Tag: Employment

Manning and Another v Middleton Miniature Mouldings: EAT 1 Mar 2010

EAT PRACTICE AND PROCEDURE
Case Management
Perversity
Whether Employment Tribunal wrongly excluded a written witness statement, the witness being said to be unwell and living in Ireland. On appeal, the Employment Appeal Tribunal found that the witness statement was admitted but no weight was attached to it. That was a matter falling within the Employment Tribunal’s wide discretion to regulate its proceedings. Perversity not made out.

Citations:

[2010] UKEAT 0439 – 09 – 0103

Links:

Bailii

Employment

Updated: 14 August 2022; Ref: scu.401962

Truter v University of Leicester and Others: EAT 24 Nov 2009

EAT PRACTICE AND PROCEDURE: Postponement or stay
There was no basis for interfering with case management directions of an Employment Judge refusing a stay, nor grounds for allowing interim appeals when the claims stood struck out without appeal.

Citations:

[2009] UKEAT 0740 – 09 – 2411

Links:

Bailii

Citing:

Cited – Bellenden (formerly Satterthwaite) v Satterthwaite CA 1948
The court considered the role of the appeal court in assessing an order for maintenance payable for a divorced wife. The judge’s decision had been made by an exercise of his discretion.
Held: Asquith LJ said: ‘It is, of course, not enough for . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 13 August 2022; Ref: scu.393337

Dugdale v Kraft Foods Ltd: EAT 28 Oct 1976

In giving guidance on the use by industrial members of their life experience the EAT cautioned against an Employment Tribunal relying on the lay members’ experience to determine a case without giving the witness whose evidence they reject an opportunity to deal with the point(s) in issue. Provided that is done there is no reason why the members should not draw on their own knowledge and experience.
Phillips J said: ‘The members of industrial tribunals are appointed because of their special knowledge and experience, and we have no doubt that they are entitled to draw upon it in playing their part in assisting the tribunal as a whole to reach a decision. The main use which they will make of this knowledge and experience is for the purpose of explaining and understanding the evidence which they hear. Certainly, they are entitled to use their knowledge and experience to fill gaps in the evidence about matters which will be obvious to them but which might be obscure to a layman. More difficult is the case where evidence is given which is contrary to their knowledge and experience. If such an occasion arises, we think that they ought to draw to the attention of the witnesses the experience which seems to them to suggest that the evidence given is wrong, and ought not to prefer their own knowledge and experience without giving the witnesses an opportunity to deal with it. Provided that this opportunity is given there seems to us to be no reason why they should not draw on their own knowledge and experience in this way also. But it is highly desirable that in any case where particular use is made by an industrial tribunal of the knowledge and experience of one or more of their members in reaching their decision this fact should be stated, and that particulars of the matter taken into account should e fully disclosed.’

Judges:

Phillips, J P

Citations:

[1976] UKEAT 277 – 76 – 1076, [1976] 1 WLR 1288, (1979) 11 ITR 309, [1977] 1 All ER 454, [1977] IRLR 160

Links:

Bailii

Jurisdiction:

England and Wales

Employment, Discrimination

Updated: 13 August 2022; Ref: scu.392855

Parviainen (Social Policy): ECJ 17 Dec 2009

ECJ (Opinion) Social policy Protection of the safety and health of pregnant workers and workers who have recently given birth or are breastfeeding’ Directive 92/85 / EEC Articles 5 and 11 (1) Maintenance of remuneration and / or benefit ‘Worker transferred to another position during pregnancy’ Assignment due to risk to her health and that of her child ‘Remuneration lower than average remuneration received before temporary assignment to another post’ Former Compensation Monthly salary and bonuses

Citations:

C-471/08, [2009] EUECJ C-471/08 – O

Links:

Bailii

Statutes:

Directive 92/85/EEC

Jurisdiction:

European

Cited by:

Opinion – Parviainen v Finnair Oyj ECJ 1-Jul-2010
ECJ Social policy – Directive 92/85/EEC – Protection of the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding – Articles 5(2) and 11(1) – Worker . .
Opinion – Parviainen (Social Policy) ECJ 1-Jul-2010
Social policy – Directive 92/85/EEC – Protection of the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding – Articles 5(2) and 11(1) – Worker temporarily transferred to another job during her . .
Lists of cited by and citing cases may be incomplete.

Employment, Health and Safety

Updated: 11 August 2022; Ref: scu.384495

Khan v Checkers Cars Ltd: EAT 16 Dec 2005

EAT The claimant worked as a private hire car driver for the respondent company which operated a taxi service based at Gatwick Airport. The claimant owned and was responsible for his own vehicle. He paid his own income tax and national insurance. He was required to use set routes and charge set fares. He collected fares from customers, paying a commission to the respondent. He had complete flexibility over when he worked: he was not obliged to accept work and the respondent was not obliged to offer him work. Drivers were never required to attend work. The only issue (since the claim was one of unfair dismissal) was whether he was an employee, not whether he was providing services as a limb (b) worker.
Held: On these facts the ET had been entitled to find that there was no contract of employment. The absence of any obligation to work other than when he chose was inconsistent with the conclusion that there was any contract of employment which subsisted when the claimant was not working.
EAT Langstaff J observed, obiter: ‘If it had been material to our decision, we would have been inclined to find that . . , on the findings of fact that the tribunal made, the contract went no further than to amount to a licence by Checkers to permit the claimant to offer himself as a private hire taxi driver to individual passengers on terms dictated by the administrative convenience of Checkers and BAA.’

Judges:

Langstaff J

Citations:

UKEAT/0208/05, [2005] UKEAT 0208 – 05 – 1612

Links:

Bailii, EAT

Jurisdiction:

England and Wales

Citing:

Cited – Yuen v The Royal Hong Kong Golf Club PC 28-Jul-1997
(Hong Kong) The applicant was dismissed as a golf caddie after nine years. The Club denied that he had ever been an employee. He was issued by the club with a number, a uniform and a locker. Caddying work was allocated to available caddies in strict . .

Cited by:

Cited – Uber Bv and Others v Aslam and Others CA 19-Dec-2018
Uber drivers are workers
The claimant Uber drivers sought the status of workers, allowing them to claim the associated statutory employment benefits. The company now appealed from a finding that they were workers.
Held: The appeal failed (Underhill LJ dissenting) The . .
Cited – Uber Bv and Others v Aslam and Others SC 19-Feb-2021
Smartphone App Contractors did so as Workers
The court was asked whether the employment tribunal was entitled to find that drivers whose work was arranged through Uber’s smartphone application work for Uber under workers’ contracts and so qualify for the national minimum wage, paid annual . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 09 August 2022; Ref: scu.238273

Nethermere (St Neots) Ltd v Taverna and Gardiner: CA 1984

The court considered what elements must be present to create a contract of employment.
Held: Stephenson LJ said: ‘There must . . be an irreducible minimum of obligation on each side to create a contract of service.’
Kerr LJ said: ‘The inescapable requirement concerning the alleged employees however . . is that they must be subject to an obligation to accept and perform some minimum, or at least reasonable, amount of work, for the alleged employer. If not, then no question of any ‘umbrella’ contract can arise at all, let alone its possible classification as a contract of employment or of service. The issue is therefore whether the tribunal’s findings and conclusions show that they took account of this essential requirement.’
Dillon LJ said: ‘an arrangement under which there was never any obligation on the outworkers to do work or on the company to provide work could not be a contract of service’.

