The employer appealed against a finding of unlawful deduction of wages. Held: The words ‘any . . emolument’ includes overtime pay, which may be isolated from other contractual terms as to pay. An arrangement under which the employer had tried to defeat a claim for unpaid overtime, by redescribing the basic pay rate failed. The … Continue reading Pendragon Plc v Nota: EAT 18 Mar 2002
UNFAIR DISMISSAL – Reason for dismissal including substantial other reason UNFAIR DISMISSAL – Contributory fault UNFAIR DISMISSAL – Reasonableness of dismissal UNFAIR DISMISSAL – Procedural fairness/automatically unfair dismissal The Appeal Tribunal allowed the employer’s appeal against the conclusion that the employee had been unfairly dismissed, and remitted the claim to the Employment Tribunal for reconsideration. … Continue reading Camden and Islington NHS Foundation Trust v Uddin: EAT 11 Dec 2018
The claimant, who was disabled, said that his Article 8 rights were infringed because, in breach of Italian law, there were no facilities to enable him to get to the sea when he went on holiday. Held: ‘Private life . . includes a person’s physical and psychological integrity; the guarantee afforded by Article 8 of … Continue reading Botta v Italy: ECHR 24 Feb 1998
The court had to consider a permanent placement of a child with a view to adoption in oposition to the natural parents’ wishes. Held: Particular weight should be attached to the best interests of the child, which may override those of the parent: ‘These measures were particularly far-reaching in that they totally deprived the applicant … Continue reading Johansen v Norway: ECHR 7 Aug 1996
To exclude a child from school for as long as his parents refused to let him be beaten ‘cannot be described as reasonable and in any event falls outside the State’s power of regulation in article 2’. The Convention protects only religions and philosophies which are ‘worthy of respect in a ‘democratic society’ and are … Continue reading Campbell and Cosans v The United Kingdom: ECHR 25 Feb 1982
An employee at an educational establishment told management that he intended to undergo gender reassignment. He was given notice of dismissal. Held: The scope of the Directive was not confined to discrimination based on the fact that a person was of one or other sex but also extended to discrimination arising from the gender reassignment … Continue reading P v S and Cornwall County Council: ECJ 30 Apr 1996
ECJ Despite the limited character of the harmonization of rules in respect of collective redundancies which Directive 75/129 was intended to bring about, national rules which, by not providing for a system for the designation of workers’ representatives in an undertaking where an employer refuses to recognize such representatives, allow an employer to frustrate the … Continue reading Commission v United Kingdom (Judgment): ECJ 8 Jun 1994
The Claimant’s claim of automatic unfair dismissal was based on an allegation that he was dismissed because he had made protected disclosures within the meaning of s.43 A of the Employment Rights Act 1996 Citations: [2019] UKEAT 0196 – 17 – 2802 Links: Bailii Jurisdiction: England and Wales Employment Updated: 03 June 2022; Ref: scu.634367
Unfair Dismissal – reasonableness of the decision to dismiss – section 98(4) Employment Rights Act 1996 The Claimants had been dismissed for failing to comply with the Respondent’s fire safety policy. Rather than each signing-in and out when they came on, or left, site, Mr Gaskell would sign for both. The Respondent took the view … Continue reading Wilko Retail Ltd v Gaskell and Another: EAT 22 Nov 2018
A Local Authority had a duty of care to a fostering family when allocating children. A child was known to have a history of sexual abuse and was fostered with a family with other children, and no warning had been given.Foster parents sued the council for breach of contract and for alleged negligence for breach … Continue reading W 1-6 v Essex County Council and Another: CA 2 Apr 1998
The solicitor, acting in a land purchase transaction for his lay client and the plaintiff, had unwittingly misled the claimant by telling the claimant that the purchasers were providing the balance of the purchase price themselves without recourse to further borrowing when he knew that they were using an overdraft to obtain further funding. The … Continue reading Mothew (T/a Stapley and Co) v Bristol and West Building Society: CA 24 Jul 1996
Contract of Employment : Sick Pay and Holiday Pay CONTRACT OF EMPLOYMENT – Damages for breach of contract UNFAIR DISMISSAL – Reasonableness of dismissal UNFAIR DISMISSAL – Procedural fairness/automatically unfair dismissal WORKING TIME REGULATIONS – Holiday pay VICTIMISATION DISCRIMINATION – Dismissal The Appeal Tribunal dismissed an appeal against conclusions that the Appellant had not been … Continue reading Juric v Look Ahead Care Support and Housing: EAT 29 Oct 2018
PRACTICE AND PROCEDURE – Amendment PRACTICE AND PROCEDURE – Case management UNFAIR DISMISSAL – Automatically unfair reasons The Claimant, who had less than two years’ service, had sought to pursue claims of unfair dismissal and discrimination before the Employment Tribunal. In resisting an application to strike out his claim of unfair dismissal, the Claimant had … Continue reading Andruhovics v Sapient Ltd: EAT 18 May 2018
