2405; UKEAT/0130/04 24 May 2004 EAT The Honourable Mr Justice Burton Employment EAT Unfair Dismissal - Exclusions including worker [ Bailii ] Â A Melhuish v Redbridge Citizens Advice Bureau UKEAT/0130/04 24 May 2004 EAT The Honourable Mr Justice Burton Employment EAT Unfair Dismissal - Exclusions including worker/jurisdiction. [ EATn ] Â Royal Mail Group Plc v Spence [2004] UKEAT 0992_03_2405 24 May 2004 EAT Employment [ Bailii ] Â M and M Road Surfacing v George Jack EATS/0014/04; [2004] UKEAT 0014_04_2405 24 May 2004 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Exclusions including worker/jurisdiction. [ Bailii ] - [ EATn ] Â Tb Nicholls v C.L.I Ltd UKEAT/0861/03 25 May 2004 EAT His Honour Judge Birtles Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â Valerie Anne Wilson v Sercon (Scotland) Ltd EATS/0069/03 25 May 2004 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Exclusions including worker/jurisdiction. [ EATn ] Â Kennedy v Dresdner Kleinwort Wasserstein [2004] EWHC 1103 (Comm) 25 May 2004 ComC Mr Justice Langley Employment Alleged non payment of bonuses [ Bailii ] Â British Telecommunications Plc v Pelling [2004] UKEAT 0093_03_2505 25 May 2004 EAT Employment [ Bailii ] Â Nicholls v Cli Ltd [2004] UKEAT 0861_03_2505 25 May 2004 EAT Employment [ Bailii ] Â Valerie Anne Wilson v Sercon (Scotland) Ltd EATS/0069/03; [2004] UKEAT 0069_03_2505 25 May 2004 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Exclusions including worker [ Bailii ] Â Kaid v Gruppo Ltd [2004] UKEAT 0546_03_2505 25 May 2004 EAT Employment [ Bailii ] Â Wrona v Honda of the UK Manufacturing [2004] UKEAT 0975_03_2505 25 May 2004 EAT Employment [ Bailii ] Â the Scottish Coal Company Ltd v H Mccormack and Others, Crouch Mining Ltd (In Administration) EATS/0034/03 26 May 2004 EAT The Honourable Lord Johnston Employment EAT Transfer of Undertakings - Acquired rights directive. [ EATn ] Â Evans v Dsdc [2004] UKEAT 0796_03_2605 26 May 2004 EAT Employment [ Bailii ] Â Â Walker v Barnes; CA 26-May-2004 - [2004] EWCA Civ 687 Â The Scottish Coal Company Ltd v H McCormack and others Crouch Mining Ltd (In Administration) EATS/0034/03 26 May 2004 EAT The Honourable Lord Johnston Employment EAT Transfer of Undertakings - Acquired rights directive Â The Scottish Coal Company Ltd v H Mccormack and others Crouch Mining Ltd (In Administration) EATS/0034/03 26 May 2004 EAT The Honourable Lord Johnston Employment EAT Transfer of Undertakings - Acquired rights directive Â the Scottish Coal Company Ltd v Mccormack and others [2004] UKEAT 0034_03_2605 26 May 2004 EAT Employment [ Bailii ] Â Fci (Scotland) Ltd v Collins and Another [2004] UKEAT 0092_03_2705 27 May 2004 EAT Employment [ Bailii ] Â Paul Strachan v Stoneridge Electronics Ltd EATS/0054/03 27 May 2004 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Exclusions including worker Â Fci (Scotland) v Alex Collins, James Cairns EATS/0092/03 27 May 2004 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Exclusions including worker/jurisdiction. [ EATn ] Â Paul Strachan v Stoneridge Electronics Ltd EATS/0054/03 27 May 2004 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Exclusions including worker/jurisdiction. [ EATn ] Â Strachan v Stoneridge Electronics Ltd [2004] UKEAT 0054_03_2705 27 May 2004 EAT Employment Adjustment of damages award for miscalculation. [ Bailii ] Â FCI (Scotland) v Alex Collins James Cairns EATS/0092/03 27 May 2004 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Exclusions including worker Â X v Y (Employment: Sex Offender) [2004] EWCA Civ 662; Times, 16 June 2004; [2004] IRLR 625; [2004] UKHRR 1172; [2004] ICR 1634 28 May 2004 CA Lord Justice Brooke (Vice President Of The Court Of Appeal (Civil Division)) Lord Justice Mummery And Lord Justice Dyson Employment, Human Rights The claimant had been dismissed after it was discovered he had been cautioned for a public homosexual act. He appealed dismissal of his claim saying that the standard of fairness applied was inappropriate with regard to the Human Rights Act, and that the state had a duty to protect him from private acts which breached his human rights. The tribunal had applied Foley. Held: The question was as to the so called horizontal effect of the Convention. Article 8.1 was not engaged, as the facts found by the employment tribunal do not fall within its ambit. The question of applicability should be answered first and only then should the court ask whether there had been a possible Convention breach. The court gave guidance to Employment Tribunals as to how to adopt a structured approach to arguments on the 1998 Act in private cases of unfair dismissal. Employment Rights Act 1996 - European Convention on Human Rights 8 1 Cites 1 Citers [ Bailii ] Â T R Mcpherson (Microfilm Services) Ltd v Rosalind Ann Charles EATS/0117/03 28 May 2004 EAT The Honourable Lord Johnston Employment EAT Equal Pay Act - Article 141 [ EATn ] Â H Harries, D Simpson v Alan Paine Knitwear, J Carty, Islecroft Ltd UKEAT/0014/04 28 May 2004 EAT His Honour Judge Prophet Employment EAT Practice and Procedure - Bias, misconduct and procedural irregularity. [ EATn ] Â T R Mcpherson (Microfilm Services) Ltd v Rosalind Ann Charles EATS/0117/03; [2004] UKEAT 0117_03_2805 28 May 2004 EAT The Honourable Lord Johnston Employment, Discrimination EAT Equal Pay Act - Article 141 [ Bailii ] Â H Harries D Simpson v Alan Paine Knitwear J Carty Islecroft Ltd [2004] UKEAT 0014_04_2805; UKEAT/0014/04 28 May 2004 EAT His Honour Judge Prophet Employment EAT Practice and Procedure - Bias, misconduct and procedural irregularity [ Bailii ] Â Adams v TH Clarke and Co [2004] NIIT 40 29 May 2004 NIIT Northern Ireland, Employment Unfair Dismissal [ Bailii ] Â Â The Fire Brigades Union v Croucher; EAT 2-Jun-2004 - [2004] UKEAT 0604_03_2007; UKEAT/0604/03; UKEAT/0169/04 Â Prebon Marshall Yamane (Uk) Ltd v Rose [2004] UKEAT 1002_02_0206 2 Jun 2004 EAT Employment 1 Cites [ Bailii ] Â Dj Lanksford v Business Post Limited, Mintwall Limited T/A Business Post UKEAT/0128/04 3 Jun 2004 EAT His Honour Judge Birtles Employment EAT Contract of Employment - Notice and pay in lieu. [ EATn ] Â Lanksford v Business Post Ltd and Another [2004] UKEAT 0128_04_0306 3 Jun 2004 EAT Employment [ Bailii ] Â Unifi v Stella Massey UKEAT/0223/04 4 Jun 2004 EAT His Honour Judge Clark Employment EAT Time Limits - Reasonable practicability. [ EATn ] Â Ms C Beecroft v World Duty Free Europe Ltd UKEAT/0202/04 &UKEAT/0203/04 4 Jun 2004 EAT His Honour Judge Birtles Employment EAT Practice and Procedure - Review. [ EATn ] Â Beecroft v World Duty Free Europe Ltd [2004] UKEAT 0202_04_0406 4 Jun 2004 EAT Employment [ Bailii ] Â P v West Dorset General Hospital NHS Trust UKEAT/0288/04; [2004] UKEAT 0288_04_0906 9 Jun 2004 EAT His Honour Judge Clark Employment EAT Practice and Procedure - Postponement or stay - Application for stay of ET proceedings pending GMC professional misconduct hearing refused. No error of law; if so; stay appropriate. Employment Tribunal Procedure Regulations 2001 10(2)(d) - Employment Tribunals Act 1996 35 1 Cites [ Bailii ] - [ EAT ] Â South Central Trains Ltd v C E Rodway UKEAT/0099/04 9 Jun 2004 EAT His Honour Judge Birtles Employment EAT Maternity Rights and Parental Leave - Detriment. [ EATn ] Â Duthie v Bath and North East Somerset Council [2004] EWCA Civ 1194 9 Jun 2004 CA Employment, Health and Safety 1 Cites 1 Citers [ Bailii ] Â South Central Trains Ltd v C E Rodway [2004] UKEAT 0099_04_0308; UKEAT/0099/04 9 Jun 2004 EAT His Honour Judge Birtles Employment EAT Maternity Rights and Parental Leave - Detriment 1 Cites 1 Citers [ Bailii ] Â Gilberto Nunez v Veritas Software Ltd [2004] UKEAT 0020_04_1006; UKEAT/0020/04 10 Jun 2004 EAT The Honourable Mr Justice Beatson Employment EAT Practice and Procedure - Striking-out [ Bailii ] Â Brumfitt v Ministry of Defence, Fitzpatrick [2004] UKEAT 1004_03_2707; UKEAT/1004/03 10 Jun 2004 EAT His Honour Judge Birtles Employment, Discrimination EAT Sex Discrimination A complaint of direct sex discrimination on the grounds of sexual harassment brought by a woman requires a male comparator, either actual or hypothetical. Furthermore, see decision of House of Lords in MacDonald v Advocate General for Scotland and Pearce v Governing Body of Mayfield Secondary School do not conflict with European law. [ Bailii ] - [ EATn ] Â Gilberto Nunez v Veritas Software Ltd UKEAT/0020/04 10 Jun 2004 EAT The Honourable Mr Justice Beatson Employment EAT Practice and Procedure - Striking-out/dismissal. [ EATn ] Â Garg v Wolverhampton Health Authority and others [2004] EWCA Civ 808 10 Jun 2004 CA Employment 1 Cites 1 Citers [ Bailii ] Â W G Wong and others v Bae Systems Operations UKEAT/1006/03 11 Jun 2004 EAT The Honourable Mr Justice Beatson Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â Gammon v Stoke Mandeville Hospital NHS Trust UKEAT/0563/03; [2004] UKEAT 0563_03_1106 11 Jun 2004 EAT His Honour Judge Reid Employment EAT Practice and Procedure - Disclosure [ Bailii ] Â G T Best v St Austell China Clay Museum Ltd UKEAT/0924/03 11 Jun 2004 EAT His Honour Judge Clark Employment EAT National Minimum Wage - (no sub-topic). [ EATn ] Â S Singh, R Katechia, S Dhillon, J Bissember v Ford Motor Company Ltd, P S Gill UKEAT/0006/04 11 Jun 2004 EAT The Honourable Mr Justice Beatson Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â Kilgallon and others v Pilkington United Kingdom Ltd [2004] UKEAT 0771_03_1106 11 Jun 2004 EAT Employment [ Bailii ] Â S Singh, R Katechia S Dhillon J Bissember v Ford Motor Company Ltd P S Gill [2004] UKEAT 1006_03_1607; UKEAT/0005/04; UKEAT/0006/04; Times, 30 August 2004 11 Jun 2004 EAT The Honourable Mr Justice Beatson Employment The Employment Tribunal was wrong to conclude that its jurisdiction under section 13 of Employment Rights Act 1996 was ousted by section 14(1)(A) (purpose of deduction reimbursement in respect of overpayment of wages) or 14(5) (deduction made on amount of employee participation in a strike) without making findings as to the precedent facts to the exclusion of jurisdiction under section 14(1)(a) and 14(5) Philips Components Ltd v Scott [2003] UKEAT 0609/01 followed. Employment Rights Act 1996 13 14 1 Cites [ Bailii ] Â Best v St Austell China Clay Museum Ltd [2004] UKEAT 0924_03_1106 11 Jun 2004 EAT Employment [ Bailii ] Â P S Gill v Ford Motor Company Ltd, S Singh, R Katechina, S Dhillon, J Bissember UKEAT/0005/04 11 Jun 2004 EAT The Honourable Mr Justice Beatson Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â Alistair Mcpherson v BNP Paribas (London Branch) [2004] EWHC 90034 (Costs) 13 Jun 2004 SCCO Costs, Employment 1 Cites 1 Citers [ Bailii ] Â Nicolas UK Limited v L Troquet UKEAT/0923/03 & UKEAT/0082/04 14 Jun 2004 EAT The Honourable Mr Justice Beatson Employment EAT Unfair Dismissal - Constructive dismissal Â Nicolas UK Limited v L Troquet UKEAT/0923/03 & UKEAT/0082/04 14 Jun 2004 EAT The Honourable Mr Justice Beatson Employment EAT Unfair Dismissal - Constructive dismissal. [ EATn ] Â Chamberlin Solicitors v Emokpae [2004] UKEAT 0989_03_1506 15 Jun 2004 EAT Employment, Discrimination 1 Cites 1 Citers [ Bailii ] Â Plume School Maldon v Lewis [2004] UKEAT 0101_04_1506 15 Jun 2004 EAT Employment [ Bailii ] Â Husain v Avon and Somerset Police and Another [2004] UKEAT 0217_04_1506 15 Jun 2004 EAT Employment [ Bailii ] Â Morris Homes (North) Ltd v Graham David Batty Martin Joseph Doyle UKEAT/0691/03 16 Jun 2004 EAT His Honour Judge Clark Employment EAT Working Time Regulations - Worker Â Anglia Home Improvement Ltd v C Kelly Times, 30 June 2004 16 Jun 2004 CA Mummery, Arden LJJ, Cage J Employment The tribunal had found the claimant to have been unfairly dismissed, with the chairman dissenting. Held: It was most desirable that tribunals should do their very best to reach a unanimous verdict in unfair dismissal cases. Where unanimity could not be found the chairman should reserve the decision, and circulate his views to the other two lay members to invite them to agree or explain their disagreement. In this case the lay members had substituted their opinion as to the reasonableness of the dismissal. It was a gross error of law to substitute their opinion for that of the reaonable employer. 1 Cites Â C Sheehan v Dmqa Technical Services (Uk) Ltd UKEAT/0156/04 16 Jun 2004 EAT His Honour Judge Birtles Employment EAT Contract of Employment - Definition of employee Â C Sheehan v Dmqa Technical Services (Uk) Ltd UKEAT/0156/04 16 Jun 2004 EAT His Honour Judge Birtles Employment EAT Contract of Employment - Definition of employee. [ EATn ] Â Ministry of Defence Police v S A Armstrong UKEAT/551/03; [2004] UKEAT 0551_03_1606; [2004] IRLR 672 16 Jun 2004 EAT His Honour Judge Birtles Discrimination, Employment EAT Disability Discrimination - Less favourable treatment 1 Citers [ Bailii ] Â Roberts v West Coast Trains Ltd Times, 25 June 2004; [2004] EWCA Civ 900; [2004] IRLR 788; [2005] ICR 254, 16 Jun 2004 CA Mummery, Arden LJJ, Cage J Employment The employee had been dismissed. He began a claim for unfair dismissal, but also appealed within his employers' procedure, accepting a demotion. The tribunal then found that he had not been dismissed. Held: There had been no dismissal. Had he not been re-instated, his dismissal would have ben unfair, but the appeal decision did not amount to a re-engagement after a dismissal, but rather operated within the original contract. If he had withdrawn his appeal the employer would not have been free to determine it. In pursuing his appeal, the employee risked that if he was re-instated, he would lose his claim for unfair dismissal. Employment Rights Act 1996 95 1 Cites 1 Citers [ Bailii ] Â Sheehan v Dmqa Technical Services (Uk) Ltd [2004] UKEAT 0156_04_1606 16 Jun 2004 EAT Employment [ Bailii ] Â Anglian Home Improvements Ltd v Kelly [2004] EWCA Civ 901 16 Jun 2004 CA Employment [ Bailii ] Â Morris Homes (North) Ltd v 1) Graham David Batty 2) Martin Joseph Doyle UKEAT/0691/03 16 Jun 2004 EAT His Honour Judge Clark Employment EAT Working Time Regulations - Worker. [ EATn ] Â Jh Clay v Stuarts Ltd Stuarts Property Services Ltd UKEAT/382/03 18 Jun 2004 EAT Mr Recorder Luba QC Employment EAT Transfer of Undertakings - Dismissal Â Woodward v Abbey National Plc UKEAT/0089/04; [2004] UKEAT 0089_04_1806 18 Jun 2004 EAT His Honour Judge Reid QC Employment EAT Practice and Procedure - Amendment - Application for leave to amend IT1. Respondent opposes. Leave to amend given in some respects and refused in others. Lack of adequate reasons for the decision. Remitted to fresh Tribunal. 1 Citers [ Bailii ] - [ EATn ] Â JH Clay v Stuarts Ltd, Stuarts Property Services Ltd UKEAT/382/03 18 Jun 2004 EAT Mr Recorder Luba QC Employment EAT Transfer of Undertakings - Dismissal. [ EATn ] Â D Beaumont v Amicus MSF UKEAT/0122/03 18 Jun 2004 EAT His Honour Judge Birtles Employment EAT Trade Union Membership - (no sub-topic). [ EAT ] Â D Beaumont v Amicus Msf UKEAT/0122/03 18 Jun 2004 EAT His Honour Judge Birtles Employment EAT Trade Union Membership Â John Townsend v Office for National Statistics [2004] UKEAT 0933_03_2607; UKEAT/0933/03 18 Jun 2004 EAT His Honour Judge Prophet Discrimination, Employment EAT Disability Discrimination - Reasonable adjustments EAT Disability Discrimination - Reasonable adjustments. [ Bailii ] - [ EATn ] Â Middlebrook Mushrooms Ltd, Regina (on the Application of) v Agricultural Wages Board of England and Wales [2004] EWHC 1447 (Admin); Times, 15 July 2004 18 Jun 2004 Admn Employment The company complained that whereas the generality of employers in agriculture were exempt from control under the minimum wage system, mushroom growers had not been exempted. Held: The withdrawal of the exemption was irrational and unjustified. There was no objective justification for the distinction made. Agricultural Wages Order 2003 - Agricultural Wages Act 1948 1 Citers [ Bailii ] Â Forcer v Bakers, Food and Allied Workers Union [2004] UKEAT 0634_03_1806 18 Jun 2004 EAT Employment [ Bailii ] Â Whitehead v The Robertson Partnership UKEAT/0378/03; [2004] UKEAT 0378_03_1708; UKEAT/378/03 21 Jun 2004 EAT His Honour Judge Reid Employment EAT Unfair Dismissal - Constructive dismissal - Reasonableness of dismissal. EAT Unfair Dismissal - Reasonableness of dismissal 1 Cites [ Bailii ] - [ EAT ] Â R P Sears v Hesketh With Becconsall Parish Council UKEAT/0244/04 21 Jun 2004 EAT His Honour Judge Reid Qc Employment EAT Unfair Dismissal - Exclusions including worker/jurisdiction. [ EATn ] Â R P Sears v Hesketh With Becconsall Parish Council [2004] UKEAT 0244_04_2106; UKEAT/0244/04 21 Jun 2004 EAT His Honour Judge Reid QC Employment EAT Unfair Dismissal - Exclusions including worker [ Bailii ] Â Â Villalba v Merrill Lynch and Co Inc Merrill Lynch Europe Ltd (Cayman) Merill Lynch International Bank Ltd; EAT 21-Jun-2004 - UKEAT/0461/04; [2004] UKEAT 0461_04_0107 Â Pp Greene v Neopost Ltd [2004] UKEAT 0075_04_2107; UKEAT/0075/04 22 Jun 2004 EAT His Honour Judge Birtles Employment EAT Contract of Employment - Mutual trust and confidence [ Bailii ] Â Hurst v Galloway Ltd T/A G2 UKEAT/0111/04 22 Jun 2004 EAT The Honourable Mr Justice Burton Employment EAT National Minimum Wage - (no sub-topic). [ EATn ] Â Her Majesty's Attorney General v D C D'Souza UKEAT/0139/04 22 Jun 2004 EAT The Honourable Mr Justice Beatson Employment EAT Practice and Procedure - Restriction of proceedings order. [ EATn ] Â Hurst v Galloway Ltd (T/A G2) [2004] UKEAT 0111_04_2206 22 Jun 2004 EAT Employment [ Bailii ] Â C Hurst v Galloway Ltd T/A G2 UKEAT/0111/04 22 Jun 2004 EAT The Honourable Mr Justice Burton Employment EAT National Minimum Wage Â PP Greene v Neopost Ltd UKEAT/0075/04 22 Jun 2004 EAT His Honour Judge Birtles Employment EAT Contract of Employment - Mutual trust and confidence. [ EATn ] Â Ssafa Forces Help v Mcclymont [2004] UKEAT 0164_03_2406 24 Jun 2004 EAT Employment [ Bailii ] Â E Groves v Astrazeneca UK Ltd UKEAT/232/04; [2004] UKEAT 0232_04_2406 24 Jun 2004 EAT The Honourable Mr Justice Beatson Discrimination, Employment EAT Disability Discrimination - Reasonable adjustments [ Bailii ] - [ EATn ] Â M L Foster v Catwright Black Solicitors UKEAT/0179/04 25 Jun 2004 EAT The Honourable Mr Justice Beatson Employment EAT Time Off - Parental leave/dependant. [ EATn ] Â E Parsons v Southwark Carers UKEAT/0471/04 25 Jun 2004 EAT His Honour Judge Reid Qc Employment EAT Practice and Procedure - Amendment. [ EATn ] Â Parsons v Southwark Carers [2004] UKEAT 0471_04_2506 25 Jun 2004 EAT Employment [ Bailii ] Â Forster v Cartwright Black Solicitors [2004] UKEAT 0179_04_2506; UKEAT/0179/04 25 Jun 2004 EAT The Honourable Mr Justice Beatson Employment EAT Time Off - Parental Leave - Time off for dependant care. Construction of ERA section 57A and Parental Leave Directive to cover death of elderly dependant. Application of Qua [2003] IRLR 184. 1 Cites [ Bailii ] Â Parsons v Southwark Carers UKEAT/0471/04 25 Jun 2004 EAT His Honour Judge Reid QC Employment EAT Practice and Procedure - Amendment Â Mitie Olscot Ltd v Barry Henderson and 6Ors EATS/0016/04 28 Jun 2004 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Exclusions including worker/jurisdiction. [ EATn ] Â Ms N L Pratt, Ms S Whittington v Trustees of the Grace Eyre Foundation UKEAT/0037/04 28 Jun 2004 EAT His Honour Judge J R Reid Qc Employment EAT Unfair Dismissal - Procedural fairness/automatically unfair dismissal. [ EATn ] Â Mitie Olscot Ltd v Barry Henderson and 6 Others EATS/0016/04; [2004] UKEAT 0016_04_2806 28 Jun 2004 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Exclusions including worker [ Bailii ] Â Pratt, Whittington v Trustees of the Grace Eyre Foundation UKEAT/0037/04; [2004] UKEAT 0037_04_2806 28 Jun 2004 EAT His Honour Judge J R Reid QC Employment EAT Unfair Dismissal - Procedural fairness [ Bailii ] Â West Yorkshire Fire and Civil Defence Authority v King [2004] UKEAT 0960_03_2906; UKEAT/0960/03 & UKEAT/961/03 29 Jun 2004 EAT His Honour Judge Birtles Employment EAT Contract of Employment - Damages for breach of contract - Construction of agreement relating to sick pay and quantum of damage. 