Judges:

Stephenson LJ, Kerr LJ, Dillon LJ

Citations:

[1984] IRLR 240, [1984] ICR 612

Jurisdiction:

England and Wales

Citing:

Cited – Chadwick v Pioneer Private Telephone Co Ltd 1941
Stable J said: ‘A contract of service implies an obligation to serve, and it comprises some degree of control by the master.’ . .
Cited – Ready Mixed Concrete Southeast Ltd v Minister of Pensions and National Insurance QBD 8-Dec-1967
Contracts of service or for services
In three cases appeals were heard against a finding as to whether a worker was entitled to have his employer pay National Insurance contributions on his behalf which would apply if he were an employee. He worked as an ‘owner-driver’
Held: The . .

Cited by:

Cited – Carmichael and Another v National Power Plc HL 24-Jun-1999
Tour guides were engaged to act ‘on a casual as required basis’. The guides later claimed to be employees and therefore entitled by statute to a written statement of their terms of employment. Their case was that an exchange of correspondence . .
Cited – Clark v Oxfordshire Health Authority CA 18-Dec-1997
A nurse was employed under a contract, under which there was no mutuality of obligation; she could refuse work and employer need offer none. This meant that there was no employment capable of allowing an unfair dismissal issue to arise.
Sir . .
Applied – Hellyer Bros Limited v McLeod CA 1987
The employer appealed saying that the EAT had wrongly substituted its own opinion for that of the Tribunal.
Held: The appeal was rejected. Looking at the totality of the facts found or otherwise referred to in the decision of the Industrial . .
Cited – Montgomery v Johnson Underwood Ltd CA 9-Mar-2001
A worker who had strictly been employed by an agency but on a long term placement at a customer, claimed to have been unfairly dismissed by the customer when that placement ended.
Held: To see whether she was an employee the tribunal should . .
Cited – Dacas v Brook Street Bureau (UK) Ltd, Wandsworth London Borough Council EAT 12-Nov-2002
EAT Contract of Employment – Definition of Employee . .
Cited – Brook Street Bureau (UK) Ltd v Dacas CA 5-Mar-2004
The applicant cleaner sought compensation for unfair dismissal. The issue was whether she was an employee of the respondents, of their client where she did her work, or was not an employee at all. She worked for an agency, who sent her out to . .
Cited – Cable and Wireless Plc v Muscat CA 9-Mar-2006
The worker was employed via an employment agency. The contract the company had was with the agency, and the agency had the contract with the worker. The worker claimed an implied contract of employment with the end-user.
Held: The end-user . .
Cited – Autoclenz Ltd v Belcher and Others CA 13-Oct-2009
Car Valeters contracts misdescribed their Duties
The claimants worked cleaning cars for the appellants. They said that as workers they were entitled to holiday pay. The appellant said they were self-employed.
Held: The contract purported to give rights which were not genuine, and the . .
Cited – Autoclenz Ltd v Belcher and Others SC 27-Jul-2011
Car Cleaning nil-hours Contractors were Workers
The company contracted with the claimants to work cleaning cars. The company appealed against a finding that contrary to the explicit provisions of the contracts, they were workers within the Regulations and entitled to holiday pay and associated . .
Cited – Uber Bv and Others v Aslam and Others SC 19-Feb-2021
Smartphone App Contractors did so as Workers
The court was asked whether the employment tribunal was entitled to find that drivers whose work was arranged through Uber’s smartphone application work for Uber under workers’ contracts and so qualify for the national minimum wage, paid annual . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 09 August 2022; Ref: scu.190043

Hartley and Others v King Edward VI College: SC 24 May 2017

The teacher appellants challenged the quantification of deductions from their salaries after engaging in lawful strike days.
Held: The appeal as allowed. The correct approach under section 2 to a case like this, where the contract is an annual contract, is to hold that the salary must be apportioned on a calendar day basis over 365 days, which yields a daily figure of 1/365.
Lord Clarke said: ‘I do not think that the contracts of employment provide expressly or by necessary implication for their salaries to be paid to staff pro rata in respect of divisible obligations to perform work on each day of directed time.’
Section 2 of the Act applied in this case and was not excluded by section 7. As to the questions posed in para 8 above, I would hold that (a) section 2 of the Act applied to this case, (b) that ‘accruing from day to day’ means accruing calendar day by calendar day and (c) that section 7 of the Act has the meaning discussed in paras 38 to 41 above and does not apply on the facts of this case.

Judges:

Lady Hale, Deputy President, Lord Clarke, Lord Wilson, Lord Hughes, Lord Gill

Citations:

[2017] UKSC 39, [2017] 4 All ER 637, [2017] ICR 774, [2017] IRLR 763, [2017] 1 WLR 2110, [2017] ELR 395

Links:

Bailii, Bailii Summary

Statutes:

Apportionment Act 1870

Jurisdiction:

Scotland

Citing:

Cited – Sim v Rotherham Metropolitan Borough Council 1981
The 1870 Act applied where an employee’s contract was terminated in the course of a period at the end of which payment would be made. Scott J said: ‘Mr Goudie submitted that the real question was whether a teacher was entitled to be paid for the . .
Cited – Fassihim, Liddiardrams, International Ltd, Isograph Ltd v Item Software (UK) Ltd CA 30-Sep-2004
The first defendant (F) had been employed by a company involved in a distribution agreement. He had sought to set up a competing arrangement whilst a director of the claimant, and diverted a contract to his new company.
Held: A company . .
Appeal from – Hartley and Others v King Edward VI College CA 14-May-2015
The claimant teachers had been involved in a day’s strike action They objected that the employer had deducted 1/260 and not 1/365 of their annual salary.
Held: Section 2 of the 1870 Act did apply to a teacher’s contract, and the employee’s . .
Cited – Miles v Wakefield Metropolitan District Council HL 1987
The claimant was a superintendent registrar of Births Deaths and Marriages. His union instructed him not to conduct weddings on Saturdays. He had been told that if he failed to perform his full range of duties on a Saturday (including marriages), he . .
Cited – Amey v Peter Symonds College QBD 2013
The claimant was a full time teacher at a sixth form college who went on strike. He participated in two days of industrial action. He argued that the College acted unlawfully in deducting 1/260 of his salary rather than 1/365 for each day on strike. . .
Cited – Thames Water Utilities v Reynolds EAT 22-Nov-1995
HH Judge Clark: said this by reference to the expression ‘from day to day’ in section 2: ‘Accordingly the real question is what is meant by the expression ‘from day to day’ in section 2 of the Act. In our view it can only be calendar days and not . .
Cited – Leisure Leagues UK Ltd v Maconnachie EAT 14-Mar-2002
When calculating the entitlement to holiday pay the apportionment had to be made on the number of working days in a year, not on the number of days in a year. The regulations required this interpretation rather than that under the Act. A consequence . .
Cited – Yarrow v Edwards Chartered Accountants EAT 8-Jun-2007
EAT WORKING TIME REGULATIONS
Holiday Pay
Appeal allowed against Chairman’s order dismissing complaint without considering all information supplied by parties (ET Rule 27(6)). Application of working . .
Cited – Cooper and others v The Isle of Wight College QBD 30-Nov-2007
. .
Cited – Tyrrell v Clark 17-Jan-1854
The stat. 4 and 5 Will. 4, c. 22, requires, in order to exclude apportionment, either an express direction that there shall be none, or language so express in the terms of gift that apportionment is clearly impossible consistently with it. Inference . .
Cited – In re Lysaght CA 1898
The testator bequeathed certain shares and declared that they ‘shall carry the interest accruing thereon at my death.’
Held: But for this clause the Apportionment Act would have allowed the residuary legatees to take the benefit of the . .
Lists of cited by and citing cases may be incomplete.

Employment, Education

Updated: 08 August 2022; Ref: scu.584230

Johnson v Coopers Lane Primary School: EAT 1 Dec 2009

EAT RACE DISCRIMINATION
Inferring discrimination
The majority of the Tribunal were correct in rejection of submission that the majority of white employers held stereo-typical view that black people are more likely to have mental health issues.

