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A v B: EAT 4 May 2021

The employment tribunal had struck out a claim under Rule 37(1)(b)(c) and (e) of the 1993 Rules. It concluded that certain email communications from the Claimant to a witness were ‘scandalous, unreasonable and vexatious’ in that they were designed . .

Sheriff v Klyne Tugs (Lowestoft) Ltd: CA 24 Jun 1999

The Claimant complained to an industrial tribunal of unlawful racial discrimination. He had suffered a nervous breakdown and was certified as unfit for work due to stress. The employer had compromised all claims justiciable by the Employment tribunal. Held: The employment tribunal had similar powers to the county court when hearing cases alleging the tort … Continue reading Sheriff v Klyne Tugs (Lowestoft) Ltd: CA 24 Jun 1999

Millicom Service UK Ltd and Others v Clifford: EAT 11 May 2022

Practice and procedure – rule 50(1) schedule 1 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 The respondents made an application under rule 50(1) schedule 1 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 (‘the ET Rules’) to prohibit the disclosure of information relating to specified matters on the … Continue reading Millicom Service UK Ltd and Others v Clifford: EAT 11 May 2022

O’Dea v ISC Chemicals Ltd: CA 4 Aug 1995

Where the performance of union duties stopped a worker from doing the job he was employed for properly, a redundancy selection was possible. Here there was no redundancy comparator for a shop steward spending half his time on union activities. The court cautioned against use of phrases about procedural unfairness: ‘In my judgment, in a … Continue reading O’Dea v ISC Chemicals Ltd: CA 4 Aug 1995

E v X and Another (Juridictional : Time Points and Practice and Procedure): EAT 10 Dec 2020

Two appeals against the order of an employment tribunal which had revisited the order of an earlier tribunal of equivalent jurisdiction, in the absence of a material change in circumstances, or the original order being based on a material omission or mistreatment, or some other substantial reason necessitating the interference, would be allowed. The orders … Continue reading E v X and Another (Juridictional : Time Points and Practice and Procedure): EAT 10 Dec 2020

Ijomah v Nottinghamshire Healthcare NHS Foundation Trust (Practice and Procedure – Unless Orders): EAT 12 Jun 2020

In a case involving multiple claims of protected disclosure detriment, and a claim of unfair dismissal by reason of protected disclosures, the Employment Tribunal erred in its approach to whether there had been material non-compliance with an Unless Order that was attached to an earlier Order requiring further particulars of the claims. The EAT made … Continue reading Ijomah v Nottinghamshire Healthcare NHS Foundation Trust (Practice and Procedure – Unless Orders): EAT 12 Jun 2020

Department of Work and Pensions v Boyers (Disability Discrimination): EAT 24 Jun 2020

The Claimant, who was disabled within the meaning of the Equality Act 2010, was dismissed by the Respondent whilst on sickness absence. An Employment Tribunal found that the Claimant had been unfairly dismissed, contrary to the provisions of the Employment Rights Act 1996. The Tribunal also upheld the Claimant’s claim that her dismissal constituted disability … Continue reading Department of Work and Pensions v Boyers (Disability Discrimination): EAT 24 Jun 2020

Paul v East Surrey District Health Authority: CA 1995

Only in exceptional cases will different treatment of employees of itself amount to an unfairness. Citations: [1995] IRLR 305 Jurisdiction: England and Wales Citing: Appeal from – East Surrey District Health Authority v Paul EAT 4-May-1993 . . Cited by: Cited – Associated Society of Locomotive Engineers and Firemen v Brady EAT 31-Mar-2006 The reason … Continue reading Paul v East Surrey District Health Authority: CA 1995

Schonheit v Stadt Frankfurt am Main; Becker v Land Hessen: ECJ 23 Oct 2003

ECJ Social policy – Equal pay for men and women – Applicability of Article 119 of the EC Treaty (Articles 117 to 120 of the EC Treaty have been replaced by Articles 136 EC to 143 EC) and Article 141(1) and (2) EC and of Directive 86/378/EEC or Directive 79/7/EEC – Meaning of pay – … Continue reading Schonheit v Stadt Frankfurt am Main; Becker v Land Hessen: ECJ 23 Oct 2003

Cumming v British Airways Plc: EAT 22 Jan 2021

The Claimant was a female member of British Airways (BA’s) Eurofleet aircrew. BA had a policy (accepted as being a PCP) that members of crew who took parental leave under the Maternity and Parental Leave etc Regulations 1999 would have one paid rest day removed for each three days’ parental leave taken in any monthly … Continue reading Cumming v British Airways Plc: EAT 22 Jan 2021

