The claimant asserted unfair dismissal. The company denied that he was an employee. The company now appealed against the decision of the EAT to grant the claimant’s appeal. The claimant had been an employee, but the arrangement had been varied so that it would allow him as a Slovak to live in the UK. In … Continue reading Emerging Markets Partnership (Europe) Ltd v Bachnak: CA 19 Dec 2003
An order for a journalist to disclose the name of an employee disclosing his employer’s information, may be made where there was a need to identify a disloyal employee. Here drafts of accounts had been released to embarrass the company. The documents involved were stolen, and a return of them would enable identification of the … Continue reading Camelot Group plc v Centaur Communications Limited: CA 23 Oct 1997
EAT FIXED TERM REGULATIONS Fixed term contracts An employee on a fixed term contract applied to the Employment Tribunal for a declaration that she was permanently employed. She relied on previous periods of service under earlier fixed term contracts as meeting the qualifying period under Regulation 8 of the Fixed Term Employees (Prevention of Less … Continue reading Hudson v The Department for Work and Pensions: EAT 10 Feb 2012
The respondent had at the close of the claimant’s case submitted that it had no case to answer. The tribunal agreed and discharged the claim without hearing from the respondent. The employer appealed the EAT’s decision to allow her appeal. Held: Stopping the case was a step which no reasonable tribunal, properly directing itself, would … Continue reading Logan v Commissioners of Customs and Excise: CA 23 Jul 2003
The copyright tribunal was given a wide discretion for the awarding of costs on applications made to it for licenses. The nature of the applications and the different basis makes it dangerous to import rules for awards from the general rules on costs. The Copyright Tribunal was wrong to award costs on an award to … Continue reading AEI Rediffusion Music Ltd v Phonographic Performance Ltd: CA 1 Feb 1999
The court was asked whether the claimant had been dismissed or had resigned. He had attended a meeting to be told that his contract was to be finished. The company later complained that he had resigned when they were unable to reach a compromise on the terms. Held: The appeal succeeded. The case was to … Continue reading Sandhu v Jan De Rijk Transport Ltd: CA 10 May 2007
The claimant applied for leave to bring an action for race discrimination nine years after the acts complained of. Leave was granted. The respondent said the tribunal should have heard the complaint first before deciding to extend time. Held: The discretion given was to act as the tribunal thought just and equitable. There was no … Continue reading Afolabi v Southwark London Borough Council: CA 24 Jan 2003
The applicant had been born and registered as a female, but later came to receive treatment and to live as a male. He complained that the respondent had failed to amend his birth certificate. Held: The court accepted that, by failing to confer on a transsexual a right to an amended birth certificate, the state … Continue reading Rees v The United Kingdom: ECHR 17 Oct 1986
The employee was a transsexual, awaiting completion of surgical transformation to a woman. The employer said she could not use the female toilet facilities, but was offered use of the unisex disabled facilities. Held: The 1975 Act provides for a category of persons who are not to be discriminated against. By virtue of the definition … Continue reading Croft v Royal Mail Group Plc (formerly Consignia Group plc): CA 18 Jul 2003
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 … Continue reading Lambe v 186K Ltd: CA 29 Jul 2004
The court heard six claims against companies restored to the register of companies to make claims under their insurance policies for personal injury in the form of death from mesothelioma from asbestos, and particularly whether liability could be found under the 1930 Act. The insurers maintained that any liability arose at the time of the … Continue reading Employers’ Liability Policy ‘Trigger’ Litigation; Durham v BAI (Run off) Ltd etc: QBD 21 Nov 2008
EAT JURISDICTIONAL POINTS – 2002 Act and pre-action requirements STATUTORY DISCIPLINE AND GRIEVANCE PROCEDURES – Whether applicable CONTRACT OF EMPLOYMENT TRANSFER OF UNDERTAKINGS – Transfer Critical issue – whether Employment Judge entitled to find that Claimant’s employment transferred from First Respondent to Second Respondent without her knowledge or consent. He was not. TUPE was not … Continue reading Gabriel v Peninsula Business Services Ltd and Another: EAT 23 Feb 2012
The claimant advanced funds to the respondent for him to invest in a bank of which the claimant had insider knowledge. In fact the defendant did not invest the funds, the knowledge was incorrect. The defendant however did not return the sums advanced, saying he need not return it because the contract was for an … Continue reading Patel v Mirza: SC 20 Jul 2016