Citations:

[2009] UKEAT 0248 – 09 – 0112

Links:

Bailii

Jurisdiction:

England and Wales

Employment

Updated: 07 August 2022; Ref: scu.381701

Ministry of Defence v Guellard: EAT 1 Sep 2009

EAT UNFAIR DISMISSAL
Constructive dismissal / Contributory fault / Polkey deduction
JURISDICTIONAL POINTS
2002 Act and pre-action requirements
The Employment Tribunal did not err in assessing the last straw in a series of events leading to a constructive unfair dismissal. It did not err when it refused as a matter of case management on a remedy hearing to allow the admission of evidence which could have been brought when the tribunal decided contribution and Polkey issues. But it wrongly used prediction in assessing (past) contribution and the matter was remitted to the same Employment Tribunal.
It did not err in fixing the uplift at the entry point of 10 per cent, rejecting the Respondent’s argument that it should be ‘modest’.

Judges:

McMullen QC J

Citations:

[2009] UKEAT 0210 – 09 – 0109

Links:

Bailii

Employment

Updated: 07 August 2022; Ref: scu.381629

Pimlico Plumbers Ltd and Another v Smith: SC 13 Jun 2018

The parties disputed whether Mr Smith had been an employee of or worker with the company so as to bring associated rights into play. The contract required the worker to provide an alternate worker to cover if necessary.
Held: The company’s appeal failed. Mr Smith was a worker: ‘there were features of the contract which strongly militated against recognition of Pimlico as a client or customer of Mr Smith. Its tight control over him was reflected in its requirements that he should wear the branded Pimlico uniform; drive its branded van, to which Pimlico applied a tracker; carry its identity card; and closely follow the administrative instructions of its control room. The severe terms as to when and how much it was obliged to pay him, on which it relied, betrayed a grip on his economy inconsistent with his being a truly independent contractor. The contract made references to ‘wages’, ‘gross misconduct’ and ‘dismissal’. Were these terms ill-considered lapses which shed light on its true nature? And then there was a suite of covenants restrictive of his working activities following termination.’
Lord Wilson observed that: ‘The sole test is, of course, the obligation of personal performance: any other so-called test would be an inappropriate usurpation of the sole test. But there are cases, of which the present case is one, in which it is helpful to assess the significance of [the claimant] Mr Smith’s right to substitute another Pimlico operative by reference to whether the dominant feature of the contract remained personal performance on his part.’

Judges:

Lady Hale, President, Lord Wilson, Lord Hughes, Lady Black, Lord Lloyd-Jones

Citations:

[2018] UKSC 29, [2018] ICR 1511, [2018] WLR(D) 357, [2018] IRLR 872, [2018] 4 All ER 641, UKSC 2017/0053

Links:

Bailii, WLRD, Bailii Summary, SC, SC Summary, SC Summary Video

Statutes:

Employment Rights Act 1996, Working Time Regulations 1998

Jurisdiction:

England and Wales

Citing:

At EAT – Pimlico Plumbers Ltd and Another v Smith EAT 21-Nov-2014
EAT Contract of Employment : Whether Established – WORKING TIME REGULATIONS – Worker . .
Appeal frrom (At CA) – Pimlico Plumbers Ltd and Another v Smith CA 10-Feb-2017
The plumbers appealed against a finding that the plumbers it employed were workers and entitled toassociated benefits.
Sir Terence Etherton MR summarised the case law and said: ‘ I would summarise as follows the applicable principles as to the . .
Cited – Express and Echo Publications Limited v Tanton CA 11-Mar-1999
A contract for services, which required the contractor to provide an alternate worker in case of sickness, could not be a contract of employment. Such a clause could not be said to require the services to be provided personally.
Mr Tanton . .
Cited – Clyde and Co LLP and Another v van Winkelhof SC 21-May-2014
Solicitor Firm Member was a Protected Worker
The solicitor appellant had been a member of the firm, a limited liability partnership. She disclosed criminal misbehaviour by a partner in a branch in Africa. On dismissal she sought protection as a whistleblower. This was rejected, it being found . .
Cited – Jivraj v Hashwani SC 27-Jul-2011
The parties had a joint venture agreement which provided that any dispute was to be referred to an arbitrator from the Ismaili community. The claimant said that this method of appointment became void as a discriminatory provision under the 2003 . .
Cited – Ready Mixed Concrete Southeast Ltd v Minister of Pensions and National Insurance QBD 8-Dec-1967
Contracts of service or for services
In three cases appeals were heard against a finding as to whether a worker was entitled to have his employer pay National Insurance contributions on his behalf which would apply if he were an employee. He worked as an ‘owner-driver’
Held: The . .
Cited – Allonby v Accrington and Rossendale College for Education and Employment ECJ 13-Jan-2004
ECJ Principle of equal pay for men and women – Direct effect – Meaning of worker – Self-employed female lecturer undertaking work presumed to be of equal value to that which is undertaken in the same college by . .
Cited – Mirror Group Newspapers v Gunning CA 1985
The claimant sought to have transferred to her, her father’s agency for the wholesale distribution of Sunday newspapers. The claimant alleging sex discrimination after being refused. The company said that she was not an employee within the 1975 Act. . .
Cited – Rock Advertising Ltd v MWB Business Exchange Centres Ltd SC 16-May-2018
The parties disputed whether a contract (licence to occupy an office) had been varied by an oral agreement, where the terms prohibited such.
Held: The ‘no oral variation’ clause applied. Such clauses were in common commercial use and served a . .
Cited – Byrne Brothers (Formwork) Limited v Baird EAT 18-Sep-2001
EAT The Tribunal was asked whether the claimant was a worker within the meaning of the Regulations and so entitled to their protection in receiving holiday pay.
Held: The appropriate classification of a . .
Cited – Percy v Church of Scotland Board of National Mission HL 15-Dec-2005
The claimant appealed after her claim for sex discrimination had failed. She had been dismissed from her position an associate minister of the church. The court had found that it had no jurisdiction, saying that her appointment was not an . .
Cited – Secretary of State for Justice v Windle and Arada CA 12-May-2016
. .
Cited – Halawi v WDFG UK Ltd (T/A World Duty Free) CA 28-Oct-2014
The claimant said that she had been discriminated against on the grounds of her religion. She worked as a beauty consultant at the airport, but through a limited company. Her airside pass had been withdrawn. She now appealed against rejection of her . .
Cited – Cotswold Developments Construction Ltd v Williams EAT 21-Dec-2005
EAT What is meant by ‘mutuality of obligations’ where the claim relies on the Working Time Regulations; whether finding that there was no mutuality of obligations was inconsistent with holding that the Claimant . .
Cited – FNV Kunsten Informatie En Media v Staat der Nederlanden ECJ 11-Sep-2014
ECJ Advocate General’s Opinion – Collective labour agreement – Contracts for professional services – Minimum fees – Competition – Article 101 TFEU – Prevention of social dumping – ‘Albany exception’
A Dutch . .
Cited – James v Redcats (Brands) Ltd EAT 21-Feb-2007
EAT National Minimum Wage
Who is a ‘worker’?
Was the Appellant who worked as a courier for the Appellant company, providing her own vehicle, a worker or home worker within the meaning of ss.54(3) and . .
Cited – The Hospital Medical Group Ltd v Westwood CA 24-Jul-2012
The Hospital Medical Group argued that Dr Westwood was in business on his own account as a doctor, in which he had three customers, the NHS for his services as a general practitioner, the Albany Clinic for whom he did transgender work, and the . .

