Click the case name for better results:

Israr v The Blue Cross: EAT 12 Nov 1996

Citations: [1996] UKEAT 1202 – 95 – 1211 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 Israr v The Blue Cross: EAT 12 Nov 1996

Del Grosso v Tom Cobleigh Plc: EAT 17 Dec 1996

Citations: [1996] UKEAT 1058 – 95 – 1712 Links: Bailii 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 of law raised. Bingham … Continue reading Del Grosso v Tom Cobleigh Plc: EAT 17 Dec 1996

Bennett v Sergio Gambi and others: EAT 14 May 1996

Appeal against rejection of sex harassment and discrimination claim. She said that the tribunal had given no clear inication that her allegations were either accepted or rejected. Held: The decision adequately clarified that the tribunal had rejected the claimant’s evidence, and this concclusion was capable of being drawn from the evidence and circumstances. The appeal … Continue reading Bennett v Sergio Gambi and others: EAT 14 May 1996

Qureshi v Victoria University of Manchester: EAT 21 Jun 1996

The Industrial Tribunal only has jurisdiction to consider and rule upon the act or acts of which complaint is made to it. The questions on a complaint of race discrimination are: (a) Did the act complained of actually occur? (b) If the act complained of occurred in time, was there a difference in race involving … Continue reading Qureshi v Victoria University of Manchester: EAT 21 Jun 1996

Hinkley v Ashtons Manufacturing Ltd, Thomas A Ashton Ltd P Crook: EAT 18 Mar 2002

EAT Contract of Employment – Breach of ContractThe appellant had owned a company. She sold the shares to the second respondent in return for a position as a director. After dismissal she appealed several findings. Held: The tribunal deciding an issue as to jurisdiction had pre-empted the job of the tribunal of making findings as … Continue reading Hinkley v Ashtons Manufacturing Ltd, Thomas A Ashton Ltd P Crook: EAT 18 Mar 2002

Tsangacos v Amalgamated Chemicals Ltd and Another: EAT 6 Nov 1996

The Chairman of a tribunal may always hear questions as to matters of jurisdiction alone. Citations: Times 06-Nov-1996, [1997] IRLR 4 Statutes: Industrial Tribunals Act 1996 4(6) Citing: Disapproved – Mobbs v Nuclear Electric Ltd EAT 8-Aug-1996 An IT Chair should not sit alone at preliminary hearing if evidence is to be given. . . … Continue reading Tsangacos v Amalgamated Chemicals Ltd and Another: EAT 6 Nov 1996

Johnson v HM Prison Service and Others: EAT 31 Dec 1996

Awards of damages for race discrimination were proper against both the employer, and an individual racist employee. 28k was not too much. Aggravated damages might be appropriate for direct discrimination where a complainant relied upon malice of conduct as a source of aggravation of hurt to feelings. Smith J reviewed the authorities on compensation for … Continue reading Johnson v HM Prison Service and Others: EAT 31 Dec 1996

Cabezuelo v Stella Travel Serivces Uk Ltd and Another (Practice and Procedure – Disposal of Appeal Including Remission): EAT 17 Oct 2018

PRACTICE AND PROCEDURE – Disposal of appeal including remission The parties agreed that the Claimant’s appeal against a Costs Order made against him in the Employment Tribunal (‘ET’) should be allowed to the extent of deducting the VAT which had wrongly been included in the sum ordered to be paid. In allowing the appeal and … Continue reading Cabezuelo v Stella Travel Serivces Uk Ltd and Another (Practice and Procedure – Disposal of Appeal Including Remission): EAT 17 Oct 2018

CA, RA, RB and RC v News Group Newspapers Ltd (Practice and Procedure: Restricted Reporting Order): EAT 13 May 2016

EAT 1. The Employment Judge had jurisdiction to consider an extant RRO notwithstanding the fact that the claims had been withdrawn on settlement. The Employment Tribunal was not functus as the Appellants sought to argue. 2. Nor did the RRO expire automatically upon withdrawal. Rule 50(1) of the 2013 Rules permits RROs that are wider … Continue reading CA, RA, RB and RC v News Group Newspapers Ltd (Practice and Procedure: Restricted Reporting Order): EAT 13 May 2016

Clarke v The Restaurant Group (UK) Ltd (Practice and Procedure): EAT 20 Jul 2021

The claimant in the employment tribunal was a litigant in person. Upon consideration of her claim form under rule 12 Employment Tribunals Rules of Procedure 2013, a judge determined that there were two complaints, being of (a) ordinary unfair dismissal, in respect of which the claimant lacked qualifying service, and which was dismissed; and (b) … Continue reading Clarke v The Restaurant Group (UK) Ltd (Practice and Procedure): EAT 20 Jul 2021

