EAT Unfair Dismissal: Reasonableness of Dismissal – Unfair dismissal – fairness of dismissal – Employment Rights Act 1996, section 98(4) – The Claimant, a maritime security officer, was dismissed for some other substantial reason, namely pressure for his removal for working for a specific client. The ET did not consider the Respondent – a protected … Continue reading Scott v EC Maritime PCC Ltd (Debarred): EAT 10 Oct 2016
EAT UNFAIR DISMISSAL – Reasonableness of dismissal Unfair Dismissal – Fairness of Dismissal – Section 98(4) Employment Rights Act 1996 The ET found that the reason for the Claimant’s dismissal was his conduct on 24 October 2012. The Respondent had initially decided the sanction for this should be a final written warning. The decision to … Continue reading John-Charles v NHS Business Services Authority: EAT 12 Oct 2015
Unfair dismissal – reasonableness of dismissal by reason of conduct that did not amount to gross misconduct – remitted hearing The ET had originally found the Respondent’s dismissal of the Claimant was unfair. In so doing, it had considered it unfair that, at the appeal stage, the Respondent had purported to aggregate individual acts of … Continue reading Ham v Beardwood Humanities College (Unfair Dismissal: Reasonableness of Dismissal): EAT 23 Oct 2015
The claimant brought numerous grievances against senior managers. These were concerned with, amongst other matters, the failure of senior managers to include him in meetings which he thought he should be attending. Management considered that decisions as to who should attend were a matter for them. The grievances could not be resolved at the informal … Continue reading Hope v British Medical Association (Unfair Dismissal): EAT 15 Dec 2021
EAT Unfair Dismissal: Reasonableness of Dismissal – How should section 98(4) Employment Rights Act 1996 be viewed when conduct gives rise to two allegations (grounds A and B), both of which the dismissing officer finds proved but only one of which (ground A) is regarded as justifying dismissal, when on appeal the manager conducting the … Continue reading Choksi v Royal Mail Group Ltd: EAT 21 Jan 2016
EAT Practice and Procedure: Perversity – UNFAIR DISMISSAL – Reasonableness of dismissal The Claimant’s tier 1 visa, permitting employment as a banking adviser, was coming to an end. The Respondent had made plans to employ her as a financial consultant under a tier 2 visa – it withdrew from doing so at short notice and … Continue reading H C Premachandra v HBOS Plc: EAT 24 Jul 2015
EAT Disability Discrimination : Disability – Direct disability discrimination – UNFAIR DISMISSAL – Reason for dismissal including substantial other reason Two points were permitted to proceed to this Full Hearing: (1) The Employment Tribunal sought to draw a distinction between ‘perceived’ and ‘suspected’ disability. That was unhelpful. However, the Employment Tribunal’s answer to the ‘reason … Continue reading Agbakoko v Allied Bakeries: EAT 5 Jun 2015
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
EAT Unfair Dismissal : Reasonableness of Dismissal – HARASSMENT – Conduct Appeal permitted to proceed on two grounds. First, having found a potentially fair reason for dismissal (SOSR), did the Employment Tribunal consider fairness under section 98(4) Employment Rights Act? They did. Secondly, did they treat a remark about pregnancy as a complaint of sexual … Continue reading Phelan v Rolls -Royce Plc and Others (Unfair Dismissal : Reasonableness of Dismissal): EAT 4 Dec 2014
EAT Unfair Dismissal : Procedural Fairness/Automatically Unfair Dismissal – Polkey deduction The Employment Judge found that the Claimant had been unfairly dismissed and that there should be no Polkey deduction. She erred in three respects: (1) she wrongly found that the reason for the dismissal was not potentially fair, when on any view it was … Continue reading South London and Maudsley NHS Foundation Trust v Balogun (Unfair Dismissal : Procedural Fairness/Automatically Unfair Dismissal): EAT 5 Dec 2014
The company appealed a finding of unfair dismissal. The tribunal found that the response was outside the range of reasonable responses by an employer. He had had a series of unrelated and genuine sickness absences, but had recovered and was fit to work. The tribunal had treated it as an ancapability dsmissal. The company now … Continue reading Post Office v Wilson: EAT 13 Apr 1999
EAT Unfair Dismissal : Reasonableness of Dismissal – The Employment Tribunal failed to consider for itself the fairness of the dismissal under Employment Rights Act 1996 section 98(4). Miss Perry v Imperial College Healthcare NHS Trust UKEAT/0473/130 and Ms Brito-Babapulle v Ealing Hospital NHS Trust UKEAT/0358/12 applied. Case remitted to a differently constituted Employment Tribunal … Continue reading Adama v Partnerships In Care Ltd: EAT 12 Jun 2014
