Tag: Employment

Jackson v Wigan Metropolitan Borough Council: EAT 27 Jul 2001

The appellant had been found guilty of gross misconduct, but contended that his employers had not sufficiently allowed for the work related stress he was suffering as a social worker. The misconduct was not challenged, and the tribunal held that the decision was within the range of reasonable responses open to the employer. The appeal had been put forward on the basis that the chairman may have wrongly dissuaded the applicant from calling witnesses, and had been wrong to reject as worthless, a medical report based upon the historical narrative of the applicant. In practice, the evidence omitted could not have assisted him further. The rejection of the medical report, when seen an context was not an error. Appeal refused.
EAT Unfair Dismissal – Contributory Fault

Judges:

His Honour Judge Peter Clark

Citations:

EAT/0264/00, [2001] UKEAT 0264 – 00 – 2707

Links:

Bailii, EAT

Employment

Updated: 05 June 2022; Ref: scu.168302

Commission v Italy – C-298/99: ECJ 21 Mar 2002

ECJ Failure by a Member State to fulfil its obligations – Directive 85/384/EEC – Mutual recognition of formal qualifications in architecture – Access to the profession of architect – Article 59 of the EC Treaty (now, after amendment, Article 49 EC)

Citations:

C-298/99, [2002] EUECJ C-298/99

Links:

Bailii

Statutes:

Directive 85/384/EEC

Jurisdiction:

England and Wales

Employment

Updated: 05 June 2022; Ref: scu.168127

Price v Mouatt: 1861

On a contract in writing, within the statute, in general terms for the employment of the plaintiff. Held, that it might be shown by parol, that he was employed in a particular capacity ; and, as a question whether he had wilfully disobeyed a lawful order, held, that it was for the jury whether the order was within the scope of that employment and whether, even if so, the disobedience was ‘wilful.’

Judges:

Erle CJ

Citations:

[1861] EngR 72, (1861) 2 F and F 529, (1861) 175 ER 1173

Links:

Commonlii

Jurisdiction:

England and Wales

Cited by:

See Also – Price v Mouat 1862
The plaintiff, who was known to be acting in the capacity of a ‘lace-buyer’ was engaged by the defendant, a lace-dealer, under the following memorandum: ‘M agrees to engage P. for the term of three years from Monday the 15th of August, 1859, at the . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 05 June 2022; Ref: scu.283832

Rajkumar v Lalla, Wooding, Mohammed, Walters, Seemungal, (Public Service Commission) and Baptiste (The Commissioner of Prisons): PC 29 Nov 2001

(Trinidad and Tobago) The appellant complained that he had not been treated fairly as a civil servant in having been passed over for promotion. He sought to appeal a finding on judicial review.
Held: While some proceedings for judicial review require more elaborate procedures, it is in no sense an optional procedure to be contrasted with some more formal procedure, and no leave is required from a final order in such proceedings. The appellant had been an acting Prison Officer grade II for ten years. The decision of the judge was in error, but the committee could not order his appointment. The case was remitted for the Civil Service Commission for their active consideration, and in the absence of a positive decision, full reasons were to be given.

Judges:

Lord Nicholls of Birkenhead, Lord Mackay of Clashfern, Lord Hobhouse of Woodborough, Lord Millett, Sir Andrew Leggatt

Citations:

Appeal No 1 of 2001, [2001] UKPC 53

Links:

PC, PC, PC, Bailii

Jurisdiction:

Commonwealth

Citing:

Cited – Jones v Solomon 1986
(Court of Appeal of Trinidad and Tobago) Judicial review proceedings do not involve the full trial process, and are therefore summary. . .
Lists of cited by and citing cases may be incomplete.

Administrative, Employment, Judicial Review

Updated: 05 June 2022; Ref: scu.166941

Regina v Secretary of the Central Office of the Employment Tribunals (England and Wales), ex parte Public Concern at Work: QBD 9 May 2000

The Central Office of Tribunals must record the particulars of Employment Tribunal decisions. It has in the past recorded the existence of the application but no details. The court held that the register must include details of the parties, the particulars of the allegations made, and the full text of the decision where recorded. The word ‘particulars’ has a clear meaning to lawyers which would include such details, and other provisions presumed that such details were provided.

Citations:

Times 09-May-2000

Statutes:

Employment Tribunals (Constitution and Rules of Procedure) Regulations 1996 1757

Jurisdiction:

England and Wales

Employment, Administrative

Updated: 05 June 2022; Ref: scu.88664

Regina v London (North) Industrial Tribunal Ex Parte Associated Newspapers Ltd: QBD 13 May 1998

A tribunal had erred in ordering that names of both complainant and respondent and of witnesses should be protected in a sexual harassment case. The power only exists in respect of the complainant and a ‘person affected’. This group should not be extended. The imposition of general reporting restrictions on a sex discrimination case went beyond range of what was needed to protect the interests identified in the regulations to protect a someone not a party to the proceedings.

Citations:

Gazette 14-Oct-1998, Times 13-May-1998, (1998) IRLR 569

Statutes:

Industrial Tribunals (Constitution and Rules of Procedure) Regulations 1993 (1993 No 2687) 14

Jurisdiction:

England and Wales

Media, Employment

Updated: 05 June 2022; Ref: scu.88544

Kramer v South Bedforshire Health Care Trust: ChD 16 Oct 1995

It was for the Trust employer to decide which kind of disciplinary proceedings to institute. Absent bad faith or Wednesbury unreasonableness, the employer’s decision on categorisation was final. There can be no reason otherwise to include in the contract this provision that categorisation is a matter for the trust.

Judges:

Lightman J

Citations:

Times 16-Oct-1995, [1995] ICR 1066

Jurisdiction:

England and Wales

Cited by:

Applied – Chatterjee v City and Hackney Community Services NHS Trust ChD 1998
Unless there was some bad faith or other unreasonableness it was for the employer Health authority to categorise the conduct of which complaint was made about a doctor as either personal or professional. . .
Cited – Skidmore v Dartford and Gravesham NHS Trust HL 22-May-2003
The disciplinary code for doctors employed by the NHS provides different procedures cases involving allegations of ‘professional conduct’ or ‘personal conduct.’ The first would involve a more judicial process, and the second a more informal . .
Not followed – Bhanot v South West London and St George’s Mental Hospital NHS Trust ChD 2000
The court considered its jurisdiction to intervene in disciplinary proceedings against a doctor, where the Trust had decided the allegation was of personal misconduct.
Held: This was an action for breach of contract and what the court was . .
Preferred – Saeed v Royal Wolverhampton Hospitals NHS Trust 2000
. .
Lists of cited by and citing cases may be incomplete.

Employment, Health Professions

Updated: 04 June 2022; Ref: scu.82837

Mahlburg v Land Mecklenberurg-Vorpommern Cas: ECJ 3 Feb 2000

A refusal to appoint a pregnant woman to a post for an indefinite period because of that pregnancy was in breach of the Directive even though national statutory rules precluded employment of the woman during the period of the pregnancy.

Citations:

Times 17-Feb-2000, C-207/98, [2000] EUECJ C-207/98

Links:

Bailii

Statutes:

Equal Treatment Directive (76/207/EEC)

Discrimination, Employment, European

Updated: 04 June 2022; Ref: scu.162409

Dr (Mrs) U A Uruakpa v Royal College of Veterinary Surgeons: EAT 18 Jun 2001

The applicant appealed an order striking out her complaint of race discrimination as hopeless. She sought recognition as a veterinary surgeon. Her claim had been dismissed because, under the section the College exercised a statutory power. She asserted that the regulations gave a wide discretion to the College to exempt individuals from all or part of the qualification procedures. It was held that the discretion only applied to those who already held one or more of the qualifications which were recognised. She claimed also that the tribunal system denied her the possibility of equality of arms, and therefore a fair hearing under art 6. The EAT held that the tribunal system was designed to be informal, and Chairmen are specifically required to give assistance to lay parties. There was no breach of that right.
EAT Human Rights –

Judges:

His Honour Judge J Altman

Citations:

EAT/1074/98

Statutes:

Veterinary Surgeon (Examination of Commonwealth and Foreign Candidates) Regulations 1967 Sch para 5, Race Relations Act 1976 41

Jurisdiction:

England and Wales

Human Rights, Discrimination, Health Professions, Employment

Updated: 04 June 2022; Ref: scu.168224

Handels-og Kontorfunktionaerernes Forbund i Danmark, acting on behalf of Larsson v Dansk Handel and Service, acting on behalf of Ftex Supermarked A/S: ECJ 29 May 1997

(Judgment) Social policy – Men and women – Access to employment and working conditions – Equal treatment – Dismissal of a woman on grounds of absence due to an illness attributable to pregnancy or confinement – Permissible – Account taken, when calculating the period providing grounds for dismissal, of absence outside periods of maternity leave – Permissible (Council Directive 76/207, Arts 2(1) and (3) and 5(1))
Without prejudice to provisions of national law for the protection of women, particularly with regard to pregnancy and maternity, adopted pursuant to Article 2(3) of Directive 76/207 on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions, Article 5(1), in conjunction with Article 2(1), thereof does not preclude dismissals which are the result of absences due to an illness attributable to pregnancy or confinement, even where that illness arose during pregnancy and continued during and after maternity leave.
In particular, the principle of equal treatment enshrined in the Directive does not preclude account being taken of a woman’s absence from work between the beginning of her pregnancy and the beginning of her maternity leave when calculating the period providing grounds for her dismissal under national law.
During the maternity leave accorded to her pursuant to national law, a woman is protected against dismissal on grounds of absence. To take absence during such a period into account as grounds for a subsequent dismissal would thus be contrary to the objective pursued by Article 2(3) of the Directive, and would deprive that provision of its effectiveness. Outside periods of maternity leave, however, and in the absence of any national or, as the case may be, Community provisions affording women specific protection, a woman is not protected under the Directive against dismissal on grounds of periods of absence due to an illness attributable to pregnancy.