Drake International Systems Ltd and Others v Blue Arrow Ltd (Practice and Procedure): EAT 27 Jan 2016

EAT PRACTICE AND PROCEDURE JURISDICTIONAL POINTS A Claimant brought proceedings against a parent company, and properly completed early conciliation procedures in respect of the matter between them. Once proceedings had been issued, the parent company argued that the proper Respondents were four subsidiaries of it. The Claimant successfully applied to amend to substitute those subsidiaries … Continue reading Drake International Systems Ltd and Others v Blue Arrow Ltd (Practice and Procedure): EAT 27 Jan 2016

Mist v Derby Community Health Services NHS Trust (Practice and Procedure: Amendment): EAT 22 Jan 2016

EAT PRACTICE AND PROCEDURE – Amendment TRANSFER OF UNDERTAKINGS – Transfer TRANSFER OF UNDERTAKINGS – Consultation and other information Application to amend existing ET proceedings to add a claim against a Second Respondent (the transferee in a TUPE transfer). Without determining the date of the transfer but assuming liability for the Claimant’s employment and any … Continue reading Mist v Derby Community Health Services NHS Trust (Practice and Procedure: Amendment): EAT 22 Jan 2016

Britannia Building Society v Griffiths: EAT 26 Jan 1996

[1996] UKEAT 493 – 95 – 2601 Bailii 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 of law raised. … Continue reading Britannia Building Society v Griffiths: EAT 26 Jan 1996

Remploy Ltd v Abbott and Others (Practice and Procedure : Amendment): EAT 24 Apr 2015

EAT Practice and Procedure : Amendment – Case management 1. These proceedings involve approximately 1,600 individual claims for unfair dismissal arising out of mass redundancies when the Respondent, ‘Remploy’, closed some 60 plants in 2012 and 2013. 2. The Employment Tribunal had carefully and effectively managed the case on the basis of proceeding with a … Continue reading Remploy Ltd v Abbott and Others (Practice and Procedure : Amendment): EAT 24 Apr 2015

EF v AB and Others (Practice and Procedure : Restricted Reporting Order): EAT 25 Mar 2015

EAT PRACTICE AND PROCEDURE Restricted order reporting Disposal of appeal including remission The Employment Tribunal erred in refusing to extend Restricted Reporting Orders in respect of a Respondent to Employment Tribunal proceedings and a non-party. They failed to carry out the assessment of comparative importance of the Article 8 and Article 10 rights engaged in … Continue reading EF v AB and Others (Practice and Procedure : Restricted Reporting Order): EAT 25 Mar 2015

Scott v W F Refrigeration Ltd: EAT 20 May 1996

[1996] UKEAT 65 – 95 – 2005 Bailii 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 of law raised. … Continue reading Scott v W F Refrigeration Ltd: EAT 20 May 1996

Wolfe v North Middlesex University Hospital Nhs Trust (Practice and Procedure: Appellate Jurisdiction/Reasons/Burns-Barke): EAT 9 Apr 2015

EAT Practice and Procedure: Appellate Jurisdiction/Reasons/Burns-Barke 1. Section 21 of the Employment Tribunals Act 1996 gives jurisdiction to the Employment Appeal Tribunal to entertain appeals from a ‘decision’ of the Employment Tribunal. 2. A useful working definition of the term ‘decision’ which is not defined in the Act, is that to be found in Rule … Continue reading Wolfe v North Middlesex University Hospital Nhs Trust (Practice and Procedure: Appellate Jurisdiction/Reasons/Burns-Barke): EAT 9 Apr 2015

Selkent Bus Co Ltd v Moore: EAT 2 May 1996

The claimant had been summarily dismissed. His application at first made no mention of a complaint that it had related to his trades union activities. He wrote to the secretary seeking amendment of his claim to include a claim that his dismissal was automatically unfair by reason of those activities. By this time the three … Continue reading Selkent Bus Co Ltd v Moore: EAT 2 May 1996

X v Y (Employment: Sex Offender): CA 28 May 2004

The claimant had been dismissed after it was discovered he had been cautioned for a public homosexual act. He appealed dismissal of his claim saying that the standard of fairness applied was inappropriate with regard to the Human Rights Act, and that the state had a duty to protect him from private acts which breached … Continue reading X v Y (Employment: Sex Offender): CA 28 May 2004

Cranwell v Cullen (Practice and Procedure: Preliminary Issues): EAT 20 Mar 2015

Practice and Procedure: Preliminary Issues. The claimant appealed against the dismissal of her claim on the basis that she had not first taken the matter to conciliation through ACAS. He claim was of sexual harrassment and she had an interdict to prevent the employer contacting her. The rule excluding such claims appeared strict, but the … Continue reading Cranwell v Cullen (Practice and Procedure: Preliminary Issues): EAT 20 Mar 2015