EAT Unfair Dismissal : Reasonableness of Dismissal – Unfair dismissal. Whether Employment Tribunal adopted the correct approach in a case where the potential consequences for the employee were sufficiently grave that this was a relevant circumstance for the purpose of s.98(4) Employment Rights Act 1996 and warranted a heightened assessment of the Respondent’s investigation and … Continue reading Monji v Boots Management Services Ltd: EAT 20 Mar 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
EAT JURISDICTIONAL POINTS – 2002 Act and pre-action requirements UNFAIR DISMISSAL Unfair dismissal. Application of transitional provisions in case of dismissal alleged to have been unfair under s98A Employment Rights Act 1996. Whether employers had reasonable grounds to believe in lack of capacity of senior employee. Mitting J [2013] UKEAT 0183 – 13 – 2510 … Continue reading Masson v Meggitt Avionics Ltd: EAT 25 Oct 2013
EAT S.98A(2) ERA – Unfair dismissal. The Appellant appealed against a finding that it had unfairly dismissed the Respondent. The Employment Tribunal had found that the dismissal was unfair but that in light of section 118, 119, 122 123 of ERA 1996 the Respondent was not entitled to any monetary award, basic or compensatory. The … Continue reading HCL Safety Ltd v Flaherty: EAT 11 Jul 2013
EAT DISABILITY DISCRIMINATION – DisabilityUNFAIR DISMISSAL – Reasonableness of dismissalA consultant had both private and NHS patients. Whilst certificated sick and receiving sick pay from her NHS employers she worked for her private patients. She was dismissed for doing so, the employer thinking this could be described as fraud. An Employment Tribunal dismissed her claim … Continue reading Brito-Babapulle v Ealing Hospital NHS Trust: EAT 14 Jun 2013
EAT Unfair dismissal – Automatic unfair dismissal for trade union activitiesUnfair dismissal – Fair in all the circumstances pursuant to s.98(4) of the Employment Rights Act 1996.Delay – Tribunal delay in delivering judgment.Employee is a shop steward – redundancy selection – during consultation process employee expresses opposition to need for change and implementation of new … Continue reading British Gypsum Ltd v Thompson: EAT 22 Nov 2011
The employers had dismissed the employee for misconduct. The Tribunal found that the employers had a genuine belief in the misconduct alleged and there had been a reasonable investigation. The real issue was whether it was reasonable to dismiss for the misconduct alleged. The Tribunal found that no reasonable employer would have dismissed the employee … Continue reading Fuller v London Borough of Brent: CA 15 Mar 2011
EAT Practice and Procedure : Case Management – UNFAIR DISMISSAL – Reasonableness of dismissalThe Respondent was entitled to conclude the Claimant wrongfully handed over HR files of two employees whose qualifications she disputed, and to dismiss her.Given the concession in the internal proceedings that as much investigation as was reasonable had been conducted, the Employment … Continue reading Leeks v St George’s Healthcare NHS Trust: EAT 22 Oct 2012
lisboa_realpubsEAT11 EAT SEXUAL ORIENTATION DISCRIMINATION Whether Respondent’s policy of encouraging a wider clientele at a formerly gay pub involved less favourable treatment of gay customers causing the Claimant to resign in circumstances amounting to discriminatory constructive (and wrongful) dismissal, applying principles in Showboat, approved in Wethersfield v Sargent.Employment Tribunal fell into error in focussing on … Continue reading Lisboa v Realpubs Ltd and Others: EAT 11 Jan 2011
EAT AGE DISCRIMINATIONUNFAIR DISMISSAL – Polkey deductionCouncil employee seconded to registered social landlord – Secondment comes to an end, so that he is formally redundant – Employee aged 49 and would be entitled to an early retirement pension if retained in employment to age 50 – Council fails to find him alternative employment or to … Continue reading London Borough of Tower Hamlets v Wooster: EAT 10 Sep 2009
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 appellant had been dismissed after using the company email to forward an inappropriate email in breach of the company’s policies. Later he was disciplined for making an appointment in breach of the company’s procedures. He again misused the company’s email system and was dismissed, but several others were also. The company had offered a … Continue reading Way v Spectrum Property Care Ltd: CA 22 Apr 2015
The company decided to make redundancies. The applicants, all selected, had worked in more than one section of the plant. All employees worked under the same contract, but employees were chosen only from the one section. The complainants said that the entire workforce should have been considered. Held: Under the Order it was for the … Continue reading Murray and Another v Foyle Meats Ltd (Northern Ireland): HL 8 Jul 1999