1 Cites [ Bailii ] - [ EATn ] Â South Tyneside Healthcare NHS Trust v Awotona [2004] UKEAT 0599_03_2906 29 Jun 2004 EAT Employment [ Bailii ] Â B Todd T/A Wensum Valley Hotel v La Storer [2004] UKEAT 0045_04_2906; UKEAT/0045/04 29 Jun 2004 EAT The Honourable Mr Justice Nelson Employment EAT Unlawful Deduction from Wages [ Bailii ] - [ EATn ] Â Al Hack v Fernley Airport Services Ltd [2004] UKEAT 0940_03_2906; UKEAT/0940/03 29 Jun 2004 EAT The Honourable Mr Justice Nelson Employment EAT Unfair Dismissal - Reasonableness of dismissal [ Bailii ] Â Mccafferty v Paisley Christian Social Action Centre [2004] UKEAT 0106_03_2906 29 Jun 2004 EAT Employment [ Bailii ] Â James Greig v Fife Council EATS/0021/04; [2004] UKEAT 0021_04_2906 29 Jun 2004 EAT The Honourable Lord Johnston Discrimination, Employment EAT Disability Discrimination - Disability Disability Discrimination Act 1995 [ Bailii ] - [ EATn ] Â Al Hack v Fernley Airport Services Ltd UKEAT/0940/03 29 Jun 2004 EAT The Honourable Mr Justice Nelson Employment EAT Unfair Dismissal - Reasonableness of dismissal. [ EATn ] Â Jason Mccafferty v Paisley Christian Social Action Centre EATS/0106/03 29 Jun 2004 EAT The Honourable Lord Johnston Employment EAT Contract of Employment - Definition of employee. [ EATn ] Â Jason Mccafferty v Paisley Christian Social Action Centre EATS/0106/03 29 Jun 2004 EAT The Honourable Lord Johnston Employment EAT Contract of Employment - Definition of employee Â Brown and others v [2004] UKEAT 0055_04_2906 29 Jun 2004 EAT Employment [ Bailii ] Â Ms Claire O'Brien v Pacitti Jones EATS/0025/04 30 Jun 2004 EAT The Honourable Lord Johnston Employment EAT Time Limits - Effective date of termination. [ EATn ] Â O'Brien v Jones [2004] UKEAT 0025_04_3006 30 Jun 2004 EAT Employment [ Bailii ] Â Louise Finlay v the Governors of Fettes Trust EATS/0086/04 30 Jun 2004 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Exclusions including worker/jurisdiction. [ EATn ] Â Claire O'Brien v Pacitti Jones EATS/0025/04 30 Jun 2004 EAT The Honourable Lord Johnston Employment EAT Time Limits - Effective date of termination Â Louise Finlay v the Governors of Fettes Trust EATS/0086/04; [2004] UKEAT 0086_03_3006 30 Jun 2004 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Exclusions including worker [ Bailii ] Â Instrument Transformers Ltd v Keyes [2004] UKEAT 0001_04_0107 1 Jul 2004 EAT Employment [ Bailii ] Â Instrument Transformers Ltd v Darren Keyes EATS/0001/04 1 Jul 2004 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Exclusions including worker/jurisdiction. [ EATn ] Â Chas A Blatchford and Sons Ltd v D Barrett UKEAT/0239/04 1 Jul 2004 EAT The Honourable Mr Justice Nelson Employment EAT Unfair Dismissal - Contributory fault. [ EATn ] Â Instrument Transformers Ltd v Darren Keyes EATS/0001/04 1 Jul 2004 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Exclusions including worker Â Chas A Blatchford and Sons Ltd v D Barrett UKEAT/0239/04 1 Jul 2004 EAT The Honourable Mr Justice Nelson Employment EAT Unfair Dismissal - Contributory fault Â Bunce v Postworth Ltd (T/A Skyblue) and Another [2004] UKEAT 0052_04_0207 2 Jul 2004 EAT Employment 1 Cites 1 Citers [ Bailii ] Â Farrell Matthews and Weir v Ms Nina Hansen UKEAT/0078/04 2 Jul 2004 EAT The Honourable Mr Justice Nelson Employment EAT Unfair Dismissal - Constructive dismissal. [ EATn ] Â Matthews and others v Kent and Medway Towns Fire Authority and others [2004] EWCA Civ 844; Times, 08 July 2004 2 Jul 2004 CA Employment, Discrimination Part time retained firefighters claimed discrimination under the Regulations when their conditions of service were compared with those of full-time firefighters. They appealed a finding that they had been employed under different types of contract and that therefore no claim arose. Held: There was insufficient reason to treat the retained firefighters as being employed under a different category of employee. It was notoriously difficult to categorise employment contracts. Nevertheless there was evidence to support the finding that the actual work undertaken by the two groups differed, with the full-timers having a significant set of additional skills and duties. Despite the error, the decision stood. Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000 - Employment Relations Act 1999 19 - Council Directive 97/81/EC 1 Cites 1 Citers [ Bailii ] Â William Pentland Stenhouse and 4 Ors v First Edinburgh EATS/0017/04 2 Jul 2004 EAT The Honourable Lord Johnston Employment EAT Redundancy - Exclusions [ EATn ] Â The Home Office v A Bailey and others [2004] UKEAT 0060_04_2707; UKEAT/0060/04 2 Jul 2004 EAT His Honour Judge Wilkie QC Employment, Discrimination EAT Equal Pay Act - Material factor defence The EAT allowed an appeal by the Home Office from a decision of an Employment Tribunal which had determined as a preliminary issue that the Home Office was required objectively to justify the provision of less favourable terms of employment to the appellants, who had been evaluated as performing work of equal value to that of the male comparators, but who were paid at a lower rate and enjoyed less beneficial terms and conditions of employment in other respects than those comparators? The ET determined that issue in the affirmative. Held: The Home Office was not required to provide that justification. The reasoning was circular. Equal Pact Act 1970 1 Cites 1 Citers [ Bailii ] - [ EATn ] Â William Pentland Stenhouse and 4 Ors v First Edinburgh Ltd EATS/0017/04; [2004] UKEAT 0017_04_0207 2 Jul 2004 EAT The Honourable Lord Johnston Employment EAT Redundancy - Exclusions [ Bailii ] Â Sovereign Publication Ltd v Alvarez UKEAT/0849/03 5 Jul 2004 EAT The Honourable Mr Justice Nelson Employment EAT Practice and Procedure / Time Limits Application to extend time for lodging appeal to the EAT against Employment Tribunal's decision: jurisdiction of Employment Tribunal to make an award for unfair dismissal/constructive dismissal where applicant's claim may have been out of time. Whether such want of jurisdiction amounted to an exceptional reason for EAT extending time. Was full and honest explanation for delay put forward by Appellant to enable EAT to exercise its discretion in permitting appeal out of time. [ EATn ] Â Sovereign Publication Ltd v J Alvarez UKEAT/0849/03 5 Jul 2004 EAT The Honourable Mr Justice Nelson Employment EAT Practice and Procedure - Time for appealing Â Sivanandan v Hackney Action for Racial Equality and others [2004] UKEAT 0812_03_0607 6 Jul 2004 EAT Employment [ Bailii ] Â Sivanandan v Hackney Action for Racial Equality etc UKEAT/0812/03; [2004] UKEAT 0472_04_0607; UKEAT/0472/04 6 Jul 2004 EAT The Honourable Mr Justice Burton Discrimination, Employment EAT Disability Discrimination - Reasonable adjustments - Practice and Procedure - Disclosure. EAT Practice and Procedure - Disclosure. 1 Cites 1 Citers [ Bailii ] - [ EAT ] - [ EAT ] Â Industrial Chemicals Ltd v Reeks and others [2004] UKEAT 0076_04_0707 7 Jul 2004 EAT Employment 1 Cites [ Bailii ] Â Read v Motivation Business Ltd [2004] UKEAT 0719_03_0707 7 Jul 2004 EAT Employment [ Bailii ] Â Mirror Colour Print (Oldham) Ltd v Robert Andrew Kershaw Barry Whitmore UKEAT/0154/04 7 Jul 2004 EAT The Honourable Mr Justice Nelson Employment EAT Unlawful Deduction from Wages Â Mirror Colour Print (Oldham) Ltd v Robert Andrew Kershaw, Barry Whitmore UKEAT/0154/04 7 Jul 2004 EAT The Honourable Mr Justice Nelson Employment EAT Unlawful Deduction from Wages - (no sub-topic). [ EATn ] Â Abdel-Mawgoud v West Kent NHS and Social Care Trust [2004] UKEAT 0084_04_0707 7 Jul 2004 EAT Employment [ Bailii ] Â Gdynia American Shipping Lines (London) Ltd v A Chelminski [2004] EWCA Civ 871; Times, 21 July 2004; [2004] IRLR 725 8 Jul 2004 CA Lord Justice Pill Lord Justice Longmore Lord Justice Scott Baker Employment The employers had sought to appeal from a decision of the employment tribunal. The EAT had refused it as out of time. Held: The rules required the appellant to file within 42 days of receiving the decision, the notice of appeal together with a copy of the tribunal's written reasons. 'Sent' meant the date on which the order is posted by the Employment Tribunal; the date on the document when the order was sent to the parties. The appellants had failed to include the decision. Other rules as to deemed time of delivery were inapplicable when the issue was the absence of a necessary document. The appeal was out of time. 1 Cites 1 Citers [ Bailii ] Â Nottinghamshire County Council v Meikle [2004] EWCA Civ 859; Times, 15 July 2004; [2005] ICR 1; (2004) 80 BMLR 129; [2004] IRLR 703; [2004] 4 All ER 97 8 Jul 2004 CA Thorpe, Keene LJJ, Bennett J Discrimination, Employment The claimant was a teacher who had come to suffer a sight disability. She complained that her employers had failed to make reasonable accomodation for her disability, and subsequently she resigned claiming constructive dismissal and damages for discrimination. The employer contended that she had not been dismissed within the section. Held: There had been conflicting decisions. The word 'dismissed' in this context had to be construed widely. For the purposes of section 4(2) the 1995 Act, a constructive dismissal was a dismissal. The appeal was itself dismissed. Disability Discrimination Act 1995 4(2) 1 Cites 1 Citers [ Bailii ] Â Harte v Damont Audio Ltd [2004] UKEAT 0030_04_0907 9 Jul 2004 EAT Employment [ Bailii ] Â J F Harte v Damont Audio Ltd In Liquidation UKEAT/0030/04 9 Jul 2004 EAT His Honour Judge Prophet Employment EAT Unfair Dismissal - Reasonableness of dismissal Â J F Harte v Damont Audio Ltd In Liquidation UKEAT/0030/04 9 Jul 2004 EAT His Honour Judge Prophet Employment EAT Unfair Dismissal - Reasonableness of dismissal. [ EATn ] Â S Ali v Qinetiq Ltd UKEAT/0453/04 12 Jul 2004 EAT The Honourable Mr Justice Burton Employment EAT Practice and Procedure - Case Management Â Wilson v Southern Counties Fuels Ltd [2004] UKEAT 0032_04_1207; UKEAT/0032/04 12 Jul 2004 EAT The Honourable Mr Justice Burton Employment, Discrimination EAT Disability Discrimination - Less favourable treatment. - Dismissal of claim for disability discrimination on basis that Applicant not disabled.(i) No perversity and proper application of Morgan in finding that the mental impairment was not a clinically well-recognised illness. (ii) It is inappropriate to give a rolled-up answer to the 3 questions of (a) effect on day to day activities (b) substantial (c) long term. But in the light of finding on (i) appeal fell to be dismissed. [ Bailii ] - [ EAT ] Â Ali v Qinetiq Ltd [2004] UKEAT 0453_04_1207 12 Jul 2004 EAT Burton P J Employment EAT After considerable slimming down at the expedited preliminary hearing, an Amended Notice of Appeal was not in the event opposed. Chairman erred in refusing all particulars and most of disclosure sought (but understandably in light of sledgehammer approach) [ Bailii ] Â S Ali v Qinetiq Ltd UKEAT/0453/04 12 Jul 2004 EAT The Honourable Mr Justice Burton Employment EAT Practice and Procedure - Case Management. [ EATn ] Â Â Madarassy v Nomura International Plc; EAT 13-Jul-2004 - UKEAT/0326/03; [2004] UKEAT 0326_03_1612 Â Eastwood and another v Magnox Electric plc; McCabe v Cornwall County Council and others [2004] UKHL 35; Times, 16 July 2004; [2005] 1 AC 503; [2004] ICR 1064; [2004] IRLR 733; [2004] 3 WLR 322; [2004] 3 All ER 991 15 Jul 2004 HL Lord Nicholls of Birkenhead, Lord Steyn, Lord Hoffmann, Lord Rodger of Earlsferry, Lord Brown of Eaton-under-Heywood Damages, Employment The first claimants were long standing employees. Mr Eastwood fell out with his manager, who disciplined him using false statements. When Williams refused to provide a false statement he too was disciplined. Each claimed damages for the injury to their feelings before they were dismissed. Their unfair dismissal claims were compromised, but reserving their rights to any common law claim. McCabe had been suspended then dismissed. He succeeded in his unfair dismaissal claim, but now sought additional damages for the stress associated with his suspension before dismissal. Held: Johnson -v- Unysis identified a boundary between claims arising from the dismissal itself, where remedies were limited to those granted by statute, and other damages. Those additional damages were claims at common law which existed independently of the subsequent dismissal. The claims arose before the dismissal and were not consumed by it. The claims stood. Lord Nicholls said: "If before his dismissal, whether actual or constructive, an employee has acquired a cause of action at law, for breach of contract or otherwise, that cause of action remains unimpaired by his subsequent unfair dismissal and the statutory rights flowing therefrom. By definition, in law such a cause of action exists independently of the dismissal." 1 Cites 1 Citers [ House of Lords ] - [ Bailii ] Â Dunnachie v Kingston-upon-Hull City Council [2004] UKHL 36; Times, 16 July 2004; [2005] 1 AC 226; Gazette, 11 March 2004; [2004] ICR 1052 15 Jul 2004 HL Lord Nicholls of Birkenhead, Lord Steyn, Lord Hoffmann, Lord Rodger of Earlsferry, Lord Brown of Eaton-under-Heywood Damages, Employment The claimant sought damages following his dismissal to include a sum to reflect the manner of his dismissal and the distress caused. Held: The remarks of Lord Hoffmann in Johnson -v- Unysis were obiter. The court could not, under the section, include any element for a non-financial loss, such as injury to feelings arising from the dismissal itself. Employment Rights Act 1996 123(1) 1 Cites 1 Citers [ House of Lords ] - [ Bailii ] Â Castro v Design 36 Ltd Times, 28 July 2004 16 Jul 2004 EAT Birtles J Employment When considering whether an employment had been transferred the tribunal was to give to the word 'transfer' in section 218 of the 1995 Act, the same meaning as was given under the 1981 Regulations. Both provisions were to be seen as part of the same scheme of protection. In this case there had been such a transfer, and the employment had been continous and the claimant had protection from unfair dismissal. Employment Rights Act 1996 218(2) - Transfer of Undertakings (Protection of Employment) Regulations 1981 (1981) 1794) Â Bezant v Tertiary Enterprises Ltd [2004] UKEAT 0348_04_1907 19 Jul 2004 EAT Employment [ Bailii ] Â Dr L Bezant v Tertiary Enterprises Ltd (Fomerly Wadhurst Park Ltd) (In Liquidation) UKEATPA/0348/04 19 Jul 2004 EAT The Honourable Mr Justice Burton Employment EAT Practice and Procedure - Estoppel or Abuse of Process. [ EATn ] Â Attorney General v D'Souza [2004] UKEAT 0139_04_1907 19 Jul 2004 EAT Employment EAT Application by the Attorney-General for a Restriction of Proceedings Order pursuant to section 33 of the Employment Tribunals Act 1996 granted. It is not open to the Employment Appeal Tribunal considering an application under section 33 to revisit the conclusions of the judges in the underlying proceedings upon which the application is based. 1 Cites [ Bailii ] Â Dr L Bezant v Tertiary Enterprises Ltd ( Fomerly Wadhurst Park Ltd) (In Liquidation) UKEATPA/0348/04 19 Jul 2004 EAT The Honourable Mr Justice Burton Employment EAT Practice and Procedure - Estoppel Â Iron and Steel Trades Confederation v Asw Ltd [2004] UKEAT 0452_04_2007 20 Jul 2004 EAT Employment [ Bailii ] Â Iron and Steel Trades Confederation Appellant v Asw Ltd (In Liquidation) Respondent UKEAT/0452/04 20 Jul 2004 EAT The Honourable Mr Justice Burton (President) Employment EAT Practice and Procedure - Costs. [ EATn ] Â Iron and Steel Trades Confederation Appellant v Asw Ltd (In Liquidation) Respondent UKEAT/0452/04 20 Jul 2004 EAT The Honourable Mr Justice Burton (President) Employment EAT Time Limits - Reasonable practicability. [ EATn ] Â Hawkins v N Darken T/A Sawbridgeworth Motorcycles UKEAT/0367/04; [2004] UKEAT 0367_04_2007 20 Jul 2004 EAT The Honourable Mr Justice Mitting Employment EAT Contract of Employment - Definition of employee 1 Cites 1 Citers [ Bailii ] - [ EATn ] Â Iron and Steel Trades Confederation v Asw Ltd (In Liquidation) UKEAT/0425/04 20 Jul 2004 EAT The Honourable Mr Justice Burton Employment EAT Time Limits - Reasonable practicability Â Â Kahn v The University of Warwick Professor Paliwala, Professor Mcconville; EAT 20-Jul-2004 - UKEAT/1223/02_2007; [2004] UKEAT 1223_02_2007 Â Iron and Steel Trades Confederation Appellant v Asw Ltd (In Liquidation) Respondent UKEAT/0452/04 20 Jul 2004 EAT The Honourable Mr Justice Burton (President) Employment EAT Time Limits - Reasonable practicability. Â Iron and Steel Trades Confederation v Asw Ltd (In Liquidation) UKEAT/0452/04 20 Jul 2004 EAT The Honourable Mr Justice Burton Employment EAT Time Limits - Reasonable practicability Â Iron and Steel Trades Confederation Appellant v Asw Ltd (In Liquidation) Respondent UKEAT/0452/04 20 Jul 2004 EAT The Honourable Mr Justice Burton (President) Employment EAT Practice and Procedure - Costs. Â Kahn v University of Warwick and others [2004] UKEAT 1223_02_2007 20 Jul 2004 EAT Employment 1 Cites [ Bailii ] Â Iron and Steel Trades Confederation v ASW Ltd (Costs) [2004] UKEAT 0452_04_2007C; [2004] IRLR 926 20 Jul 2004 EAT Employment EAT Although the claim had no reasonable prospect of success and was dismissed without judgment being reserved, Applicant did not act unreasonably in bringing or continuing it (particularly since it was sifted through to FH). But suggestion of a practice at the EAT that costs would not be awarded (absent deception) where the appeal survived the sift or a PH scotched (dicta in Cootes v John Lewis plc EAT/1414/00 disapproved). [ Bailii ] Â Iron and Steel Trades Confederation v Asw Ltd (In Liquidation) UKEAT/0452/04/SM 20 Jul 2004 EAT The Honourable Mr Justice Burton Employment EAT Time Limits - Reasonable practicability. Â Atos Origin IT Services UK Ltd v Haddock [2004] UKEAT 0100_04_2107; UKEAT/0100/04; [2005] IRLR 20; [2005] ICR 277 21 Jul 2004 EAT The Honourable Mr Justice Mitting Employment EAT Practice and Procedure - Appellate jurisdiction/Reasons/Burns-Barke.- 8(R): Respondent who has not entered Notice of Appearance in Employment Tribunal held entitled to appeal on remedy. 12(J): Applicant must give credit against award for future loss for payment likely to be made under Permanent Health Scheme by employer. 