Lawal v Northern Spirit Limited: HL 19 Jun 2003

Counsel appearing at the tribunal had previously sat as a judge with a tribunal member. The opposing party asserted bias in the tribunal.
Held: The test in Gough should be restated in part so that the court must first ascertain all the circumstances which have a bearing on the suggestion that the judge was biased. It must then ask whether those circumstances would lead a fair-minded and informed observer to conclude that there was a real possibility, or a real danger, the two being the same, that the tribunal was biased. The rules recognised the need to separate counsel’s practice from the area in which he sat. The threshold is only a real possibility of unconscious bias. One starts by identifying the circumstances which are said to give rise to bias. Would a fair minded and informed observer, having considered the given facts, conclude that there was a real possibility that the tribunal was biased. Mr Lawal has succeeded on the issue of principle raised by the Recorder objection.
Lord Steyn said: ‘Public perception of the possibility of unconscious bias is the key. It is unnecessary to delve into the characteristics to be attributed to the fair-minded and informed observer. What can confidently be said is that one is entitled to conclude that such an observer will adopt a balanced approach. This idea was succinctly expressed in Johnson v Johnson (2000) 201 CLR 488, 509, para 53, by Kirby J when he stated that ‘a reasonable member of the public is neither complacent nor unduly sensitive or suspicious.’

Judges:

L Bingham of Cornhill, L. Millett, L. Nicholls of Birkenhead, L. Rodger of Earlsferry, L. Steyn

Citations:

Gazette 17-Jul-2003, [2003] UKHL 35, [2003] ICR 856, [2004] 1 All ER 187

Links:

House of Lords, Bailii

Jurisdiction:

England and Wales

Citing:

Appeal fromAA Lawal v Northern Spirit Limited CA 9-Aug-2002
The appellant had had his case considered by the Employment Appeal Tribunal. He complained that his opponent had been represented in court by an advocate who himself sat part time in the EAT, and that this would lead to undue weight and respect . .
ApprovedPorter and Weeks v Magill HL 13-Dec-2001
Councillors Liable for Unlawful Purposes Use
The defendant local councillors were accused of having sold rather than let council houses in order to encourage an electorate which would be more likely to be supportive of their political party. They had been advised that the policy would be . .
CitedRegina v Gough (Robert) HL 1993
The defendant had been convicted of robbery. He appealed, saying that a member of the jury was a neighbour to his brother, and there was therefore a risk of bias. This was of particular significance as the defendant was charged with conspiracy with . .
CitedBelilos v Switzerland ECHR 29-Apr-1988
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (validity of declaration); Violation of Art. 6-1; Costs and expenses award – domestic proceedings; Costs and expenses award – . .
CitedTaylor v Lawrence CA 4-Feb-2002
A party sought to re-open a judgment on the Court of Appeal after it had been perfected. A case had been tried before a judge. One party had asked for a different judge to be appointed, after the judge disclosed that he had been a client of the firm . .
CitedWettstein v Switzerland ECHR 21-Dec-2000
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Pecuniary damage – claim rejected; Costs and expenses partial award – Convention proceedings; Costs and expenses partial award – national . .
CitedJohnson v Johnson 7-Sep-2000
(High Court of Australia) When looking to test whether a member of the public would perceive bias in a court, it is unnecessary to delve into the characteristics to be attributed to the fair-minded and informed observer. One is entitled to conclude . .
See AlsoLawal v Northern Spirit Ltd CA 19-Feb-2004
. .
See AlsoLawal v Northern Spirit Ltd EAT 15-Feb-1999
The appellant wished to pursue an appeal against the striking out of his claim, and objected that contrary to the Rules, a member of the board who had heard the pre-hearing review had also sat on the full hearing.
Held: The appeal should be . .
See AlsoLawal v Northern Spirit Ltd EAT 6-Oct-1999
The applicant objected that one of the lay members of the Appeal Tribunal had, on other occasions, sat with a recorder who, as counsel, was appearing for a party in that appeal.
Held: There was no real possibility of bias from this scenario. . .
See AlsoLawal v Northern Spirit Ltd EAT 15-Jan-2001
. .
See AlsoLawal v Northern Spirit Ltd EAT 15-Jan-2002
EAT Procedural Issues – Employment Appeal Tribunal. . .
See AlsoLawal v Northern Spirit Ltd CA 15-Jan-2002
Application for leave to appeal . .
See AlsoLawal v Northern Spirit Ltd EAT 15-Jan-2002
. .
CitedLawal v Northern Spirit Ltd CA 30-Oct-2002
. .

Cited by:

Appealed toAA Lawal v Northern Spirit Limited CA 9-Aug-2002
The appellant had had his case considered by the Employment Appeal Tribunal. He complained that his opponent had been represented in court by an advocate who himself sat part time in the EAT, and that this would lead to undue weight and respect . .
CitedPD, Regina (on the Application of) v West Midlands and North West Mental Health Review Tribunal Admn 22-Oct-2003
The claimant was detained as a mental patient. He complained that a consultant employed by the NHS Trust which detained him, also sat on the panel of the tribunal which heard the review of his detention.
Held: Such proceedings did engage the . .
CitedRegina on the Application of Mahfouz v The Professional Conduct Committee of the General Medical Council CA 5-Mar-2004
The doctor requested members of the disciplinary tribunal to recuse themselves when, after the first day of the hearing they saw prejudicial material in newspapers which material was not in evidence. They had further declined to allow an adjournment . .
See AlsoLawal v Northern Spirit Ltd CA 19-Feb-2004
. .
CitedFeld, Lord Mayor and Citizens of the City of Westminster v London Borough of Barnet, Lord Mayor and Citizens of the City of Westminster CA 18-Oct-2004
The applicants sought housing as homeless people. After the refusal of their applications, they sought a review, and in due course a second review. That second review was conducted by the same officer who had conducted the first. The appellant . .
CitedAl-Hasan, Regina (on the Application of) v Secretary of State for the Home Department HL 16-Feb-2005
Prisoners were disciplined after refusing to be squat searched, saying that the procedure was humiliating and that there were no reasonable grounds to suspect them of any offence against prison discipline. The officer who had been involved in . .
CitedMeerabux v The Attorney General of Belize PC 23-Mar-2005
(Belize) The applicant complained at his removal as a justice of the Supreme Court, stating it was unconstitutional. The complaint had been decided by a member of the Bar Council which had also recommended his removal, and he said it had been . .
CitedScrivens v Ethical Standards Officer Admn 11-Apr-2005
The councillor appealed an adjudication that he had failed adequately to declare an interest at a meeting of the council. The officer thought the duty to withdraw was entirely objective, the applicant that it was a matter for his honest judgment. At . .
CitedGillies v Secretary of State for Work and Pensions HL 26-Jan-2006
The claimant said that the medical member of the tribunal which had heard his disability claim was biased. The doctor was on a temporary contract and also worked for an agency which contracted directly the Benfits Agency. The court of session had . .
CitedMorrison and Another v AWG Group Ltd and Another CA 20-Jan-2006
The defendants requested the judge to recuse himself because one witness was well known to the judge. He declined, saying that arrangements had been made for him not to be called. The defendant appealed.
Held: There was no allegation of actual . .
CitedPort Regis School Ltd, Regina (on the Application of) v Gillingham and Shaftesbury Agricultural Society Admn 5-Apr-2006
Complaint was made that the decision of a planning committee had been biased because of the presence on the committee of two freemasons, and where the interests of another Lodge were affected.
Held: The freemasonry interests had been declared. . .
CitedRegina v Abdroikof, Regina v Green; Regina v Williamson HL 17-Oct-2007
The House was asked whether a jury in criminal trials containing variously a Crown Prosecution Service solicitor, or a police officer would have the appearance of bias. In Abdroikof, the presence of the police officer on the jury was discovered only . .
CitedA, Regina (on the Application of) v London Borough of Croydon SC 26-Nov-2009
The applicants sought asylum, and, saying that they were children under eighteen, sought also the assistance of the local authority. Social workers judged them to be over eighteen and assistance was declined.
Held: The claimants’ appeals . .
CitedMousa, Regina (on The Application of) v Secretary of State for Defence and Another CA 22-Nov-2011
The claimant sought a public inquiry into allegations of systematic ill treatment by UK soldiers in Iraq. He now appealed against refusal of an inquiry, the court having found it permissible for the Secretary of Styate to await the outcome of . .
CitedJL, Regina (On the Application of) v Secretary Of State for Justice Admn 7-Oct-2009
. .
CitedO’Neill v Her Majesty’s Advocate No 2 SC 13-Jun-2013
The appellants had been convicted of murder, it being said that they had disposed of her body at sea. They now said that the delay between being first questioned and being charged infringed their rights to a trial within a reasonable time, and . .
CitedAmeyaw v McGoldrick and Others QBD 6-Jul-2020
Recusal Refused – former Pupil Master
Request for recusal – the judge was said to have been a member of the same chambers as counsel for the claimant and had been his mentor.
Held: Refused: ‘It was untenable to contend that there was an appearance of bias in circumstances where . .
Lists of cited by and citing cases may be incomplete.

Employment, Human Rights, Legal Professions, Natural Justice

Updated: 20 December 2022; Ref: scu.183695

O’Dea v ISC Chemicals Ltd: CA 4 Aug 1995

Where the performance of union duties stopped a worker from doing the job he was employed for properly, a redundancy selection was possible. Here there was no redundancy comparator for a shop steward spending half his time on union activities. The court cautioned against use of phrases about procedural unfairness: ‘In my judgment, in a case where the reason or principal reason for dismissal is redundancy but the employer acted unreasonably in some particular respect in the process of selecting the applicant for redundancy so that the dismissal was rendered unfair, it is for the industrial tribunal to decide what it is just and equitable in all the circumstances to award the applicant, having regard to the loss sustained by the applicant in so far as that loss is attributable to action by the employer (see what is now ERA 1996 section 123(1) set out below at paragraph 66). To a case such as the present, where the industrial tribunal are satisfied that the particular defect in what the employer did only deprived the applicant of a chance that he would have been retained in the absence of such a defect, the applicability of the dictum, already cited, of Browne-Wilkinson J and its good sense seem to me obvious. I do not regard it as helpful to characterise the defect as procedural or substantive nor in my view should the industrial tribunal be expected to do so, though in fact in the present case the industrial did repeatedly describe the defect as procedural. The fact of the matter is that Mr. O’Dea lost only a one in five chance of being retained, and I can see no arguable case that he should have been compensated on the same footing as if he was bound to have been retained but for his trade union activitie.s’

Judges:

Peter Gibson LJ

Citations:

Times 04-Aug-1995, Independent 24-Aug-1995, [1995] IRLR 599, [1996] ICR 222

Statutes:

Employment Protection (Consolidation) Act 1978 58 59

Jurisdiction:

England and Wales

Citing:

ApprovedSillifant v Powell Duffryn Timber Ltd CA 1983
The court explained the principle on ‘British Labour Pump’ as follows: ‘even if, judged in the light of the circumstances known at the time of dismissal, the employer’s decision was not reasonable because of some failure to follow a fair procedure . .
Appeal fromO’Dea v ISC Chemicals Ltd (T/A Rhone-Poulenc Chemicals) EAT 14-Feb-1994
. .