Issue about the jurisdiction of the Employment Tribunal to resolve disputes about the construction of a contract of employment in the context of a claim for unauthorised deduction of wages under Part II of the Employment Rights Act 1996. Citations: [2018] EWCA Civ 2084 Links: Bailii Statutes: Employment Rights Act 1996 Jurisdiction: England and Wales … Continue reading Agarwal v Cardiff University and Others: CA 27 Sep 2018
Sperm which had been taken from a dying and unconscious man may not be used for the later insemination of his surviving wife. The Act required his written consent. Held: Community Law does not assist the Applicant. The question had been considered in Parliament, and allowing for the limitations on the powers of courts exercising … Continue reading Regina v Human Fertilisation and Embryology Authority ex parte DB: Admn 17 Oct 1996
EAT Equal Pay Act – Addendum to principal judgment. Part timers’ claims for membership of pension schemes only made out of time. EAT Equal Pay Act – (no sub-topic). Judges: The Honourable Mr Justice Mummery Citations: Times 02-Jul-1996, EAT/6/96, EAT/5/96, [1996] UKEAT 5 – 96 – 2406 Links: EAT, Bailii Statutes: Equal Pay Act 1970 … Continue reading Fletcher and others and Preston and others v Midland Bank Plc and Wolverhampton Healthcare NHS Trust Secretary of State for Health and others: EAT 24 Jun 1996
The House faced two questions regarding the protection given by the Regulations: ‘whether the dismissed employee can compel the transferee to employ him or whether he is given the right to enforce as against the transferee such remedies under national law as he could have enforced against the transferor.’ and ‘whether, if despite dismissal they … Continue reading Wilson and Others v St Helens Borough Council; Meade and Another v British Fuels Ltd: HL 29 Oct 1998
ECJ Safeguarding of employees’ rights in the event of transfers of undertakings, businesses or parts of businesses – Transfer to the transferee of the rights and obligations arising from a contract of employment – Date of transfer. Citations: Times 25-Nov-1996, [1997] IRLR 127, C-305/94, [1996] EUECJ C-305/94 Links: Bailii Statutes: EC Directive 77/187/EEC Cited by: … Continue reading Rotsart de Hertaing v Benoidt and IGC Housing Service (In Liquidation) and Another: ECJ 14 Nov 1996
Where an employee had taken extended maternity leave but was then unable to return for post-natal depression, but she was dismissed, the resumption of her contract on issuing her notice of intention to return revived her sickness rights anew.The applicant had had her claims of unfair dismissal and sex discrimination had been rejected by the … Continue reading Halfpenny v IGE Medical Systems Ltd: CA 18 Dec 1998
A curate is not an employee of the Church and cannot claim unfair dismissal. Judges: Hull QC Citations: [1995] UKEAT 374 – 95 – 0811 Links: Bailii Statutes: Employment Protection (Consolidation) Act 1978 Citing: Appeal from – Coker v Diocese of Southwark ET 16-Mar-1995 An Anglican clergyman is an employee of the church, and so … Continue reading Diocese of Southwark and Others v Coker: EAT 4 Apr 1996
A post employment restrictive covenant was unreasonable where an employee was restricted even after the wrongful termination of his employment by the company. Laws J set out the appropriate principle: ‘A restrictive covenant, having effect after the termination of a contract of service or for services, which on its face applies to the employer’s benefit … Continue reading D v M: QBD 18 Mar 1996
An employee resigned for his own financial purposes and was re-employed after the weekend. Later dismissed, his employment was said to be continuous. Held: It was difficult to contract out of statutory rights when it came to an issue of jurisdiction. Intermediate employment not enough. Citations: Times 31-Aug-1998 Statutes: Employment Rights Act 1996 212 Employment … Continue reading Carrington v Harwich Duck Co Ltd: EAT 31 Aug 1998
Re-statement of character of contracts of employment and services and difference. The form of contract is important but not conclusive. It is necessary to look at the terms of the contract as a whole concentrating on the substantive rights and obligations of the parties and decide whether they are more or less strongly indicative of … Continue reading Barnett v Brabyn (Inspector of Taxes): ChD 5 Jul 1996
The employee alleged that he had been dismissed for trade Union activities. The Industrial Tribunal held that he had the burden of proving that. The EAT disagreed. Held: The appeal against the decision of the EAT failed.Griffiths LJ said: ‘If an employer produces evidence to the Tribunal that appears to show that the reason for … Continue reading Maund v Penwith District Council: CA 1984
EAT Jurisdictional Points – Claim in time and effective date of terminationThe Appellant employee brought a claim (inter alia) that he had been subjected to a disciplinary suspension because he was a ‘whistleblower’. The Tribunal decided that the claim was out-of-time. Decision upheld on the basis that, although the suspension was ‘an act extending over … Continue reading Tait v Redcar and Cleveland Borough Council: EAT 2 Apr 2008
