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 Trade Union Rights : Action Short of Dismissal Detriment and dismissal Employment Tribunal failed to consider Respondent’s explanations for detrimental treatment/principal reason for dismissal on the causation issues in s.146 and 152 Employment Rights Act 1996 in relation to participation in the activities of an independent trade union at an appropriate time; erred in … Continue reading Serco Ltd v Dahou: EAT 14 Aug 2014

The Claimant, who was a Team Leader working in recycling, tested positive for cannabis as part of a random drugs test. He was dismissed on 31 March 2020 following a disciplinary hearing on the basis that he was under the influence of drugs which affected his performance. An appeal was unsuccessful. The Employment Tribunal held … Continue reading Renewi UK Services Ltd v Pamment (Unfair Dismissal): EAT 26 Oct 2021

Mr Lawson was employed by Serco as a security supervisor at the British RAF base on Ascension Island, which is a dependency of the British Overseas Territory of St Helena. Mr Botham was employed as a youth worker at various Ministry of Defence establishments in Germany; under the NATO Status of Forces Agreement of 1951 … Continue reading Serco Ltd v Lawson; Botham v Ministry of Defence; Crofts and others v Veta Limited: HL 26 Jan 2006

EAT Jurisdictional Points : Worker, Employee or Neither – WORKING TIME REGULATIONS – Worker CONTRACT OF EMPLOYMENT – Whether established Employment status. The Claimant lodged a claim of unfair dismissal, age discrimination and a claim for holiday pay. The Respondent denied that he was an employee, arguing that he was a self-employed independent contractor. The … Continue reading Conroy v Scottish Football Association Ltd: EAT 12 Dec 2013

EAT Unfair Dismissal – constructive dismissal 1. This is an appeal against the judgment of Employment Judge Baron sitting at London South promulgated on September 2013. By that judgement, the Employment Judge struck out the Claimant’s claim for unfair dismissal based on an alleged constructive dismissal, as having no reasonable prospect of success on the … Continue reading Cockram v Air Products Plc: EAT 21 May 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 – The Appellant contended that the EAT should lay down general guidance to the effect that an appeal panel decision must be followed by an employer in the absence of exceptional circumstances. He also contended that, if the Respondent was entitled not to follow the decision of the … Continue reading Kisoka v Ratnpinyotip (T/A Rydevale Day Nursery): EAT 11 Dec 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 Contract of Employment : Wrongful Dismissal – Implied term/variation/construction of term UNFAIR DISMISSAL – Contributory fault The Claimant was summarily dismissed. He brought a claim of wrongful dismissal. The Employment Judge found that he had been wrongfully dismissed, the conduct upon which the Respondent relied not being inadvertent and not in repudiatory breach. It … Continue reading Robert Bates Wrekin Landscapes Ltd v Knight: EAT 30 Jan 2014

EAT Unfair Dismissal : Reason for Dismissal Including Substantial Other Reason for dismissal including substantial other reason Reasonableness of dismissal Disciplinary process delegated to external HR consultants by this small employer. The reason for dismissal was the set of facts/beliefs in the mind of the consultants, even although the recommendation for dismissal required approval from … Continue reading GM Packaging (UK) Ltd v Haslem: EAT 29 Jan 2014

EAT Jurisdictional Points : Extension of Time: Reasonably Practicable – Extension of time: just and equitable – FIXED TERM REGULATIONS – Time limits. Employment Judge entitled to conclude that claims under Employment Rights Act 1996 made 5.5 years out of time should not proceed. Even if not reasonably practicable to present them within time, they … Continue reading Stephens v Kingston University Higher Education Corporation: EAT 10 Dec 2013

EAT Contract of Employment : Whether Established – VICTIMISATION DISCRIMINATION Health and safety Other forms of victimisation It is a prerequisite of the right under the Trade Union and Labour Relations (Consolidation) Act 1992 section 146 or under the Employment Rights Act 1996 of an employee not to have action short of dismissal taken against … Continue reading Smith v Carillion (JM) Ltd and Another: EAT 17 Jan 2014