Cited by:

Cited – Uber Bv and Others v Aslam and Others SC 19-Feb-2021
Smartphone App Contractors did so as Workers
The court was asked whether the employment tribunal was entitled to find that drivers whose work was arranged through Uber’s smartphone application work for Uber under workers’ contracts and so qualify for the national minimum wage, paid annual . .
Cited – Stuart Delivery Ltd v Augustine CA 19-Oct-2021
Obligation to Perfom Work Personally was Critical
This appeal concerns the status of a courier delivering goods by moped. The question on the appeal is whether an employment tribunal was entitled to find that the claimant, Mr Augustine, was a worker within the meaning of section 230(3)(b) of the . .
Cited – Barclays Bank Plc v Various Claimants SC 1-Apr-2020
The Bank had employed a doctor to provide medical assessments as necessary. The doctor had used the opportunities presented to assault sexually many patients. The court was now asked whether the Bank was vicariously liable for the acts of this . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 07 August 2022; Ref: scu.617857

Yarrow v Edwards Chartered Accountants: EAT 8 Jun 2007

EAT WORKING TIME REGULATIONS
Holiday Pay
Appeal allowed against Chairman’s order dismissing complaint without considering all information supplied by parties (ET Rule 27(6)). Application of working year, rather than calendar year computation of a day’s pay for purpose of arrears of pay/holiday pay. Interest on awards made by EAT.

Citations:

[2007] UKEAT 0116 – 07 – 0806

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Approved – Leisure Leagues UK Ltd v Maconnachie EAT 14-Mar-2002
When calculating the entitlement to holiday pay the apportionment had to be made on the number of working days in a year, not on the number of days in a year. The regulations required this interpretation rather than that under the Act. A consequence . .

Cited by:

Cited – Hartley and Others v King Edward VI College SC 24-May-2017
The teacher appellants challenged the quantification of deductions from their salaries after engaging in lawful strike days.
Held: The appeal as allowed. The correct approach under section 2 to a case like this, where the contract is an annual . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 06 August 2022; Ref: scu.258771

Cooper and others v The Isle of Wight College: QBD 30 Nov 2007

Judges:

Blake J

Citations:

[2007] EWHC 2831 (QB), [2008] IRLR 124

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Hartley and Others v King Edward VI College SC 24-May-2017
The teacher appellants challenged the quantification of deductions from their salaries after engaging in lawful strike days.
Held: The appeal as allowed. The correct approach under section 2 to a case like this, where the contract is an annual . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 06 August 2022; Ref: scu.261917

Malik and Another v Bank of Credit and Commerce International Sa: CA 17 Mar 1995

No compensation was payable for a stigma of innocent workers having worked for a fraudulent bank.

Citations:

Times 12-Apr-1995, Independent 17-Mar-1995

Jurisdiction:

England and Wales

Citing:

Appeal from – Malik and Another v Bank of Credit and Commerce International Sa Chd 23-Feb-1994
A stigma arising from an association with a notorious employer gave rise to no cause of action. . .

Cited by:

Appeal from – Malik v Bank of Credit and Commerce International (BCCI); Mahmud v Bank of Credit and Commerce International HL 12-Jun-1997
Allowance of Stigma Damages
The employees claimed damages, saying that the way in which their employer had behaved during their employment had led to continuing losses, ‘stigma damages’ after the termination.
Held: It is an implied term of any contract of employment that . .
Lists of cited by and citing cases may be incomplete.

Employment, Damages

Updated: 06 August 2022; Ref: scu.83349

Aldridge v Telecommunications Plc: EAT 1989

Judges:

Wood P

Citations:

[1989] ICR 790, [1989] UKEAT 99 – 88 – 2609, [1990] IRLR 10

Links:

Bailii

Statutes:

Equal Pay Act 1970

Jurisdiction:

England and Wales

Cited by:

Cited – Middlesbrough Borough Council v Surtees and others EAT 24-Aug-2007
EAT Equal Pay Act – Equal value
When an Independent Expert has been appointed by an Employment Tribunal to report on an equal value question, rule 11(4) of Sched 6 to Employment Tribunal Regulations 2004 . .
Lists of cited by and citing cases may be incomplete.

Employment, Discrimination

Updated: 04 August 2022; Ref: scu.377521

Grant v Kent County Council: CA 9 Dec 2003

Renewed application for permission to appeal.
Held: Remitted

Citations:

[2003] EWCA Civ 1917

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – Grant v Kent County Council EAT 1-May-2003
EAT Unfair Dismissal – Reason for dismissal . .
See Also – Grant v Kent County Council EAT 3-Apr-2000
Interlocutory and preliminary hearing – complaint of unfair dismissal and breach of contract. . .
See Also – Grant v Kent County Council EAT 11-May-2001
Preliminary hearing. . .
See Also – Grant v Kent County Council EAT 18-Feb-2002
EAT Contract of Employment – Breach of Contract . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 03 August 2022; Ref: scu.201580

Commission v France (Freedom To Provide Services): ECJ 16 Jul 2009

Europa Freedom to provide services – Freedom of movement for persons – Freedom of establishment – Recognition of professional qualifications – Snowboard instructors – Directive 92/51/EEC – Partial access to a profession.

Citations:

C-200/08, [2009] EUECJ C-200/08 – O

Links:

Bailii

Statutes:

Directive 92/51/EEC

Jurisdiction:

European

Employment

Updated: 03 August 2022; Ref: scu.374261

Generale Bank Nederland Nv (Formerly Credit Lyonnais Bank Nederland Nv) v Export Credits Guarantee Department: HL 19 Feb 1999

The wrong of the servant or agent for which the master or principal is liable is one committed in the case of a servant in the course of his employment, and in the case of an agent in the course of his authority. It is fundamental to the whole approach to vicarious liability that an employer or principal should not be liable for acts of the servant or agent which are not performed within this limitation. The case asks whether, in a joint tort, it is sufficient to make the master liable if the acts of his servant for which he is responsible, do not in themselves amount to a tort but only amount to a tort when linked to other acts which were not performed in the course of the employee’s employment. An employer’s responsibility for his employees acts does not extend to acts which were of themselves within his employment but lawful even if those acts were associated with the unlawful acts of a third party.

Judges:

Lord Slynn of Hadley, Lord Woolf, Lord Steyn, Lord Clyde, Lord Millett

Citations:

Gazette 10-Mar-1999, Times 19-Feb-1999, [1999] UKHL 9, [2000] 1 AC 486, [1999] 1 All ER 929, [1999] 2 WLR 540

Links:

House of Lords, Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – Generale Bank Nederland Nv (Formerly Credit Lyonnais Bank Nederland Nv) v Export Credit Guarantee Department CA 23-Jul-1997
The bank claimed that it had been defrauded, and that since an employee of the defendant had taken part in the fraud the defendant was had vicarious liability for his participation even though they knew nothing of it.
Held: Where A becomes . .
Cited – Lloyd v Grace, Smith and Co HL 1912
Mrs Lloyd delivered the title deeds of her cottages at Ellesmere Port to the solicitors’ managing clerk, who defrauded her.
Held: Vicarious liability can extend to fraudulent acts or omissions if those were carried out in the course of the . .
Cited – Lumley v Gye 1853
Inducing breach of contract is a Tort
An opera singer (Miss Wagner) and the defendant theatre owner were joint wrongdoers. They had a common design that the opera singer should break her contract with the plaintiff theatre owner, refuse to sing in the plaintiff’s theatre and instead . .
Cited – McGowan and Co v Dyer 1873
Story on Agency states the general rule that the principal is liable to third persons in a civil suit ‘for the frauds, deceits, concealments, misrepresentations, torts, negligences, and other malfeasances or misfeasances, and omissions of duty of . .
Cited – Lloyd v Grace, Smith and Co HL 1912
Mrs Lloyd delivered the title deeds of her cottages at Ellesmere Port to the solicitors’ managing clerk, who defrauded her.
Held: Vicarious liability can extend to fraudulent acts or omissions if those were carried out in the course of the . .
Cited – Smith v Pywell 29-Apr-1959
There is no separate tort of procuring a third person to commit a tort, but the procurer was a joint tortfeasor with the person who actually committed it. . .
Cited – John Hudson v Oaten CA 19-Jun-1980
The plaintiff sought to avoid the 1828 Act (Lord Tenterden’s Act). Lakeview, had agreed to buy a substantial quantity of oil from them but was never in a position to do so. The plaintiffs sought their loss from the defendant, Mr. Oaten, and not . .
Cited – The Koursk CA 1924
The navigators of two ships had committed two separate torts or one tort in which they were both tortfeasors.
Held: Three situations were identified where A might be jointly liable with B for B’s tortious act. Where A was master and B servant; . .
Cited – Amstrad Consumer Electronics Plc v British Phonographic Industry Limited CA 29-Oct-1985
Amstrad sought a declaration that their retailing of equipment with two cassette decks was not unlawful. A declaration was not granted because Amstrad might be guilty of a criminal offence. However in the absence of any evidence that Amstrad was . .
Cited – CBS Songs Ltd v Amstrad Consumer Electronics Plc HL 12-May-1988
The plaintiffs as representatives sought to restrain Amstrad selling equipment with two cassette decks without taking precautions which would reasonably ensure that their copyrights would not be infringed by its users.
Held: Amstrad could only . .