Cited by:

CitedLambe v 186K Ltd CA 29-Jul-2004
The claimant had been dismissed for redundancy, but the company had been found not to have consulted him properly, and he had therefore been unfairly dismissed. The tribunal had then found that even if consulted the result would not have been . .
CitedAlexander and Hatherley v Bridgen Enterprises Ltd EAT 12-Apr-2006
The company made selections for redundancy, but failed to give the appellants information about how the scoring system had resulted in the figures allocated. The calculations left their representative unable to challenge them on appeal. The . .
CitedSoftware 2000 Ltd v Andrews etc EAT 17-Jan-2007
EAT Four employees successfully established before the Employment Tribunal that they had been unfairly dismissed for redundancy. The Tribunal found that there had been procedural defects. In particular the . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 20 December 2022; Ref: scu.84424

Crosville Wales Ltd v Tracey: CA 4 Aug 1995

There should be no reduction in an award of damages for unfair dismissal simply for participation in strike where the employee had not been not re-instated after the industrial action.

Citations:

Times 04-Aug-1995, Independent 29-Aug-1995

Statutes:

Employment Protection (Consolidation) Act 1978 62 74(6)

Jurisdiction:

England and Wales

Employment, Damages

Updated: 20 December 2022; Ref: scu.79681

Harper and Another v Hopkins: EAT 6 Aug 2009

EAT (Appeal From Order : Out of Time) Appellate jurisdiction reasons Burns-Barke – The lodging of a Notice of Appeal out of time was a conscious decision by a Respondent hotelier to leave it until after the New Year. His intervening hospitalisation did not overcome this original decision. Anyway it did not explain why his partner did not do so. There were no grounds for the exercise of discretion.

Judges:

McMullen QC HHJ

Citations:

[2009] UKEAT 0145 – 09 – 0608

Links:

Bailii

Jurisdiction:

England and Wales

Employment

Updated: 09 December 2022; Ref: scu.592681

Silape v Cambridge University Hospitals NHS Foundation Trust: EAT 25 Oct 2017

EAT PRACTICE AND PROCEDURE – Striking-out/dismissal
PRACTICE AND PROCEDURE – Appellate jurisdiction reasons Burns-Barke
In striking out claims of discrimination, the Tribunal failed to apply the relevant principles as summarised recently in Mechkarov v Citibank NV [2016] ICR 1121, failed to take the Claimant’s case at its highest and failed to give adequate reasons for its decision.

Citations:

[2017] UKEAT 0285 – 16 – 2510

Links:

Bailii

Jurisdiction:

England and Wales

Employment

Updated: 09 December 2022; Ref: scu.601910

ECM (Vehicle Delivery Service) Ltd v Cox and Others: EAT 10 Jun 1998

Employees within a unit employed to satisfy requirements of a contract in one firm had the right to transfer to a different firm which wrested the contract from the original employers. The arrangement of changing the contract was transfer of undertaking.

Citations:

Times 10-Jun-1998

Statutes:

Transfer of Undertakings (Protection of Employment) Regulations 1981 (1981 No 1794)

Jurisdiction:

England and Wales

Citing:

Appealed toECM (Vehicle Delivery) Services Ltd v B Cox and others CA 22-Jul-1999
Employees within a unit, who were employed to satisfy requirements of a particular contract in one firm, had the right to transfer to a different firm which wrested the contract from the original employers. The arrangement of changing the contract . .

Cited by:

CitedECM (Vehicle Delivery) Services Ltd v B Cox and others CA 22-Jul-1999
Employees within a unit, who were employed to satisfy requirements of a particular contract in one firm, had the right to transfer to a different firm which wrested the contract from the original employers. The arrangement of changing the contract . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 09 December 2022; Ref: scu.80245

Collisson v British Broadcasting Corporation: EAT 10 Jun 1998

The ability to contract out of continuity of service unfair dismissal and redundancy provisions is limited. It is a statutory concept over-riding private freedom of contract, and contractual approach was inappropriate.

Citations:

Gazette 08-Jul-1998, Gazette 10-Jun-1998, [1998] IRLR 238

Jurisdiction:

England and Wales

Employment

Updated: 09 December 2022; Ref: scu.79283

Hossain and others v Sonali Trade and Finance UK Ltd: EAT 17 Jun 2003

Judges:

The Honourable Mr S Justice Cox Qc

Citations:

[2003] EAT 0176 – 02 – 0710

Links:

Bailii, EAT

Jurisdiction:

England and Wales

Citing:

See AlsoHossain v Sonali Trade and Finance UK Ltd EAT 17-Jan-2003
EAT Unlawful Deduction from Wages – (no sub-topic). . .

Cited by:

See AlsoHossain and others v Sonali Trade and Finance UK Ltd EAT 7-Oct-2003
. .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 01 December 2022; Ref: scu.187236

McCarthy, Jackson, Smith v Blue Sword Construction Ltd: EAT 10 Jun 2003

EAT Contract of Employment – Notice and pay in lieu

Judges:

His Honour Judge Reid QC

Citations:

EAT/0223/03, [2003] EAT 0223 – 03 – 1407, [2003] UKEAT 0223 – 03 – 1407

Links:

Bailii, Bailii, EAT

Jurisdiction:

England and Wales

Cited by:

See AlsoMurray v University of Edinburgh EAT 29-Aug-2003
EAT Practice and Procedure – Application . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 01 December 2022; Ref: scu.185281

Regina v Secretary of State for Defence Ex Parte Smith; Regina v Same Ex Parte Grady Etc: CA 6 Nov 1995

A ban on homosexuals serving in the armed forces was not irrational, and the challenge to the ban failed. The greater the policy content of a decision, and the more remote the subject matter of a decision from ordinary judicial experience, the more hesitant the court must necessarily be in holding a decision to be irrational. Where decisions of a policy-laden, esoteric or security-based nature are in issue even greater caution than normal must be shown in applying the test, but the test itself is sufficiently flexible to cover all situations. ‘The court may not interfere with the exercise of an administrative discretion on substantive grounds save where the court is satisfied that the decision is unreasonable in the sense that it is beyond the range of responses open to a reasonable decision-maker. But in judging whether the decision-maker has exceeded this margin of appreciation the human rights context is important. The more substantial the interference with human rights, the more the court will require by way of justification before it is satisfied that the decision is reasonable in the sense outlined above.’ Profound cultural changes do take time, but ‘A belief which represented unquestioned orthodoxy in year X may have become questionable by year Y and unsustainable by year Z.’

Judges:

Sir Thomas Bingham MR

Citations:

Times 06-Nov-1995, [1996] QB 517

Jurisdiction:

England and Wales

Citing:

Appeal fromRegina v Ministry of Defence Ex Parte Smith and Others QBD 7-Jun-1995
An MOD ban on employing homosexuals was not Wednesbury unreasonable, even though it might be out of date. Pannick (counsel for the applicant, approved): ‘The court may not interfere with the exercise of an administrative discretion on substantive . .
CitedAssociated Provincial Picture Houses Ltd v Wednesbury Corporation CA 10-Nov-1947
Administrative Discretion to be Used Reasonably
The applicant challenged the manner of decision making as to the conditions which had been attached to its licence to open the cinema on Sundays. It had not been allowed to admit children under 15 years of age. The statute provided no appeal . .

Cited by:

CitedRegina v British Broadcasting Corporation ex parte Pro-life Alliance HL 15-May-2003
The Alliance was a political party seeking to air its party election broadcast. The appellant broadcasters declined to broadcast the film on the grounds that it was offensive, being a graphical discussion of the processes of abortion.
Held: . .
Appeal fromSmith and Grady v The United Kingdom ECHR 27-Sep-1999
The United Kingdom’s ban on homosexuals within the armed forces was a breach of the applicants’ right to respect for their private and family life. Applicants had also been denied an effective remedy under the Convention. The investigations into . .
CitedBennett v Officers A and B and Commissioner of Police for the Metropolis CA 2-Nov-2004
Police Officers had been involved in a shooting in which a man died. They were granted anonymity before the coroner’s court, on evidence suggesting they might be at risk. The family of the deceased appealed.
Held: The coroner misdirected . .
CitedA and Others, Regina (on the Application of) v Lord Saville of Newdigate and others CA 28-Jul-1999
Former soldiers who had been involved in the events in Londonderry in 1972, and were to be called to give evidence before a tribunal of inquiry, still had cause to fear from their names being given, and so were entitled to anonymity when giving such . .
CitedBegum (otherwise SB), Regina (on the Application of) v Denbigh High School HL 22-Mar-2006
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 . .
CitedSecretary of State for Work and Pensions v M HL 8-Mar-2006
The respondent’s child lived with the estranged father for most of each week. She was obliged to contribute child support. She now lived with a woman, and complained that because her relationship was homosexual, she had been asked to pay more than . .
Lists of cited by and citing cases may be incomplete.

Employment, Discrimination, Armed Forces

Updated: 27 November 2022; Ref: scu.87689

Singh-Rathour and Another v Taylor and Others: EAT 11 Mar 2011

EAT PRACTICE AND PROCEDURE – Time for appealing
Time for appealing two out of time appeals was enlarged.
In the first, the Claimant did not know there was a right of appeal and when she found out, on contacting the Employment Tribunal, reasonably relied on its assurance that the matter was being actioned. The solicitors did not pass on The Judgment booklet or advice on appeal.
In the second, the Appellant’s (the Fourth Respondent) solicitors did not act speedily but the Appellant knew the deadline and did it himself. He appealed a costs order only. He did not include the ET3 of the First Respondent which had been dismissed from the Employment Tribunal proceedings. That is not an error. He did not include the ET3 of the two other Respondents (apart from himself). That was an error but it was excused by his belief that since they were not affected by the order against him, he had no need to include them. This explanation was reasonable and was accepted.

