EAT DISABILITY DISCRIMINATION – Section 15 DISABILITY DISCRIMINATION – Reasonable adjustments UNFAIR DISMISSAL -Reasonableness of dismissal Disability discrimination – discrimination by means of unfavourable treatment because of something arising in consequence of disability – section 15 Equality Act 2010 Disability discrimination – discrimination by means of a failure to comply with a duty to make … Continue reading Birmingham City Council v Lawrence (Disability Discrimination): EAT 2 Jun 2017

EAT UNFAIR DISMISSAL – Reason for dismissal including substantial other reason UNFAIR DISMISSAL – Reasonableness of dismissal The Employment Judge erred in law in holding that to qualify as conduct within the meaning of section 98(2)(b) of the Employment Rights Act 1996 the conduct, in the view of the Tribunal, has to be culpable. The … Continue reading JP Morgan Securities Plc v Ktorza (Unfair Dismissal): EAT 11 May 2017

EAT JURISDICTIONAL POINTS – Claim in time and effective date of termination JURISDICTIONAL POINTS – Extension of time: reasonably practicable PRACTICE AND PROCEDURE – Costs PRACTICE AND PROCEDURE – Bias, misconduct and procedural irregularity Reconsideration – claim struck out as out of time – correct early conciliation notification and impact on time limit – whether … Continue reading Treska v The Master and Fellows of University and Another (Jurisdictional Points): EAT 21 Apr 2017

This appeal concerns the proper construction of section 43K (whistleblowers) and the application of that section to a certain category of doctors operating in the health service. Held: The appeal succeeded. Judges: Gloster VP CA, Elias LJJ, Moylan J Citations: [2017] EWCA Civ 329, [2017] WLR(D) 307, [2017] ICR 917, [2017] IRLR 623 Links: Bailii, … Continue reading Day v Health Education England and Others: CA 5 May 2017

EAT UNLAWFUL DEDUCTION FROM WAGESThe 78 Claimants were cabin crew employed by BA at their Manchester base. In October 2006 BA closed that base; they did not dismiss the Claimants; but they did not roster them for flying duties. If they had flown, the Claimants could have become entitled, depending on differing criteria, to payment … Continue reading Lucy and others v British Airways Plc: EAT 13 Jan 2009

Smartphone App Contractors did so as Workers The court was asked whether the employment tribunal was entitled to find that drivers whose work was arranged through Uber’s smartphone application work for Uber under workers’ contracts and so qualify for the national minimum wage, paid annual leave and other workers’ rights; or whether, as Uber contended, … Continue reading Uber Bv and Others v Aslam and Others: SC 19 Feb 2021

EAT UNFAIR DISMISSALReasonableness of dismissalProcedural fairness/automatically unfair dismissalThe Employment Tribunal failed to consider the effect of S98A(2) of the Employment Rights Act 1996. Had it done so it would have been bound to find that had the Respondent followed a fair dismissal procedure the Claimant would have been dismissed in any event. Judges: Serota QC … Continue reading Punch Pub Company Ltd v O’Neill: EAT 23 Jul 2010

The respondent worked as a consultant for the appellant through an intermediary agency. When the arrangement was terminated, she had made a claim alleging an unauthorised deduction from her wages in repect of a contractual period of one month’s notice. RSA appealed against an order re-instating the case after it had been struck out. Held: … Continue reading RSA Consulting Ltd v Evans: CA 23 Jul 2010

ECJ Unfair Dismissal: Reinstatement/Re-Engagement – Unfair dismissal – remedy – re-engagement – section 116 Employment Rights Act 1996 The Claimant was a long-serving Staff Nurse employed by the Respondent in AandE. During the course of a particularly stressful overnight shift, she had administered medication to four patients without prior prescription by a doctor and failed … Continue reading United Lincolnshire Hospitals NHS Foundation Trust v Farren: EAT 14 Nov 2016