Cited by:

Cited – Dubai Aluminium Company Limited v Salaam and Others HL 5-Dec-2002
Partners Liable for Dishonest Act of Solicitor
A solicitor had been alleged to have acted dishonestly, having assisted in a fraudulent breach of trust by drafting certain documents. Contributions to the damages were sought from his partners.
Held: The acts complained of were so close to . .
Lists of cited by and citing cases may be incomplete.

Vicarious Liability, Employment, Torts – Other

Updated: 28 July 2022; Ref: scu.80794

Knowles and Another v Fire Brigades Union: CA 15 Aug 1996

A union’s opposition to having full time ‘retained officers’, and requiring members not to sign new contract was not ‘other industrial action’ and fell short of industrial action.

Citations:

Gazette 18-Sep-1996, Times 15-Aug-1996

Statutes:

Trade Union and Labour Relations (Consolidation) Act 1992 65

Jurisdiction:

England and Wales

Citing:

Appeal from – Fire Brigade Union v Knowles and Another EAT 8-Dec-1995
. .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 25 July 2022; Ref: scu.82821

Curley v Police Service Of Northern Ireland: CANI 18 Feb 2009

Citations:

[2009] NICA 8

Links:

Bailii

Jurisdiction:

Northern Ireland

Citing:

see also – Curley v Chief Constable of the Police Service of Northern Ireland and Another FENI 5-Nov-2004
. .
see also – Curley v Chief Constable and others FENI 29-Jan-2007
. .
see also – Curley v Police Service of Northern Ireland FENI 14-Apr-2008
. .
see also – Curley v Chief Constable of the Police Service of Northern Ireland FENI 30-Jun-2008
. .
see also – Curley v Chief Constable of the Police Service of Northern Ireland FENI 28-Oct-2008
. .
see also – Curley v Chief Constable of the Police Service of Northern Ireland FENI 17-Nov-2008
. .
see also – Curley v Chief Constable of the Police Service of Northern Ireland FENI 17-Nov-2008
. .

Cited by:

See also – Curley v Chief Constable Of the Police Of Northern Ireland FENI 9-Jun-2009
. .
See Also – Curley v Chief Constable of The Police Service of Northern Ireland FENI 15-Sep-2009
. .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 25 July 2022; Ref: scu.343907

Highland Council v TGWU/Unison and Others: EAT 7 Dec 2007

EAT Equal Pay Act – Out of time
Equal pay claims and statutory grievance procedures. Whether claimants prevented by section 32(2) of the Employment Act 2002 from presenting complaints specifying different comparators from those (if any) specified in grievances. EAT held that Tribunals required to carry out a qualitative assessment to see if comparators in ETI were materially different from comparators in grievances.

Citations:

[2007] UKEAT 0020 – 07 – 0712

Links:

Bailii

Statutes:

Employment Act 2002 32(2)

Citing:

Cited – Shergold v Fieldway Medical Centre EAT 5-Dec-2005
The claimant had submitted a grievance complaining in general terms of the way in which she had been treated by a manager. She did not, however, refer to a particular incident relied on in her pleading as one of the two ‘last straw’ incidents that . .
Lists of cited by and citing cases may be incomplete.

Employment, Discrimination

Updated: 24 July 2022; Ref: scu.342117

Visciano v Istituto nazionale della previdenza soziale: ECJ 2 Apr 2009

ECJ Social policy Approximation of laws Protection of employees in the event of employer insolvency – Directive 80/987 / EEC Obligation to pay claims arising from an employment relationship within the limit of a ceiling legal nature of the claims employed person in respect of the guarantee institution limitation periods general Principles of law Principles of equivalence and effectiveness of equality principle

Citations:

C-69/08, [2009] EUECJ C-69/08

Links:

Bailii

Statutes:

Directive 80/987/EEC

Cited by:

Opinion – Visciano v Istituto nazionale della previdenza soziale ECJ 16-Jul-2009
ECJ Social policy Protection of workers Insolvency of employer Directive 80/987/EEC Obligation to pay all outstanding claims up to a pre-established ceiling Nature of an employee’s claims against a guarantee . .
Lists of cited by and citing cases may be incomplete.

European, Employment, Insolvency

Updated: 24 July 2022; Ref: scu.342052

Waltons and Morse v Dorrington: EAT 19 May 1997

The employee had complained of her working conditions, particularly at having to work in an environment polluted by others smoking.
Held: The correct term to be implied into her contract of employment to deal with the complaint in this case, is that the employer will provide and monitor for his employees, so far as is reasonably practicable, a working environment which is reasonably suitable for the performance by them of their contractual duties.

Judges:

Morison P J

Citations:

[1997] UKEAT 69 – 97 – 1905

Links:

Bailii

Statutes:

Employment Rights Act 1996 95

Jurisdiction:

England and Wales

Citing:

Cited – W A Goold (Pearmak) Ltd v McConnell and Another EAT 28-Apr-1995
It is an implied term in a contract of employment that employers should reasonably and promptly afford employees a reasonable opportunity to obtain redress of any grievance. Morison J said: ‘It is clear therefore that Parliament considered that good . .
Cited – W E Cox Toner (International) Ltd v Crook EAT 1981
In a case of constructive dismissal, the ordinary contractual rule applies; the wronged party may give the other party an opportunity to remedy the breach. In doing so he does not waive the breach and thereby affirm the contract.
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 24 July 2022; Ref: scu.207510

In Re A Company (No 008174 of 1999): ChD 2 Nov 1999

Where a school made teachers redundant because of insolvency, and gave notice to teachers to the end of the summer term, that was to include the summer holidays, and the pay until the end of the holidays was properly claimable against the school, and if necessary against the Secretary of State. The holiday related to the preceding term and the contract made it payable.

Citations:

Times 02-Nov-1999

Statutes:

Insolvency Act 1986 19(6)

Jurisdiction:

England and Wales

Employment, Insolvency

Updated: 24 July 2022; Ref: scu.81643

Blackford Farms Ltd v Mulqueeney: EAT 29 Oct 2008

EAT PRACTICE AND PROCEDURE: Perversity
CONTRACT OF EMPLOYMENT: Implied term/variation/construction of term
Head Gamekeeper dismissed in circumstances where Tribunal found that true reason for dismissal was that employers wanted to get rid of him because he had claimed a bonus and raised a grievance about it. The Tribunal found that the claimant had contributed to his dismissal on account of misconduct in remaining in a cottage on the estate, drinking with friends and subordinates, after the ‘guns’ had departed, consuming his employers’ alcohol in so doing. The basic and compensatory awards were, accordingly, to be reduced by 20%. Issues raised on appeal were (1) whether the employee was contractually entitled to a bonus; and (2) whether the Tribunal had erred in providing for only a 20% reduction. The EAT held that the Tribunal had erred in both respects. They were not entitled, on the findings in fact, to conclude that there was a contractual right to bonus. As regards the 20% reduction, the Tribunal had erred in concluding that the employee would not have been dismissed in respect of the misconduct alone; there was no basis in their findings on which they could properly so conclude. The EAT accordingly set aside the 20% finding. Further, there being sufficient findings for the EAT properly to reach a view on the matter, it ordered that there should be a 50% reduction.