Acts

1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts

Thind v Salvesen Logistics Ltd: EAT 13 Jan 2010

EAT Claim struck out on non-compliance with unless order – Tribunal refuses to review. Held: Judge should have conducted a review hearing – Review conducted by the EAT using powers under section 35 of the Employment Tribunals Act 1996 and striking-out revoked – Observations on approach to such applications following Neary. Judges: Underhill J P … Continue reading Thind v Salvesen Logistics Ltd: EAT 13 Jan 2010

Castle View Services Limited v Howes and Everett and Fitzpatrick and Dalglish: SCS 29 Feb 2000

Though the Council Directive did not apply to sea-going vessels, the Court held that the crews of such vessels were not excluded from the benefit of the regulations. Judges: Lord Sutherland Citations: [2000] ScotCS 49, 2000 SLT 696 Links: Bailii, ScotC Statutes: Employment Tribunals Act 1996 Jurisdiction: Scotland Cited by: Cited – Parkwood Leisure Ltd … Continue reading Castle View Services Limited v Howes and Everett and Fitzpatrick and Dalglish: SCS 29 Feb 2000

Her Majesty’s Attorney General v Wheen: EAT 18 Apr 2000

An order restricting the right of a person to make application to an employment tribunal without the consent of the EAT, was properly made where the behaviour of the respondent in the past had justified it, despite the fact that no proceedings had been begun recently. In this case it appeared that the respondent had … Continue reading Her Majesty’s Attorney General v Wheen: EAT 18 Apr 2000

Abbey National Plc v Bascetta: EAT 5 Dec 2008

EAT PRACTICE AND PROCEDURE: Postponement or stay Employment Tribunal refused to postpone remedy hearing until after appeals by both parties heard at full hearing by the Employment Appeal Tribunal. Material factor not brought to Employment Judge by party opposing postponement application. Applying Wednesbury principles Judge was thereby led into error. Exercising powers of Employment Tribunal … Continue reading Abbey National Plc v Bascetta: EAT 5 Dec 2008

Tradition Securities and Futures Sa and Another v Times Newspapers Ltd and others: EAT 10 Nov 2008

EAT PRACTICE AND PROCEDURE: Restricted reporting order Restricted Reporting Order relating to allegations of sexual misconduct – Whether Tribunal entitled to vary order in order to permit naming of Claimants against the objection of the alleged perpetrators. Held: (a) that there were sufficient grounds to justify reconsideration by the Tribunal, notwithstanding a previous order prohibiting … Continue reading Tradition Securities and Futures Sa and Another v Times Newspapers Ltd and others: EAT 10 Nov 2008

John Lamb Partnership Ltd and Another v Parfett: EAT 2 Jul 2008

EAT PRACTICE AND PROCEDURE: Chairman alone The employer was debarred from participating in the proceedings for failing to lodge a response in time. The subsequent case was heard before an employment judge alone. The issue arose whether she had jurisdiction to hear it, or whether a full panel should have been provided. The EAT held … Continue reading John Lamb Partnership Ltd and Another v Parfett: EAT 2 Jul 2008

Romero v Nottingham City Council: EAT 26 Apr 2018

The appeal involved a reformulation of arguments run and rejected by the Employment Appeal Tribunal in HMRC v Serra Garau [2017] ICR 1121. Since Garau was not decided per incuriam and is not manifestly wrong, it should be followed: only one mandatory EC process is enacted by the EC provisions in section 18A Employment Tribunals … Continue reading Romero v Nottingham City Council: EAT 26 Apr 2018

Her Majesty’s Attorney General v Deman: EAT 1 Sep 2006

EAT Practice and Procedure: Restriction of Proceedings Order/Vexatious Litigant Litigant had brought forty claims for (mainly) race discrimination against higher education institutions, trade unions and others and had made over forty appeals to EAT and been repeatedly criticised for way in which those proceedings and appeals had been conducted. Held: To have habitually and persistently … Continue reading Her Majesty’s Attorney General v Deman: EAT 1 Sep 2006

Gover and others v Propertycare Ltd: CA 28 Mar 2006

The claimants appealed dismissal of their claims for unfair dismissal, on the basis that they had been substantially dismissed as sales agents after rejecting conditions imposed unilaterally by their employers. Their damages had been limited to the loss of the consultation period to which they would have been entitled. Held: The appeal failed. The court … Continue reading Gover and others v Propertycare Ltd: CA 28 Mar 2006

Attorney General v D’Souza: EAT 19 Jul 2004

EAT Application by the Attorney-General for a Restriction of Proceedings Order pursuant to section 33 of the Employment Tribunals Act 1996 granted. It is not open to the Employment Appeal Tribunal considering an application under section 33 to revisit the conclusions of the judges in the underlying proceedings upon which the application is based. Citations: … Continue reading Attorney General v D’Souza: EAT 19 Jul 2004

