Tag: Employment

Jackson v Ghost Ltd and Another: EAT 2 Sep 2003

The EAT rejected jurisdiction over a claim for unfair dismissal. The employment must have ‘a sufficient, that is substantial connection with this country’.

Judges:

Judge Peter Clark

Citations:

[2003] EAT 0547 – 02 – 0209, [2003] UKEAT 0547 – 02 – 0209, [2003] IRLR 824

Links:

Bailii, Bailii

Statutes:

Employment Rights Act 1996 196

Jurisdiction:

England and Wales

Cited by:

Cited – Serco Ltd v Lawson and Foreign and Commonwealth Office CA 23-Jan-2004
The applicant had been employed to provide services to RAF in the Ascension Islands. He alleged constructive dismissal. There was an issue as to whether somebody working in the Ascension Islands was protected by the 1996 Act. The restriction on . .
Cited – Serco Ltd v Lawson; Botham v Ministry of Defence; Crofts and others v Veta Limited HL 26-Jan-2006
Mr Lawson was employed by Serco as a security supervisor at the British RAF base on Ascension Island, which is a dependency of the British Overseas Territory of St Helena. Mr Botham was employed as a youth worker at various Ministry of Defence . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 08 June 2022; Ref: scu.189598

Wellbeck Steel Service Centre v Roworth: EAT 22 Sep 2003

Citations:

[2003] EAT 0550 – 03 – 2209, [2003] UKEAT 0550 – 03 – 2209

Links:

Bailii, Bailii

Jurisdiction:

England and Wales

Citing:

See Also – T Roworth v Welbeck Steel Service Centres Ltd EAT 27-Mar-2001
EAT Unfair Dismissal – Reason for Dismissal . .

Cited by:

See Also – T Roworth v Welbeck Steel Service Centres Ltd EAT 27-Mar-2001
EAT Unfair Dismissal – Reason for Dismissal . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 08 June 2022; Ref: scu.189617

Drake International Systems Ltd (T/A Drake Ports Distribution Services) v O’Hare: EAT 2 Sep 2003

EAT Unfair Dismissal – Compensation.

Judges:

Ansell HHJ

Citations:

[2003] EAT 0384 – 03 – 0209, EAT/384/03, EAT/577/03

Links:

Bailii, EAT

Jurisdiction:

England and Wales

Cited by:

Cited – Alexander 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 . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 08 June 2022; Ref: scu.189591

Wyndham (T/A John Wyndham Hair Care) v Miller: EAT 1 Jul 2003

Citations:

[2003] EAT 1034 – 02 – 0107, [2003] UKEAT 1034 – 02 – 0107

Links:

Bailii, Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Wyndham (T/A John Wyndham Hair Care) v Miller EAT 2-Dec-2002
. .

Cited by:

See Also – Wyndham (T/A John Wyndham Hair Care) v Miller EAT 2-Dec-2002
. .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 08 June 2022; Ref: scu.189564

Nwoke v London Borough of Brent: EAT 18 Jul 2003

EAT Time Limits – Just and equitable extension

Judges:

The Honourable Mr Justice Wall

Citations:

EAT/1137/02, [2003] EAT 1137 – 02 – 1807, [2003] UKEAT 1137 – 02 – 1807

Links:

Bailii, Bailii, EATn

Jurisdiction:

England and Wales

Citing:

Cited – Dr Anya v University of Oxford and Another CA 22-Mar-2001
Discrimination – History of interactions relevant
When a tribunal considered whether the motive for an act was discriminatory, it should look not just at the act, but should make allowance for earlier acts which might throw more light on the act in question. The Tribunal should assess the totality . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 08 June 2022; Ref: scu.189552

Ballamoody v Nursing and Midwifery Council: EAT 4 Jun 2003

Citations:

[2003] EAT 0079 – 03 – 0406, [2003] UKEAT 0079 – 03 – 0406

Links:

Bailii, Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Balamoody v Manchester Health Authority EAT 12-Nov-2001
The Tribunal heard a preliminary application in a claim for unlawful race discrimination. Earlier applications had been struck out. This second set of applications had been struck out as frivolous by the Tribunal on the basis that they were not new . .
See Also – Balamoody v United Kingdom Central Council for Nursing, Midwifery and Health Visiting CA 6-Dec-2001
The claimant had been struck from the register of nurses after convictions arising from failures of his staff at his nursing home with regard to drug management. He had then brought claims of unlawful race discrimination against the health authority . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 08 June 2022; Ref: scu.189469

Teruel-Fanning v Park View Rest Homes Ltd: EAT 9 May 2003

Judges:

Mr Recorder Hand QC

Citations:

[2003] EAT 638 – 02 – 0905, [2003] UKEAT 638 – 02 – 0905, EAT/638/02

Links:

Bailii, Bailii, EATn

Jurisdiction:

England and Wales

Citing:

Cited – Dr Anya v University of Oxford and Another CA 22-Mar-2001
Discrimination – History of interactions relevant
When a tribunal considered whether the motive for an act was discriminatory, it should look not just at the act, but should make allowance for earlier acts which might throw more light on the act in question. The Tribunal should assess the totality . .
Lists of cited by and citing cases may be incomplete.

Employment, Discrimination

Updated: 08 June 2022; Ref: scu.189461

Yianni v Dr Barry Newport and Partners: EAT 9 May 2003

Citations:

[2003] EAT 1172 – 02 – 0905

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

See Also – Yianni v Dr Barry Newport and Partners EAT 9-May-2003
. .
See Also – Y Yianni v Dr Barry Newport and Partners EAT 28-Jul-2003
. .
See Also – Yianni v Dr Barry Newport and Partners EAT 28-Jul-2003
. .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 08 June 2022; Ref: scu.189465

Bergolis v Norinchukin International Plc: EAT 13 May 2003

Citations:

[2003] EAT 0448 – 02 – 1305, [2003] UKEAT 0448 – 02 – 1305

Links:

Bailii, Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Dr Anya v University of Oxford and Another CA 22-Mar-2001
Discrimination – History of interactions relevant
When a tribunal considered whether the motive for an act was discriminatory, it should look not just at the act, but should make allowance for earlier acts which might throw more light on the act in question. The Tribunal should assess the totality . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 08 June 2022; Ref: scu.189407

Bolch v Chipman: EAT 19 May 2003

EAT The EAT considered the consequences, of a decision to strike out a Notice of Appearance under Rule 15(2)(d).
Held: The EAT will require an employment tribunal, among other things, to consider the proportionality of what it was doing. If a fair trial were not possible on liability, there could still be an order simply debarring the respondent from taking any further part on liability, but permitting that respondent to take part on the question of compensation.

Judges:

The Honourable Mr Justice Burton (P)

Citations:

EAT/1149/02, EAT/1159/02, [2003] EAT 1149 – 02 – 1905, [2003] UKEAT 1149 – 02 – 1905, [2004] IRLR 140

Links:

Bailii, Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Blockbuster Entertainment Ltd v James CA 25-May-2006
The defendant company appealed against an order re-instating the claimants’ claims for damages for race discrimination and victimisation after they had been struck out for wilful disobedience of the tribunal’s orders.
Held: When making a . .
Cited – Tisson v Telewest Communications Group Ltd EAT 19-Feb-2008
The claimant’s claim had been struck out for his failure to comply with an order to serve a list of documents.
Held: The appeal failed. The principles applied under the Civil Procedure Rules should be applied in Employment Tribunals. The . .
Cited – Abegaze v Shrewsbury College of Arts and Technology CA 20-Feb-2009
In 2000 the claimant succeeded in his claim for discrimination, but had not pursued his remedy. He now appealed against a refusal to allow him to take it further. He had initially failed to pursue the matter for ill health. He later refused to . .
Cited – NSM Music Ltd v J H Leefe EAT 14-Dec-2005
EAT Practice and Procedure: Appearance/Response, Review and Appellate Jurisdiction/Burns-Barke
When a Respondent has been debarred from taking part in proceedings under ET Rule 9, he may request Reasons . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 08 June 2022; Ref: scu.189408

