The EAT gave guidance on the approach to be adopted in cases where a mental impairment is alleged by a complainant. After referring to paragraph 1 of Schedule 1 of the Act: ‘Accordingly, in general there will be three or possibly four routes to establishing the existence of ‘mental impairment’ within the [1995 Act], namely: … Continue reading Morgan v Staffordshire University: EAT 11 Dec 2001
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 Claim for unfair (constructive) dismissal, breach of contract and failure to inform and consult contrary to TUPE Regulations. Prior to instituting the tribunal claim, the claimant’s solicitor had sent a letter to the respondents detailing the ways in which it was alleged that they had breached the claimant’s contract of employment and failed to … Continue reading Arnold Clark Automobiles Ltd v Stewart, Barnetts Motor Group Ltd: EAT 20 Dec 2005
The claimants were dependants of Iraqi nationals killed in Iraq. Held: The Military Police were operating when Britain was an occupying power. The question in each case was whether the Human Rights Act applied to the acts of the defendant. The question amounted to whether the officers acted under State Agent Authority within the convention … Continue reading Regina (on the Application of Mazin Mumaa Galteh Al-Skeini and Others) v The Secretary of State for Defence: CA 21 Dec 2005
The chambers appealed a finding of discrimination, saying that a pupil was not a member of the set so as to qualify under the Act. Held: The barristers set or chambers was a trade organisation, but the position of a pupil barrister was not that of a member of that chambers so as to attract … Continue reading 1 Pump Court Chambers v Horton: EAT 2 Dec 2003
The court set out the proper approach to an application for leave to amend an originating application before the Employment Tribunal. Judges: The Honerable Mr Justice Maurice Kay Lord Justice Waller Lord Justice Chadwick Citations: [2004] EWCA Civ 1363, [2005] IRLR 201 Links: Bailii Jurisdiction: England and Wales Citing: Appeal from – Office of National … Continue reading Ali v Office of National Statistics: CA 21 Oct 2004
Liability had been conceded by the defendant in the personal injury claim, but the defendant now appealed against the order that it should recover only 75% of its costs incurred after the date of a Part 36 payment made by it. The claimant claimed some andpound;68,000 for past losses and some andpound;232,000 for future loss … Continue reading Molloy v Shell UK Ltd: CA 6 Jul 2001
The applicant questioned the compatibility of s185 of the 1996 Act with Human Rights law. The family sought emergency housing. The child of the family, found to be in priority housing need, was subject also to immigration control. Though the matter had been settled the court was invited to pursue the decision. Held: The Act … Continue reading Morris, Regina (on the Application of) v Westminster City Council and Another: Admn 7 Oct 2004
The Union complained of inadequate consultation by the company on its making redundancies, and now appealed form a decision that the section had not been breached. Judges: Lindsay J P Citations: [2001] UKEAT 1371 – 99 – 1902, [2002] ICR 1365, [2002] IRLR 324, [2002] 2 CMLR 27, [2002] Emp LR 767 Links: Bailii Statutes: … Continue reading MSF v Refuge Assurance Plc and Another: EAT 19 Feb 2001
In a protected disclosure case, time runs from the occurrence of the alleged detriment and not from the alleged disclosure.Lord Nimmo Smith said: ‘It would appear to us to be consistent with the main purpose of the 1998 Act to approach the matter in this way, as to construe it in the manner suggested by … Continue reading Stolt Offshore Ltd v Miklaszewicz: SCS 21 Dec 2001
The applicant had been an employee of the objector at their nightclub ‘Chinawhite’ and whose principal attraction was a cocktail of the same name. Employees signed a confidentiality agreement as to the recipe. Having left the employment, the appellant set up a company with a similar name and applied for the mark ‘CHINA WHITE’. The … Continue reading Harrison v Teton Valley Trading Co; Harrison’s Trade Mark Application (CHINAWHITE): CA 27 Jul 2004
EAT Practice and Procedure – Appearance Judges: His Hon Judge Ansell Citations: UKEAT/670/03, [2003] UKEAT 0670 – 03 – 1812 Links: Bailii, EATn Jurisdiction: England and Wales Citing: Cited – Reid Minty (a firm) v Taylor CA 2002 New CPR govern Indemnity Costs awardsThe defendant had successfully defended the main claim and now appealed against … Continue reading Vaidyanathan v Milton Keynes Council: EAT 25 Nov 2003
EAT Practice and Procedure – Striking-out/dismissal.Burton J said: ‘It is thus necessary in a claim under section 47B to show that the fact that the protected disclosure had been made caused or influenced the employer to act (or not act) in the way complained of: merely to show that ‘but for’ the act or omission … Continue reading Knight v London Borough of Harrow: EAT 29 Oct 2003