Okugade v Shaw Trust: EAT 11 Aug 2005

Practice and Procedure: Amendment In determining the Applicant’s application to amend his originating application so as to include allegations of post employment victimisation. Is it fatal in such an application that the instances of victimisation (or his knowledge of them) post dates the receipt of the originating application by the Employment Tribunal. Citations: [2005] UKEAT … Continue reading Okugade v Shaw Trust: EAT 11 Aug 2005

Hogan v Cambridgeshire County Council: EAT 25 Jul 2001

The appellant claimed unfair dismissal. The respondent claimed that at the time of the alleged dismissal, her contract had expired by operation of law, it having been frustrated by her long term sickness. Whether it had been frustrated was a question of fact for the tribunal, not the EAT. EAT Unfair Dismissal – Reason for … Continue reading Hogan v Cambridgeshire County Council: EAT 25 Jul 2001

Bennett v London Borough of Southwark: CA 21 Feb 2002

Mrs Bennet was employed by the respondent. She had made complaints of race and sex discrimination. She was then dismissed, and claimed this was victimisation. Part way through the hearing, her representative failed in an application for an adjournment, and said that if he had been white, his application would have been granted. The tribunal … Continue reading Bennett v London Borough of Southwark: CA 21 Feb 2002

Deman v Association of University Teachers and Another: EAT 6 Jun 2001

Appeal against order of tribunal for adjournment to allow vexatious litigant application against the applicant. Citations: [2001] UKEAT 1311 – 00 – 0606 Links: Bailii Statutes: Employment Tribunals Act 1996 33 Citing: See Also – John Hardie v the City of Edinburgh Council for Judicial Review of A Decision To Remove the Petitioner From the … Continue reading Deman v Association of University Teachers and Another: EAT 6 Jun 2001

Hyde v Lehman Brothers Ltd: EAT 4 Aug 2004

Judges: Cox J Citations: [2004] UKEAT 0121 – 04 – 0408 Links: Bailii Jurisdiction: England and Wales Citing: See also – Hyde v Lehman Brothers Limited EAT 22-Mar-2004 EAT Unlawful Deduction from Wages EAT Unlawful Deduction from Wages – (no sub-topic). . . Cited by: Cited – Science Warehouse Ltd v Mills EAT 9-Oct-2015 EAT … Continue reading Hyde v Lehman Brothers Ltd: EAT 4 Aug 2004

P v West Dorset General Hospital NHS Trust: EAT 9 Jun 2004

EAT Practice and Procedure – Postponement or stay – Application for stay of ET proceedings pending GMC professional misconduct hearing refused. No error of law; if so; stay appropriate. Judges: His Honour Judge Clark Citations: UKEAT/0288/04, [2004] UKEAT 0288 – 04 – 0906 Links: Bailii, EAT Statutes: Employment Tribunal Procedure Regulations 2001 10(2)(d), Employment Tribunals … Continue reading P v West Dorset General Hospital NHS Trust: EAT 9 Jun 2004

Vento v The Chief Constable of West Yorkshire Police (No 2): CA 20 Dec 2002

The claimant had been awarded damages for sex discrimination, including a sum of andpound;25,000 for injury to feelings. The respondent appealed. Held: The Court of Appeal looked to see whether there had been an error of law in the employment tribunal decision. It did not look to see whether the Employment Appeal Tribunal had erred … Continue reading Vento v The Chief Constable of West Yorkshire Police (No 2): CA 20 Dec 2002

BBC Scotland v Souster: SCS 7 Dec 2000

English and Scottish are Separate Racial Groups The English and Scottish peoples are recognised as separate racial groups. Discrimination on the basis that someone was English or Scottish was therefore discrimination for the purposes of the 1976 Act. Since Parliament had not amended or defined the concept of national origins when passing the 1976 Act, … Continue reading BBC Scotland v Souster: SCS 7 Dec 2000

Aziz v Bethnal Green City Challenge Company Limited: CA 25 May 1999

The notice of appeal was served three days late. The Registrar and Morison J refused to extend time, the judge concluding that the explanation for the delay was honest and full, but not acceptable. Held: Permission to appeal was refused. Sir Christopher Staughton said: ‘I would only add this in relation to the merits. Mummery … Continue reading Aziz v Bethnal Green City Challenge Company Limited: CA 25 May 1999

Akhigbe v St Edwards Home Ltd and Others: EAT 8 Mar 2019

JURISDICTIONAL POINTS – 2002 Act and pre-action requirements The employment judge had erred in rejecting a second claim brought by the Claimant against the same two Respondents as an earlier claim (the first claim) brought by him. The first and second claims were claims ‘relating to’ the same ‘matter’ for the purposes of the early … Continue reading Akhigbe v St Edwards Home Ltd and Others: EAT 8 Mar 2019