Citations:

[1997] EUECJ C-400/95

Links:

Bailii

Jurisdiction:

European

Employment, Discrimination

Updated: 03 June 2022; Ref: scu.161750

Eker v Land Baden-Wurttemberg: ECJ 29 May 1997

The first indent of Article 6(1) of Decision No 1/80 of the EEC-Turkey Association Council must be interpreted as making the extension of a Turkish worker’s residence permit in the host Member State subject to his having been legally employed continuously for one year with the same employer.
First, that provision, which requires the completion of one year’s continuous employment for there to be a right of renewal of the work permit in respect of the same employer and implies the existence of a right of residence for the person concerned to enable him actually to work as an employed person, is based on the premises that only a contractual relationship which lasts for one year is expressive of employment relations stable enough to guarantee the Turkish worker continuity of his employment with the same employer.
Second, the coherence of the system of gradual integration of Turkish workers in the host Member State’s labour force, established by the three indents of Article 6(1), would be disrupted if the worker had the right to enter the service of another employer even before satisfying the condition of one year’s legal employment specified in the first indent of Article 6(1) when, under the second indent of Article 6(1), it is only after three years of legal employment in the Member State concerned that a Turkish worker is entitled to take up work with a different employer, on condition that the employer is engaged in the same business as the previous employer and respects the priority to be given to workers of the Member States.

Citations:

C-386/95, [1997] EUECJ C-386/95

Links:

Bailii

Jurisdiction:

European

Employment, Immigration

Updated: 03 June 2022; Ref: scu.161740

Alldred v Chief Constable of West Midlands Police: EAT 28 Jul 2006

EAT Sex Discrimination – Equal Treatment Directive
Discrimination – burden of proof – whether ET’s reasoning adequate – decision upheld on one issue, case remitted to ET on the other.

Judges:

The Honourable Mr Justice Bean

Citations:

[2006] UKEAT 0082 – 06 – 2807, UKEAT/0082/06

Links:

Bailii, EATn

Jurisdiction:

England and Wales

Employment, Discrimination, Discrimination

Updated: 02 June 2022; Ref: scu.247785

Katsikas and others v Konstantinidis and others: ECJ 16 Dec 1992

ECJ Article 3(1) of Directive 77/187 on the approximation of the laws of the Member States relating to the safeguarding of employees’ rights in the event of transfers of undertakings is to be interpreted as not precluding an employee of the transferor on the date of the transfer of the undertaking, within the meaning of Article 1(1) of the directive, from objecting to the transfer of his contract of employment or employment relationship to the transferee. The directive does not, however, require Member States to provide that, in the event of the employee deciding of his own accord not to continue with the contract of employment or employment relationship with the transferee, the contract or relationship should be maintained with the transferor. Neither does the directive preclude this. In such a case, it is for the Member States to determine what the fate of the contract of employment or employment relationship with the transferor should be.
The expression ‘laws, regulations or administrative provisions’ within the meaning of Article 7 of Council Directive 77/187 on the approximation of the laws of the Member States relating to the safeguarding of employees’ rights in the event of transfers of undertakings must be understood as meaning the laws, regulations or administrative provisions of a Member State as they are interpreted by the courts of that State.
The claimant employees objected to becoming employees of the transferee, an attitude which the transferor (who then dismissed them) argued was not open to them in the light of the Directive.
Held: The Directive did not have the purpose or effect of compulsorily transferring an employee’s employment contract or relationship against his or her will, but that, in such a case, it was for the law of the relevant Member State to determine whether the contract or relationship was to be regarded as terminated by the transferor or transferee or to be maintained with the transferor.

Citations:

C-132/91, [1992] EUECJ C-132/91, [1992] ECR I – 6577, [1993] IRLR 179, C-138/91, C-139/91

Links:

Bailii

Cited by:

Cited – North Wales Training and Enterprise Council Ltd v Astley and others HL 21-Jun-2006
Civil servants had been transferred to a private company. At first they worked under secondment from the civil service. They asserted that they had protection under TUPE and the Acquired Rights Directive. The respondent said that there had only been . .
Cited – Senior Heat Treatment Ltd v Bell and others EAT 20-Jun-1997
The employer appealed a finding as to the period of continuous employment of the claimants. Before a transfer of the undertaking to the employer, the former emloyer had paid redundancy payments to several employees, some whom in practice left to . .
Cited – Wilson and Others v St Helens Borough Council; Meade and Another v British Fuels Ltd HL 29-Oct-1998
The House faced two questions regarding the protection given by the Regulations: ‘whether the dismissed employee can compel the transferee to employ him or whether he is given the right to enforce as against the transferee such remedies under . .
Cited – New ISG Ltd v Vernon and others ChD 14-Nov-2007
The claimant sought to continue an interim injunction obtained without notice. The claimant sought to restrain former employees misusing information it claimed they had taken with them. The claimants said that having objected to a transfer of their . .
Cited – Parkwood Leisure Ltd v Alemo-Herron and Others SC 15-Jun-2011
The claimants had been employed by a local authority and then transferred to the respondents. They had had the benefit that their terms of employment were subject to collective agreement. The respondent was not part of the negotiation of later . .
Lists of cited by and citing cases may be incomplete.

European, Employment

Updated: 01 June 2022; Ref: scu.160708

De Freitas v The Permanent Secretary of Ministry of Agriculture, Fisheries, Lands and Housing and others: PC 30 Jun 1998

(Antigua and Barbuda) The applicant was employed as a civil servant. He joined a demonstration alleging corruption in a minister. It was alleged he had infringed his duties as a civil servant, and he replied that the constitution allowed him to speak out.
Held: The demonstration did contravene the restriction on publishing his views. Analogies with private employment were not useful. They were both servants of the State, and the Minister a politician necessarily and properly exposed to public opinion. The general proposition that civil servants hold a unique status in a democratic society does not necessarily justify a substantial invasion of their basic rights and freedoms. A blanket prohibition against all public discussion of all public issues by all public servants would deny fundamental democratic rights to far too many people.
The interdiction, and the intended disciplinary proceedings contravened the appellant’s constitutional rights. In determining whether a limitation (by an act, rule or decision) is proportionate arbitrary or excessive the court should ask itself: ‘whether: (i) the legislative objective is sufficiently important to justify limiting a fundamental right; (ii) the measures designed to meet the legislative objective are rationally connected to it; and (iii) the means used to impair the right or freedom are no more than is necessary to accomplish the objective.’

Judges:

Lord Browne-Wilkinson, Lord Lloyd of Berwick, Lord Hoffmann, Lord Clyde

Citations:

[1998] UKPC 30, [1999] 1 AC 69, Appeal No 42 of 1997, [1998] 3 WLR 675, 4 BHRC 563

Links:

Bailii

Citing:

Cited – Minister of Home Affairs v Fisher PC 1979
Respect must be paid to the language which has been used in a constitutional statute and to the traditions and usages which have given meaning to that language. It is quite consistent with this, and with the recognition that rules of interpretation . .
Cited – Attorney-General v Momodou Jobe PC 26-Mar-1984
(Gambia) A constitution, and in particular that part of it which protects and entrenches fundamental rights and freedoms to which all persons in the state are to be entitled, is to be given a generous and purposive construction. In the construction . .
Cited – Vogt v Germany ECHR 1-Nov-1995
The German courts construed a teacher’s duty of loyalty as absolute and owed equally by every civil servant, regardless of his or her function and rank under national law. Every civil servant, whatever his or her own opinion on the matter, must . .
Cited – Regina v Oakes 28-Feb-1986
Supreme Court of Canada – Constitutional law — Charter of Rights — Presumption of innocence (s. 11(d)) — Reverse onus clause — Accused presumed to be trafficker on finding of possession of illicit drug — Onus on accused to rebut presumption — . .

Cited by:

Cited – Regina (Daly) v Secretary of State for the Home Department HL 23-May-2001
A prison policy requiring prisoners not to be present when their property was searched and their mail was examined was unlawful. The policy had been introduced after failures in search procedures where officers had been intimidated by the presence . .
Cited – Regina v British Broadcasting Corporation ex parte Pro-life Alliance HL 15-May-2003
The Alliance was a political party seeking to air its party election broadcast. The appellant broadcasters declined to broadcast the film on the grounds that it was offensive, being a graphical discussion of the processes of abortion.
Held: . .
Cited – Samaroo and Sezek v Secretary of State for the Home Department CA 17-Jul-2001
Two foreign nationals with leave to remain in this country committed serious crimes. The Secretary of State ordered their deportation.
Held: Where the deportation of a foreigner following a conviction here, would conflict with his human . .
Cited – George Worme Grenada Today Limited v The Commissioner of Police PC 29-Jan-2004
PC (Grenada) The defendant was editor of a newspaper which carried a story severely defamatory of the prime minister. He was convicted of criminal libel, and appealed.
Held: The appeal was dismissed. The . .
Cited – A v Secretary of State for the Home Department, and X v Secretary of State for the Home Department HL 16-Dec-2004
The applicants had been imprisoned and held without trial, being suspected of international terrorism. No criminal charges were intended to be brought. They were foreigners and free to return home if they wished, but feared for their lives if they . .
Cited – Attorney General v Scotcher HL 19-May-2005
Following a trial, a juror wrote to the defendant’s mother to say that other jury members had not considered the case in a proper manner. He had been given written advice that he was not free to discuss a case with anyone. He appealed his conviction . .
Cited – Forbes v Secretary of State for the Home Department QBD 26-Jul-2005
The defendant argued that the 2003 Act was in breach of his article 8 rights. He had been registered as a sex offender, but the offence for which he had been convicted involved no proof of intention.
Held: The claimant having brought the . .
Cited – Bradley v The Jockey Club CA 12-Jul-2005
The Jockey had been disqualified from riding for five years for breaches of the club’s rules. He said the punishment was disproportionate in effectively preventing him working for a living.
Held: The appeal failed, and the judge’s analysis was . .
Cited – Axon, Regina (on the Application of) v Secretary of State for Health and Another Admn 23-Jan-2006
A mother sought to challenge guidelines issued by the respondent which would allow doctors to protect the confidentiality of women under 16 who came to them for assistance even though the sexual activities they might engage in would be unlawful.
Cited – Baiai and Others, Regina (on the Application of) v Secretary of State for the Home Department Admn 10-Apr-2006
The respondent brought in laws restricting marriages between persons subject to immigration control, requiring those seeking non Church of England marriages to first obtain a certificate from the defendant that the marriage was approved. The . .
Cited – Laporte, Regina (on the application of ) v Chief Constable of Gloucestershire HL 13-Dec-2006
The claimants had been in coaches being driven to take part in a demonstration at an air base. The defendant police officers stopped the coaches en route, and, without allowing any number of the claimants to get off, returned the coaches to London. . .
Cited – Huang v Secretary of State for the Home Department HL 21-Mar-2007
Appellate Roles – Human Rights – Families Split
The House considered the decision making role of immigration appellate authorities when deciding appeals on Human Rights grounds, against refusal of leave to enter or remain, under section 65. In each case the asylum applicant had had his own . .
Cited – Suryananda, Regina (on the Application of) v The Welsh Ministers Admn 16-Jul-2007
The claimants, trustees of a Hindu temple, sought judicial review of a decision that a bullock in their temple should be slaughtered having positively reacted to a test for bovine tuberculosis bacterium. They said that the animal posed no threat . .
Cited – Observer Publications Limited v Campbell ‘Mickey’ Matthew The Commissioner of Police and The Attorney General PC 19-Mar-2001
PC (Antigua and Barbuda) The claimant complained of the delay by the respondents in processing their request for a licence to run a radio station. It appealed refusal of constitutional redress and thta its right . .
Cited – F and Another, Regina (on The Application of) v Secretary of State for The Home Department SC 21-Apr-2010
The defendants had been convicted and sentenced for offences which under the 2003 Act would mean that they stayed permanently on the Sex Offenders’ register without possibility of a review. The Secretary of State appealed aganst a finding that the . .
Cited – Bank Mellat v HM Treasury QBD 11-Jun-2010
The respondent had made an order under the Regulations restricting all persons from dealing with the the claimant bank. The bank applied to have the order set aside. Though the defendant originally believed that the Iranian government owned 80% of . .
Cited – Homer v Chief Constable of West Yorkshire Police SC 25-Apr-2012
The appellant had failed in his claim for indirect age discrimination. Approaching retirement, he complained that new conditions allowing advancement to graduates only, discriminated against him since he could not complete a degree before retiring. . .
Cited – Bank Mellat v Her Majesty’s Treasury (No 2) SC 19-Jun-2013
The bank challenged measures taken by HM Treasury to restrict access to the United Kingdom’s financial markets by a major Iranian commercial bank, Bank Mellat, on the account of its alleged connection with Iran’s nuclear weapons and ballistic . .
Cited – Akerman-Livingstone v Aster Communities Ltd SC 11-Mar-2015
Appeal about the proper approach of the courts where the defendant to a claim for possession of his home raises a defence of unlawful discrimination, contrary to the Equality Act 2010, by the claimant landlord. In particular, the issue is whether . .
Lists of cited by and citing cases may be incomplete.