Judges:

McMullen QC J

Citations:

[2011] UKEAT 0879 – 10 – 1103

Links:

Bailii

Jurisdiction:

England and Wales

Employment

Updated: 26 November 2022; Ref: scu.431877

Leverton v Clwyd County Council: HL 1989

The claimant, employed as a nursery nurse by the respondent in an infant school sought to compare herself with clerical staff employed by the respondent, but not in schools.
Held: The employee’s appeal succeeded. The majority of the Employment Tribunal, the Employment Appeal Tribunal, and the majority of the Court of Appeal were wrong to apply a narrower test as to whether the terms of the claimant and the comparator were broadly similar. It was sufficient to establish common terms and conditions to show that the claimant and her comparators were employed on terms and conditions derived from the same collective agreement.

Judges:

Lord Bridge of Harwich

Citations:

[1989] ICR 33, [1989] IRLR 28

Jurisdiction:

England and Wales

Cited by:

CitedBritish Coal Corporation v Smith and Others HL 23-May-1996
The phrase ‘common terms of employment’ means broadly comparable terms. There is no need for them to be identical, and the phrase should be construed liberally, though there can be no general commonality where there is no commonality in terms and . .
CitedWhite v Burton’s Foods Ltd EAT 6-Jul-2010
EAT EQUAL PAY ACT – Like work
The Claimant had been employed by the Respondent since 1984 before becoming Production Planning Manager at the Respondent’s Blackpool site. She brought a claim under the Equal . .
Lists of cited by and citing cases may be incomplete.

Employment, Discrimination

Updated: 19 November 2022; Ref: scu.420384

Anderson v Pringle of Scotland Ltd: OHCS 18 May 1998

Where there was a procedure agreed with the unions for selection for redundancy, the employer could be held to it, and be ordered to re-instate the employee pending completion of the litigation as to breach of the term.

Citations:

Times 18-May-1998, Gazette 01-Apr-1998, [1998] IRLR 64

Jurisdiction:

Scotland

Employment

Updated: 18 November 2022; Ref: scu.77789

Attorney-General v Blake: CA 16 Dec 1997

A former member of the security services, convicted for spying, had written a book. The AG appealed a refusal to prevent publication. The court upheld denied the appeal on the breach of fiduciary claim. The Attorney General amended his statement of claim and advanced a public law claim to asserted, not a private law right on behalf of the Crown, but a claim for relief in his capacity as guardian of the public interest.
Held: In this latter capacity the Attorney General may, exceptionally, invoke the assistance of the civil law in aid of the criminal law. The jurisdiction of the civil courts was not limited to an injunction restraining the commission or repeated commission of an offence. If a criminal offence has already been committed, the jurisdiction extends to enforcing public policy with respect to the consequences of the commission of that crime, e.g. restraining receipt by the criminal of a further benefit as a result of or in connection with that crime. This was an exceptional case in which the Attorney General could intervene by civil proceedings, in aid of the criminal law, to uphold the public policy of ensuring that a criminal does not retain profit directly derived from the commission of his crime. The court made an order that the defendant be restrained from receiving any payment resulting from the exploitation of the book in any form or any information therein relating to security and intelligence which is or has been in his possession by virtue of his position as a member of the Secret Intelligence Service.

Judges:

Lord Woolf M.R., Millett and Mummery L.JJ

Citations:

Times 22-Dec-1997, Gazette 28-Jan-1998, [1997] EWCA Civ 3008, [1998] Ch 439, [1998] EMLR 309, [1998] 1 All ER 833

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal fromAttorney General v Blake ChD 23-Apr-1996
The Crown claimed that in writing a book and authorising its publication, Blake, a former security services employee, was in breach of fiduciary duties he owed to the Crown.
Held: Blake was not to be prevented from earning money from the . .

Cited by:

CitedArklow Investments Ltd and Another v Maclean and Others PC 1-Dec-1999
PC (New Zealand) Land was offered for sale. A potential buyer, the appellant was approached by a merchant bank with a proposal for finance. When he sought finance elsewhere, a company associated with the bank . .
Lists of cited by and citing cases may be incomplete.

Administrative, Media, Employment

Updated: 13 November 2022; Ref: scu.180885

McBride v Employment Appeal Tribunal: SCS 25 Jan 2013

The appellant had been employed by the Police as a fingerprint officer. She was unfairly dismissed after a wrongful accusation. The tribunal ordered that she be reinstated, but on terms which would not result in her attending court as an expert witness. The EAT had concluded that the Tribunal’s decision to order reinstatement was perverse, and remitted it. She now appealed
Held: The House rejected the EAT’s view that the ET had been perverse. The EAT had substituted its own factual interpretation for that of the ET and stated that the reasons which the EAT gave for implying that the ET might be partial did not withstand scrutiny. However, the ET had erred in law; it interpreted the ET’s judgment as an order to employ M on altered contractual terms. As reinstatement had to be unconditional, the ET had misapplied the law. The appeal was therefore refused so far as it sought to restore the ET’s order of reinstatement, but allowed the appeal to the extent of remitting the case to the original ET.

Judges:

Lady Dorran

Citations:

[2013] ScotCS CSIH – 4, [2013] IRLR 297, 2013 SC 268, [2013] CSIH 4, [2013] IRLR 297, 2013] CSIH 4

Links:

Bailii

Statutes:

Employment Rights Act 1996 114 115 116

Jurisdiction:

Scotland

Cited by:

At Inner HouseMcBride v Scottish Police Authority (Scotland) SC 15-Jun-2016
The court was asked whether the employment tribunal had been correct, after finding that the appellant had been unfairly dismissed, to order her reinstatement. She had worked as a fingerprint officer, but her reinstatement was to be on terms that . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 13 November 2022; Ref: scu.470718

London Underground Ltd v Strouthos: EAT 4 Jun 2003

EAT Unfair Dismissal – Reason for dismissal including substantial other reason.

Judges:

His Hon Judge McMullen QC

Citations:

EAT/0016/03, [2003] EAT 0016 – 03 – 0406, [2003] UKEAT 0016 – 03 – 0406

Links:

Bailii, Bailii, EATn

Jurisdiction:

England and Wales

Cited by:

Appeal fromStrouthos v London Underground Ltd CA 18-Mar-2004
The claimant had been dismissed after being accused of taking a staff car to France and having it impounded for suspected importation of cigarettes and alcohol above personal use limits.
Held: ‘It is a basic proposition, whether in criminal or . .
See alsoLondon Underground Ltd v Strouthos CA 17-Dec-2003
Application for permission to appeal from EAT – granted . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 10 November 2022; Ref: scu.188092

Generale Bank Nederland Nv (Formerly Credit Lyonnais Bank Nederland Nv) v Export Credit Guarantee Department: CA 23 Jul 1997

The bank claimed that it had been defrauded, and that since an employee of the defendant had taken part in the fraud the defendant was had vicarious liability for his participation even though they knew nothing of it.
Held: Where A becomes liable to B as a joint tortfeasor with C in the tort of deceit practised by C on B on the basis that A and C have a common design to defraud B and A renders assistance to C pursuant to and in furtherance of the common design, does D, A’s employer, become vicariously liable to B, simply because the act of assistance, which is not itself the deceit, is in the course of A’s employment with D? An employer was not liable for the fraudulent acts of his employee during the employment but may be for purposes of fraud by third party.
Hobhouse LJ said: ‘Mere assistance, even knowing assistance, does not suffice to make the ‘secondary’ party liable as a joint tortfeasor with the primary party. What he does must go further. He must have conspired with the primary party or procured or induced his commission of the tort . . ; or he must have joined in the common design pursuant to which the tort was committed’

Judges:

Stuart-Smith LJ, Hobhouse LJ

Citations:

Times 04-Aug-1997, Gazette 10-Sep-1997, [1998] 1 Lloyd’s Rep 19, [1997] EWCA Civ 2165

Jurisdiction:

England and Wales

Citing:

Appeal fromGenerale Bank Nederland Nv (Formerly Credit Lyonnais Bank Nederland Nv) v Export Credit Guarantee Department 1996
The Export Credit Guarantee Department was not liable to the Bank for the loss which the Bank sustained due to the fraud of one of its customers in which an employee was involved. . .
CitedPLG Research Ltd and Another v Ardon International Ltd and Others ChD 25-Nov-1994
A patent infingement claim was met by the assertion that the material covered had been disclosed before the patent had been obtained. The court was asked as to the test of whether the information in a claim had been disclosed. Aldous J said: ‘Mr. . .

Cited by:

Appeal fromGenerale Bank Nederland Nv (Formerly Credit Lyonnais Bank Nederland Nv) v Export Credits Guarantee Department HL 19-Feb-1999
The wrong of the servant or agent for which the master or principal is liable is one committed in the case of a servant in the course of his employment, and in the case of an agent in the course of his authority. It is fundamental to the whole . .
CitedAbouRahmah and Another v Abacha and others QBD 28-Nov-2005
Claims were made as to an alleged fraud by some of the respondents. . .
CitedBritish Telecommunications Plc; Virgin Enterprises Ltd; J Sainsbury Plc; Marks and Spencer Plc and Ladbroke Group Plc v One In a Million Ltd and others CA 23-Jul-1998
Registration of a distinctive Internet domain name using registered trade marks and company names could be an infringement of a registered Trade Mark, and also passing off. It was proper to grant quia timet injunctions where necessary to stop . .
CitedTotal Network Sl v Customs and Excise Commissioners CA 31-Jan-2007
The defendants suspected a carousel VAT fraud. The defendants appealed a finding that there was a viable cause of action alleging a ‘conspiracy where the unlawful means alleged is a common law offence of cheating the public revenue’. The defendants . .
CitedTwentieth Century Fox Film Corporation and Another v Newzbin Ltd ChD 29-Mar-2010
The defendant operated a web-site providing a search facility of the Usenet news system which allowed its users to locate copies of films online for downloading. The claimant said this was an infringement of its copyrights.
Held: The defendant . .
CitedThe Rugby Football Union v Viagogo Ltd QBD 30-Mar-2011
The claimant objected to the resale through the defendant of tickets to matches held at the Twickenham Stadium. The tickets contained terms disallowing resales at prices over the face value. They sought orders for the disclosure of the names of the . .
CitedFish and Fish Ltd v Sea Shepherd UK and Another AdCt 25-Jun-2012
The claimant company was engaged in tuna fish culture off shore to Malta. The defendant ship was owned by a charity which campaigned against breaches of animal preservation conventions. Fish were being transporting live blue fin tuna in towed . .
CitedFish and Fish Ltd v Sea Shepherd Uk and Others CA 16-May-2013
The claimant company sought damages after their transport of live tuna was attacked by a protest group. They now appealed against a decision that the company owning the attacking ship was not liable as a joint tortfeasor.
Held: The appeal was . .
CitedSea Shepherd UK v Fish and Fish Ltd SC 4-Mar-2015
Accessory Liability in Tort
The court considered the concept of accessory liability in tort. Activists had caused damage to vessels of the respondent which was transporting live tuna in cages, and had caused considerable damage. The appellant company owned the ship from which . .
Lists of cited by and citing cases may be incomplete.

