Tag: Employment

Port of London Authority v Payne and others: EAT 17 Dec 1992

Citations:

[1992] UKEAT 277 – 92 – 1712

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – 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. . .

Cited by:

Appeal from – Payne and others v Port of London Authority EAT 9-Jun-1993
. .
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. . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 19 June 2022; Ref: scu.211198

Darr and Another v LRC Products Ltd: EAT 16 Dec 1992

Citations:

[1992] UKEAT 442 – 90 – 1612

Links:

Bailii

Citing:

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: 19 June 2022; Ref: scu.211188

Clarke v Trimoco Motor Group Ltd and Another: EAT 30 Oct 1992

The claimant had been dismissed for dishonesty.
Held: A grievance procedure is not equivalent to or a substitute for a disciplinary hearing, at which the employee is provided with an opportunity to explain. The two procedures are significantly different in kind. The requirements of natural justice, encompassed the need for the person accused to know the nature of the accusation made, and to be given an opportunity to state his case; and the need for the tribunal to act in good faith.

Judges:

Knox J

Citations:

[1992] UKEAT 584 – 90 – 3010, [1993] IRLR 148

Links:

Bailii

Cited by:

Cited – Bashir and Another v Sheffield Teaching Hospital NHS Foundation Trust EAT 27-May-2010
EAT UNFAIR DISMISSAL
Reason for dismissal including substantial other reason
Procedural fairness/automatically unfair dismissal
The Appellants appealed against the Tribunal’s decision that their . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 19 June 2022; Ref: scu.211092

C James and Sons v Puglia: EAT 15 Jan 1992

The claimant had been made redundant after many years. He had worked for a farming partnership, and there had been recent changes in the partnership constitution.

Judges:

Wood J P

Citations:

[1992] UKEAT 96 – 90 – 1501

Links:

Bailii

Statutes:

Employment Protection (Consolidation) Act 1978

Citing:

Cited – Polkey v A E Dayton Services Limited HL 19-Nov-1987
Mr Polkey was employed as a driver. The company decided to replace four van drivers with two van salesmen and a representative. Mr Polkey and two other van drivers were made redundant. Without warning, he was called in and informed that he had been . .

Cited by:

See Also – 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 . .
See Also – C James and Sons v Puglia CA 19-Feb-1997
. .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 19 June 2022; Ref: scu.210897

Associated Newspapers Ltd v Wilson: EAT 26 Mar 1992

Citations:

[1992] UKEAT 612 – 90 – 2603

Links:

Bailii

Cited by:

See Also – Associated British Ports v Palmer and Others; Associated Newspapers Ltd v Wilson EAT 23-Jul-1992
It was wrongful treatment to give differential pay rises according to whether or not an employee chose to be a member of a trade union. An offer of personal contracts to abandon union membership was not a penalty. . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 19 June 2022; Ref: scu.210934

Swithland Motors Plc v Clarke and others: EAT 14 Jul 1993

There could be no act of discrimination under the Section 6(1)(c) of the 1975 Act in omitting to offer employment until the person allegedly responsible for the omission was in a position to offer such employment.

Judges:

Hull J QC

Citations:

[1993] UKEAT 329 – 92 – 1407, [1994] ICR 231

Links:

Bailii

Statutes:

Sex Discrimination Act 1975 6(1)

Cited by:

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.

Employment, Discrimination

Updated: 19 June 2022; Ref: scu.210720

Duffy v Yeomans and Partners Ltd: EAT 7 Apr 1993

Citations:

[1993] UKEAT 530 – 91 – 0704

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Mentioned – British Labour Pump Co Ltd v Byrne EAT 1979
The respondent had been dismissed for misconduct on the morning of the day on which he was dismissed. There had been previous misbehaviour but the industrial tribunal held that the case had to be determined on the basis of what had happened on that . .

Cited by:

Cited – Warner v Adnet Limited CA 26-Feb-1998
A dismissal of employees by administrative receivers just before the sale of a company as going concern was a redundancy outside the protection given by the TUPE provisions. ‘in view of the facts found by the tribunal about the appointment of the . .
Appeal from – Duffy v Yeoman and Partners Ltd CA 15-Jul-1994
Redundancy decision without consultation where ‘no difference’ was found, and there was no alternative, was not unfair. . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 19 June 2022; Ref: scu.210553

East Surrey District Health Authority v Paul: EAT 4 May 1993

Judges:

Wood J P

Citations:

[1993] UKEAT 328 – 91 – 0405

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Appeal from – Paul v East Surrey District Health Authority CA 1995
Only in exceptional cases will different treatment of employees of itself amount to an unfairness. . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 19 June 2022; Ref: scu.210585

Bestwide Ltd (T/A Telford Hotel Golf and Country Club) v Butler: EAT 29 Mar 1993

Query as to the date of termination of employment

Judges:

Peppitt QC HHJ

Citations:

[1993] UKEAT 572 – 92 – 2903

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Adams v GKN Sankey Ltd EAT 1980
The employee had been given twelve weeks notice of redundancy dismissal, and was not required to attend work during the notice period, but then worked additional days. A letter was written in November stating ‘you are given 12 weeks’ notice of . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 19 June 2022; Ref: scu.210494

O’Callaghan v Notting Hill Housing Trust: EAT 18 May 1993

Citations:

[1993] UKEAT 516 – 92 – 1805

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

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: 19 June 2022; Ref: scu.210594

Payne and others v Port of London Authority: EAT 9 Jun 1993

Citations:

[1993] UKEAT 40 – 93 – 0906

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – Port of London Authority v Payne and others EAT 17-Dec-1992
. .
See Also – 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. . .

Cited by:

See Also – 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. . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 19 June 2022; Ref: scu.210636

Linbourne v B R Constable (Gatwick Moat House): EAT 9 Feb 1993

The application proceeded against one named respondent. Even though the true identity of the intended defendant was known throughout, no application to substitute the correct defendant was made. An unfair diamissal was found, but not as against the named defendant, the triunal refused an application to substitute the correct defendant and the claim was lost. The employee appealed.
Held: The EAT not only allowed the correct employer to be substituted for the original Respondent, but adopted the Employment Tribunal’s findings on unfairness against the new Respondent, ordering that Respondent to pay compensation to the Applicant. However the new Respondent was given leave to apply for a review of the Employment Appeal Tribunals decision.

Citations:

[1993] UKEAT 338 – 92 – 0902, (1993) ICR 698

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Cocking v Sandhurst (Stationers) Ltd NIRC 1974
The Appellant employee had applied for leave to amend his first application by substituting the name of the parent company. The Tribunal held that the rules of procedure relating to time limits went to their jurisdiction and that the amended . .
Cited – Watts v Seven Kings Motor Co Ltd EAT 1983
The tribunal had made an award against the defendant, but only later was the true identity of the defendant company setled, and they were substituted.
Held: The EAT allowed an amendment to name the firm as Respondent; the Employment Tribunal’s . .

Cited by:

Cited – 1A Centre Community Association Ltd v Gwiazda and others EAT 14-Jul-2000
The claimants alleged an unlawful deduction from their wages, and unfair dismissal. The employer appealed, complaining that the limited company had been added late. . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 19 June 2022; Ref: scu.210461

Kaur v Brose Ltd: EAT 8 Feb 1993

Citations:

[1993] UKEAT 477 – 90 – 0802

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

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: 19 June 2022; Ref: scu.210457