The reasons available to an employer under section 98(1)(b) are not limited to reasons of the same kind as those spelt out in section 98(2), nor do they require consideration of the fairness of the dismissal, which falls to be considered under section 98(4) rather than at the prior stage of identifying the reason for … Continue reading Priddle v Dibble: EAT 1978
UNLAWFUL DEDUCTION FROM WAGES CONTRACT OF EMPLOYMENT – Implied term/variation/construction of term The Claimant was given a small shareholding in her employer as a condition of its sale to the Respondent and sold the shares to them under a Share Purchase Agreement. Part of the consideration for the shares were deferred earn-out shares and loan … Continue reading Nosworthy v Instinctif Partners Ltd: EAT 28 Feb 2019
UNFAIR DISMISSAL – Automatically unfair reasons On the true construction of section 104(1)(b) of the Employment Rights Act 1996, there must be an allegation by an employee that there has been an infringement of a statutory right, not merely that the employer may, or will, or threatens to, or intends to infringe such a right. … Continue reading Spaceman v ISS Mediclean Ltd (T/A ISS Facility Service Healthcare): EAT 19 Oct 2018
The employee was unfairly dismissed for redundancy. He was given 5 weeks pay in lieu, a statutory redundancy payment and a severance payment under the employers’ own scheme. He did not obtain another job until well after his period of notice had expired. The tribunal assessed compensation on the basis that the factory was to … Continue reading Babcock FATA Ltd v Addison: CA 1987
Two women parties used funds generated by a joint business venture to buy a house in which they lived together. It was vested in the sole name of the plaintiff but on the understanding that they were joint beneficial owners. The purpose of the arrangement was so that false benefit claims could be made to … Continue reading Tinsley v Milligan: HL 28 Jun 1993
EAT UNAUTHORISED DEDUCTION FROM WAGES Unauthorised deduction from wages – section 13 Employment Rights Act 1996 – zero hours’ contract The Claimant was an employee of the Respondent, working shifts around her college commitments pursuant to a zero hours’ contract. On 6 March 2016, the Respondent suspended the Claimant pending a disciplinary investigation; it accepted … Continue reading Rice Shack Ltd v Obi: EAT 2 Mar 2018
EAT SEX DISCRIMINATION – Pregnancy and discrimination SEX DISCRIMINATION – Burden of proof Pregnancy discrimination – section 18 Equality Act 2010 Burden of proof – section 136 Equality Act 2010 The Claimant had notified the Respondent of her pregnancy shortly before a management restructure was announced that put her position at risk of redundancy. The … Continue reading Serco Leisure Operating Ltd v Lau: EAT 3 Apr 2018
CONTRACT OF EMPLOYMENT – Written particulars UNFAIR DISMISSAL – Dismissal/ambiguous resignationUNFAIR DISMISSAL – Contributory fault UNFAIR DISMISSAL – Polkey deduction The Tribunal erred in concluding that there had been no statement of particulars. The employee had been provided with a Service Agreement, which included his job title. There was no material change to his job … Continue reading Perrys Motor Sales Ltd v Smith: EAT 8 Mar 2018
Appeal from rejection of claim for detrimental treatment after protected disclosure. Citations: [2018] EWCA Civ 1436 Links: Bailii Statutes: Employment Rights Act 1996 43B Jurisdiction: England and Wales Employment Updated: 24 April 2022; Ref: scu.618458
DISABILITY DISCRIMINATION – Reasonable adjustments UNFAIR DISMISSAL – Constructive dismissal Disability discrimination – reasonable adjustments – sections 20 and 21 Equality Act 2010 Unfair dismissal – constructive dismissal – section 95 Employment Rights Act 1996 The Claimant, who had been employed by the Respondent as a Probation Service Officer (‘PSO’) from April 1999, was a … Continue reading Simpson v Secretary of State for Justice: EAT 29 Mar 2018
UNFAIR DISMISSAL – Automatically unfair reasons VICTIMISATION DISCRIMINATION – Protected disclosure Unfair dismissal – automatically unfair reason for dismissal (protected disclosure) – section 103A Employment Rights Act 1996 Detriment – protected disclosure- section 47B Employment Rights Act 1996 The Claimant was employed by the Respondent as an Anaesthetics Nurse. He was also a steward for … Continue reading Mid Essex Hospital Services NHS Trust v Smith: EAT 5 Mar 2018
Unfair Dismissal – Reasonableness of Dismissal – Unfair dismissal – reasonableness of the dismissal – section 98(4) Employment Rights Act 1996 The Claimant was dismissed, on notice, for a reason relating to his conduct; initially this was found to amount to gross misconduct but, on his internal appeal, the Respondent accepted it was more properly … Continue reading Quintiles Commercial Uk Ltd v Barongo: EAT 16 Mar 2018
CONTRACT OF EMPLOYMENT – Wrongful dismissal The claim of wrongful dismissal is remitted back to the same Employment Tribunal to make findings of fact (with additional evidence only if the Tribunal considers it necessary) and to decide for itself whether the Claimant was wrongfully dismissed. The Tribunal erred in appearing to decide the wrongful dismissal … Continue reading Cameron v East Coast Main Line Company Ltd: EAT 22 Mar 2018