EAT Unfair Dismissal: Reasonableness of Dismissal – Unfair dismissal – conduct dismissal taking into account previous final written warning – fairness of dismissal – section 98(4) Employment Rights Act 1996 The Claimant had been dismissed by reason of his conduct in making a false computer submission taken together with an extant final written warning for … Continue reading Perrys Motor Sales Ltd v Edwards: EAT 11 Nov 2016

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 – Procedural fairness/automatically unfair dismissal 1. Conduct. The Claimant’s employment was governed by royal charter and statute as well as his contract of employment. The Respondent was entitled to dismiss only for good cause as defined in the statute which, so far as material, required it to prove ‘conduct … Continue reading Dronsfield v University of Reading: EAT 21 Jul 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

EAT Unfair Dismissal: Reasonableness of Dismissal – CONTRACT OF EMPLOYMENT – Wrongful dismissal (1) Unfair dismissal. The Employment Judge’s reasons demonstrated that she fell into error of starting from her own findings rather than reviewing the actions of the Respondent in accordance with section 98(4) of the Employment Rights Act 1996. (2) The Employment Judge’s … Continue reading London Sovereign Ltd v Gallon: EAT 13 May 2016

EAT Unfair Dismissal: Reason for Dismissal Including Substantial Other Reason – Whether Employment Tribunal entitled to find unfair dismissal when reason for dismissal was some other substantial reason such as to justify dismissal – a breakdown in working relationships – without giving employee the opportunity to show that she could work with colleagues about whom … Continue reading Phoenix House Ltd v Stockman and Another: EAT 17 May 2016

EAT Unlawful Deduction From Wages – Unauthorised deduction of wages – section 13 Employment Rights Act 1996 The Claimant claimed he had been entitled to full pay for 12 months’ sick leave. That contention was founded upon his case that the Respondent had entered into a binding service agreement with him (as its Managing Director) … Continue reading Arley Homes North West Ltd v Cosgrave: EAT 14 Apr 2016

UNFAIR DISMISSAL – Automatically unfair reasons The Appellant contended that he had been dismissed by reason of the fact that he made a protected disclosure within the meaning of section 43B of the Employment Rights Act 1996. The Employment Tribunal held, at a Preliminary Hearing, that the disclosure made was not capable of amounting to … Continue reading Wharton v Leeds City Council (Unfair Dismissal: Automatically Unfair Reasons): EAT 6 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

Practice and Procedure: Appellate Jurisdiction/Reasons/Burns-Barke – PRACTICE AND PROCEDURE – Perversity PRACTICE AND PROCEDURE – Disposal of appeal including remission UNFAIR DISMISSAL – Constructive dismissal DISABILITY DISCRIMINATION – Reasonable adjustments Bias – perversity – inadequacy of reasons Incorrect approach to disability discrimination/reasonable adjustments claim under sections 20 and 21 Equality Act 2010 and in approach … Continue reading R v W: EAT 27 Jan 2016

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 (Unfair Dismissal: Automatically Unfair Reasons) The Appellant claimed that she had been dismissed for ‘whistleblowing’. She applied for interim relief under section 128 Employment Rights Act 1996. The Employment Judge rejected the application saying that although she thought the Appellant had a good arguable case she could not say that she had a pretty … Continue reading Parsons v Airplus International Ltd: EAT 4 Mar 2016

The claimant sought damages for constructive dismissal. He said that verbal abuse he had suffered from the manager damaged his health and destroyed the relationship of trust and confidence. Held: The manager was dictatorial and saw it as his role to be so. He brought to the executive and managerial level the habits of the … Continue reading Horkulak v Cantor Fitzgerald International: QBD 31 Jul 2003

Jurisdictional Points : Working Outside The Jurisdiction – Identity of employer: the claimant had a contract dated 1998 with a company, said no longer to exist. The respondents admitted that he was employed but there was a dispute by whom. The ET found that he was employed by the fourth respondent. It was argued by … Continue reading Wittenberg v Sunset Personnel Services Ltd and Others: EAT 21 Nov 2013