The court considered the liability of insurers of companies now wound up for mesothelioma injuries suffered by former employees of those companies, and in particular whether the 1930 Act could be used to impose liability. The insurers now appealed against findings that some policies, those which insured against injury ‘sustained’ during the policy period, as … Continue reading Employers’ Liability Insurance ‘Trigger’ Litigation: BAI (Run Off) Ltd v Durham and Others: SC 28 Mar 2012
Citations: [2001] UKEAT 0301 – 01 – 2703 Links: Bailii Jurisdiction: England and Wales Citing: See Also – Thomas v Merton Racial Equality Council EAT 24-Mar-1999 . . Cited by: See Also – London Borough of Merton v Thomas EAT 3-May-2002 EAT Jurisdiction EAT Contract of Employment – Written particulars. . . Lists of cited … Continue reading London Borough of Merton v Thomas: EAT 27 Mar 2001
EAT Unfair Dismissal : Compensation : Appeal alleged Employment Tribunal wrong in assessing compensation under s.31 Employment Act 2002 and also in applying a particular cut off date. Appeal dismissed on the basis that there was adequate material upon which the Employment Tribunal could reach the conclusions it did. Cross appeal also dismissed for the … Continue reading Hill v G and R Pollard Engineering: EAT 13 Mar 2012
EAT Sex Discrimination : Marital Status: A was married to the Chief Executive of R1 (H). She had for some time worked for R1 as a contractor. It was R1’s case that the Chairman told H that from the end of 2009 he should not employ any member of his family in the business, because … Continue reading Hawkins v Atex Group Ltd and Others: EAT 13 Mar 2012
The claimant appealed against rejection of his claim of age discrimination. the claimant complained that the trust had deliberately failed to comply with a requirement to consult before declaring him to be redundant, so that his employment would cease before he reached the age which would trigger a higher severance payment. The tribunal and EAT … Continue reading Woodcock v Cumbria Primary Care Trust: CA 22 Mar 2012
Citations: [1999] UKEAT 30 – 99 – 2403 Links: Bailii Jurisdiction: England and Wales Cited by: See Also – Thomas v Merton Racial Equality Council EAT 2-Mar-2000 . .See Also – London Borough of Merton v Thomas EAT 27-Mar-2001 . .See Also – London Borough of Merton v Thomas EAT 3-May-2002 EAT Jurisdiction EAT Contract … Continue reading Thomas v Merton Racial Equality Council: EAT 24 Mar 1999
EAT Jurisdictional Points : 2002 Act and Pre-Action Requirements – Working outside the jurisdiction – A claim for breach of contract under the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994 is within the scope of Regulation 15 of the Employment Act 2002 (Dispute Resolution) Regulations 2004 as the Order is listed in … Continue reading Shaw v B and W Group Ltd: EAT 25 Jan 2011
This appeal concerns the directly effective right of police officers under EU law to have the principle of equal treatment applied to them. The question raised is whether the enforcement of that right by means of proceedings in the Employment Tribunal is barred by the principle of judicial immunity, where the allegedly discriminatory conduct is … Continue reading P v Commissioner of Police of The Metropolis: SC 25 Oct 2017
The claimant was a non-white head teacher, alleging that her school governors and local authority had undermined and had ‘deliberately endorsed a targeted campaign of discrimination, bullying, harassment and victimisation’ against her as an Asian head teacher; and that the Council, ‘deliberately and unlawfully endorsed a targeted campaign of discrimination, bullying and harassment and victimisation … Continue reading Singh v Moorlands Primary School and Another: CA 25 Jul 2013
The plaintiff took her mink stole to the defendants for cleaning. An employee received and stole the fur. The judge had held that the defendants were not liable because the theft was not committed in the course of employment. Held: The defendants were liable. Bailment includes as an element an assumption of responsibility by the … Continue reading Morris v C W Martin and Sons Ltd: CA 1965
The parties had contracted to trade global depository notes issued by the Peruvian government. Each made mistakes as to their true value, thinking them scraps worth a few thousand dollars, whereas their true value was over $8m. On the defendant recognising their worth, they sought to sell and pocket the profit. The claimant sought restitutionary … Continue reading Lehman Brothers International (Europe) v Exotix Partners Llp: ChD 9 Sep 2019
The claimant alleged that she had been discrimated against in her work for the appellant, a member of the diplomatic staff at the Saudi Embassy in London. She now appealed against a decision that the respondent had diplomatic immunity. Held: The appeal was allowed: ‘the question whether the exception in article 31(1)(c) would have applied … Continue reading Reyes v Al-Malki and Another: SC 18 Oct 2017
EAT PRACTICE AND PROCEDURE – Appellate jurisdiction/reasons/Burns-BarkeAlthough this was a ‘narrative’ judgment sufficient substance could be extracted from the decision to demonstrate compliance with rule 30(6) of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004 SI No. 1861; Balfour Beatty Power Networks Ltd v Wilcox [2006] EWCA Civ 1240, [2007] IRLR 63, Greenwood … Continue reading Sivagnansundarum v Whipps Cross University Hospital NHS Trust: EAT 28 Jun 2011