Practice and Procedure – Postponement or Stay Practice and procedure – postponement – hearing of interim relief application – section 128(5) Employment Rights Act 1996 The Appellants had lodged separate whistleblowing claims against the Respondents and had both applied for interim relief. They had instructed counsel under the Bar Council’s direct access scheme and he … Continue reading Lunn v Aston Darby Group Ltd and Another: EAT 26 Feb 2018
The claimant was a superintendent registrar of Births Deaths and Marriages. His union instructed him not to conduct weddings on Saturdays. He had been told that if he failed to perform his full range of duties on a Saturday (including marriages), he would not be required to attend for work and would not be paid. … Continue reading Miles v Wakefield Metropolitan District Council: HL 1987
Jurisdictional Points – Claim In Time and Effect Date of Termination – – Application/claim – Preliminary issues The statutory provisions in the Employment Rights Act 1996, the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994 and the Equality Act 2010, which operate to extend time limits to facilitate conciliation before the institution of … Continue reading Luton Borough Council v Haque: EAT 12 Apr 2018
There is no rule of law to suggest that a sole director and owner of majority of shareholding could not be an employee and entitled to redundancy payment on the liquidation of the company. ‘The higher courts have taken the view that the issue as to whether a person is or is not an employee … Continue reading Secretary of State for Trade and Industry v Bottrill: EAT 28 May 1998
Direction regarding practice on appeals from industrial tribunal on matters of contract pending restoration of EAT power by statute. Citations: Times 03-Dec-1997 Statutes: Employment Rights Act 1996 Employment Updated: 09 April 2022; Ref: scu.84881
VICTIMISATION DISCRIMINATION – Whistleblowing VICTIMISATION DISCRIMINATION – Dismissal UNFAIR DISMISSAL – Constructive dismissal The Employment Tribunal erred in their approach to whether admitted detriments were done on the grounds of admitted protected disclosures within the meaning of section 47B of the Employment Rights Act 1996. They failed to apply the approach explained in Fecitt v … Continue reading Metcalf v Surrey County Council: EAT 8 Mar 2018
Practice and Procedure The appeal and cross-appeal challenge (i) whether the detriment claims are in time in circumstances where the grievance detriment claim failed; and (ii) whether the grievance detriment claim was wrongly rejected on the basis of too narrow an approach to the list of issues agreed in the case. Both appeal and cross-appeal … Continue reading Royal Mail Group Ltd v Jhuti: EAT 19 Mar 2018
EAT National Minimum Wage – Unlawful Deduction – National minimum wage – unauthorised deduction from wages – section 23 Employment Rights Act 1996 – sections 9 and 39 Limitation Act 1980 The Claimant had successfully claimed that the Respondent had failed to pay him at national minimum wage rates and, at the subsequent Remedies Hearing … Continue reading Coletta v Bath Hill Court (Bournemouth) Property Management Ltd: EAT 29 Mar 2018
The Claimant, who was employed by the respondent as Area Manager for the Leicester Area, agreed to move to a new position as Area Manager for Nottingham and was told that he would receive an increased salary to reflect the greater responsibilities in that role. The Claimant and Respondent failed to agree the increased salary … Continue reading Abellio East Midlands Ltd v Thomas (Unlawful Deduction From Wages): EAT 28 Jan 2022
EAT MATERNITY RIGHTS AND PARENTAL LEAVE – Unfair dismissal SEX DISCRIMINATION – Pregnancy and discrimination SEX DISCRIMINATION – Burden of proof Automatic unfair dismissal by reason of pregnancy – section 99 Employment Rights Act 1996 and regulation 20 Maternity and Parental Leave etc Regulations 1999 Pregnancy discrimination – section 18 Equality Act 2010 Burden of … Continue reading Really Easy Car Credit Ltd v Thompson: EAT 3 Jan 2018
VICTIMISATION DISCRIMINATION – Health and Safety In considering a claim under section100(1)(d) of the Employment Rights Act 1996 (‘ERA’), there are no arguable grounds for concluding the Tribunal erred. The Tribunal made the necessary findings on the evidence before it to conclude (1) that there were no circumstances of danger; (2) the Claimant did not … Continue reading Hamilton v Solomon and Wu Ltd (Victimisation Discrimination – Health and Safety): EAT 24 Sep 2018
VICTIMISATION DISCRIMINATION – Whistleblowing In a whistleblowing claim the issue was whether the Tribunal had correctly interpreted and applied section 43B(1)(b) Employment Rights Act 1996 in two respects; (1) what amounts to an allegation of a breach of a legal obligation and (2) the public interest element in light of the guidance from the Court … Continue reading Ibrahim v HCA International Ltd: EAT 13 Sep 2018
The EAT was asked to decide what the words ‘an email address’ in paragraph 9(2) of schedule 1 of the Employment Tribunals (Early Conciliation: Exemptions and Rules of Procedure) Regulations 2014/254 meant. The EAT decided that Parliament meant an actual email address. The Appellant had in error supplied an email address that did not exist. … Continue reading Galloway v Wood Group Uk Ltd (Procedure : Meaning of ‘An Email Address’): EAT 18 Jan 2019