EAT The claimant had presented claims of sex and disability discrimination and victimisation. She suffered injury to her throat when builders demolished a wall near her workstation. Held: The employer’s appeal was dismissed. ‘There must be many cases in which the disabled person has been placed at a substantial disadvantage in the workplace, but in … Continue reading Mid-Staffordshire General Hospitals NHS Trust v Cambridge: EAT 4 Mar 2003
The pupil had been excluded from school but then ordered to be re-instated. The teachers, through their union, refused to teach him claiming that he was disruptive. The claimant appealed a refusal of an injunction. The injunction had been refused on the basis that this was an employment dispute. The union had failed successfully to … Continue reading In re P (a minor by his mother and litigation friend); P v National Association of Schoolmasters/Union of Women Teachers: HL 27 Feb 2003
The Chief Constable appealed against a refusal to strike out a claim by the respondent that he had racially discriminated against her. Force members had used code words for racially abusive terms about her. The claim was that he was vicariously liable for the acts of his Force members. Liability was asserted against the chief … Continue reading Chief Constable of Bedfordshire Police v Liversidge: EAT 21 Sep 2001
The Lord Chancellor’s action in appointing to a special adviser’s post someone he already knew and trusted, without first advertising the post openly, was not an act of sex or race discrimination. Had they applied, they would not have been appointed because they were not personally known to the Lord Chancellor. In practice a post … Continue reading Coker and Osamor v The Lord Chancellor and the Lord Chancellor’s Department: CA 22 Nov 2001
The council sought to make redundancies because of its financial circumstances following re-organisation. The employees said the consultation procedure had been a sham. Held: Fair consultation involves giving the body consulted a fair and proper opportunity to understand fully the matters about which it is being consulted, and to express its views on those subjects, … Continue reading Middlesbrough Borough Council v TGWU Unison: EAT 4 May 2001
EAT Unfair Dismissal – Constructive dismissalConstructive dismissal case – Appeal based on alleged non-compliance by employee with s.32 (2) of 2002 Act by reason of failure to lodge a grievance in relation to the matters relied on as entitling him to resign – Appeal dismissed because (1) grievance held, on its true construction, to be … Continue reading DMC Business Machines Plc v Plummer: EAT 21 Dec 2006
The respondent appealed an award of pounds 10.000 for damages for an act of direct race discrimination. The claimant, of Afro-Caribbean origin, had been subjected to a racist comment. Held: Translating hurt feelings into hard currency will always be an artificial exercise (Vento). The reasons for the award of aggravated damages were apparent from the … Continue reading British Telecommunications plc v Reid: CA 6 Oct 2003
The plaintiff tried to bring a second action in respect of an industrial injury claim outside the limitation period so as to overcome the likelihood that his first action, although timeous, would be dismissed for want of prosecution. Held: He could not do so. He was not prejudiced by the primary limitation period since he … Continue reading Walkley v Precision Forgings Ltd: HL 1979
The court discussed the authorities on the question of whether a managing director of a company was an employee or contractor. ‘Each of the decisions was given in cases where the context played a vital part in the conclusions arrived at.’ Judges: Lord Carmont Citations: [1941] SC 203 Jurisdiction: Scotland Cited by: Approved – Trussed … Continue reading Anderson v James Sutherland (Peterhead) Ltd: 1941
Limitation of Loss from Negligent Mis-statement The plaintiffs sought damages from accountants for negligence. They had acquired shares in a target company and, relying upon the published and audited accounts which overstated the company’s earnings, they purchased further shares. Held: The duties of an auditor are founded in contract and the extent of the duties … Continue reading Caparo Industries Plc v Dickman and others: HL 8 Feb 1990
Change in Doctors’ Information Obligations The pursuer claimed that her obstetrician had been negligent, after her son suffered severe injury at birth. The baby faced a birth with shoulder dystocia – the inability of the shoulders to pass through the pelvis. The consultant considered that a vaginal birth was preferable and did not given advice … Continue reading Montgomery v Lanarkshire Health Board: SC 11 Mar 2015