parharEAT2012 EAT UNFAIR DISMISSAL – Reasonableness of dismissalIll health capability dismissal. Section 98(4) Employment Rights Act 1996 reasonableness judged by Employment Tribunal only as at EDT; ET ought to have considered the whole disciplinary process, including subsequent appeals; West Midlands Co-operative Society Limited v Tipton [1986] IRLR 112; Taylor v OCS Group Limited [2006] IRLR … Continue reading First Hampshire and Dorset Ltd v Parhar: EAT 10 May 2012
The employer appealed a finding that he had been unreasonable in seeking to vary the employment contracts of his staff by adding post employment restrictive covenants, and that the consequent dismissals were unfair. Copies of the new contracts had been handed to employees without prior notice and with an instruction to sign the within thirty … Continue reading Willow Oak Developments Ltd. (T/A Windsor Recruitment) v Silverwood and others: CA 25 May 2006
masson_meggittEAT2012 EAT UNFAIR DISMISSALDismissal for lack of capabilityAutomatic unfair dismissalAppeal against decision of Employment Tribunal that R did not unfairly dismiss A for lack of capability. No finding made by ET as to whether R contemplated dismissing A before 5 April 2009 and therefore whether Employment Rights Act 1996, s.98A applied. Further, no express finding … Continue reading Masson v Meggitt Avionics Ltd: EAT 3 Aug 2012
Burchell case remains good law The appellant head teacher had been dismissed for failing to disclose the fact that her partner had been convicted of a sex offence. She now appealed from rejection of her claim for unfair dismissal. Held: The appeal was dismissed. The tribunal was entitled to conclude that it was a reasonable … Continue reading Reilly v Sandwell Metropolitan Borough Council: SC 14 Mar 2018
EAT UNFAIR DISMISSAL – S. 98A (2) Employment Rights Act DISABILITY DISCRIMINATION – Disability related discrimination DISABILITY DISCRIMINATION – Reasonable adjustments DISABILITY DISCRIMINATION – Compensation Claimant goes off sick following incident of alleged offensive behaviour by manager – Existing mental health difficulties exacerbated – Employers fail, despite recommendation from occupational health department, to carry out … Continue reading Tameside Hospital NHS Foundation Trust v Mylott: EAT 11 Mar 2011
The applicant appealed a rejection of his claim for unfair dismissal. He claimed that the management committee of the organisation had both investigated the complaint and adjudicated upon it, and that the organization’s procedures did not allow for an appeal. Held: Within such a small organisation dependant upon a part time and voluntary management, it … Continue reading Tran v Greenwich Vietnam Community Project: EAT 5 Apr 2001
When an Employment Tribunal looked at whether a dismissal was reasonable, the test related not to an assessment of what tribunal members would think or do, but rather whether to ask whether the employer’s response was within a ‘band or range of reasonable responses’ of a reasonable employer to the situation. Earlier conflicting decisions were … Continue reading Foley v Post Office; HSBC Bank Plc (Formerly Midland Bank Plc) v Madden: CA 31 Jul 2000
Onus of Establishing Reason for Dismissal EAT Unfair Dismissal: Reason for Dismissal Including Substantial Other Reason – – Reasonableness of dismissal CONTRACT OF EMPLOYMENT – Wrongful dismissal Unfair dismissal – reason for dismissal – section 98(1) and (2) Employment Rights Act 1996 – burden of proof and evidential basis for decision – reasonableness of dismissal … Continue reading Dye v Royal Free London NHS Foundation Trust: EAT 14 Sep 2016
UNFAIR DISMISSAL; Reason for dismissal; band of reasonable responses; investigation. In a claim of unfair dismissal, the reason for dismissal relied upon by the employer in terms of section 98 of the Employment Rights Act, 1996 ‘(ERA’) was ‘conduct’. The evidence suggested that the employer had considered a range of matters all of which related … Continue reading Tesco Stores Ltd v S (Unfair Dismissal): EAT 1 Apr 2021
Employee to show company insolvent to claim EAT Insolvent Employer – The onus is on the applicant seeking payment for lost wages from the Secretary of state to establish that the employer company is insolvent. There must be proof of the occurring of an event falling within section 183(3) EAT Insolvency – (no sub-topic) Judges: … Continue reading The Secretary of State for Trade and Industry v Walden, Kealfreight Ltd: EAT 22 Jul 1999
Unfair Dismissal The Respondent appealed the Tribunal’s decision that the Claimant had been unfairly dismissed. The Tribunal had concluded that having regard to s. 98 of the Employment Rights Act 1996 the Respondents decision to dismiss fell outside the band of reasonable responses. On Appeal the Respondent argued that the Tribunal had fallen into a … Continue reading Northbay Pelagic Ltd v Anderson (Unfair Dismissal): EAT 28 Jan 2021