The Governing Body of Tywyn Primary School v Aplin: EAT 10 Oct 2018

PRACTICE AND PROCEDURE – Appearance/response In circumstances in which an Appellant is to be understood as consenting to an extension of time for lodging a response to the appeal and the Registrar of the EAT making an Order by consent, the Order is to be construed as granting an extension of time only for the … Continue reading The Governing Body of Tywyn Primary School v Aplin: EAT 10 Oct 2018

Lodwick v London Borough of Southwark: EAT 7 Mar 2003

The applicant was employed by the respondent and sought leave to work for the CAB for a year, requesting a sabbatical. Leave was refused. He applied to the employment tribunal, but objected that the chairman had, in a previous case, indicated his strong dislike of the applicant. The chairman refused to recuse himself. Held: The … Continue reading Lodwick v London Borough of Southwark: EAT 7 Mar 2003

York City and District Travel Ltd v Smith: EAT 1990

In March 1988 the employers, the bus company, York City and District Travel Limited negotiated an agreement with the trade union varying their employees contracts of employment so as to provide that the employers were entitled to deduct any cash shortages from the wages of staff handling cash. On the 10th June 1988 minutes of … Continue reading York City and District Travel Ltd v Smith: EAT 1990

Leicester University v A: EAT 23 Mar 1999

A body corporate was not an individual capable of protection from publicity in industrial tribunal proceedings in which some sexual misconduct was alleged. Nor is an incorporated body to be considered among the persons affected by such allegations. Citations: Times 23-Mar-1999 Statutes: Employment Tribunals Act 1996 11(6) Employment Updated: 09 April 2022; Ref: scu.83024

Ministry of Defence v Dixon: EAT 4 Oct 2017

EAT Unfair Dismissal : Dismissal : Ambiguous Resignation – PRACTICE AND PROCEDURE – Application/claim – Amendment – Appellate jurisdiction/reasons/Burns-Barke – Unfair dismissal – dismissal – fixed-term employee – Practice and procedure – claim – application to amend – whether raised below – appellate jurisdiction – The Claimant, not legally trained and acting in person (assisted … Continue reading Ministry of Defence v Dixon: EAT 4 Oct 2017

De Mota v ADR Network and Another: EAT 13 Sep 2017

Jurisdictional Points – Early conciliation provisions The Employment Judge erred in law in: (1) Examining the process prior to the grant of an early conciliation certificate in order to assess whether the Claimant was barred from instituting proceedings by section 18A(8) of the Employment Tribunals Act 1996. (2) Holding that it was a mandatory requirement … Continue reading De Mota v ADR Network and Another: EAT 13 Sep 2017

Chard v Trowbridge Office Cleaning Services Ltd: EAT 4 Jul 2017

PRACTICE AND PROCEDURE – Application/claim PRACTICE AND PROCEDURE – Preliminary issues PRACTICE AND PROCEDURE – Time for appealing The Employment Judge had erred in law when considering whether an error as to the correct name of the Respondent in an early conciliation certificate was a ‘minor error’ and whether it was not in the interests … Continue reading Chard v Trowbridge Office Cleaning Services Ltd: EAT 4 Jul 2017

HM Revenue and Customs v Garau: EAT 24 Mar 2017

EAT Practice and Procedure : Application/Claim – Preliminary issues The early conciliation certificate provisions introduced from 6 April 2014 do not allow for more than one certificate of early conciliation per ‘matter’ to be issued by ACAS. If more than one such certificate is issued, a second or subsequent certificate is outside the statutory scheme … Continue reading HM Revenue and Customs v Garau: EAT 24 Mar 2017

HM Attorney General v Taheri: EAT 25 Feb 2022

Practice and Procedure – restrictions of proceedings order/vexatious litigant – section 33 of the Employment Tribunals Act 1996 The Respondent had made over 40 claims in the Employment Tribunal over a period of some ten years, all relating to unsuccessful applications for employment. Many of the claims had been withdrawn before they could be determined … Continue reading HM Attorney General v Taheri: EAT 25 Feb 2022

Science Warehouse Ltd v Mills: EAT 9 Oct 2015

EAT Practice and Procedure : Amendment – Amendment of an ET claim to add a new cause of action – ACAS Early Conciliation (Section 18A Employment Tribunals Act 1996 (as amended)) At a Preliminary Hearing, the Claimant applied to amend to add a new claim (victimisation), which post-dated the ET1. The Respondent objected solely on … Continue reading Science Warehouse Ltd v Mills: EAT 9 Oct 2015