R F Brookes Ltd v Bachra: EAT 3 Apr 2003

Citations:

[2003] EAT 32 – 03 – 0304, [2003] UKEAT 32 – 03 – 0304

Links:

Bailii, Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Bachra v Brookes Ltd and Another EAT 13-Dec-2000
. .
Cited – J Sainsbury Ltd v Hitt; Orse Sainsburys Supermarkets Limited v Hitt CA 18-Oct-2002
Reasobaleness of Investigation Judged Objectively
The employer appealed against a decision that it had unfairly dismissed the respondent. The majority of the Employment Tribunal had decided that the employers had not carried out a reasonable investigation into the employee’s alleged misconduct . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 08 June 2022; Ref: scu.189388

Anyanwu v London Borough of Hackney: EAT 15 Apr 2003

The claimant had been found to be subject to unlawful sex discrimination, but had had an award of nil damages. She appealed.

Judges:

Mitting J

Citations:

[2003] EAT 0295 – 02 – 1504, [2003] UKEAT 0295 – 02 – 1504

Links:

Bailii, Bailii

Jurisdiction:

England and Wales

Employment, Discrimination, Damages

Updated: 08 June 2022; Ref: scu.189346

UK Coal Mining Ltd v Raby: EAT 30 Jan 2003

EAT Two employees had fought at work. One had an expired formal written warning on his record. It had been reduced on appeal from a final warning. His disciplinary offence was of a different nature than the later misconduct. He was dismissed The procedure, modelled on the ACAS Code of Practice, provided that the formal written warning would be disregarded after one year. The other employee, with no disciplinary record, was not dismissed. The ET’s majority decision was that the dismissal was unfair. The two lay members held that there were no rational reasons for distinguishing the two cases. The employer should have disregarded the previous record of one of them. Both should have been given credit for an unblemished record. The Chairman of the ET disagreed, holding that the employer was entitled to have regard to the personal file on an indefinite basis. He drew a distinction between the use of the previous record as background and its purpose in ‘totting up’ and said that it would be standing logic on its head to say that the employee who was dismissed was a man of previous good character when there had been a past disciplinary offence, albeit of a different character.
Held: The appeal failed. The ET Chairman was incorrect in the light of the language of the Code and the disciplinary rules: ”Disregard’ must mean what it says and the scope of the formal warning is finite, being on the record for 12 months. In these circumstances the majority view that a reasonable employer should treat the two men equally is one which is entirely rational.’

Judges:

His Hon Judge Mcmullen QC

Citations:

[2003] EAT 1124 – 02 – 3001, [2003] UKEAT 1124 – 02 – 3001, EAT/1124/02

Links:

Bailii, Bailii, EATn

Statutes:

Employment Rights Ac 1996 98(4)

Jurisdiction:

England and Wales

Cited by:

Cited – Airbus UK Ltd v MG Webb CA 7-Feb-2008
The court considered the dismissal by an employer of an employee for a disciplinary offence when he would not have been dismissed but for an earlier warning which had expired.
Held: The company’s appeal succeded. The court summarised the . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 08 June 2022; Ref: scu.189227

Marsh v AIB Group (UK) Plc: EAT 24 Feb 2003

Appeal by the Mr Marsh, against the unanimous conclusion of the Employment Tribunal that his application for race discrimination against the Respondent was out of time – Effective date of termination.

Judges:

Burton P J

Citations:

[2003] EAT 0567 – 02 – 2402, [2003] UKEAT 0567 – 02 – 2402, EAT/567/02

Links:

Bailii, Bailii, EAT

Employment

Updated: 08 June 2022; Ref: scu.189262