Commonwealth, Constitutional, Employment

Updated: 01 June 2022; Ref: scu.159311

Colback v Ferguson and others: CA 25 Jul 2001

The applicant had had her case for unfair dismissal rejected, and also by the EAT. She now sought leave t0 appeal. The organisation, a local MIND had decided it was insolvent and had dismissed its staff. She asserted that no decision to wind up the organisation had been made. She alleged apparent bias, after the chairman of the tribunal had shared a taxi with one of the respondents after one day of the hearing.
Held: She had to establish that she would have a fair chance of success on appeal. Though it had been wrong to describe the risk of bias as transitory or illusory, there was no real prospect of success. Leave refused.

Judges:

Lord Justice Sedley

Citations:

[2001] EWCA Civ 1207

Links:

Bailii

Jurisdiction:

England and Wales

Employment

Updated: 31 May 2022; Ref: scu.147637

Scott v London Borough of Hillingdon: CA 3 Apr 2001

Judges:

Henry LJ

Citations:

[2001] EWCA Civ 462

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Leave – Scott v London Borough of Hillingdon CA 18-Dec-2001
The claimant’s claim for race discrimination had been dismissed on appeal by the EAT. He now appealed to restore the judgement of the employment tribunal. He had begun an action against his employer, and then unsuccessfully applied for employment . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 31 May 2022; Ref: scu.147495

Whiffen v Milham Ford Girls’ School and Oxfordshire County Council: CA 21 Mar 2001

The local authority’s redundancy policy required the school first to choose for redundancy those on fixed term temporary contracts. The applicant’s contract had not been renewed, and she had been replaced by a teacher with lesser qualifications. The policy adversely affect more women than men and was indirect discrimination, and it was for the school to justify following it. It had to show that the policy met some need, but that question was never addressed. The school had to show the need in this situation to use the policy, not that the policy was widely followed.

Judges:

Schiemann, Latham LJJ, Sir Christopher Slade

Citations:

Times 03-Apr-2001, Gazette 07-Jun-2001, [2001] EWCA Civ 385

Links:

Bailii

Statutes:

Sex Discrimination Act 1975 1(1)(b) (i)

Jurisdiction:

England and Wales

Citing:

At EAT -1 – Whiffen v Milham Ford Girls School and Another EAT 12-Feb-1998
. .
Appeal from – Whiffen v Milham Ford Girls School and Another EAT 28-Oct-1999
. .
Lists of cited by and citing cases may be incomplete.

Employment, Discrimination

Updated: 31 May 2022; Ref: scu.147478

Whitehouse v Chas A Blatchford and Sons Ltd: CA 29 Sep 1999

A transfer of undertaking was conditional upon a reduction in the workforce, so that a dismissal which followed the transfer was for an ‘economic, technical, or organisational’ reason entailing a change in the workforce’. The transfer was the occasion of the job loss, but not the cause or reason for that deduction. The dismissal was connected with the provision of the service.

Judges:

Beldam, Buxton, Jonathan Parker LJJ

Citations:

Gazette 29-Sep-1999, (1999) IRLR 482, [1999] EWCA Civ 1255, [2000] ICR 242

Links:

Bailii

Statutes:

Transfer of Undertakings (Protection of Employment) Regulations 1981 No 1794 8 (2)

Jurisdiction:

England and Wales

Employment

Updated: 30 May 2022; Ref: scu.146170

High Table Limited v Horst, Jowett and and Burley: CA 1 Jul 1997

The place where an employee was employed for the purposes of the employer’s business was to be determined by a consideration of the factual circumstances which obtained until the dismissal. Where an employee had worked in only one location under his contract of employment for the purposes of the employer’s business then it defied common sense to widen the extent of the place where he was so employed mainly because of the existence of a mobility clause: ‘If the work of the employee for his employer has involved the change of location, as would be the place where the nature of the work required the employee to go from place to place, then the contract of employment may be helpful to determine the extent of the place where the employee was employed. But it cannot be right to let the contract be the sole determinate regardless of where the employee actually worked for the employer’.
In addressing the questions it has to determine, an ET is not obliged to resolve (or address in its Judgment) every issue of fact or law put before it by a party.

Judges:

Evans, Peter Gibson, Hobhouse LJJ

Citations:

Times 09-Jul-1997, Gazette 16-Jul-1997, [1997] EWCA Civ 2000, [1997] IRLR 513, [1998] ICR 409

Links:

Bailii

Statutes:

Employment Protection (Consolidation) Act 1978 81(2)

Jurisdiction:

England and Wales

Citing:

See Also – Horst and others v High Table Ltd EAT 23-May-1994
. .
Appeal from – Horst and others v High Table Ltd EAT 23-Apr-1996
. .
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: 29 May 2022; Ref: scu.142397

Elvee Ltd v Taylor and others: CA 6 Dec 2001

Where a party seeking injunctive relief departed from normal practice, in this case by applying to the Queen’s Bench rather than the Chancery Division for an injunction in an intellectual property case, they must file an explanation of why they had departed from that practice. Where a court did not give its reasons for a decision immediately, it should nevertheless be delivered promptly, and in the case of any delay, the reason for the delay should be explained to the parties.

Judges:

Sir Andrew Morritt VC, Chadwick LJ

Citations:

Times 18-Dec-2001, Gazette 14-Feb-2002, [2001] EWCA Civ 1943, [2002] FSR 48, (2002) 25(3) IPD 25017

Links:

Bailii

Statutes:

Civil Procedure Rules Part 25 paragraph 8.5

Jurisdiction:

England and Wales

Litigation Practice, Intellectual Property, Civil Procedure Rules, Employment

Updated: 28 May 2022; Ref: scu.201553

Bolton Metropolitan Borough Council v Malrod Insulations Ltd: QBD 6 Jan 1993

The company had contracted to remove asbestos. Before work was to start, the inspector found defective equipment. The prosecutor appealed the acquittal on appeal to the Crown Court.
Held: An employer’s duty of care extends to all employees, and not just those working on a particular plant and even when the plant was not in use. The duty under s2 applied to all employees ‘at work’ and was not restricted to those intended to use the plant in question. The duty to provide safe equipment applied even though it had not been used.

Citations:

Times 04-Aug-1994, Gazette 06-Jan-1993, [1993] ICR 358, (1993) 137 SJLB 13, [1993] IRLR 274, [1993] COD 391

Statutes:

Health and Safety at Work Act 1974 2(1) 2(a)

Jurisdiction:

England and Wales

Employment, Health and Safety

Updated: 27 May 2022; Ref: scu.78474

University of Technology, Jamaica v Industrial Disputes Tribunaland Others: PC 17 Jul 2017

(Jamaica) The court was asked as to the Jamaican Industrial Disputes Tribunal, ‘can the IDT take into account matters of which the employer was unaware at the time of the dismissal and can it form its own judgment about whether, in the light of all the information available, the dismissal was justifiable? Or is it limited to deciding whether the employer’s decision was one which a reasonable employer might have taken in the light of the information available to him at the time?’

Judges:

Lady Hale, Lord Kerr, Lord Clarke, Lord Wilson, Lord Reed

Citations:

[2017] UKPC 22

Links:

Bailii

Jurisdiction:

Commonwealth

Employment

Updated: 26 May 2022; Ref: scu.591301

EMI Group Electronics Ltd v Coldicutt (Inspector of Taxes): ChD 12 Nov 1997

Payments which were made in lieu of a termination notice were taxable, because the right to make such payments had been explicitly reserved in the contract of employment, and the payment was therefore under that contract.

Citations:

Times 14-Nov-1997, Gazette 12-Nov-1997

Statutes:

Income and Corporation Taxes Act 1988 19(1)

Jurisdiction:

England and Wales

Income Tax, Employment

Updated: 25 May 2022; Ref: scu.80313

Morgan v William Dixon Ltd: HL 13 Nov 1911

It is not a matter of law but is a question of fact for the decision of the arbiter whether the demand of a workman, who is to be medically examined on the employer’s behalf, under section 4 of the First Schedule of the Workmen’s Compensation Act 1906, that his own doctor shall also be present at the examination, is reasonable ( diss. Lord Shaw).