Iqra Community Primary School v Mansur (Whistleblowing : Protected Disclosure): EAT 5 Nov 2020

An Employment Tribunal erred by permitting the Claimant to amend her claim to add new allegations of whistleblowing detriment and by listing a final hearing without notice to the Respondent, in a case where the Respondent had made no response to the claim. The amendment decision was made without sufficient consideration of the guidance in … Continue reading Iqra Community Primary School v Mansur (Whistleblowing : Protected Disclosure): EAT 5 Nov 2020

Wheatstone v Blakeney News Food and Wine Ltd and Others (Disability Discrimination): EAT 11 Feb 2020

An Employment Tribunal was entitled to find, on the medical evidence before it, that the admitted disability, namely epilepsy, was not the reason for the Appellant’s absence from work. Consequently, its finding that the Respondent’s unfavourable treatment of her arising from the that absence was not related to the disability was not an error of … Continue reading Wheatstone v Blakeney News Food and Wine Ltd and Others (Disability Discrimination): EAT 11 Feb 2020

Pranczk v Hampshire County Council: EAT 12 Jun 2020

The Claimant in the Employment Tribunal, who was a litigant in person, presented a claim form which, it was not disputed, raised claims for wages and in respect of loss of annual leave entitlement. The Claimant did not attend the full merits hearing. The Tribunal dismissed her claims on the basis that the wages had … Continue reading Pranczk v Hampshire County Council: EAT 12 Jun 2020

Tough v Revenue and Customs (Practice and Procedure – Strike Out): EAT 14 Feb 2020

The Claimant’s claims of direct disability discrimination and harassment had been struck out after a Preliminary Hearing at which the Employment Tribunal (‘ET’) had determined he was not a disabled person for the purposes of the Equality Act 2010. The Claimant appealed, complaining that the ET had erred: (1) in failing to make findings as … Continue reading Tough v Revenue and Customs (Practice and Procedure – Strike Out): EAT 14 Feb 2020

Koenig v The Mind Gym Ltd: EAT 8 Mar 2013

EAT Unfair Dismissal : Exclusions Including Worker/JurisdictionThe question was the date on which the Claimant began work for the Respondent, for the purpose of calculating sufficient service to bring a claim for unfair dismissal. She had been engaged from 1 October, and dismissed one day short of a year’s service. She argued that her attendance … Continue reading Koenig v The Mind Gym Ltd: EAT 8 Mar 2013

Secretary of State for Business Innovation and Skills v Mcdonagh and Others: EAT 14 Feb 2013

EAT Rights On InsolvencyTwo separate Employment Tribunals decided that Claimants who had been employed (without knowing it) by a company which had entered a CVA were entitled to claim arrears of pay and holiday pay from the National Insurance Fund when subsequently the company went into liquidation. In each case, the reasoning was flawed: the … Continue reading Secretary of State for Business Innovation and Skills v Mcdonagh and Others: EAT 14 Feb 2013

The United States of America v Nolan: CA 4 Feb 2014

The employee was made redundant from working at a US watercraft repair base. She complained that on the base closing the appellant had failed to consult with her as employee representative. The appellant denied that obligation. After a reference to the ECJ, the court now considered a new issue. Judges: Moore-Bick, Rimer, Underhill LJJ Citations: … Continue reading The United States of America v Nolan: CA 4 Feb 2014

Richards v Manpower Services Ltd: EAT 3 Apr 2013

EAT Practice and Procedure : Striking-Out/Dismissal – Unless Order – non-compliance – effect The Respondent had failed to comply with an ‘unless order’ and had made no application in any form for relief against sanction. The Employment Judge declined to make an order striking out the Respondent’s responses: he ought to have made an order … Continue reading Richards v Manpower Services Ltd: EAT 3 Apr 2013

Secretary of State for Business Innovation and Skills v Pengelly and Another: EAT 14 Feb 2013

EAT Rights On Insolvency – Two separate Employment Tribunals decided that Claimants who had been employed (without knowing it) by a company which had entered a CVA were entitled to claim arrears of pay and holiday pay from the National Insurance Fund when subsequently the company went into liquidation. In each case, the reasoning was … Continue reading Secretary of State for Business Innovation and Skills v Pengelly and Another: EAT 14 Feb 2013

British Newspaper Printing Corporation v Kelly: CA 1989

A group of employees had brought proceedings which appeared (though there was some ambiguity) to be intended as claims for redundancy payments. More than three months after the effective date of termination they sought to amend to plead alternative claims for unfair dismissal. Held: In hearing appeals from the EAT the first question the court … Continue reading British Newspaper Printing Corporation v Kelly: CA 1989