EAT Unfair Dismissal : Reasonableness of Dismissal – The Employment Judge found the Claimant’s dismissal to be unfair only by reason of disparity with the sanction imposed on another employee who received a final written warning. However the Employment Judge did not apply the guidance in Hadjioannou v Coral Casinos Ltd [1981] IRLR 352; if … Continue reading MBNA Ltd v Jones: EAT 1 Sep 2015

EAT Jurisdictional Points: Continuity of Employment Continuity of employment – Sections 210(5) and 218(6) Employment Rights Act 1996 (‘ERA’) In circumstances involving a change of employer, the Employment Tribunal (‘the ET’) had been wrong to consider that the presumption of continuity of employment provided by section 210(5) ERA applied (section 218(1) ERA). That did not, … Continue reading Schwarzenbach (T/A Thames-Side Court Estate v Jones: EAT 4 Sep 2015

EAT Victimisation Discrimination: Protected Disclosure One of the Claimant’s claims that he had made protected disclosures – and been subject to detriment and an automatically unfair dismissal as a result – was based on a written complaint that he and three other lorry drivers at a haulage depot had made. It was a complaint that … Continue reading Underwood v Wincanton Plc: EAT 27 Aug 2015

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 UNFAIR DISMISSAL – Automatically unfair reasons Protected disclosure – automatic unfair dismissal – section 103A Employment Rights Act 1996 Having found that the Claimant had been constructively dismissed and that the Respondent had not put forward any reason that was capable of being fair for the purposes of section 98 ERA; the Claimant’s dismissal … Continue reading Salisbury NHS Foundation Trust v Wyeth (Unfair Dismissal: Automatically Unfair Reasons): EAT 12 Jun 2015

EAT Transfer of Undertakings – JURISDICTIONAL POINTS – Continuity of employment The transferee employer appealed against a Decision of the Employment Tribunal (‘the ET’) that the employee’s continuity of employment was preserved by section 212(2) of the Employment Rights Act 1996, despite a transfer of the undertaking in which the employee was employed, between a … Continue reading Services for Education (S4E Ltd) v White and Another: EAT 10 Aug 2015

EAT Unfair Dismissal: Automatically Unfair Reasons – Automatic Unfair Dismissal – Section 100(1)(e) Employment Rights Act 1996 – Applying the two-stage approach laid down by the EAT in Oudahar v Esporta Group Ltd [2011] IRLR 730 (HHJ David Richardson presiding), the Claimant’s case before the Employment Tribunal did not satisfy the criteria required for the … Continue reading B v John Reid and Sons (Strucsteel) Ltd: EAT 21 May 2015

EAT Unfair Dismissal: Reason for Dismissal Including Substantial Other Reason – Contributory fault Polkey deduction The Claimant is a politician in Local Government and is currently the elected Mayor of Liverpool. This is an executive post and regarded as full-time. The position carries with it an annual allowance of almost andpound;80,000. The Claimant had previously … Continue reading Anderson v Chesterfield High School (Unfair Dismissal: Reason for Dismissal Including Substantial Other Reason): EAT 14 Apr 2015

Working Time Regulations – VICTIMISATION DISCRIMINATION – Detriment Employment Rights Act 1996 section 45A(1)(a), (b) and (c): right not to be subjected to detriment on the grounds that a worker has (a) refused (or proposed to refuse) to comply with a requirement which the employer imposed (or proposed to impose) in contravention of the Working … Continue reading Gale and Others v Mid and West Wales Fire Service (Working Time Regulations): EAT 10 Apr 2015

Unfair Dismissal: Contributory Fault – Polkey deduction Employment Rights Act 1996 sections 122(2) (basic award) and 123(1) and (6) (compensatory award) Unfair Dismissal – Compensatory Award – Polkey reduction Eady QC HHJ [2015] UKEAT 0287 – 14 – 1602 Bailii Employment Rights Act 1996 122(2) 123(1) 123(6) England and Wales Employment Updated: 29 December 2021; … Continue reading Williams v Amey Services Ltd (Unfair Dismissal: Contributory Fault): EAT 16 Feb 2015