Judges:

Lord Chancellor (Loreburn), Lord Atkinson, Lord Gorell, and Lord Shaw

Citations:

[1911] UKHL 45, 49 SLR 45

Links:

Bailii

Jurisdiction:

Scotland

Employment, Personal Injury

Updated: 23 May 2022; Ref: scu.619216

Hartmut Scharf v Commission: ECJ 13 Dec 1984

ECJ Application for interim measures – suspension of the operation of a measure – interim measures – conditions for granting (rules of procedure, art. 83 (2)). Suspension of operation and other interim measures may be granted by the judge ruling on the application for interim measures if it is shown that there are factual and legal grounds establishing a prima facie case for them (fumus boni juris); if they are urgent, in the sense that it is necessary, in order to avoid serious and irreparable damage, for them to be adopted and produce their effects before the decision on the application for annulment; and finally, if they are provisional, that is, if they are without prejudice to the decision on the substance of the case and if they do not already decide the issues of law or of fact in dispute, or neutralize in advance the consequences of the decision to be given later in the main proceedings.

Citations:

C-292/84, [1984] EUECJ C-292/84R

Links:

Bailii

Jurisdiction:

European

Cited by:

See Also – Hartmut Scharf v Commission ECJ 21-Oct-1986
. .
See Also – F Bolognese and others v H Scharf and Commission of the European Communities ECJ 22-Sep-1987
1. Procedure – third-party proceedings – conditions of admissibility – prejudice to the rights of the third party.
(statute of the court of justice of the EEC Art 39; rules of procedure, art 97 (1))
2. Officials – staff regulations – . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 22 May 2022; Ref: scu.134002

Civil Nuclear Police Federation v Civil Nuclear Police Authority: Admn 31 Aug 2016

‘In these judicial review proceedings the sole issue for consideration by the Court is whether the term ‘members of a police force’ in section 10 of the Public Service Pensions Act 2013 (‘the 2013 Act’) includes members of the Civil Nuclear Constabulary (‘CNC’) so that any pension scheme made under or in accordance with that Act must have a normal retirement age of 60. Permission to apply for judicial review was granted by Langstaff J on 8 March 2016.’

Judges:

Nicola Davies J

Citations:

[2016] EWHC 2186 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Employment, Police

Updated: 22 May 2022; Ref: scu.569398

Schuerer v Commission: ECJ 24 Nov 1983

(Judgment) Invalidity pension – Revision of a judgment.

Citations:

C-107/79, [1983] EUECJ C-107/79

Links:

Bailii

Jurisdiction:

European

Citing:

See Also – Schuerer v Commission ECJ 12-Jun-1980
Judgment – Invalidity pension. . .

Cited by:

See Also – Schuerer v Council ECFI 28-Jun-2000
Retirement pension – Weighting – Action for annulment – Inadmissibility. . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 21 May 2022; Ref: scu.132890

Kircher v Hillingdon Primary Care Trust: QBD 13 Jan 2006

Judges:

David Foskett QC

Citations:

[2006] EWHC 21 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Followed – Gryf-Lowczowski v Hinchingbrooke Healthcare NHS Trust QBD 2-Nov-2005
In the course of an application for an interim injunction to prevent the Defendant dismissing the Claimant until disciplinary proceedings had been completed, the Judge considered the adequacy of damages as an alternative remedy: ‘On the other hand, . .

Cited by:

Cited – Edwards v Chesterfield Royal Hospital NHS Foundation Trust QBD 31-Jul-2009
The claimant, a consultant surgeon had been subject to disciplinary proceedings by his employer. They were however conducted in a manner which breached his contract. The GMC had summarily dismissed the same allegations. The claimant now appealed . .
Lists of cited by and citing cases may be incomplete.

Employment, Health Professions

Updated: 21 May 2022; Ref: scu.238315

Van Eick v Commission: ECJ 24 Jun 1971

ECJ (Judgment) Application for the annulment of the decision of 14 July 1970 by which the commission refused a request by the applicant for ‘ the restoration to him of his right to be heard in accordance with the provisions of the third paragraph of article 7 of annex ix to the staff regulations, for compensation for the decision of 18 december 1968 to remove him from his post and for redress for the material consequences of the said decision.

Citations:

C-57/70, [1971] EUECJ C-57/70

Links:

Bailii

Jurisdiction:

European

Employment

Updated: 20 May 2022; Ref: scu.131946

Cesare Alfieri v Parliament: ECJ 14 Dec 1966

ECJ (Judgment) 1. Officials – retirement by institution – procedure – plurality of connected steps – application against the measure retiring an official – possibility of contesting the legality of earlier steps (staff regulations of officials of the ECSC, article 91; staff regulations of officials of the EEC and EAEC, article 53) 2. Officials – retirement by institution – written form obligatory (staff regulations of officials of the EEC and EAEC, article 53) 3. Officials – retirement by institution – obligation of the person concerned to co-operate – powers of the administration if the person concerned fails to act (staff regulations of officials of the ECSC, article 91; staff regulations of officials of the EEC and EAEC, article 53, annex ii, article 7) 1. Since the various steps comprising the procedure for retiring an official form a single entity, it must be accepted that in an action contesting the retirement decision, the applicant may contest the legality of earlier steps which are closely linked to it. A submission of inadmissibility on the ground that an appeal against these steps was out of time is therefore inadmissible. Cf. Para. 1, summary, joined cases 12 and 29/64, (1965) ECR 144. 2. A decision to retire an official must be made in writing. 3. The guarantees conferred by the staff regulations with regard to retiring an official must not be interpreted as meaning that it is possible for the person concerned to object to the formation of an invalidity committee, particularly by refusing to appoint a doctor of his own choice. It follows from the fundamental duty of loyalty and co-operation which all officials owe to the authority to which they belong that the power to appoint a doctor at the same time constitutes a duty. The administration has the power, if necessary, to remedy the failure of the person concerned to appoint a doctor in order to ensure the setting up and functioning of an invalidity committee, provided that any element of an arbitrary nature is avoided and that the official’s interests are not unnecessarily harmed.

Citations:

[1966] EUECJ C-3/66

Links:

Bailii

Jurisdiction:

European

Employment

Updated: 20 May 2022; Ref: scu.131821

Abbey Life Assurance Company Limited v Tansell: CA 6 Apr 2000

Appeal about the scope of protection conferred by the 1995 Act on ‘contract workers’, workers who do work for the alleged discriminator, but not employed by him. They are employed by someone else and their services are contracted out.
The case turns on the interpretation of section 12 of the 1995 Act which makes it unlawful to discriminate against disabled contract workers. The point arises as a preliminary issue in an application to the Employment Tribunal in the field of employment for a reason relating to his disability.

Judges:

Stuart-Smith, Ward, Mummery LJJ

Citations:

[2000] IRLR 387, [2000] EWCA Civ 107, [2000] ICR 789

Links:

Bailii

Statutes:

Disability Discrimination Act 1995

Jurisdiction:

England and Wales

Discrimination, Employment

Updated: 20 May 2022; Ref: scu.115986

Smith v Safeway Plc: EAT 9 Dec 1994

A male employee had been unlawfully discriminated against when he had been dismissed for having long hair, where the same requirements would not have been made of female employees.

Citations:

Ind Summary 16-Jan-1995, Times 16-Dec-1994, [1994] UKEAT 185 – 93 – 0912

Links:

Bailii

Statutes:

Sex Discrimination Act 1975

Jurisdiction:

England and Wales

Discrimination, Employment

Updated: 20 May 2022; Ref: scu.89342

Sarker v South Tees Acute Hospitals NHS Trust: EAT 25 Mar 1997

CS The appellant applied for a job with the respondent. Her offer was confirmed in writing. When the offer was withdrawn before she began to work, she claimed damages under s131.
Held: The employment contract started with the acceptance of the letter of offer of employment, and even before work commenced: ‘the contract in the present case was terminated by the employer, but Mr Fletcher argues that the employee would not have been employed under that contract, and therefore could not claim for unfair dismissal. We disagree. We have already pointed out that someone is an ’employee’ merely because he or she has entered into a contract of employment. If that is so, to construe the word ’employed’ in a different and more demanding way seems to us to be unjustified. Moreover, we cannot see why someone engaged under a contract of employment to start work at a future date but whose contract is then terminated because it is discovered that she is pregnant or that he or she is a member of a trade union should not, as a matter of principle, be able to claim for unfair dismissal. He or she may already have given notice to his or her previous employer, as happened in the present case. That ability so to claim would make available the remedy of reinstatement which would not be available merely by proceedings taken in a court of law.’

Judges:

Keene J

Citations:

Times 23-Apr-1997, [1997] UKEAT 493 – 96 – 2503, [1997]IRLR 328

Links:

Bailii

Statutes:

Employment Protection (Consolidation) Act 1978 131

Citing:

Cited – Hochster v De La Tour QBD 25-Jun-1853
The plaintiff said that the defendant had given him a contract to travel with him and to act as the defendant’s courier, but then changed his mind. The plaintiff obtained another engagement to start before the proposed term. The defendant said there . .
Cited – General of Salvation Army v Dewsbury EAT 1984
An employment contract made on or about 1st April 1982, under which a teaching post was offered to and accepted by the respondent to commence on 1st May 1982. The 1st May was a Saturday and 3rd May was a Bank Holiday, so that the respondent only . .
Distinguished – Mobbs v Nuclear Electric Ltd EAT 8-Aug-1996
An IT Chair should not sit alone at preliminary hearing if evidence is to be given. . .
Cited – Tsangacos v Amalgamated Chemicals Ltd and Another EAT 6-Nov-1996
The Chairman of a tribunal may always hear questions as to matters of jurisdiction alone. . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 20 May 2022; Ref: scu.89013

Shawkat v Nottingham City Hospital NHS Trust: EAT 14 Jul 1999

A doctor claimed that he had been dismissed unfairly for redundancy and his employers claimed that since he had not accepted new conditions he had been dismissed fairly for some other reason. The Tribunal held that he had been dismissed for redundancy after the re-organisation because his work could not be excluded from consideration. His work is determined by what work he was doing rather than his strict contractual obligations.