Chief Constable of Merseyside Police v Knox (Victmisation): EAT 22 Jan 2021

The Claimant in the Employment Tribunal, a police officer serving with the Respondent Force, made a number of subject access requests to the Respondent’s Data Access Unit (DAU). One of these, made in 2017, (SAR1) was for all emails sent within the Force ‘with a connection to me’ between 2002 and 2017. The Respondent was … Continue reading Chief Constable of Merseyside Police v Knox (Victmisation): EAT 22 Jan 2021

Patel v City of Wolverhampton College (Practice and Procedure): EAT 19 Jun 2020

The Employment Appeal Tribunal declined to extend time for the presentation of a Notice of Appeal against one Judgment of the Employment Tribunal and dismissed a validly presented Appeal against a second Judgment which refused the Claimant’s request for reconsideration of the first. After the Employment Tribunal’s Judgments had been promulgated, and after the presentation … Continue reading Patel v City of Wolverhampton College (Practice and Procedure): EAT 19 Jun 2020

Firsteel Ltd v Sherwin and others: EAT 13 Dec 1993

Citations: [1993] UKEAT 654 – 91 – 1312 Links: Bailii Jurisdiction: England and Wales Citing: Cited – Meek v City of Birmingham District Council CA 18-Feb-1987 Employment Tribunals to Provide Sufficient ReasonsTribunals, when giving their decisions, are required to do no more than to make clear their findings of fact and to answer any question … Continue reading Firsteel Ltd v Sherwin and others: EAT 13 Dec 1993

Wellman Alloys Ltd v Russell: 1973

Only economic losses are recoverable following a dismissal. Citations: [1973] ICR 616 Jurisdiction: England and Wales Citing: Followed – Norton Tool Co Ltd v Tewson NIRC 30-Oct-1972 (National Industrial Relations Court) The court was asked to calculate damages on a dismissal, and particularly as to whether the manner of the dismissal should affect the damages. … Continue reading Wellman Alloys Ltd v Russell: 1973

St Mungos Community Housing Association v Andrews (Procedure : Victimisation): EAT 21 Jan 2021

Procedure/victimisation The Employment Tribunal erred in making findings, and upholding a victimisation claim, on the basis of a protected act that had never been pleaded: Chapman v Simon [1994] IRLR 124 CA applied. The Employment Tribunal further erred, on the specific circumstances of this case, in making adverse credibility findings of a witness, from which … Continue reading St Mungos Community Housing Association v Andrews (Procedure : Victimisation): EAT 21 Jan 2021

Daly v BMI Healthcare Ltd (Unfair Dismissal): EAT 9 Apr 2021

UNFAIR DISMISSAL; remedy; compensation; perversity. The Employment Tribunal found that the appellant had been unfairly dismissed. It awarded compensation on the basis that, had the respondent correctly addressed its true reason for dismissing him, the appellant would have been fairly dismissed within six months because he had become unmanageable, and this had led to a … Continue reading Daly v BMI Healthcare Ltd (Unfair Dismissal): EAT 9 Apr 2021

Tesco Stores Ltd v Element and Others (Practice and Procedure): EAT 13 Jan 2021

Tesco Stores Ltd is the Respondent to Equal Value Claims brought by approximately 9,000 Claimants. The issue in this Appeal is whether the Watford Employment Tribunal erred in law in making Orders against Tesco for the disclosure of documents and the provision of information relating to comparators. Tesco contends that the Claimants’ pleaded cases disclose … Continue reading Tesco Stores Ltd v Element and Others (Practice and Procedure): EAT 13 Jan 2021

Palihakkara v Robertson Bell Ltd and Another (Race Discrimination and Victimisation : Time Points): EAT 14 Apr 2021

PRACTICE AND PROCEDURE – Amendment RACE DISCRIMINATION AND VICTIMISATION – Time Points The Claimant was placed by the First Respondent (an agency) on a short-time assignment with the Second Respondent. She began work on 9 October 2017. On 9 November 2017 the Second Respondent terminated the assignment. It was agreed that the Claimant would work … Continue reading Palihakkara v Robertson Bell Ltd and Another (Race Discrimination and Victimisation : Time Points): EAT 14 Apr 2021

Gould v St John’s Downshire Hill (Unfair Dismissal – Marriage and Civil Partnership): EAT 5 Jun 2020