Martineau and Others v Ministry of Justice: EAT 17 Jun 2015

EAT Practice and Procedure: Appellate Jurisdiction/Reasons/Burns-Barke – PART TIME WORKERS Jurisdiction – Employment Appeal Tribunal – Appeals by persons not party to the proceedings before the Employment Tribunal Part time workers – discrimination The appeal concerned claims by fee-paid immigration Judges that they were treated less favourably than salaried Judges as fee-paid Judges were paid … Continue reading Martineau and Others v Ministry of Justice: EAT 17 Jun 2015

HM Attorney General v Groves: EAT 14 Oct 2014

EAT Practice and Procedure: Restriction of Proceedings Order EAT PRACTICE AND PROCEDURE – Restriction of proceedings order/vexatious litigant Order restricting proceedings where habitual and persistent claims that are vexatious have been made by the Respondent without reasonable grounds. Simler J [2014] UKEAT 0162 – 14 – 1410 Bailii Employment Tribunals Act 1996 33 England and … Continue reading HM Attorney General v Groves: EAT 14 Oct 2014

Sunley v HMP Durham: EAT 12 Mar 2009

EAT PRACTICE AND PROCEDURE – Striking-out/dismissal / Review Review of strike-out decision. Employment Tribunal misunderstanding of agreed fact on material to exercise of discretion. EAT allowed appeal and exercised s35(1) Employment Tribunals Act 1996 powers. Application of CPR 3.9(1) factors, so far as material. Strike-out set aside. Remitted to Employment Tribunal for substantive determination. peter … Continue reading Sunley v HMP Durham: EAT 12 Mar 2009

Graham v University College London Hospitals NHS Foundation Trust and Others: EAT 23 Jul 2013

EAT RACE DISCRIMINATION The appeal had proceeded on two grounds: (1) That the Employment Tribunal had failed to deal expressly in its judgment with one identified issue relating to a complaint of race discrimination: that was so but it was also clear that the Claimant had not produced any evidence to support her complaint; the … Continue reading Graham v University College London Hospitals NHS Foundation Trust and Others: EAT 23 Jul 2013

Stott v Leadec Ltd (Human Rights : Litigation Capacity): EAT 20 Feb 2020

At the outset of a Preliminary Hearing, the ELAAS representative raised concerns as to the Appellant’s litigation capacity. Adjourning the hearing on terms enabling the investigation of that issue, the EAT held that section 30(3) of the Employment Tribunals Act 1996 (‘the ETA’) provides the EAT with the power to regulate its own procedure, subject … Continue reading Stott v Leadec Ltd (Human Rights : Litigation Capacity): EAT 20 Feb 2020

Bryan v College of North West London (Race Discrmination): EAT 25 Jul 2018

RACE DISCRMINATION VICTIMISATION DISCRIMINATION – Other forms of victimisation PRACTICE AND PROCEDURE – Disposal of appeal including remission The Employment Tribunal erred in failing to decide two of the complaints before them. However, on the unchallenged findings of fact there could have only been one outcome, that the complaints would have been dismissed. This is … Continue reading Bryan v College of North West London (Race Discrmination): EAT 25 Jul 2018

Attorney General v McCluskey: EAT 9 Jun 2009

EAT PRACTICE AND PROCEDURE: Restricted reporting orderAfter 12 unsuccessful applications, numerous review applications, all dismissed, and at least 31 appeals, all dismissed or stayed, and substantial and persistent vexatious correspondence, an indefinite Restriction of Proceedings Order made. Burton J [2009] UKEAT 0118 – 09 – 0906 Bailii Employment Tribunals Act 1996 33 England and Wales … Continue reading Attorney General v McCluskey: EAT 9 Jun 2009

TIC International Ltd v Ali: EAT 22 Mar 2016

EAT Jurisdictional Points : 2002 Act and Pre-Action Requirements – The Claimant complied with the early conciliation requirements of the Employment Tribunals Act 1996 section 18A. The Employment Tribunals (Early Conciliation: Exemptions and Rules of Procedure) Regulations 2014 apply. The Claimant had given ACAS the wrong name for his employer but the current address. When … Continue reading TIC International Ltd v Ali: EAT 22 Mar 2016

Compass Group UK and Ireland Ltd v Morgan: EAT 26 Jul 2016

Satisfaction of Early Conciliation requirements EAT Practice and Procedure: Preliminary Issues – This appeal raises a question of procedure in relation to the early conciliation provisions introduced by the Enterprise and Regulatory Reform Act 2013, namely whether an early conciliation certificate obtained by a ‘prospective claimant’ can cover future events. The Employment Judge held that … Continue reading Compass Group UK and Ireland Ltd v Morgan: EAT 26 Jul 2016

William Jones’s Schools Foundation v Parry: EAT 2 Aug 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