Citations:

Gazette 14-Jul-1999, [1999] UKEAT 519 – 98 – 2502, [1999] IRLR 340

Links:

Bailii

Cited by:

Appeal From – Shawkat v Nottingham City Hospital NHS Trust CA 21-Jun-2001
The claimant doctor had been dismissed. He said it was unfairly, and the Trust replied that he had been made redundant ‘for some other reason’ since he had nt acceted new conditions of work.
Held: The employee’s appeal failed. The EAT had . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 20 May 2022; Ref: scu.89199

Sibson v United Kingdom (Case 4/1992/349/422): ECHR 17 May 1993

Employer insisting that an employee join a particular union on a site is not breaching the employees convention rights.
Hudoc Preliminary objection joined to merits (non-exhaustion); No violation of Art. 11

Citations:

Ind Summary 24-May-1993, Times 17-May-1993, [1993] ECHR 18, 14327/88, [1993] ECHR 18

Links:

Worldlii, Bailii

Human Rights, Employment

Updated: 20 May 2022; Ref: scu.89252

Barclays Bank Plc v O’Brien and Others: CA 25 Jul 1994

The court set out and restated the principles for determining what was the normal retiring age in an employment. The ‘Normal’ retirement age is 65 unless the employment contract provides a different age for retirement. A retirement policy does not fail to set an applicable normal retiring age only because the policy allows certain exceptions.

Citations:

Ind Summary 25-Jul-1994, [1993] ICR 347, 1994] IRLR 580

Statutes:

Employment Protection (Consolidation) Act 1978 64(1)(b) 109(1)

Jurisdiction:

England and Wales

Citing:

Appeal from – Barclays Bank Plc v O’Brien and others EAT 19-Jan-1993
‘Normal retiring age’ . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 20 May 2022; Ref: scu.78213

Rubenstein and Another (T/A McGuffies Dispensing Chemists) v McGloughlin: EAT 28 Dec 1995

Half only of invalidity benefit received by the employee during his period of notice was to be deducted from an unfair dismissal award.

Citations:

Times 28-Dec-1995, [1996] UKEAT 767 – 94 – 2904, [1997] ICR 318

Links:

Bailii

Cited by:

Cited – Langley and Another v Burso EAT 3-Mar-2006
The claimant had been dismissed shortly after becoming unable to work. She sought payment of her normal salary during the period of notice saying this was established good practice.
Held: ‘We are put in the invidious position of being bound by . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 20 May 2022; Ref: scu.88911

Adams and Raynor v West Sussex County Council: 1990

The EAT does not have a general power of review of interlocutory orders made by Industrial Tribunals or a Chairman. An appellant must convince the appeal tribunal that the Industrial Tribunal had erred in legal principle in the exercise of the discretion or had failed to take into account relevant considerations or had taken irrelevant factors into account, or that no reasonable tribunal, properly directing itself could have refused the amendment. Wood P said that three questions should be answered: ‘(a) Is the order made one within the powers given to the tribunal? (b) Has the discretion been exercised within guiding legal principles)? . . (c) Can the exercise of the discretion be attacked on the principles in Associated Provincial Picture Houses Ltd v Wednesbury Corporation?’

Judges:

Wood J P

Citations:

[1990] ICR 546

Jurisdiction:

England and Wales

Cited by:

Cited – Bull Information Systems Ltd v Joy and Rose EAT 13-Apr-1999
The claimants complained of unfair dismissal. The appellant company said that the contracts, as apprenticeships, did not give rise to continuous service accruals. The company appealed against a refusal of an adjournment of the hearing.
Held: . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 20 May 2022; Ref: scu.403025

O’Brien v Ministry of Justice: SC 12 Jul 2017

The claimant challenged e pension arrangements made for part time judges.
Held: ‘The majority of the court are inclined to think that the effect of Directive 97/81 is that it is unlawful to discriminate against part-time workers when a retirement pension falls due for payment. The directive applies ratione temporis where the pension falls due for payment after the directive has entered into force. In so far as part of the period of service took place prior to the directive’s entry into force, the directive applies to the future effects of that situation.’
Case referred to the ECJ: ‘Does Directive 97/81, and in particular clause 4 of the Framework Agreement annexed thereto concerning the principle of non-discrimination, require that periods of service prior to the deadline for transposing the Directive should be taken into account when calculating the amount of the retirement pension of a part-time worker, if they would be taken into account when calculating the pension of a comparable full-time worker?’

Judges:

Baroness Hale of Richmond DPSC, Lord Kerr of Tonaghmore, Lord Reed, Lord Carnwath, Lord Hughes JJSC

Citations:

[2017] UKSC 46, [2017] WLR(D) 478, [2017] IRLR 939, [2017] ICR 1101

Links:

Bailii, Bailii Summary, WLRD

Statutes:

Council Directive 97/81/EC, Judicial Pensions Act 1981, Judicial Pensions and Retirement Act 1993, Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000

Jurisdiction:

England and Wales

Citing:

See Also – Department of Constitutional Affairs v O’Brien EAT 22-Apr-2008
EAT JURISDICTIONAL POINTS
Claim in time and effective date of termination
Extension of time: just and equitable
Appeal against Chair’s exercise of discretion to extend time for a PTWR claim . .
See Also – O’Brien v Department for Constitutional Affairs CA 19-Dec-2008
The claimant was a part time recorder. He claimed to be entitled to a judicial pension.
Held: The Employment Appeal Tribunal was wrong to find an error of law in the decision of the Employment Tribunal to extend time; but the court declined to . .
At ECJ – O’Brien v Ministry of Justice ECJ 1-Mar-2012
1) European Union law must be interpreted as meaning that it is for the member states to define the concept of ‘workers who have an employment contract or an employment relationship’ in clause 2.1 of the Framework Agreement . . and in particular, to . .
At SC(1) – O’Brien v Ministry of Justice SC 6-Feb-2013
The appellant, a part time recorder challenged his exclusion from pension arrangements.
Held: The appeal was allowed. No objective justification has been shown for departing from the basic principle of remunerating part-timers pro rata . .
At EAT – The Ministry of Justice v O’Brien EAT 4-Mar-2014
EAT PART TIME WORKERS
The calculation of the amount of pension to which a retired part-time judge is entitled under the Part-time Workers Directive and the consequential domestic regulations should, as a . .
Appeal from – O’Brien v Ministry of Justice and Others CA 6-Oct-2015
The claimants each sought additional pensions, saying that discrimination laws which had come into effect (for part time workers and for sexual orientation) should be applied retrospectively.
Held: The decision was upheld. The ‘no . .
Cited – Istituto nazionale della previdenza sociale (INPS) v Lotti, Matteucci (Social Policy) ECJ 10-Jun-2010
EU Directive 97/81/EC – Framework Agreement on part-time work – Equal treatment of part-time and full-time workers – Calculation of the period of service required to obtain a retirement pension – Periods not . .
Cited – Istituto nazionale della previdenza sociale (INPS) v Bruno, Pettini (Social Policy) ECJ 10-Jun-2010
Europa Directive 97/81/EC – Framework Agreement on part-time work – Equal treatment of part-time and full-time workers – Calculation of the period of service required to obtain a retirement pension – Periods not . .
Cited – Commission v Moravia Gas Storage ECJ 26-Mar-2015
Judgment – Appeals – Internal market in natural gas – Obligation of natural gas undertakings – Organisation of a system of negotiated third party access to gas storage facilities – Decision of the Czech authorities – Temporary exemption for future . .
Cited – Ten Oever v Stichting Bedrijfspensioenfonds voor het Glazenwassers- en Schoonmaakbedrijf (Judgment) ECJ 6-Oct-1993
Equal pay for men and women – Survivor’s pension – Limitation of the effect in time of the judgment in Case C-262/88 Barber.
As to Barber: ‘The Court’s ruling took account of the fact that it is a characteristic of this form of pay [scil, . .

Cited by:

Reference to ECJ – Miller and Others v Ministry of Justice SC 16-Dec-2019
‘The issue in this appeal is when time starts to run for a claim by a part-time judge to a pension under the Part-time Workers’ Directive (Directive 97/81) (‘PTWD’), as applied by the Part-time Workers (Prevention of Less Favourable Treatment) . .
Lists of cited by and citing cases may be incomplete.

European, Employment, Discrimination

Updated: 20 May 2022; Ref: scu.589261

Lodwick v London Borough of Southwark: EAT 7 Mar 2003

The applicant was employed by the respondent and sought leave to work for the CAB for a year, requesting a sabbatical. Leave was refused. He applied to the employment tribunal, but objected that the chairman had, in a previous case, indicated his strong dislike of the applicant. The chairman refused to recuse himself.
Held: The proposed appeal was not on a question of law, and the EAT did not have jurisdiction to hear the appeal. ‘The claim based on the Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000 and the Directive 97/81 EC seems to me to have been entirely misconceived. Those provisions were designed to protect part-time workers from being discriminated against when compared with full-time workers. They do not give a right to an employee who wants to go and work for somebody else to insist that his original employer continues to employ him part-time. ‘

Citations:

[2003] EAT 1285 – 02 – 0703, [2003] UKEAT 1285 – 02 – 0703

Links:

Bailii, Bailii

Statutes:

Employment Tribunals Act 1996 21(1)

Jurisdiction:

England and Wales

Citing:

Appealed to – Lodwick v London Borough of Southwark CA 18-Mar-2004
The claimant alleged bias on the part of the employment appeal tribunal chairman hearing his appeal. The chairman refused to stand down, saying that he was only one of three tribunal members with an equal vote. The chairman had four year’s . .

Cited by:

Appeal from – Lodwick v London Borough of Southwark CA 18-Mar-2004
The claimant alleged bias on the part of the employment appeal tribunal chairman hearing his appeal. The chairman refused to stand down, saying that he was only one of three tribunal members with an equal vote. The chairman had four year’s . .
Lists of cited by and citing cases may be incomplete.