There is no rule of law, to suggest that a sole director and owner of majority of shareholding, could not be an employee of that company, and be entitled to a redundancy payment on the liquidation of the company. ‘If the tribunal considers that the contract is not a sham, it is likely to wish … Continue reading Secretary of State for Trade and Industry v Bottrill: CA 12 Feb 1999
Ex turpi causa non oritur actio A claim was made for the price of goods which the plaintiff sold to the defendant in Dunkirk, knowing that the defendant’s purpose was to smuggle the goods into England. The plaintiff was met with a defence of illegality. Held: The defence failed. Knowledge on the part of the … Continue reading Holman v Johnson: 5 Jul 1775
The deceased’s adult son sought provision from the intestate estate. The sole beneficiary under the rules was the plaintiff’s mother. The estate was modest; the intestate’s interest in his house (he had been living there with the plaintiff). The widow was found to have a one third interest in it. The judge took the disposable … Continue reading In Re Coventry (deceased): CA 3 Jan 1979
UNFAIR DISMISSAL WHISTLEBLOWING, PROTECTED DISCLOSURES CONTRACT OF EMPLOYMENT The employment tribunal found that the Claimant had been unfairly dismissed, contrary to section 94 of the Employment Rights Act 1996 (‘the ERA’), and wrongfully dismissed, but had not been automatically unfairly dismissed, contrary to section 103A of the ERA. On the Respondent employer’s appeal from the … Continue reading University Hospitals Birmingham NHS Foundation Trust v Reuser (Unfair Dismissal – Whistleblowing, Protected Disclosures): EAT 1 May 2020
EAT JURISDICTIONAL POINTS – Working outside the jurisdiction WORKING TIME REGULATIONS – Holiday pay The approach to determining whether an employee of British company who works and lives abroad falls within the territorial scope of the Employment Rights Act 1996 section 94(1) has been developed since Lawson v Serco Ltd [2006] ICR 250. The question … Continue reading Dhunna v Creditsights Ltd: EAT 3 Apr 2013
EAT UNLAWFUL DEDUCTION FROM WAGES – Industrial actionFirefighter objects to being asked to ‘act up’ as watch manager but continues to do so under protest – Eventually refuses to do so in the context of official industrial action being taken by colleagues, where refusal to act up forms part of the action called by the … Continue reading Norris and Others v London Fire and Emergency Planning Authority: EAT 8 Mar 2013
No sex discrimination was involved in company’s retirement benefits scheme even though it was affected by differences for part time workers, and even though more women worked part time Citations: Gazette 26-Feb-1998, Times 29-Dec-1997, [1998] 1 All ER 805, [1997] EWCA Civ 3037, [1999] ICR 319, [1998] IRLR 138 Links: Bailii Statutes: Equal Pay Act … Continue reading Barry v Midland Bank Plc: CA 18 Dec 1997
The bank claimed that it had been defrauded, and that since an employee of the defendant had taken part in the fraud the defendant was had vicarious liability for his participation even though they knew nothing of it. Held: Where A becomes liable to B as a joint tortfeasor with C in the tort of … Continue reading Generale Bank Nederland Nv (Formerly Credit Lyonnais Bank Nederland Nv) v Export Credit Guarantee Department: CA 23 Jul 1997
The employee appealed against a decision rejecting her claim that the employer had made an unlawful deduction from her salary. Judges: Browne-Wilkinson J Citations: [2007] EWCA Civ 761, [2007] IRLR 777, [2007] ICR 167 Links: Bailii Statutes: Employment Rights Act 1996 13 Jurisdiction: England and Wales Citing: Cited – Jones v Associated Tunnelling Co Ltd … Continue reading Luke v Stoke-On-Trent City Council: CA 24 Jul 2007
Casual workers employed under ‘nil hours’ relationship still had a contract of employment and the appropriate and associated rights. A court was fully able to determine the terms of the contract. Citations: Times 02-Apr-1998, Gazette 13-May-1998, [1997] EWCA Civ 871, [1999] ICR 1226, [1998] EWCA Civ 558, [2000] IRLR 43 Statutes: Employment Protection (Consolidation) Act … Continue reading Carmichael and Lesse v National Power Plc: CA 29 Jan 1997
The employee had patented in the US a trading system he invented whilst employed by the defendant, who now sought ownership. He appealed a finding that the inventions had been made during the normal course of his employment. The employment contract provided: ‘All trade secrets, inventions, written documents, and other confidential information developed or created … Continue reading Liffe Administration and Management v Pinkava and Another: CA 15 Mar 2007
Claim for unlawful deduction from wages. Citations: [2007] EWCA Civ 19, [2007] IRLR 440, [2007] ICR 983 Links: Bailii Statutes: Employment Rights Act 1996 Jurisdiction: England and Wales Employment Updated: 31 October 2022; Ref: scu.248014