EAT UNFAIR DISMISSAL – Reasonableness of dismissal Unfair dismissal – redundancy – reduction in number of employees and re-organisation of business – competitive interviews. The Claimant, deputy director of a business run by the Respondent, applied for a new post created in the course of a reduction in number of members of staff. The Respondent, … Continue reading Somerset County Council v H R Chaloner (Unfair Dismissal : Reasonableness of Dismissal): EAT 14 Oct 2013

The claimant alleged that he had been subject to detriment and dismissal because he had made public interest disclosures. The only relevant disclosure for the purposes of the appeal was one alleged to have been made orally at a meeting on 4 October 2017. The employment tribunal failed to determine what the claimant had said … Continue reading Lumb v Greater Manchester Police (Whistleblowing, Protected Disclosures): EAT 2 Sep 2021

EAT Age Discrimination : AGE RELATED DISMISSALThe Claimant was dismissed at age 65 consistently with the employer’s retirement policy. The Employment Tribunal found that he had been given proper notice of retirement and of the right to request that he be kept on for a further period. Such a request had been properly considered and … Continue reading Tajul-Arfeen v Health Protection Agency: EAT 29 May 2013

EAT UNFAIR DISMISSAL – Reasonableness of dismissalThe Appellant was the employer of both Respondents, until 27 November 2010 when both were dismissed. Following internal appeals, the decisions to dismiss were upheld. The Respondents lodged claims of unfair dismissal. It was agreed that the cases would proceed together and a hearing took place on the question … Continue reading Franco Pizza Ltd (T/A Domino’s Pizza) v Gould and Another: EAT 12 Mar 2013

The appellant challenged reversal by the EAT of a finding that it had not unlawfully victimised the respondents for the making of a protected disclosure. The claimant had reported a co-worker exaggerating his qualifications. After repeated investigations, the employer decided that the apology from the employee was enough. When the claimant persisted the employee who … Continue reading NHS Manchester v Fecitt and Others: CA 25 Oct 2011

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

EAT CONTRACTS OF EMPLOYMENT Written Particulars The employment tribunal can reformulate the juridical basis of a complaint so long as the facts upon which the complaint is based remain the same and the other party suffers no prejudice; Chapman v Simon distinguished; Dr P Evans v Parasol Ltd and RSA Consulting Ltd considered. The employment … Continue reading Southern Cross Healthcare Co Ltd v Perkins and Others: EAT 21 Apr 2010

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

The claimant had been dismissed from his post as chair of archeology after criticism of his marking practices. Though a report vindicated him, the respondent continued with disciplinary procedures. He claimed unfair dismissal. The EAT had allowed the university’s appeal saying that the found repudiatory breach had been remedied before the resignation. The University now … Continue reading Buckland v Bournemouth University Higher Education Corporation: CA 24 Feb 2010

EAT Victimisation Discrimination : Whistleblowing – PRACTICE AND PROCEDURE – Appellate jurisdiction/reasons/Burns-Barke – Employment Tribunal failed to explain sufficiently their reasoning on the causation issue in s.47B Employment Rights Act 1996 ‘whistle-blowing’ complaint. Case remitted to same ET for reconsideration. Peter Clark J [2013] UKEAT 0279 – 13 – 1102 Bailii Employment Rights Act 1996 … Continue reading Barclays Bank Plc v Mitchell: EAT 11 Feb 2014

EAT VICTIMISATION DISCRIMINATION – Protected disclosureS.47B of the Employment Rights Act 1996 provides that ‘A worker has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by his employer done on the ground that the worker has made a protected disclosure.’In cases where a Claimant has … Continue reading Fecitt and Others v NHS Manchester: EAT 23 Nov 2010

The applicant had appealed the dismissal of his case for unfair dismissal. His notice of appeal did not request extended reasons from the tribunal, nor challenged the adequacy of the tribunal’s reasoning. At the EAT he sought to argue that the reasons were inadequate, but he was not allowed to argue the point. The notice … Continue reading Tran v Greenwich Vietnam Community Project: CA 25 Apr 2002

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

EAT JURISDICTIONAL POINTS – Worker, employee or neither The Employment Judge was entitled on the facts that she found to conclude that the Claimant was in business on his own account rather than an ’employee’ or ‘worker’ within the meaning of sections 47B, 230(1) and 230(3) Employment Rights Act 1996. Serota QC [2012] UKEAT 0416 … Continue reading Suhail v Herts Urgent Care: EAT 14 Nov 2012