Presumption of Damage in Defamation is rebuttable The defendant complained that the presumption in English law that the victim of a libel had suffered damage was incompatible with his right to a fair trial. They said the statements complained of were repetitions of statements made by US authorities. The claimant had asserted that no more … Continue reading Dow Jones and Co Inc v Jameel: CA 3 Feb 2005
Statute’s Mischief May be Inspected The House considered limitations upon them in reading statements made in the Houses of Parliament when construing a statute. Held: It is rare that a statute can be properly interpreted without knowing the legislative object. The courts may look outside a statute in order to identify the ‘mischief’ Parliament was … Continue reading Black-Clawson International Ltd v Papierwerke Waldhof Aschaffenburg AG: HL 5 Mar 1975
PRACTICE AND PROCEDURE – Case management PRACTICE AND PROCEDURE – Appellate jurisdiction/reasons/Burns-Barke The argument that in cases involving a disabled person where an ET had failed to make a reasonable adjustment by extending the time for complying with a procedural (case management) Order or postponing or adjourning a hearing fell to be considered by the … Continue reading Leeks v Norfolk and Norwich University Hospital NHS Foundation Trust: EAT 27 Feb 2018
EAT Contract of Employment and Unfair DismissalConfidentiality of Complainants – need to inform employee of case against him. Application of HSBC v Madden; Sainsbury v Hitt. Range of reasonable responses. Appeal allowed. Whether Wrongful Dismissal finding should also be set aside Judges: His Honour Judge Peter Clark Citations: [2005] UKEAT 0326 – 05 – 2311, … Continue reading Surrey County Council v Henderson: EAT 3 Nov 2005
Reference to Parliamentary Papers behind Statute The inspector sought to tax the benefits in kind received by teachers at a private school in having their children educated at the school for free. Having agreed this was a taxable emolument, it was argued as to whether the taxable benefit was the cost to the employer, or … Continue reading Pepper (Inspector of Taxes) v Hart: HL 26 Nov 1992
Parents of children had falsely and negligently been accused of abusing their children. The children sought damages for negligence against the doctors or social workers who had made the statements supporting the actions taken. The House was asked if the suffering of psychiatric injury by the parent was a foreseeable result of making it and … Continue reading JD v East Berkshire Community Health NHS Trust and others: HL 21 Apr 2005
The court was asked whether it was lawful for the Secretary of State to make subordinate legislation imposing a cap on the amount of welfare benefits which can be received by claimants in non-working households, equivalent to the net median earnings of working households. The challenge was under the 1998 Act on the basis that … Continue reading SG and Others, Regina (on The Application of) v Secretary of State for Work and Pensions: SC 18 Mar 2015
The applicant was refused a grant of parental leave allowance in 1989. At that time parental leave allowance was available only to mothers. The applicant complained that this violated article 14 taken together with article 8. Held: The application was dismissed. the court noted that, as society moved towards a more equal sharing of responsibilities … Continue reading Petrovic v Austria: ECHR 27 Mar 1998
On Officer was subject to a claim for false imprisonment on an unlawful arrest, and it was asserted that the Watch Committee of the local authority were vicariously liable. The plaintiff pointed to his Oath of Office: ‘I . . . . . . . . . of . . . . . . . … Continue reading Fisher v Oldham Corporation: KBD 1930
EAT Unfair Dismissal Disability discrimination The Tribunal had found a dismissal to be unfair because of flaws in a grievance procedure, following which the Claimant had resigned. They also found that the Claimant, who suffered an obsessive compulsive disorder, was subjected to taunts that she would not have had inflicted on her if she had … Continue reading Abbey National Plc v Fairbrother: EAT 12 Jan 2007
EAT PRACTICE AND PROCEDURE – New evidence on appeal Tribunal holds that Appellant failed to lodge written grievance with employer and that it accordingly had no jurisdiction by reason of s32 of the Employment Act 2002 – Appellant seeks to adduce evidence of colleague not called at hearing proving receipt of grievance. Held – Appellant … Continue reading Adegbuji v Meteor Parking Ltd: EAT 21 Apr 2010
The applicant had soft tissue injuries around the spine as a consequence of a back injury at work. He was absent from work for a long time as a result of his injuries, and he was eventually dismissed when his medical advisers could provide no clear idea of when it would be possible for him … Continue reading Clark v TDG Limited (Trading As Novacold): CA 25 Mar 1999