Judges:

The Honourable Lady Smith

Citations:

[2008] UKEAT 0032 – 08 – 2910

Links:

Bailii

Citing:

See Also – Blackford Farms Ltd v Mulqueeney EAT 4-Apr-2007
EAT National Minimum Wage – Contract of Employment – Damages for breach of contract
Following a Pre Hearing Review, an Employment Tribunal held that the Claimant’s claim was not time-barred. It had been . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 23 July 2022; Ref: scu.317875

Train v DTE Business Advisory Services Ltd and Associated Co (T/A DTE Chartered Accountants) and others: EAT 6 Jan 2009

EAT JURISDICTIONAL POINTS: Worker, employee or neither
Whether an accountant was a partner or employee in circumstances where a former partnership traded through limited companies under the terms of a Shareholders Agreement, itself said not to constitute a partnership.
On the particular facts the Employment Tribunal were entitled to find that he was a partner and not an employee. Thus his Age Discrimination claim could proceed (see reg. 17 Employment Equality (Age) Regulations 2006) but not that of Unfair Dismissal.

Citations:

[2009] UKEAT 0201 – 08 – 0601

Links:

Bailii

Employment

Updated: 23 July 2022; Ref: scu.304518

Sheffield City Council v Crosby and others: EAT 17 Feb 2009

EAT EQUAL PAY ACT: Material factor defence and justification
GMF defence- whether objective justification required from employer. ET distinguished permissibly between 2 groups of (predominantly female) workers, finding that in relation to one group the defence was made out and in relation to the other it was not.
Both findings permissible and upheld. No error of law. Surtees [2008] IRLR 776 (CA) and earlier cases considered.
Appeals dismissed.

Citations:

[2009] UKEAT 0303 – 08 – 1702

Links:

Bailii

Citing:

Cited – Middlesbrough Borough Council v Surtees and others EAT 24-Aug-2007
EAT Equal Pay Act – Equal value
When an Independent Expert has been appointed by an Employment Tribunal to report on an equal value question, rule 11(4) of Sched 6 to Employment Tribunal Regulations 2004 . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 23 July 2022; Ref: scu.304525

Dietmar Klarenberg v Ferrotron Technologies GmbH: ECJ 12 Feb 2009

EJ (Approximation Of Laws) Social policy – Directive 2001/23/EC – Transfer of undertakings – Safeguarding of employees’ rights – Concept of ‘transfer’ – Legal transfer of a part of a business to another undertaking – Organisational autonomy following the transfer.

Citations:

C-466/07, [2009] EUECJ C-466/07

Links:

Bailii

Jurisdiction:

European

Employment

Updated: 23 July 2022; Ref: scu.286163

Maschek v Magistratsdirektion der Stadt Wien – Personalstelle Wiener Stadtwerke: ECJ 20 Jul 2016

ECJ (Judgment) Reference for a preliminary ruling – Social policy – Directive 2003/88/EC – Article 7 – Right to paid annual – Retirement at the request of the party concerned – Worker failing to use up all his entitlement to annual paid leave before the termination of his work relations – National legislation excluding allowance in lieu of paid annual leave not taken – Sick leave – Public servants

Citations:

ECLI:EU:C:2016:576, [2016] EUECJ C-341/15

Links:

Bailii

Statutes:

Directive 2003/88/EC 7

Jurisdiction:

European

Employment

Updated: 21 July 2022; Ref: scu.567413

Ross T Smythe and Co v Bailey and Sons: HL 1940

Lord Wright said that repudiation of a contract is a serious matter not to be lightly found or inferred.
A party who intended to fulfil a contract but only in a manner substantially inconsistent with his obligations and not in any other way would have repudiated the contract

Judges:

Lord Wright

Citations:

[1940] 3 All ER 60, (1940) 56 TLR 825

Jurisdiction:

England and Wales

Cited by:

Cited – Mason v Huddersfield Giants Ltd QBD 15-Jul-2013
The claimant rugby league player complained of his dismissal under a clause allowing such for behaviour which might bring the club into disrepute. He had engaged in a celebratory evening out involving a naked run. . .
Lists of cited by and citing cases may be incomplete.

Employment, Contract

Updated: 21 July 2022; Ref: scu.560125

Morton v William Dixon Ltd: IHCS 19 Mar 1909

Lord President Dunedin set out the liability of an employer: ‘Where the negligence of the employer consists of what I may call a fault of omission, I think it is absolutely necessary that the proof of that fault of omission should be one of two kinds, either – to shew that the thing which he did not do was a thing which was commonly done by other persons in like circumstances, or – to shew that it was a thing which was so obviously wanted that it would be folly in anyone to neglect to provide it.’Caparo Industries

Judges:

Lord President Dunedin

Citations:

[1909] ScotCS CSIH – 5

Links:

Bailii

Jurisdiction:

Scotland

Cited by:

Cited – Kennedy v Cordia (Services) Llp SC 10-Feb-2016
The appellant care worker fell in snow when visiting the respondent’s client at home. At issue was the admission and status of expert or skilled evidence.
Held: Mrs Kennedy’s appeal succeeded. ‘There are in our view four considerations which . .
Lists of cited by and citing cases may be incomplete.

Negligence, Employment

Updated: 21 July 2022; Ref: scu.279292

Clark v Clark Construction Initiatives Ltd and Another: CA 17 Dec 2008

Judges:

Sedley LJ, Arden LJ, Moore-Bick LJ

Citations:

[2008] EWCA Civ 1446

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Sher and Others v Chief Constable of Greater Manchester Police and Others Admn 21-Jul-2010
The claimants, Pakistani students in the UK on student visas, had been arrested and held by the defendants under the 2000 Act before being released 13 days later without charge. They were at first held incognito. They said that their arrest and . .
Lists of cited by and citing cases may be incomplete.

Employment, Torts – Other

Updated: 21 July 2022; Ref: scu.278818

Autoclenz v Belcher and others: CA 29 Sep 2008

Leave granted to appeal.

Judges:

Pill, Moses LJJ

Citations:

[2008] EWCA Civ 1172

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – Autoclenz Ltd v Belcher and others EAT 4-Jun-2008
EAT JURISDICTIONAL POINTS: Worker, employee or neither
Whether Claimants were (a) employees or (b) limb (b) workers. Answer no and yes. Appeal allowed in part. . .

Cited by:

Leave – Autoclenz Ltd v Belcher and Others CA 13-Oct-2009
Car Valeters contracts misdescribed their Duties
The claimants worked cleaning cars for the appellants. They said that as workers they were entitled to holiday pay. The appellant said they were self-employed.
Held: The contract purported to give rights which were not genuine, and the . .
Leave for CA – Autoclenz Ltd v Belcher and Others SC 27-Jul-2011
Car Cleaning nil-hours Contractors were Workers
The company contracted with the claimants to work cleaning cars. The company appealed against a finding that contrary to the explicit provisions of the contracts, they were workers within the Regulations and entitled to holiday pay and associated . .
Lists of cited by and citing cases may be incomplete.