The respondents worked outside the UK, living and working for United Kingdom company. Their contracts of employment were expressed to be governed by English law. The court was asked whether that created a sufficient connection with British employment law to bring claims of detrimental treatment in employment tribunal. Held: The appeal failed. Making the contract … Continue reading The British Council v Jeffery and Others: CA 16 Oct 2018
The respondent in the employment tribunal operated the Mytaxi App. From 2014 the claimant worked full time in business on his own account as a black-cab (Hackney Carriage) driver in London. In February 2017 he downloaded the driver version of the respondent’s App. Apart from the odd trip in April he did not start to … Continue reading Johnson v Transopco Uk Ltd (Worker Status): EAT 18 Jan 2022
EAT Transfer of undertaking – notification of employee liability information – regulation 11 TUPE Born had taken over a contract from Spire in circumstances that amounted to a service provision change for TUPE purposes. In providing information to Born prior to the transfer, Spire had stated that a non-contractual Christmas bonus was in place. Born … Continue reading Born London Ltd v Spire Production Services Ltd: EAT 28 Mar 2017
The plaintiffs each complained of negligent decisions in his or her education made by the defendant local authorities. In three of them the Court of Appeal had struck out the plaintiff’s claim and in only one had it been allowed to proceed. Held: The House unanimously dismissed the local authority’s appeal in that last case … Continue reading Phelps v Hillingdon London Borough Council; Anderton v Clwyd County Council; Gower v Bromley London Borough Council; Jarvis v Hampshire County Council: HL 28 Jul 2000
(Hong Kong) The claimant deposited money with a licensed deposit taker, regulated by the Commissioner. He lost his money when the deposit taker went into insolvent liquidation. He said the regulator was responsible when it should have known of the difficulties. Held: The requirements for a duty of care were a foreseeability of harm, and … Continue reading Yuen Kun-Yeu v Attorney-General of Hong Kong: PC 1987
The 1987 Regulations provided additional benefits for disabled persons, but excluded from benefit those who had nowhere to sleep. The claimant said this was irrational. He had been receiving the disability premium to his benefits, but this was cancelled when he lost his home. Held: The appeal was dismissed. The disabilty premium, as part of … Continue reading RJM, Regina (on the Application of) v Secretary of State for Work and Pensions: HL 22 Oct 2008
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
The respondent’s child lived with the estranged father for most of each week. She was obliged to contribute child support. She now lived with a woman, and complained that because her relationship was homosexual, she had been asked to pay more than someone in a heterosexual relationship. Held: The claim failed. The regulations had now … Continue reading Secretary of State for Work and Pensions v M: HL 8 Mar 2006
The claimant renewed his application for leave to appeal against a finding that his claim for unfair dismissal had not been presented within the necessary time limit. It had been outside the period by 88 seconds. Held: There was an arguable case and the application should be referred to a full court. Wall LJ [2008] … Continue reading Beasley v National Grid: CA 11 Feb 2008
The claimants, Uber taxi service contractors, claimed to be ‘workers’ with associated employment rights. Held: They were such. [2016] EW Misc B68 (ET) Bailii, Reasons Employment Rights Act 1996 230(3)(b), Working Time Regulations 1998 36(1), National Minimum Wage Act 1998 England and Wales Employment Updated: 25 January 2022; Ref: scu.571017
Jurisdictional Points : Extension of Time: Reasonably Practicable JURISDICTIONAL POINTS – Extension of time: just and equitable The Claimant had lodged various claims of unfair dismissal and sex (pregnancy related) discrimination, all outwith the relevant three month time limits. During the statutory three month period the Claimant had instructed solicitors and instructed them to raise … Continue reading Tesco Stores Ltd v Kayani: EAT 8 Sep 2016
EAT Disability Discrimination: Disability Related Discrimination – Reasonable adjustments – UNFAIR DISMISSAL – Reasonableness of dismissal – The Tribunal below was required under a decision of the Appeal Tribunal, subsequently (after the Tribunal’s decision) found by the Court of Appeal to have been in error, to apply the wrong comparison when determining claims for breach … Continue reading Perratt v The City of Cardiff Council: EAT 28 Jun 2016
EAT Practice and Procedure: Admissibility of Evidence – Admissibility of evidence – common law ‘without prejudice’ privilege – section 111A Employment Rights Act 1996 (‘ERA’) In proceedings before the ET, the Claimant had complained of constructive unfair dismissal and indirect sex discrimination arising, in part, from the Respondent’s conduct towards her during a period of … Continue reading Faithorn Farrell Timms Llp v Bailey: EAT 28 Jun 2016