Construction of selective employment tax Lord Reid, Lord Morris of Borth-Y-Gest, Lord Diplock, Lord Simon of Glaisdale, And, Lord Kilbrandon [1972] UKHL 8, [1972] 1 WLR 488, [1972] 1 All ER 1130, [1972] SLT 103, [1972] SC (HL) 1, (1972) 12 KIR 329 Bailii Finance Act 1966 44 Scotland Cited by: Cited – MSF v … Continue reading Lord Advocate v Babcock and Wilcox (Operations) Ltd: HL 15 Mar 1972
EAT JURISDICTIONAL POINTS: 2002 Act and pre-action requirementsThe Employment Judge erred in law in holding that the claims were barred by section 32(2) of the Employment Act 2002. [2009] UKEAT 0050 – 09 – 1203 Bailii Employment Act 2002 England and Wales Citing: Cited – Shergold v Fieldway Medical Centre EAT 5-Dec-2005 The claimant had … Continue reading Elhaeres v Chubb Security Personnel Ltd: EAT 12 Mar 2009
The parties had arbitrated their dispute in London under a bilateral investment treaty between the US and Ecuador. The republic sought to appeal the arbitration. The applicant now appealed an order that the English High Court had jurisdiction to hear the appeal. Held: The appeal was dismissed. The treaty was intended to encourage bilateral trading … Continue reading Occidental Exploration and Production Company vRepublic of Ecuador: CA 9 Sep 2005
EAT Employment Tribunal claim brought out of time because of Solicitor’s negligent advice. Application of British Coal Corporation -v- Keeble [1999] IRLR 337. His Hon Judge Mcmullen QC UKEAT/0851/03, [2004] UKEAT 0851 – 03 – 0704 Bailii, EATn England and Wales Citing: Cited – British Coal Corporation v Keeble and others EAT 26-Mar-1997 The employer … Continue reading Chohan v Derby Law Centre: EAT 2 Mar 2004
Former HL decision in Siebe Gorman overruled The company had become insolvent. The bank had a debenture and claimed that its charge over the book debts had become a fixed charge. The preferential creditors said that the charge was a floating charge and that they took priority. Held: The appeal was allowed. The debenture, although … Continue reading National Westminster Bank plc v Spectrum Plus Limited and others: HL 30 Jun 2005
The defendant had been convicted of robbery. He appealed, saying that a member of the jury was a neighbour to his brother, and there was therefore a risk of bias. This was of particular significance as the defendant was charged with conspiracy with that brother to commit burglaries. The juror had sworn an affidavit that … Continue reading Regina v Gough (Robert): HL 1993
Interim Injunctions in Patents Cases The plaintiffs brought proceedings for infringement of their patent. The proceedings were defended. The plaintiffs obtained an interim injunction to prevent the defendants infringing their patent, but they now appealed its discharge by the Court of Appeal. Held: The questions which applied when looking for an interim injunction in patent … Continue reading American Cyanamid Co v Ethicon Ltd: HL 5 Feb 1975
The innocent plaintiff buyers had been found to have failed to mitigate their damages because they had not accepted an offer from the defendant sellers (who were in breach of contract) to supply goods on cash terms, the contract having originally provided for sales on credit. the plaintiffs submitted that as a matter of law … Continue reading Payzu Limited v Saunders: CA 1919
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 … Continue reading BNP Paribas v A Mezzotero: EAT 30 Mar 2004
The question was whether the attendance and mobility allowances which were payable to the plaintiff pursuant to statute should be deducted from damages she had received for personal injury. Held: They should be. Damages for negligence are intended to be ‘purely compensatory’: it cannot be emphasised too often when considering the assessment of damages for … Continue reading Hodgson v Trapp: HL 10 Nov 1988
The council sought damages saying that their former chief executive had not disclosed her history of depressive illness when applying for her job. Held: The replies were not dishonest as the form could have been misconstrued. The claim failed. Hamblen J [2009] EWHC 1253 (QB) Bailii England and Wales Citing: Cited – Fowkes And Another, … Continue reading Cheltenham Borough Council v Laird: QBD 15 Jun 2009
Appeal against rejection of claim for personal injury. While working as the catering manager at HM Prison Swansea, the Claimant was injured in an accident caused by the negligence of a prisoner carrying out paid work under her supervision. The prisoner had dropped a large bag of rice on her whilst she was kneeling. The … Continue reading Cox v Ministry of Justice: CA 19 Feb 2014
Contract – Mutual Mistake Test Bell was director and chairman of Niger, a subsidiary of Lever Brothers Ltd who dismissed him, offering and paying pounds 30,000 compensation. Lever then discovered that Mr Bell had made secret profits at the expense of Niger for which he could have been summarily dismissed. Lever sought repayment of the … Continue reading Bell v Lever Brothers Ltd: HL 15 Dec 1931