Contract, Employment

Updated: 19 July 2022; Ref: scu.277277

Ramsay and others v Bowercross Construction Ltd and Another: EAT 14 Aug 2008

EAT PRACTICE AND PROCEDURE: Costs
Costs – whether a party can recover by way of costs counsel’s fees (yes) and those of a non legally qualified adviser, as defined in s.71 CandLSA 1990 (no). Employment Tribunal Rules 38, 40-42 considered.
Whether VAT recoverable by way of costs; point not taken below (Kumchyk).
Whether claim misconceived and if so when that ought to have been appreciated by paying party (McPherson v BNP Paribas).

Citations:

[2008] UKEAT 0534 – 07 – 1408

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Kumchyk v Derby County Council EAT 1978
The appellant sought to advance an argument that a certain term was implied into the contract of employment which, for its consideration, would have required consideration of a factual framework which had not been explored in evidence.
Held: . .
Cited – Mcpherson v BNP Paribas (London Branch) SCCO 13-Jun-2004
. .
Lists of cited by and citing cases may be incomplete.

Employment, Costs

Updated: 19 July 2022; Ref: scu.272562

In Re Maxwell Fleet and Facilities Management Ltd: ChD 10 Feb 2000

Although regulation 4 went beyond the obligations imposed by the Directive, it was intended to protect employee rights who were employed by companies which were hived down. In this case the sale of the business to a subsidiary and then onto a third party was to be treated as one transaction, and the regulations applied.

Citations:

Gazette 10-Feb-2000, Times 23-Feb-2000

Statutes:

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

Jurisdiction:

England and Wales

Insolvency, Employment, Company

Updated: 19 July 2022; Ref: scu.82050

Regina v The Chief Constable of the British Transport Police ex parte Farmer: QBD 23 Sep 1998

A probationer constable had assisted a colleague in cheating in an examination. It was wrong to dismiss him summarily because it was a disciplinary offence and had to be treated as such and the correct procedure followed.

Citations:

Gazette 23-Sep-1998

Jurisdiction:

England and Wales

Employment

Updated: 18 July 2022; Ref: scu.88171

Roberts v Skelmersdale College: CA 20 Jun 2003

Judges:

Mummery, Jonathan Parker, Scott Baker LJJ

Citations:

[2003] EWCA Civ 954, [2003] ICR 1127, [2004] IRLR 69

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – Roberts v Skelmersdale College EAT 25-Sep-2002
EAT Procedural Issues – Employment Tribunal . .
First EAT – Roberts v Skelmersdale College EAT 22-Apr-2002
. .

Cited by:

Cited – P v West Dorset General Hospital NHS Trust EAT 9-Jun-2004
EAT Practice and Procedure – Postponement or stay – Application for stay of ET proceedings pending GMC professional misconduct hearing refused. No error of law; if so; stay appropriate. . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 18 July 2022; Ref: scu.271059

Consistent Group Ltd v Kalwak and Another: CA 18 Sep 2007

Renewed application for permission to appeal.

Citations:

[2008] EWCA Civ 1553

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – Consistent Group Ltd v Kalwak and others EAT 18-May-2007
EAT CONTRACT OF EMPLOYMENT – Definition of employee
Employment tribunal concluded in the particular circumstances of the case that an agency supplying workers to a third party had entered into contracts of . .

Cited by:

Application for leave – Consistent Group Ltd v Kalwak and others CA 29-Apr-2008
The court was asked whether the claimants were either employees or workers of the company. They had been engaged to wash cars under nil-hours contracts. . .
Not preferred – Autoclenz Ltd v Belcher and Others SC 27-Jul-2011
Car Cleaning nil-hours Contractors were Workers
The company contracted with the claimants to work cleaning cars. The company appealed against a finding that contrary to the explicit provisions of the contracts, they were workers within the Regulations and entitled to holiday pay and associated . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 17 July 2022; Ref: scu.270408

Burrow Down Support Services Ltd v Rossiter: EAT 25 Jun 2008

EAT NATIONAL MINIMUM WAGE
The Employment Tribunal held that an employee who worked as a night watchman and could sleep for much of his shift on facilities provided for that purpose was entitled to the national minimum wage for each hour of the shift. In so doing they followed the authorities of British Nursing Association v Inland Revenue [2002] IRLR 480 (CA), and Scottbridge Construction Ltd v Wright [2003] IRLR 21 (Inner House of the Court of Session). The employers contended that these cases were based on the un-amended version of regulation 15 of the National Minimum Wage Regulations 1999 and that the amended version, applicable in this case, fundamentally altered the law.
The EAT rejected this argument and dismissed the appeal. It also dismissed a cross appeal by the employee.

Citations:

[2008] UKEAT 0592 – 07 – 2506

Links:

Bailii

Employment

Updated: 17 July 2022; Ref: scu.270389

Rule 3, Application-Only v London Underground Ltd: EAT 9 May 2008

EAT PRACTICE AND PROCEDURE – Case Management – Appellate jurisdiction
This is an appeal on a matter of case management and discretion when an Employment Tribunal refused to admit a document which was inconsistent with the Appellant’s case (an unappealed finding), 13 days into a trial when a representative appeared for a day to make the application. No error of law by the Employment Tribunal, so fully conversant with the evidence and issues and of the fact of the Claimant’s earlier self-representation, in its case management of this application. Permission to appeal to the CA refused on the exacting grounds for interim appeals in the CPR: Ezsias applied.

Citations:

[2008] UKEAT 0311 – 08 – 0905

Links:

Bailii

Jurisdiction:

England and Wales

Employment

Updated: 17 July 2022; Ref: scu.270228

Rawson v Doncaster NHS Primary Care Trust: EAT 11 Apr 2008

EAT Practice and Procedure – Amendment
Amendment to add new DDA cause of action after primary limitation period had expired. Need to consider whether just and equitable to extend time. (Selkent)

Citations:

[2008] UKEAT 0022 – 08 – 1104

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Transport and General Workers Union v Safeway Stores Ltd EAT 23-Mar-2007
EAT Practice and Procedure – Amendment

Safeway closed a depot, leading to a large number of redundancies. The Union alleged that consultation was inadequate. Proceedings were initially commenced claiming only . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 17 July 2022; Ref: scu.269768

Hope v Jordan Engineering Ltd: EAT 1 May 2008

EAT Unfair dismissal – Compensation – Polkey deduction – Automatically unfair dismissal; section 98A(1) ERA. Application of Polkey deduction to whole of compensatory award. 100 per cent deduction; therefore no uplift under section 31(3) EA 2002.

Citations:

[2008] UKEAT 0545 – 07 – 0105

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – SH Muffett Ltd v Head EAT 1986
The Tribunal was asked to award damages for the loss of statutory protection and also loss of notice period, ‘what is generally referred to as the ‘loss of the right to long notice’ or, more particularly, it is the loss of a right in the event of . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 17 July 2022; Ref: scu.269772

Hutchison 3G UK Ltd v Francois: EAT 14 Apr 2008

EAT PRACTICE AND PROCEDURE:
Estoppel or abuse of process
Review
The Respondent sent an application to the Employment Tribunal which rejected it as being incomplete. The Respondent then launched a second application out of time. She also applied for a review of the rejection of the first application. One of the questions on the determination of the issue whether an extension of time should be granted for the second application was whether particulars had been attached to the first application so that it was in fact complete. The Chairman dealing with the application held they had not and refused to extend time. On the subsequent hearing of the applications to review the rejection of the first application another Chairman held on written representations that from his experience the particulars might have been lost by the Employment Tribunal and ruled that the first application had therefore been rejected by administrative error and allowed the review. He rejected the Appellant’s submission that the Respondent was estopped by the decision of the first Chairman from asserting that the particulars had been sent with the first application and lost.
Held: He was wrong to do so.

