Tag: Employment

Dime v Brent, Kensington, Chelsea and Westminster Mental Health NHS Trust: EAT 6 Nov 2002

Citations:

[2002] UKEAT 0806 – 02 – 0611

Links:

Bailii

Jurisdiction:

England and Wales

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, Discrimination

Updated: 14 June 2022; Ref: scu.203207

BLP UK Ltd v Marsh: EAT 10 Apr 2002

EAT Unfair Dismissal – Other

Judges:

Mr Recorder Langstaff QC

Citations:

[2002] UKEAT 187 – 01 – 1004, EAT/187/01

Links:

Bailii, EAT

Jurisdiction:

England and Wales

Citing:

See Also – BLP UK Ltd v Marsh EAT 12-Jun-2001
. .

Cited by:

Appeal from – 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.202698

Warman International Ltd v Wilson: EAT 7 Mar 2002

Citations:

[2002] UKEAT 1383 – 00 – 0703

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Warman International Ltd v Gwilson EAT 7-Jan-2002
EAT Contract of Employment – Breach of Contract. . .
See Also – Warman International Ltd v Wilson EAT 25-Jan-2002
EAT Contract of Employment – Breach of Contract. . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 14 June 2022; Ref: scu.202679

Fyffes Group Ltd v Bazley: EAT 22 Mar 2002

Citations:

[2002] UKEAT 1043 – 01 – 2203

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

See also – Fyffes Group Ltd v Bazley EAT 15-Oct-2002
EAT Jurisdiction – Whether the Tribunal had given sufficient reasons for their finding that the claimant had been disabled. . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 14 June 2022; Ref: scu.202609

Oderinde v Datapact Ltd: EAT 14 Jan 2002

EAT Unfair Dismissal – Compensation

Judges:

His Hon Judge J R Reid QC

Citations:

EAT/611/00, [2002] UKEAT 0611 – 00 – 1401

Links:

Bailii, EAT

Jurisdiction:

England and Wales

Citing:

See Also – Oderinde v Datapack Ltd EAT 15-Nov-2000
. .
Cited – Charles Letts and Co v Howard EAT 1976
Abusive language between employer and employee may be repudiatory of the contract. However, an apology may lead to the conclusion that the conduct is not repudiatory but this is likely to be only the position where the words were spoken in heat and . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 14 June 2022; Ref: scu.202460

Gbokoyi v Bennett’s Eco-Inverter (Environmental Services) Ltd: EAT 18 Jan 2002

The claimant appealed against dismissal of her unfair dismissal and of her maternity related discrimination claim.
Held: The appeal succeeded: ‘it does not appear that the tribunal gave any separate consideration to whether the pregnancy was an effective cause of the adverse treatment of Mrs Gbokoyi and, insofar as it relied on the reasons which it had set out for rejecting the unfair dismissal claim, those reasons were flawed.’

Judges:

Mr Recorder Burke QC

Citations:

[2002] UKEAT 1282 – 00 – 1801, EAT/1282/00

Links:

Bailii, EAT

Jurisdiction:

England and Wales

Citing:

Leave – Gbokoyi v Bennette’s Eco-Inverter (Environmental Services) Ltd EAT 22-Mar-2001
Preliminary hearing – leave to appeal granted . .
Cited – King v Great Britain China Centre CA 1991
The court considered the nature of evidence which will be available to tribunals considering a race discrimination claim.
Held: A complainant must prove his or her case on the balance of probabilities, but it is unusual to find direct evidence . .
Cited – Webb v EMO Air Cargo (UK) Ltd (No 2) HL 20-Oct-1995
The applicant complained that she was dismissed when her employers learned that she was pregnant.
Held: 1(1) (a) and 5(3) of the 1975 Act were to be interpreted as meaning that where a woman had been engaged for an indefinite period, the fact . .
Cited – O’Neill v Symm and Co Ltd EAT 10-Jun-1998
An employer dismissing an employee for sickness absences, and who was unaware that the sickness had come to be a disability, did not discriminate under the Act. The reason for the dismissal was to be looked for in the mind of the employer. . .
Lists of cited by and citing cases may be incomplete.

Employment, Discrimination

Updated: 13 June 2022; Ref: scu.202426

Fearon v Chief Constable of Derbyshire: EAT 16 Jan 2004

EAT ‘This case concerns the correct test to be applied when an allegation of victimisation is made under the Race Relations Act; and the correct approach to handling a series of allegations of race discrimination said to constitute a single regime of discrimination.’

Citations:

UKEAT/445/02, [2004] UKEAT 0445 – 02 – 1601

Links:

Bailii, Bailii, EAT

Jurisdiction:

England and Wales

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, Discrimination

Updated: 13 June 2022; Ref: scu.202421

Caredda v London Goodenough Trust for Overseas Graduates: EAT 16 Jan 2002

EAT Unfair Dismissal – Procedural fairness/automatically unfair dismissal.