The claimant appealed the refusal of her claim for a finding that her dismissal was automatically unfair. She had been employed for less than a year, and had taken several absences to care for her child. She claimed protection saying that her absences had been ‘dependants leave’. Held: When considering such a claim, the tribunal … Continue reading Qua v John Ford Morrison (Solicitors): EAT 14 Jan 2003
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
A Church of England Assistant Curate is not an employee, but rather a holder of an ecclesiastical office. There is a presumption that ministers of religion were office-holders who did not serve under a contract of employment. Accordingly he is not entitled to claim to have been unfairly dismissed under the legislation. Mummery LJ said: … Continue reading Reverend Doctor A B Coker v Diocese of Southwark; Bishop of Southwark and Diocesan Board of Finance: CA 11 Jul 1997
Damages or removal of coal under land User damages were awarded for the unauthorised removal of coal from beneath the appellant’s land, even though the site was too small for the appellant to have mined the coal himself. The appellant was also awarded damages for the damage done to the houses on the surface. If … Continue reading Livingstone v Rawyards Coal Co: HL 13 Feb 1880
EAT UNFAIR DISMISSAL Contributory fault Polkey deduction Employee dismissed following disciplinary proceedings for: (1) misconduct towards other staff; (2) misconduct in attitude to directors; and (3) disclosure of information from staff payroll (3 instances). Employment Tribunal reject claims of wrongful and unfair dismissal but find dismissal ‘automatically unfair’ because one instance of disclosure was a … Continue reading Kaltz Ltd v Hamer: EAT 24 Feb 2012
EAT Redundancy : Suitable Alternative Employment – Did the Employment Tribunal err in law in concluding that the Appellant had unreasonably refused an offer of alternative employment for her own reasons, when it had correctly concluded that the offer was an offer of suitable employment which a reasonable employee could have accepted? Judges: Wilkie J … Continue reading Readman v Devon Primary Care Trust: EAT 1 Dec 2011
The claimant had been an ordained minister in the church. She sought to claim unfair dismissal. The Conference replied that she was not an employee entitled to make such a claim. Held: The claimant was an employee. Judges: Maurice Kay VP, Longmore LJJ, Sir David Keene Citations: [2011] EWCA Civ 1581, [2012] 2 WLR 1119, … Continue reading The President of The Methodist Conference v Preston: CA 20 Dec 2011
EAT NATIONAL MINIMUM WAGE ACT 1998National Minimum Wage Regulations 1999, Reg. 2(2)Unauthorised deductions from wagesAll three Claimants were foreign domestic workers employed in the Respondents’ households. The EAT held that the work done by each of the three Claimants for their respective employers was work to which regulation 2(2) of the National Minimum Wage Regulations … Continue reading Julio v Jose: EAT 8 Dec 2011
EAT NATIONAL MINIMUM WAGE ACT 1998National Minimum Wage Regulations 1999, Reg. 2(2)Unauthorised deductions from wagesAll three Claimants were foreign domestic workers employed in the Respondents’ households. The EAT held that the work done by each of the three Claimants for their respective employers was work to which regulation 2(2) of the National Minimum Wage Regulations … Continue reading Jose v Julio: EAT 8 Dec 2011
EAT NATIONAL MINIMUM WAGE ACT 1998 National Minimum Wage Regulations 1999, Reg. 2(2) Unauthorised deductions from wages All three Claimants were foreign domestic workers employed in the Respondents’ households. The EAT held that the work done by each of the three Claimants for their respective employers was work to which regulation 2(2) of the National … Continue reading Chamsi-Pasha and Another v Udin and Another: EAT 8 Dec 2011
EAT NATIONAL MINIMUM WAGE ACT 1998 National Minimum Wage Regulations 1999, Reg. 2(2)Unauthorised deductions from wages All three Claimants were foreign domestic workers employed in the Respondents’ households. The EAT held that the work done by each of the three Claimants for their respective employers was work to which regulation 2(2) of the National Minimum … Continue reading Udin v Chamsi-Pasha and Others: EAT 8 Dec 2011
The appellant’s application for full registration as a qualified medical practitioner had been refused by the GMC after a five-year maximum period of limited registration. His application for full registration in accordance with section 25 of the Medical Act 1983 was refused by the GMC. He then applied to the Review Board for Overseas Qualified … Continue reading Khan v General Medical Council: CA 11 Apr 1994
Transfer of Undertakings; Share Incentive Plan; Obligation ‘In Connection With’ The Contract of Employment The claimant’s contract of employment transferred to the appellant under TUPE, 2006 on 1 May 2020. Prior to the transfer, he had been a member of a Share Incentive Plan operated by the transferor which he had joined in August 2018 … Continue reading Ponticelli UK Ltd v Gallagher: EAT 12 Sep 2022
