Mr Nelson was employed as a producer but had in fact been engaged in the Caribbean Service of the BBC in terms of the work which he had actually been doing. The contract of employment expressly provided that he should serve wherever and however he might be required.
Held: For a tribunal to find itself able to make a deduction from the award for contributory fault in the employee’s misconduct, the conduct complained of must be perverse unreasonable or foolish in the circumstances, whether or not it was also a breach of the employment contract. ‘the conduct must be ‘culpable or blameworthy’ for it to be regarded as contributory conduct.’ Lord Brandon set out a three stage test for such a deduction.
Judges:
Brandon LJ
Citations:
[1980] ICR 110
Statutes:
Trade Union and Labour Relations Act 1974 SCh1 p19(3)
Jurisdiction:
England and Wales
Citing:
Cited – Nelson v British Broadcasting Corporation CA 1977
Mr Nelson was employed as a producer but had in fact been engaged in the Caribbean Service of the BBC in terms of the work which he had actually been doing. The contract of employment expressly provided that he should serve wherever and however he . .
Cited by:
Cited – Tracy and others v Crosville Wales Ltd HL 16-Oct-1997
Damages for unfair dismissal of those not re-engaged after a strike where the employees had been equally blameworthy, were not to be reduced for any contributory fault of the employee in engaging in the strike. The employers had advertised the jobs, . .
Cited – Swallow Security Services Ltd v Millicent EAT 19-Mar-2009
EAT UNFAIR DISMISSAL: Contributory fault
The employers dismissed the employee after a bogus redundancy exercise, after she had knowingly taken paid holiday in excess of her holiday allowance and failed to . .
Cited – Punch Pub Company Ltd v O’Neill EAT 23-Jul-2010
EAT UNFAIR DISMISSAL
Reasonableness of dismissal
Procedural fairness/automatically unfair dismissal
The Employment Tribunal failed to consider the effect of S98A(2) of the Employment Rights Act . .
Cited – Edwards v Chesterfield Royal Hospital NHS Foundation Trust SC 14-Dec-2011
The claimant had been employed as consultant surgeon. He had been dismissed in a manner inconsistent with the extress terms of his employment contract. He sought common law damages for the manner of his dismissal. The employer appealed.
Held: . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 20 April 2022; Ref: scu.179867