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 … Continue reading Brook Street Bureau (UK) Ltd v Dacas: CA 5 Mar 2004
EAT Contract of Employment – Definition of employee Judges: His Hon Judge Birtles Citations: [2003] UKEAT 0065 – 03 – 0807, EAT/65/03 Links: Bailii, EAT Jurisdiction: England and Wales Citing: See Also – Billany v Knutsford Conservative Club EAT 28-Jan-2002 . . See Also – Billany v Knutsford Conservative Club EAT 30-Apr-2002 EAT Contract of … Continue reading Billany v Knutsford Conservative Club: EAT 8 Jul 2003
EAT PRACTICE AND PROCEDURE – New evidence on appealUNFAIR DISMISSAL – CompensationCONTRACT OF EMPLOYMENT – Written particularsAdmitting fresh evidence on appeal which ought to have been admitted by Employment Tribunal on review. It related to a matter not in issue at the original hearing but adjudicated on by Employment Tribunal. As a result of the … Continue reading World of Home Improvements Ltd v J Cooper-Frewer: EAT 24 Feb 2011
EAT PRACTICE AND PROCEDURE – Striking-out/dismissal In April 2009, the Claimant, who was then 77 years of age, was employed by the Respondent, when he was laid off without pay. While still being employed by the Respondent he submitted an ET1 alleging he had been laid off. By a judgment of Employment Judge Salter (‘the … Continue reading Foster v Bon Groundwork Ltd: EAT 17 Mar 2011
Grand Chamber – The first applicant said he had been injured by a shot fired by a British soldier who had been carried for two miles into the Republic of Ireland, clinging to the applicant’s vehicle following an incident at a checkpoint. Held: Rules granting the State immunities, did not infringe the applicants’ right to … Continue reading McElhinney v Ireland; Al-Adsani v United Kingdom; Fogarty v United Kingdom: ECHR 21 Nov 2001
EAT JURISDICTIONAL POINTS – 2002 Act and pre-action requirementsA grievance for the purposes of the now repealed section 32 Employment Act 2002 could be constituted by a letter incorporating the particulars of complaint in a previously lodged ET1 in other proceedings. Gibbs t/a Jarlands Financial Services v Harris UKEAT/0023/07 distinguished. The inclusion of other issues … Continue reading Raithatha v Leicester City Council: EAT 7 Oct 2010
EAT JURISDICTIONAL POINTS – 2002 Act and pre-action requirements EQUAL PAY ACT Equal Pay. Statutory grievance procedure (standard procedure). Where comparators in ET1 different from comparators specified in earlier grievances and some forms ET1 contained some ‘equal value’ claims by reference to comparators who were not said to do work of equal value in grievances … Continue reading West Dunbartonshire Council v Smith and Others: EAT 13 Jan 2011
Companies restored to the register, and the personal representatives of former employees, appealed against rejection of their claims from the insurers of the former companies for damages from mesothelioma following exposure to asbestos during employment. The court had held that the claims arose on exposure to the asbestos, and not at the point where symptoms … Continue reading Employers’ Liability Insurance ‘Trigger’ Litigation, Re: CA 8 Oct 2010
EAT UNFAIR DISMISSAL – Reason for dismissal including substantial other reason JURISDICTIONAL POINTS – 2002 Act and pre-action requirements On remission of this unfair dismissal case, a second Tribunal found the reason for dismissal was loss of andpound;3000 in cash. But the evidence from the manager who dismissed the Claimant was that she believed she … Continue reading Celebi v Scolarest Compass Group UK and Ireland Ltd: EAT 28 Jul 2010
EAT UNLAWFUL DEDUCTION FROM WAGESThe Claimant (who was a dentist) entered into a contract to provide dental services for the Respondent. The Employment Tribunal found that he was not an ’employee’ within the meaning of section 230(3) of the Employment Rights Act 1996 but that he was a ‘worker’ within the meaning of that provision. … Continue reading Community Dental Centres Ltd v Sultan- Darmon: EAT 12 Aug 2010
EAT JURISDICTION: 2002 Act and pre-action requirements The ‘substance of the tribunal complaint’ in Regulation 15(2) of the Employment Act 2002 (Dispute Resolution) Regulations 2004 should be broadly construed; such an interpretation is consistent with the judgment of the Court of Appeal in Harris v Towergate London Market Limited [2008] IRLR 537 and the judgments … Continue reading Mbog v Whitbread Group Plc: EAT 5 May 2010
EAT UNFAIR DISMISSAL Reasonableness of dismissal S.98A(2) ERA Although the ET correctly directed itself as to the law it inadmissibly substituted its own view of the facts for those of the Employer and failed to consider the evidence as a whole but examined the allegations of misconduct against the Claimant separately and in isolation from … Continue reading Milton Keynes General NHS Trust v Southcote-Want: EAT 23 Apr 2010
ECJ The principle that men and women should receive equal pay, which is laid down by article 119, is one of the foundations of the community. It may be relied on before the national courts. These courts have a duty to ensure the protection of the rights which that provision vests in individuals, in particular … Continue reading Defrenne v Sabena (No 2): ECJ 8 Apr 1976