1 Citers [ Bailii ] - [ EAT ] Â Hillcrest Care Ltd v N Morrison UKEAT/0299/04 21 Jul 2004 EAT The Honourable Mr Justice Mitting Employment EAT Unfair Dismissal - Reasonableness of dismissal. [ EATn ] Â Hugh Bryant and Reginald Bench T/A Bryant Hamilton and Co v D Weir UKEAT/0253/04; [2004] UKEAT 0253_04_2107 21 Jul 2004 EAT The Honourable Mr Justice Burton Employment EAT Practice and Procedure - Costs [ Bailii ] Â Street v Derbyshire Unemployed Workers' Centre [2004] EWCA Civ 964; Times, 06 September 2004; [2004] IRLR 687; [2004] 4 All ER 839; [2005] ICR 97 21 Jul 2004 CA Lord Justice Auld Lord Justice Wall Lord Justice Jacob Employment The claimant alleged that she had been dismissed for making qualifying disclosures about her employers. The employer said that her actions had not been in good faith. The claimant answered that her motive was irrelevant. The claimant appealed dismissal of her claim. Held: The minimum requirement of the Act was that the disclosures were made in good faith. Section 43G(1) required also reasonable belief that the information was true, that it was not made for personal gain, that she would suffer detriment if disclosure was made, and an overall requirement of reasonableness. Good faith meant honest and more according to the context, but honesty might be a requirement also of the other elements. Where an employee, in making a relevant disclosure, has mixed motives, good and bad, the disclosure will not necessarily have been made in bad faith. The statutory protection is afforded to those who make disclosures in the public interest. There should only be a finding of absence of good faith if the predominant motive was ulterior. The tribunal had found the main, if not sole motive to be personal animosity, and it was not for an appellate court to disturb that finding. Appeal dismissed. Employment Rights Act 1996 43B 43G(1) - Public Interest Disclosure Act 1998 5 1 Cites 1 Citers [ Bailii ] Â Hillcrest Care Ltd v N Morrison UKEAT/0299/04 21 Jul 2004 EAT The Honourable Mr Justice Mitting Employment EAT Unfair Dismissal - Reasonableness of dismissal Â Hugh Bryant and Reginald Bench T/A Bryant Hamilton and Co v Ms D Weir UKEAT/0253/04 21 Jul 2004 EAT The Honourable Mr Justice Burton Employment EAT Practice and Procedure - Costs. [ EATn ] Â Hillcrest Care Ltd v Morrison [2004] UKEAT 0299_04_2107 21 Jul 2004 EAT Employment [ Bailii ] Â Ms Ls Davies G Baig v Eton Air Ltd UKEAT/0016/04 22 Jul 2004 EAT The Honourable Mr Justice Mitting Employment EAT Transfer of Undertakings - Transfer Â La Recruitment and Management Services Ltd v Mackinnon [2004] UKEAT 0020_04_2207 22 Jul 2004 EAT Employment [ Bailii ] Â La Recruitment and Management Services Ltd v Linda Mackinnon EATS/0020/04 22 Jul 2004 EAT His Honour Judge J Mcmullen Q.C. Employment EAT Unfair Dismissal - Exclusions including worker/jurisdiction. [ EATn ] Â Ms Ls Davies, G Baig v Eton Air Ltd UKEAT/0016/04 22 Jul 2004 EAT The Honourable Mr Justice Mitting Employment EAT Transfer of Undertakings - Transfer. [ EATn ] Â Sinclair Roche and Temperley and others v Heard and Another [2004] UKEAT 0738_03_2207; UKEAT/0738/03; [2004] IRLR 763 22 Jul 2004 EAT The Honourable Mr Justice Burton Employment, Discrimination EAT Sex discrimination claim by former partners against the partnership and individual partners: direct discrimination (in both cases) and indirect discrimination (in one) found by ET. (i) ET must, if ordering written submissions, allow sufficient time for them to be prepared and in particular to be considered and assimilated by the other party and the Tribunal before oral submissions. (ii) Findings of direct and indirect discrimination set aside and remitted. Respondent must be entitled to give, and have considered, justification and/or non-discriminatory explanations for an adequately established prima facie case of unfavourable treatment or discrimination (Anya, Wolff and Bahl applied). (iii) Remitted to same Tribunal - principles for the taking of such course set out. (iv) Issues of knowingly aiding and of indemnity / contribution between partners for acts of discrimination considered and remitted. 1 Cites 1 Citers [ Bailii ] - [ EATn ] Â Davies and Another v Eton Air Ltd [2004] UKEAT 0016_04_2207 22 Jul 2004 EAT Employment [ Bailii ] Â Learnihan v TDK UK Ltd [2004] EWCA Civ 1184 23 Jul 2004 CA Employment [ Bailii ] Â St Helens Mbc v Derbyshire and others [2004] UKEAT 0952_03_2307 23 Jul 2004 EAT Employment [ Bailii ] Â Mark Huggins v Micrel Semiconductor (Uk) Ltd [2004] UKEAT 0009_04_2607; EATS/0009/04 26 Jul 2004 EAT His Honour Judge Mcmullen Qc Employment EAT Unfair Dismissal - Exclusions including worker/jurisdiction. [ Bailii ] - [ EATn ] Â Â Sidabras And Dziautas v Lithuania; ECHR 27-Jul-2004 - 59330/00; [2004] ECHR 395; 55480/00; (2004) 42 EHRR 104 Â James Greig v DTZ Management Services Ltd EATS/0033/04; [2004] UKEAT 0033_04_2707 27 Jul 2004 EAT His Honour Judge Mcmullen QC Discrimination, Employment, Scotland EAT Disability Discrimination - Disability 1 Cites [ Bailii ] - [ EATn ] Â Beaumont v Amicus MSF [2004] UKEAT 0122_03_0408 27 Jul 2004 EAT Employment 1 Cites 1 Citers [ Bailii ] Â Â Redcar and Cleveland Borough Council Jarvis Plc v Degnan, Carter, Forster, Johnson; EAT 27-Jul-2004 - UKEAT/0321/04; [2004] UKEAT 0321_04_2707; UKEAT/321/04/SM Â Eildon Ltd v Sharkey [2004] UKEAT 0109_03_2807; EATS/0109/03 28 Jul 2004 EAT McMullen QC J Employment EAT Practice and Procedure - Employment Tribunal made adverse findings against Respondent when the point had not been put to its 3 witnesses in XX. Remit to new Employment Tribunal. Employment Rights Act 1996 99 1 Cites [ Bailii ] - [ EAT ] Â Pallett v Pent Valley Foundation School [2004] UKEAT 0820_03_2807 28 Jul 2004 EAT Employment 1 Cites 1 Citers [ Bailii ] Â Derek Allen v National Australia Group Europe Ltd EATS/0102/03 29 Jul 2004 EAT His Honour Judge Mcmullen Q.C. Employment EAT Fixed Term Regulations - (no sub-topic). [ EATn ] Â Perkin v St George's Healthcare NHS Trust [2004] UKEAT 0293_04_2907 29 Jul 2004 EAT Employment [ Bailii ] Â Bruce v Chamberlain, Addleshaw Goddard and Co [2004] EWCA Civ 1047 29 Jul 2004 CA Lord Justice Wall Employment 1 Cites [ Bailii ] Â I K Perkin v St George's Healthcare NHS Trust UKEAT/0293/04 29 Jul 2004 EAT The Honourable Mr Justice Mitting Employment EAT Unfair Dismissal - Contributory fault. [ EATn ] Â Lambe v 186K Ltd [2004] EWCA Civ 1045; [2005] ICR 307 29 Jul 2004 CA Lord Justice Laws The President Dame Elizabeth Butler-Sloss Lord Justice Wall Employment The claimant had been dismissed for redundancy, but the company had been found not to have consulted him properly, and he had therefore been unfairly dismissed. The tribunal had then found that even if consulted the result would not have been substantially different. Held: The tribunal had been free to conclude that no different result would have been arrived at if a consultation had indeed taken place. However the tribunal had failed to give sufficient reasons for its conclusion that the claimant had not been misled as to his pension entitlements. 1 Cites 1 Citers [ Bailii ] Â Spicer v Government of Spain [2004] EWCA Civ 1046; Times, 10 September 2004 29 Jul 2004 CA Lord Justice Ward Lord Justice Wall The Right Honourable Lord Justice Hooper Employment, Discrimination The claimant worked at a school in London operated by the respondent, and he was paid by them. Spanish teachers received relocation allowances, and he complained that this was discriminatory. The respondent had failed to comply with the order made by the EAT. Held: The failure by the respondent to comply with the order meant that it was now debarred form seeking to rely upon a defence of objective justification. Spanish civil servants relocated here received a higher overall income than their English counterparts. The EAT had erred in finding no detriment to the claimant. In doing so it had readmitted at the back door the defence of objective justification turned away at the front. Race Relations Act 1976 1 1 Cites [ Bailii ] Â Derek Allen v National Australia Group Europe Ltd EATS/0102/03 29 Jul 2004 EAT The Honourable Lord Johnston Employment EAT Fixed Term Regulations Â Allen v National Austrialia Group Europe Ltd [2004] UKEAT 0102_03_2907 29 Jul 2004 EAT Employment [ Bailii ] Â Thomas Martin v J F X-Press Ltd EATS/0010/04 30 Jul 2004 EAT His Honour Judge Mcmullen QC Employment EAT UNFAIR DISMISSAL,br />(1) No error on ET’s finding R. acted reasonably in dismissing A. at the instance of its sole client, albeit R. acknowledged an injustice to A. PRACTICE and PROCEDURE (2) Application to adduce new evidence refused. PD para 8(2) applied. In a case in which the Employment Tribunal expressly finds that there is injustice to the employee, it can nevertheless still legitimately conclude that the decision to dismiss is fair. 1 Citers [ EATn ] Â Martin v JFX-Press Ltd [2004] UKEAT 0010_04_3007 30 Jul 2004 EAT Employment [ Bailii ] Â Ramdoolar v Bycity Ltd UKEAT/0236/04; [2004] UKEAT 0236_04_3007 30 Jul 2004 EAT The Honourable Mr Justice Mitting Employment EAT Unfair Dismissal - Automatically unfair reasons. [ Bailii ] - [ EAT ] Â V v Addey and Stanhope School [2004] EWCA Civ 1065; Times, 28 September 2004; [2004] 4 All ER 1056; [2005] 1 CMLR 3; [2005] ICR 231 30 Jul 2004 CA Lord Justice Mummery President, The Vice President Lord Justice Brooke Employment, Discrimination The respondent resisted a claim of unfair dismissal and race discrimination on the basis that the employment contract was illegal since the claimant was an immigrant and unable to work without a work permit. Held: The Court of Appeal upheld a defence of illegality to a teacher's complaint against a school of unlawful discrimination by dismissal on racial grounds. The teacher was an asylum-seeker who was not entitled to work in the UK without a work permit, which he never obtained. This not a case where the applicant has been working in good faith in the belief that it was lawful for him to work. As to the illegal conduct here (a) it was that of the applicant; (b) it was criminal; (c) it went far beyond the manner in which one party performed what was otherwise a lawful employment contract; (d) it went to the basic content of an employment situation-work; (e) the duty not to discriminate arises from an employment situation which, without a permit, was unlawful from top to bottom and from beginning to end. The teacher's employment "was unlawful from top to bottom and from beginning to end". The court had "to consider whether the applicant's claim arises out of or is so clearly connected or inextricably bound up or linked with the illegal conduct of the applicant that the court could not permit the applicant to recover compensation without appearing to condone that conduct." Mummery LJ analysed the inextricable link test: "Although Hall's case . . uses some of the familiar language of legal and factual causation ('connection', 'link'), the test does not restrict the tribunal to a causation question. Matters of fact and degree have to be considered: the circumstances surrounding the applicant's claim and the illegal conduct, the nature and seriousness of the illegal conduct, the extent of the applicant's involvement in it and the character of the applicant's claim are all matters relevant to determining whether the claim is so "inextricably bound up with" the applicant's illegal conduct that, by permitting the applicant to recover compensation, the tribunal might appear to condone the illegality." Immigration Act 1971 24 - Race Relations Act 1976 (Amendment) Regulations 2003 - Council Directive 2000/43/EC 1 Cites 1 Citers [ Bailii ] Â Wheeler v Qualitydeep Ltd. (T/A Thai Royale Restaurant) [2004] EWCA Civ 1085; Times, 30 August 2004 30 Jul 2004 CA The Right Honourable Lord Justice Ward, The Right Honourable Lord Justice Wall and The Right Honourable Lord Justice Hooper Employment The employee, a foreign national with only limited command of English, claimed unfair dismissal. It was responded on behalf of her former employers, now in liquidation, that there could be no unfair dismissal since there had been no deductions of National Insurance and Income Tax, and that therefore the contract was illegal. Held: The factual findings were unclear. It had been the employment tribunal which had of its own motion raised the argument that the contract was illegal. The EAT had applied the wrong test. The decision was incorrect, but might have been different had the applicant a greater understanding of English law and practice. 1 Cites [ Bailii ] Â McDaid v Derry City Council [2004] NIIT 890_02 2 Aug 2004 NIIT Northern Ireland, Employment [ Bailii ] Â McDaid v Derry City Council (Unlawful Deduction From Wages) [2004] NIIT 41 2 Aug 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Â Bamford and others v Persimmon Homes NW Ltd; EAT 3-Aug-2004 - [2004] UKEAT 0049_04_0308; UKEAT/0049/04 Â Morris Homes (North) Ltd v Batty and Another [2004] UKEAT 0691_03_0308 3 Aug 2004 EAT Employment [ Bailii ] Â Gray v Hagan's Leisure Group Ltd [2004] NIIT 143_03 3 Aug 2004 NIIT Employment [ Bailii ] Â Tate Bramald Ltd v A Oliver UKEAT/125/04 3 Aug 2004 EAT His Honour Judge Prophet Employment EAT Unfair Dismissal - Compensation. [ EATn ] Â Chubb Security Personnel Ltd v B Bates UKEAT/358/04 3 Aug 2004 EAT His Honour Judge Ansell Employment EAT Unlawful Deduction from Wages Â Chubb Security Personnel Ltd v B Bates UKEAT/358/04 3 Aug 2004 EAT His Honour Judge Ansell Employment EAT Unlawful Deduction from Wages - (no sub-topic). [ EATn ] Â Gray v Hagan's Leisure Group Limited [2004] NIIT 42 3 Aug 2004 NIIT Employment (Sexual Harassment/Victimisation) [ Bailii ] Â Chubb Security Personnel Ltd v Bates [2004] UKEAT 0358_04_0308 3 Aug 2004 EAT Employment [ Bailii ] Â Tate Bramald Ltd v Oliver [2004] UKEAT 0125_04_0308 3 Aug 2004 EAT His Honour Judge Prophet Employment EAT Unfair Dismissal - Compensation [ Bailii ] Â Transport and General Workers Union v Manchester Airport Plc [2004] UKEAT 0198_04_0408; UKEAT/0198/04 4 Aug 2004 EAT His Honour Judge Pugsley Employment EAT Redundancy - Collective consultation and information 1 Cites [ Bailii ] - [ EAT ] Â Hyde v Lehman Brothers Ltd [2004] UKEAT 0121_04_0408 4 Aug 2004 EAT Employment 1 Cites [ Bailii ] Â SA Mclachlan v The Chief Constable of the Cambridgeshire Constabulary [2004] UKEAT 0947_03_0408; UKEAT/0947/03 4 Aug 2004 EAT His Honour Judge J Mcmullen QC Employment EAT Practice and Procedure - Bias, misconduct and procedural irregularity [ Bailii ] Â Wd Hanlon v Kirklees Metropolitan Council T Jepson C Platts T Brown, J Russell, A Ewart UKEAT/0119/04; [2004] UKEAT 0119_04_0408 4 Aug 2004 EAT His Honour Judge Ansell Employment EAT Practice and Procedure - Striking-out [ Bailii ] Â SA McLachlan v The Chief Constable of the Cambridgeshire Constabulary UKEAT/0947/03 4 Aug 2004 EAT His Honour Judge J Mcmullen Qc Employment EAT Practice and Procedure - Bias, misconduct and procedural irregularity. [ EATn ] Â N Hamilton v Arriva Trains Northern Ltd UKEAT/0310/04 4 Aug 2004 EAT His Honour Judge Prophet Employment EAT Practice and Procedure - Parties. [ EATn ] Â Wd Hanlon v 1) Kirklees Metropolitan Council 2) T Jepson 3) C Platts 4) T Brown 5) Ms J Russell 6) Ms A Ewart UKEAT/0119/04 4 Aug 2004 EAT His Honour Judge Ansell Employment EAT Practice and Procedure - Striking-out/dismissal. [ EATn ] Â N Hamilton v Arriva Trains Northern Ltd UKEAT/0310/04; [2004] UKEAT 0310_04_0408 4 Aug 2004 EAT His Honour Judge Prophet Employment EAT Practice and Procedure - Parties [ Bailii ] Â Simpson and others v Lyle and others (Sex Discrimination) [2004] NIIT 43 5 Aug 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Â Murray v Leisureplay Plc; QBD 5-Aug-2004 - [2004] EWHC 1927 (QB); [2005] IRLR 946 Â Nottingham City Council v Green and others [2004] UKEAT 0904_03_0508 5 Aug 2004 EAT Employment [ Bailii ] Â Wecomm Ltd v Rosenhoiz [2004] EWHC 1854 (QB) 5 Aug 2004 QBD Employment [ Bailii ] Â Simpson and others v Lyle and others [2004] NIIT 2119_02 5 Aug 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Coutts and Co Plc Royal Bank of Scotland v Paul Cure Peter Fraser [2004] UKEAT 0395_04_1709; UKEAT/0395/04 6 Aug 2004 EAT His Honour Judge Mcmullen QC Employment The applicants complained of less favourable treatment as fixed term workers in that they had not been paid a non-contractual bonus. The employer said the claim was out of time, and appealed a finding against it. Held: Time ran from the date of the act about which the complaint was made. In this case that was not the date when the decision was made in principal to make such a payment, but the date when the employer decided upon and fixed the details. Detriment under the regulations was to be given a very wide meaning. In each case the court or tribunal should look to ask what was the discriminatory act of which complaint was made. Fixed Term Employees (Prevention of Less Favourable Treatment) Regulations 2002 (2002 No 2034) 1 Cites [ Bailii ] Â Coutts and Co Plc, Royal Bank of Scotland v Cure, Fraser UKEAT/0395/04 6 Aug 2004 EAT His Honour Judge Mcmullen Qc Employment EAT Fixed Term Regulations - (no sub-topic). [ EATn ] Â Nicolas UK Ltd v Troquet [2004] UKEAT 0923_03_1208 12 Aug 2004 EAT Employment [ Bailii ] Â Â Orthet Ltd v Vince-Cain; EAT 12-Aug-2004 - [2004] UKEAT 0801_03_1208; UKEAT/0801/03(2); [2004] IRLR 857; [2005] ICR 374 Â The Mayor and Burgesses of the London Borough of Islington v D Guest UKEAT/0129/04 13 Aug 2004 EAT His Honour Judge Ansell Employment EAT Practice and Procedure - Appellate jurisdiction/Reasons/Burns-Barke. [ EATn ] Â the Mayor and Burgesses of the London Borough of Islington v D Guest UKEAT/0129/04 13 Aug 2004 EAT His Honour Judge Ansell Employment EAT Practice and Procedure - Appellate jurisdiction Â Ms J Evans v Capio Healthcare (Uk) Ltd UKEAT/0143/04 16 Aug 2004 EAT His Honour Judge Mcmullen Qc Employment EAT Unfair Dismissal - Polkey deduction. [ EATn ] Â J Evans v Capio Healthcare (Uk) Ltd UKEAT/0143/04 16 Aug 2004 EAT His Honour Judge Mcmullen QC Employment EAT Unfair Dismissal - Polkey deduction Â Sovereign Publications Ltd v Alvarez [2004] UKEAT 0849_03_1608 16 Aug 2004 EAT Employment [ Bailii ] Â Evans v Capio Healthcare (Uk) Ltd [2004] UKEAT 0143_04_1608 16 Aug 2004 EAT Employment [ Bailii ] Â Marks and Spencer Plc v S Williams Ryan UKEAT/0145/04; [2004] UKEAT 0145_04_1009 17 Aug 2004 EAT His Honour Judge Ansell Employment EAT Time Limits - Reasonable practicability 1 Cites 1 Citers [ Bailii ] - [ EATn ] Â Furness v TBF the Teacher Support Network [2004] UKEAT 0161_04_1708 17 Aug 2004 EAT Employment [ Bailii ] Â Dobbs v British Library [2004] UKEAT 0302_04_1708 17 Aug 2004 EAT Employment [ Bailii ] Â Sheila Dobbs v the British Library UKEAT/0302/04 17 Aug 2004 EAT His Honour Judge D Pugsley Employment EAT Unfair Dismissal - Procedural fairness/automatically unfair dismissal. [ EATn ] Â S Furness v Tbf the Teacher Support Network EAT/0161/04/SM 17 Aug 2004 EAT His Honour Judge Mcmullen Qc Employment EAT Practice and Procedure - Compromise. [ EATn ] Â S Furness v TBF the Teacher Support Network UKEAT/0161/04 17 Aug 2004 EAT His Honour Judge Mcmullen Qc Employment EAT Practice and Procedure - Striking-out/dismissal. [ EATn ] Â Sheila Dobbs v the British Library UKEAT/0302/04 17 Aug 2004 EAT His Honour Judge D Pugsley Employment EAT Unfair Dismissal - Procedural fairness Â Environment Plus (Uk) Ltd v J Parton UKEAT/0458/04 18 Aug 2004 EAT His Honour Judge Mcmullen QC Employment EAT Practice and Procedure - Case Management Â Jones v Rotherham Metropolitan Borough Council and others [2004] UKEAT 0441_04_1808 18 Aug 2004 EAT Employment [ Bailii ] Â Environment Plus (Uk) Ltd v J Parton UKEAT/0458/04 18 Aug 2004 EAT His Honour Judge Mcmullen Qc Employment EAT Practice and Procedure - Case Management. [ EATn ] Â Ms M Jones v Rotherham Metropolitan Borough Council and others UKEAT/0441/04 18 Aug 2004 EAT His Honour Judge Pugsley Employment EAT Practice and Procedure - Costs. [ EATn ] Â M Jones v Rotherham Metropolitan Borough Council and others UKEAT/0441/04 18 Aug 2004 EAT His Honour Judge Pugsley Employment EAT Practice and Procedure - Costs Â Pinnington v Swansea City and County and Another [2004] EWCA Civ 1180 19 Aug 2004 CA Employment 1 Cites 1 Citers [ Bailii ] Â Stewart v National Australia Group Limited (Redundancy Pay / Notice Pay / Outstanding Wages / Unfair Dismissal/Holiday Pay) [2004] NIIT 44 20 Aug 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Master Care Service and Distribution Ltd v B Naylor UKEAT/0275/04 20 Aug 2004 EAT His Honour Judge Ansell Employment EAT Unfair Dismissal - Compensation. [ EATn ] Â Senyonjo v Trident Safeguards Ltd and Another [2004] UKEAT 0316_04_2008; UKEAT/0316/04 20 Aug 2004 EAT Employment EAT Practice and Procedure - Admissibility of evidence. [ Bailii ] - [ EATn ] Â Middleweek v Collins Stewart Ltd [2004] EWCA Civ 1179 20 Aug 2004 CA Employment, Litigation Practice Ex parte application for leave to appeal against order allowing amendment of pleadings. [ Bailii ] Â Stewart v National Australia Europe Group Ltd [2004] NIIT 54_02 20 Aug 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Master Care Service and Distribution Ltd v B Naylor UKEAT/0275/04 20 Aug 2004 EAT His Honour Judge Ansell Employment EAT Unfair Dismissal - Compensation Â Morrison v Key Housing Association EATS/0107/03; [2004] UKEAT 0107_03_2308 23 Aug 2004 EAT The Honourable Lord Johnston Discrimination, Employment, Scotland EAT Disability Discrimination - Disability 1 Cites [ Bailii ] - [ EATn ] Â Dehvasati v Aberdeen City Council [2004] UKEAT 0103_03_2308 23 Aug 2004 EAT Employment [ Bailii ] Â Dolphin Drilling Ltd v Gordon and others [2004] UKEAT 0101_03_2408 24 Aug 2004 EAT Employment [ Bailii ] Â H Peters v Sat Katar Co Ltd (In Liquidation) UKEAT/0019/04 24 Aug 2004 EAT His Honour Judge Mcmullen QC Employment EAT Unfair Dismissal - Reason for dismissal Â Peters v Sat Katar Co Ltd [2004] UKEAT 0019_04_2408 24 Aug 2004 EAT Employment [ Bailii ] Â Ms H Peters v Sat Katar Co Ltd (In Liquidation) UKEAT/0019/04 24 Aug 2004 EAT His Honour Judge Mcmullen Qc Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â Schlesinger v Swindon and Marlborough NHS Trust [2004] UKEAT 0072_04_2408; UKEAT/0072/04 24 Aug 2004 EAT His Honour Judge Ansell Employment EAT Unfair Dismissal Polkey - loss of privilege on dismissal would have occurred. Basic award reduced to nil - (for Ridgeway contract - assessment) [ Bailii ] - [ EATn ] Â Dolphin Drilling Ltd v Michael Gordon, Victor Rowlands, Tor Drilling (Uk) Ltd, China National Star Petroleum Corporation EATS/0101/03 24 Aug 2004 EAT The Honourable Lord Johnston Employment EAT Transfer of Undertakings - Acquired rights directive. [ EAT ] Â Turck Banner Ltd v Frank Cassidy EATS/0098/03 25 Aug 2004 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Exclusions including worker/jurisdiction. [ EATn ] Â Turck Banner Ltd v Frank Cassidy EATS/0098/03; [2004] UKEAT 0098_03_2508 25 Aug 2004 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Exclusions including worker [ Bailii ] Â D Holland v BHS Ltd UKEAT/0224/04 25 Aug 2004 EAT His Honour Judge Pugsley Employment EAT Unfair Dismissal - Reasonableness of dismissal. [ EAT ] Â Â D Holland v BHS Ltd; EAT 25-Aug-2004 - [2004] UKEAT 0224_04_2508; UKEAT/0224/04 Â Safeway Stores Ltd v KZ Royer [2004] UKEAT 0520_04_2508; UKEAT/0520/04 25 Aug 2004 EAT His Honour Judge Mcmullen QC Employment EAT Practice and Procedure - Estoppel EAT Practice and Procedure - Estoppel or Abuse of Process. 