Employment, Discrimination

Updated: 19 May 2022; Ref: scu.189318

Rockfon A/S v Specialarbejderforbunde I Danmark Acting for Nielsen and Others: ECJ 17 Jan 1996

The term ‘establishment’ for the purpose of consultation on contemplated redundancies meant the work unit to which the relevant workers were assigned: ‘The term ‘establishment’ appearing in Article 1(1)(a) of Directive (75/129/EEC) must therefore be interpreted as designating, depending on the circumstances, the unit to which the workers made redundant are assigned to carry out their duties. It is not essential, in order for there to be an ‘establishment’, for the unit in question to be endowed with a management which can independently effect collective redundancies.
That interpretation is supported by the fact that the Commission’s initial proposal for a Directive uses the term ‘undertaking’ and that that term was defined in the last sub-paragraph of Article 1(1) of the proposal as ‘local employment unit’. It appears, however, that the Council decided to replace the term ‘undertaking’ by the term ‘establishment’, which meant that the definition originally contained in the proposal and considered to be superfluous was deleted.
The answer to the second part of the preliminary question must therefore be that the term ‘establishment’ appearing in Article 1(1)(a) . . must be understood as meaning, depending on the circumstances, the unit to which the workers made redundant are assigned to carry out their duties. It is not essential, in order for there to be an ‘establishment’ for the unit in question to be endowed with a management which can independently effect collective redundancies.’

Citations:

Times 17-Jan-1996, C-449/93, [1995] EUECJ C-449/93, [1996] IRLR 168, [1996] ICR 673, [1996] CEC 224, [1995] ECR I-4291

Links:

Bailii

Statutes:

Directive 79/129/EEC L48/29

Cited by:

Cited – 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 . .
Cited – Brookes and 334 Others v Borough Care Services and CLS Care Services Ltd EAT 4-Aug-1998
Where a transfer of a business had been arranged by way of a transfer of shares rather than of the business and particularly in order to avoid the Regulations, the transfer of shares took effect as a transfer of the undertaking and so the . .
Cited – Athinaiki Chartopoiia AE v L Panagiotidis and Others, third party: Geniki Sinomospondia Ergaton Elladas (GSEE) ECJ 15-Feb-2007
ECJ Free Movement of Persons – Collective redundancies – Council Directive 98/59/EC Article 1(1)(a) – Termination of the establishment’s activities of the employer’s own volition – Concept of ‘establishment’.
Lists of cited by and citing cases may be incomplete.

Employment, European

Updated: 19 May 2022; Ref: scu.88831

Rotsart de Hertaing v Benoidt and IGC Housing Service (In Liquidation) and Another: ECJ 14 Nov 1996

ECJ Safeguarding of employees’ rights in the event of transfers of undertakings, businesses or parts of businesses – Transfer to the transferee of the rights and obligations arising from a contract of employment – Date of transfer.

Citations:

Times 25-Nov-1996, [1997] IRLR 127, C-305/94, [1996] EUECJ C-305/94

Links:

Bailii

Statutes:

EC Directive 77/187/EEC

Cited by:

Cited – North Wales Training and Enterprise Council Ltd v Astley and others HL 21-Jun-2006
Civil servants had been transferred to a private company. At first they worked under secondment from the civil service. They asserted that they had protection under TUPE and the Acquired Rights Directive. The respondent said that there had only been . .
Lists of cited by and citing cases may be incomplete.

Employment, European

Updated: 19 May 2022; Ref: scu.88875

Rovenska v General Medical Council: EAT 22 Sep 1994

The complainant said that the respondent’s rules imposing language skills testing on doctors with recognised foreign qualifications were discriminatory.
Held: Discriminatory rules are a continuing act and the complaint was not barred by time limit. The complaint was not time-barred because it was: ‘about the maintenance and operation of a scheme for exemption which extends over a period, that period being the currency of the scheme or rules.’

Judges:

Mummery J

Citations:

Independent 22-Sep-1994, [1994] UKEAT 163 – 93 – 1103

Links:

Bailii

Cited by:

Appeal from – Rovenska v General Medical Council CA 4-Dec-1996
A Czechoslovakian doctor complained against the General Medical Council under Section 12(1)(a) of the 1976 Act 1976 in respect of the most recent of a series of refusals, under its rules for the grant of limited registration as a medical . .
Cited – Cast v Croydon College CA 19-Mar-1998
Complaint was made within time limit when the decision complained of was a reconsideration of an earlier decision, not just a reference back to it.
Held: In a sex discrimination case, where there has been a constructive dismissal, time runs . .
Lists of cited by and citing cases may be incomplete.

Discrimination, Employment

Updated: 19 May 2022; Ref: scu.88876

Regina v Secretary of State for Trade and Industry ex parte Broadcasting, Entertainment, Cinematographic and Theatre Union: ECJ 26 Jun 2001

The rule in United Kingdom law under which the entitlement to be paid annual leave arose only after an employee had been continuously employed for 13 weeks, did not satisfy European law. Members of the applicant trade union were typically employed on short term repeating contracts and did not receive paid annual holidays. The Directive sought to improve working conditions for employees. There were certain derogations, but not from Article 7, the particular applicable condition. The right was a social right directly conferred on each worker, and the UK regulations were incompatible with that right.

Citations:

Times 28-Jun-2001, C-173/99, [2001] EUECJ C-173/99

Links:

Bailii

Statutes:

Council Directive 93/104/EC concerning certain aspects of the organisation of working time, Working Time Regulations 1998 (1998 No 1833) 13(7)

Cited by:

Cited – Munro v M P B Structures Ltd IHCS 1-Apr-2003
The respondent firm paid their staff holiday pay by adding a proportion to each wage packet. The employee complained that this was in breach of the regulations.
Held: The Regulations gave effect to the directive. The directive treated holiday . .
Lists of cited by and citing cases may be incomplete.

Employment, European

Updated: 19 May 2022; Ref: scu.88660

Port of London Authority v Payne and Others: CA 3 Nov 1993

The practicality of re-instatement of an employee is to be decided on the evidence immediately before the tribunal.

Citations:

Times 25-Nov-1993, [1993] EWCA Civ 26, [1994] IRLR 9, [1994] ICR 555

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – Port of London Authority v Payne and Others EAT 7-May-1992
A decision as to the practicality of an order for re-engagement is to be made at time of the order. . .
Appeal from – Port of London Authority v Payne and others EAT 17-Dec-1992
. .
See Also – Payne and others v Port of London Authority EAT 9-Jun-1993
. .

Cited by:

Cited – McBride v Scottish Police Authority (Scotland) SC 15-Jun-2016
The court was asked whether the employment tribunal had been correct, after finding that the appellant had been unfairly dismissed, to order her reinstatement. She had worked as a fingerprint officer, but her reinstatement was to be on terms that . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 19 May 2022; Ref: scu.84801

Port of London Authority v Payne and Others: EAT 7 May 1992

A decision as to the practicality of an order for re-engagement is to be made at time of the order.

Citations:

Gazette 02-Sep-1992, [1992] UKEAT 511 – 91 – 0705

Links:

Bailii

Statutes:

Employment Protection (Consolidation) Act 1978 58(1)(b)

Jurisdiction:

England and Wales

Cited by:

Appeal from – Port of London Authority v Payne and Others CA 3-Nov-1993
The practicality of re-instatement of an employee is to be decided on the evidence immediately before the tribunal. . .
See Also – Port of London Authority v Payne and others EAT 17-Dec-1992
. .
See Also – Payne and others v Port of London Authority EAT 9-Jun-1993
. .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 19 May 2022; Ref: scu.84802

O’Neill v Governors of St Thomas More Roman Catholic Voluntary Aided Upper School: EAT 7 Jun 1996

The dismissal by a Roman Catholic school of a teacher who was pregnant by a priest, was on the grounds of pregnancy, and for an inadmissible reason. The pregnancy was an effective cause of the adverse treatment of the Appellant by her employer.

Judges:

Mummery P

Citations:

Gazette 12-Sep-1996, Times 07-Jun-1996, [1996] IRLR 372, [1996] UKEAT 1180 – 94 – 304, [1997] ICR 33

Links:

Bailii

Statutes:

Sex Discrimination Act 1975

Citing:

See Also – O’Neill v Governors of St Thomas More RC School EAT 12-Oct-1995
The claimant had lodged an appeal against a rejection of her claim of sex discrimination, and against the amount of damages awarded on the success of her claim of unfair dismissal. After rejection of her request for a review, her counsel had lodged . .

Cited by:

Applied – Martin v Goldsobel EAT 6-Sep-2001
The employee had been dismissed. She alleged that it was because of her pregnancy, and was automatically unfair. The employers, a firm of solicitors, alleged that it related to her standards of work.
Held: To establish sex discrimination a . .
Cited – Murphy v Sheffield Hallam University EAT 11-Jan-2000
The claimant challenged refusal of his claim of discrimination. He was profoundly deaf. He applied for work, and indicated his disability, but no provision was made for a signer to appear at the interview. The interview was re-arranged, but he . .
Cited – A C Redfearn v Serco Ltd T/A West Yorkshire Transport Service EAT 27-Jul-2005
The claimant said that he had been indirectly discriminated against on racial grounds. He was dismissed after being elected as a local councillor for the BNP. The employer considered that for Health and Safety reasons, his dismissal was necessary . .
Lists of cited by and citing cases may be incomplete.

Discrimination, Employment

Updated: 19 May 2022; Ref: scu.84460

Nottingham University v Fishel: QBD 19 Jan 2000

When a university embryologist, the respondent, worked abroad he did not act in any breach of fiduciary duty. He remained under a specific duty to direct his fellow embryologists to work in the interests of the university and not in his own financial interest. When receiving financial reward for work undertaken by other embryologists abroad, he was acting in breach of his fiduciary duty and was required to account for the profit he had made.
In the absence of an explicit term in his contract for this purpose, an employee has no duty to inform his employer of any employment taken by him outside that contract, even if it was in breach of that contract. The relation of trust and confidence between employer and employee did not make it a fiduciary relationship. An employee other than a senior employee is in a different position to a director, and an employee had no duty to pursue his employer’s interests at the expense of his own. Care must be taken not to equate the duty of good faith and loyalty owed by every employee with a fiduciary obligation. Unless that distinction is maintained common law rules of causation and remoteness of damages may be:- ‘miraculously sidestepped by intoning the magic formula (breach of fiduciary duty)’.
‘in determining whether a fiduciary relationship arises in the context of an employment relationship, it is necessary to identify with care the particular duties undertaken by the employee, and to ask whether in all the circumstances he has placed himself in a position where he must act solely in the interest of his employer. It is only once those duties have been identified that it is possible to determine whether any fiduciary duty has been breached.’