The court was asked: ‘Was it unlawful for the Secretary of State for Health, the respondent, who had power to make provisions for the functioning of the National Health Service in England, to have failed to make a provision which would have enabled women who were citizens of the UK, but who were usually resident … Continue reading A and B, Regina (on The Application of) v Secretary of State for Health: SC 14 Jun 2017
EAT STATUTORY DISCIPLINE AND GRIEVANCE PROCEDURESWhether infringedImpact on compensationUNFAIR DISMISSALCompensationMitigation of lossThe principal issues in the appeal concerned the now repealed statutory dismissal procedure in Employment Act 2002 Schedule 2 Part 1 Chapter 1.The Employment Tribunal did not err in holding that the employer was in breach of the statutory dismissal procedure by failing to … Continue reading West Hertfordshire Hospitals NHS Trust v Evans: EAT 19 Aug 2010
EAT JURISDICTIONAL POINTS:2002 Act and Pre-Action RequirementsClaim in Time and Effective Date of TerminationExtension of Time: Reasonably PracticableThe Tribunal at a pre-hearing review erred in law in holding that the Appellant was barred by section 32(2) from bringing (1) certain complaints of racial harassment and (2) a specific complaint concerning one particular individual employee. The … Continue reading Fullerton v Interights International Centre for The Legal Protection of Human Rights: EAT 19 Feb 2010
EAT PRACTICE AND PROCEDURE: PerversityRACE DISCRIMINATION: Direct / IndirectThe appeal of an unsuccessful Claimant on perversity grounds against the dismissal of his claims for discrimination on the grounds of race and victimisation failed on the facts.The First Respondent, an Education Authority was entitled to decline to give a substantive answer to a letter seeking advice … Continue reading Abiola v North Yorkshire County Council and Others: EAT 7 Jan 2010
EAT Practice and Procedure – Estoppel or Abuse of Process. Judges: His Honour Judge Richardson Citations: [2006] UKEAT 0688 – 05 – 1910, UKEAT/0688/05 Links: Bailii, EAT Jurisdiction: England and Wales Citing: See Also – Sivanandan v London Borough of Enfield EAT 1-May-1998 . . See Also – Sivanandan v London Borough of Enfield and … Continue reading Sivanandan v London Borough of Enfield: EAT 19 Oct 2006
Preliminary hearing. Judges: Charles J Citations: [2001] UKEAT 30 – 01 – 1105 Links: Bailii Jurisdiction: England and Wales Citing: See Also – Grant v Kent County Council EAT 18-Feb-2002 EAT Contract of Employment – Breach of Contract . . See Also – Grant v Kent County Council EAT 3-Apr-2000 Interlocutory and preliminary hearing – … Continue reading Grant v Kent County Council: EAT 11 May 2001
The teacher appellants challenged the quantification of deductions from their salaries after engaging in lawful strike days. Held: The appeal as allowed. The correct approach under section 2 to a case like this, where the contract is an annual contract, is to hold that the salary must be apportioned on a calendar day basis over … Continue reading Hartley and Others v King Edward VI College: SC 24 May 2017
Law of vicarious liability is on the move Former children at the children’s homes had sought damages for sexual and physical abuse. The court heard arguments as to the vicarious liability of the Society for abuse caused by a parish priest visiting the school. The Court of Appeal had found some defendants (school management trust) … Continue reading The Catholic Child Welfare Society and Others v Various Claimants and The Institute of The Brothers of The Christian Schools and Others: SC 21 Nov 2012
A school board employed staff to manage a residential school for vulnerable children. The staff committed sexual abuse of the children. The school denied vicarious liability for the acts of the teachers. Held: ‘Vicarious liability is legal responsibility imposed on an employer, although he is himself free from blame, for a tort committed by his … Continue reading Lister and Others v Hesley Hall Ltd: HL 3 May 2001
PC (Jamaica) The claimant had been queuing for some time to make an overseas phone call at the Post Office. Eventually his turn came, he picked up the phone and dialled. Suddenly a man intervened, announced ‘police’ and demanded the phone. The man was in fact a police officer. The officer added that he wanted … Continue reading Bernard v The Attorney General of Jamaica: PC 7 Oct 2004
The court was asked as to the interrelationship of the statutory schemes relating to the protection of employees’ pensions and to corporate insolvency. Held: Liabilities which arose from financial support directions or contribution notices issued by the Pensions Regulator under the 2004 Act after the company had gone into administration, which required the company to … Continue reading In re Nortel Companies and Others: SC 24 Jul 2013