Citations:

[2008] UKEAT 0078 – 08 – 1404

Links:

Bailii

Jurisdiction:

England and Wales

Employment

Updated: 17 July 2022; Ref: scu.269766

Glaxosmithkline, Laboratoires Glaxosmithkline v Jean-Pierre Rouard (Area of Freedom, Security and Justice): ECJ 22 May 2008

ECJ Regulation (EC) No 44/2001 Section 5 of Chapter II Jurisdiction over individual contracts of employment Section 2 of Chapter II Special jurisdiction Article 6, point 1 More than one defendant).

Citations:

C-462/06, [2008] EUECJ C-462/06

Links:

Bailii

Statutes:

Regulation (EC) No 44/2001

European, Employment

Updated: 15 July 2022; Ref: scu.268814

Neufeld v A and N Communications In Print Ltd and Another: EAT 11 Apr 2008

EAT Jurisdictional Points – Worker, employee or neither
The Employment Judge erred in holding that the Claimant was not an employee when he was a 90% majority shareholder yet had a contract of employment as a salesman which was not a sham, and the parties conducted themselves in accordance with the contract. Applying the subsequently decided judgments in Nesbitt and Clark, the correct analysis of the relationship was that the Claimant was an employee for the purposes of the insolvency provisions of the Employment Rights Act 1996.

Citations:

[2008] UKEAT 0177 – 07 – 1104

Links:

Bailii

Jurisdiction:

England and Wales

Employment

Updated: 14 July 2022; Ref: scu.266632

Redcar and Cleveland Borough Council v Bainbridge and others: EAT 15 Nov 2006

Citations:

[2006] UKEAT 0135 – 06 – 1511

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Redcar and Cleveland Borough Council v Bainbridge and others EAT 16-Oct-2006
EAT Equal pay in the North East. Women whose jobs had been rated as equivalent with comparator men (and in some cases had been rated higher) were paid less because of the effect of bonuses and other extra . .

Cited by:

Cited – Bainbridge and others, Redcar and Cleveland Borough Council v Redcar and Cleveland Borough Council, Williams and others EAT 31-Jan-2007
EAT Practice and Procedure – Compromise. . .
See Also – Bainbridge and others v Redcar and Cleveland Borough Council EAT 23-Mar-2007
EAT Practice and Procedure – Compromise
Equal Pay Act – Work rated equivalent; Damages/Compensation
This case raises three issues, two of which are of particular significance in the field of equal . .
See Also – Redcar and Cleveland Borough Council v Bainbridge and others CA 21-Sep-2007
The council appealed against a finding of discrimination under the 1970 Act, saying it was impermissible to use as a comparator somebody found after a job evaluation study to be of a different, but lower grade, but with higher pay.
Held: The . .
See Also – Redcar and Cleveland Borough Council v Bainbridge and others (‘Bainbridge 1’) CA 29-Jul-2008
Pay protection provisions are commonly adopted, and provided any differential in pay does not continue for too long, they may justify what would otherwise be unlawful indirect discrimination. . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 14 July 2022; Ref: scu.266665

Ward v The University of Essex: EAT 3 Dec 2007

EAT Jurisdictional Points – 2002 Act and pre-action requirements
Statutory Discipline and Grievance Procedures – Whether infringed
Practice and Procedure – Compromise
The Employment Judge wrongly held that two letters written by the Claimant did not constitute a grievance corresponding to the claim made to the ET. The judgment was set aside as there was clear linkage and the Employment Judge had wrongly considered, as context, material after the letter – an invalid compromise – as being fatal to the Claimant’s continuing intention to pursue a grievance. The focus is on what was written and the material available before and at that time so as to put the employer on notice that a grievance was presented. An offer to settle in a Step 1 grievance does not invalidate it. ACAS conciliation directed.

Citations:

[2007] UKEAT 0391 – 07 – 0312

Links:

Bailii

Citing:

Cited – Shergold v Fieldway Medical Centre EAT 5-Dec-2005
The claimant had submitted a grievance complaining in general terms of the way in which she had been treated by a manager. She did not, however, refer to a particular incident relied on in her pleading as one of the two ‘last straw’ incidents that . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 14 July 2022; Ref: scu.266657

Unison GMB v Brennan and others: EAT 19 Mar 2008

EAT Jurisdictional Points
Sex discrimination
Can an employment tribunal make a declaration that the term of a collective agreement is void, pursuant to section 77 of the Sex Discrimination Act, at the behest of a claimant who can bring proceedings under the Equal Pay Act for breach of the equality clause, where if the claim succeeds, it necessarily involves a finding that the term was unlawfully discriminatory? The EAT held that they can.

Citations:

[2008] UKEAT 0580 – 07 – 1903, [2008] ICR 955, [2008] IRLR 492

Links:

Bailii

Statutes:

Sex Discrimination Act 1975 77

Jurisdiction:

England and Wales

Cited by:

Cited – Brennan and others v Sunderland City Council Unison GMB EAT 16-Dec-2008
No Waiver for disclosure of Advice
EAT PRACTICE AND PROCEDURE: Admissibility of evidence
The claimant sought disclosure of certain legal advice on the basis that its effect, and a summary of its contents, had been put before the court and . .
Lists of cited by and citing cases may be incomplete.

Employment, Discrimination

Updated: 14 July 2022; Ref: scu.266415

Akinbile v South London Family Housing Association: EAT 20 Nov 2000

EAT Unfair Dismissal – Reason for dismissal including substantial other reason.

Judges:

Mr Recorder Burke QC

Citations:

EAT/36/00, [2000] UKEAT 36 – 00 – 2011

Links:

EAT, Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Akinbile v South London Family Housing Association EAT 23-Sep-1999
. .
Leave – Akinbele v South London Family Housing Association EAT 19-Feb-1999
Appeal on basis that ET decision was perverse.
Held: Leave given . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 13 July 2022; Ref: scu.265616

Wheeler and Another v Durham County Council: EAT 30 Nov 2000

Citations:

[2000] UKEAT 839 – 99 – 3011

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Wheeler and Another v Durham County Council EAT 17-Feb-2000
. .

Cited by:

Appeal from – Wheeler and Another v Durham County Council CA 23-May-2001
. .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 13 July 2022; Ref: scu.265796

Donnelan and others v Britton Taco Ltd: EAT 29 Nov 2000

Citations:

[2000] UKEAT 1058 – 00 – 2911

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

See Also – Donnelan and others v Britton Taco Ltd EAT 8-Oct-2002
EAT Transfer of Undertakings – Dismissal
EAT Transfer of Undertakings – Dismissal. . .
See Also – Donnelan and others v Britton Taco Ltd EAT 10-Dec-2002
EAT Redundancy – Collective Consultation and Information . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 13 July 2022; Ref: scu.265663

Pendragon Plc (T/A Grantham Ford) v Bryant: EAT 9 Nov 2000

Citations:

[2000] UKEAT 1098 – 00 – 0911

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

s=See Also – Pendragon Plc T/A Grantham Ford v Bryant EAT 12-Mar-2001
EAT Unlawful Deduction from Wages –
EAT Unlawful Deduction from Wages – (no sub-topic). . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 13 July 2022; Ref: scu.265759

Caredda v London Goodenough Trust for Overseas Graduates: EAT 30 Oct 2000

EAT Unfair Dismissal – Procedural fairness/automatically unfair dismissal.

Judges:

His Hon Judge Pugsley

Citations:

EAT/843/00, [2000] UKEAT 843 – 00 – 3010

Links:

EAT, Bailii

Jurisdiction:

England and Wales

Cited by:

See Also – Caredda v London Goodenough Trust for Overseas Graduates EAT 16-Jan-2002
EAT Unfair Dismissal – Procedural fairness/automatically unfair dismissal. . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 13 July 2022; Ref: scu.265495