The defendant company appealed against an order re-instating the claimants’ claims for damages for race discrimination and victimisation after they had been struck out for wilful disobedience of the tribunal’s orders. Held: When making a strike-out order, there were two cardinal conditions at least one of which must be met. Either the unreasonable conduct has … Continue reading Blockbuster Entertainment Ltd v James: CA 25 May 2006
At the outset of a Preliminary Hearing, the ELAAS representative raised concerns as to the Appellant’s litigation capacity. Adjourning the hearing on terms enabling the investigation of that issue, the EAT held that section 30(3) of the Employment Tribunals Act 1996 (‘the ETA’) provides the EAT with the power to regulate its own procedure, subject … Continue reading Stott v Leadec Ltd (Human Rights : Litigation Capacity): EAT 20 Feb 2020
The system under which the registered keeper of a vehicle was obliged to identify herself as the driver, and such admission was to be used subsequently as evidence against her on a charge of driving with excess alcohol, was not a breach of her right to a fair trial. The right not to give evidence … Continue reading Stott (Procurator Fiscal, Dunfermline) and Another v Brown: PC 5 Dec 2000
fraser_southwestEAT2011 EAT JURISDICTIONAL POINTS – 2002 Act and Pre-Action RequirementsWORKING TIME REGULATIONS – Holiday PayEmployee dismissed in October 2008 claims brings claims of, inter alia, (a) discrimination on grounds of age and disability and (b) unpaid statutory holiday pay in respect of the two previous leave years during which she had been away on long-term … Continue reading Fraser v Southwest London St George’s Mental Health Trust: EAT 3 Nov 2011
The claimant had submitted a grievance complaining in general terms of the way in which she had been treated by a manager. She did not, however, refer to a particular incident relied on in her pleading as one of the two ‘last straw’ incidents that led to her resignation. The respondent contended that by reason … Continue reading Shergold v Fieldway Medical Centre: EAT 5 Dec 2005
EAT EQUAL PAY ACT JURISDICTIONAL POINTS: Claim in time and effective date of termination The claimants alleged that their employer had been in breach of their rights under the Equal Pay Act 1970. They had been transferred pursuant to a TUPE transfer and claimed their equal pay rights some five years later. Their claims relied … Continue reading Sodexo Ltd v Gutridge and others: EAT 31 Jul 2008
The appellant had failed in his claim for indirect age discrimination. Approaching retirement, he complained that new conditions allowing advancement to graduates only, discriminated against him since he could not complete a degree before retiring. Held: The appeal succeeded, but the case was remitted to investigate whether the discrimination could be properly justified: ‘Part of … Continue reading Homer v Chief Constable of West Yorkshire Police: SC 25 Apr 2012
Same Sex Partner Entitled to tenancy Succession The protected tenant had died. His same-sex partner sought a statutory inheritance of the tenancy. Held: His appeal succeeded. The Fitzpatrick case referred to the position before the 1998 Act: ‘Discriminatory law undermines the rule of law because it is the antithesis of fairness. It brings the law … Continue reading Ghaidan v Godin-Mendoza: HL 21 Jun 2004
False Prospectus – Issuers liable in Deceit The directors of a company issued a prospectus, falsely stating that the proceeds were to be used to complete alterations to the buildings of the company, to purchase horses and vans and to develop the trade of the company. In fact it was to pay off pressing liabilities. … Continue reading Edgington v Fitzmaurice: CA 7 Mar 1885
Misfeasance in Public Office – Recklessness The bank sought to strike out the claim alleging misfeasance in public office in having failed to regulate the failed bank, BCCI. Held: Misfeasance in public office might occur not only when a company officer acted to injure a party, but also where he acted with knowledge of, or … Continue reading Three Rivers District Council and Others v Governor and Company of The Bank of England (No 3): HL 22 Mar 2001
The claimant challenged the terms of an enhanced Criminal Records Certificate issued by the defendant. He had been warned in 2002 for suspicion of theft of two cycles. The record had been stepped down in 2009, but then re-instated. He wished to enter a sports studies degree. Held: The application for review was unsuccessful. Parker … Continue reading T, Regina (on The Application of) v Greater Manchester Police and Another: Admn 9 Feb 2012