Interlocutory and preliminary hearing – complaint of unfair dismissal and breach of contract. Judges: Lindsay J P Citations: [2000] UKEAT 1449 – 99 – 0304 Links: Bailii Jurisdiction: England and Wales Cited by: See Also – Grant v Kent County Council EAT 1-May-2003 EAT Unfair Dismissal – Reason for dismissal . .See Also – Grant … Continue reading Grant v Kent County Council: EAT 3 Apr 2000
The claimant journalist sought disclosure of papers acquired by the respondent in its conduct of enquiries into the charitable Mariam appeal. The Commission referred to an absolute exemption under section 32(2) of the 2000 Act, saying that the exemption continued until the papers were destroyed, or for 20 years under the 1958 Act. Held: The … Continue reading Kennedy v The Charity Commission: SC 26 Mar 2014
HH Judge Clark: said this by reference to the expression ‘from day to day’ in section 2: ‘Accordingly the real question is what is meant by the expression ‘from day to day’ in section 2 of the Act. In our view it can only be calendar days and not working days.’ Judges: HH Judge Clark … Continue reading Thames Water Utilities v Reynolds: EAT 22 Nov 1995
The plaintiff was a manager within the social services department. He suffered a mental breakdown in 1986, and had four months off work. His employers had refused to provide the increased support he requested. He had returned to work, but again, did not receive the staff or guidance to allow him to do the work … Continue reading Walker v Northumberland County Council: QBD 16 Nov 1994
The action was for arrears of rent. The evidence at trial was that the plaintiff granted a lease to the defendant at a rent of pounds 1200 and contracted that certain services in connection with the flat would be performed. The plaintiff sent the defendant two documents. One was a lease with the benefit of … Continue reading Alexander v Rayson: CA 1936
EAT PRACTICE AND PROCEDURE – AmendmentJURISDICTIONAL POINTS – 2002 Act and pre-action requirementsJudge refused permission to Claimant to amend claim form to include claim under s. 103A of Employment Rights Act 1996Held that Judge erred in law by failing properly to analyse the extent to which the proposed amendment would extend the scope of the … Continue reading Evershed v New Star Asset Management: EAT 31 Jul 2009
EAT EQUAL PAY ACT: Case ManagementJURISDICTIONAL POINTS: 2002 Act and pre-action requirementsEqual pay claims. Statutory grievance procedures. Claimants conceding that respondents did not require to raise the issue of their compliance with section 32(2) to (4) of the Employment Act 2002 in their form ET3 at the stage of entering appearance but contending that they … Continue reading Glasgow City Council v Stefan Cross Claimants and Others: EAT 17 Jun 2009
EAT JURISDICTIONAL POINTS: 2002 Act and pre-action requirementsA teacher was given notice to terminate her limited-term contract of employment before a meeting to discuss it. The Employment Tribunal correctly found this was a breach of the 2002 Act regime and automatically unfair contrary to Employment Rights Act 1996 s98A. The correct sequence is this: the … Continue reading Birdwell Primary School v Fitzgerald: EAT 28 May 2009
The relevant date for determining whether discrimination exists is the date of the alleged discrimination. Judges: Lord Johnston Citations: [2000] UKEAT 645 – 00 – 0111, [2002] ICR 729 Links: Bailii Statutes: Disability Discrimination Act 1995 Jurisdiction: England and Wales Cited by: See Also – Cruickshank v VAW Motorcast Ltd EAT 25-Oct-2001 The point of … Continue reading Cruickshank v VAW Motorcast Ltd: EAT 1 Nov 2000
EAT The company decided to close two branches and make redundancies. They presented the closure itself as a fait accompli to the union representatives. The Tribunal found that this involved a failure to consult about ways of avoiding redundancies because the decision to close had been determined prior to any meeting with the union. Held: … Continue reading Securicor Omega Express Ltd v GMB (A Trade Union): EAT 7 Apr 2003
The EAT considered the effect of an employer’s failure to comply with the statutory procedures in a redundancy. Held: ‘there is an automatically unfair dismissal where there is a failure fully to comply with any relevant statutory procedure. Compliance with the statutory procedure does not, however, mean that the dismissal is necessarily fair or cannot … Continue reading Alexander and Hathersley v Bridgen Enterprises Ltd: EAT 29 Mar 2006
A contractor was taken on to clean offices and was given keys. A cleaner made expensive international telephone calls. Held: The appeal succeeded. The contractor was not vicariously liable for his employee’s acts. There had to be shown some connection beyond opportunity between the servant’s tortious or criminal act and the circumstances of his employment … Continue reading Heasmans v Clarity Cleaning Co: CA 1987
EAT UNFAIR DISMISSAL: Constructive dismissalWhether fundamental breach of implied term of trust and confidence cured, so that the Claimant’s resignation did not amount to constructive dismissal.Whether the range of reasonable responses test has any place in the question as to whether an employee has been constructively dismissed. Fairbrother and Claridge considered and not followed.General observations … Continue reading Bournemouth University Higher Education Corp v Buckland: EAT 8 May 2009
