Tag: Employment

Tallon v Manchester TEC Ltd: EAT 18 Jan 1996

Judges:

C Smith QC HHJ

Citations:

[1996] UKEAT 210 – 95 – 1801

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Adams v GKN Sankey Ltd EAT 1980
The employee had been given twelve weeks notice of redundancy dismissal, and was not required to attend work during the notice period, but then worked additional days. A letter was written in November stating ‘you are given 12 weeks’ notice of . .
Cited – Stapp v The Shaftesbury Society CA 1982
The employer had told the claimant: ‘I must ask you to relinquish your duties with effect from today 7 February 1981’ and thereby summarily dismissed him.
Held: The employer was clearly summarily dismissing with immediate effect in a wholly . .
Cited – Chapman v Letheby and Christopher Ltd 1981
Date of termination of employment – employer required to show that the notice was clearly to the particular effect asserted by him. . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 18 June 2022; Ref: scu.208138

British Flowplant Group Ltd v Law and others: EAT 16 Dec 1997

Citations:

[1997] UKEAT 1047 – 96 – 1612

Links:

Bailii

Citing:

Cited – Meek v City of Birmingham District Council CA 18-Feb-1987
Employment Tribunals to Provide Sufficient Reasons
Tribunals, when giving their decisions, are required to do no more than to make clear their findings of fact and to answer any question of law raised.
Bingham LJ said: ‘It has on a number of occasions been made plain that the decision of an . .
Cited – Regina v British Coal Corporation, Ex Parte Price and Others QBD 28-May-1993
British Coal had the power to close coal mines once the unions had been consulted. The court gave guidance on the extent of consultation necessary.
Held: Fair consultation will involve consultation while consultations are at a formative stage; . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 18 June 2022; Ref: scu.207996

Ewane v Department for Education and Employment: EAT 19 Dec 1997

Citations:

[1997] UKEAT 1447 – 96 – 1912

Links:

Bailii

Citing:

Cited – Owusu v London Fire and Civil Defence Authority EAT 1-Mar-1995
The employee complained of his employer’s repeated failure to regrade him, and alleged discrimination. The employer said his claim was out of time.
Held: Mummery J made the distinction between single acts of discrimination, and continuing . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 18 June 2022; Ref: scu.208017

Eley v Huntleigh Diagnostics Ltd: EAT 1 Dec 1997

Citations:

[1997] UKEAT 1441 – 96 – 0112

Links:

Bailii

Citing:

Cited – Meek v City of Birmingham District Council CA 18-Feb-1987
Employment Tribunals to Provide Sufficient Reasons
Tribunals, when giving their decisions, are required to do no more than to make clear their findings of fact and to answer any question of law raised.
Bingham LJ said: ‘It has on a number of occasions been made plain that the decision of an . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 18 June 2022; Ref: scu.208015

Ainsworth and others v Whitbread Plc: EAT 17 Dec 1997

Citations:

[1997] UKEAT 1260 – 97 – 1712

Links:

Bailii

Citing:

Cited – Linfood Cash and Carry v Thomson EAT 1989
One employee had informed his employer that a fellow employee had stolen two books of credit notes. He refused to allow his identity to be disclosed for fear of reprisals. The Tribunal had held that the dismissal was unfair because although the . .
Cited – A v Company B Ltd 1997
The plaintiff had been called in and dismissed without being given any opportunity to defend himself. The company admitted unfair dismissal.
Held: Sir Richard Scott VC said: ‘I have to say that it seems to me grossly unfair that an employee . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 18 June 2022; Ref: scu.207987

Technology House Group Plc v Andrews: EAT 25 Nov 1997

The Appellant claims that the Respondent was not employed by them but by another Company. No formal appearance was entered by the Respondent and the alleged employers, Datacare Resources Plc, sent two letters which made the claim that the Respondent was an employee of Datacare.

Citations:

[1997] UKEAT 1005 – 97 – 2511

Links:

Bailii

Jurisdiction:

England and Wales

Employment

Updated: 18 June 2022; Ref: scu.207972

Unwin v Sackville School and Another: EAT 30 Jul 1997

Citations:

[1997] UKEAT 568 – 97 – 3007

Links:

Bailii

Cited by:

See Also – Unwin v Sackville School and Another EAT 1-Mar-1998
. .
See Also – Unwin v Sackville School and Another EAT 15-Dec-1999
EAT Procedural Issues – Employment Tribunal . .
See Also – Unwin v Sackville School and Another EAT 1-Feb-2000
The question is whether, a full Employment Tribunal having been empanelled to hear and determine the appellant, Mrs Unwin’s complaint of victimisation contrary to the Sex Discrimination Act 1975, the Chairman of that Employment Tribunal, Mr Rich, . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 18 June 2022; Ref: scu.207693

Mensah v West Middlesex University Hospital NHS Trust and others: EAT 16 Jul 1997

