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
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 claimant, a consultant doctor, sought damages saying that his employer had failed to follow the contract when disciplining and dismissing him. The GMC had dismissed as unfounded the allegation on which the dismissal was based. He sought damages for the severe and continuing damages to his career. The court had limited his claim to … Continue reading Edwards v Chesterfield Royal Hospital NHS Foundation Trust: CA 26 May 2010
Bias may not be intentional The applicant claimed that he had been denied appointment to a job with London Regional Transport because he had brought a number of previous race discrimination claims against it or associated companies. An industrial tribunal had upheld his claim of victimisation contrary to section 2(1) of the 1976 Act, finding … Continue reading Swiggs and others v Nagarajan: HL 15 Jul 1999
The claimants complained of the system where they were obliged to work for free to claim Jobseekers Allowance. Held: The 2011 Regulations were required to specify the schemes under which the claimants were to claim. Instead, the regulations had named a scheme of work and the details of it were set out elsewhere. This did … Continue reading Reilly and Another, Regina (on The Application of) v Secretary of State for Work and Pensions: CA 12 Feb 2013
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
The applicant alleged that the rule under United Kingdom law whereby each time material is downloaded from the Internet a new cause of action in libel proceedings accrued (‘the Internet publication rule’) constituted an unjustifiable and disproportionate restriction on its right to freedom of expression. Held: The rule did engage the claimants right of free … Continue reading Times Newspapers Ltd (Nos. 1 And 2) v The United Kingdom: ECHR 10 Mar 2009
The applicants had been imprisoned and held without trial, being suspected of international terrorism. No criminal charges were intended to be brought. They were foreigners and free to return home if they wished, but feared for their lives if they did. A British subject, who was suspected in the exact same way, and there were … Continue reading A v Secretary of State for the Home Department, and X v Secretary of State for the Home Department: HL 16 Dec 2004
The House was asked as to the capacity of a limited company to sue for damage to its reputation, where it had no trading activity within the jurisdiction, and as to the extent of the Reynolds defence. The defendants/appellants had published an article which was said falsely to associate the claimants with terrorist activity. Held: … Continue reading Jameel v Wall Street Journal Europe Sprl: HL 11 Oct 2006
korashi_lhbEAT2011 EAT VICTIMISATION DISCRIMINATION – WhistleblowingRACE DISCRIMINATION – DirectJURISDICTIONAL POINTS – Claim in time and effective date of terminationPRACTICE AND PROCEDURENew evidence on appealAppellate jurisdiction/reasons/Burns-BarkeThe Employment Tribunal correctly dismissed PIDA claims as having failed to meet one or other of the conditions in Employment Rights Act 1996 s 47B 47C 47G and 47H, and further … Continue reading Korashi v Abertawe Bro Morgannwg University Local Health Board: EAT 12 Sep 2011
The claimant had been employed as a consultant orthodontist. She resigned claiming constructive dismissal and sex and race discrimination. The EAT reversed the findings on discrimination saying that they had not been sufficiently pleaded. The Court of Session re-instated the discrimination findings and the Board now appealed. Held: The Board’s appeal failed. Although the positions … Continue reading Hewage v Grampian Health Board: SC 25 Jul 2012
bateman_asdaEAT2010 EAT CONTRACT OF EMPLOYMENT: Incorporation into contract Asda wished to ensure that their entire store staff were employed on the same pay and work structure and this meant that those on the old regime had to transfer to a new regime. Some 9,330 employees agreed, but some did not. So when the new regime … Continue reading Bateman and Others v Asda Stores Ltd: EAT 11 Feb 2010
Result Decides Dscrimination not Motive The Council had allowed free entry to its swimming pools to those of pensionable age (ie women of 60 and men of 65). A 61 year old man successfully complained of sexual discrimination. Held: The 1975 Act directly discriminated between men and women by treating women more favourably on the … Continue reading James v Eastleigh Borough Council: HL 14 Jun 1990
The respondent appealed decisions by the court to allow claims for personal injury out of time. The claims involved cases of sexual abuse inflicted by its employees going back over many years. Held: The judge had misapplied the test laid down in Stebbings. The court of appeal had not previously considered how to apply its … Continue reading KR and others v Bryn Alyn Community (Holdings) Ltd and Another: CA 12 Feb 2003
EAT JURISDICTIONAL POINTS Worker, employee or neither Working outside the jurisdiction Whether LLP equity member was a limb (b) worker under section 230(3). Allowing Claimant’s appeal, she was. Applying Lawson v Serco, Duncombe (No. 2) and Ravat, on any view Employment Tribunal entitled to conclude that it had jurisdiction territorially to entertain both whistleblowing claim … Continue reading Clyde and Co Llp v Van Winkelhof: EAT 26 Apr 2012