REDUNDANCY – Collective consultation and information HUMAN RIGHTS The Court of Appeal in Redbridge London Borough Council v Dhinsa and McKinnon [2014] ICR 834 held that the Council’s Parks Constables were in service as a ‘member of a constabulary maintained by virtue of an enactment’ within the meaning of Employment Rights Act 1996 section 200(2) … Continue reading London Borough of Wandsworth v Vining and Others (Unfair Dismissal: Exclusions Including Worker/Jurisdiction): EAT 18 Dec 2015
PAC sought to recover excess advance corporation tax paid under a UK system contrary to EU law. It was now agreed that some was repayable but now the quantum. Five issues separated the parties. Issue I: does EU law require the tax credit to be set by reference to the overseas tax actually paid, as … Continue reading Prudential Assurance Company Ltd v Revenue and Customs: SC 25 Jul 2018
A statement made by a politician as to his intentions on a particular matter if elected could not create a legitimate expectation as regards the delivery of the promise after elected, even where the promise would directly affect individuals, and the costs of a child’s education. Any consequences of a failure to keep a promise … Continue reading Regina v Department of Education and Employment ex parte Begbie: CA 20 Aug 1999
EAT Jurisdictional Points: Claim In Time and Effective Date of Termination – JURISDICTIONAL POINTS – Extension of time: reasonably practicable – Unfair dismissal – early conciliation – whether claim brought in time – section 207B(4) Employment Rights Act 1996 (as amended) (‘ERA’) – The effective date of termination of the Claimant’s employment had been 20 … Continue reading Tanveer v East London Bus and Coach Company Ltd: EAT 8 Feb 2016
The claimant in the employment tribunal was a litigant in person. Upon consideration of her claim form under rule 12 Employment Tribunals Rules of Procedure 2013, a judge determined that there were two complaints, being of (a) ordinary unfair dismissal, in respect of which the claimant lacked qualifying service, and which was dismissed; and (b) … Continue reading Clarke v The Restaurant Group (UK) Ltd (Practice and Procedure): EAT 20 Jul 2021
UNFAIR DISMISSAL – Reasonableness of dismissal The summary of the approach to compensation at paragraph 54 of the Judgment of a division of this Tribunal presided over by Elias J in Software 2000 Ltd v Andrews [2007] ICR 825, whilst impeccable at the time, now needs to be treated with some caution, at least in … Continue reading George v London Borough of Brent (Unfair Dismissal: Reasonableness of Dismissal): EAT 8 Jan 2016
The applicant was a Turkish national resident in Austria. While working there he had paid unemployment insurance contributions. At a stage when he was unemployed he applied for an advance on his pension in the form of emergency assistance. That was available under the material Austrian legislation, but one of the conditions was that the … Continue reading Gaygusuz v Austria: ECHR 16 Sep 1996
A decision at committal to return an accused for trial is susceptible to judicial review where committal was based solely on inadmissible evidence or was based on evidence not reasonably capable of supporting it. The committal was quashed.The ‘Queen’s Bench Division of the High Court has normally in judicial review proceedings jurisdiction to quash a … Continue reading Regina v Bedwellty Justices Ex Parte Williams: HL 18 Sep 1996
EAT Unfair Dismissal : Reasonableness of Dismissal DISABILITY DISCRIMINATION – Direct disability discrimination 1. The Respondent is a publicly funded independent school with approximately 1,200 pupils aged eight to 18 and is successor to a school administered by the local authority. The academy is what might be regarded as an ‘urban’ school. Its catchment area … Continue reading Bolton St Catherine’s Academy v O’Brien: EAT 18 Sep 2015
EAT CONTRACT OF EMPLOYMENT – Implied term/variation/construction of term The Employment Tribunal had erred in concluding that a term in the letters of appointment of the Claimants enabled the employer to vary the contract unilaterally; the term was unclear and probably ambiguous – Wandsworth London Borough Council v D’Silva [1998] IRLR 193 and Security and … Continue reading Norman and Another v National Audit Office (Contract of Employment : Implied Term/Variation/Construction of Term): EAT 15 Dec 2014
EAT UNFAIR DISMISSAL – Retirement The Tribunal addressed the fairness of a ‘retirement’ dismissal under ordinary unfair dismissal principles pursuant to section 98 Employment Rights Act 1996 (ERA) and failed to consider whether or not there was compliance with the continuing notification duty in paragraph 4 of Schedule 6 of the Employment Equality (Age) Regulations … Continue reading Evbenata v South West London and St George’s Mental Health NHS Trust (Unfair Dismissal: Retirement): EAT 28 Oct 2014
COURT (PLENARY) The complainant asserted that his telephone conversation had been tapped on the authority of a warrant signed by the Secretary of State, but that there was no system to supervise such warrants, and that it was not therefore in ‘accordance with law’. The taps were based on a non-binding and unpublished directive from … Continue reading Malone v The United Kingdom: ECHR 2 Aug 1984