Employment, Vicarious Liability, Torts – Other, Banking

Updated: 09 November 2022; Ref: scu.80791

GMB Trade Union v Brown: EAT 16 Oct 2007

EAT Unfair Dismissal: Reason for dismissal including substantial other reason / Compensation
The employee claimed constructive unfair dismissal because the employers refused to modify their grievance procedures to deal with her grievance. She alleged, and the Tribunal accepted, that it could damage her health if she had to pursue the grievance formally with her line manager. He was the person against whom she was complaining. The Tribunal found that there was a dismissal and it was unfair. The EAT on appeal held that in the somewhat unusual circumstances of this case, it was a finding open to the tribunal on the evidence. Hence the appeal on liability failed.
The employers also alleged that the Tribunal had erred in various ways in its assessment of compensation. The EAT upheld one of the grounds but rejected the others. The compensation was as a consequence adjusted by an amount agreed between the parties. Observations on dicta in the cases of Johnson v Unisys Ltd [2001] ICR 480 and Eastwood v Magnox Electric plc [2004] ICR 1064.

Judges:

Elias P J

Citations:

[2007] UKEAT 0621 – 06 – 1610

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

CitedAbbey National Plc v Fairbrother EAT 12-Jan-2007
EAT Unfair Dismissal
Disability discrimination
The Tribunal had found a dismissal to be unfair because of flaws in a grievance procedure, following which the Claimant had resigned. They also found . .
CitedLondon Borough of Waltham Forest v Omilaju CA 11-Nov-2004
Final Straw Act – Non-Trivial
The claimant had been involved in protracted disputes with the respondent. The respondent appealed a finding of constructive dismissal and victimisation. He had attended a tribunal hearing and the employer had refused to pay his salary whilst he was . .
CitedSoftware 2000 Ltd v Andrews etc EAT 17-Jan-2007
EAT Four employees successfully established before the Employment Tribunal that they had been unfairly dismissed for redundancy. The Tribunal found that there had been procedural defects. In particular the . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 06 November 2022; Ref: scu.259889

UPVC Designs Ltd (T/A Croston Conservatories v Latimer and Another: EAT 16 Oct 2007

EAT Jurisdictional Points – Worker, employee or neither
Contract of Employment – Whether established
On the question whether the Appellant was employed under a contract of employment, the reasons of the Tribunal did not adequately evaluate and address the second and third aspects of the test in Ready Mixed Concrete (South East) Ltd v Minister of Pensions and National Insurance [1968] 2 QB 497.

Citations:

[2007] UKEAT 0431 – 07 – 1610

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

CitedReady Mixed Concrete Southeast Ltd v Minister of Pensions and National Insurance QBD 8-Dec-1967
Contracts of service or for services
In three cases appeals were heard against a finding as to whether a worker was entitled to have his employer pay National Insurance contributions on his behalf which would apply if he were an employee. He worked as an ‘owner-driver’
Held: The . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 06 November 2022; Ref: scu.266646

GAP Personnel Franchises Ltd v Robinson: EAT 16 Oct 2007

EAT Contract of employment – Damages for breach of contract
Unlawful deduction from wages
Whether express term of contract as to mileage expenses was consensually varied by the Claimant’s acquiescence. Whether employment continued under protest. Appeal allowed in part and remitted for rehearing.

Citations:

[2007] UKEAT 0342 – 07 – 1610

Links:

Bailii

Statutes:

Employment Act 2002 31

Jurisdiction:

England and Wales

Citing:

CitedWestern Excavating (ECC) Ltd v Sharp CA 1978
To succeed in a claim for constructive dismissal the plaintiff must establish a breach of contract by the defendant, that the breach was sufficiently serious to have justified the claimant resigning, or at least be the last in a series of events . .
CitedRigby v Ferodo Ltd HL 1988
The House considered a claim for constructive dismissal where the employer had changed the terms of the employment contract by unilaterally imposing a pay cut.
Held: It was possible for an employee to continue to work under protest as to the . .
CitedBurdett Coutts v Hertfordshire County Council 1984
An employee who continues to work under protest after a unilateral variation by the employer will not be prevented from bringing a claim for damages for breach of contract. . .
CitedJones v Associated Tunnelling Co Ltd EAT 16-Oct-1981
The tribunal had been asked as to the circumstances under which the acceptance of new employment terms can be inferred from an employee’s continuing to work.
Browne-Wilkinson P said: ‘The starting point must be that a contract of employment . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 06 November 2022; Ref: scu.261541

Van Rensburg v The Royal Borough of Kingston-Upon-Thames and others: EAT 16 Oct 2007

EAT Practice and Procedure: Striking-out/dismissal – Imposition of Deposit
The Employment Tribunal made a deposit order under rule 20 of the Tribunal Rules of Procedure against the Appellant on the grounds that her claims had little prospect of success. She failed to pay the deposit by the date specified and her claims were struck out. The appeal raised two issues. The first was whether the Chairman was entitled to have regard to the likelihood of the facts being established when making a deposit order. The second was whether the apparently mandatory duty under rule 20(4) to strike out claims if the deposit was not paid in time complied with Article 6 of the ECHR.,br />The EAT held that the Chairman could have regard to the likelihood of the facts being established when making a deposit order. The EAT did not on the facts need to resolve the question whether rule 20(4) was compatible with Article 6. The appeals were dismissed.

Citations:

[2007] UKEAT 0096 – 07 – 1610

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

CitedSodexho Ltd v Gibbons EAT 14-Jul-2005
EAT Deposit ordered. Order lost in post due to the Claimant putting wrong post-code on ET1. Review. Distinguishing Judgments from Orders. Strike-out. Extending time. . .
CitedChohan v Derby Law Centre EAT 2-Mar-2004
EAT Employment Tribunal claim brought out of time because of Solicitor’s negligent advice. Application of British Coal Corporation -v- Keeble [1999] IRLR 337. . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 06 November 2022; Ref: scu.261550

United States of America v Nolan: ECJ 22 Mar 2012

ECJ (Opinion) Directive 98/59/EC – Admissibility – Protection of workers – Collective redundancies – Information and consultation of workers – Closure of a US military base – Scope – Time at which the obligation to consult arises

Judges:

Mengozzi AG

Citations:

C-583/10, [2012] EUECJ C-583/10

Links:

Bailii

Statutes:

Directive 98/59/EC

Jurisdiction:

European

Citing:

At EATUnited States of America v Nolan EAT 15-May-2009
EAT REDUNDANCY: Collective consultation and information / Protective award
An Employment Tribunal held that the USA was in breach of Section 188 of the Trade Union and Labour Relations (Consolidation) Act . .
At CA (1)United States of America v Nolan CA 9-Nov-2010
The claimant had sought a protective award under the 1992. She had been a civilian employee at a base operated by the appellant which it closed. She sought to sue as an employee representative, saying that the appellant had failed to consult its . .
At SCThe United States of America v Nolan SC 21-Oct-2015
Mrs Nolan had been employed at a US airbase. When it closed, and she was made redundant, she complained that the appellant had not consulted properly on the redundancies. The US denied that it had responsibility to consult, and now appealed.
At ECJUnited States of America v Nolan ECJ 18-Oct-2012
Reference for a preliminary ruling – Directive 98/59/EC – Protection of workers – Collective redundancies – Scope – Closure of an American military base – Information and consultation of workers – Time at which the consultation obligation arises – . .

Cited by:

OpinionUnited States of America v Nolan ECJ 18-Oct-2012
Reference for a preliminary ruling – Directive 98/59/EC – Protection of workers – Collective redundancies – Scope – Closure of an American military base – Information and consultation of workers – Time at which the consultation obligation arises – . .
Lists of cited by and citing cases may be incomplete.

Employment, International

Updated: 05 November 2022; Ref: scu.465003

Bainbridge v Circuit Foil UK Ltd: CA 14 Feb 1997

The claimant appealed against a decision that he could not recover where his employers had failed to pay him the sick pay he said he was contractually entitled to.
Held: The employer was liable after his failure to notify the employee of the cancellation of the disability insurance.
The claimant appealed against a decision that he could not recover where his employers had failed to pay him the sick pay he said he was contractually entitled to.

Citations:

Times 26-Feb-1997, [1997] EWCA Civ 1016

Jurisdiction:

England and Wales

Employment

Updated: 05 November 2022; Ref: scu.78085

Baldwin v British Coal Corporation: QBD 11 May 1994

The employee had been selected for redundancy. In order for him to qualify for the employer’s supplementary redundancy scheme an arrangement was made whereby he was given short notice. As a result he received an additional pounds 5,000. He now applied for payment of the full notice period.
Held: He had to give credit for the money received under the short notice in order to qualify for a supplementary redundancy payment. The pounds 5,000 was quite separate from the basic redundancy payments the statutory and contractual sums. Had the employer not given short notice, the plaintiff would have received the pounds 3,000 notice, but lost the pounds 5,000 received. Credit had to be given.

Judges:

Garland J

Citations:

Times 11-May-1994

Jurisdiction:

England and Wales

Citing:

CitedWilson v National Coal Board HL 1981
A entire colliery closed down and all employees other than the pursuer were offered and accepted alternative employment, thus disqualifying them from receiving redundancy payments. The pursuer, who had been injured by the accident for which the . .
Lists of cited by and citing cases may be incomplete.

