Judges:
Byrt QC HHJ
Citations:
[1999] UKEAT 65 – 99 – 0505
Links:
Jurisdiction:
England and Wales
Employment
Updated: 14 June 2022; Ref: scu.205263
Byrt QC HHJ
[1999] UKEAT 65 – 99 – 0505
England and Wales
Updated: 14 June 2022; Ref: scu.205263
The tribunal considered a disability discrimination appeal.
Held: ‘In our judgment the tribunal fell into error by considering the question of disability only as at the date of the alleged discriminatory act. We are quite satisfied, as the Guidance makes clear, that the tribunal should consider the adverse effects of the applicant’s condition up to and including the industrial tribunal hearing. By disregarding its findings of fact as to the actual recurrence of the adverse effects of the applicant’s condition which led him to go off work by reason of depression on 16 August 1997 and to continue off work until the date of the tribunal hearing the tribunal’s approach was fatally flawed.’
His Honour Judge Peter Clark
[1999] UKEAT 867 – 98 – 1706, [1999] ICR 969
Disability Discrimination Act 1995
Cited – Richmond Adult Community College v McDougall CA 17-Jan-2008
The claimant had been offered and had accepted a job subject to satisfactory health clearance. When that was not received her offer was withdrawn. She had suffered a condition which would affect her daily activities, but had recovered from that . .
Cited – East Sussex County Council v Hancock EAT 5-Nov-2003
EAT The Council appealed against a finding that the respondent, their employee, was disabled under the 1995 Act. He suffered from a long term mixed anxiety and depression disorder, but the Council disputed that . .
Lists of cited by and citing cases may be incomplete.
Updated: 14 June 2022; Ref: scu.205305
[1999] UKEAT 390 – 98 – 0107
England and Wales
Updated: 14 June 2022; Ref: scu.205406
[1999] UKEAT 526 – 99 – 0807
Updated: 14 June 2022; Ref: scu.205397
[1999] UKEAT 729 – 97 – 2004
England and Wales
See Also – Broudie and Another v Khan EAT 15-Jan-1997
. .
See Also – Broudie and Another v Khan EAT 21-Jun-1999
. .
See Also – Broudie and Another v Khan EAT 21-Oct-1999
EAT Sex Discrimination – Direct . .
Lists of cited by and citing cases may be incomplete.
Updated: 14 June 2022; Ref: scu.205056
[1999] UKEAT 13 – 99 – 3009
England and Wales
Updated: 14 June 2022; Ref: scu.205077
[1999] UKEAT 192 – 99 – 2603
England and Wales
Appeal from – Pandya v Leicester City Council CA 19-Jul-1999
. .
Lists of cited by and citing cases may be incomplete.
Updated: 14 June 2022; Ref: scu.204999
[1999] UKEAT 185 – 99 – 1504
Updated: 14 June 2022; Ref: scu.205054
[1999] UKEAT 283 – 99 – 1203
England and Wales
Updated: 14 June 2022; Ref: scu.205014
[1999] UKEAT 973 – 98 – 0103
England and Wales
See Also – Thoburn v Eve Group Plc EAT 1-Nov-1998
. .
See Also – Thoburn v Eve Group Plc EAT 1-Nov-1998
. .
Lists of cited by and citing cases may be incomplete.
Updated: 14 June 2022; Ref: scu.205039
[1999] UKEAT 1455 – 98 – 2804
Updated: 14 June 2022; Ref: scu.205129
[1999] UKEAT 1502 – 98 – 3003
England and Wales
Updated: 14 June 2022; Ref: scu.205008
[1999] UKEAT 226 – 99 – 1105
Updated: 14 June 2022; Ref: scu.205148
[1999] UKEAT 721 – 98 – 0104
England and Wales
Updated: 14 June 2022; Ref: scu.205086
[1999] UKEAT 453 – 99 – 1304
Updated: 14 June 2022; Ref: scu.205073
[1999] UKEAT 14 – 99 – 2804
England and Wales
Updated: 14 June 2022; Ref: scu.205122
[1999] UKEAT 1270 – 98 – 1103
England and Wales
Updated: 14 June 2022; Ref: scu.205028
[1999] UKEAT 486 – 98 – 1803
England and Wales
Updated: 14 June 2022; Ref: scu.205038
Appeal by Mr Turner against an Employment Tribunal’s order that his case on the merits be not heard until after the Employment Appeal Tribunal has heard and determined an appeal by his former employers, which they wish to make against a previous decision of the Employment Tribunal, that held that they had jurisdiction to deal with Mr Turner’s complaint.