The employee claimed that the behaviour which gave rise to her dismissal was a protected disclosure, and that her motive was irrelevant. Held: The fact that what was disclosed was true was not conclusive to protect the disclosure. The court could look to motive, and a bad motive might defeat the protection even if the … Continue reading Street v Derbyshire Unemployed Workers Centre: EAT 22 Sep 2003
EAT VICTIMISATION DISCRIMINATION – Protected disclosureUNFAIR DISMISSAL – Automatically unfair reasonsThe Tribunal erred in law in holding that words spoken at a meeting by the Claimant did not amount to information for the purposes of section 43B of the Employment Rights Act 1996. Cavendish Munro Professional Risks Management v Geduld [2010] ICR 125 applied.The Tribunal … Continue reading Freeman v Ultra Green Group Ltd: EAT 9 Aug 2011
EAT UNFAIR DISMISSAL – CompensationPRACTICE AND PROCEDURE – Appellate jurisdiction/reasons/Burns-Barkebr />The successful Claimant worked in the NHS from 1983 but for the Respondent Trust only from 2006. The dispute about this was raised in submissions on the basic award. The Employment Tribunal calculated back to 1983. The EAT allowed the jurisdictional point about Employment Rights … Continue reading Winchester and Eastleigh Healthcare NHS Trust v Walker: EAT 24 Jun 2011
mchoice_aaldersEAT2011 EAT JURISDICTIONAL POINTS – Claim in time and effective date of terminationThe employee was dismissed on notice expiring on 1 February 2011. On its expiry she would have had sufficient qualifying service to present a complaint of unfair dismissal. On 11 January 2011 during her period of notice she presented a complaint of unfair … Continue reading M-Choice UK Ltd v Aalders: EAT 10 Aug 2011
Appeal at the instance of the employee applicant in respect of a finding by the Employment Tribunal confirmed on review that in the relevant circumstances the respondent employer was not in breach of section 1(1) of the National Minimum Wage Act 1998 nor had they made any unlawful deductions from the applicant’s wages in contravention … Continue reading Laird v A K Stoddart Ltd: EAT 18 Jan 2001
EAT UNFAIR DISMISSAL – Retirement UNFAIR DISMISSAL – Polkey deduction Employee reaching retirement age requests extension – Employer purports to follow procedure under Schedule 6 of Employment Equality (Age) Regulations 2006 and rejects request – Tribunal holds, on basis of admissions from employer’s witnesses, that the managers in question regarded themselves as absolutely bound by … Continue reading Compass Group Plc v Ayodele: EAT 14 Jul 2011
EAT Contract of Employment – Definition of Employee Judges: The Honourable Mr Justice Burton (P) Citations: EAT/492/02, [2002] UKEAT 492 – 02 – 1112 Links: Bailii, EAT Statutes: Employment Rights Act 1996 Jurisdiction: England and Wales Citing: Cited – McMeechan v Secretary of State for Employment CA 11-Dec-1996 The respondent as a temporary worker was … Continue reading Dacas v Brook Street Bureau (UK) Ltd, Wandsworth London Borough Council: EAT 12 Nov 2002
VICTIMISATION DICRIMINATION – Protected disclosure The Claimant alleged in her Particulars of Claim that the Respondent subjected her to a detriment because she had alleged in an email of 1 December 2015 that asking her to work certain hours would be a breach of the Working Time Regulations 1998. A list of issues agreed at … Continue reading Saha v Capita Plc: EAT 29 Nov 2018
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 UNFAIR DISMISSAL – Reasonableness of dismissalThe Employment Tribunal’s reasons show that the majority did not correctly apply section 98(4) of the Employment Rights Act 1996. London Ambulance Service NHS Trust v Small [2009] IRLR 563 and Fuller v London Borough of Brent [2011] EWCA Civ 267 considered. Judges: Richardson J Citations: [2011] UKEAT 0007 … Continue reading Eaga Plc v Tideswell: EAT 16 May 2011
EAT UNFAIR DISMISSALAn act is on the ground that an employer has made a protected disclosure within the meaning of the Employment Rights Act 1996 section 47B if it is done by reason of such a disclosure or because the act was inherently for such a reason. Chief Constable of West Yorkshire Police v Khan … Continue reading Vivian v Bournemouth Borough Council: EAT 4 Feb 2011
EAT WORKING TIME REGULATIONSVICTIMISATION DISCRIMINATION – Whistleblowing1. The Claimant was a ‘mobile worker’ to whom the Road Transport (Working Time) Regulations 2005 (‘the RTR’) applied. The Tribunal did not consider the RTR; and if it had considered the RTR ought to have found that the Claimant was correct in asserting that if the Respondent required … Continue reading Ross v Eddie Stobart Ltd: EAT 14 Jan 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