Citations:

[1997] UKEAT 557 – 97 – 1607

Links:

Bailii

Cited by:

See Also – Mensah v West Middlesex University Hospitals and others EAT 27-Feb-1998
. .
See Also – Mensah v West Middlesex University Hospitals and others EAT 1-May-1998
. .
See Also – Mensah v West Middlesex University Hospital NHS Trust and others EAT 23-Jul-1999
. .
See Also – Mensah v West Middlesex University Hospitals and others CA 10-Jul-2001
. .
See Also – Mensah v West Middlesex University Hospital NHS Trust and Another EAT 18-Jun-2003
. .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 18 June 2022; Ref: scu.207660

Aparau v Iceland Frozen Foods Plc: EAT 13 Oct 1997

Citations:

[1997] UKEAT 744 – 97 – 1310

Links:

Bailii

Citing:

See Also – Aparau v Iceland Frozen Foods Plc EAT 9-Oct-1995
. .

Cited by:

See Also – Aparau v Iceland Frozen Foods Plc EAT 12-Mar-1998
. .
See Also – Aparau v Iceland Frozen Foods Plc CA 12-Nov-1999
Where a case had been remitted by the EAT to a tribunal for reconsideration in respect of matters specified by the EAT, the tribunal’s consideration was to be limited to those matters remitted. It was not open to the tribunal to consider matters . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 18 June 2022; Ref: scu.207740

Abegaze v British Telecommunications Plc: EAT 9 Jul 1997

Judges:

Kirkwood J

Citations:

[1997] UKEAT 772 – 97 – 0907

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

See Also – Abegaze v British Telecommunications Plc EAT 20-Feb-1998
. .
See Also – Abegaze v British Telecommunications Plc EAT 15-Jul-1999
. .
See Also – Abegaze v British Telecommunications Plc EAT 12-May-2000
. .
See Also – Abegaze v British Telecommunications Plc CA 29-Jan-2001
Renewed application for permission to appeal. . .
See Also – Abegaze v British Telecommunications Plc EAT 30-Apr-2001
Preliminary hearing on appeal – application for adjournment. Dismissed on papers. . .
See Also – Abegaze v British Telecommunications Plc CA 5-Nov-2001
Leave to appeal refused. . .
Lists of cited by and citing cases may be incomplete.

Employment, Discrimination

Updated: 18 June 2022; Ref: scu.207592

London Borough of Lambeth v Blandford: EAT 20 May 1997

The tribunal considered making an order to strike out Lambeth’s case for failure to comply with orders for directions made by the Tribunal. On the question of the circumstances in which a striking out would be justified under rule 4 of the Tribunal rules the Logicrose case was cited.
Held: ‘We, for our part, would doubt whether Virdee [another decision of the Appeal Tribunal] is not a little too favourable to someone in Lambeth’s position because it is plainly the case, on authority, that if there is deliberate and wilful contumacious disobedience of an order of the Court then the person so responsible for such behaviour can find his or her case struck out, notwithstanding that a fair trial might still be possible. But where conduct of that high degree of blameworthiness is not proven, then the test suggested by the EAT in Virdee, we would say, is correct, namely that the Court has to consider whether any judgment ultimately obtained could not be considered to be fair between the parties. Here, there was and is no evidence that the substantive hearing in this case would necessarily, in the events that had occurred by the 2nd December 1996, have been unfair, or would be unfair, by reason of Lambeth’s delays and failures in relation to their non-compliance with the order.’

Judges:

Lindsey J

Citations:

[1997] UKEAT 237 – 97 – 2005

Links:

Bailii

Citing:

See Also – Blandford v London Borough of Lambeth EAT 30-Apr-1998
. .
Cited – Logicrose Ltd v Southend United Football Club Ltd CA 5-Feb-1988
The agent required the contractual counterparty to pay a bribe of pounds 70,000 to an offshore account.
Held: The bribe was held to be recoverable by the principal whether the principal rescinded or affirmed the contract because it was a . .

Cited by:

See also – Blandford v London Borough of Lambeth EAT 30-Apr-1998
. .
Cited – Arrow Nominees Inc, Blackledge v Blackledge ChD 2-Nov-1999
The applicants sought to strike out a claim under section 459. The two companies sold toiletries, the one as retail agent for the other. They disputed the relationship of the companies, and the use of a trading name. Documents were disclosed which . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 18 June 2022; Ref: scu.207486

London Borough of Wandsworth v D’Silva and Another: EAT 17 Mar 1997

Citations:

[1997] UKEAT 470 – 96 – 1703

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Appeal from – Wandsworth London Borough Council v D’Silva and Another CA 9-Dec-1997
The council wanted to change its Code of Practice on Staff Sickness. Employees objected. The Council argued that the Code was not part of the employment contract, and that in any event the contract reserved to the council the right to alter the . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 18 June 2022; Ref: scu.207323