Employment, Damages

Updated: 05 November 2022; Ref: scu.78103

British Equity v Goring: CA 1997

Roskill LJ considered the ‘inelegant draftsmanship’ of a trades union’s rules, saying: ‘Some reliance was placed upon the differing and somewhat indiscriminate use of words such as ‘motion,’ ‘resolution’ and ‘questions’ in the various rules as suggesting that different results were intended to follow according to which word was chosen. If one could discern any coherent or logical pattern in the choice of any of those words, this argument would have force, for the same words should, if possible, be given the same meaning throughout the rules and, when a different word is used, one would be disposed to think, prima facie at any rate, that it was deliberately used to convey a different meaning from that which another word would give. But I do not think that is so. The different use, as I venture to think, is attributable in the case of these rules rather to untidy draftsmanship than to meticulous choice of language.’

Judges:

Roskill LJ

Citations:

[1997] ICR 393

Jurisdiction:

England and Wales

Cited by:

CitedFoster v McNicol and Another QBD 28-Jul-2016
Incumbent Labour leader did not need nominations
The claimant challenged a decision of the National Executive Committee of the Labour Party to allow its present Leader to stand in the leadership election challenging his position without the need for him to submit first the otherwise standard . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 05 November 2022; Ref: scu.567811

Mahamdia v People’s Democratic Republic of Algeria (Judicial Cooperation In Civil Matters): ECJ 24 May 2012

Judicial cooperation in civil matters – Jurisdiction – State immunity from jurisdiction – Jurisdiction over individual contracts of employment – Dispute concerning the validity of the dismissal of the applicant who had been employed as a driver in a Member State by the embassy of a non-member country – Notion of agency, branch or other establishment within the meaning of Regulation (EC) No 44/2001 – Jurisdiction clause inserted in an individual contract of employment upon its conclusion – Compatibility of such a clause with Regulation No 44/2001

Citations:

C-154/11, [2012] EUECJ C-154/11 – O

Links:

Bailii

Jurisdiction:

European

Cited by:

OpinionMahamdia v People’s Democratic Republic of Algeria (Judicial Cooperation In Civil Matters) ECJ 19-Jul-2012
Judicial cooperation in civil matters – Regulation (EC) No 44/2001 – Jurisdiction over individual contracts of employment – Contract with an embassy of a third State – Immunity of the employing State – Concept of branch, agency or other . .
Lists of cited by and citing cases may be incomplete.

Employment, International

Updated: 04 November 2022; Ref: scu.463203

Spence v Revenue and Customs: FTTTx 23 Mar 2012

FTTTx Statutory sick pay – entitlement depending on ‘normal weekly earnings’ reaching NIC lower earnings limit – errors on one of two relevant payslips, supposedly corrected on the other – whether only the earnings actually paid during relevant period should be taken into account – not certain, but in present case yes – whilst in some cases the Tribunal might have power to substitute its view of the correct figure, this was not such a case – and even if it did so, ‘normal weekly earnings’ would still be below the NIC lower earnings limit – sections 151, 153 and 162(2) to (4) and Schedule XI Social Security Contributions and Benefits Act 1992 and regulations 17 and 19 of Statutory Sick Pay (General) Regulations 1982 considered – appeal dismissed

Citations:

[2012] UKFTT 213 (TC)

Links:

Bailii

Jurisdiction:

England and Wales

Benefits, Employment

Updated: 03 November 2022; Ref: scu.462641

Post Office v Adekeye: CA 13 Nov 1996

Race discrimination which took place after a dismissal was not unlawful within the section, since that first required the context of employment, and after the dismissal, the applicant was no longer in that employment. The natural meaning of the phrase ’employed by him’ in section 4 (2) was confined to persons employed at the time of the act complained of; and there was no other provision covering cases where the employment had terminated. The court dismissed the appeal.

Judges:

Pill, Mantell and Buxton LJJ

Citations:

Times 03-Dec-1996, Gazette 13-Dec-1996, [1997] ICR 110, [1996] EWCA Civ 943

Statutes:

Race Relations Act 1976 4(2)

Jurisdiction:

England and Wales

Citing:

Appeal fromPost Office v Adekeye EAT 23-Feb-1995
An Industrial Tribunal may not look at a claim of race discrimination which had taken place in the context of a disciplinary appeal following a dismissal. The act of discrimination had not been in the course of the employment. . .

Cited by:

AppliedRhys-Harper v Relaxion Group plc CA 3-May-2001
A sex discrimination claim involving a claim by an employee for damages for sexual harassment, had to be made during the period of employment. An employer’s failure to deal properly with an allegation of sexual harassment could itself be a detriment . .
Appealed toPost Office v Adekeye EAT 23-Feb-1995
An Industrial Tribunal may not look at a claim of race discrimination which had taken place in the context of a disciplinary appeal following a dismissal. The act of discrimination had not been in the course of the employment. . .
DisapprovedRelaxion Group plc v Rhys-Harper; D’Souza v London Borough of Lambeth; Jones v 3M Healthcare Limited and three other actions HL 19-Jun-2003
The court considered whether discriminatory acts after the termination of employment were caught by the respective anti-discrimination Acts. The acts included a failure to give proper references. They pursued claims on the basis of victimisation . .
CitedD C D’Souza v London Borough of Lambeth CA 2001
The court dismissed the claimant’s claim for damages for racial discrimination for acts occurring after the termination of his employment by the respondents.
Held: Applying Adekeye, the claim was dismissed, but the court saw ‘some force’ in . .
CitedJones, Kirker, Angel and Bond v 3M Healthcare Ltd, Ambitions Personnel (Nottinghamshire) Ltd, British Sugar Plc, New Possibilities NHS Trust and Hackney EAT 11-Dec-2001
EAT Disability Discrimination – Disability
Nicholas Kirker was employed by British Sugar plc as a shift chemist until dismissed. He has very poor eyesight and is registered as fully blind. He claimed he had . .
CitedJessemey v Rowstock Ltd and Another CA 26-Feb-2014
The court was asked whether a claim as to acts of victimisation could be sustained in connection with actions alleged after termination of employment.
Held: The appeal succeeded. The Act operated to proscribe such actions. However, this is one . .
Lists of cited by and citing cases may be incomplete.

Discrimination, Employment

Updated: 03 November 2022; Ref: scu.84811

Chhabra v West London Mental Health NHS: QBD 1 Jun 2012

The claimant, a consultant forensic psychiatrist sought to restrain the defendants from going ahead with disciplinary proceedings as to alleged breaches of patient confidentiality.
Held: The application succeeded. The complaint was properly as to misconduct, and not capacity, and the proposed method of investigation was inappropriate.

Judges:

McMullen QC J

Citations:

[2012] EWHC 1735 (QB)

Links:

Bailii

Citing:

CitedSarkar v West London Mental Health NHS Trust CA 19-Mar-2010
The doctor had been summarily dismissed for gross misconduct. He now appealed against the EAT’s reversal of the finding of unfair dismissal. The original procedure adopted was appropriate to a lesser level of misconduct, but the employer had later . .

Cited by:

Appeal fromWest London Mental Health NHS Trust v Chhabra CA 25-Jan-2013
The Trust appealed against a decision that its procedures in seeking to discipline the respondent consultant forensic psychiatrist were wrongly applied and the associated injunction.
Held: The appeal succeeded. The conduct complained of was of . .
At first instanceWest London Mental Health NHS Trust v Chhabra SC 18-Dec-2013
The trust sought to begin disciplinary proceedings against the claimant, a consultant forensic psychologist alleging gross misconduct. She was said to have left confidential patient records on a train.
Held: Gross misconduct should be conduct . .
Lists of cited by and citing cases may be incomplete.

Information, Health Professions, Employment

Updated: 03 November 2022; Ref: scu.461888

Ali v Christian Salvesen Food Services Limited: CA 18 Oct 1996

A collective agreement freely and exhaustively negotiated with a Union was not to have an extra term implied. Waite LJ warned that such agreements should be concise and clear, so as to be readily understood by all who are concerned to operate it with the result that should any topic be left uncovered by an agreement of that kind, the natural inference would be that it was omitted advisedly.

Judges:

Lord Justice Waite Lord Justice Saville Lord Justice Otton

Citations:

Times 29-Oct-1996, Gazette 06-Nov-1996, [1996] EWCA Civ 763, [1997] 1 All ER 721

Jurisdiction:

England and Wales

Citing:

See alsoAli v Christian Salvesen Food Services Ltd EAT 19-Dec-1994
. .
Appeal fromAli v Christian Salvesen Food Services Ltd EAT 9-Jun-1995
. .

Cited by:

CitedGarratt v Mirror Group Newspapers Ltd CA 13-Apr-2011
The claimant had been employed by the defendant. They made him redundant. He claimed and enhanced payment saying that his emloyment was covered by a collective agreement, but when he refused to sign a compromise agreement, the company paid him only . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 01 November 2022; Ref: scu.77731

Hawes and Curtis Ltd v Arfan and Another: EAT 1 Jun 2012

EAT JURISDICTIONAL POINTS – Claim in time and effective date of termination
The Claimants were summarily dismissed with immediate effect on 5 October 2010. They appealed; and while their appeals were otherwise unsuccessful they were told that the date of termination of their employment would be the date of the appeal (4 November); and they were paid until that date. By a majority the Tribunal held that the effective date of termination was 4 November. The Respondent appealed, arguing that the effective date of dismissal for the purposes of section 97(1) of the Employment Rights Act 1996 crystallised at the date of summary dismissal.
Held – Appeal dismissed. The Tribunal was entitled to take into account what took place on appeal. Gisda Cyf v Barratt [2010] ICR 1475 and Fitzgerald v University of Kent at Canterbury [2004] ICR 737 considered and applied.

Judges:

David Richardson J

Citations:

[2012] UKEAT 0229 – 12 – 0106, [2012] ICR 1244

Links:

Bailii

Jurisdiction:

England and Wales

Employment

Updated: 31 October 2022; Ref: scu.459942

Husband v Durham Police Authority: EAT 20 Dec 2002

When to reverse a previous decision by means of a Review undertaken pursuant to paragraph 13(1)(e) of Schedule 1 to the 2001 Regulations.