The claimant sought to challenge the validity of the 2009 Act by judicial review. The Act would make their insured and themselves liable to very substantial unanticipated claims for damages for pleural plaques which would not previousl or otherwise have amounted to personal injury. Pleural plaques are physical changes in the pleura, detectable radiologically as … Continue reading AXA General Insurance Ltd and Others v Lord Advocate and Others: SCS 8 Jan 2010
Unrelated Detriment was no Discrimination The tenant had left his flat and sublet it so as to allow the landlord authority an apparently unanswerable claim for possession. The authority appealed a finding that they had to take into account the fact that the tenant was disabled and make reasonable adjustments. Held: The authority’s appeal succeeded. … Continue reading London Borough of Lewisham v Malcolm: HL 25 Jun 2008
EAT PRACTICE AND PROCEDURE Restricted order reporting Disposal of appeal including remission The Employment Tribunal erred in refusing to extend Restricted Reporting Orders in respect of a Respondent to Employment Tribunal proceedings and a non-party. They failed to carry out the assessment of comparative importance of the Article 8 and Article 10 rights engaged in … Continue reading EF v AB and Others (Practice and Procedure : Restricted Reporting Order): EAT 25 Mar 2015
EAT Unfair Dismissal – Conduct – Section 98(2)(b) Employment Rights Act 1996 In a case where the Claimant had committed (admitted) assaults in the workplace because of his disability (he suffers from a paranoid schizophrenic illness), the ET found that the Respondent had dismissed him because of his having committed acts of gross misconduct and … Continue reading Burdett v Aviva Employment Services Ltd: EAT 14 Nov 2014
EAT Victimisation Discrimination : Protected Disclosure – DISABILITY DISCRIMINATION PROTECTED DISCLOSURE – section 43B Employment Rights Act 1996 Inadequate findings of fact by the ET as to what had actually been said by the Claimant and, if not a protected disclosure, why. Ultimately, however, the ET’s clear findings of fact as to the reason for … Continue reading Johnson v Mitie Asset Management Ltd: EAT 18 Jul 2014
A genuine religious belief which supported the use of corporal punishment in schools was not itself either a manifestation of religious belief which required protection under the convention, or a religious and philosophical conviction for the purposes of the right to education provisions of article 2. A religiously founded belief that corporal punishment should be … Continue reading Regina (Williamson and Others) v Secretary of State for Education and Employment: Admn 15 Nov 2001
EAT Unfair Dismissal : Reason for Dismissal Including Substantial Other Reason – Reasonableness of dismissal The Employment Judge did not err in holding that the dismissal of the Claimant for refusing to agree to a rescheduling of her working hours was a dismissal for some other substantial reason within the meaning of section 98(1)(b) of … Continue reading Taylor and Others (T/A Partners In The Cornerstone Practice) v Crockford: EAT 28 Feb 2014
EAT Unfair Dismissal : Reasonableness of Dismissal – Where an Employment Tribunal concludes, as a matter of fact, that an employer has not taken into account any mitigating circumstances before applying the sanction of dismissal in a case of gross or serious misconduct and, therefore, that dismissal is not a reasonable action on the part … Continue reading Vincent (T/A Shield Security Service) v Hinder: EAT 18 Oct 2013
The employee had been given twelve weeks notice of redundancy dismissal, and was not required to attend work during the notice period, but then worked additional days. A letter was written in November stating ‘you are given 12 weeks’ notice of dismissal from this company with effect from 5.11.79. You will not be expected to … Continue reading Adams v GKN Sankey Ltd: EAT 1980
EAT UNFAIR DISMISSAL – Automatically unfair reasonsBurden of proving the ‘whistleblowing’ reason for dismissal under s.103A Employment Rights Act 1996 lies on the employee who has insufficient continuous service to bring a claim of ordinary unfair dismissal. Smith v Hayle applied.However, the case was not decided by this Employment Tribunal on the burden of proof. … Continue reading Ross v Eddie Stobart Ltd (Unfair Dismissal : Automatically Unfair Reasons): EAT 8 Aug 2013
CONTRACT OF EMPLOYMENT – Written particulars RACE DISCRIMINATION – Direct RACE DISCRIMINATION – Comparison The Employment Tribunal erred in concluding that an employee who has more than one but less than two months’ service is not entitled to a section 1 Employment Rights Act 1996 statement of terms and conditions of employment. It does not … Continue reading Stefanko and Others v Maritime Hotel Ltd and Another (Contract of Employment : Race Discrimination): EAT 25 Sep 2018
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