‘Manifestly Inapproproiate’ is a general Test The Appellant was employed as Senior Project Leader – Technology. The Respondent raised issues about his performance. On 26 January 2016 an informal performance management process commenced and objectives were set, with targets to be measured in June 2016, October 2016 and January 2017. Before those deadlines arrived, his … Continue reading Fallahi v TWI Ltd (Unfair Dismissal): EAT 17 Aug 2021
The court considered the calculation of guarantee payments to be paid under the 1996 Act to employees who have been laid off or placed on short-time working because of a downturn in business. Sir Terence Etherton Ch, Kitchin, Underhill LJJ [2013] EWCA Civ 1148 Bailii Employment Rights Act 1996 England and Wales Citing: Appeal from … Continue reading Abercrombie and Others v Aga Rangemaster Ltd: CA 11 Oct 2013
EAT DISABILITY DISCRIMINATION – DisabilityJob offer to Claimant withdrawn allegedly as a result of her disclosing a history of depression – On a preliminary issue Tribunal holds that at the material time (June 2008) Claimant not suffering from ‘clinical depression’ amounting to a disability within the meaning of the Disability Discrimination Act 1995.Appeal allowed, and … Continue reading J v DLA Piper UK Llp: EAT 15 Jun 2010
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
Non-derogating control orders – HR Compliant MB and AF challenged non-derogating control orders made under the 2005 Act, saying that they were incompatible with their human rights. AF was subject to a curfew of 14 hours a day, wore an electronic tag at all times, could not leave a nine square mile area, and had … Continue reading Secretary of State for the Home Department v MB; Same v AF: HL 31 Oct 2007
The student, a Muslim wished to wear a full Islamic dress, the jilbab, but this was not consistent with the school’s uniform policy. She complained that this interfered with her right to express her religion. Held: The school’s appeal succeeded. The school had acted responsibly and carefully seeking to balance and respect several interests when … Continue reading Begum (otherwise SB), Regina (on the Application of) v Denbigh High School: HL 22 Mar 2006
Each claimant had graduated from a tertiary college and wished to stay on in the UK. They challenged the points based system for assessing elgibility introduced in 2008 after they had commenced their studies. The new rules tightened the criteria for staying. Held: The appeals succeeded. By 1969, immigration rules had by law shed the … Continue reading Secretary of State for The Home Department v Pankina: CA 23 Jun 2010
The defendant appealed against a striking out of part of its defence to the claim of defamation, pleading justification. Held: The Human Rights Convention had not itself changed the conditions for a plea of justification based upon reasonable belief that the claimant had acted criminally. The three conditions were: the inability to rely upon hearsay, … Continue reading Chase v Newsgroup Newspapers Ltd: CA 3 Dec 2002
Obligation to Perfom Work Personally was Critical This appeal concerns the status of a courier delivering goods by moped. The question on the appeal is whether an employment tribunal was entitled to find that the claimant, Mr Augustine, was a worker within the meaning of section 230(3)(b) of the Employment Rights Act 1996, and, in … Continue reading Stuart Delivery Ltd v Augustine: CA 19 Oct 2021
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 claimant asserted unfair dismissal after his contract was changed to provide that his post as head of the history department would be part time. He had been ill, and the head teacher reduced his teaching periods. He accepted the change in writing under protest in order to mitigate his loss. He said that the … Continue reading Hogg v Dover College: EAT 1990
The claimant owned a house by the river Thames at Hedsor Water. Public rights of navigation existed over the Thames from time immemorial, and its management lay with the respondent. Landowners at Hedsor had sought to assert that that stretch was now private. She appealed an order declaring the continued public rights. Held: The applicant … Continue reading Rowland v The Environment Agency: CA 19 Dec 2003
The parties disputed the effective date of termination of the claimant’s employment. Was it the date on which the letter notifying her was sent, or was it on the day she received it. She had been dimissed without notice, and the date was the date on which it took effect. The court was asked whether … Continue reading Gisda Cyf v Barratt: SC 13 Oct 2010
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
The court considered whether a teacher employed by the Secretary of State to teach in one of its European Schools was entitled to protection against unfair dismissal. Held: The claimants’ appeals were allowed and the cases remitted to the Employment Tribunals. The employments fell within the exeptions governing employment abroad identified in Lawsn -v- Serco. … Continue reading Duncombe and Others v Secretary of State for Children, Schools and Families (No 2): SC 15 Jul 2011
martinez_spainECHR1407 Grand Chamber – Article 8-1 Respect for private life Refusal to renew teacher of Catholic religion and morals’ contract after he publicly revealed his position as a ‘married priest’: no violation Facts – The applicant is a secularised Catholic priest. In 1984 he applied to the Vatican for dispensation from the obligation of celibacy. … Continue reading Martinez v Spain: ECHR 12 Jun 2014
