The Claimant, disabled with asthma, failed in proceedings for unlawful disability discrimination. She appealed. The grounds of appeal challenged the Tribunal’s approach to the reasonable adjustments claim involving a complaint that the Respondent applied a PCP for employees to work in open-plan spaces, operationally allocated, in which the ambient temperature could not be controlled by … Continue reading Browne v The Commissioner of Police of The Metropolis: EAT 24 Apr 2018

EAT Unfair dismissal – Contributory faultEmployment Tribunal took into account post-dismissal behaviour in assessing reduction for contributory fault.Argument that Employment Tribunal had in mind assessing compensation as less because of after dismissal actions of Claimant dismissed not only on basis of what Employment Tribunal said, but on basis that Soros v Davison correctly applied: such … Continue reading Mullinger v Department for Work and Pensions: EAT 9 Feb 2007

EAT National minimum wage – Working time regulationsThe Claimant was employed as Warden of the Respondent’s Arts Centre. He and his wife, who also worked for the Respondent were required to live in a flat at the Arts centre. His case before the Employment Tribunal was that he actually worked well over 48 hours per … Continue reading Lynch v Bromley Arts Council: EAT 13 Feb 2007

EAT Practice and Procedure – Amendment; 2002 Act and Pre-action RequirementsWhether actual dismissal effectively withdrawn by employer during internal appeal process; whether Claimant should have permission to amend ET1 to add alternative claim of constructive (unfair) dismissal. Consideration of regs 6, 15 DR Regs. Application of Selkent principles. Judges: His Honour Judge Peter Clark Citations: … Continue reading Brock v Minerva Dental Ltd: EAT 15 Dec 2006

EAT Unfair dismissal – Automatically unfair reasonsA procedure will only have been completed within the meaning of section 98A(1)(b) of the Employment Rights Act 1996 if it has been completed in accordance with the requirements of Schedule 2 to the Employment Act 2002. Citations: [2006] UKEAT 0368 – 06 – 2012 Links: Bailii Citing: Cited … Continue reading Patel v Leicester City Council: EAT 20 Dec 2006

EAT Redundancy – Protective awardEmployees who were faced with redundancy obtained protective awards because of lack of consultation on the part of the employer. They continued to work and to receive salary during the protected period. The Employer’s contention that that their earnings during this period went to diminish the amount payable under the protective … Continue reading Cranswick Country Foods Plc v Beall and others: EAT 20 Dec 2006

EAT Contract of Employment – Written particularsNovation of contract of employment. Effect of statutory statement of terms and conditions of employment. Judges: Peter Clark J Citations: [2006] UKEAT 0423 – 06 – 2112 Links: Bailii Jurisdiction: England and Wales Employment Updated: 09 July 2022; Ref: scu.247866

EAT Contract of employment – Implied term/ variation/ construction of termUnfair dismissal – Procedural fairness/ automatically unfair dismissalThe decision of the Employment Tribunal that there was an implied mobility clause in the Claimant’s contract of employment was correct. The implication of such a term was both obvious and justified by custom and practice. The contracts … Continue reading Wise v London Borough of Redbridge: EAT 18 Dec 2006

EAT Practice and Procedure – Amendment. – Tribunal refused an application to amend a disability discrimination claim made on the first day of the hearing of an anticipated four day case. The claimant claimed that the Tribunal had erred in law in so refusing. The EAT held that there had been no such error; the … Continue reading Martin v Microgen Wealth Management Systems Ltd: EAT 20 Nov 2006

EAT Claimant found to have been unfairly dismissed in respect that when she was made redundant the respondents told her, in effect, not to bother applying for a new post that they were creating. The claimant did not, accordingly, apply for the post. The tribunal found that the chances of the claimant securing the post … Continue reading Glasgow School of Art v Taylor: EAT 14 Sep 2006

EAT The tribunal had been correct in finding that as between the church and a pastor there had been an intention to enter into legal relations with sufficient characteristics of a contract of service. Judges: Ansell J Citations: [2006] UKEAT 0293 – 06 – 2710, UKEAT/0293/06, [2007] IRLR 178 Links: Bailii, EAT Jurisdiction: England and … Continue reading New Testament Church of God v Stewart: EAT 27 Oct 2006

EU Appeal – Community official – Transfer of pension rights – Calculation of additional pensionable service – Equality of treatment. Judges: Advocate General Jacob Citations: C-227/04, [2006] EUECJ C-227/04 – O Links: Bailii Jurisdiction: European Cited by: Cited – Age UK, Regina (On the Application of) v Attorney General Admn 25-Sep-2009 Age UK challenged the … Continue reading Lindorfer v Council (Staff Regulations): ECJ 30 Nov 2006