The employee’s union had written to the employer to say that the employee had a claim for back pay under the 1970 Act. The employer appealed a finding that this was sufficient to launch the claim. Held: The appeal failed. It was wrong to interpret such requirements too technically so as to give rise to … Continue reading Suffolk Mental Health Partnership NHS Trust v Hurst and Others: CA 7 Apr 2009
Compensation for non-economic loss brought about by the manner of an unfair dismissal is, on authority and on principle, recoverable. The award of such compensation by the employment tribunal in the present case was not excessive and was adequately explained. The court could look to parliamentary reports to identify the mischief sought to be rectified, … Continue reading Dunnachie v Kingston Upon Hull City Council: CA 11 Feb 2004
PRACTICE and PROCEDURE Estoppel, Abuse of Process, Strike Out Dismissing the first ground of appeal. The ET was considering whether to strike out a claim. It took account of conclusions reached in a previous ET judgment (in a case between the Claimant and one of the Respondents) on retention of a laptop by the Claimant. … Continue reading Edey v London Borough of Lambeth and Another: EAT 6 Jul 2022
The defendant newspaper appealed summary judgment against it for breach of confidence and copyright infringement having published the claimant’s journals which he said were private. Held: Upheld, although the judge had given insufficient weight to the fact that the information was received under an express obligation of confidence. The court recognised that a duty of … Continue reading Associated Newspapers Ltd v Prince of Wales: CA 21 Dec 2006
A Directive was belatedly transposed into national law and after the date by which it ought to have been implemented. The question arose whether the obligation to interpret national law in accordance with the Directive existed from the date the Directive was published, or the date by which it had to be transposed into national … Continue reading Adeneler and Others v Ellinikos Organismos Galaktos: ECJ 4 Jul 2006
EAT Practice and Procedure The issue was whether the modified grievance procedure had been satisfied in relation to a claim for larger payments when no specific mention of such payment had been made in any of the grievance documentation. A grievance letter was to be interpreted in an unsophisticated and more technical way and it … Continue reading European Credit Management Ltd v Hosso: EAT 12 Aug 2008
EAT UNFAIR DISMISSAL: Constructive dismissal The Employment Tribunal held the employee had not been constructively dismissed. One of the complaints related to defects in the handling of the grievance procedure. The Tribunal held that they considered that the employers had acted unreasonably, but that applying the principle adopted in Abbey National plc v Fairbrother [2007] … Continue reading Claridge v Daler Rowney Ltd: EAT 4 Jul 2008
Citations: [2008] ScotCS CSIH – 38 Links: Bailii Citing: Cited – D Holc-Gale v Makers UK Ltd EAT 30-Nov-2005 EAT Practice and Procedure – 2002 Act and pre-action requirements. Regulation 14 2004 Regulations; excluding discrimination Questionnaires from definition of statutory grievance. When failure to comply with SGP . . Cited – Shergold v Fieldway Medical … Continue reading Cannop and others v Brown and others: SCS 11 Jun 2008
NIIT The decision of the tribunal is that:-(1) The claimant’s claims of discrimination on the grounds of disability and breach of contract are dismissed, following withdrawal made orally to the tribunal.(2) The claimant is not entitled to present her claim of sex discrimination to the tribunal, in view of the provisions of Article 19(2) of … Continue reading Dunn v Chief Constable of PSNI: NIIT 11 Dec 2007
EAT DISABILITY DISCRIMINATION TRADE UNION RIGHTSWhere the ET relied, crucially on material in coming to its decision which did not form part of the explicitly pleaded case with which the appellant’s relevant witness had not been given the opportunity in evidence to deal, the conclusions of the ET could not stand and the matter had … Continue reading Bascetta v Abbey National Plc: EAT 20 Feb 2009
EAT PRACTICE AND PROCEDURE: CompromiseAppeal from an Employment Judge who held that the Claimant could not pursue his claims by reason of a Compromise Agreement and that the Respondent was entitled to refuse to pay the termination payment under the Compromise Agreement because of the Claimant’s fundamental breach. The Claimant sought to argue a variation … Continue reading Stanley v Capital Law Llp: EAT 3 Apr 2009
Practice and Procedure 2002 Act and pre-action requirements Chairman wrong in holding that there was a valid grievance letter. The context mentioned by Elias J in Canary Wharf could not include a meeting after the alleged grievance document. Judges: Ansell J Citations: [2007] UKEAT 0211 – 07 – 2308 Links: Bailii Employment Updated: 12 July … Continue reading Dick Lovett Ltd (T/A Porsche Centre Swindon) v Evans: EAT 23 Aug 2007