Judges:

Wall J

Citations:

[2002] UKEAT 1201 – 01 – 2012

Links:

Bailii

Statutes:

Employment Tribunals (Constitution and Rules of Procedure) Regulations 2001

Jurisdiction:

England and Wales

Employment

Updated: 31 October 2022; Ref: scu.203311

Credit Suisse Asset Management Ltd v Armstrong and Others: CA 3 Jun 1996

The employer provided fund management services to private clients. The notice periods for the various employees ranged between three and twelve months, but the handbook governing the terms of employment provided that during the respective notice periods the employer might place the employees on garden leave.
Held: A period of garden leave to be served before the end of the contractual notice period was not to be set off against the period of a restrictive covenant which took effect on termination of the employment contract.
Neill LJ said: ‘The court can exercise its discretion in deciding the permissible length of garden leave but, if the restrictive covenant is valid, the employer is entitled to have it enforced, subject to all the usual grounds on which an injunction may be withheld, such as delay and a finding that damages would be an adequate remedy in the circumstances. Moreover, it is to be remembered that the existence of a garden leave clause may be a factor to be taken into account in determining the validity of a restrictive covenant as at the date of the contract.
I would, however, add a caveat. Terms which operate in restraint of trade raise questions of public policy. The opportunity for an individual to maintain and exercise his skills is a matter of general concern. I would therefore leave open the possibility that in an exceptional case where a long period of garden leave had already elapsed, perhaps substantially in excess of a year, without any curtailment by the court, the court would decline to grant any further protection based on a restrictive covenant. But that is not this case.’

Judges:

Neill, Morritt and Hutchison LJJ

Citations:

Times 03-Jun-1996, Gazette 19-Jun-1996, [1996] ICR 882

Jurisdiction:

England and Wales

Cited by:

CitedAssociated Foreign Exchange Ltd v International Foreign Exchange (UK) Ltd and Another ChD 26-May-2010
The claimant sought interim injunctions to enforce a restrictive covenant against solicitation of customers in a former employee’s contract. The employee, a FOREX dealer, had been placed on garden leave for three months and then his contract . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 31 October 2022; Ref: scu.79610

Adams and Others v British Airways Plc: CA 7 May 1996

The merger of the pilots’ seniority lists on a company merger was not a breach of any employment contract term.

Citations:

Times 07-May-1996

Jurisdiction:

England and Wales

Citing:

Appeal fromAdams and Others v British Airways Plc QBD 26-Jul-1995
British Airways were in breach of contract with their own employees, by bringing British Caledonian pilots into the company at a level above their own original staff. . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 31 October 2022; Ref: scu.77641

Regina v Secretary of State for Defence Ex Parte Lustig Prean and Others: CA 7 Nov 1995

A ban on homosexuals serving in armed forces was not irrational; challenge failed.

Citations:

Independent 07-Nov-1995

Jurisdiction:

England and Wales

Citing:

Appealed toLustig-Prean and Beckett v The United Kingdom ECHR 27-Sep-1999
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 8; No separate issue under Art. 14+8; Just satisfaction reserved
Hudoc Judgment (Just satisfaction) . .

Cited by:

Appeal fromLustig-Prean and Beckett v The United Kingdom ECHR 27-Sep-1999
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 8; No separate issue under Art. 14+8; Just satisfaction reserved
Hudoc Judgment (Just satisfaction) . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 27 October 2022; Ref: scu.87697

London Underground Ltd v National Union of Railwaymen, Maritime and Transport Workers (NURMT): CA 9 Oct 1995

A Union’s immunity from action was not lost where employees who had joined the company after the strike ballot had been completed, were encouraged by the union to join in the strike. The constituency defined in section 227(1) must include all members whom it is reasonable for the union to believe will be induced to take part in the industrial action and it must not include any others: ‘If the union intends to call out signalmen but not train drivers, the signalmen must be balloted; the train drivers must not’.
Millett LJ said: ‘ Parliament’s object in introducing the democratic requirement of a secret ballot is not to make life more difficult for trade unions by putting further obstacles in their way before they can call for industrial action with impunity, but to ensure that such action should have the genuine support of the members who are called upon to take part. The requirement has not been imposed for the protection of the employer or the public, but for the protection of the union’s own members . . It would be astonishing if a right which was first conferred by Parliament in 1906, which has been enjoyed by trade unions ever since and which is today recognised as encompassing a fundamental human right, should have been removed by Parliament by enacting a series of provisions intended to strengthen industrial democracy and governing the relations between a union and its own members.’

Judges:

Millett LJ

Citations:

Ind Summary 30-Oct-1995, Times 09-Oct-1995, [1996] ICR 170, [1995] IRLR 636

Statutes:

Trade Union and Labour Relations (Consolidation) Act 1992 219 227(1)

Jurisdiction:

England and Wales

Cited by:

CitedIn re P (a minor by his mother and litigation friend); P v National Association of Schoolmasters/Union of Women Teachers HL 27-Feb-2003
The pupil had been excluded from school but then ordered to be re-instated. The teachers, through their union, refused to teach him claiming that he was disruptive. The claimant appealed a refusal of an injunction. The injunction had been refused on . .
CitedMetrobus Ltd v Unite the Union CA 31-Jul-2009
The union sought leave to appeal against an interim injunction restraining it from calling a strike. It now called in aid also its members’ Article 11 Human Rights. The company had questioned whether the ballot met the requirements of the 1992 Act. . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 27 October 2022; Ref: scu.83178

Longdon v British Coal Corporation: CA 9 Mar 1995

A pension paid on incapacity as an alternative to retirement was not deductible from damages payable later for negligence. There was no double recovery.

Citations:

Times 14-Apr-1995, Gazette 12-Apr-1995

Jurisdiction:

England and Wales

Employment, Personal Injury, Damages, Benefits

Updated: 27 October 2022; Ref: scu.83185

Barber v Staffordshire County Council: CA 29 Jan 1996

A dismissal of a claim without consideration by the tribunal created an issue estoppel. Issue estoppel rules apply equally to Industrial Tribunal decisions as elsewhere. Redundancy claim once withdrawn on one ground could not be revived on another. An order dismissing an Employment Tribunal claim on withdrawal by the Claimant is a judicial decision giving rise to cause of action estoppel.

Citations:

Gazette 14-Feb-1996, Independent 02-Feb-1996, Times 29-Jan-1996, [1996] ICR 379, [1996] IRLR 229

Jurisdiction:

England and Wales

Citing:

Appeal fromStaffordshire County Council v Barber EAT 20-Oct-1995
. .

Cited by:

CitedRothschild Asset Management Limited v Ako CA 1-Mar-2002
The applicant had, in earlier proceedings before the Employment Tribunal, withdrawn issues she had raised. She now sought to pursue them, and the respondent asserted that she was estopped from doing so, and that the matter was res judicata. The . .
CitedT-Mobile (Uk) Ltd. and Another v Office of Communications CA 12-Dec-2008
The claimant telecoms companies objected to a proposed scheme for future licensing of available spectrum. The scheme anticipated a bias in favour of auctioniung such content. It was not agreed whether any challenge to the decision should be by way . .
CitedSodexho Ltd v Gibbons EAT 14-Jul-2005
EAT Deposit ordered. Order lost in post due to the Claimant putting wrong post-code on ET1. Review. Distinguishing Judgments from Orders. Strike-out. Extending time. . .
DistinguishedSajid v Sussex Muslim Society CA 2-Oct-2001
The defendant appealed against the strike out of parts of its defence. The claimant was employed as the mosque director and imam. He had brought an action in the Industrial Tribunal alleging wrongful dismissal, but notifying the defendants that any . .
Lists of cited by and citing cases may be incomplete.

Employment, Estoppel

Updated: 27 October 2022; Ref: scu.78186

Biggs v Somerset County Council: CA 29 Jan 1996

The employee at the time of her dismissal was expressly debarred by statute from bringing her complaint of unfair dismissal because she was a part-time employee. It was only many years later the statute was held to impugn EU law and had done so retrospectively.
Held: Despite the fact that the Claimant could not have known at the time she was dismissed that she had a legal right to bring a complaint, she could in theory have brought a complaint arguing that the statute which disbarred her infringed Article 119. Had she done so she would have been correct in her assertions. Her ignorance of the law was not a factor she was permitted to rely on. The Court held that the expression ‘reasonable practicable’ was directed to difficulties faced by an individual Claimant, whereas the Applicant’s mistake as to her rights were was a mistake of law and that it would be contrary to the principle of legal certainty to allow past transactions to be reopened and limitation periods to be circumvented because the existing law at the relevant time had not then been fully explained or fully understood. Accordingly it had been reasonably practicable for the Applicant to present a claim within the prescribed time, and that, taking into account all the circumstances in order to achieve a fair balance, her claim would not have been presented within a reasonable period.
Neil LJ said: ‘The fact that after 1 January 1973 Acts of Parliament and other United Kingdom legislation might have to yield to provisions determined by a different and superior system of law was, I suspect, fully appreciated only by a comparatively small number of people. . But in my view it would be contrary to the principle of legal certainty to allow past transactions to be re-opened and limitation periods to be circumvented because the existing law at the relevant time had not yet been explained or had not been fully understood.’

Judges:

Neil LJ

Citations:

Gazette 14-Feb-1996, Independent 01-Feb-1996, Times 29-Jan-1996, [1996] IRLR 203, [1996] ICR 364

Jurisdiction:

England and Wales

Citing:

Appeal fromBiggs v Somerset County Council EAT 23-Feb-1995
Change on admissibility of claims for part timers does not affect time limits . .