Morison P J
[1999] UKEAT 310 – 99 – 2303
England and Wales
See Also – Harada Ltd (T/A Chequepoint UK Ltd) v Turner EAT 15-Jul-1999
Appeal against finding that defendant was subject to the jurisdiction of the court. . .
See Also – Harada Ltd T/A Chequepoint UK Ltd v Turner EAT 2-Nov-1999
EAT Jurisdiction – . .
See Also – Harada Ltd v Turner CA 6-Apr-2001
The claimant had sought damages alleging unfair dismissal and unlawful deductions from his wages. The defendant argued that it was not subject to the jurisdiction of the court. During preliminary discussions, the judge hearing the application was . .
See Also – Harada Ltd (T/A Chequepoint Uk) v Turner EAT 25-Feb-2003
EAT Procedural Issues – Employment Tribunal. . .
See Also – Harada Ltd (T/A Chequepoint UK) v Turner EAT 17-Mar-2003
. .
Lists of cited by and citing cases may be incomplete.
Updated: 14 June 2022; Ref: scu.205041
[1999] UKEAT 594 – 98 – 1903
England and Wales
Updated: 14 June 2022; Ref: scu.204929
[1999] UKEAT 594 – 98 – 1102
England and Wales
Updated: 14 June 2022; Ref: scu.204809
[1999] UKEAT 822 – 98 – 0103
Updated: 14 June 2022; Ref: scu.204920
[1999] UKEAT 504 – 98 – 1103
England and Wales
See Also – Henderson v Hunting Contract Services EAT 1-Jul-1998
. .
Lists of cited by and citing cases may be incomplete.
Updated: 14 June 2022; Ref: scu.204960
[1999] UKEAT 164 – 98 – 0802
England and Wales
Updated: 14 June 2022; Ref: scu.204853
[1999] UKEAT 1349 – 98 – 2402
Updated: 14 June 2022; Ref: scu.204883
[1999] UKEAT 1160 – 98 – 0902
England and Wales
See Also – Haddon v Van Den Bergh Foods Ltd EAT 10-Nov-1999
An employee did not return to work after a presentation to him of a good service award, because he had drunk alcohol. A new policy required staff not to return to work after consuming alcohol, but had also said that alcohol would not be provided. . .
Lists of cited by and citing cases may be incomplete.
Updated: 14 June 2022; Ref: scu.204830
[1999] UKEAT 27 – 99 – 1103
England and Wales
Updated: 14 June 2022; Ref: scu.204962
[1999] UKEAT 508 – 98 – 1103
England and Wales
Updated: 14 June 2022; Ref: scu.204973
[1999] UKEAT 1510 – 98 – 2603
England and Wales
Updated: 14 June 2022; Ref: scu.204976
[1999] UKEAT 10 – 99 – 2603
Updated: 14 June 2022; Ref: scu.204900
[1999] UKEAT 1216 – 98 – 1103
England and Wales
Updated: 14 June 2022; Ref: scu.204968
[1999] UKEAT 78 – 99 – 1603
England and Wales
Updated: 14 June 2022; Ref: scu.204911
[1999] UKEAT 896 – 98 – 0101
Updated: 14 June 2022; Ref: scu.204752
[1999] UKEAT 764 – 98 – 0101
Updated: 14 June 2022; Ref: scu.204758
Unlawful deduction
Pugsley HHJ
[2001] UKEAT 0933 – 01 – 1212
England and Wales
Updated: 14 June 2022; Ref: scu.204672
[1999] UKEAT 728 – 98 – 0101
Updated: 14 June 2022; Ref: scu.204775
[1999] UKEAT 881 – 98 – 0101
Updated: 14 June 2022; Ref: scu.204783
[1999] UKEAT 22 – 99 – 1301
England and Wales
Updated: 14 June 2022; Ref: scu.204780
[1999] UKEAT 620 – 98 – 0101
Updated: 14 June 2022; Ref: scu.204757
[1999] UKEAT 558 – 98 – 1202
England and Wales
Updated: 14 June 2022; Ref: scu.204801
Appeal on basis that ET decision was perverse.
Held: Leave given
Peter Clark HHJ
[1999] UKEAT 92 – 99 – 1902
England and Wales
Leave – Akinbile v South London Family Housing Association EAT 23-Sep-1999
. .
Leave – Akinbile v South London Family Housing Association EAT 20-Nov-2000
EAT Unfair Dismissal – Reason for dismissal including substantial other reason. . .
Lists of cited by and citing cases may be incomplete.