UNFAIR DISMISSAL MARRIAGE AND CIVIL PARTNERSHIP The vicar of an evangelical Christian church, who was dismissed in August 2016, alleged that his dismissal was because of the breakdown of his marriage and that his dismissal amounted to marriage discrimination and was unfair. The Employment Tribunal found, on the evidence, that the reason for dismissal was … Continue reading Gould v St John’s Downshire Hill (Unfair Dismissal – Marriage and Civil Partnership): EAT 5 Jun 2020

Begraj and Another v Secretary of State for Justice: QBD 12 Feb 2015

This Appeal raises a point of public importance, namely the scope and applicability of the doctrine of judicial immunity under section 9 (3) HRA 1998; and whether, in this case, that statutory immunity bars the Appellants’ cause of action against the Secretary of State in respect of the consequences of a meeting between the police … Continue reading Begraj and Another v Secretary of State for Justice: QBD 12 Feb 2015

Thomas v Expansys UK Ltd: EAT 27 Jun 2022

SEX DISCRIMINATION, RACE DISCRIMINATION, and JURISDICTIONAL/TIME POINTS The claimant brought various claims before the employment tribunal. The EJ struck out the claimant’s complaints of direct race and sex discrimination, harassment and victimisation. One issue raised on appeal was that the claimant was ‘put on the spot to define her case at the strike out hearing’ … Continue reading Thomas v Expansys UK Ltd: EAT 27 Jun 2022

Wilson Barca Llp and Another v Shirin (Jurisdictional and Time Points; Harassment): EAT 11 Jun 2020

JURISDICTIONAL AND TIME POINTS; HARASSMENT In a reserved judgment on liability, the Employment Tribunal upheld four allegations of harassment on the ground of the Claimant’s age, and two allegations of harassment on the ground of her sex. Ten months later, on the first day of the remedy hearing, the Respondents contended for the first time … Continue reading Wilson Barca Llp and Another v Shirin (Jurisdictional and Time Points; Harassment): EAT 11 Jun 2020

Garcia Mateos v Spain: ECHR 19 Feb 2013

ECHR Article 14DiscriminationFailure to enforce a judgment acknowledging gender discrimination against a working mother: violationFacts – In February 2003, relying on the labour regulations, the applicant asked her employer for a reduction in her working hours as she had custody of her son, who was under the six-year age-limit. When her employer refused, she brought … Continue reading Garcia Mateos v Spain: ECHR 19 Feb 2013

NGP Utilities Ltd v Dunnington (Unlawful Deduction From Wages): EAT 10 Nov 2020

The Employment Tribunal was wrong to refuse permission to the Respondent to rely on similar fact evidence in support of its contention that the Claimant mis-sold contracts and wrongly claimed commission on them. The effect of the evidence was that she had made dishonest commission claims in her previous and subsequently employment. The Employment Tribunal … Continue reading NGP Utilities Ltd v Dunnington (Unlawful Deduction From Wages): EAT 10 Nov 2020

T W White and Sons Ltd v White (Practice and Procedure): EAT 26 Mar 2021

There is a mandatory requirement pursuant to rule 72(1) of the Employment Tribunal Rules 2013 for an employment judge to determine whether there are reasonable prospects of a judgment being varied or revoked before seeking the other party’s response and the views of the parties as to whether the matter can be determined without a … Continue reading T W White and Sons Ltd v White (Practice and Procedure): EAT 26 Mar 2021

De Lacey v Wechseln Ltd (T/A The Andrew Hill Salon) (Ex Discrimination and Maternity Rights and Parental Leave): EAT 1 Apr 2021

The Appellant claimed that she had been discriminated against by the Respondent hair salon on the grounds of sex/maternity. She claimed that the Respondent had engaged in a course of discriminatory conduct consisting of various matters from May 2015 until she resigned and claimed constructive dismissal in January 2017. These included two particular matters in … Continue reading De Lacey v Wechseln Ltd (T/A The Andrew Hill Salon) (Ex Discrimination and Maternity Rights and Parental Leave): EAT 1 Apr 2021

Michalak v General Medical Council and Others: SC 1 Nov 2017

Dr M had successfully challenged her dismissal and recovered damages for unfair dismissal and race discrimination. In the interim, Her employer HA had reported the dismissal to the respondent who continued their proceedings despite the decision in her favour. The GMC now said that the availability of judicial review excluded her right to commence proceedings … Continue reading Michalak v General Medical Council and Others: SC 1 Nov 2017

Kadi v Commission: ECFI 30 Sep 2010

ECFI Common foreign and security policy – Restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaeda network and the Taliban – Regulation (EC) No 881/2002 – Freezing of a person’s funds and economic resources as a result of his inclusion in a list drawn up by a body of … Continue reading Kadi v Commission: ECFI 30 Sep 2010