The claimant was a solicitor partner with the appellant limited liability partnership at their offices in Tanzania. She disclosed what she believed to be money laundering by a local partner. She was dismissed. She had just disclosed her pregnancy and claimed also in sex discrimination. The company appealed findings as to jurisdiction saying that she … Continue reading Clyde and Co Llp and Another v Bates van Winkelhof: CA 26 Sep 2012
The claimant sought a share in the royalties from the song ‘A whiter shade of pale’ but had delayed his claim for 38 years. He had contributed the organ solo which had contributed significantly to the song’s success. He now sought a share of future royalties. Held: His appeal was allowed. Limitation did not apply, … Continue reading Fisher v Brooker and Others: HL 30 Jul 2009
The claimant contended for a common law remedy covering the same ground as the statutory right available to him under the Employment Rights Act 1996 through the Employment Tribunal system. Held: The statutory system for compensation for unfair dismissal is a complete system, and was intended to replace any common law action for damages arising … Continue reading Johnson v Unisys Ltd: HL 23 Mar 2001
EAT UNFAIR DISMISSAL: Contributory faultThe employers dismissed the employee after a bogus redundancy exercise, after she had knowingly taken paid holiday in excess of her holiday allowance and failed to apologise. The Tribunal found that she had been unfairly dismissed, of its own volition raised Polkey but did not raise or consider contributory fault which … Continue reading Swallow Security Services Ltd v Millicent: EAT 19 Mar 2009
One claimant said that as a foreign resident pensioner, she had been excluded from the annual uprating of state retirement pension, and that this was an infringement of her human rights. Another complained at the lower levels of job-seeker’s allowance payable to those under 25. Held: (Lord Carswell dissented in part.) The claims failed. The … Continue reading Carson, Regina (on the Application of) v Secretary of State for Work and Pensions; Reynolds v Same: HL 26 May 2005
Mr Addis was wrongfully and contumeliously dismissed from his post as the defendant’s manager in Calcutta. He sought additional damages for the manner of his dismissal. Held: It did not matter whether the claim was under wrongful dismissal. There was a breach of contract in not allowing the plaintiff to discharge his duties as manager, … Continue reading Addis v Gramophone Company Limited: HL 26 Jul 1909
The claimant had been employed as consultant surgeon. He had been dismissed in a manner inconsistent with the extress terms of his employment contract. He sought common law damages for the manner of his dismissal. The employer appealed. Held: (Lady Hale and Lords Kerr and Wilson dissenting) The appeals succeeded. The statutory scheme replaced the … Continue reading Edwards v Chesterfield Royal Hospital NHS Foundation Trust: SC 14 Dec 2011
EAT Disability Discrimination – Section 15 HARRASSMENT UNFAIR DISMISSAL – Constructive dismissal Equality Act 2010 (‘EqA’) sections 15 (unfavourable treatment because of something arising in consequence of disability) and 26 (harassment) Employment Rights Act 1996 sections 95(1)(c) (constructive dismissal) and 98 (unfair dismissal) On the Claimant’s claims of discrimination under sections 15 and 26 EqA … Continue reading Private Medicine Intermediaries Ltd v Hodkinson and Another: EAT 15 Jan 2016
EAT jurisdiction EAT Practice and Procedure : Application/Claim – The Appellant appealed against the Decision of the Employment Tribunal (‘the ET’) not to reject the Claimant’s claim form under Rule 12(1)(b) of Schedule 1 to the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 (‘the Rules’) and against a later Decision of the ET … Continue reading William Jones’s Schools Foundation v Parry: EAT 2 Aug 2016
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
The claimants had been employed by a local authority and then transferred to the respondents. They had had the benefit that their terms of employment were subject to collective agreement. The respondent was not part of the negotiation of later . .
It is settled law that to succeed in a complaint of automatically unfair dismissal for asserting a statutory right under s.104 Employment Rights Act 1996 there must have been an infringement of a statutory right, not merely an anticipation or threat . .
The applicants challenged the calculation of sums payable to them by the respondent after the insolvency of their respective employers. The ET had found against them, and they appealed. Payments were subject to a cap at pounds 220 per week. The . .
The employee alleged harassment and bullying against a more senior officer. After an investigation and appeal, the respondent found against the applicant, and withdrew his work on the television. He complained that he had been made subject to . .
The appellant had failed in an application for a redundancy payment, after his employer’s business closed after investigation for criminal activities. Upon learning of the investigation the appellant had resigned. The ET had said he might have . .
The claimant had developed an additive which would assist in making plastic bags bio-degradable. They alleged that, in breach of confidentiality agreements, the defendants had copied the product. The defendants said the confidentiality agreement was . .