Updated: 14 June 2022; Ref: scu.204791
[1999] UKEAT 382 – 98 – 0101
England and Wales
Updated: 14 June 2022; Ref: scu.204705
[1999] UKEAT 559 – 98 – 1401
England and Wales
Updated: 14 June 2022; Ref: scu.204713
Peter Clark HHJ
[1999] UKEAT 1358 – 98 – 2801
England and Wales
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 . .
Lists of cited by and citing cases may be incomplete.
Updated: 14 June 2022; Ref: scu.204737
[1999] UKEAT 460 – 98 – 0101
Updated: 14 June 2022; Ref: scu.204740
[1999] UKEAT 686 – 98 – 0101
England and Wales
Updated: 14 June 2022; Ref: scu.204748
[1999] UKEAT 807 – 98 – 0101
England and Wales
Updated: 14 June 2022; Ref: scu.204724
[2001] UKEAT 0451 – 01 – 1212
England and Wales
Updated: 14 June 2022; Ref: scu.204652
Maurice Kay J
[2001] UKEAT 877 – 01 – 1712
Updated: 14 June 2022; Ref: scu.204635
[2001] UKEAT 0671 – 01 – 0312
England and Wales
Updated: 14 June 2022; Ref: scu.204590
[2001] UKEAT 936 – 01 – 1712
Updated: 14 June 2022; Ref: scu.204653
[2001] UKEAT 0869 – 01 – 1712
Updated: 14 June 2022; Ref: scu.204617
[2001] UKEAT 0740 – 01 – 1212
England and Wales
See Also – Opare-Addo v Wandsworth Borough Council EAT 11-Jul-2002
. .
See Also – Opare-Addo v Wandsworth EAT 5-Dec-2002
. .
Lists of cited by and citing cases may be incomplete.
Updated: 14 June 2022; Ref: scu.204650
[2001] UKEAT 775 – 00 – 1312
See Also – Bedfordshire Police v Liversidge CA 11-Dec-2001
. .
See Also – Bedfordshire Police v Liversidge EAT 10-Jul-2000
. .
See Also – Chief Constable of Bedfordshire Police v Liversidge EAT 21-Sep-2001
The Chief Constable appealed against a refusal to strike out a claim by the respondent that he had racially discriminated against her. Force members had used code words for racially abusive terms about her. The claim was that he was vicariously . .
Appeal From – Bedfordshire Police v Liversidge CA 24-May-2002
. .
Lists of cited by and citing cases may be incomplete.
Updated: 14 June 2022; Ref: scu.204598
[2001] UKEAT 0631 – 01 – 1911
England and Wales
Updated: 14 June 2022; Ref: scu.204582
[2001] UKEAT 1156 – 01 – 0312
England and Wales
Updated: 14 June 2022; Ref: scu.204632
Appeal against rejection of claim of disability discrimination.
Levy QC HHJ
[2001] UKEAT 0916 – 01 – 1112
England and Wales
Updated: 14 June 2022; Ref: scu.204593
[2001] UKEAT 158 – 00 – 0312
England and Wales
Updated: 14 June 2022; Ref: scu.204585
[2001] UKEAT 697 – 01 – 1911
England and Wales
Updated: 14 June 2022; Ref: scu.204464
[2001] UKEAT 651 – 01 – 0811
England and Wales
Updated: 14 June 2022; Ref: scu.204429
[2001] UKEAT 526 – 01 – 1110
England and Wales
Updated: 14 June 2022; Ref: scu.204390
[2001] UKEAT 0859 – 01 – 1911
England and Wales
Updated: 14 June 2022; Ref: scu.204466
[2001] UKEAT 0890 – 01 – 1311
England and Wales
Updated: 14 June 2022; Ref: scu.204450
[2001] UKEAT 737 – 01 – 1810
England and Wales
Updated: 14 June 2022; Ref: scu.204382
[2001] UKEAT 664 – 01 – 0811
England and Wales
Updated: 14 June 2022; Ref: scu.204486
[2001] UKEAT 1096 – 01 – 1110
England and Wales
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 . .
See Also – Asda Stores Ltd v Thompson, Pullan, and Caller EAT 16-Jun-2003
The appellants had been dismissed after investigations satisfied the employer that the employees had been using illegal drugs. Cross appeals were made in the following misconduct unfair dismissal claim. The employees complained of the use of . .
Lists of cited by and citing cases may be incomplete.