EAT PART TIME WORKERSA police officer was found by the Tribunal to be significantly disadvantaged compared with his peers when carrying out examinations for promotion. Nonetheless, the Tribunal held that he was not disabled within the meaning of the Disability Discrimination Act 1995 because that was not a normal day-to-day activity. In so far as … Continue reading Paterson v Commissioner of Police of the Metropolis: EAT 23 Jul 2007
EAT Practice and Procedure – 2002 Act and pre-action requirements.The employee alleged that she had been discriminated against on racial grounds with respect to the two acts occurring in the course of disciplinary procedures, and her dismissal. The Tribunal found that the statutory grievance procedures had not been complied with in relation to these matters. … Continue reading Otaiku v Rotherham Primary Care NHS Trust: EAT 3 Jul 2007
EAT Unfair dismissal – Procedural fairness/automatically unfair dismissal The Employment Tribunal found as a fact that employee was not provided with the Employment Act 2002 Schedule 2 Part 1 Step 2 information but went on to hold that s.98A ERA 1996 was not applicable. Judges: His Honour Judge Birtles Citations: [2007] UKEAT 0032 – 07 … Continue reading Bowen v Millbank Estate Management Organisation: EAT 23 Mar 2007
EAT Practice and Procedure – 2002 Act and Pre-action Requirements Has the Claimant complied with Step 1 of the statutory grievance procedure where he presents his complaint at a meeting with his line manager who notes it down, it is accepted, accurately and contemporaneously? Employment Tribunal decided that he had. Appeal, given the particular facts … Continue reading Kennedy Scott Ltd v Francis: EAT 3 May 2007
The claimants had been detained under the 1971 Act, after completing sentences of imprisonment pending their return to their home countries under deportations recommended by the judges at trial, or chosen by the respondent. They challenged as unlawful the respondent’s, at first unpublished, policy introduced in 2006, that by default, those awaiting deportation should be … Continue reading Lumba (WL) v Secretary of State for The Home Department: SC 23 Mar 2011
EAT Equal Pay Act – Part time pensions Practice and Procedure – Appellate jurisdiction/Reasons/Burns-Barke The EAT exercised its discretion to allow a point conceded at the Employment Tribunal to be reopened on appeal. The exceptional circumstances included the fact that the issue went to jurisdiction, these were four test cases representing 120 similar concessions in … Continue reading Secretary of State for Health v Rance: EAT 4 May 2007
EAT Transfer of Undertakings – pensions and other termsThe Claimant started to work for the transferor in 1999 where there was no severance pay scheme. She transferred to the Appellant in 2004 where there is a dual scheme providing different benefits to those who ‘joined’ before and after 2002, each increasing with length of service. … Continue reading Computershare Investor Services Plc v Jackson: EAT 15 Dec 2006
EAT Practice and Procedure – Amendment; 2002 Act and Pre-action RequirementsWhether actual dismissal effectively withdrawn by employer during internal appeal process; whether Claimant should have permission to amend ET1 to add alternative claim of constructive (unfair) dismissal. Consideration of regs 6, 15 DR Regs. Application of Selkent principles. Judges: His Honour Judge Peter Clark Citations: … Continue reading Brock v Minerva Dental Ltd: EAT 15 Dec 2006
The claimant appealed against adverse findings on her claims of sex discrimination. The court considered questions arising from the provisions relating to the transfer of the burden of proof in a discrimination case. Held: Questions of the burden of proof are very common in discrimination cases: ‘The factual content of the cases does not simply … Continue reading Madarassy v Nomura International Plc: CA 26 Jan 2007
EAT The employee was the practice manager at a general medical practice. She was dismissed for dishonesty, taking unauthorised pay for overtime hours. She alleged that she had been told by the former practice manager that she should do so, but the Tribunal found that she did not raise this with any of the doctors.The … Continue reading Kelly-Madden v Manor Surgery: EAT 19 Oct 2006
EAT The Claimant, a director of the Respondent, was dismissed for gross misconduct. There were grounds upon which the Respondent could reasonably have treated his conduct as justifying immediate dismissal for a fair reason within the meaning of section 98 of the Employment Rights Act 1996. However the ET found that the true reason for … Continue reading East Lancashire Coachbuilders v Hilton: EAT 24 Aug 2006
Civil servants had been transferred to a private company. At first they worked under secondment from the civil service. They asserted that they had protection under TUPE and the Acquired Rights Directive. The respondent said that there had only been a transfer over time, so as to diminish their periods of continuous employment. The matter … Continue reading North Wales Training and Enterprise Council Ltd v Astley and others: HL 21 Jun 2006