1 Citers [ Bailii ] - [ EATn ] Â Gner Ltd v Plank [2004] UKEAT 0036_03_2608 26 Aug 2004 EAT Employment [ Bailii ] Â Great Oaks Kids Club Ltd v Harvey [2004] UKEAT 0043_04_2708 27 Aug 2004 EAT Employment [ Bailii ] Â Great Oaks Kids Club Ltd v Ms Clare Mary Harvey EATS/0043/04 27 Aug 2004 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Exclusions including worker/jurisdiction. [ EATn ] Â Great Oaks Kids Club Ltd v Clare Mary Harvey EATS/0043/04 27 Aug 2004 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Exclusions including worker Â Madden v Preferred Technical Group CHA Limited, Guest [2004] EWCA Civ 1178; [2005] IRLR 46 27 Aug 2004 CA Lord Justice Ward The Right Honourable Lord Justice Hooper Lord Justice Wall Discrimination, Employment The claimant had made a complaint of race discrimination. The complaint was dismissed. Some time later the company dismissed him, and he again lodged a complaint. The tribunal found him unfairly dismissed, but again not discriminated against. Held: The Tribunal had been wrong to ignore any motive for the action taken. When it found no discrimination, it was obliged to give reasons for that finding. It had done so. Whilst the claimant had been treated less favourably than others, it appeared not to have arisen from his race. "Tribunals are not required to draw inferences. They may do so. If they either think that that there is no evidence from which inferences can properly drawn, or if they think the evidence does not warrant the drawing of inferences, they should say so." The reason here was the reason was a long standing personality clash between himself and another worker. Wall LJ said: "I do not accept the argument that the hypothetical comparator in a case under RRA 1976 must be, in effect, a clone of the applicant in every respect (including personality and personal characteristics) except that he or she is a different race. Nothing that I read in the speeches in Shamoon leads me to that conclusion, nor does the statute." Race Relations Act 1976 1 1 Cites [ Bailii ] Â Barry v Alexander Rankin and Son [2004] NIIT 1347_03 1 Sep 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Maitland v University of Ulster [2004] NIIT 2415_02 1 Sep 2004 NIIT Northern Ireland, Employment [ Bailii ] Â A Ryan v Blackburn With Darwen Borough Council, the Governors of Darwen Vale High School UKEAT/0928/03 2 Sep 2004 EAT His Honour Judge Mcmullen Qc Employment EAT Contract of Employment - Notice and pay in lieu. [ EATn ] Â A Ryan v Blackburn With Darwen Borough Council, the Governors of Darwen Vale High School UKEAT/0928/03 2 Sep 2004 EAT His Honour Judge Mcmullen QC Employment EAT Contract of Employment - Notice and pay in lieu Â Marshall v Gs Associates (Scotland) Ltd [2004] NIIT 591_03 2 Sep 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Stafford v Fermanagh and South Tyrone Terrorist Victims Association and Another(Application for Review) [2004] NIIT 45 3 Sep 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Thompson v Conway Brothers Ltd (In Liquidation) [2005] NIIT 5 3 Sep 2004 NIIT Northern Ireland, Employment [ Bailii ] Â John Rutherford and Another v Secretary of State for Trade and Industry [2004] EWCA Civ 1186; Times, 04 November 2004; [2005] ICR 119 3 Sep 2004 CA Lord Justice Mummery, Lord Justice Potter Lord Justice Scott Baker Employment, Discrimination The claimants alleged that the legislation governing retirement was indirectly discriminatory against men. Though the right not to be unfairly dismissed maximum age limit was the same for men and for women, that did not apply on a redundancy. Held: A great deal depended upon the method of selection of the pool of workers, should it include only those workers affected by the point. The primary focus should be on the proportions of men and women who can comply with the requirement of the disputed rule. The ET should have taken the statistics for the entire workforce, to which the unfair dismissal and redundancy pay requirement of being under 65 applied. In this light there was no substantial difference in treatment. Employment Rights Act 1996 94(1) 1 Cites 1 Citers [ Bailii ] Â Thompson v Conway Brothers Ltd (In Liquidation) [2004] NIIT 6_04 3 Sep 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Thompson v Conway Brothers Ltd [2004] NIIT 6_04 3 Sep 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Thorpe v Dul and Another [2004] UKEAT 0041_04_0609 6 Sep 2004 EAT Employment [ Bailii ] Â D Thorpe v K L Dul C Mcgrath (Brooksby Melton College) UKEAT/0041/04 & UKEAT/0042/04 6 Sep 2004 EAT His Honour Judge Ansell Employment EAT Contract of Employment - Definition of employee Â Tate v Craigavon Area Hospital Group Trust [2004] NIIT 155_02 6 Sep 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Tate v Craigavon Area Hosptial Trust (Application for Review) [2004] NIIT 46 6 Sep 2004 NIIT Northern Ireland, Employment [ Bailii ] Â D Thorpe v K L Dul, C Mcgrath (Brooksby Melton College) UKEAT/0041/04 & UKEAT/0042/04 6 Sep 2004 EAT His Honour Judge Ansell Employment EAT Contract of Employment - Definition of employee. [ EATn ] Â Magowan v Laird and Another [2004] NIIT 9502_03 7 Sep 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Chouglay v Ejef Ltd [2004] UKEAT 1000_03_0709 7 Sep 2004 EAT Employment [ Bailii ] Â Mcallister v Precision Industrial Services Ltd and Another [2004] NIIT 2185_01 7 Sep 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Lewis v Rafferty T/A City Construction Services (Unfair Dismissal / Holiday Pay) [2004] NIIT 47 7 Sep 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Martin v Clm Ltd [2004] NIIT 9497_03 7 Sep 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Ms N Chouglay v Ejef Ltd UKEAT/1000/03 7 Sep 2004 EAT His Honour Judge Prophet Employment EAT Practice and Procedure - Bias, misconduct and procedural irregularity. [ EATn ] Â S R Aziz v International Catering Ltd UKEAT/0393/04 7 Sep 2004 EAT His Honour Judge Ansell Employment EAT Practice and Procedure - Perversity. [ EATn ] Â S R Aziz v International Catering Ltd UKEAT/0393/04 7 Sep 2004 EAT His Honour Judge Ansell Employment EAT Practice and Procedure - Perversity Â Aziz v International Catering Ltd [2004] UKEAT 0393_04_0709 7 Sep 2004 EAT Employment [ Bailii ] Â Ward v Markey T/A Kilbroney Bar (Holiday Pay) [2004] NIIT 48 7 Sep 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Lewis v Rafferty [2004] NIIT 1768_03 7 Sep 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Ward v Markey [2004] NIIT 1291_03 7 Sep 2004 NIIT Northern Ireland, Employment [ Bailii ] Â N Chouglay v Ejef Ltd UKEAT/1000/03 7 Sep 2004 EAT His Honour Judge Prophet Employment EAT Practice and Procedure - Bias, misconduct and procedural irregularity Â M Zaman v Qinetiq (Formerly Defence Evaluation Research Agency) (Cda) UKEAT/0440/02 8 Sep 2004 EAT His Honour Judge Ansell Employment EAT Practice and Procedure - Review 1 Cites [ EATn ] Â Moorfields Eye Hospital NHS Trust v Calliste [2004] UKEAT 0138_04_0809 8 Sep 2004 EAT Employment [ Bailii ] Â Billfields Food Company Ltd v Kontemeniotis and Another [2004] UKEAT 0096_04_0809 8 Sep 2004 EAT Employment [ Bailii ] Â Coulter v Donaghy and Another (T/A Country Developments) [2004] NIIT 9033_03 9 Sep 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Mcnally v Jc Campbell (Ni) Ltd [2004] NIIT 415_04 9 Sep 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Port of Tilbury (London) Ltd v N E Birch A Talbot S J Hall A J Beck [2004] UKEAT 0415_04_0909; UKEAT/0415/04; Times, 03 November 2004 9 Sep 2004 EAT His Honour Judge Prophet Employment The parties had prepared a calculation of pension entitlements, but this had not been based upon the standard booklet published. The tribunal had rejected the calculations, and substituted its own based upon the booklet. Held: the tribunal had been wrong to do so. The booklet was intended to provide a way forward where the parties were not able to produce figures themselves. It was not to be used to override competent calculations. The tribunal's first duty was to consider the credible evidence put before it. [ Bailii ] - [ EATn ] Â Jadams v Mcnicholas Construction Services Ltd [2004] NIIT 5356_03 9 Sep 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Mayer v British Broadcasting Corporation [2004] UKEAT 0010_04_1009 10 Sep 2004 EAT Employment [ Bailii ] Â Mcmillan v Tullymore House Ltd [2004] NIIT 9410_03 10 Sep 2004 NIIT Northern Ireland, Employment [ Bailii ] Â L Mayer v British Broadcasting Corporation UKEAT/0010/04 10 Sep 2004 EAT His Honour Judge Ansell Employment EAT Contract of Employment - Mutual trust and confidence Â L Mayer v British Broadcasting Corporation UKEAT/0010/04 10 Sep 2004 EAT His Honour Judge Ansell Employment EAT Contract of Employment - Mutual trust and confidence. [ EATn ] Â Hewitt v Rea (T/A Grange Travel) [2004] NIIT 156_04 10 Sep 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Goldrailtravel Ltd (T/A Goldrail Holidays) v Marchand [2004] UKEAT 0435_04_1309 13 Sep 2004 EAT Employment [ Bailii ] Â London Underground Ltd v Fisher [2004] UKEAT 0104_04_1309 13 Sep 2004 EAT Employment [ Bailii ] Â O'Hare v Intouch Network Solutions [2004] NIIT 1109_03 13 Sep 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Sahota v Dudley Metropolitan Borough Council [2004] UKEAT 0821_03_1309 13 Sep 2004 EAT Employment [ Bailii ] Â London Underground Ltd v N Fisher UKEAT/0104/04 13 Sep 2004 EAT His Honour Judge Mcmullen QC Employment EAT Unlawful Deduction from Wages Â Bruce v Dial House Chester (Registered Charity) [2004] UKEAT 0555_04_1309 13 Sep 2004 EAT Employment [ Bailii ] Â Ranjit Sahota v Dudley Metropolitan Borough Council UKEAT/0821/03 13 Sep 2004 EAT Mr Commissioner Howell QC Employment EAT Practice and Procedure - Bias, misconduct and procedural irregularity Â Ranjit Sahota v Dudley Metropolitan Borough Council UKEAT/0821/03 13 Sep 2004 EAT Mr Commissioner Howell Qc Employment EAT Practice and Procedure - Bias, misconduct and procedural irregularity. [ EATn ] Â Goldrailtravel Ltd T/A Goldrail Holidays v K Marchand UKEAT/0435/04 13 Sep 2004 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Exclusions including worker/jurisdiction. [ EATn ] Â London Underground Ltd v N Fisher UKEAT/0104/04 13 Sep 2004 EAT His Honour Judge Mcmullen Qc Employment EAT Unlawful Deduction from Wages - (no sub-topic). [ EATn ] Â Knight v Northern Ireland Housing Executive (Pre-Hearing Review) [2004] NIIT 49 13 Sep 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Knight v Northern Ireland Housing Executive [2004] NIIT 251_03 13 Sep 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Goldrailtravel Ltd T/A Goldrail Holidays v K Marchand UKEAT/0435/04 13 Sep 2004 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Exclusions including worker Â Stafford v Fermanagh and South Tyrone Terrorist Victims Association and Another [2004] NIIT 1169_02 14 Sep 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Collins v Home Office [2004] UKEAT 0166_04_1409 14 Sep 2004 EAT Employment [ Bailii ] Â London Borough of Islington v Guest [2004] UKEAT 0129_04_1409 14 Sep 2004 EAT Employment [ Bailii ] Â Geraldine Cyrilla Anne Cox v Pc World (Dixons Stores Group Retail Limited) UKEAT/0219/04 15 Sep 2004 EAT Her Honour Judge Wakefield Employment EAT Unlawful Deduction from Wages Â Cox v Pc World [2004] UKEAT 0219_04_1509 15 Sep 2004 EAT Employment [ Bailii ] Â Bradford v Leathem [2004] NIIT 297_04 15 Sep 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Somerville v Blanch-Pak (Production) Co [2004] NIIT 9476_03 15 Sep 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Bradford v Leathem (Constructive Dismissal) [2004] NIIT 50 15 Sep 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Geraldine Cyrilla Anne Cox v Pc World (Dixons Stores Group Retail Limited) UKEAT/0219/04 15 Sep 2004 EAT Her Honour Judge Wakefield Employment EAT Unlawful Deduction from Wages - (no sub-topic). [ EATn ] Â Pirelli Cables Ltd v K Guerard UKEAT/0254/04 16 Sep 2004 EAT His Honour Judge Mcmullen Qc Employment EAT Unfair Dismissal - Compensation. [ EATn ] Â Carlisle Facilities Group v Matrix Events and Security Services and others [2004] UKEAT 0380_04_1609 16 Sep 2004 EAT Employment [ Bailii ] Â Pirelli Cables Ltd v K Guerard [2004] UKEAT 0254_04_1609; UKEAT/0254/04 16 Sep 2004 EAT His Honour Judge Mcmullen QC Employment EAT Unfair Dismissal - Compensation [ Bailii ] Â Carlisle Facilities Group v Matrix Events and Security Sea France Ltd C Carr and others UKEAT/0380/04 16 Sep 2004 EAT His Honour Judge Mcmullen QC Employment EAT Transfer of Undertakings - Transfer Â Mastercare Service and Distribution Ltd v Naylor [2004] UKEAT 0275_04_1609 16 Sep 2004 EAT Employment [ Bailii ] Â Mctaggart v Modern Tyre Service and Another [2004] NIIT 318_04 16 Sep 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Carlisle Facilities Group v Matrix Events and Security, Sea France Ltd, C Carr and others UKEAT/0380/04 16 Sep 2004 EAT His Honour Judge Mcmullen Qc Employment EAT Transfer of Undertakings - Transfer. [ EATn ] Â Bricknell v Jt Green and Sons Ltd [2004] NIIT 3165_01 17 Sep 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Morgan v Middlesbrough Borough Council UKEAT/0375/04 17 Sep 2004 EAT Mr Commissioner Howell QC Employment EAT Equal Pay Act - Like work Â Robert Graham Hynd v David J Armstrong and 24 Ors Messrs Bishops, Solicitors and 4 Others EATS/0005/04 20 Sep 2004 EAT The Honourable Lord Johnston Employment EAT Transfer of Undertakings - Acquired rights directive Â Romium v J Mcmillan EATS/0113/03 20 Sep 2004 EAT The Honourable Lord Johnston Employment EAT Practice and Procedure - Application Â M L Woodley v R A Gribble Ltd ( In Liquidation) [2004] UKEAT 0687_04_2009; UKEAT/0687/04 20 Sep 2004 EAT His Honour Judge Mcmullen QC Employment EAT Practice and Procedure - Bias, misconduct and procedural irregularity [ Bailii ] Â Ackinclose and others v Gateshead Metropolitan Borough Council UKEAT/0087/04; [2004] UKEAT 0087_04_2810; [2005] IRLR 79 20 Sep 2004 EAT His Honour Judge Ansell Employment EAT Unlawful Deduction from Wages 1 Cites 1 Citers [ Bailii ] - [ EATn ] Â Romium v Ms J Mcmillan EATS/0113/03 20 Sep 2004 EAT The Honourable Lord Johnston Employment EAT Practice and Procedure - Application/Claim. [ EATn ] Â Ibrahim v Tullymore House Hotel Ltd [2004] NIIT 2528_03 20 Sep 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Robert Graham Hynd v David J Armstrong and 24 Ors, Messrs Bishops, Solicitors and 4 Ors EATS/0005/04 20 Sep 2004 EAT The Honourable Lord Johnston Employment EAT Transfer of Undertakings - Acquired rights directive. [ EATn ] Â Hynd v Armstrong and others [2004] UKEAT 0005_04_2009 20 Sep 2004 EAT Employment 1 Citers [ Bailii ] Â M L Woodley v R A Gribble Ltd ( In Liquidation) UKEAT/0687/04 20 Sep 2004 EAT His Honour Judge Mcmullen Qc Employment EAT Practice and Procedure - Bias, misconduct and procedural irregularity. [ EATn ] Â Romium Ltd v Mcmillian [2004] UKEAT 0113_03_2009 20 Sep 2004 EAT Employment [ Bailii ] Â Commissioner of Police of Metropolis v Abbott [2004] UKEAT 0151_04_2109 21 Sep 2004 EAT Employment, Discrimination EAT Sex Discrimination Burden of proof, primary findings. Did burden shift? Was burden discharged? Whether to remit to same or different Tribunal. [ Bailii ] Â Four Seasons Healthcare Limited (Formerly Cotswold Spa Retirment Hotels Ltd) v R H Maughan UKEAT/0274/04 21 Sep 2004 EAT His Honour Judge Ansell Employment EAT Unfair Dismissal - Constructive dismissal. [ EAT ] Â Bridges and others v Industrial Rubber Plc [2004] UKEAT 0150_04_2109; UKEAT/0150/04 21 Sep 2004 EAT His Honour Judge McMullen QC Employment EAT Contract of Employment - Definition of employee [ Bailii ] - [ EAT ] Â Breslin v Sherlock Jenkins Boswell [2004] UKEAT 0362_03_2109; UKEAT/0362/03 21 Sep 2004 EAT Employment EAT Unfair Dismissal Alleged deficiency in reasoning as to the principal reason for the dismissal, the Employment Tribunal having listed six "ingredients" of the decision and then found that poor performance was the principal reason. [ Bailii ] - [ EAT ] Â Ministry of Defence (Royal Navy) v Macmillan [2004] UKEAT 0003_04_2109 21 Sep 2004 EAT Employment [ Bailii ] Â Madina House Trust v Adawi [2004] UKEAT 0997_03_2109; UKEAT/0997/03 & UKEAT/0152/04 21 Sep 2004 EAT Her Honour Judge Wakefield Employment EAT Practice and Procedure - Striking-out/dismissal. [ Bailii ] - [ EAT ] Â Ministry of Defence (Royal Navy) v Macmillan [2004] UKEAT 0003_04_2209 22 Sep 2004 EAT Employment [ Bailii ] Â Simba v Cardiff County Council [2004] UKEAT 0144_04_2209 22 Sep 2004 EAT Employment [ Bailii ] Â Mcgurk v Department of Social Development and Another [2004] NIIT 2472_02 22 Sep 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Hickinson v Riada Recruitment [2004] NIIT 169_04 22 Sep 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Commissioner of Police of the Metropolis v Nagy [2004] UKEAT 0399_04_2209 22 Sep 2004 EAT McMullen QC Employment EAT A tribunal did not err in refusing to strike out claims of sex discrimination made by a civilian employee of a police force for a claim applying the principle in Chief Constable of Cumbria v McGlennon [2002] ICR 1156 and under the Equal Treatment Directive in Chief Constable of Kent Police v Baskerville [2003] ICR 1463 should be heard unless it is certain to fail. The part of the claim in respect of the investigation of an officer under police discipline regulations is certain to fail: Yearwood v Commissioner of Police for the Metropolis UKEAT/0310/03. [ Bailii ] Â Robert A Mcgowan v Scottish Water EATS/0007/04 23 Sep 2004 EAT The Honourable Lord Johnston Employment EAT Human Rights - (no sub-topic). [ EATn ] Â Millar v Inland Revenue [2004] UKEAT 0022_04_2309 23 Sep 2004 EAT Employment, Discrimination EAT Whether or not the appellant should be regarded as disabled within the meaning of the Disability Discrimination Act 1995. Disability Discrimination Act 1995 [ Bailii ] Â McGowan v Scottish Water EATS/0007/04; [2004] UKEAT 0007_04_2309 23 Sep 2004 EAT The Honourable Lord Johnston Employment, Human Rights A court or tribunal may properly admit relevant evidence even where it has been gathered in breach of an Article 8 right to "privacy" where to do so is adjudged to be necessary in order to secure a "fair" hearing as required by both the common law and Article 6 of the convention. 