Judges:

Elias J

Citations:

Times 31-Mar-2000, [2000] EWHC 221 (QB), [2000] Ed CR 505, [2001] RPC 22, [2000] ICR 1462, [2000] IRLR 471, [2000] ELR 385

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – SG and R Valuation Service Co v Boudrais and others QBD 12-May-2008
The claimant sought to require the defendants not to work during their notice period to achieve the equivalent of garden leave despite there being no provision for garden leave in the contracts. It was said that the defendants had conspired together . .
Cited – Helmet Integrated Systems Ltd v Tunnard and others CA 15-Dec-2006
Whilst employed by the claimants as a salesman, the defendant came to want to develop his idea for a modular helmet suitable for fire-fighters and others. He took certain steps including showing the proposal confidentially to a competitor, and then . .
Cited – Ranson v Customer Systems Plc CA 27-Jun-2012
Lewison LJ considered the contractual duty of fidelity within an employment contract:
‘It is not disputed that an employee has an obligation of fidelity towards his employer. If the obligation is not expressed, it will invariably be implied.
Cited – Whitmar Publications Ltd v Gamage and Others ChD 4-Jul-2013
Whitmar claimed damages for breach of contract; an account of profits; damages for breach of fiduciary duty and/or for infringement of its Database Rights under the Copyright and Rights in Database Regulations 1997; and for a permanent injunction . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 19 May 2022; Ref: scu.84377

Morse v Wiltshire County Council: EAT 1 May 1998

A tribunal considering a claim of disability discrimination should best consider the various statutory elements in the order given in the Act, so as to avoid confusion in unraveling what is a complex statutory structure. The wide language of section 6(2) and 6(3) is capable of applying to a ‘dismissal situation’. Although section 6 makes no express mention of dismissal, termination of service or redundancy, the Code of Practice assumes that section applies to a dismissal in the circumstances of the applicant in that case. ‘Arrangements on which employment . . is offered or afforded’ include alternatives to dismissal, such as are mentioned in section 6(3)-allocation of the disabled person’s duties to another person, assigning him to a different place of work or transferring him to fill an existing vacancy.

Judges:

Bell J

Citations:

Times 11-May-1998, [1998] UKEAT 1279 – 97 – 0105, [1998] ICR 1023

Links:

Bailii

Statutes:

Disability Discrimination Act 1995 5 6

Cited by:

Cited – Clark v TDG Limited (Trading As Novacold) CA 25-Mar-1999
The applicant had soft tissue injuries around the spine as a consequence of a back injury at work. He was absent from work for a long time as a result of his injuries, and he was eventually dismissed when his medical advisers could provide no clear . .
Cited – Rothwell v Pelikan Hardcopy Scotland Ltd EAT 23-Sep-2005
EAT DISABILITY DISCRIMINATION
Reasonable adjustments
UNFAIR DISMISSAL
Procedural fairness
The claimant, who suffered from Parkinson’s Disease, claimed that he had been unfairly dismissed and . .
Lists of cited by and citing cases may be incomplete.

Employment, Discrimination

Updated: 19 May 2022; Ref: scu.83862

Nerva and Others v R L and G (T/a Paradiso E Inferno and Trota Blu Wine Bar): CACD 15 May 1996

A waiter’s tips which were received, and then re-distributed by the employer, are part of the employees’ wages for minimum wage purposes. The gratuities became the employer’s property so that when they paid the waiters their share of them, they were doing so with their (the employer’s) own money and such payments therefore counted towards the remuneration they paid.

Citations:

Times 28-May-1996, Gazette 19-Jun-1996, [1996] EWCA Crim 449, [2002] IRLR 815, [1997] ICR 11

Statutes:

Wages Council Act 1979, Wages Act 1986 16(1)

Jurisdiction:

England and Wales

Cited by:

Appeal From – Nerva And Others v The United Kingdom ECHR 24-Sep-2002
The claimants were waiters. Tips paid were included in credit card payments to their employers, who then paid them out in ‘additional pay’. The waiters claimed that this was then included within the wage, and used to calculate their minimum pay. . .
Cited – Annabel’s (Berkeley Square) Ltd and Others v Revenue and Customs CA 7-May-2009
The court considered whether tips paid at a restaurant by means of a credit card or cheque thus becoming the employer’s money could properly count toward the minimum wage when paid on to the employee. The revenue contended that the money received . .
Lists of cited by and citing cases may be incomplete.

Employment, Crime

Updated: 19 May 2022; Ref: scu.84250

Mobbs v Nuclear Electric Ltd: EAT 8 Aug 1996

An IT Chair should not sit alone at preliminary hearing if evidence is to be given.

Citations:

Times 08-Aug-1996, [1996] UKEAT 1182 – 95 – 0506, [1996] IRLR 536

Links:

Bailii

Cited by:

Disapproved – Tsangacos v Amalgamated Chemicals Ltd and Another EAT 6-Nov-1996
The Chairman of a tribunal may always hear questions as to matters of jurisdiction alone. . .
Distinguished – Sarker v South Tees Acute Hospitals NHS Trust EAT 25-Mar-1997
CS The appellant applied for a job with the respondent. Her offer was confirmed in writing. When the offer was withdrawn before she began to work, she claimed damages under s131.
Held: The employment . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 19 May 2022; Ref: scu.83777

Kwik-Fit (GB) Ltd v Lineham: EAT 5 Feb 1992

The applicant claimed unfair dismissal. The employer replied that the employee had resigned.
Held: The employer’s appeal was dismissed. The resignation had taken place in a heated moment, and it was not conclusive. An employer may not be able to rely upon a resignation made by an employee which had obviously been made in the heat of the moment. Constructive dismissal might still be a possibility. However (Wood J) ‘As we have said the industrial members take the view that the way in which this industrial tribunal have expressed themselves puts too high a burden upon employers. If words of resignation are unambiguous then prima facie an employer is entitled to treat them as such, but in the field of employment personalities constitute an important consideration. Words may be spoken or actions expressed in temper or in the heat of the moment or under extreme pressure (‘being jostled into a decision’) and indeed the intellectual make-up of an employee may be relevant: (and he gives a citation). These we refer to as `special circumstances’. Where `special circumstances’ arise it may be unreasonable for an employer to assume a resignation and to accept it forthwith. A reasonable period of time should be allowed to lapse and if circumstances arise during that period which put the employer on notice that that further inquiry is desirable to see whether the resignation was really intended and can properly be assumed, then such inquiry is ignored at the employer’s risk. He runs the risk that ultimately evidence may be forthcoming which indicates that in the `special circumstances’ the intention to resign was not the correct interpretation when the facts are judged objectively’.

Judges:

Wood J

Citations:

Gazette 05-Feb-1992, [1991] UKEAT 250 – 91 – 2410, [1992] ICR 183, [1992] IRLR 156

Links:

Bailii

Citing:

Cited – Chesham Shipping Ltd v Rowe 1977
. .
Cited – Sothern v Frank Charlesly and Co CA 1981
Where an employee gives an unequivocal and unambiguous notice of his resignation, then that can be accepted by an employer and there is no dismissal. Where the unambiguous words are said in a moment of anger or in the heat of the moment or where . .
Cited – J and J Stern v Simpson 1983
Unambiguous words of an employee resigning should be accepted as such. . .
Cited – Martin v Yeoman Aggregates Ltd EAT 1983
A director of the employer had engaged in an argument with the employee claimant, which resulted in the director telling the employee he was dismissed. Within five minutes, the director cooled down and retracted the dismissal. The employee insisted . .
Cited – Sovereign House Security Services Ltd v Savage CA 1989
S was employed as a Security Officer. After discovering a cash shortage, his superior, P, rang him and suspended him forthwith pending police investigations. S responded by saying ‘I am not having any of that, you can stuff it, I am not taking the . .
Cited – Western Excavating (ECC) Ltd v Sharp CA 1978
To succeed in a claim for constructive dismissal the plaintiff must establish a breach of contract by the defendant, that the breach was sufficiently serious to have justified the claimant resigning, or at least be the last in a series of events . .
Cited – Tanner v D T Kean Ltd EAT 1978
The court was asked whether the words used by the claimant were an unambiguous statemet of an intent to resign. . .
Cited – Barclay v Glasgow District Council 1983
B who was mentally disabled, worked cleaning up swing-parks. There was an altercation with the District Manager and the Foreman which ended by Mr Barclay saying that he wanted his books ‘the next day.’ The next day was a pay day and the manager gave . .
Cited – London Transport Executive v Clarke CA 1981
The employee had taken unauthorised leave to go to Jamaica. After sending two letters to his home address asking for an explanation and giving an ultimatum, the employers wrote on 26 March saying that his name had been permanently removed from their . .
Cited – Gale Ltd v Gilbert EAT 1978
The claimant had worked for the employer for many years. There was a disagreement, and the employee said ‘I am leaving, I want my cards’. He claimed unfair dismissal.
Held: The EAT upheld the employer’s appeal against a finding of unfair . .

Cited by:

Cited – Grainger v Pat Kirk Limited NIIT 7-Apr-2005
. .
Cited – Grainger v Pat Kirk Limited FENI 7-Apr-2005
. .
Cited – Roberts v Messrs F J and J Frost EAT 6-Oct-1993
. .
Cited – Squires v Hill Brothers (Chichester) Ltd EAT 23-Jan-1995
. .
Cited – Leeds Private Hospital Ltd v Sayles EAT 25-Jul-1995
. .
Cited – Rugby Travel Specialists Ltd v Spender EAT 16-Jul-1997
. .
Cited – Theodosopoulou v Bank of Cyprus (London) Ltd EAT 15-Jul-1999
. .
Cited – Walker v Heathrow Refuelling Services Company Ltd and others EAT 6-Oct-2004
. .
Cited – Liverpool Community College v Bogart EAT 5-Jul-2006
EAT Unfair dismissal – dismissal/ambiguous resignation
ET was required to decide a preliminary issue whether the Respondent agreed that the Claimant could withdraw his notice. In a majority judgment, they . .
Cited – Ali v Birmingham City Council EAT 27-Oct-2008
EAT UNFAIR DISMISSAL: Dismissal/ambiguous resignation
1. The claimant handed in a letter of resignation to the respondents and he was then given a period of about 30 minutes to reconsider his decision.
Cited – Willoughby v C F Capital Plc EAT 13-Jul-2010
EAT UNFAIR DISMISSAL – Dismissal/ambiguous resignation
Whether employee was dismissed – unambiguous words of dismissal used by employer – Tribunal erred in law in holding that by reason of ‘special . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 19 May 2022; Ref: scu.82875

Harris v Lord Shuttleworth and Others (Trustee of National and Provincial Building Society Pension Fund): CA 26 Nov 1993

The employee was dismissed on notice. The employee applied to the trustees to be recognised as entitled to an immediate pension as having been permanently incapacitated, but her application was turned down, both on the ground that she could obtain other employment and also on the ground that dismissal was different from retirement.
Held: Dismissal for prolonged illness may be early retirement for pension purposes. ‘Unaffected by authority, I would conclude that if an employee before reaching normal pension age is incapacitated from following her employment by a physical or mental disability or ill health which renders it improbable that she will be able to follow her present or similar employment during any part of the period until she reaches normal pension age, and if as a result her employment with the Society comes to an end, it matters not how her employment is terminated. In my judgment, whether she gives notice of her intention to leave or the Society gives notice dismissing her, the termination can still properly be described as ‘retirement from the Service by reason of incapacity’.