The employer appealed against findings of unfair dismissal and disability discrimination. The employee worked in IT. He was profoundly deaf, but could lip read and read sign language. He had been accused of obtaining improper access to a senior staff member’s emails. During the disciplinary hearing, he had been assisted by an interpreter for part … Continue reading Taylor v OCS Group Ltd: CA 31 May 2006
EAT Unfair Dismissal The Appellant was dismissed for alleged gross misconduct. The Employment Tribunal held that his ET1 was presented one day late and that it was reasonably practicable to have presented it in time. They rejected his claim to be entitled to an extension of time under Rule 15 of the Dispute Regulations 2004 … Continue reading Van Dieren v Edwards and others: EAT 23 Mar 2006
The claimants sought damages after contracting meselothemia working for the defendants. The defendants argued that the claimants had possibly contracted the disease at any one or more different places. The Fairchild case set up an exception to the rule, so that the defendants could be liable for all the losses despite the fact that others … Continue reading Barker v Corus (UK) Plc: HL 3 May 2006
IPO The opponent in these proceedings claims to have used the mark ZAM-BUK for ten years prior to the filing of the application in suit. The background to the proceedings is as follows. ZAM-BUK is a traditional antiseptic ointment which was made and sold in the UK for over 100 years. The product was made … Continue reading Zam-Buk Series of 6 (Trade Mark: Opposition): IPO 21 Oct 2008
The reason adduced by the union for the dismissal of the climant was found by the Tribunal on the facts not to be the true reason for dismissal, the true reason being the union executive committee’s political antipathy to Mr Brady. Held: It was highly arguable that a finding that disciplinary proceedings had been commenced … Continue reading Associated Society of Locomotive Engineers and Firemen v Brady: EAT 31 Mar 2006
The claimant had been dismissed shortly after becoming unable to work. She sought payment of her normal salary during the period of notice saying this was established good practice. Held: ‘We are put in the invidious position of being bound by a Court of Appeal decision which seems to the majority to conflict with a … Continue reading Langley and Another v Burso: EAT 3 Mar 2006
EAT Practice and Procedure – striking-out/dismissal Grievance procedures. Were they complied with? Held not to be in the circumstances of this case. Observations on what counts as compliance and how Employment Tribunal should approach the question whether a grievance has been made about a relevant complaint.Elias P said: ‘It seems to me that the objective … Continue reading Canary Wharf Management Limited v Edebi: EAT 3 Mar 2006
EAT Practice and Procedure – 2002 Act and pre-action requirements – Statutory disciplinary procedure – internal appeal – reasonable grounds for belief, Regulation 15(2), 2004 Regulations. Solicitor’s letter before action not raising appeal. Immaterial that employer had no appeal procedure. Judges: His Honour Judge Peter Clark Citations: [2005] UKEAT 0638 – 05 – 2112, UKEAT/0638/05 … Continue reading Piscitelli v Zilli Fish Ltd: EAT 21 Dec 2005
EAT Practice and Procedure: Appearance/Response, Review and Appellate Jurisdiction/Burns-Barke When a Respondent has been debarred from taking part in proceedings under ET Rule 9, he may request Reasons from the ET for the purpose of an application for review, but not for any other purpose (and, consequently, at least pending any legislative change to Rule … Continue reading NSM Music Ltd v J H Leefe: EAT 14 Dec 2005
The defendants requested the judge to recuse himself because one witness was well known to the judge. He declined, saying that arrangements had been made for him not to be called. The defendant appealed. Held: There was no allegation of actual bias, only the risk of apparent bias. The judge should have stood down. The … Continue reading Morrison and Another v AWG Group Ltd and Another: CA 20 Jan 2006
The will was executed anticipating the marriage to the respondent, leaving assets on discretionary trusts for the responent and various family members and others. She had come to work for the deceased as his housekeeper, but later they came to marry. The marriage took place about one year before the death. Held: ‘in relation to … Continue reading Fielden, Graham (Executors of Cunliffe deceased) v Cunliffe: CA 6 Dec 2005
Serious abuse was said to have been inflicted by monks of the De La Salle order on those in their charge at an approved school in Scotland. The former pupil claimant contended that the SED owed him a non-delegable duty which entitled him to financial redress for his suffering. Held: The case could not be … Continue reading AM v Reverend Joseph Hendron and others: OHCS 13 Sep 2005
The club regulated greyhound racing. The claimant had complained that its disciplinary proceedings had been conducted unfairly. He said that a panel member had an interest as veterinary surgeon in the proceedings at the stadium at which the alleged offence occurred. Held: The appeal by the club succeeded. No bias whether real or apparent had … Continue reading Flaherty v National Greyhound Racing Club Ltd: CA 14 Sep 2005