Updated: 14 June 2022; Ref: scu.204273
Langsstaff QC Rec
[2001] UKEAT 0342 – 01 – 1009
England and Wales
Updated: 14 June 2022; Ref: scu.204205
[2001] UKEAT 0753 – 01 – 2310
England and Wales
Updated: 14 June 2022; Ref: scu.204278
[2001] UKEAT 326 – 01 – 1110
England and Wales
Updated: 14 June 2022; Ref: scu.204322
[2001] UKEAT 681 – 01 – 1209
England and Wales
Updated: 14 June 2022; Ref: scu.204227
[2001] UKEAT 0487 – 01 – 2609
Updated: 14 June 2022; Ref: scu.204195
[2001] UKEAT 1006 – 00 – 2009
England and Wales
Updated: 14 June 2022; Ref: scu.204234
[2001] UKEAT 0559 – 01 – 1110
England and Wales
Updated: 14 June 2022; Ref: scu.204325
[2001] UKEAT 850 – 01 – 1209
England and Wales
Updated: 14 June 2022; Ref: scu.204228
[2001] UKEAT 723 – 01 – 2009
England and Wales
Updated: 14 June 2022; Ref: scu.204260
[2001] UKEAT 0702 – 01 – 2510
England and Wales
Updated: 14 June 2022; Ref: scu.204346
[2001] UKEAT 0587 – 00 – 0410
England and Wales
Updated: 14 June 2022; Ref: scu.204311
[2001] UKEAT 1452 – 99 – 1506
England and Wales
Updated: 14 June 2022; Ref: scu.204024
[2001] UKEAT 1385 – 99 – 2707
Updated: 14 June 2022; Ref: scu.204109
[2001] UKEAT 852 – 01 – 2407
England and Wales
Updated: 14 June 2022; Ref: scu.204078
[2001] UKEAT 0285 – 01 – 2706
England and Wales
Updated: 14 June 2022; Ref: scu.204037
[2001] UKEAT 0287 – 01 – 2707
Updated: 14 June 2022; Ref: scu.204091
[2001] UKEAT 1517 – 00 – 0806
England and Wales
Updated: 14 June 2022; Ref: scu.204019
[2001] UKEAT 0477 – 01 – 2707
Updated: 14 June 2022; Ref: scu.204042
[2001] UKEAT 0419 – 00 – 0507
Updated: 14 June 2022; Ref: scu.204066
[2001] UKEAT 0315 – 01 – 1707
Updated: 14 June 2022; Ref: scu.204043
[2001] UKEAT 1033 – 00 – 2707
Updated: 14 June 2022; Ref: scu.204059
[2001] UKEAT 410 – 01 – 2409
Updated: 14 June 2022; Ref: scu.204190
[2001] UKEAT 0263 – 01 – 2407
England and Wales
Updated: 14 June 2022; Ref: scu.204100
[2001] UKEAT 1136 – 99 – 1806
England and Wales
Updated: 14 June 2022; Ref: scu.204015
Claim of unfair constructive dismissal.
[2001] UKEAT 1105 – 01 – 1909
England and Wales
Updated: 14 June 2022; Ref: scu.204149
[2001] UKEAT 67 – 01 – 0806
England and Wales
Updated: 14 June 2022; Ref: scu.203987
[2001] UKEAT 1 – 01 – 0905
England and Wales
Updated: 14 June 2022; Ref: scu.203915
[2001] UKEAT 355 – 00 – 0805
England and Wales
Updated: 14 June 2022; Ref: scu.203921
[2001] UKEAT 769 – 00 – 0606
See Also – Lambrook Haileybury School v Gould EAT 1-Dec-1998
. .
See Also – Gould v Lambrook Haileybury School EAT 5-Jul-1999
. .
See Also – Gould v Lambrook Haileybury School EAT 28-Jul-1999
. .
See Also – Gould v Haileybury and Imperial Service College and Another EAT 6-Jun-2001
. .
See Also – Gould v Haileybury and Imperial Service College and Another EAT 6-Jun-2001
. .
See Also – Gould v Haileybury and Imperial Service College and Another EAT 6-Jun-2001
. .
See Also – Gould v Haileybury and Imperial Service College and Another EAT 6-Jun-2001
. .
See Also – Gould v The Governors of Haileybury and Imperial Services College and others EAT 19-Jul-2002
EAT Unfair Dismissal – Compensation . .
Lists of cited by and citing cases may be incomplete.
Updated: 14 June 2022; Ref: scu.203973
[2001] UKEAT 1387 – 00 – 0806
National Minimum Wage Regulations 1999 15
England and Wales
Updated: 14 June 2022; Ref: scu.203942