Bournemouth University Higher Education Corp v Buckland: EAT 8 May 2009

EAT UNFAIR DISMISSAL: Constructive dismissalWhether fundamental breach of implied term of trust and confidence cured, so that the Claimant’s resignation did not amount to constructive dismissal.Whether the range of reasonable responses test has any place in the question as to whether an employee has been constructively dismissed. Fairbrother and Claridge considered and not followed.General observations … Continue reading Bournemouth University Higher Education Corp v Buckland: EAT 8 May 2009

Small and others v The Boots Co Plc and Another: EAT 23 Jan 2009

EAT CONTRACT OF EMPLOYMENT: Written particularsUNLAWFUL DEDUCTION FROM WAGESIn determining claims under a discretionary bonus scheme the Employment Judge erred in failing to decide whether the scheme had any contractual content and, if so, what. (Horkulak v Cantor Fitzgerald [2005] ICR 402.) A claim for a bonus under a ‘substantially equivalent’ scheme on a TUPE … Continue reading Small and others v The Boots Co Plc and Another: EAT 23 Jan 2009

Cumbria Probation Board v Collingwood: EAT 28 May 2008

EAT DISABILITY DISCRIMINATION Disability / Disability related discrimination / Reasonable adjustments JURISDICTIONAL POINTS >2002 Act and pre-action requirements The date of disability is a fact found by an Employment Tribunal on the basis of medical and other evidence. When a consultant gave a range of dates for the onset of a condition, the Employment Tribunal … Continue reading Cumbria Probation Board v Collingwood: EAT 28 May 2008

Barton v Investec Henderson Crosthwaite Securities Ltd: EAT 6 Mar 2003

EAT Sex Discrimination – Inferring DiscriminationThe claimant sought compenstion for sex discrimination. She appealed a finding of a material factor justifying the difference in pay. Held: The new provisions included reference to the Code of Practice issued by the Equal Opportunities Commission, which provided that the employer should provide a transparent system for setting pay … Continue reading Barton v Investec Henderson Crosthwaite Securities Ltd: EAT 6 Mar 2003

Storer v British Gas plc: CA 25 Feb 2000

An industrial tribunal hearing conducted behind the locked doors of the chairman’s office was not held in public, even if, in fact, no member of the public was prevented from attending. The obligation to sit in public was fundamental, and the tribunal had no jurisdiction to conduct itself in this way. The industrial tribunal system … Continue reading Storer v British Gas plc: CA 25 Feb 2000

The New Testament Church of God v Reverend Stewart: CA 19 Oct 2007

The appellant appealed a finding that the respondent had been its employee, saying he was a minister of religion. Held: The judge had been entitled to find an intention to create legal relations, and therefore that the claimant was an employee. ‘The religious beliefs of a community may be such that their manifestation does not … Continue reading The New Testament Church of God v Reverend Stewart: CA 19 Oct 2007

Camden Primary Care Trust v Atchoe: EAT 22 Aug 2006

EAT Unlawful Deduction from Wages – Ready, Willing and Able to Work As the Employment Tribunal had found that the Respondent had the right to take the Claimant off stand-by duties on health and safety grounds, the consequent reduction in pay was not an unauthorised deduction. He was then paid what was properly payable under … Continue reading Camden Primary Care Trust v Atchoe: EAT 22 Aug 2006

The Polygon Corporation v Tregunna: EAT 14 Nov 2001

The claimant alleged unfair dismissal. The respondent failed to enter a response within the period required, and was refused an extension of time. It appealed that refusal, saying the tribunal had failed to allow for the factors enumerated in the Kwik Save case. The respondent claimed those guidelines had been superceded by the newer rules. … Continue reading The Polygon Corporation v Tregunna: EAT 14 Nov 2001

Prakash v Wolverhampton City Council: EAT 1 Sep 2006

EAT The Claimant was employed on a fixed term contract. During the terms of the contract he was dismissed for misconduct and made an application to the Employment Tribunal (ET) claiming unfair dismissal. He appealed but the appeal was heard after the date when the contract would have expired by effluxion of time. The appeal … Continue reading Prakash v Wolverhampton City Council: EAT 1 Sep 2006

Dafiaghor-Olomu v Community Integrated Care: EAT 1 Jun 2022

Unfair Dismissal, Practice and Procedure – The EAT considered the meaning of s. 124(5) of the Employment Rights Act 1996 and concluded that payments to account should be deducted from the overall award before the applying the statutory cap even if that meant that the employer did not get any benefit from payments to account. … Continue reading Dafiaghor-Olomu v Community Integrated Care: EAT 1 Jun 2022