EAT JURISDICTIONAL POINTS PRACTICE AND PROCEDURE – Costs The Claimant alleged unfair and/or wrongful dismissal, arising out of a resignation which the Employment Appeal Tribunal found had been made without any notice, and where there had been no repudiatory breach by the employer. Accordingly, the Claimant was not entitled to any award of compensation for … Continue reading Advanced Collection Systems Ltd v Gultekin (Jurisdictional Points): EAT 6 Feb 2015

The claimant worked as a driver for the respondent from February to September 2016. His claims included a claim that he had been underpaid the National Minimum Wage, and claims for holiday pay and of wrongful dismissal. At a preliminary hearing the tribunal determined that the claimant was an employee. At a further preliminary hearing, … Continue reading Augustine v Data Cars Ltd (National Minimum Wage): EAT 21 Jul 2021

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

EAT Unfair Dismissal: Reasonableness of Dismissal – Claim of unfair dismissal for conduct reason relating to misuse of Twitter. Application of section 98(4) Employment Rights Act 1996 and the range of reasonable responses test, Iceland Frozen Foods Ltd v Jones [1982] IRLR 439. Appeal on basis: (1) the Employment Judge had fallen into error of … Continue reading Game Retail Ltd v Laws: EAT 3 Nov 2014

EAT Unfair Dismissal – HUMAN RIGHTS – WORKING OUTSIDE THE JURISDICTION – An employee of a bank made allegations of financial malpractice, and was dismissed. He was Italian, and both lived and worked in Singapore. The contract under which he worked was subject to Singaporean law. The only connection his case had with the UK … Continue reading Smania v Standard Chartered Bank: EAT 5 Dec 2014

The employer disputed a finding that the Employment tribunal had jurisdiction over the employment claims made by the respondent. Rimer, Floyd, Macur LJJ [2014] EWCA Civ 1238 Bailii Employment Rights Act 1996 94(1), Employment Relations Act 1999 10 England and Wales Citing: Appeal from – Dhunna v Creditsights Ltd EAT 3-Apr-2013 EAT JURISDICTIONAL POINTS – … Continue reading Creditsights Ltd v Dhunna: CA 19 Sep 2014

EAT Time Off : Parental Leave/Dependant – UNFAIR DISMISSAL – Automatically unfair reasons – Appeal against findings of fact by the Employment Judge that sections 57A and 99 of the Employment Rights Act 1996 did not apply. The Employment Judge considered all relevant matters and was entitled to reach that conclusion. Appeal dismissed. Birtles J … Continue reading Ellis v Ratcliff Palfinger Ltd (Time Off : Parental Leave/Dependant): EAT 17 Sep 2014

EAT Unfair Dismissal – Contributory fault – Polkey deduction – The Employment Tribunal found the Claimant’s dismissal to be unfair because the principal reason was that the employee made a protected disclosure (section 103A of the Employment Rights Act 1996). Initially it made a basic award of andpound;3,325 and a compensatory award of andpound;30,616. The … Continue reading Hamer v Kaltz Ltd: EAT 4 Aug 2014

EAT Redundancy : Definition – UNFAIR DISMISSAL – Reason for dismissal including substantial other reason – Reasonableness of dismissal – Whether the Employment Tribunal was entitled to hold that two new posts replacing a single post held by the Claimant involved a diminutive in the requirement for employee(s) to do work of a particular kind … Continue reading Hakki v Instinctif Partners Ltd (Formerly College Hill Ltd): EAT 16 Jul 2014

EAT Unlawful Deduction From Wages – The Claimants declined to be taken to work at HMP Dartmoor on a road which had been closed following snowfall. On the question whether the Claimants reasonably believed that there were circumstances of danger which were serious and imminent, (section 44(1)(d) and (e) of the Employment Rights Act 1996), … Continue reading Edwards and Others v The Secretary of State for Justice: EAT 24 Jul 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