The respondent had made an order under the Regulations restricting all persons from dealing with the the claimant bank. The bank applied to have the order set aside. Though the defendant originally believed that the Iranian government owned 80% of the shares, the figure was 20% and soon to be reduced to 15%. It said … Continue reading Bank Mellat v HM Treasury: QBD 11 Jun 2010
The parties had a joint venture agreement which provided that any dispute was to be referred to an arbitrator from the Ismaili community. The claimant said that this method of appointment became void as a discriminatory provision under the 2003 Regulations. The High Court found the appointment to be outwith the provisions, but this was … Continue reading Jivraj v Hashwani: SC 27 Jul 2011
Each claimant sought damages for a criminal assault for which the defendant was said to be responsible. Each claim was to be out of the six year limitation period. In the first claim, the proposed defendant had since won a substantial sum from the National Lottery. They complained that the Limitation Act gave the court … Continue reading A v Hoare; H v Suffolk County Council, Secretary of State for Constitutional Affairs intervening; X and Y v London Borough of Wandsworth: CA 12 Apr 2006
abendshineEAT32012 EAT EQUAL PAY ACTS PRACTICE AND PROCEDURE – STRIKING OUT/DISMISSAL Insofar as claims made by employees relied on comparators who were other than those whom the employees had identified when setting out their grievances under the standard grievance procedure provided for by the Employment Act 2002, an ET struck them out. It considered (correctly, … Continue reading Abendshine and Others v Sunderland City Council: EAT 29 Feb 2012
The administrators gave employees of the company notice of termination of their employment. Then administrators refused consent under para 43(6) to actions against the company in the Northern Ireland Industrial Tribunal for protective awards, unfair dismissal, breach of contract and otherwise. The claims were issued anyway, and the administrators argued that they were a nullity, … Continue reading McCartney and Unite The Union and Another v Nortel Networks UK Ltd (In Administration): ChD 22 Apr 2010
Use of Special Counsel as Last Resort Only The accused faced charges of conspiring to supply Class A drugs. The prosecution had sought public interest immunity certificates. Special counsel had been appointed by the court to represent the defendants’ interests at the applications. Held: It was permissible to use special counsel, but this must genuinely … Continue reading Regina v H; Regina v C: HL 5 Feb 2004
(Grand Chamber) The claimant had been exposed to harmful chemicals whilst in the Army at Porton Down in 1953. He had wished to claim a service pension on the basis of the ensuing personal injury, but had been frustrated by many years of the defendant failing to provide records to allow the claim. The defendant … Continue reading Roche v The United Kingdom: ECHR 19 Oct 2005
The claimant had been employed by the defendant. They made him redundant. He claimed and enhanced payment saying that his emloyment was covered by a collective agreement, but when he refused to sign a compromise agreement, the company paid him only the statutory sums. He now appealed against a finding that the entitlement to the … Continue reading Garratt v Mirror Group Newspapers Ltd: CA 13 Apr 2011
PC (The British Virgin Islands) A police officer had taken the police revolver, and used it to shoot the claimant. It was alleged that the respondent police force were vicariously liable for his acts and also negligent in failing to dismiss the officer for earlier misbehaviour. Held: The officer’s activities once off duty and having … Continue reading The Attorney General v Hartwell: PC 23 Feb 2004
hmlr_grantEAT10 EAT SEXUAL ORIENTATION DISCRIMINATION/TRANSEXUALISMHARASSMENT – ConductPRACTICE AND PROCEDURE – Appellate Jurisdiction /Reasons /Burns-BarkeAn Employment Tribunal accepted that 6 out of 12 complaints of discrimination, and 5 out of 12 of unlawful harassment, were made out. None of the acts complained of, save possibly one, was obviously and intrinsically discriminatory. Each finding relied on the … Continue reading HM Land Registry v Grant: EAT 15 Apr 2010
halford_ukECHR1997 The interception of the telephone calls of an employee in a private exchange was a breach of her right of privacy. She had a reasonable expectation of privacy. The police force’s surveillances of the applicant’s telephone (to obtain information regarding a sex discrimination claim she was pursuing in the employment tribunal) was a ‘serious … Continue reading Halford v The United Kingdom: ECHR 25 Jun 1997
roberts_acumedEAT10 EAT UNFAIR DISMISSAL Reason for dismissal including substantial other reason Reasonableness of dismissal Procedural fairness/automatically unfair dismissal The Claimant area sales manager was remunerated on a different basis from the other four area managers. His commission was based on total sales whereas theirs was based on annual increase in sales. On reviewing remuneration the … Continue reading Roberts v Acumed Ltd: EAT 25 Nov 2010