The applicant had left on maternity leave. Before leaving, her salary had been increased, but the increase was not back-dated to any part of the period over which the regulations required her average earnings to be calculated for statutory maternity pay. She asserted discrimination, and unlawful deductions from her wages. Should her case be referred … Continue reading Alabaster v Woolwich Plc, Secretary of State for Social Security: CA 26 Feb 2002
The employee complained of her dismissal having made protected disclosures. The company said that the dismissal was for reasons of inadequate work. Held: The company’s appeal succeeded. Subject to possible qualifications said to be irrelevant to the present case, a tribunal required to determine ‘the reason (or, if more than one, the principal reason) for … Continue reading Royal Mail Ltd v Jhuti: CA 20 Oct 2017
The claimant had argued that she had been unfairly dismissed since her dismissal was founded in her making a protected disclosure. The ET had not accepted either her explanation or that of the employer. Held: The employee’s appeal failed, and the employer’s succeeded. It was wrong to draw parallels with prohibited grounds reasons and unfair … Continue reading Kuzel v Roche Products Ltd: CA 17 Apr 2008
Lord Cairns said: ‘A reason for the dismissal of an employee is a set of facts known to the employer, or it may be of beliefs held by him, which cause him to dismiss the employee. If at the time of his dismissal the employer gives a reason for it, that is no doubt evidence, … Continue reading Abernethy v Mott Hay and Anderson: CA 1974
EAT UNFAIR DISMISSALAn act is on the ground that an employer has made a protected disclosure within the meaning of the Employment Rights Act 1996 section 47B if it is done by reason of such a disclosure or because the act was inherently for such a reason. Chief Constable of West Yorkshire Police v Khan … Continue reading Vivian v Bournemouth Borough Council: EAT 6 May 2011
EAT JURISDICTIONAL POINTS – Extension of time: reasonably practicableThe Employment Tribunal had correctly directed itself that the evidential burden of proving under section 111(2)(b) of the Employment Rights Act 1996, in cases where it is it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of the … Continue reading Locke v Tabfine Ltd (T/A Hands Music Centre): EAT 29 Nov 2010
The employer appealed against a finding that it should pay former commission agents hioliday pay for the entire period since the coming into force of the Regulations. Judges: Peter Clark J Citations: [2004] UKEAT 0657 – 03 – 1301 Links: Bailii Statutes: Employment Rights Act 1996, Working Time Regulations 1998 Employment Updated: 06 September 2022; … Continue reading Canada Life Ltd v Gray and Another: EAT 13 Jan 2004
EAT PRACTICE AND PROCEDURE – Estoppel or abuse of process/AmendmentThe appeal was dismissed on issue estoppel. Issue estoppel applied not to the declarations made by the first Employment Tribunal, as apparently decided in the Pre Hearing Review judgment, but to the breach of contract issues that had been decided at that first hearing as stated … Continue reading Parker v Northumbrian Water: EAT 30 Mar 2011
The claimants had been employed by a company with a normal retirement age of 60. The company was sold to British Airways, wher eh normal age was 55. On being obliged to retire the claimed unfair dismissal. They now appealed dismissal of that claim. Held: The applicable normal age of retirement under an employment contract … Continue reading Cross, Gibson v British Airways Plc: CA 11 May 2006
Unfair Dismissal — Constructive Dismissal – Reason for Dismissal Including Some Other Substantial ReasonThe ET upheld the Claimant’s complaint of constructive unfair dismissal, finding that the Respondent’s conduct of an investigatory process into allegations of misconduct was such as to be likely to destroy or seriously damage the relationship of trust and confidence and amounted … Continue reading Retirement Security Ltd v Wilson: EAT 11 Jul 2019
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
EATR UNFAIR DISMISSAL – Reasonableness of dismissal Employment Tribunal found dismissal for redundancy reason unfair under s98(4) Employment Rights Act 1996 on two grounds; (i) selection (ii) alternative employment. As to (i) ET substituted own view as to a fair selection procedure and as to (ii) failed to consider whether employer’s attempts to find alternative … Continue reading Amazon.Co.Uk.Ltd v Hurdus: EAT 10 Feb 2011
EAT PRACTICE AND PROCEDURE – Appellate jurisdiction/reasons/Burns-Barke An Employment Tribunal decision must comply in both form and substance with 30(6) of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004 SI No. 1861 and failure to do so will amount to an error of law; Balfour Beatty Power Networks Ltd v Wilcox [2006] EWCA … Continue reading Greenwood v NWF Retail Ltd: EAT 18 Feb 2011