Judges:

Glidewell LJ

Citations:

Independent 26-Nov-1993, (1994) PLR 47, [1993] EWCA Civ 29, [1994] IRLR 547, [1994] ICR 991, [1994] Pens LR 47

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – AGCO Limited v Massey Ferguson Works Pension Trust Limited, Bradbury, Chater CA 17-Jul-2003
An employee sought payment under his pension scheme on taking redundancy at the employer’s request. The scheme did not make explicit provision for payment in such circumstances.
Held: The court had to begin with the words used. The kernel of . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 19 May 2022; Ref: scu.81255

Hilton International Hotels (UK) Ltd v Faraji: EAT 10 Jan 1994

No reduction in compensation for unfair dismissal was to be made for invalidity benefit.

Citations:

Times 10-Jan-1994, [1993] UKEAT 136 – 93 – 1511

Links:

Bailii

Cited by:

Cited – Puglia v C James and Sons EAT 24-Oct-1995
The EAT considered the effect of the receipt of benefits during a period of sickness when calculating loss of earnings, and whether a hearing was properly conducted without the presence of the parties.
Held: There is no procedural irregularity . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 19 May 2022; Ref: scu.81385

Halfpenny v IGE Medical Systems Ltd: HL 19 Dec 2000

A woman who had taken maternity leave was deemed to have returned to work following the completion of that leave when, on the appropriate date she provided medical certificates in accordance with the contract of employment. The applicant had given notice of her intention to return after maternity leave, but obtained an extension of four weeks. She requested a further extension, but this was refused by her employers. She did not attend.
Held: The right to return could not be dependent on the simple ability to return on the day notified. Nor could the simple service of a notice under the section create a return to work. In this case, however, the employee had demonstrated her intention to comply with the requirements of the contract of employment, and that was sufficient to constitute a return to work under the Act even though she did not physically attend on the notified day.

Judges:

Lord Hope of Craighead Lord Mackay of Clashfern Lord Goff of Chieveley Lord Browne-Wilkinson Lord Clyde

Citations:

Times 19-Dec-2000, [2000] UKHL 64

Links:

House of Lords, Bailii

Statutes:

Sex Discrimination Act 1975, Employment Protection (Consolidation) Act 1978

Jurisdiction:

England and Wales

Citing:

Appeal from – Halfpenny v IGE Medical Systems Ltd CA 18-Dec-1998
Where an employee had taken extended maternity leave but was then unable to return for post-natal depression, but she was dismissed, the resumption of her contract on issuing her notice of intention to return revived her sickness rights anew.
Cited – Kwik Save Stores Limited v Greaves; Crees v Royal London Mutual Insurance Society Limited CA 20-Jan-1998
Women had taken extended maternity leave, but having followed the procedures, had been unable for illness to return to work on the day they had notified. The employer then asserted that the claimants had resigned. The EAT had confirm that they had . .
Cited – Kelly v Liverpool Maritime Terminals Limited CA 1988
An employee had no valid claim for unfair dismissal if illness prevented her from returning to work before the end of the twenty-nine week period after her confinement, allowing for only one statutory extension of 4 weeks. The applicant’s maternity . .
Lists of cited by and citing cases may be incomplete.

Discrimination, Employment

Updated: 19 May 2022; Ref: scu.81144

Goodwin v Patent Office: EAT 21 Oct 1998

An ability to carry out normal domestic day to day tasks did not mean that a physical impairment was not substantial. The word ‘substantial’ is potentially ambiguous. In that it might mean ‘very large’ or ‘more than minor or trivial’. The code of guidance resolves this ambiguity in favour of the latter alternative. The employment tribunal would: ‘wish to examine how the applicants abilities had actually been affected at the material time, whilst on medication, and then to address their minds the difficult question as to the effects which they think there would have been but for the medication: the deduced effects. The question is then whether the actual and deduced effects on the applicants ability to carry out normal day to day activities [are] clearly the more than trivial.’
The tribunal should consider four conditions: ‘(1) The impairment condition. Does the applicant have an impairment which is either mental or physical?
(2) The adverse effect condition. Does the impairment affect the applicant’s ability to carry out normal day-to-day activities in one of the respects set out in paragraph 4(1) of Schedule 1 to the Act, and does it have an adverse effect?
(3) The substantial condition. Is the adverse effect (upon the applicant’s ability) substantial?
(4) The long-term condition. Is the adverse effect (upon the applicant’s ability) long-term?’ He continued: ‘Frequently, there will be a complete overlap between conditions (3) and (4) but it will be as well to bear all four of them in mind. Tribunals may find it helpful to address each of the questions but at the same time be aware of the risk that disaggregation should not take one’s eye off the whole picture.’

Judges:

Morison J

Citations:

Times 11-Nov-1998, [1998] UKEAT 57 – 98 – 2110, [1999] ICR 302, [1999] IRLR 4

Links:

Bailii

Statutes:

Disability Discrimination Act 1995

Citing:

See also – Goodwin v Patent Office EAT 3-Feb-1999
Tribunals looking at Disability Discrimination should check the four factors in the Act without losing the overall picture. Assistance was available from the WHO Classification of Diseases. Being able to carry out a task did not mean ability was not . .

Cited by:

See also – Goodwin v Patent Office EAT 3-Feb-1999
Tribunals looking at Disability Discrimination should check the four factors in the Act without losing the overall picture. Assistance was available from the WHO Classification of Diseases. Being able to carry out a task did not mean ability was not . .
Cited – Conoco Ltd v Kevan Booth EAT 30-Jan-2001
EAT The employer appealed against a finding of unfair dsmissal and unlawful disability discrimination. He claimant suffered post traumatic stress after a fire at the appellant’s premises, and the employer was . .
Cited – J v DLA Piper UK Llp EAT 15-Jun-2010
EAT DISABILITY DISCRIMINATION – Disability
Job offer to Claimant withdrawn allegedly as a result of her disclosing a history of depression – On a preliminary issue Tribunal holds that at the material time . .
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 . .
Cited – Kapadia v London Borough of Lambeth EAT 27-May-1999
The claimant appealed against rejection of his claim for disability discrimination which had been on the ground that his condition did not amount to a disability within section 1(1). He suffered from anxiety, stress, tension and depression.
Lists of cited by and citing cases may be incomplete.

Employment, Discrimination

Updated: 19 May 2022; Ref: scu.80923

Edmonds v Lawson: QBD 13 Oct 1999

A pupil barrister was engaged in a form of apprenticeship, which had sufficient characteristics of employment to make the pupil a worker within the Act, and so entitled to payment of the minimum wage. The contract was either of employment or for personal services and so was covered.

Citations:

Times 11-Oct-1999, Gazette 13-Oct-1999

Statutes:

National Minimum Wage Act 1998 1 (2) (a), 58

Cited by:

Appeal From – Edmonds v Lawson, Pardoe, and Del Fabbro CA 10-Mar-2000
A contract of apprenticeship is synallagmatic. The master undertakes to educate and train the apprentice (or pupil) in the practical and other skills needed to practise a skilled trade (or learned profession) and the apprentice (or pupil) binds . .
Lists of cited by and citing cases may be incomplete.

Legal Professions, Employment

Updated: 19 May 2022; Ref: scu.80252

Doyle and Others v Northumbria Probation Committee: QBD 19 Feb 1992

The right to seek a private law remedy after withdrawal of the right to claim some expenses on financial grounds was not lost despite there also being a public remedy because of public law elements in the decision. The matter was essentially one of contract between the parties.

Citations:

Gazette 19-Feb-1992

Jurisdiction:

England and Wales

Employment

Updated: 19 May 2022; Ref: scu.80113

Digital Equipment Co Ltd v Clements: EAT 11 Dec 1996

An excess redundancy payment is to be deducted from damages before any per cent pro rata redeuction is to be made for any other reason. An employer paying over statutory minimum on redundancy is entitled to full credit for extra payment of had dismissed unfairly.

Citations:

Times 11-Dec-1996, [1996] UKEAT 593 – 95 – 0512

Links:

Bailii

Statutes:

Employment Protection (Consolidation) Act 1978 74

Cited by:

Appeal from – Digital Equipment Co Ltd v Clements (No 2) CA 4-Dec-1997
. .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 19 May 2022; Ref: scu.79961

Diocese of Southwark and Others v Coker: EAT 4 Apr 1996

A curate is not an employee of the Church and cannot claim unfair dismissal.

Judges:

Hull QC

Citations:

[1995] UKEAT 374 – 95 – 0811

Links:

Bailii

Statutes:

Employment Protection (Consolidation) Act 1978

Citing:

Appeal from – Coker v Diocese of Southwark ET 16-Mar-1995
An Anglican clergyman is an employee of the church, and so has employment rights. . .

Cited by:

Appeal from – Reverend Doctor A B Coker v Diocese of Southwark; Bishop of Southwark and Diocesan Board of Finance CA 11-Jul-1997
A Church of England Assistant Curate is not an employee, but rather a holder of an ecclesiastical office. There is a presumption that ministers of religion were office-holders who did not serve under a contract of employment. Accordingly he is not . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 19 May 2022; Ref: scu.79972