UNFAIR DISMISSAL – Polkey deduction UNFAIR DISMISSAL – Contributory fault UNFAIR DISMISSAL – Mitigation of loss Unfair dismissal – compensation – Polkey reduction – contributory fault – mitigation of loss The ET found the Claimant had been dismissed from his employment by reason of his conduct, after he had initiated an altercation with the Managing … Continue reading Singh v Glass Express Midlands Ltd (Unfair Dismissal – Polkey Deduction): EAT 15 Jun 2018
The Employment Tribunal had been faced with a dispute about whether the claimant was employed by one or more of a network of companies/business entities or was a self-employed contractor. The evidence illustrated that he had worked for more than one entity. Having decided that he had been an employee throughout the material period, the … Continue reading SD (Aberdeen) Ltd v Wright and Others (Jurisdictional Points – Continuity of Employment): EAT 14 Sep 2018
Same Sex Paartner to Inherit as Family Member The claimant had lived with the original tenant in a stable and long standing homosexual relationship at the deceased’s flat. After the tenant’s death he sought a statutory tenancy as a spouse of the deceased. The Act had been extended to include as a spouse someone living … Continue reading Fitzpatrick v Sterling Housing Association Ltd: HL 28 Oct 1999
The council appealed against a finding that the claimant’s case had been brought in time. There had been negotiations for a compromise agreement which had failed. The EAT had found it unclear that the employment had ended at the point asserted by the employers. Held: The draft and correspondence had all been ‘subject to contract’ … Continue reading Kirklees Metropolitan Council v Radecki: CA 8 Apr 2009
The claimants sought a declaration that the restriction on the infliction of corporal punishment in schools infringed their human right of freedom of religion. The schools concerned were Christian schools who believed that moderate corporal discipline was required in order to give expression to their religious beliefs. The respondent argued that the beliefs asserted, whilst … Continue reading Regina (Williamson and Others) v Secretary of State for Education and Employment: CA 12 Dec 2002
Exercise of Prerogative Power is Reviewable The House considered an executive decision made pursuant to powers conferred by a prerogative order. The Minister had ordered employees at GCHQ not to be members of trades unions. Held: The exercise of a prerogative power of a public nature may be, subject to constraints of national security and … Continue reading Council of Civil Service Unions v Minister for the Civil Service: HL 22 Nov 1984
The court considered whether discriminatory acts after the termination of employment were caught by the respective anti-discrimination Acts. The acts included a failure to give proper references. They pursued claims on the basis of victimisation after their primary discrimination claims. Held: The 1975 and 1976 Acts were similarly phrased and the wording in the 1995 … Continue reading Relaxion Group plc v Rhys-Harper; D’Souza v London Borough of Lambeth; Jones v 3M Healthcare Limited and three other actions: HL 19 Jun 2003
Proving Discrimination – Two Stage Process Each appeal raised procedural issues in discrimination cases, asking where, under the new regulations, the burden of proof had shifted. Held: The new situation required a two stage process before a complaint could be upheld. First the claimant had to establish facts allowing the tribunal to conclude, in the … Continue reading Igen Ltd v Wong: CA 18 Feb 2005
The claimant’s husband had been lost from the defendant’s ship at sea. The defendant had contracted to pay compensation unless the loss was by suicide. They so determined. The court was now asked whether that was a permissible conclusion in the circumstances: ‘This case raises two inter-linked questions of principle, one general and one particular. … Continue reading Braganza v BP Shipping Ltd: SC 18 Mar 2015
The appellants were teachers in Christian schools who said that the blanket ban on corporal punishment interfered with their religious freedom. They saw moderate physical discipline as an essential part of educating children in a Christian manner. Held: The appeal was dismissed. For Article 9 to be engaged (aside from certain other threshold conditions) the … Continue reading Regina v Secretary of State for Education and Employment and others ex parte Williamson and others: HL 24 Feb 2005
chesteron_nurmohamedEAT201504 EAT VICTIMISATION DISCRIMINATION Whistleblowing Protected disclosure This appeal concerns the meaning of the words ‘in the public interest’ inserted into section 43B(1) of the Employment Rights Act 1996 by section17 of the Enterprise and Regulatory Reform Act 2013. The Respondent was Director of the Mayfair office of the First Appellant, a well-known firm of … Continue reading Chesterton Global Ltd (t/a Chestertons) and Another v Nurmohamed (Victimisation Discrimination: Whistleblowing): EAT 8 Apr 2015
The Action Group had obtained a declaration that, where an overpayment of benefits had arisen due to a miscalculation by the officers of the Department, any process of recovering the overpayment must be by the Act, and that the Department could not use the law of unjust enrichment. The Department Appealed. Held: The appeal failed. … Continue reading The Child Poverty Action Group v Secretary of State for Work and Pensions: SC 8 Dec 2010