A common law action for wrongful dismissal can at most yield compensation measured by reference to the salary that should have been paid during the contractual period of notice. Lord Reid said: ‘At common law a master is not bound to hear his . .
The respondent employer was one of five bodies responsible for assessing the technical documentation and quality managements systems of manufacturers of medical devices to ensure compliance with regulations and certifying that the medical devices . .
The complainants were local authority manual workers. The ‘blue book’ governing their terms required contracts to be for 37 hours unless justified otherwise, and for hours above that to be paid at overtime rates. These employees had contracts at 39 . .
Reverend Sharpe applied for the post of Rector of Teme Valley South. The right to present (or nominate) a member of the clergy to this living was vested in Mr and Mrs Miles but a person could not be nominated without the Bishop’s approval, which was . .
UNFAIR DISMISSAL – Procedural fairness/automatically unfair dismissal
A fair dismissal compliant with section 98(4) of the Employment Rights Act 1996 requires ‘as much investigation into the matter as was reasonable in all the circumstances of . .
EAT Unfair Dismissal: Reasonableness of Dismissal – The Employment Tribunal did not err in law in concluding that the final written warning issued to the Claimant by the Respondent was ‘manifestly inappropriate’: . .
In each case, the employee had retired after long term sickness. The Employment tribunal had upheld their ability to claim arrears of sickness pay arising under the 1998 Regulations, as an unlawful deduction from their wages. They now appealed . .
The plaintiffs were junior doctors employed by the respondents. Their terms had been collectively negotiated, and incorporated the Regulations. During the period of their employment different regulations had given and then taken way their right to . .
The first claimants were long standing employees. Mr Eastwood fell out with his manager, who disciplined him using false statements. When Williams refused to provide a false statement he too was disciplined. Each claimed damages for the injury to . .
(Grand Chamber) The applicant, a consultant psychiatrist, had conducted research with children under undertakings of absolute privacy. Several years later a researcher, for proper reasons, obtained court orders for the disclosure of the data under . .
A design for sunglasses was challenged for prior publication. However the law in England differed from that apparently imposed from Europe as to the existence of a 12 month period of grace before applying for registration.
Held: Instruments . .
The parties had engaged in a bitter 95 day trial in which allegations of forgery, theft, false accounting, blackmail and arson. A company owning patents and other rights had become insolvent, and the real concern was the destination and ownership of . .
A contract for services, which required the contractor to provide an alternate worker in case of sickness, could not be a contract of employment. Such a clause could not be said to require the services to be provided personally.
Mr Tanton . .
EAT Unfair Dismissal: Dismissal/Ambiguous Resignation
Unfair dismissal – dismissal – section 95(1)(a) Employment Rights Act 1996
The Claimant was an agency worker employed by the Respondent but . .
The Nursing and Midwifery Council (‘the Respondent’) appealed the Employment Tribunal’s (‘the Tribunal’) conclusion that the Claimant, a panel member chair of its Fitness to Practice Committee, was a worker within the meaning of section 230(3)(b) . .
JURISDICTION – TERRITORIAL SCOPE OF THE EMPLOYMENT RIGHTS ACT 1996 AND THE EQUALITY ACT 2020
The Claimant was a national of the Democratic Republic of Congo who was accepted on to the Second Respondent’s Associate Program in the USA. . .
The claimant pursued Employment Tribunal proceedings against the Immigration Service when his security clearance was withdrawn. The Tribunal allowed the respondent to use a closed material procedure under which it was provided with evidence unseen . .
In this case, the Employment Appeal Tribunal (EAT) was asked to interpret Section 98(4) of the Employment Rights Act 1996 (the 1996 Act) and decide whether in failing to place an employee whose post had become redundant on a list of workers whose . .
References: (1775) 1 Cowp 341, [1775] EngR 58, (1775) 98 ER 1120 Links: Commonlii, Commonlii Coram: Mansfield LCJ Ratio:Mansfield LCJ set out the principle of ex turpi causa non oritur actio: ‘The objection, that a contract is immoral or illegal as between plaintiff and defendant, sounds at all times very ill in the mouth of … Continue reading Holman v Johnson; 5 Jul 1775
The English legal system has been producing law reports since time immemorial, and the Scots for even longer. These pages are full of codes making reference to such series, with their wonderful array of abbreviations. You cannot enquire about the law without beginning at least to understand and use them. Here is a brief, but … Continue reading Reports
Our law-index is a substantial selection from our database. Cases here are restricted in number by date and lack the additional facilities formerly available within lawindexpro. Please do enjoy this free version of the lawindex. Case law does not ‘belong’ to lawyers. Judgments are made up of words which can be read and understood (if … Continue reading law index