Cited by:

CitedTayside Regional Council v Ann McDiarmid Morrison EAT 27-Aug-2001
The applicant had been employed under a contract for four hours per week. At the time of the dismissal, the minimum requirement for job security was 16 hours. The later decision of the Lords that that rule was discriminatory served to start her . .
CitedTuntum Housing Association v Aryeetey EAT 12-Oct-2007
EAT Time Limits – Reasonably practicability
Practice and Procedure – Bias, misconduct and procedural irregularity
Chairman’s mistake as to necessity for further claim following Claimant’s solicitors . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 27 October 2022; Ref: scu.78398

Boyo v London Borough of Lambeth: CA 8 Mar 1994

An employee dismissed by his employer’s act of repudiation of the contract, is entitled to receive money in lieu of notice as well as compensation for a reasonable period for carrying out the appropriate disciplinary procedure.
Ralph Gibson LJ said: ‘Further, if there is a requirement of law for acceptance by the servant of the repudiation by the master, I am unable to see why it is not a requirement for a real acceptance, that is to say a conscious acceptance intending to bring the contract to an end or the doing of some act which is inconsistent with the continuation of the contract. If that is right, I do not understand how the courts would apply the notion of ‘easily inferring that the innocent party has accepted . . the repudiation’.’ and
‘If acceptance by the plaintiff of the repudiation was necessary was there acceptance? In my judgement there was not at any time before the hearing, unless ‘acceptance’ for this purpose can be taken to mean no more than the internal but unwilling acknowledgement that the plaintiff will not escape from being treated as if he had accepted. As stated above, I do not accept that it can properly be taken to mean no more than that. I can see no relevance in the fact that the plaintiff had deliberately formulated his case in a particular way for tactical reasons. If the law permits him to do so why should he not?’

Judges:

Staughton LJ, Ralph Gibson LJ, Sir Francis Purchas

Citations:

[1994] EWCA Civ 28, [1995] IRLR 50, [1994] ICR 727

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

AppliedGunton v Richmond-upon-Thames London Borough Council CA 1980
The plaintiff college registrar had been the subject of disciplinary proceedings, but the defendant had not followed the contractual procedure. The judge had ordered an inquiry as to damages on the basis that the Plaintiff was entitled to remain in . .

Cited by:

CitedSociete Generale, London Branch v Geys SC 19-Dec-2012
The claimant’s employment by the bank had been terminated. The parties disputed the sums due, and the date of the termination of the contract. The court was asked ‘Does a repudiation of a contract of employment by the employer which takes the form . .
See AlsoBoyo v London Borough of Lambeth EAT 4-Dec-1995
. .
Lists of cited by and citing cases may be incomplete.

Employment, Damages

Updated: 27 October 2022; Ref: scu.263223

Regina v Board of Trustees of the Science Museum: CA 26 May 1993

The appellants were convicted of failing to conduct their undertaking in such a way as to ensure, so far as was reasonably practicable, persons not in their employment were not exposed to risks to their health and safety. One of their buildings contained two cooling towers which, when inspected, were found to contain the bacteria which causes legionnaire’s disease. No-one had actually succumbed to that disease, but there was a risk to health and safety and the prosecution’s case was that prima facie there was a breach of section 3(1) because the appellants had failed to ensure that persons not in their employment were not exposed to that risk. The appellants contended that no actual risk to the public had been established.
Held: Section 3(3) of the 1974 Act contains an absolute prohibition subject only to the defence in the section of reasonable practicality. The court referred to the concept of risk as containing the idea of ‘a possibility of danger’.
Steyn LJ said that the ordinary meaning of the word ‘risks’ supported the prosecution’s interpretation that the section was concerned with the possibility of danger: ‘The adoption of the restrictive interpretation argued for by the defence would make enforcement of section 3(1), and to some extent also of sections 20, 21 and 22, more difficult and would in our judgment result in a substantial emasculation of a central part of the Act of 1974. The interpretation which renders those statutory provisions effective in their role of protecting public health and safety is to be preferred.’

Judges:

Steyn LJ

Citations:

Gazette 26-May-1993, [1993] 1 WLR 1171

Statutes:

Health and Safety at Work Act 1974 3(1) 33

Jurisdiction:

England and Wales

Cited by:

AppliedRegina v British Steel Plc CACD 31-Dec-1994
British Steel employed two sub-contractors to work in moving a steel tower under their supervision. One platform fell on one of the sub-contractors, killing him. British Steel claimed they had delegated their responsibilities under the Act, and were . .
CitedHampstead Heath Winter Swimming Club and Another v Corporation of London and Another Admn 26-Apr-2005
Swimmers sought to be able to swim unsupervised in an open pond. The authority which owned the pond on Hampstead Heath wished to refuse permission fearing liability for any injury.
Held: It has always been a principle of the interpretation of . .
CitedChargot Limited (T/A Contract Services) and Others, Regina v HL 10-Dec-2008
The victim died on a farm when his dumper truck overturned burying him in its load.
Held: The prosecutor needed to establish a prima facie case that the results required by the Act had not been achieved. He need only establish that a risk of . .
CitedRegina v Porter CACD 19-May-2008
Everyday risks may be outwith Health and Safety
The defendant appealed against his conviction under the 1974 Act. He was headmaster at a private school. A child of three jumped from steps in the playground injured his head and was taken to hospital where he contracted MRSA and died.
Held: . .
Lists of cited by and citing cases may be incomplete.

Employment, Health and Safety

Updated: 26 October 2022; Ref: scu.86155

Powdrill and Another v Watson and Another: CA 1 Mar 1994

The administrators of a company are deemed to have accepted the employees who had been kept on after 14 days. A letter from them denying that they would accept them as employees, was insufficient to prevent adoption of the contracts.

Citations:

Independent 22-Mar-1994, Gazette 08-Jun-1994, Gazette 20-Apr-1994, Times 01-Mar-1994, Ind Summary 14-Mar-1994

Statutes:

Insolvency Act 1986 19(5) 27

Jurisdiction:

England and Wales

Citing:

Appealed toPowdrill and Another v Watson and Another HL 23-Mar-1995
A receiver of a companies assets, who employed former staff of the company, beyond an initial period of 14 days, becomes personally responsible for their employment contracts, and consequently becomes liable for making redundancy payments. The 1870 . .

Cited by:

Appeal fromPowdrill and Another v Watson and Another HL 23-Mar-1995
A receiver of a companies assets, who employed former staff of the company, beyond an initial period of 14 days, becomes personally responsible for their employment contracts, and consequently becomes liable for making redundancy payments. The 1870 . .
Lists of cited by and citing cases may be incomplete.

Employment, Insolvency

Updated: 26 October 2022; Ref: scu.84825

Jones v University of Manchester: CA 10 Mar 1993

A claim for sex discrimination based on an age requirement was wrongly based. The proportion of mature graduates was irrelevant in the appropriate pool. The Court cautioned tribunals to avoid placing artificial limitations on the scope of the pool and indicated that it should comprise all those persons, male and female, who satisfied, or would satisfy, all the relevant criteria apart from the PCP in question. Identifying the numbers of men and women who could comply with the PCP was insufficient. The correct analysis required the tribunal to look further at the relative proportions of men and women who could comply, in relation to the total numbers of men and women to whom the PCP was or would be applied.
Ralph Gibson LJ said: ‘We have been told that section 1(1) has not before been considered by this court with reference to the concept of the pool. The language of the section has been set out above. In order to compare the proportion of women who can comply with the requirement with the proportion of men who can comply with it, it is necessary to determine the relevant total. In my judgment, the relevant total is the number of men and women referred to in the subsection, i.e., those men and women to whom the person – in this case, the employer – applies or would apply the requirement. In this case, that means all men and women graduates with the relevant experience. I do not accept that the relevant total is all men and women: the employer would have no occasion to apply the requirement to any men or women other than those who are able to comply with the requirements of the advertisement other than the requirement in question . . Further, I do not accept that the relevant total is merely of those men and women who can comply with the requirement. The section refers not to the number of men and the number of women who can comply with the requirement but to the proportion of men and of women. That shows, in my judgment, that those men and those women who can comply with the requirement are to be considered as a proportion of another number, and that that number must be the relevant total of men and women to whom the requirement is or would be applied.’

Judges:

Ralph Gibson LJ

Citations:

Gazette 10-Mar-1993, [1993] ICR 474, [1993] IRLR 21

Statutes:

Sex Discrimination Act 1975 1(1)(b)(I)

Jurisdiction:

England and Wales

Cited by:

CitedSecretary 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 . .
CitedLondon Underground Ltd v Edwards EAT 14-Feb-1995
The Tribunal considered the difficulties arising where one party was not represented, but where the case gave rise to difficult questions of law. In this case the claimant alleged sex discrimination in the context of rostering arrangements making . .
Lists of cited by and citing cases may be incomplete.

Employment, Discrimination

Updated: 26 October 2022; Ref: scu.82616

Dines and Others v Initial Health Care Services Ltd and Another: CA 27 May 1994

A new company which is doing the same task with the same employees as a former company has been involved in a transfer of undertaking under the Regulations.

Citations:

Times 27-May-1994, [1994] IRLR 336

Statutes:

Transfer of Undertakings (Protection of Employment) Regulations 1981 (1981 No 1794)

Jurisdiction:

England and Wales

Citing:

Appeal fromDines and others v Initial Healthcare Services and Another EAT 8-Jul-1993
. .

Cited by:

Appealed toDines and others v Initial Healthcare Services and Another EAT 8-Jul-1993
. .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 26 October 2022; Ref: scu.79969

Balfour v Foreign and Commonwealth Office: CA 10 Dec 1993

A judge may choose not to inspect the documents behind a Public Interest immunity certificate if that certificate had been given for reasons of National Security. The court must always be vigilant to ensure that public interest immunity of whatever kind is raised only in appropriate circumstances and with appropriate particularity.

Judges:

Russell LJ

Citations:

Independent 10-Dec-1993, Times 10-Dec-1993, [1994] 1 WLR 681, [1994] 2 All ER 588, [1994] ICR 277

Jurisdiction:

England and Wales

Cited by:

CitedSomerville v Scottish Ministers HL 24-Oct-2007
The claimants complained of their segregation while in prison. Several preliminary questions were to be decided: whether damages might be payable for breach of a Convention Right; wheher the act of a prison governor was the act of the executive; . .
CitedAl Rawi and Others v The Security Service and Others SC 13-Jul-2011
The claimant pursued a civil claim for damages, alleging complicity of the respondent in his torture whilst in the custody of foreign powers. The respondent sought that certain materials be available to the court alone and not to the claimant or the . .
Lists of cited by and citing cases may be incomplete.

Employment, Litigation Practice

Updated: 26 October 2022; Ref: scu.78110

Blackpool and the Fylde College v Naitonal Association of Teachers In Further and Higher Education: CA 23 Mar 1994

A trades union is to tell the employer who is being balloted for strike action. Its notice of industrial action must identify those to be ballotted.

