Tag: Employment

BLP UK Ltd v Marsh: EAT 12 Jun 2001

Citations:

[2001] UKEAT 0187 – 01 – 1206

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

See Also – BLP UK Ltd v Marsh EAT 10-Apr-2002
EAT Unfair Dismissal – Other . .
At EAT – BLP UK Ltd v Marsh CA 23-Aug-2002
application for permission to appeal . .
See Also – BLP UK Ltd v Marsh CA 16-Jan-2003
. .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 14 June 2022; Ref: scu.203940

Oko-Jaja v Lewisham Borough of Lewisham: EAT 8 May 2001

The applicant had complained of disability discrimination, and failed. He had been ordered to pay a sum towards the costs of the respondent. He appealed that order. He had previously issued a complaint, and lost that complaint, being warned then of the possibility of such an order. This second complaint was of victimisation, but the decision makers knew nothing of his first complaint. His complaint was dismissed. The tribunal recognised the unreasonableness of his complaint, and the substantial cost to the respondent, and awarded pounds 250 costs. The respondent cross appealed, saying that the award should not have been so limited.
Held: In making that decision the tribunal had taken into account a suggestion that the appellant had had all relevant evidence available to him from an early stage. The nature of victimisation complaints is that they are difficult to prove, and it may often be proper for a complainant to rely upon the hope of cross examination.
EAT Procedural Issues – Employment Tribunal.

Judges:

Mrs Recorder Cox QC

Citations:

EAT/417/00, [2001] UKEAT 417 – 00 – 0805

Links:

Bailii, EAT

Statutes:

Employment Tribunals Constitution and Procedure Regulations 1993 Sch 1 r 12

Jurisdiction:

England and Wales

Citing:

Cited – M J Benyon and others v David Scadden and others EAT 14-Jun-1999
The tribunal had found that the claimants and their union had pursued their case, even though they recognised the weakness of the case, with the additional intention of persuading their employer to recognise their union, UNISON. Such behaviour was . .
Lists of cited by and citing cases may be incomplete.

Discrimination, Employment, Costs

Updated: 14 June 2022; Ref: scu.203899

A Mckenzie v East Sussex County Council: EAT 4 May 2001

Citations:

[2001] UKEAT 1346 – 00 – 0405

Links:

Bailii

Statutes:

Disability Discrimination Act 1996

Jurisdiction:

England and Wales

Citing:

See Also – A McKenzie v East Sussex County Council EAT 13-Dec-1999
EAT Disability Discrimination – Disability
The parties sought to settle the appeal by consent. The Tribunal was obliged to consider the merits before making an order. In this case the order requested was . .

Cited by:

See Also – A McKenzie v East Sussex County Council EAT 13-Dec-1999
EAT Disability Discrimination – Disability
The parties sought to settle the appeal by consent. The Tribunal was obliged to consider the merits before making an order. In this case the order requested was . .
Lists of cited by and citing cases may be incomplete.

Employment, Discrimination

Updated: 14 June 2022; Ref: scu.203890

HM Prison Service v Gundill: EAT 4 May 2001

Citations:

[2001] UKEAT 1375 – 00 – 0405

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Flint v Eastern Electricity Board EAT 1975
The employee had failed to mention at the hearing of his claim for a redundancy payment a fact which was arguably highly material to the issue of whether his refusal of alternative employment was reasonable; and his claim had been dismissed. He . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 14 June 2022; Ref: scu.203872

Enesco European Giftware Group Ltd v Birkett: EAT 25 Apr 2001

Citations:

[2001] UKEAT 190 – 01 – 2504

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Enesco European Giftware Group Ltd v Birkett EAT 6-Dec-2001
. .

Cited by:

See Also – Enesco European Giftware Group Ltd v Birkett EAT 6-Dec-2001
. .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 14 June 2022; Ref: scu.203785

MSF v Refuge Assurance Plc and Another: EAT 19 Feb 2001

The Union complained of inadequate consultation by the company on its making redundancies, and now appealed form a decision that the section had not been breached.

Judges:

Lindsay J P

Citations:

[2001] UKEAT 1371 – 99 – 1902, [2002] ICR 1365, [2002] IRLR 324, [2002] 2 CMLR 27, [2002] Emp LR 767

Links:

Bailii

Statutes:

Trade Union and Labour Relations (Consolidation) Act 1996 188

Jurisdiction:

England and Wales

Cited by:

See Also – MSF v Refuge Assurance Plc, United Friendly Insurance EAT 15-Feb-2002
EAT The EAT considered the employer’s duties to consult on making redundancies. The ET had found that company had satisfied the requirements. The Union argued that the duty to consult arose as soon as . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 14 June 2022; Ref: scu.203544

Turner v Scope (A Registered Charity): EAT 18 Dec 2002

Appeal from rejection of claim for constructive unfair dismissal and of discrimination.

Judges:

Timothy Brennan QC Rec

Citations:

[2002] UKEAT 0071 – 02 – 1812

Links:

Bailii

Statutes:

Disability Discrimination Act 1995

Jurisdiction:

England and Wales

Citing:

Cited – Ministry of Defence v Jeremiah CA 1980
The court considered the meaning of ‘detriment’ in discrimination law. Brightman LJ said: ‘I think a detriment exists if a reasonable worker would or might take the view that the duty was in all the circumstances to his detriment.’
Lord Justice . .
Lists of cited by and citing cases may be incomplete.

Employment, Discrimination

Updated: 14 June 2022; Ref: scu.203346

Opare-Addo v Wandsworth: EAT 5 Dec 2002

Citations:

[2002] UKEAT 0740 – 01 – 0512

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 . .
See Also – Opare-Addo v Wandsworth Borough Council EAT 12-Dec-2001
. .
Cited – Opare-Addo v Wandsworth Borough Council EAT 11-Jul-2002
. .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 14 June 2022; Ref: scu.203329

Donnelan and others v Britton Taco Ltd: EAT 10 Dec 2002

EAT Redundancy – Collective Consultation and Information

Citations:

[2002] UKEAT 1058 – 00 – 1012

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Donnelan and others v Britton Taco Ltd EAT 29-Nov-2000
. .
See Also – Donnelan and others v Britton Taco Ltd EAT 8-Oct-2002
EAT Transfer of Undertakings – Dismissal
EAT Transfer of Undertakings – Dismissal. . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 14 June 2022; Ref: scu.203302