Secretary of State for Trade and Industry v Rutherford and others: HL 3 May 2006

The claimant sought to establish that as a male employee, he had suffered sex discrimination in that he lost rights to redundancy pay after the age of retirement where a woman might not. Held: The appeal was dismised. There were very few people affected by the provisions, and provisions were on their face non-dicriminatory. Was … Continue reading Secretary of State for Trade and Industry v Rutherford and others: HL 3 May 2006

Mars UK Ltd T/A Masterfoods v K Parker: EAT 24 Oct 2005

EAT Whether an Employment Tribunal took a permissible approach to determining that a dismissal was unfair, in circumstances in which it did not clearly set out the terms of section 98 of the Employment Rights Act 1996. Whether on the facts it substituted its own view of the occurrence and quality of misconduct for that … Continue reading Mars UK Ltd T/A Masterfoods v K Parker: EAT 24 Oct 2005

1 Pump Court Chambers v Horton: EAT 2 Dec 2003

The chambers appealed a finding of discrimination, saying that a pupil was not a member of the set so as to qualify under the Act. Held: The barristers set or chambers was a trade organisation, but the position of a pupil barrister was not that of a member of that chambers so as to attract … Continue reading 1 Pump Court Chambers v Horton: EAT 2 Dec 2003

Perth and Kinross Council v Ann Howard: EAT 4 Sep 2001

The employee had been permitted to work additional hours for another employer. She continued that work during a period of extended sickness, and was dismissed for misconduct. The tribunal held that the involvement of the auditor both in the investigation, and in the decision making process was a breach of natural justice, and the dismissal … Continue reading Perth and Kinross Council v Ann Howard: EAT 4 Sep 2001

Williams v J Walter Thompson Group Ltd: CA 17 Feb 2005

In giving their decision, the court reminded tribunals when preparing their judgments, to make sure the reasons were user friendly. Here time had been wasted with confusion about the Roman Numerals used to number the reasons. Judges: Mummery LJ, Chadwick LJ, Tuckey LJ Citations: [2005] EWCA Civ 133, Times 05-Apr-2005, [2005] IRLR 376 Links: Bailii … Continue reading Williams v J Walter Thompson Group Ltd: CA 17 Feb 2005

Dignity Funerals Limited v Bruce: OHCS 14 Oct 2004

The employee was found to have been unfairly dismissed. The employer appealed the compensatory award which was based on his depressive illness. They said that the illness predated the dismissal. Held: The EAT’s decision was set aside. In increasing the award, the EAT had misconstrued the representations made by the appellant’s solicitors, but should itself … Continue reading Dignity Funerals Limited v Bruce: OHCS 14 Oct 2004

Law Society v Bahl: CA 30 Jul 2004

The claimant had succeeded before the employment tribunal in her claim of race discrimination by the respondent and senior officers. She now appealed the reversal of that judgment. The claimant asked the tribunal to draw inferences of discrimination from her unreasonable treatment. Held: The ability and readiness of a tribunal to infer discriminatory motives from … Continue reading Law Society v Bahl: CA 30 Jul 2004

Eildon Ltd v Sharkey: EAT 28 Jul 2004

EAT Practice and Procedure – Employment Tribunal made adverse findings against Respondent when the point had not been put to its 3 witnesses in XX. Remit to new Employment Tribunal. Judges: McMullen QC J Citations: [2004] UKEAT 0109 – 03 – 2807, EATS/0109/03 Links: Bailii, EAT Statutes: Employment Rights Act 1996 99 Jurisdiction: England and … Continue reading Eildon Ltd v Sharkey: EAT 28 Jul 2004

Serco Ltd v Lawson and Foreign and Commonwealth Office: CA 23 Jan 2004

The applicant had been employed to provide services to RAF in the Ascension Islands. He alleged constructive dismissal. There was an issue as to whether somebody working in the Ascension Islands was protected by the 1996 Act. The restriction on jurisdiction in s196 had been removed. The question now was as to what test applied … Continue reading Serco Ltd v Lawson and Foreign and Commonwealth Office: CA 23 Jan 2004

Matheson v Mazars Solutions Ltd: EAT 16 Dec 2003

EAT Practice and Procedure – Application. The application had been presented timeously at the ET in Edinburgh, but was out of time when retransmitted to Glasgow. The tribunal had found the Edinburgh office to be an area office, and not a regional office and therefore the application was not accepted within the Regulations. The appellant … Continue reading Matheson v Mazars Solutions Ltd: EAT 16 Dec 2003

Chessington World of Adventures Ltd v Reed: EAT 27 Jun 1997

News Group Newspapers Ltd had been joined as a party, in order that it could argue the obvious public interest relating to the importance, which has long been accepted in the courts, of the interest, not just of the press but of the public generally, in freedom of reporting and openness in court hearings. Discrimination … Continue reading Chessington World of Adventures Ltd v Reed: EAT 27 Jun 1997