Judges:

Thomas Bingham MR

Citations:

Times 23-Mar-1994, Ind Summary 18-Apr-1994, [1994] ICR 648

Statutes:

Trade Union Reform & Employment Rights Act 1993, Trade Union and Labour Relations (Consolidation) Act 1992

Jurisdiction:

England and Wales

Cited by:

CitedIn re P (a minor by his mother and litigation friend); P v National Association of Schoolmasters/Union of Women Teachers HL 27-Feb-2003
The pupil had been excluded from school but then ordered to be re-instated. The teachers, through their union, refused to teach him claiming that he was disruptive. The claimant appealed a refusal of an injunction. The injunction had been refused on . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 26 October 2022; Ref: scu.78437

Darlington Memorial Hospital NHS Trust v Edwards and Vincent: EAT 29 Jul 1996

Appeal to us by Darlington Memorial Hospital NHS Trust against a decision which found that each of the two Respondents to the appeal, both senior employees of the Hospital, had been unfairly dismissed by unfair selection for redundancy.

Citations:

[1996] UKEAT 678 – 95 – 2907

Links:

Bailii

Jurisdiction:

England and Wales

Employment

Updated: 11 October 2022; Ref: scu.208498

Felix Palacios de la Villa v Cortefiel Servicios SA: ECJ 16 Oct 2007

ECJ (Grand Chamber) Spain had legislated for compulsory retirement when it wanted to encourage recruitment; then abolished it when economic circumstances improved and it wanted to encourage people to stay in work; and then reintroduced it by allowing collective agreements to prescribe retirement ages, provided that the worker had qualified for a retirement pension.
Held: Despite recital 14, requiring retirement at a particular age is direct age discrimination within the meaning of article 2(1) and 2(2)(a) and has therefore to be justified. But this did not preclude national legislation allowing for this, even if the social policy aims were not spelled out in the legislation, as long as it could be decided from the context and other sources what those aims were. The encouragement of recruitment was a legitimate aim. The means employed had still to be both appropriate and necessary, although member states (and where appropriate social partners) enjoyed a broad discretion in the choice both of the aims and of the means to pursue them. The measure in question did not unduly prejudice the legitimate claims of the workers because it was based, not only on a specific age, but also on having qualified for a pension.
It is not necessary for the national measure at issue, in order to be justifiable under article 6(1) of the Directive, to refer expressly to a legitimate aim of the kind envisaged in article 6(1); it suffices that ‘other elements, taken from the general context of the measure concerned, enable the underlying aim of that law to be identified for the purposes of judicial review of its legitimacy and whether the means put in place to achieve that aim are appropriate and necessary.’

Judges:

Skouris P

Citations:

Times 23-Oct-2007, [2007] ECR I-8531, C-411/05, [2009] ICR 1111, [2007]EUECJ C-411/05, [2007] Pens LR 411, [2007] IRLR 989, [2008] 1 CMLR 16, [2008] All ER (EC) 249

Links:

Bailii

Statutes:

Council Directive 2000/78/EC

Jurisdiction:

European

Citing:

OrderFelix Palacios de la Villa v Cortefiel Servicios SA ECJ 15-Feb-2007
Europa Council Directive 2000/78/EC Article 6 – General principle of Community law – Age discrimination – Compulsory retirement – Direct effect – Obligation to set aside conflicting national law. . .

Cited by:

CitedIncorporated Trustees of The National Council For Ageing v Secretary of State for Business, Enterprise and Regulatory Reform ECJ 5-Mar-2009
(Third Chamber) The trustees complained that the respondent had failed to implement the Directive, in that there remained, for example, rules allowing employers to have fixed retirement ages.
Held: The complaint failed. The Directive allowed . .
CitedRolls-Royce plc v Unite the Union CA 14-May-2009
The parties disputed whether the inclusion of length of service within a selection matrix for redundancy purposes would amount to unlawful age discrimination. The court was asked whether it was correct to make a declaratory judgment when the case . .
CitedSeldon v Clarkson Wright and Jakes (A Partnership) CA 28-Jul-2010
The claimant solicitor said that the compulsory retirement from his partnership on age grounds was discriminatory, and that the UK Regulations had not implemented the Directive fully.
Held: The appeal failed. The purpose of the provision as to . .
CitedSeldon v Clarkson Wright and Jakes SC 25-Apr-2012
The appellant claimed that the requirement imposed on him to retire from his law firm partnership on attaining 65 was an unlawful discrimination on the grounds of age.
Held: The matter was remitted to the Employment tribunal to see whether the . .
CitedO’Brien v Ministry of Justice SC 6-Feb-2013
The appellant, a part time recorder challenged his exclusion from pension arrangements.
Held: The appeal was allowed. No objective justification has been shown for departing from the basic principle of remunerating part-timers pro rata . .
Lists of cited by and citing cases may be incomplete.

Employment, Discrimination

Updated: 07 October 2022; Ref: scu.261649

R and R Plant (Peterborough) Ltd v Bailey: CA 2 Apr 2012

The company appealed against a finding as to its compliance with the 2006 Regulations in the notices given to the respondent as to her retirement.

Judges:

Ward, McFarlane LJJ, Dame Janet Smith

Citations:

[2012] EWCA Civ 410

Links:

Bailii

Statutes:

Employment Equality (Age) Regulations 2006

Jurisdiction:

England and Wales

Employment, Discrimination

Updated: 06 October 2022; Ref: scu.452413

Hammersmith and Fulham London Borough Council v Ladejobi: EAT 2 Sep 1999

The time limits for lodging appeals against Employment tribunal rulings are strict. The date of promulgation is the operative date from which the date sent is to be calculated. The rules set aside the normal rules on interpretation as to when a document might be deemed to arrive.

Judges:

Morrison P

Citations:

Gazette 02-Sep-1999, [1999] ICR 673

Statutes:

Employment Appeal Rules 1993, Interpretation Act 1978 7

Jurisdiction:

England and Wales

Citing:

See AlsoLondon Borough of Hammersmith and Fulham v Ladejobi EAT 1-Nov-1998
The tribunal was asked as to the date from which time started to run for the purposes of calculating the 42-day period within which an appeal should have been brought from a decision of an Employment Tribunal, if it was to be brought at all.

Cited by:

AppliedGdynia American Shipping Lines (London) Ltd v Chelminski CA 8-Jul-2004
The employers had sought to appeal from a decision of the employment tribunal. The EAT had refused it as out of time.
Held: The rules required the appellant to file within 42 days of receiving the decision, the notice of appeal together with a . .
CitedSodexho Ltd v Gibbons EAT 14-Jul-2005
EAT Deposit ordered. Order lost in post due to the Claimant putting wrong post-code on ET1. Review. Distinguishing Judgments from Orders. Strike-out. Extending time. . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 05 October 2022; Ref: scu.81207

Customer Systems Plc v Ranson and Others: QBD 16 Dec 2011

Judges:

Sir Raymond Jack

Citations:

[2011] EWHC 3304 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

At QBDCustomer Systems Plc v Ranson CA 29-Mar-2012
Leave to appeal granted. . .
Appeal fromRanson v Customer Systems Plc CA 27-Jun-2012
Lewison LJ considered the contractual duty of fidelity within an employment contract:
‘It is not disputed that an employee has an obligation of fidelity towards his employer. If the obligation is not expressed, it will invariably be implied.
Lists of cited by and citing cases may be incomplete.

Employment, Contract, Torts – Other

Updated: 04 October 2022; Ref: scu.450159

London Underground Ltd v The Associated Society of Locomotive Engineers and Firemen: QBD 22 Dec 2011

The defendants proposed to engage in strike action in relation to proposed arrangements for working in Boxing Day. The employer said that the ballot had not been conducted as required.

Citations:

[2011] EWHC 3506 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Employment

Updated: 04 October 2022; Ref: scu.450162

Key2Law (Surrey) Llp v De’Antiquis: CA 20 Dec 2011

Judges:

Longmore, Rimer LJJ, Warren J

Citations:

[2011] EWCA Civ 1567, [2012] 2 BCLC 195, [2012] ICR 881, [2012] 2 CMLR 8, [2012] IRLR 212, [2012] BCC 375

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

CitedPhones 4U Ltd v EE Ltd ComC 16-Jan-2018
The parties contracted for the marketing of contracts for the marketing of the defendant’s mobile phone contracts. On the claimant entering administration, the defendant exercised a clause in their contract to terminate the contract. The claimant . .
Lists of cited by and citing cases may be incomplete.

Employment, Insolvency

Updated: 04 October 2022; Ref: scu.450108

Chong v Marek and Co: EAT 23 Jan 2002

EAT Unfair Dismissal – Compensation.

Judges:

The Honourable Mr Justice Bell

Citations:

[2002] UKEAT 361 – 01 – 2301, EAT/361/01

Links:

Bailii, EAT

Jurisdiction:

England and Wales

Citing:

See AlsoChong v Marek and Co EAT 25-Feb-2000
. .
See AlsoChong v Marek and Co EAT 12-Sep-2001
. .

Cited by:

See AlsoChong v Marek and Co EAT 29-May-2003
EAT Unfair Dismissal – Reason for dismissal including substantial other reason.
Calculation of compensation for unfair dismissal. . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 29 September 2022; Ref: scu.202413

Colesby v Mountain Spring Water Co Ltd: EAT 11 Sep 2003

EAT Practice and Procedure – Application/Claim.

Judges:

Her Honour Judge A Wakefield

Citations:

[2003] EAT 0451 – 03 – 1109, [2003] UKEAT 0451 – 03 – 1109, EAT/451/03

Links:

Bailii, Bailii, EAT

Jurisdiction:

England and Wales

Cited by:

See AlsoMountain Spring Water Co Ltd v Colesby EAT 18-Apr-2005
EAT Unfair Dismissal – Reasonableness of dismissal. . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 29 September 2022; Ref: scu.187252

Renwick v Scottish Widows Services Ltd: EAT 8 Sep 2003

EAT Practice and Procedure – Estoppel or Abuse of Process.
Appeal against order striking out the claim.
Public Interest Disclosure

Judges:

His Hon Judge D Serota QC

Citations:

[2003] EAT 1225 – 02 – 0809, [2003] UKEAT 1225 – 02 – 0809, UKEAT/1225/02

Links:

Bailii, Bailii, EAT

Jurisdiction:

England and Wales

Employment

Updated: 29 September 2022; Ref: scu.189612