1 Citers [ Bailii ] Â Aberdeen Journals Ltd v Robert Davidson King EATS/0026/04 24 Sep 2004 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Exclusions including worker/jurisdiction. [ EATn ] Â University of East London v Dr D Hinton UKEAT/0495/04 24 Sep 2004 EAT His Honour Judge Ansell Employment EAT Practice and Procedure - Compromise. [ EAT ] Â University of East London v Dr D Hinton UKEAT/0495/04 24 Sep 2004 EAT His Honour Judge Ansell Employment EAT Practice and Procedure - Compromise Â Aberdeen Journals Ltd v Robert Davidson King EATS/0026/04; [2004] UKEAT 0026_04_2409 24 Sep 2004 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Exclusions including worker [ Bailii ] Â Haine v Rolls Royce Plc [2004] UKEAT 0028_04_2409; EATS/0028/04 24 Sep 2004 EAT The Honourable Lord Johnston Employment EAT Contract of Employment - Definition of employee [ Bailii ] - [ EATn ] Â Quigley v Foyle Health and Social Services Trust and others [2004] NIIT 2619_00 24 Sep 2004 NIIT Northern Ireland, Employment, Discrimination 1 Cites [ Bailii ] Â Moonsar v Fiveways Express Transport Ltd [2004] UKEAT 0476_04_2709 27 Sep 2004 EAT Employment [ Bailii ] Â Mcbride v Foyle Food Group Lte (T/A Omagh Meats) [2004] NIIT 8873_03 27 Sep 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Douglas v Manchester City Council and Another [2004] UKEAT 0839_03_2809; UKEAT/0839/03 28 Sep 2004 EAT Her Honour Judge Wakefield Discrimination, Employment EAT Race Discrimination - Victimisation - Whether the Appellant was victimised by reason of previous litigation against the Respondent and others and whether there was direct & / or indirect discrimination on grounds of race. EAT Race Discrimination - Victimisation. [ Bailii ] - [ EAT ] Â Judge v Crown Leisure Limited [2004] UKEAT 0443_04_2809; UKEAT/0443/04 28 Sep 2004 EAT His Honour Judge McMullen QC Employment, Contract EAT The ET correctly found that a conversation between the Applicant and his manager at the office Christmas dance did not amount to an enforceable promise to increase pay, but were words of comfort. The claimant had not proved his case. It is open to a tribunal, having heard all the evidence, to reach a conclusion on the facts which is inconsistent with the account advanced by either party. 1 Citers [ Bailii ] - [ EATn ] Â Computacentre (UK) Ltd v Swanton, Astin, O'Hanlon, Specialist Computer Centres Plc UKEAT/0256/04 29 Sep 2004 EAT His Honour Judge Ansell Employment EAT Transfer of Undertakings - Transfer. TUPE Regulations – has stable economic identity transferred? Entity identified but not transferred. [ EATn ] Â Gaile v Calcast Ltd [2004] NIIT 1331_02 29 Sep 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Lee Dickens v Hm Prison Service UKEAT/0115/04 29 Sep 2004 EAT Her Honour Judge Wakefield Employment EAT Unfair Dismissal - Constructive dismissal Â Royal Mail Group Plc v A Sharma UKEAT/0466/04; [2004] UKEAT 0466_04_2810 29 Sep 2004 EAT His Honour Judge Ansell Employment EAT Practice and Procedure - New evidence on appeal 1 Cites 1 Citers [ Bailii ] - [ EATn ] Â G Cleaver v Hpl Universal Services Handling Ltd (In Liquidation) UKEAT/0196/04 29 Sep 2004 EAT Her Honour Judge Wakefield Employment EAT Practice and Procedure - Bias, misconduct and procedural irregularity. [ EATn ] Â Lee Dickens v Hm Prison Service UKEAT/0115/04 29 Sep 2004 EAT Her Honour Judge Wakefield Employment EAT Unfair Dismissal - Constructive dismissal. [ EATn ] Â G Cleaver v HPL Universal Services Handling Ltd (In Liquidation) [2004] UKEAT 0196_04_2909; UKEAT/0196/04 29 Sep 2004 EAT Her Honour Judge Wakefield Employment EAT Practice and Procedure - Bias, misconduct and procedural irregularity [ Bailii ] Â Manor Mouldings (Ni) Limited v Construction Industry Training Board (Appeal Against Decision) [2004] NIIT 377_04 30 Sep 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Rotherham Metropolitan Borough Council v Jones [2004] UKEAT 0726_04_3009 30 Sep 2004 EAT McMullen QC HHJ Employment 15 day ET hearing postponed because of surgery of key witness, witness ordered by the Chairman. [ Bailii ] Â Morris v Chrome Clothing Ltd [2004] UKEAT 0490_04_3009; UKEAT/0490/04 30 Sep 2004 EAT Her Honour Judge Wakefield Employment EAT Unfair Dismissal - Mitigation of loss. Burden of proof [ Bailii ] - [ EAT ] Â Cooke v The Governing Body of Gillotts School, Oxfordshire County Council [2004] UKEAT 132_04_3009; UKEAT/0132/04 30 Sep 2004 EAT Her Honour Judge Wakefield Employment EAT Unfair Dismissal - Procedural fairness/automatically unfair dismissal. Alleged perversity and failure to take into account relevant evidence as regards mitigation of loss. [ Bailii ] - [ EAT ] Â Khan v Royal Mail Group Plc [2004] UKEAT 0893_04_3009 30 Sep 2004 EAT McEmployment Practice and Procedure - There is no reasonable prospect of success in an appeal against refusal to exercise discretion to extend time for an appeal under Rule 21 (1) and 37 (1) when it is common ground that UAE and Aziz principles apply and no explanation was given for solicitors' failure, a fortiori in an appeal on a limitation point. Cooke v SoS would inform the CA's approach to the judgment of this specialist tribunal. 1 Cites [ Bailii ] Â Culshaw v Eldonian Group Ltd [2004] UKEAT 0272_04_3009; UKEAT/0272/04 30 Sep 2004 EAT His Honour Judge Mcmullen QC Employment, Discrimination EAT Maternity Rights and Parental Leave - Sex discrimination - No error in ET majority (Chairman dissenting) finding that as a matter of fact the treatment of the Applicant was not related to her pregnancy or maternity leave. [ Bailii ] - [ EAT ] Â Manor Mouldings (Ni) Ltd v Construction Industry Training Board [2004] NIIT 377_04 30 Sep 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Ryan v Blackburn With Darwen Borough Council and Another [2004] UKEAT 0928_03_3009 30 Sep 2004 EAT McMullen QC HHJ Employment EAT Contract of Employment A local authority which engaged a teacher subject to a condition subsequent of satisfactory police checks was entitled to bring the contract to an end forthwith when the checks were unsatisfactory. [ Bailii ] Â Stevens v Greater London Magistrates Courts Authority [2004] UKEAT 0269_04_3009 30 Sep 2004 EAT McMullen QC HHJ Employment EAT A tribunal or chairman is required to give reasons, which need not conform to Rule 12, for an interlocutory or interim order. Where the application is likely to be contested, it is good practice to invite the other party's submissions before making an order. Reasons will be sufficient if they refer to and adopt or reject one or other party's submission. [ Bailii ] Â Sharkey v Graves [2004] NIIT 85_02 1 Oct 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Catney v Nippa [2004] NIIT 3539_01 1 Oct 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Sharkey v Graves (Statement of Pay, Payment In Lieu of Notice, Holiday Pay, Contract of Employment) [2004] NIIT 85_02 1 Oct 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Walker v Tom Mcbriar Ltd [2004] NIIT 5360_03 1 Oct 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Ms I Olivas Salinas v Bear Stearns International Holdings Inc, J Camblain UKEAT/0596/04 4 Oct 2004 EAT The Honourable Mr Justice Burton (President) Employment EAT Practice and Procedure - Costs. [ EAT ] Â I Olivas Salinas v Bear Stearns International Holdings Inc J Camblain UKEAT/0596/04 4 Oct 2004 EAT The Honourable Mr Justice Burton Employment EAT Practice and Procedure - Costs Â Â Pfeiffer v Deutsches Rotes Kreuz, Kreisverband Waldshut eV (1); ECJ 5-Oct-2004 - C-399/01; [2004] EUECJ C-399/01; C-401/01; [2004] EUECJ C-401/01; [2004] EUECJ C-403/01; C-397/01; C-398/01; C-402/01; C-403/01; C-400/01; [2005] IRLR 137; [2004] ECR 8835; [2005] ICR 1307; [2004] ECR I-8835 Â D Walker v Heathrow Refuelling Services Company Ltd and others UKEAT/0366/04 6 Oct 2004 EAT The Honourable Mr Justice Burton Employment EAT Practice and Procedure - Costs. [ EATn ] Â N P Ganatra v London North Business Into Education Ltd UKEAT/0498/04 & UKEAT/0499/04 6 Oct 2004 EAT His Honour Judge Mcmullen Qc Employment EAT Practice and Procedure - Disclosure. [ EATn ] Â N P Ganatra v London North Business Into Education Ltd UKEAT/0493/04 & UKEAT/0499/04 6 Oct 2004 EAT His Honour Judge Mcmullen QC Employment EAT Practice and Procedure - Disclosure Â Ganatra v London North Business Into Education Ltd [2004] UKEAT 0498_04_0610 6 Oct 2004 EAT Employment [ Bailii ] Â Akinmolasire v Camden and Islington Mental Health NHS Trust [2004] EWCA Civ 1351 6 Oct 2004 CA Discrimination, Employment 1 Cites [ Bailii ] Â v Maughan [2004] UKEAT 0274_04_0610 6 Oct 2004 EAT Employment [ Bailii ] Â Walker v Heathrow Refuelling Services Company Ltd and others [2004] UKEAT 0366_04_0610 6 Oct 2004 EAT Employment 1 Cites [ Bailii ] Â Clamp v Aerial Systems [2004] UKEAT 0266_04_0610 6 Oct 2004 EAT Employment [ Bailii ] Â N P Ganatra v London North Business Into Education Ltd UKEAT/0498/04 & UKEAT/0499/04 6 Oct 2004 EAT His Honour Judge Mcmullen QC Employment EAT Practice and Procedure - Disclosure. Â D Walker v Heathrow Refuelling Services Company Ltd and others UKEAT/0366/04 6 Oct 2004 EAT The Honourable Mr Justice Burton Employment EAT Practice and Procedure - Costs Â DSG Retail Ltd v Kirnon [2004] UKEAT 0515_04_0610; UKEAT/0515/04 6 Oct 2004 EAT The Honourable Mrs Justice Cox Employment EAT Practice and Procedure / Time Limits Application to amend originating application to add a complaint of race discrimination out of time. Appeal against Employment Tribunal's granting of application allowed. Cross-appeal against Employment Tribunal's decision that Unfair Dismissal claim lodged out of time (reasonably practicable to present in time). Cross-appeal dismissed. [ Bailii ] - [ EAT ] Â Trevor Ward Clamp v Aerial Systems UKEAT/0266/04 6 Oct 2004 EAT The Honourable Mr Justice Burton Employment EAT Working Time Regulations Â Trevor Ward Clamp v Aerial Systems UKEAT/0266/04 6 Oct 2004 EAT The Honourable Mr Justice Burton Employment EAT Working Time Regulations - (no sub-topic). [ EATn ] Â Preston and others v Wolverhampton Healthcare NHS Trust and Others (No 3) Times, 27 October 2004 7 Oct 2004 CA Pill LJ, Jonathan Parker LJ and Laddie J Employment, Limitation The claimants had had their employments transferred to another body under TUPE. They complained that their pension rights had been discriminatory. The employer appealed a finding that their claim had not been out of time. Held: The effect of the Regulations was to transfer all employment rights unchanged save only the pension obligations. The pension rights were left were excepted by Reg 7 from the statutory fiction that the new employer had always been the employer. From the date of the transfer no new rights could be acquired as against the former employer, but any possible cause of action in respect of the untransferred pension rights remained. Accordingly the time for the running of any claim was from the date of the transfer. The action had not been begun within six months of that date and was out of time. Transfer of Undertakings (Protection of Employment) Regulations 1981 (1981 No 1794) - Equal Pay Act 1970 1 Cites 1 Citers Â Walker v Royal Mail [2004] NIIT 1527_01 7 Oct 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Mitchell v Mckenzie (T/A Mckenzie Distribution) [2004] NIIT 8836_03 7 Oct 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Powerhouse Retail Ltd and others v Burroughs and others [2004] EWCA Civ 1281; [2004] OPLR 363; [2005] ICR 222; [2004] IRLR 979; [2004] Pens LR 377 7 Oct 2004 CA Pill, Jonathan Parker LJJ and Laddie J Employment, Discrimination The court considered the non-admission of part time workers to pension scheme benefits after a transfer of employment. Held: (Pill LJ) While the effect of TUPE was that the continuing contract of employment was deemed always to have been with the transferee, the pension rights had been removed from it and it could not be treated as if they had not. This reasoning fits with the wording of section 2(4) of the 1970 Act: "The employment under a contract of employment about which complaint is made is the contract between the transferor and employee, with its equality clause providing pension rights, and the post-transfer contract of employment, shorn as it is by statute of existing pension rights, is not the specific contract of employment for the purposes of section 2(4). The claim is based on the previous contract and, in so far as its terms have not been transferred, it terminated upon the transfer and time began to run. The existence, in each of the contracts, of an equality clause does not mean that they can be treated as the same contract." Equal Pay Act 1970 1 Cites 1 Citers [ Bailii ] Â Chas A Blatchford and Sons Ltd v Barrett [2004] UKEAT 0239_04_0810 8 Oct 2004 EAT Employment [ Bailii ] Â Mcauley v Simpson (T/A Blueprint Joinery) [2004] NIIT 3942_03 8 Oct 2004 NIIT Northern Ireland, Employment [ Bailii ] Â M Sewards v Autoglass Ltd UKEAT/0483/04 10 Oct 2004 EAT His Honour Judge Mcmullen QC Employment EAT Unfair Dismissal - Reasonableness of dismissal Â M Sewards v Autoglass Ltd UKEAT/0483/04 10 Oct 2004 EAT His Honour Judge Mcmullen Qc Employment EAT Unfair Dismissal - Reasonableness of dismissal. [ EATn ] Â F Panama v London Borough of Hackney UKEAT/0364/04 11 Oct 2004 EAT The Honourable Mrs Justice Cox Employment EAT Practice and Procedure - Striking-out Â Williams v Home Office [2004] UKEAT 0525_04_1110 11 Oct 2004 EAT Employment, Discrimination EAT Race discrimination in respect of payment while off work sick, and upon a phased return to work. It is open to a Tribunal to disbelieve a manager and find the Respondent liable for one act of discrimination and yet find him/ it not responsible for a second alleged act. Employment Tribunal decision upheld. Directions given for remedy hearing. Settlement/ conciliation encouraged. [ Bailii ] Â Gains v City Plumbing Supplies Ltd [2004] UKEAT 0705_04_1110 11 Oct 2004 EAT Employment [ Bailii ] Â Kail v North Herts and Stevenage Primary Care Trust [2004] UKEAT 0216_04_1110 11 Oct 2004 EAT Employment [ Bailii ] Â Ms F Panama v London Borough of Hackney UKEAT/0364/04 11 Oct 2004 EAT The Honourable Mrs Justice Cox Employment EAT Practice and Procedure - Striking-out/dismissal. [ EATn ] Â S Gains v City Plumbing Supplies Ltd UKEAT/0705/04 11 Oct 2004 EAT His Honour Judge Ansell Employment EAT Time Limits - Reasonable practicability Â S Gains v City Plumbing Supplies Ltd UKEAT/0705/04 11 Oct 2004 EAT His Honour Judge Ansell Employment EAT Time Limits - Reasonable practicability. [ EATn ] Â Williams v Home Office [2004] UKEAT UKEAT_0525_1110; [2004] UKEAT_0525_1110; UKEAT/0525/04 11 Oct 2004 EAT His Honour Judge Mcmullen QC Discrimination, Employment EAT Race discrimination in respect of payment while off work sick, and upon a phased return to work. It is open to a Tribunal to disbelieve a manager and find the Respondent liable for one act of discrimination and yet find him/ it not responsible for a second alleged act. Employment Tribunal decision upheld. Directions given for remedy hearing. Settlement/ conciliation encouraged. [ Bailii ] - [ Bailii ] Â Chigbundu v Central Technology College and Another [2004] UKEAT 0716_04_1210 12 Oct 2004 EAT Employment [ Bailii ] Â L Chigbundu v 1) Central Technology College 2) P Monnelly UKEATPA/0716/04 12 Oct 2004 EAT His Honour Judge Mcmullen Qc Employment EAT Practice and Procedure - Appellate jurisdiction/Reasons/Burns-Barke. [ EATn ] Â GMB Union v M Fenton UKEAT/0484/04; [2004] UKEAT 0484_04__1210; UKEAT/0798/02; [2004] WL 2935807 12 Oct 2004 EAT Mr Justice Burton Discrimination, Employment EAT Sex Discrimination S4(2) SDA 1975: was A's allegation false and not made in good faith? The allegation was plainly false and the ET did not, or did not clearly, so find; but insofar as the ET concluded that, though false, it was made in good faith, i.e. that it was not known to be false, then in the light of the evidence not addressed by the ET there was wholly inadequate reasoning, contrary to Meek. Remitted to different Tribunal. Decision that there was victimisation by failure to give industrial support not perverse and correct test applied. Decision made on interest and costs. Sex Discrimination Act 1975 4(2) 1 Cites 1 Citers [ Bailii ] - [ EATn ] Â L Chigbundu v Central Technology College P Monnelly UKEATPA/0716/04 12 Oct 2004 EAT His Honour Judge Mcmullen QC Employment EAT Practice and Procedure - Appellate jurisdiction Â Paul v Chief Constable of the Police Service of Northern Ireland [2004] NIIT 563_03 13 Oct 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Mckillion and others v Northland Early Years Centre Ltd and others [2004] NIIT 5238_03 13 Oct 2004 NIIT Northern Ireland, Employment [ Bailii ] Â C H Byrnell v British Telecommunications Plc UKEAT/0383/04 13 Oct 2004 EAT His Honour Judge Ansell Employment EAT Unfair Dismissal - Constructive dismissal Â C H Byrnell v British Telecommunications Plc UKEAT/0383/04 13 Oct 2004 EAT His Honour Judge Ansell Employment EAT Unfair Dismissal - Constructive dismissal. [ EATn ] Â Â Cantor Fitzgerald International v Horkulak; CA 14-Oct-2004 - [2004] EWCA Civ 1287; [2005] ICR 402; [2004] IRLR 942 Â Doherty v University of Ulster [2004] NIIT 9095_03 14 Oct 2004 NIIT Northern Ireland, Employment [ Bailii ] Â E Spence v Manchester United Plc [2004] UKEAT 0285_04_1410; UKEAT/0285/04 14 Oct 2004 EAT His Honour Judge Prophet Employment EAT Unfair Dismissal - Reasonableness of dismissal. [ Bailii ] - [ EATn ] Â Dignity Funerals Limited v Bruce [2004] ScotCS 230; 2005 SCLR 951 14 Oct 2004 OHCS Lord Justice Clerk And Lord Maclean And Lord Hardie Employment, Damages The employee was found to have been unfairly dismissed. The employer appealed the compensatory award which was based on his depressive illness. They said that the illness predated the dismissal. Held: The EAT's decision was set aside. In increasing the award, the EAT had misconstrued the representations made by the appellant's solicitors, but should itself have remitted the case. 1 Cites [ Bailii ] - [ ScotC ] Â Glen Dimplex Cooking Ltd (Formerly Stoves Ltd) v N Twist UKEAT/0445/04 15 Oct 2004 EAT His Honour Judge Mcmullen Qc Employment EAT Unfair Dismissal - Compensation. [ EAT ] Â Glen Dimplex Cooking Ltd (Formerly Stoves Ltd) v N Twist UKEAT/0445/04; [2004] UKEAT 0445_04_1510 15 Oct 2004 EAT His Honour Judge Mcmullen QC Employment EAT Unfair Dismissal - Compensation [ Bailii ] Â English, Welsh and Scottish Railway Ltd v National Union of Rail, Maritime and Transport Workers [2004] EWCA Civ 1539 15 Oct 2004 CA Employment Trade Union and Labour Relations (Consolidation) Act 1992 [ Bailii ] Â Eastbourne Borough Council v Hafez UKEAT/0188/04; [2003] UKEAT 0188_04_0511 15 Oct 2004 EAT His Honour Judge Ansell Employment EAT Practice and Procedure - Bias, misconduct and procedural irregularity [ Bailii ] - [ EATn ] Â Sewards v Autoglass Ltd [2004] UKEAT 0483_04_1510 15 Oct 2004 EAT Employment [ Bailii ] Â Roderick Donald Armitage v Staveley Industries Plc [2004] EWHC 2320 (Ch) 18 Oct 2004 ChD The Honourable Mr Justice Lewison Employment Pensions entitlement [ Bailii ] Â Mcguigan v Police Service of Northern Ireland and others [2004] NIIT 9521_03 18 Oct 2004 NIIT Northern Ireland, Employment [ Bailii ] Â P M Pantry v The Home Office [2004] UKEAT 0083_04_1810; UKEAT/0083/04 18 Oct 2004 EAT His Honour Judge Mcmullen QC Employment, Discrimination EAT Disability Discrimination - Less favourable treatment [ Bailii ] Â Wheeler v Sungard Sherwood Systems Group Ltd [2004] UKEAT 0459_04_1511; UKEAT/0459/04 18 Oct 2004 EAT His Honour Judge Ansell Employment, Discrimination EAT Disability Discrimination - Justification 1 Cites [ Bailii ] - [ EAT ] Â Frazer v M and G Sales and Marketing Ltd and Another [2004] NIIT 259_03 18 Oct 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Brady v Ballykelly Wood Products [2004] NIIT 368_03 18 Oct 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Glasgow City Council v C Bvunzai EATS/0004/04; [2004] UKEAT 0004_04_1810; EATS/0015/04 18 Oct 2004 EAT The Honourable Lord Johnston Discrimination, Employment, Scotland EAT Race Discrimination - Direct 1 Cites 1 Citers [ Bailii ] - [ EATn ] Â Mccallion v Winemark [2004] NIIT 9240_03 18 Oct 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Atkas v Mervin and Another (T/A Knipe Contracts) [2004] NIIT 9035_03 19 Oct 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Mitchell v Dundee Autos Ltd [2004] NIIT 9138_03 19 Oct 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Simpson v West Lothian Council [2004] UKEAT 0049_04_1910 19 Oct 2004 EAT Employment [ Bailii ] Â Jonathan Hamilton-Jones v Angus Black EATS/0047/04 19 Oct 2004 EAT The Honourable Lord Johnston Employment EAT Practice and Procedure - Application Â Drivertime Manchester Ltd v T Summers [2004] UKEAT 0073_04_1910; UKEAT/0073/04 19 Oct 2004 EAT His Honour Judge Mcmullen Qc Employment EAT Working Time Regulations - Holiday pay. [ Bailii ] - [ EATn ] Â Kerr v Weir and Another [2004] NIIT 9084_03 19 Oct 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Â Walker v Barnes; CA 19-Oct-2004 - [2004] EWCA Civ 1460 Â Hamilton-Jones v Black [2004] UKEAT 0047_04_1910 19 Oct 2004 EAT Employment [ Bailii ] Â Jonathan Hamilton-Jones v Angus Black EATS/0047/04 19 Oct 2004 EAT The Honourable Lord Johnston Employment EAT Practice and Procedure - Application/Claim. [ EATn ] Â Mirror Colour Print (Oldham) Ltd v Kershaw and Another [2004] UKEAT 0154_04_2010 20 Oct 2004 EAT Nelson J Employment Eat Unlawful Deduction From Wages Terms of a collective agreement were incorporated into employee's contracts of employment. Employees contended that the working of the ordinary defined shift pattern under the contract involved working more than the contractual hours and hence they were entitled to overtime rates for working the ordinary roster. Employment Tribunal accepted employee's interpretation of collective agreement and terms of employment and held that the failure to pay overtime rates for these hours amounted to an unlawful deduction from wages. EAT held employees interpretation was incorrect and that no term to bring about that result could be implied into the contract. Appeal allowed. [ Bailii ] Â McCorriston v Flynn and Another [2004] NIIT 2526_03 20 Oct 2004 NIIT Northern Ireland, Employment Application for Review [ Bailii ] - [ Bailii ] Â A Pearce, S Pearce v M Dyer (As the Personal Representative of P J Dyer, Deceased) UKEAT/0465/04 20 Oct 2004 EAT His Honour Judge Serota Qc Employment EAT Practice and Procedure - Striking-out/dismissal. [ EAT ] Â Â A Pearce S Pearce v M Dyer (As the Personal Representative of P J Dyer, Deceased); EAT 20-Oct-2004 - [2004] UKEAT 0465_04_2010; UKEAT/0465/04 Â Rose v Dodd (Formerly Trading As Reynolds and Dodds Solicitors and others UKEAT/0517/04 21 Oct 2004 EAT His Honour Judge D Serota QC Employment EAT Contract of Employment - Definition of employee Â Clarke v London Borough of Harrow and others [2004] UKEAT 0745_02_2110; UKEAT/0746/02; UKEAT/0745/02 21 Oct 2004 EAT His Honour Judge McMullen QC Employment, Discrimination EAT Equal Pay Act - Article 141 1 Cites [ Bailii ] - [ EATn ] Â Rose v Dodd (Formerly Trading As Reynolds and Dodds Solicitors and others UKEAT/0517/04 21 Oct 2004 EAT His Honour Judge D Serota Qc Employment EAT Transfer of Undertakings - Transfer. [ EAT ] Â Ali v Office of National Statistics [2004] EWCA Civ 1363; [2005] IRLR 201 21 Oct 2004 CA The Honerable Mr Justice Maurice Kay Lord Justice Waller Lord Justice Chadwick Employment The court set out the proper approach to an application for leave to amend an originating application before the Employment Tribunal. 