EAT PRACTICE AND PROCEDURE – Appellate jurisdiction/reasons/Burns-Barke An Employment Tribunal decision must comply in both form and substance with 30(6) of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004 SI No. 1861 and failure to do so will amount to an error of law; Balfour Beatty Power Networks Ltd v Wilcox [2006] EWCA … Continue reading Norman and Another v NWF Retail Ltd: EAT 18 Feb 2011
Regulation 4 of the Requirements for Teachers (Scotland) Regulations 2005 (‘the 2005 Regulations’), provides that a local education authority can employ only registered teachers. The issue in this appeal (brought by the local education authority) is whether the term ‘registered teacher’ in that provision simply means a teacher whose details have been entered on to … Continue reading Dumfries and Galloway Council v Carroll: EAT 7 Aug 2019
EAT UNFAIR DISMISSAL Reasonableness of dismissal S.98A(2) ERA Claimant dismissed for gross misconduct. Employment Tribunal found unfair dismissal but (a) placed the burden of proof on the Respondent instead of applying a neutral burden of proof. It also misunderstood s.98A(2) ERA 1996; failed to make a Polkey finding; failed to make a finding on contributory … Continue reading Network Rail Infrastructure Ltd v Marks: EAT 23 Nov 2010
bullock_norfolkEAT11 EAT RIGHT TO BE ACCOMPANIED The Employment Tribunal did not err in holding that the Claimant, a foster carer, was not a worker within the meaning of the Employment Rights Act 1996 and 1999. Accordingly she could not claim the right to trade union representation pursuant to section 10 of the Employment Rights Act … Continue reading Bullock v Norfolk County Council: EAT 24 Jan 2011
The claimants were airline pilots employed by the respondent company with headquarters in Hong Kong. The court was asked whether an English Tribunal had jurisdiction to hear their complaints of unfair dismissal. Held: The pilots were employed in England so as to allow a claim for unfair dismissal here. Judges: Lord Phillips Of Worth Matravers, … Continue reading Crofts and others v Cathay Pacific Airways Ltd and others: CA 19 May 2005
EAT WORKING TIME REGULATIONS – Holiday payCONTRACT OF EMPLOYMENT – Sick pay and holiday payThe employee was entitled under his contract to be paid for leave taken on the basis of his ‘average’ working hours. In context this was basic hours plus overtime hours.The Employment Appeal Tribunal is bound by the judgment of the Court … Continue reading Crossland v Corps of Commissionaires Management Ltd: EAT 18 Aug 2010
lEAT Working Time Regulation 1998 – detriment – Section 45A Employment Rights Act 1996 Unfair Dismissal – automatically unfair reason for dismissal – Section 101A Employment Rights Act 1996 The Claimant, who worked as a Kitchen Porter, had been denied his right to a rest break (contrary to Regulation 10 WTR and his contractual entitlement) … Continue reading Pazur v Lexington Catering Services Ltd: EAT 20 Aug 2019
EAT JURISDICTIONAL POINTS – Worker, employee or neitherThe Claimant employee was given notice that his contract would expire on 1 December 2008.By a letter dated 26 November 2008 the Respondent employer informed the Claimant employee ‘I write to confirm that you can be released today and will still be paid up to and including your … Continue reading Wedgewood v Minstergate Hull Ltd: EAT 13 Jul 2010
In a case on the issue of sufficiency of qualifying service for bringing an ordinary case of unfair dismissal, the court considered the allocation of the burden of proof in employment cases. Held: The burden is upon he who is seeking to rely upon the exception to bring himself within it. The court also considered … Continue reading Smith v Hayle Town Council: CA 1978
The various insured defendants had been driven in the insured vehicles by a non-insured driver. Suffering injury at the negligence of the driver, they recovered variously damages. Their insurance companies sought recovery of the sums paid from their respective insureds under the policy terms, section 151 and under European law. Appeals and cross appeals were … Continue reading Churchill Insurance Company Ltd v Wilkinson and Others: CA 19 May 2010
The defendant implemented a voluntary retirement scheme under which benefits were calculated according to the period of service of the employee. The plaintiff claimed that the scheme discriminated against workers who had taken career breaks, and therefore against women. Held: A severance pay scheme, which calculated the amount payable according to length of service and … Continue reading Barry v Midland Bank Plc: HL 22 Jul 1999
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
The claimant had been employed through an employment agency to carry out work for the respondent. He appealed against dismissal of his appeal against a ruling that he was not a worker for the respondent under the 1996 Act. He said that the Employment judge had not given him appropriate assistance as a litigant in … Continue reading Muschett v HM Prison Service: CA 2 Feb 2010