On being told he was to be dismissed, Mr Jones had taken early retirement. He made a claim in the County Court that his pension had been wrongly reduced, The court rejected his allegation that he had acted under duress. His subsequent claim of unfair dismissal in the Employment ribunal was also rejected, but his … Continue reading Jones v Mid-Glamorgan County Council: CA 13 May 1997

EAT Practice and Procedure: Disclosure – Disclosure – Rule 31 of the Employment Tribunal Rules of Procedure 2013 – ET Case Management Various Orders for specific disclosure had been made by the ET as part of its case management of the Appellant’s claims of unfair dismissal (section 98 Employment Rights Act 1996 (‘ERA’)) and automatic … Continue reading Gray v Merrill Lynch, Pierce, Fenner and Smith Ltd: EAT 16 Mar 2016

EAT CONTRACT OF EMPLOYMENT – Whether establishedThe Claimant, who is a solicitor, became a salaried partner in a partnership, which became a Limited Liability Partnership, which was the Respondent. The Claimant became a Fixed Share Partner. He received a salary and a designated but a small share of the profits. He was also liable to … Continue reading Tiffin v Lester Aldridge Llp: EAT 16 Nov 2010

EAT UNFAIR DISMISSAL Reason for dismissal including some other substantial reason The correct interpretation of section 106 of Employment Rights Act 1996 (‘the Act’) was considered. The condition set by section 106(2)(a) of the Act will not be met unless there is clear and unambiguous language used in the written information given to the employee … Continue reading Victoria and Albert Museum v Durrant: EAT 5 Jan 2011

EAT Unfair Dismissal: Dismissal/Ambiguous Resignation – The Employment Tribunal had found that there had been a consensual termination of the Claimant’s contract of employment and thus no dismissal for purposes of section 95(1)(a) Employment Rights Act 1996. The Claimant appealed. Held: Dismissing the appeal. The question for the ET had been: who had really ended … Continue reading Khan v HGS Global Ltd and Another (Unfair Dismissal: Dismissal/Ambiguous Resignation): EAT 16 Nov 2015

EAT WORKING TIME REGULATIONS – Holiday pay Mr Lock was at the material time employed by British Gas as a salesman. His remuneration package included a basic salary plus commission which was based on the number and type of contracts he persuaded customers to enter into; in other words it was results-based commission and did … Continue reading British Gas Trading Ltd v Lock and Another (Working Time Regulations : Holiday Pay): EAT 22 Feb 2016

The employer wrote to the employee on 29 November 2006 informing her of her dismissal, the letter arrived on the 30th, and she read it on the 4th of December. The employer appealed against a finding that the effective date of dismissal was the date on which she read the letter. Held: The appeal failed. … Continue reading Gisda Cyf v Barratt: CA 2 Jul 2009

EAT Jurisdictional Points : Extension of Time: Reasonably Practicable – Extension of time – reasonably practicable – section 111(2)(b) Employment Rights Act 1996 The Claimant sought to pursue a complaint of automatic unfair dismissal under section 104 ERA 1996 (alleging the reason for her dismissal was her assertion of a statutory right, namely the right … Continue reading Paczkowski v Sieradzka: EAT 19 Jul 2016

EAT Jurisdictional Points : Extension of Time: Reasonably Practicable – UNLAWFUL DEDUCTION FROM WAGES The Respondent employed the Claimants, who were members of the GMB. In order to avoid redundancies, the Respondent and GMB entered into an agreement which required the GMB to put a proposal to its members for a temporary reduction of working … Continue reading Abercrombie and Others v Aga Rangemaster Ltd: EAT 10 Oct 2012

EAT UNFAIR DISMISSAL Reason for dismissal including substantial other reason Compensation DISABILITY DISCRIMINATION – Disability related discrimination The decision of the Employment Tribunal that the dismissal of the Claimant pastry chef for using non-kosher jam in a product sold in an establishment subject to requirements of Kedassia was an act of victimisation under the Equality … Continue reading Carmelli Bakeries Ltd v Benali (Unfair Dismissal : Reason for Dismissal Including Substantial Other): EAT 31 Jul 2013

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