1 Cites 1 Citers [ Bailii ] Â Salinas v Bear Stearns International Holdings Inc and Another [2004] UKEAT 0596_04_2110 21 Oct 2004 EAT Employment [ Bailii ] Â George Kirk and Sons v C S W Moody EATS/0023/04 22 Oct 2004 EAT The Honourable Lord Johnston Employment EAT Practice and Procedure - Application/Claim. [ EATn ] Â Molloy v Joyce Estate Agents Ltd [2004] NIIT 537_04 22 Oct 2004 NIIT Northern Ireland, Employment [ Bailii ] Â National Union of Mineworkers v D Murdoch UKEAT/0469/04 22 Oct 2004 EAT The Honourable Mrs Justice Cox Employment EAT Unfair Dismissal - Procedural fairness/automatically unfair dismissal. [ EATn ] Â George Kirk and Sons v C S W Moody EATS/0023/04; [2004] UKEAT 0023_04_2210 22 Oct 2004 EAT The Honourable Lord Johnston Employment EAT Practice and Procedure - Application [ Bailii ] Â Baxter v Camden Frames Ltd [2004] NIIT 52_04 22 Oct 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Ball v London Borough of Waltham Forest [2004] UKEAT 0999_03_2210 22 Oct 2004 EAT Employment [ Bailii ] Â National Union of Mineworkers v D Murdoch UKEAT/0469/04 22 Oct 2004 EAT The Honourable Mrs Justice Cox Employment EAT Unfair Dismissal - Procedural fairness Â C Singh v Esprit People Ltd and others UKEAT/0278/03 23 Oct 2004 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ EATn ] Â Beattie v Jan De Vries Health Care Ltd [2004] NIIT 477_04 25 Oct 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Farrell Matthews and Weir v Hansen [2004] UKEAT 0078_04_2610 26 Oct 2004 EAT Employment [ Bailii ] Â Cassidy v Woodbury Investments Ltd (Application for Review) [2004] NIIT 9173_03 26 Oct 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Dixons Stores Group Ltd v Ms M S Sangster UKEAT/0205/04 27 Oct 2004 EAT His Honour Judge Ansell Employment EAT Redundancy - Collective consultation and information. [ EATn ] Â Lionel Leventhal Limited v J North UKEAT/0265/04 27 Oct 2004 EAT The Honourable Mr Justice Bean Employment EAT Redundancy - Fairness [ EATn ] Â Dixons Stores Group Ltd v M S Sangster UKEAT/0205/04 27 Oct 2004 EAT His Honour Judge Ansell Employment EAT Redundancy - Collective consultation and information Â Lionel Leventhal Limited v J North [2004] UKEAT 0265_04_2710; UKEAT/0265/04 27 Oct 2004 EAT The Honourable Mr Justice Bean Employment EAT Redundancy - Fairness [ Bailii ] Â S Fishley v Working Men's College [2004] UKEAT 0485_04_2810; UKEAT/0485/04; UKEAT/0486/04 28 Oct 2004 EAT The Honourable Mr Justice Bean Employment EAT Time Limits - Reasonable practicability The claimant was late filing the claim by 11 minutes after his printer had broken down. His printer had broken down. Held. The tribunal's decision that the complaint had been made out of time was upheld: Bean J said: "We must say it is the common experience of anyone who has tried to operate a computer, a printer, or a fax machine, that they are temperamental creatures and one cannot rely on success first time within a few minutes. We think that if the presentation of an Originating Application is left to the very last moment, then a temporary impediment, such as the breakdown of a piece of office equipment or something of that kind is one of the risks of life which has to be taken." 1 Citers [ Bailii ] - [ EATn ] Â Birmingham City Council v Jaddoo [2004] UKEAT 0448_04_2810 28 Oct 2004 EAT Employment [ Bailii ] Â Cromie v Rixell Ltd [2004] NIIT 1508_03 29 Oct 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Peter Delaney Green v Metroline London Northern Limited [2004] UKEAT 0291_04_2910; UKEAT/0291/04 & UKEAT470/04 29 Oct 2004 EAT His Honour Judge Prophet Employment EAT Unfair Dismissal - Contributory fault [ Bailii ] Â Bond v Copeland and Another (T/A Aims) [2004] NIIT 70_04 29 Oct 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Green v Metroline London Northern Limited UKEAT/0291/04 & UKEAT470/04 29 Oct 2004 EAT His Honour Judge Prophet Employment EAT Unfair Dismissal - Contributory fault. [ EATn ] Â Safeway Stores Plc v Truelove [2004] UKEAT 0295_04_0111; UKEAT/0295/04; 0295/04 1 Nov 2004 EAT Her Honour Judge McMullen QC Employment EAT Maternity Rights and Paternity Leave Time of work necessitated by unexpected failure of baby-sitter. It is not necessary for the "reason" in section 57A(2) Employment Rights Act to be articulated with any formality. It was clear to the Respondent that the Claimant's case fell within section 57A(2) and the Employment Tribunal had construed the section too restrictively. It is a right to be exercised without formality by parents in difficult circumstances. Qua applied. EAT Maternity Rights and Parental Leave - Detriment. 1 Cites [ Bailii ] - [ EATn ] Â Â Parry - National Westminster Bank plc; CA 1-Nov-2004 - Times, 04 November 2004; [2004] EWCA Civ 1563 Â J Botham v Ministry of Defence [2004] UKEAT 0503_04_1211; UKEAT/0503/04 1 Nov 2004 EAT The Honourable Mr Justice Bean Employment EAT Practice and Procedure - Appellate jurisdiction/Reasons/Burns-Barke. 1 Citers [ Bailii ] - [ EAT ] Â Wickramaratna v Cambridge University Chemistry Department [2004] EWCA Civ 1532 2 Nov 2004 CA Litigation Practice, Employment [ Bailii ] Â Ms D Rabahallah v BT Plc UKEAT/0382/04 2 Nov 2004 EAT The Honourable Mr Justice Burton Employment EAT Practice and Procedure - Appellate jurisdiction/Reasons/Burns-Barke. [ EATn ] Â Murdock v Image Investments Ltd [2004] NIIT 1530_04 2 Nov 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Soteriou v Ultrachem Ltd [2004] EWCA Civ 1520 2 Nov 2004 CA Employment Second application for leave to appeal - illegality of employment contract. [ Bailii ] Â Rabahallah v BT Plc [2004] UKEAT 0382_04_0211 2 Nov 2004 EAT Employment [ Bailii ] Â Carney v Rouf and Another [2004] UKEAT 0353_04_0211 2 Nov 2004 EAT Employment [ Bailii ] Â D Rabahallah v BT Plc UKEAT/0382/04 2 Nov 2004 EAT The Honourable Mr Justice Burton Employment EAT Practice and Procedure - Appellate jurisdiction Â Murdock v Image Investments Ltd (Originating Application) [2004] NIIT 1530_04 2 Nov 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Â Learning and Skills Council v The Public and Commercial Services Union; QBD 3-Nov-2004 - [2004] EWHC 2930 (QB) Â Bromley Appointments.Com Ltd and others v McKinnon [2004] UKEAT 0639_04_0311 3 Nov 2004 EAT Employment [ Bailii ] Â Roy Lake v Arco Grating (Uk) Ltd [2004] UKEAT 0511_04_0311; UKEAT/0511/04 3 Nov 2004 EAT His Honour Judge Prophet Employment EAT Practice and Procedure - Costs [ Bailii ] Â Abbey National Plc v Riddick UKEAT/0369/04; [2004] UKEAT 0369_04_0311 3 Nov 2004 EAT His Honour Judge Richardson Employment EAT Time Limits Employment Tribunal did not err in law in holding (i) that it was not reasonably practicable for the Applicant to present his complaint in time and (ii) that he presented his complaint within a further period which it found to be reasonable. [ Bailii ] - [ EATn ] Â Elizabeth Adjaho v E Bariyendeza UKEAT/0137/04/04 3 Nov 2004 EAT His Honour Judge Serota Employment EAT Practice and Procedure - Perversity Â Bromley Appointments.Com Ltd Human Resources Group Ltd J C Parkinson v P Mackinnon UKEAT/0639/04 & UKEAT/0640/04 3 Nov 2004 EAT The Honourable Mr Justice Bean Employment EAT Practice and Procedure - Bias, misconduct and procedural irregularity Â Aiken v Adculture Ltd and others [2004] NIIT 1563_04 3 Nov 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Bromley Appointments.Com Ltd, Human Resources Group Ltd, J C Parkinson v P Mackinnon UKEAT/0639/04 & UKEAT/0640/04 3 Nov 2004 EAT The Honourable Mr Justice Bean Employment EAT Practice and Procedure - Bias, misconduct and procedural irregularity. [ EATn ] Â Elizabeth Adjaho v Ms E Bariyendeza UKEAT/0137/04/04 3 Nov 2004 EAT His Honour Judge Serota Employment EAT Practice and Procedure - Perversity. [ EATn ] Â Roy Lake v Arco Grating (Uk) Ltd UKEAT/0511/04 3 Nov 2004 EAT His Honour Judge Prophet Employment EAT Practice and Procedure - Costs. [ EATn ] Â Adjaho v Bariyendeza [2004] UKEAT 0137_04_0311 3 Nov 2004 EAT Employment [ Bailii ] Â Aiken v Image Adculture Ltd and others (Wages, Redundancy Pay, Payment In Lieu of Notice, Holiday Pay, Pension Payment) [2004] NIIT 1563_04 3 Nov 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Refrigeration Norwest (Chester) Ltd v Unwin [2004] UKEAT 0394_04_0311; UKEAT/0394/04 3 Nov 2004 EAT The Honourable Mr Justice Bean Employment EAT Contract of Employment - Sick pay and holiday pay. [ Bailii ] - [ EAT ] Â D J Lecerf-Kiener v Computer Associates International UKEAT/0587/04 4 Nov 2004 EAT His Honounour Judge Mcmullen QC Employment EAT Practice and Procedure - Striking-out Â Banner Business Supplies Ltd v Greaves [2004] UKEAT 0420_04_0411 4 Nov 2004 EAT Employment [ Bailii ] Â D J Lecerf-Kiener v Computer Associates International UKEAT/0587/04 4 Nov 2004 EAT His Honounour Judge Mcmullen Qc Employment EAT Practice and Procedure - Striking-out/dismissal. [ EATn ] Â Byrnell v British Telecommunications Plc [2004] UKEAT 0383_04_0411 4 Nov 2004 EAT Employment [ Bailii ] Â Iron and Steel Trades Confederation (Istc) v Asw Holdings Plc (In Administrative Receivership) Asw Ltd (In Administrative Receivership and Liquidation) UKEAT/0694/04 5 Nov 2004 EAT His Honour Judge Prophet Employment EAT Redundancy - Collective consultation and information Â Iron and Steel Trades Confederation (Istc) v Asw Holdings Plc (In Administrative Receivership), Asw Ltd (In Administrative Receivership and Liquidation) UKEAT/0694/04 5 Nov 2004 EAT His Honour Judge Prophet Employment EAT Redundancy - Collective consultation and information. [ EATn ] Â Iron and Steel Trades Confederation (Istc) v Asw Holdings Plc [2004] UKEAT 0694_04_0511 5 Nov 2004 EAT Employment [ Bailii ] Â Application for Leave To Appeal Under Section 37 of the Employment Tribunals Act 1996 By Susan Fraser v The Scottish Ambulance Service 5 Nov 2004 OHCS Lord Nimmo Smith And Lord Osborne And Lord Reed Scotland, Employment [ ScotC ] Â Smith, and Moore v Cherry Lewis Ltd (In Receivership) [2004] UKEAT 0455_04_0511; UKEAT/0455/04; UKEAT/0456/04; [2005] IRLR 86 5 Nov 2004 EAT Employment EAT Failure to consult regarding redundancies. Protective Award and insolvent employer. Nature and purpose of "sanction" of protective award. Effect of guidance of Susie Radin Ltd v GMB and Others [2004] ICR 893 when employer insolvent. Appeal against Chairman's decision not to make protective award allowed. 1 Cites 1 Citers [ Bailii ] - [ EATn ] Â S A Oral v The Governors of the School of St David and St Katherine and others UKEAT/0029/04 8 Nov 2004 EAT The Honourable Mr Justice Burton Employment EAT Practice and Procedure - Bias, misconduct and procedural irregularity Â S A Oral v the Governors of the School of St David and St Katherine and others UKEAT/0029/04 8 Nov 2004 EAT The Honourable Mr Justice Burton Employment EAT Practice and Procedure - Bias, misconduct and procedural irregularity. [ EATn ] Â Apex Masonry Contractors Ltd v D S Everritt UKEAT/0482/04 8 Nov 2004 EAT His Honour Judge Richardson Employment EAT Contract of Employment - Sick pay and holiday pay. Â Candy Domestic Appliances Ltd v D C Owen UKEAT/0359/04 8 Nov 2004 EAT His Honour Judge Serota QC Employment EAT Practice and Procedure - Perversity Â Candy Domestic Appliances Ltd v Owen [2004] UKEAT 0359_04_0811 8 Nov 2004 EAT Employment [ Bailii ] Â Gallagher and others v Alpha Catering Services Ltd [2004] EWCA Civ 1559; [2005] ICR 673; [2005] IRLR 102 8 Nov 2004 CA Peter Gibson, Buxton, Jacob LJJ Employment The Claimants were employed to deliver food to aircraft at airports, loading and unloading food from the aircraft. Between loadings, they were on down time – not physically working, but required to remain in radio contact with their employers, and at their disposal. The employers argued that since the employees would get 20 minutes' rest during their down time, the requirement of Regulation 12(1) for a rest break was satisfied. Held: The employers were refused permission to cross-appeal on this point. Whilst the Directive was not as clear on this point as it might have been, it was tolerably plain that the intention was to focus on the activities of the worker: "No doubt the activities of the worker are the activities of the employer in law, but the focus is on the activities of the worker rather than the employer, which activities involve the requisite need for continuity of service or production." Peter Gibson LJ said: "it seems plain to me that down time in the present case . . cannot be a rest break, and a fortiori a period of down time cannot retrospectively become a rest break only because it can be seem after it is over that it was an uninterrupted period of at least 20 minutes. The worker is entitled under Reg 12(1) to a rest break if his working time exceeds six hours, and he must know at the start of a rest break that it is such. To my mind a rest break is an uninterrupted period of at least 20 minutes which is neither a rest period nor working time and which the worker can use as he pleases". Working Time Regulations 1998 12(1)(c) - Council Directive 93/04EC 1 Cites 1 Citers [ Bailii ] Â Candy Domestic Appliances Ltd v D C Owen UKEAT/0359/04 8 Nov 2004 EAT His Honour Judge Serota Qc Employment EAT Practice and Procedure - Perversity. [ EATn ] Â Apex Masonry Contractors Ltd v D S Everritt UKEAT/0482/04 8 Nov 2004 EAT His Honour Judge Richardson Employment EAT Contract of Employment - Sick pay and holiday pay. [ EATn ] Â Apex Masonry Contractors Ltd v D S Everritt UKEAT/0482/04 8 Nov 2004 EAT His Honour Judge Richardson Employment EAT Contract of Employment - Sick pay and holiday pay. [ EATn ] Â UK Insulation Ltd v Cook [2004] UKEAT 0605_04_0811 8 Nov 2004 EAT Employment [ Bailii ] Â Oral v St David and St Katherine School and others [2004] UKEAT 0029_04_0811 8 Nov 2004 EAT Employment [ Bailii ] Â Apex Masonry Contractors Ltd v D S Everritt UKEAT/0482/04 8 Nov 2004 EAT His Honour Judge Richardson Employment EAT Contract of Employment - Sick pay and holiday pay Â A N Howard v Millrise Limited T/A Colourflow (In Liquidation) S G Printers T/A Colourflow UKEAT/0658/04 9 Nov 2004 EAT The Honourable Mr Justice Bean Employment EAT Transfer of Undertakings - Consultation and other information Â Dinnen v Daewoo Electronics UK Ltd [2004] NIIT 1636_04 9 Nov 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Howard v Millrise Limited (T/A Colourflow) and Another [2004] UKEAT 0658_04_0911 9 Nov 2004 EAT Employment [ Bailii ] Â Cosby v Ferguson (T/A Locktight Security) [2004] NIIT 1746_04 9 Nov 2004 NIIT Northern Ireland, Employment [ Bailii ] Â A N Howard v Millrise Limited T/A Colourflow (In Liquidation), S G Printers T/A Colourflow UKEAT/0658/04 9 Nov 2004 EAT The Honourable Mr Justice Bean Employment EAT Transfer of Undertakings - Consultation and other information. [ EATn ] Â Cromie v Charles Hurst Motors [2004] NIIT 1568_04 9 Nov 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Bowhay v Cd Print and Design Ltd [2004] NIIT 87_04 9 Nov 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Bell and others v Department of Employment and Learning& Ors [2004] NIIT 1631_02 10 Nov 2004 NIIT Northern Ireland, Employment [ Bailii ] Â M Fraser v London Borough of Richmond Upon Thames UKEAT/0888/02 & 0069/03 10 Nov 2004 EAT The Honourable Mr Justice Burton Employment EAT Practice and Procedure - Bias, misconduct and procedural irregularity. [ EATn ] Â Cadanna Peart v Dixons Store Group Retail Ltd UKEAT/0630/04; [2004] UKEAT 0630_04_1011 10 Nov 2004 EAT His Honour Judge Richardson Employment EAT Practice and Procedure - Admissibility of evidence - The Tribunal did not comply with its duty to resolve issues of fact and assess the credibility of witnesses, with at least succinct reasons. The Tribunal erred in discounting, without any assessment, what was in effect "recent complaint" evidence. [ Bailii ] Â Fraser v Richmond Upon Thames [2004] UKEAT 0888_02_1011; UKEAT/0069/03; UKEAT/0888/02 10 Nov 2004 EAT The Honourable Mr Justice Burton Employment EAT Practice and Procedure - Bias, misconduct and procedural irregularity - Appeal on basis that the Chairman misconducted himself by inhibiting or preventing cross-examination by unrepresented Applicant of her alleged sexual harasser. After consideration of all affidavits, witness statements, comments and notes, Applicant's case not established. [ Bailii ] Â Cadanna Peart v Dixons Store Group Retail Ltd UKEAT/0630/04 10 Nov 2004 EAT His Honour Judge Richardson Employment EAT Practice and Procedure - Admissibility of evidence. [ EATn ] Â Easter v Notre Dame High School [2004] UKEAT 0615_04_1111 11 Nov 2004 EAT Employment [ Bailii ] Â H Easter v the Governing Body of Notre Dame High School UKEAT/0615/04 11 Nov 2004 EAT His Honour Judge Mcmullen QC Employment EAT Unfair Dismissal - Procedural fairness Â Varghai v Caffyns Plc [2004] UKEAT 0565_04_1111 11 Nov 2004 EAT Employment [ Bailii ] Â P Varghai v Caffyns Plc UKEAT/0565/04 11 Nov 2004 EAT The Honourable Mr Justice Bean Employment EAT Practice and Procedure - Costs Â Delahaye (Social Policy) C-425/02; [2004] EUECJ C-425/02 11 Nov 2004 ECJ European, Employment Europa Safeguarding of employees' rights in the event of a transfer of an undertaking to the State - Possibility for the State