The appellants said that the 2004 Act infringed their rights under articles 8 11 and 14 and Art 1 of protocol 1. Held: Article 8 protected the right to private and family life. Its purpose was to protect individuals from unjustified intrusion by state agents into the private sphere within which they expected to be … Continue reading Countryside Alliance and others, Regina (on the Application of) v Attorney General and Another: HL 28 Nov 2007
The applicants had been imprisoned and held without trial, being suspected of international terrorism. No criminal charges were intended to be brought. They were foreigners and free to return home if they wished, but feared for their lives if they did. A British subject, who was suspected in the exact same way, and there were … Continue reading A v Secretary of State for the Home Department, and X v Secretary of State for the Home Department: HL 16 Dec 2004
Reasonability Test of Post Employment Restriction The court re-stated the principles applicable in testing whether an employee’s restrictive covenant was reasonable: ‘The court cannot say that a covenant in one form affords no more than adequate protection to a covenantee’s relevant legitimate interests if the evidence shows that a covenant in another form, much less … Continue reading Office Angels Ltd v Rainer-Thomas: CA 1991
The university had imposed a new constitution on its students union, which resulted in the dismissal of the claimant. He sought to assert racial discrimination. Held: The concept of ‘aiding’ somebody in committing discriminatory behaviour under the section, connoted assistance beyond the negligible, but did not need to be substantial or productive. The word should … Continue reading Anyanwu and Another v South Bank Student Union and Another: HL 24 May 2001
The claimant sought damages for the development of neural plaques, having been exposed to asbestos while working for the defendant. The presence of such plaques were symptomless, and would not themselves cause other asbestos related disease, but signalled the presence of asbestos in the lungs. The employer appealed a finding of liability. Held: The claims … Continue reading Johnston v NEI International Combustion Ltd; Rothwell v Chemical and Insulating Co Ltd; similar: HL 17 Oct 2007
EAT JURISDICTIONAL POINTS Extension of time: just and equitable2002 Act and pre-action requirements DISABILITY DISCRIMINATIONDisability related discrimination Direct disability discriminationReasonable adjustmentsExclusions/jurisdictionsVICTIMISATION DISCRIMINATION: Detriment HARASSMENT: ConductThis case raises issues of legal and practical importance for discrimination cases. It is one of a number of cases in which the Employment Appeal Tribunal is considering whether the judgment … Continue reading Stockton on Tees Borough Council v Aylott: EAT 11 Mar 2009
arnold_sandwellEAT2008 EAT JURISDICTIONAL POINTS: 2002 Act and pre-action requirements These appeals raise the issue what detail needs to be provided in an equal pay case when an employee raises a written grievance as required by the first step in the statutory standard grievance procedure set out in paragraph 6 of Schedule 2 to the Employment … Continue reading Arnold and others v Sandwell Metropolitan Borough Council: EAT 6 Nov 2008
To succeed in a claim for constructive dismissal the plaintiff must establish a breach of contract by the defendant, that the breach was sufficiently serious to have justified the claimant resigning, or at least be the last in a series of events which justified his leaving, and that he left his employment with the defendant … Continue reading Western Excavating (ECC) Ltd v Sharp: CA 1978
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 … Continue reading Nottinghamshire County Council v Meikle: CA 8 Jul 2004
The defendant, now appellant, ran a business involving the storage of tyres. The claimant neighbour’s own business next door was severely damaged in a fire of the tyres escaping onto his property. The court had found him liable in strict liability under the rule in Rylands, concluding that the appellant had collected the tyres on … Continue reading Stannard (T/A Wyvern Tyres) v Gore: CA 4 Oct 2012
Claimant provided appropriate details of the claim EAT Application to ET rejected by ET under Rules 1-3 of the 2004 Rules of Procedure contained in Schedule 1 of the Employment Tribunal (Constitution and Rules of Procedure) Regulations 2004 because claimant did not provide ‘details of the claim’ – held an error of law because the … Continue reading Grimmer v KLM Cityhopper UK: EAT 17 Mar 2005