Judges:

His Honour Judge D Pugsley

Citations:

[2002] UKEAT 0843 – 00 – 1601, EAT/0843/00

Links:

Bailii, EAT

Jurisdiction:

England and Wales

Citing:

See Also – Caredda v London Goodenough Trust for Overseas Graduates EAT 30-Oct-2000
EAT Unfair Dismissal – Procedural fairness/automatically unfair dismissal. . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 13 June 2022; Ref: scu.202411

Bridgend Borough Council v Sutton: EAT 22 Jan 2002

Citations:

[2002] UKEAT 1023 – 01 – 2201

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Office Angels Ltd v Rainer-Thomas CA 1991
Reasonability Test of Post Employment Restriction
The court re-stated the principles applicable in testing whether an employee’s restrictive covenant was reasonable: ‘The court cannot say that a covenant in one form affords no more than adequate protection to a covenantee’s relevant legitimate . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 13 June 2022; Ref: scu.202407

Butcher v Salvage Association: EAT 21 Jan 2002

Citations:

[2002] UKEAT 988 – 01 – 2101

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Butcher v Salvage Association CA 31-May-2002
. .
See Also – Butcher v The Salvage Association EAT 20-Dec-2002
EAT Unfair Dismissal – Contributory fault . .
See Also – Butcher v The Salvage Association EAT 2-Jul-2003
. .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 13 June 2022; Ref: scu.202410

Logan-Salton v Calderdale Metropolitan Borough Council: CA 6 Dec 2001

Citations:

[2001] EWCA Civ 1940

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Logan-Salton v Calderdale Metropolitan Borough Council EAT 16-Jan-2001
. .
Appeal from – Logan-Salton v Calderdale Metropolitan Borough Council EAT 26-Jun-2001
. .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 13 June 2022; Ref: scu.201559

Fadipe v Reed Nursing Personell: CA 4 Dec 2001

Failure to give proper reference. ECJ judgment giving right to make complaint only if cause was result of complaint over health and safety matters.
Held: The appeal failed. The section did not protect former workers: ‘section 44 does not, on its proper construction, apply in the circumstances relied upon by Mr Fadipe. The section is in the part of the Act that affords protection from suffering detriment in employment. Its purpose is to protect employees while they are still employed from suffering detriment, short of dismissal, by reason of having brought to their employer’s attention health and safety matters of the kind referred to in section 44(1)(c). If it is a dismissal case the section does not apply: see section 44(4). ‘ Nor was it possible now to raise issues not pleaded before the tribunal.

Citations:

[2001] EWCA Civ 1885, [2005] ICR 1760

Links:

Bailii

Statutes:

Council Directive on the introduction of measures to encourage improvement in the safety and health of workers at work, 89/391/EEC, Employment Rights Act 1996 44

Jurisdiction:

England and Wales

Citing:

See also – Fadipe v Reed Nursing Personnel CA 19-Feb-2001
Failure to give proper reference for former employee. . .
Cited – Coote v Granada Hospitality Ltd ECJ 22-Sep-1998
coote_granadaECJ1998
The employer had refused to provide a reference after the claimant had left the company after making a sex discrimination claim. She said this was victimisation.
Held: The state has a duty to protect workers against retaliation after . .
Cited – Kumchyk v Derby County Council EAT 1978
The appellant sought to advance an argument that a certain term was implied into the contract of employment which, for its consideration, would have required consideration of a factual framework which had not been explored in evidence.
Held: . .

Cited by:

Cited – Woodward v Abbey National Plc CA 22-Jun-2006
The claimant appealed refusal to award damages after an alleged failure to give a proper reference, saying that the decision in Fadipe could not stand with the later decision in Rhys-Harper. She said that she had suffered victimisation after making . .
Lists of cited by and citing cases may be incomplete.

Employment, Discrimination

Updated: 13 June 2022; Ref: scu.201554

Halliday v Archdiocese of Southwark: CA 10 Jul 2001

Application for permission to appeal – appeal to EAT rejected as attempt to re-argue facts.

Judges:

Mummery LJ

Citations:

[2001] EWCA Civ 1181

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – Halliday v Archdiocese of Southwark EAT 5-Mar-2001
EAT Unfair Dismissal – Procedural Fairness . .

Cited by:

See Also – Halliday v Archdiocese of Southwark EAT 5-Mar-2001
EAT Unfair Dismissal – Procedural Fairness . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 13 June 2022; Ref: scu.201247

Wheeler and Another v Durham County Council: CA 23 May 2001

Judges:

Lord Philips MR, Pill, Arden LJJ

Citations:

[2001] EWCA Civ 844

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

At EAT (1) – Wheeler and Another v Durham County Council EAT 17-Feb-2000
. .
Appeal from – Wheeler and Another v Durham County Council EAT 30-Nov-2000
. .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 13 June 2022; Ref: scu.201099

Jack v Pinkerton Security Services Ltd: CA 3 May 2001

Application for leave to appeal – refused.

Judges:

Keene LJ

Citations:

[2001] EWCA Civ 697

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Jack v Pinkerton Security Services Ltd EAT 23-Jun-2000
. .
Appeal from – William Jack v Pinkerton Security Services Ltd EAT 7-Dec-2000
EAT Race Discrimination – Direct . .
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 . .

Cited by:

See Also – Jack v Pinkerton Security Services Ltd EAT 16-Apr-2002
. .
Lists of cited by and citing cases may be incomplete.

Employment, Discrimination

Updated: 11 June 2022; Ref: scu.201058