to impose rules of public law - Reduction of the amount of remuneration [ Bailii ] Â F James K Carden D Butler v Great North Eastern Railways UKEAT/0496/04 11 Nov 2004 EAT His Honour Judge Richardson Employment EAT Part Time Workers Â Â London Borough of Waltham Forest v Omilaju; CA 11-Nov-2004 - [2004] EWCA Civ 1493; Times, 26 November 2004; [2005] ICR 481; [2005] IRLR 35; [2005] 1 All ER 75 Â Johanna Maria Delahaye v Ministre de la Fonction publique et de la Reforme administrative C-425/02 11 Nov 2004 ECJ European, Employment Safeguarding of employees' rights in the event of a transfer of an undertaking to the State - Possibility for the State to impose rules of public law - Reduction of the amount of remuneration. Â Environment Plus UK Ltd v Parton [2004] UKEAT 0458_04_1111 11 Nov 2004 EAT Employment [ Bailii ] Â H Easter v the Governing Body of Notre Dame High School UKEAT/0615/04 11 Nov 2004 EAT His Honour Judge Mcmullen Qc Employment EAT Unfair Dismissal - Procedural fairness/automatically unfair dismissal. [ EATn ] Â Ms F James, Ms K Carden, Ms D Butler v Great North Eastern Railways UKEAT/0496/04 11 Nov 2004 EAT His Honour Judge Richardson Employment EAT Part Time Workers - (no sub-topic). [ EATn ] Â P Varghai v Caffyns Plc UKEAT/0565/04 11 Nov 2004 EAT The Honourable Mr Justice Bean Employment EAT Practice and Procedure - Costs. [ EATn ] Â Mckenna v King [2004] NIIT 9583_03 12 Nov 2004 NIIT Northern Ireland, Employment [ Bailii ] Â D Bancroft v Mitie Property Services (Southern) Ltd UKEAT/0494/04; [2004] UKEAT 0494_04_1211 12 Nov 2004 EAT His Honour Judge Serota QC Discrimination, Employment EAT Disability Discrimination - Reasonable adjustments [ Bailii ] Â M Phillips v Royal Mail Group Plc UKEAT/0595/04; [2004] UKEAT 0595_04_1211 12 Nov 2004 EAT His Honour Judge Richardson Employment EAT Practice and Procedure - Bias, misconduct and procedural irregularity 1 Cites [ Bailii ] - [ EATn ] Â Taylor v Motability Finance Ltd. [2004] EWHC 2619 (Comm) 12 Nov 2004 ComC Employment [ Bailii ] Â Mckenna v King (Redundancy Pay) [2004] NIIT 9583_03 12 Nov 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Computacenter UK Ltd v Swanton and others [2004] UKEAT 0256_04_1211 12 Nov 2004 EAT Employment [ Bailii ] Â Shaw v Mcaloon Construction Ltd [2004] NIIT 162_04 12 Nov 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Linda Jane Swanney v Penn Hill Pharmacy Limited [2004] UKEAT 0722_04_1511; UKEAT/0722/04 15 Nov 2004 EAT His Honour Judge Richardson Employment EAT Contract of Employment - Definition of employee [ Bailii ] Â TFS Derivatives Ltd v Morgan [2004] EWHC 3181 (QB); [2005] IRLR 246 15 Nov 2004 QBD Cox J Employment, Contract The claimant sought to enforce a post employment restrictive covenant. There was a 6 months' prohibition, post-termination of employment (less any period of garden leave) on any employment which was competitive with the business of a former employer. Held: When considering a restrictive covenant the court must first decide what it means when properly construed, secondly whether the former employers have a legitimate business interest requiring protection in relation to the employee's employment, and thirdly once such interests have been established the covenant must be shown to be no wider than is reasonably necessary for the protection of those interests. Even where the covenant is held to be reasonable the court will then finally decide whether, as a matter of discretion, injunctive relief should be granted having regard to its reasonableness at the time of trial. The court cannot blue pencil or sever parts of a restrictive covenant unless that can be done without changing the sense of the contract. 1 Cites 1 Citers [ Bailii ] Â Linda Jane Swanney v Penn Hill Pharmacy Limited UKEAT/0722/04 15 Nov 2004 EAT His Honour Judge Richardson Employment EAT Contract of Employment - Definition of employee. [ EATn ] Â Â Lamb v Transco Plc; EAT 15-Nov-2004 - EAT/0030/04; [2004] UKEAT 0030_04_1511 Â London Underground Ltd v M A Laher UKEAT/0592/04 16 Nov 2004 EAT His Honour Judge Serota Qc Employment EAT Unfair Dismissal - Reasonableness of dismissal. [ EATn ] Â Josiah Mason College v Amanda Jennifer Penelope Parsons UKEAT/0352/04 16 Nov 2004 EAT His Honour Judge Mcmullen QC Employment EAT Unfair Dismissal - Constructive dismissal Â Laing v Manchester City Council [2004] UKEAT 0830_04_1611; UKEAT/830/04 16 Nov 2004 EAT His Honour Judge Serota QC Employment EAT Practice and Procedure - Case Management - ET Chairman adjourned case without reference to claimant using his powers under new ET Rule 12. The ET, however, failed to comply with R12.2 and did not notify claimant of his right of his right to apply to vary or discharge. Had this been done claimant would have responded and the order would almost certainly have been revoked. [ Bailii ] - [ EAT ] Â Josiah Mason College v Amanda Jennifer Penelope Parsons UKEAT/0352/04 16 Nov 2004 EAT His Honour Judge Mcmullen Qc Employment EAT Unfair Dismissal - Constructive dismissal. [ EATn ] Â A v Melia v Magna Kansei Ltd UKEAT/0339/04 16 Nov 2004 EAT The Honourable Mr Justice Burton Employment EAT Unfair Dismissal - Compensation [ EATn ] Â A V Melia v Magna Kansei Ltd UKEAT/0339/04; [2004] UKEAT 0339_04_1711; [2005] IRLR 449; [2005] ICR 874 16 Nov 2004 EAT The Honourable Mr Justice Burton Employment EAT Unfair Dismissal - Various issues of quantum resolved in respect of appeal against Remedies Decision relating to earlier finding in favour of Appellant of detriment due to protected disclosure (s47B) and automatic unfair dismissal (s103A). Primary points were (i) in a case where there was 2.5% pa discount for accelerated payment in respect of some elements of award, also proper to award 2.5% pa premium for delayed payment of others as part of just and equitable compensation, even though interest not statutorily awardable (ii) the Employment Tribunal was correct to restrict compensation for injury to feelings under s47B by stopping it when it concluded that the repudiatory breaches subsequently accepted as constructive dismissal began, rather than as at the date of the constructive dismissal (iii) the Employment Tribunal did not err in reducing compensation by 50% on the just and equitable ground by reference to blameworthy conduct which was not contributory fault by reference to percentage chance of fair termination resulting from that conduct (Devis v Atkins). 1 Cites [ Bailii ] Â Chefai v Us Inns Ltd [2004] NIIT 1356_03 16 Nov 2004 NIIT Northern Ireland, Employment [ Bailii ] Â London Underground Ltd v M A Laher UKEAT/0592/04 16 Nov 2004 EAT His Honour Judge D Serota QC Employment EAT Unfair Dismissal - Reasonableness of dismissal Â A V Melia v Magna Kansei Ltd UKEAT/0339/04/DA 16 Nov 2004 EAT The Honourable Mr Justice Burton ( President ) Employment EAT Unfair Dismissal - Exclusions including worker 1 Citers Â Rice v Social Security Agency H.Q. (Originating Application) [2004] NIIT 890_04 16 Nov 2004 NIIT Northern Ireland, Employment [ Bailii ] Â I Laing v Manchester City Council UKEAT/0830/04 16 Nov 2004 EAT His Honour Judge Serota Qc Employment EAT Practice and Procedure - Case Management. 1 Cites [ EATn ] Â Kaur v MG Rover Group Ltd [2004] EWCA Civ 1507; Times, 06 December 2004; [2005] ICR 625; [2005] IRLR 40 17 Nov 2004 CA Keene LJ, Brooke LJ VP, Jonathan Parker LJ Employment The applicant was employed by the respondent who had a collective agreement with a trade union. Held: Not all elements of the collective agreement need be intended to be legally enforceable. She complained that the collective agreement would have protected her from compulsory redundancy. Keene LJ said: "the words relied on by the respondent . . were not intended to be incorporated into the contracts of employment of individual employees and were not apt for such incorporation. In so far as they formed part of a bargain with the unions, the commitment was solely on a collective basis." 1 Cites 1 Citers [ Bailii ] Â Â Lewis v Governing Body of John Beddoes School and Another; EAT 17-Nov-2004 - UKEAT/0422/04 Â Cable and Wireless Plc v Muscat UKEAT/0661/04; [2005] UKEAT 0661_04_2502 17 Nov 2004 EAT His Honour Judge Serota QC Employment EAT Practice and Procedure - Bias, misconduct and procedural irregularity - Employment Tribunals and the Employment Appeal Tribunal are bound by the Decision of the Court of Appeal in Dacas v Brook Street Bureau [2004] IRLR 358 and that Decision was not decided per incuriam. 1 Citers [ Bailii ] - [ EAT ] Â P J Carey (Contractors) Ltd v Denis Greene and 6 Others EATS/0044/04; [2004] UKEAT 0044_04_1711 17 Nov 2004 EAT The Honourable Lord Johnston Employment EAT Unlawful Deduction from Wages - Holiday Pay EAT Unlawful Deduction from Wages - (no sub-topic). [ Bailii ] - [ EAT ] Â Lewis v Governing Body of John Beddoes School and Another UKEAT/0422/04; [2004] UKEAT 0422_04_1711 17 Nov 2004 EAT Rimer J Employment EAT Unfair Dismissal - Compensation Employment Rights Act 1996 98 [ Bailii ] Â Ovenmill Limited v D Cutting UKEAT/0837/04 18 Nov 2004 EAT His Honour Judge D Serota Employment EAT Practice and Procedure - Appearance/Response. [ EATn ] Â Warp Technologies Holdings Inc v 1) Geoffrey Nunoo 2) Rahim Vermani UKEAT/0527/04 18 Nov 2004 EAT His Honour Judge Serota Qc Employment EAT Unfair Dismissal - Illegality/Fraud. [ EATn ] Â Patterson v Stephen Conn and Co and others (Time Limit) [2004] NIIT 29_03 18 Nov 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Grampian Country Food Group Ltd v Mcinally EATS/0035/04 18 Nov 2004 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Exclusions including worker/jurisdiction. [ EAT ] Â London General Transport Services Ltd v J Bell and 48 others UKEAT/0589/04 18 Nov 2004 EAT His Honour Judge Richardson Employment EAT Unlawful Deduction from Wages - (no sub-topic). [ EATn ] Â Warp Technologies Holdings Inc v Nunoo and Another [2004] UKEAT 0527_04_1811 18 Nov 2004 EAT Employment [ Bailii ] Â Eric Sutherland Manzie v Optos Plc EATS/0029/04 18 Nov 2004 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Exclusions including worker/jurisdiction. [ EATn ] Â Mcilvenna v Service [2004] NIIT 1886_04 18 Nov 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Mcilvenna v Service (Originating Application) [2004] NIIT 1886_04 18 Nov 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Patterson v Stephen Conn and Co and others [2004] NIIT 29_03 18 Nov 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Oliver v John R Weir Ltd [2004] UKEAT 0042_05_1811 18 Nov 2004 EAT Employment, Scotland EAT The appellant was unsuccessful in his appeal. The respondents lodged an application for an award of expenses under and in terms of Rule 34 and 34A of the Employment Appeal Tribunal Rules 1993. Parties were agreed that the application should be determined on the basis of written submissions. The Employment Appeal Tribunal determined that it should not exercise its discretion to award expenses. It could not be said that the appeal was unnecessary or misconceived. [ Bailii ] Â Warp Technologies Holdings Inc v Geoffrey Nunoo Rahim Vermani UKEAT/0527/04 18 Nov 2004 EAT His Honour Judge Serota QC Employment EAT Unfair Dismissal - Illegality/Fraud Â London General Transport Services Ltd v J Bell and 48 others UKEAT/0589/04 18 Nov 2004 EAT His Honour Judge Richardson Employment EAT Unlawful Deduction from Wages Â McDermott v Florence Clothiers (Scotland) Ltd Original Shoe Company Ltd EATS/0036/04; [2004] UKEAT 0036_04_1811 18 Nov 2004 EAT The Honourable Lord Johnston Employment EAT Practice and Procedure - Application/Claim. 1 Cites [ Bailii ] - [ EATn ] Â Grampian Country Food Group Ltd v Robert Mcinally EATS/0035/04; [2004] UKEAT 0035_04_1711 18 Nov 2004 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Exclusions including worker [ Bailii ] Â Ovenmill Limited v D Cutting [2004] UKEAT 0837_04_1811; UKEAT/0837/04 18 Nov 2004 EAT His Honour Judge D Serota Employment EAT Practice and Procedure - Appearance [ Bailii ] Â Manzie v Optos Plc [2004] UKEAT 0029_04_1811 18 Nov 2004 EAT Employment [ Bailii ] Â Went v The Governing Body of Sir Roger Manwood's School UKEAT/0401/04; [2004] UKEAT 0401_04_1811 18 Nov 2004 EAT The Honourable Mr Justice Rimer Employment EAT Unfair Dismissal - Constructive dismissal EAT Unfair Dismissal - Constructive dismissal. 1 Cites [ Bailii ] - [ EATn ] Â Regina (National Union of Journalists) v Central Arbitration Committee Times, 25 November 2004; [2004] EWHC 2612 (Admin) 19 Nov 2004 Admn Hodge J Employment The NUJ appealed refusal of collective negotiating rights with the Daily Mirror, having a majority of the members in the sports division. The paper had previously given exclusive rights to a competing union. At the time of the hearing the competing union had only one member in the division, whereas the NUJ had a majority. Held: Recognition meant recognition for any purpose. Once a collective agreement was in place, the CAC had no further part to play. The words could not be read to require substantial workeers support for the recognised union. Trades Union and Labour Relations (Consolidation) Act 1992 178 Sch1A p35 1 Cites 1 Citers [ Bailii ] Â Dickens v Hm Prison Service [2004] UKEAT 0115_04_1911 19 Nov 2004 EAT Employment [ Bailii ] Â Micron Europe Ltd v Samantha Inglis Alison Cadenhead EATS/0040/04; [2004] UKEAT 0040_04_1911 19 Nov 2004 EAT The Honourable Lord Johnston Employment EAT Practice and Procedure - Application [ Bailii ] Â London Metropolitan University (Previously University of North London) v C Henry [2004] UKEAT 0344_04_1911 19 Nov 2004 EAT Employment [ Bailii ] Â Mooney v Magennis's Bar Ltd [2004] NIIT 644_04 19 Nov 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Micron Europe Ltd v Samantha Inglis, Ms Alison Cadenhead EATS/0040/04 19 Nov 2004 EAT The Honourable Lord Johnston Employment EAT Practice and Procedure - Application/Claim. [ EATn ] Â Armstrong and others v The Newcastle Upon Tyne NHS Hospital Trust [2004] UKEAT 0158_04_2211; UKEAT/0158/04; UKEAT/0159/04 22 Nov 2004 EAT His Honour Judge Ansell Employment, Discrimination EAT Equal Pay Act Equal pay. No common terms of employment between different hospitals in the same Trust. No single source responsible for purposes of Article 141. Equality clause would survive a TUPE transfer. Equal Pay Act 1970 1 Cites 1 Citers [ Bailii ] - [ EATn ] Â N S Smith v A J Morrisroes [2004] UKEAT 0563_04_2211; UKEAT/0563/04 & UKEAT/0790/03 22 Nov 2004 EAT The Honourable Mr Justice Burton Employment EAT Working Time Regulations - Holiday pay [ Bailii ] Â Weir v Pf Copeland Ltd [2004] NIIT 9212_03 22 Nov 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Essex County Fire and Rescue Service v R Lambard UKEAT/0338/04 22 Nov 2004 EAT His Honour Judge Richardson Employment EAT Practice and Procedure - Bias, misconduct and procedural irregularity Â Edmondson and others v Allen and others [2005] NIIT 2239_97SD 22 Nov 2004 NIIT Northern Ireland, Employment [ Bailii ] Â London Borough of Hackney and others v S Sagnia UKEAT/0600/03 & UKEAT/0135/04 22 Nov 2004 EAT The Honourable Mr Justice Rimer Employment EAT Unfair Dismissal - Reasonableness of dismissal. [ EATn ] Â N S Smith v A J Morrisroes UKEAT/0563/04 & UKEAT/0790/03 22 Nov 2004 EAT The Honourable Mr Justice Burton Employment EAT Working Time Regulations - Holiday pay. [ EATn ] Â Essex County Fire and Rescue Service v R Lambard UKEAT/0338/04 22 Nov 2004 EAT His Honour Judge Richardson Employment EAT Practice and Procedure - Bias, misconduct and procedural irregularity. [ EATn ] Â Morgan v Middlesbrough Borough Council [2004] UKEAT 0375_04_2211 22 Nov 2004 EAT Employment [ Bailii ] Â Peter Stanford O'Reilly Pauline O'Reilly v Anthony Ellis T/A the Lifeboat Inn UKEAT/0414/04 23 Nov 2004 EAT His Honour Judge Serota Employment EAT Unfair Dismissal - Procedural fairness Â Peter Stanford O'Reilly, Pauline O'Reilly v Anthony Ellis T/A the Lifeboat Inn UKEAT/0414/04 23 Nov 2004 EAT His Honour Judge Serota Employment EAT Unfair Dismissal - Procedural fairness/automatically unfair dismissal. [ EATn ] Â O'Reilly and Another v Ellis (T/A the Lifeboat Inn) [2004] UKEAT 0414_04_2311 23 Nov 2004 EAT Employment [ Bailii ] Â Gorrell v Strain Engineering and Another (Breach of Contract) [2004] NIIT 2323_04 24 Nov 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Loughran v Portview Construction (Preliminary Hearing) [2004] NIIT 2415_03 24 Nov 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Loughran v Portview Construction [2004] NIIT 2415_03 24 Nov 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Stobo v Stothers (M and E) Ltd [2004] NIIT 1773_04 24 Nov 2004 NIIT Northern Ireland, Employment [ Bailii ] Â H Mustafa v Logica Cmg UK Ltd UKEAT/0852/04 26 Nov 2004 EAT The Honourable Mr Justice Rimer Employment EAT Practice and Procedure - Amendment. [ EATn ] Â Townends Group Ltd v Cobb and Others Times, 01 December 2004 26 Nov 2004 ChD Micheal Briggs QC Employment The claimant company sought to restrain its former employees from using the estate agency's trade secrets and soliciting their clients. Held: The employment contracts contained no clauses effective to restrain such uses, and the court could not imply them or amend them toi achieve effectiveness. Â Mustafa v Logica Cmg UK Ltd [2004] UKEAT 0852_04_2611 26 Nov 2004 EAT Employment [ Bailii ] Â Onwuka v Spherion Technology UK Ltd and others [2004] UKEAT 0843_04_2611; UKEAT/0843/04 & 0853/04 26 Nov 2004 EAT he Honourable Mr Justice Rimer Employment EAT The two appeals raised questions as to (i) whether the Chairman of an employment tribunal had misdirected herself in relation to an application to amend an originating application, and (ii) as to the jurisdiction of an employment tribunal under The Employment Tribunals (Constitutions and Rules of Procedure) Regulations 2004 to review its own previous orders. The court accepted the appellant's argument: "As for the point that the thought behind the proposed joinder of SC was the wish to be "proofed against the insolvency of the appropriate Respondent", Mr Davey submitted that this too was irrelevant to the exercise of the discretion that Ms Hyde was asked to exercise. The background was that STUK had ceased to trade and Mr Davey squarely accepts that Mr Onwuka had become concerned that it could not satisfy any liability he might establish against it. Why, however, if he has an arguable claim against a related company which might also be made severally liable to him, should he not be entitled to join that company as a respondent? It is usual for claimants to want to join respondents who will be good for any liability that may be established, and there is nothing wrong with that. None of the submissions advanced by the respondents had any merit or substance in them as a matter of law, and there was no proper basis on which Ms Hyde could properly accept any of them." Employment Appeal Tribunal Rules 1993 3(7) - Employment Tribunals (Constitutions and Rules of Procedure) Regulations 2004 1 Cites 1 Citers [ Bailii ] Â H Mustafa v Logica Cmg UK Ltd UKEAT/0852/04 26 Nov 2004 EAT The Honourable Mr Justice Rimer Employment EAT Practice and Procedure - Amendment. Â Onwuka v Spherion Technology UK Ltd, Relq Europe Ltd, Systems Testing Associates Ltd, J Thompson UKEAT/0843/04 & 0853/04 26 Nov 2004 EAT The Honourable Mr Justice Rimer Employment EAT Practice and Procedure - Amendment. [ EATn ] Â Cosby v Ferguson (T/A Locktight Security) (Wages, Holiday Pay, Notice Pay) [2004] NIIT 1746_04 29 Nov 2004 NIIT Northern Ireland, Employment [ Bailii ] Â S J Hardy v Tourism South East UKEAT/0931/04; [2004] UKEAT 0631_04_2911 29 Nov 2004 EAT His Honour Judge Richardson Employment EAT Redundancy - Collective consultation and information 1 Cites [ Bailii ] - [ EATn ] Â London Borough of Lambeth v A Owolade UKEAT/0789/04 30 Nov 2004 EAT The Honourable Mr Justice Rimer Employment EAT Practice and Procedure - Perversity Â Shaw v Mccosh [2004] NIIT 303_04 30 Nov 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Talbot v WAGN Railways West Anglia and Great Northern Railways UKEAT/0770/04; [2004] UKEAT 0770_04_3011 30 Nov 2004 EAT His Honour Judge Serota QC Discrimination, Employment EAT Disability