The claimant was employed as a music assistant. He was accused of sexual misconduct. He complained that he had not been allowed legal representation at the disciplinary hearing. Held: Whilst it is standard practice for legal representation not to be allowed, where the misconduct alleged was sufficiently serious, his article 6.1 rights were engaged and … Continue reading G, Regina (on the Application of) v X School and Another: Admn 18 Mar 2009
The deceased had made a will including a gift to the claimant, but had then revoked the will. The claimant asserted that an estoppel had been created in his favour over a farm, and that the defendant administrators of the promisor’s estate held it under bare trust for him. Held: The claimant’s appeal succeeded. A … Continue reading Thorner v Major and others: HL 25 Mar 2009
The claimant contended for a common law remedy covering the same ground as the statutory right available to him under the Employment Rights Act 1996 through the Employment Tribunal system. Held: The statutory system for compensation for unfair dismissal is a complete system, and was intended to replace any common law action for damages arising … Continue reading Johnson v Unisys Ltd: HL 23 Mar 2001
One claimant said that as a foreign resident pensioner, she had been excluded from the annual uprating of state retirement pension, and that this was an infringement of her human rights. Another complained at the lower levels of job-seeker’s allowance payable to those under 25. Held: (Lord Carswell dissented in part.) The claims failed. The … Continue reading Carson, Regina (on the Application of) v Secretary of State for Work and Pensions; Reynolds v Same: HL 26 May 2005
marshall_dgPC10 (Bermuda) The claimants challenged their recruitment by conscription to the Bermuda Regiment on several different grounds. The issues now were whether conscription was lawful only where volunters were insufficient, and whether the acceptance of woment should be considered before conscription was applied. Held: The appeals failed. The Regiment did accept women volunteers. The statute … Continue reading Marshall and Others v Deputy Governor of Bermuda and Others: PC 24 May 2010
Jurisdictional Points – Worker, Employee or Neither – CONTRACT OF EMPLOYMENT – Whether established
The Tribunal had not erred in concluding that when Mr Augustine, a delivery courier, was undertaking fixed hours ‘slots’ for the Respondent, . .
The taxpayer, a diver resident in South Africa had undertaken engagements within UK waters and now disputed his liability to Income Tax using a deeming provision in section 5 of the 2005 Act being self employed.
Held: HMRC’s appeal succeeded. . .
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 . .
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 . .
The parties had engaged in a bitter 95 day trial in which allegations of forgery, theft, false accounting, blackmail and arson. A company owning patents and other rights had become insolvent, and the real concern was the destination and ownership of . .
EAT EQUAL PAY ACT
JURISDICTIONAL POINTS – 2002 Act and pre-action requirements
The question in this appeal and cross-appeal was whether women bringing equal pay claims, in multiple public sector . .
The claimant pursued Employment Tribunal proceedings against the Immigration Service when his security clearance was withdrawn. The Tribunal allowed the respondent to use a closed material procedure under which it was provided with evidence unseen . .
The vessel, discharging at St. Nazaire, was ordered by charterers to return to Cardiff. Despite severely deteriorating weather conditions a Sea Transport Officer instructed the vessel to sail on completion of discharge to Quiberon Bay to join a . .
The various applicants sought judicial review of the operation of the Protection of Vulnerable Adults List insofar as they had been placed provisionally on the list, preventing them from finding work. One complaint was that the list had operated . .
References: (1843) 3 Hare 100, [1843] EngR 917, (1843) 67 ER 313 Links: Commonlii Coram: Sir James Wigram VC The court set down the principles to be applied in abuse of process cases, where a matter was raised again which should have been dealt with in earlier proceedings. Sir James Wigram VC said: ‘In trying … Continue reading Henderson v Henderson; 20 Jul 1843
The English legal system has been producing law reports since time immemorial, and the Scots for even longer. These pages are full of codes making reference to such series, with their wonderful array of abbreviations. You cannot enquire about the law without beginning at least to understand and use them. Here is a brief, but … Continue reading Reports
Our law-index is a substantial selection from our database. Cases here are restricted in number by date and lack the additional facilities formerly available within lawindexpro. Please do enjoy this free version of the lawindex. Case law does not ‘belong’ to lawyers. Judgments are made up of words which can be read and understood (if … Continue reading law index