Discrimination ET decision on section 6 of the Disability Discrimination Act reversed because of decision of House of Lords in Archibald v Fife Council 2004] IRLR 651. ET had followed decision in Court of Session that House of Lords reversed. [ Bailii ] - [ EAT ] Â London Borough of Lambeth v A Owolade UKEAT/0789/04 30 Nov 2004 EAT The Honourable Mr Justice Rimer Employment EAT Practice and Procedure - Perversity. [ EATn ] Â Rose v Dodd [2004] UKEAT 0517_04_3011 30 Nov 2004 EAT Employment, Legal Professions 1 Citers [ Bailii ] Â Robinson and Another v Landless [2004] UKEAT 0529_04_0212 2 Dec 2004 EAT Burton P J Employment EAT Sex Discrimination / Unfair Dismissal Appeal against finding of sex discrimination and constructive dismissal in favour of female salaried partner in firm of solicitors. Lack of clarity as to whether direct or indirect discrimination was found. If indirect, Applicant did not now support such claim. If direct, no sufficient findings, and no consideration of Respondent's explanations or as to continuing act. Constructive dismissal flawed by absence of findings and/ or incorrect approach and (on Applicant's cross-appeal) no reasons for finding of waiver. Remission of direct discrimination claim and constructive dismissal (on appeal and cross-appeal) to same Tribunal (Sinclair Roche considered). [ Bailii ] Â Smith v Churchills Stairlift Plc [2004] UKEAT 0674_04_0212; UKEAT/0674/04 2 Dec 2004 EAT His Honour Judge McMullen QC Discrimination, Employment EAT Disability Discrimination - Justification. [ Bailii ] - [ EAT ] Â Ripple Developments Ltd v Mitchell UKEAT/0660/04; [2004] UKEAT 0660_04_0212 2 Dec 2004 EAT Employment EAT Practice and Procedure - Admissibility of evidence [ Bailii ] - [ EAT ] Â Bristol Golf Club v Holmes [2004] UKEAT 0629_04_0212; UKEAT/0629/04 2 Dec 2004 EAT His Honour Judge Richardson Employment EAT Contract of Employment - Wrongful dismissal. [ Bailii ] - [ EAT ] Â Royal Mail Group Plc v O P Shotton UKEAT/0345/04; [2004] UKEAT 0345_04_0312 3 Dec 2004 EAT His Honour Judge Mcmullen QC Employment EAT Time Limits - Reasonable practicability [ Bailii ] Â Royal Mail Group Plc v O P Shotton UKEAT/0345/04 3 Dec 2004 EAT His Honour Judge Mcmullen Qc Employment EAT Time Limits - Reasonable practicability. [ EATn ] Â Hiscock v Starbucks Coffee Co (UK) Ltd Starbucks Coffee Emea Bv UKEAT/0742/04; [2005] UKEAT 0742_04_0403 3 Dec 2004 EAT The Honourable Mr Justice Rimer Employment EAT Practice and Procedure - Estoppel or Abuse of Process. [ Bailii ] - [ EAT ] Â Tate v Craigavon Area Hospital Group Hss Trust [2004] NIIT 881_03 3 Dec 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Doolan v Royal Mail [2004] NIIT 1301_04 3 Dec 2004 NIIT Northern Ireland, Employment [ Bailii ] Â C McCabe v London Borough of Greenwich UKEAT/0608/04; [2004] UKEAT 0608_04_0612 6 Dec 2004 EAT His Honour Judge Richardson Employment EAT Unfair Dismissal - Reasonableness of dismissal [ Bailii ] Â C Mccabe v London Borough of Greenwich UKEAT/0608/04 6 Dec 2004 EAT His Honour Judge Richardson Employment EAT Unfair Dismissal - Reasonableness of dismissal. [ EATn ] Â P R Thorpe v Eaton Electrical Limited 0497/04 6 Dec 2004 EAT The Honourable Mr Justice Burton Employment EAT Unfair Dismissal - Constructive dismissal [ EATn ] Â I R Bourne v Sovereign Chaffeurs of London Ltd UKEATPA/1317/04/DZM & UKEATPA/ 6 Dec 2004 EAT The Honourable Mr Justice Burton ( President ) Employment EAT Practice and Procedure Â P R Thorpe v Eaton Electrical Limited UKEAT/0497/04/DM; [2004] UKEAT 0497_04_0612 6 Dec 2004 EAT The Honourable Mr Justice Burton ( President ) Employment EAT Unfair Dismissal - Exclusions including worker EAT Unfair Dismissal - Constructive dismissal. [ Bailii ] Â Matthews, Regina (on the Application of) v Employment Tribunal [2004] EWHC 3385 (Admin) 6 Dec 2004 Admn Hughes J Employment, Litigation Practice, Human Rights The applicants sought to challenge the practice of employment tribunals not to record their proceedings. They wished to allege perjury by a witness but had found that no prosecution would flow without a record. Held: the application for judicial review was unarguable and failed. "Article 6 requires that the claimant should have had a full and public fair hearing, where his rights were in issue, as they were. The absence of recording equipment is, however, entirely irrelevant to whether the hearing itself is fair or not. " European Convention on Human Rights 6 [ Bailii ] Â Dattani v The Chief Constable of West Mercia Police UKEAT/0385/04; [2005] UKEAT 0385_04_0702 6 Dec 2004 EAT His Honour Judge Mcmullen QC Discrimination, Employment EAT Race Discrimination - Burden of proof (1) ET erred when, in considering whether C had made out a prima facie case of race discrimination, it paid attention at that stage to evidence and explanations of the . . R. Sinclair Roche & Temperley [2004] IRLR 763 EAT applied. (2) Inferences may be drawn under RRA 1976 Section 65 from material given by a respondent in response to a statutory questionnaire, or otherwise, including a Response and additional information. 1 Cites [ Bailii ] - [ EAT ] Â Mckay v London Probation Board [2004] UKEAT 0679_04_0712; UKEAT/0679/04/CK 7 Dec 2004 EAT The Honourable Mr Justice Burton Employment EAT Time Limits Letter sent by the Respondent to the Applicant gave the alternatives of summary dismissal or consideration of agreed termination, with a deadline for such agreement, which was subsequently extended. No error in law by the Employment Tribunal in concluding on the facts that, by virtue of such continued negotiations, the letter did not terminate the contract of employment, so that the Originating Application was premature. [ Bailii ] - [ Bailii ] - [ EATn ] Â Wilson (HM Inspector of Taxes) v Clayton [2004] EWCA Civ 1657; Times, 12 January 2005 7 Dec 2004 CA Lord Justice Peter Gibson Lady Justice Arden Lord Justice Clarke Income Tax, Employment The claim against the defendant at the tribunal had been settled by a compromise which had then been the subject of an order by the tribunal. The Revenue sought to charge the payment to income tax. Held: It had been paid 'in connection with' the termination of his employment, was less than pounds 30,000 and so was outside a charge to tax. S131(1) extended the meaning of 'emolument' and the extended meaning included such payments. Income and Corporation Taxes Act 1988 148 1 Cites 1 Citers [ Bailii ] Â P and O Ferries (Bermuda) Ltd v D E Spencer UKEAT/433/04 7 Dec 2004 EAT His Honour Judge Richardson Employment EAT Working Time Regulations Â Sullivan v Department of Regional Development [2004] NIIT 2640_02 7 Dec 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Gulf Offshore Guernsey Ltd v Struth UKEAT/0489/04/SM; [2004] UKEAT 0489_04_0712 7 Dec 2004 EAT His Honour Judge Serota QC Employment EAT Contract of Employment - Mutual trust and confidence. The ET was entitled to find on the facts that the Claimant was constructively dismissed, although he had misunderstood what was said to him by his ship's Chief Engineer. There were other matters that the ET was entitled to find amounted to a 'last straw,. 1 Cites [ Bailii ] - [ EATn ] Â P and O Ferries (Bermuda) Ltd v D E Spencer UKEAT/433/04 7 Dec 2004 EAT His Honour Judge Richardson Employment EAT Working Time Regulations - (no sub-topic). [ EATn ] Â Gorrell v Strain Engineering and Another [2004] NIIT 2323_04 8 Dec 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Wylie v Reliance Security Services Ltd [2004] NIIT 2277_03_2 8 Dec 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Vaseghi v Brunel University UKEAT/0757/04/DA; [2004] UKEAT 0757_04_0812 8 Dec 2004 EAT The Honourable Mr Justice Burton Discrimination, Employment EAT Race Discrimination / Trade Union Rights>br />The Employment Tribunal incorrectly excluded unconscious discrimination from its consideration, contrary to Nagarajan, and on the s146 claim wrongly concluded that there was no detriment and gave inadequate reasons for its conclusion that there was no Trade Union motivation. Other outstanding unadjudicated grounds of appeal (not before full hearing on this occasion) prevented remission. Referral under Burns v Consignia to the same Tribunal to give answers on unconscious discrimination and reasoning for s146 conclusion on motivation (without further evidence, with further submissions and with opportunity for the Employment Tribunal to review if so advised of its own initiative). EAT Trade Union Rights - Action short of dismissal. 1 Citers [ Bailii ] - [ EATn ] Â Ceesay v Securicor Security Ltd [2004] UKEAT 0105_04_0812 8 Dec 2004 EAT Employment [ Bailii ] Â Hughes v Close [2005] NIIT 6 9 Dec 2004 NIIT Employment [ Bailii ] Â Southwark Carers v E Parsons UKEAT/0775/04/ILB 9 Dec 2004 EAT His Honour Judge Mcmullen QC Employment EAT Practice and Procedure - Application Â M Uphill v Colas Limited UKEAT/0323/04 9 Dec 2004 EAT His Honour Judge Richardson Employment EAT Practice and Procedure - Delay in ET judgment Â Melstar Ltd v Alison Rix UKEAT/0701/04 9 Dec 2004 EAT His Honour Judge Mcmullen QC Employment EAT Practice and Procedure - Preliminary issues Â Hughes v Close [2004] NIIT 2268_04 9 Dec 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Melstar Ltd v Alison Rix UKEAT/0701/04 9 Dec 2004 EAT His Honour Judge Mcmullen Qc Employment EAT Practice and Procedure - Preliminary issues. [ EATn ] Â M Uphill v Colas Limited UKEAT/0323/04 9 Dec 2004 EAT His Honour Judge Richardson Employment EAT Practice and Procedure - Delay in ET judgment. [ EATn ] Â Southwark Carers v Parsons [2004] UKEAT 0775_04_0912 9 Dec 2004 EAT McMullen QC HHJ Employment EAT Practice and Procedure An Employment Tribunal Chairman had no power on remission by the EAT of one point of an appeal to make a Decision different from that made by the first Chairman and not appealed. [ Bailii ] Â Uphill v Colas Ltd [2004] UKEAT 0323_04_0912 9 Dec 2004 EAT Employment [ Bailii ] Â Melstar Ltd v Rix [2004] UKEAT 0701_04_0912 9 Dec 2004 EAT Employment [ Bailii ] Â Southwark Carers v E Parsons UKEAT/0775/04 9 Dec 2004 EAT His Honour Judge Mcmullen Qc Employment EAT Practice and Procedure - Appellate jurisdiction/Reasons/Burns-Barke. [ EATn ] Â Kathleen Kelly v Mersey Docks and Harbour Company [2004] EWCA Civ 1676 10 Dec 2004 CA Lord Justice Waller Sir Christopher Staughton Lord Justice Mance Employment, Financial Services [ Bailii ] Â Gillespie v Mccrory and Another [2004] NIIT 2263_04 10 Dec 2004 NIIT Employment [ Bailii ] Â Foster v Brighton and Hove City Council [2004] UKEAT 0737_04_1312; UKEAT/0737/04 13 Dec 2004 EAT The Honourable Mr Justice Rimer Employment EAT The issues were (i) whether the employment tribunal misdirected itself in concluding that the dismissal was unfair on merely procedural grounds, (ii) whether it misdirected itself in concluding that, had a fair procedure been adopted, the appellant would have been fairly dismissed anyway, and (iii) whether it misdirected itself in concluding that the appellant caused or contributed to her dismissal to the extent of 100%. [ Bailii ] - [ EAT ] Â Fleming, Watts, Thomson v Diosynth Ltd EATS/0034/04; [2004] UKEAT 0034_04_1312 13 Dec 2004 EAT The Honourable Lord Johnston Employment EAT Unfair Dismissal - Exclusions including worker/jurisdiction. 1 Citers [ Bailii ] - [ EAT ] Â Voith Turbo Ltd v Stowe UKEAT/0675/04/CK; [2004] UKEAT 0675_04_1312; [2005] ICR 453 13 Dec 2004 EAT His Honour Judge McMullen Qc Employment EAT The principal holding is that a Tribunal is entitled, in accordance with good employment relations practice, to hold that an employee unfairly dismissed need not give credit for earnings achieved in new employment during a period when notice pay was made by the former employer. Norton Tool Co Ltd v Tewson [1972] IRLR 86 NIRC, affirmed in Babcock FATA Ltd v Addison [1987] IRLR173 CA applied. Hardy v Polk (Leeds) Ltd [2004] IRLR 420 EAT not followed. Case remitted in part for Tribunal to decide future pension loss, for it awarded 10 years when neither side claimed more than 5. [ Bailii ] - [ EAT ] Â London General Transport Services Ltd v Bell and 48 Others [2004] UKEAT 0589_04_1312 13 Dec 2004 EAT Richardson HHJ Employment EAT The Tribunal did not err in law in rejecting the Appellant's argument that the Respondents were barred by issue estoppel from pursuing their claims. However the Tribunal did err in law in its construction of the Framework Agreement and the 1994 Operating Agreement as regards pay for public/bank holidays worked. [ Bailii ] Â Hawkins v Darken (T/A Sawbridgeworth Motorcyles) [2004] EWCA Civ 1755 13 Dec 2004 CA Employment 1 Cites 1 Citers [ Bailii ] Â Forshaw v Archcraft Ltd UKEAT/0677/04; [2004] UKEAT 0677_04_1312; [2006] ICR 70 13 Dec 2004 EAT The Honourable Mr Justice Rimer Employment Dismissal for 'some other substantial reason' - employees refusal to sign new contracts. Employment Rights Act 1996 98(1)(b) 1 Citers [ Bailii ] - [ EAT ] Â Plumb v Birchanger Church of England Primary School and Another [2004] UKEAT 0133_04_1412 14 Dec 2004 EAT Employment [ Bailii ] Â the Wise Group v L Mitchell UKEAT/0693/04 14 Dec 2004 EAT The Honourable Mr Justice Rimer Employment EAT Unfair Dismissal - Compensation Â the Wise Group v L Mitchell UKEAT/0693/04 14 Dec 2004 EAT The Honourable Mr Justice Rimer Employment EAT Unfair Dismissal - Compensation. [ EATn ] Â East Dunbartonshire Council v Ms Sandra Murray EATS/0072/04 14 Dec 2004 EAT The Honourable Lord Johnston Employment EAT Practice and Procedure - Application/Claim. [ EATn ] Â Ms Jane Falconer v Campbell Lee Computer Services Ltd EATS/0045/04 14 Dec 2004 EAT The Honourable Lord Johnston Employment EAT Equal Pay Act - Article 141 [ EATn ] Â East Dunbartonshire Council v Murray [2004] UKEAT 0072_04_1412 14 Dec 2004 EAT Employment [ Bailii ] Â East Dunbartonshire Council v Murray EATS/0072/04 14 Dec 2004 EAT The Honourable Lord Johnston Employment EAT Practice and Procedure - Application Â G Webster v Brunel University UKEAT/0730/04; [2004] UKEAT 0730_04_1412 14 Dec 2004 EAT The Honourable Mr Justice Burton Discrimination, Employment EAT Race Discrimination Novel point decided that the Employment Tribunal erred in concluding that, in a case where there was an issue as to whether the act complained of was by the Respondent (i.e. by someone for whom the Respondent was responsible) the Applicant failed to show that such was the case (so the burden of proof never passed). The Employment Tribunal should have treated such an issue as part of the prima facie case that the Applicant must present so as to transfer the burden of proof to the Respondent to prove that there was no unfavourable treatment by the Respondent significantly influenced by race. 1 Citers [ Bailii ] - [ EATn ] Â Falconer v Campbell Lee Computer Services Ltd [2004] UKEAT 0045_04_1412 14 Dec 2004 EAT Employment [ Bailii ] Â the Chief Constable of Tayside Police v Douglas James Fisher EATS/0048/04 15 Dec 2004 EAT The Honourable Lord Johnston Employment, Health and Safety EAT Health & Safety Â Tayside Police v Fisher [2004] UKEAT 0048_04_1512 15 Dec 2004 EAT Employment [ Bailii ] Â the Chief Constable of Tayside Police v Douglas James Fisher EATS/0048/04 15 Dec 2004 EAT The Honourable Lord Johnston Employment EAT Health & Safety - (no sub-topic). [ EATn ] Â Tyne and Wear Austic Society v Smith [2004] UKEAT 0652_04_1612 16 Dec 2004 EAT Employment [ Bailii ] Â Donald v AMP (UK) Services Ltd EATS/0053/04; [2004] UKEAT 0053_04_1612 16 Dec 2004 EAT The Honourable Lord Johnston Employment, Scotland EAT Unfair Dismissal - Exclusions including worker 1 Cites [ Bailii ] - [ EATn ] Â Alan Gibson v the Scottish Ambulance Service EATS/0052/04 16 Dec 2004 EAT The Honourable Lord Johnston Employment EAT Part Time Workers Â Josiah Mason College v Jennifer and Another [2004] UKEAT 0352_04_1612 16 Dec 2004 EAT Employment [ Bailii ] Â Gibson v the Scottish Ambulance Service [2004] UKEAT 0052_04_1612 16 Dec 2004 EAT Employment [ Bailii ] Â Jose Vicente Olaso Valero v Fondo de Garantia Salarial (Fogasa) C-520/03 16 Dec 2004 ECJ European, Employment, Insolvency Social policy - Protection of workers in the event of the insolvency of their employer - Directive 80/987/EEC - Scope - Definition of 'claims' - Definition of 'pay' - Compensation payable in the event of unfair dismissal. Â Alan Gibson v the Scottish Ambulance Service EATS/0052/04 16 Dec 2004 EAT The Honourable Lord Johnston Employment EAT Part Time Workers - (no sub-topic). [ EATn ] Â Mckeever v Ellis [2004] NIIT 2050_04 16 Dec 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Mcfarlane v Patchwork Community Housing Association Ltd [2004] EWCA Civ 1840 17 Dec 2004 CA Employment [ Bailii ] Â M O'Shea v Coventry City Council UKEAT/0046/04 17 Dec 2004 EAT His Honour Judge Reid Qc Employment EAT Unfair Dismissal - Constructive dismissal. [ EATn ] Â Morgan v Middlesbrough Borough Council UKEAT/0375/04 17 Dec 2004 EAT Mr Commissioner Howell QC Employment EAT Equal Pay Act - Like work Â M O'Shea v Coventry City Council UKEAT/0046/04 17 Dec 2004 EAT His Honour Judge Reid QC Employment EAT Unfair Dismissal - Constructive dismissal Â Morgan v Middlesbrough Borough Council UKEAT/0375/04 17 Dec 2004 EAT Mr Commissioner Howell Qc Employment EAT Equal Pay Act - Like work [ EATn ] Â Agnew v Newbridge Integrated College and Another [2004] NIIT 9405_03 20 Dec 2004 NIIT Northern Ireland, Employment [ Bailii ] Â L J Mossman v Bray Management Ltd UKEAT/0477/04 20 Dec 2004 EAT His Honour Judge Mcmullen QC Employment EAT Time Limits - Reasonable practicability Â Mossman v Bray Management Ltd [2004] UKEAT 0477_04_2012 20 Dec 2004 EAT Employment [ Bailii ] Â L J Mossman v Bray Management Ltd UKEAT/0477/04 20 Dec 2004 EAT His Honour Judge Mcmullen Qc Employment EAT Time Limits - Reasonable practicability. [ EATn ] Â Randall and Another v CR Promotions [2004] NIIT 574_04 20 Dec 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Brian Kennedy T/A Snappy Snaps v A Warwick UKEAT/0118/04 & UKEAT/0463/04 21 Dec 2004 EAT His Honour Judge Serota Qc Employment EAT Practice and Procedure - Bias, misconduct and procedural irregularity. [ EATn ] Â Hendy Banks City Print Ltd v A Fairbrother, P Irvine, J Irvine, D Simmons, A Smith, P Vieyra UKEAT/0691/04/TM 21 Dec 2004 EAT His Honour Judge Reid Qc Employment EAT Redundancy - Fairness [ EATn ] Â Kennedy (T/A Snappy Snaps) v Warwick [2004] UKEAT 0118_04_2112 21 Dec 2004 EAT Employment [ Bailii ] Â Brian Kennedy T/A Snappy Snaps v A Warwick UKEAT/0118/04 & UKEAT/0463/04 21 Dec 2004 EAT His Honour Judge Serota QC Employment EAT Practice and Procedure - Bias, misconduct and procedural irregularity Â Hendy Banks City Print Ltd v A Fairbrother, P Irvine, J Irvine, D Simmons, A Smith, P Vieyra UKEAT/0691/04/TM; [2004] UKEAT 0691_04_2112 21 Dec 2004 EAT His Honour Judge Reid QC Employment EAT Redundancy - Fairness [ Bailii ] Â AB v CD and Another [2004] NIIT 320_04 21 Dec 2004 NIIT Northern Ireland, Employment [ Bailii ] Â Ms O Donovan v the Housing Corporation UKEAT/0444/04 22 Dec 2004 EAT His Honour Judge Reid Qc Employment EAT Part Time Workers - (no sub-topic). [ EATn ] Â Hegarty v Harold Mcgarrity and Sons Ltd and Another [2004] NIIT 878_03 22 Dec 2004 NIIT Northern Ireland, Employment [ Bailii ] Â A Kendal and others v Caley Fisheries Ltd UKEAT/0507/04 22 Dec 2004 EAT His Honour Judge Reid Employment EAT Contract of Employment - Definition of employee. [ EATn ] Â O Donovan v the Housing Corporation [2004] UKEAT 0444_04_2212 22 Dec 2004 EAT Employment [ Bailii ] Â Essex County Fire and Rescue Service v Lambard [2004] UKEAT 0338_04_2212 22 Dec 2004 EAT Employment [ Bailii ] Â A Kendal and others v Caley Fisheries Ltd UKEAT/0507/04 22 Dec 2004 EAT His Honour Judge Reid Employment EAT Contract of Employment - Definition of employee Â O Donovan v the Housing Corporation UKEAT/0444/04 22 Dec 2004 EAT His Honour Judge Reid QC Employment EAT Part Time Workers Â Beattie v Jan De Vries Health Care Limited (Application for Costs) [2004] NIIT 477_04 25 Dec 2004 NIIT Northern Ireland, Employment [ Bailii ] Â
		Copyright 2014 David Swarbrick, 10 Halifax Road, Brighouse, West Yorkshire HD6 2AG.

swarb.co.uk - law index

Employment - From: 2004 To: 2004