Tag: Employment

Ormsby v the West of England Shipowners Insurance: EAT 8 Nov 1995

Citations:

[1995] UKEAT 1156 – 94 – 0811

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Regina v British Coal Corporation, Ex Parte Price and Others QBD 28-May-1993
British Coal had the power to close coal mines once the unions had been consulted. The court gave guidance on the extent of consultation necessary.
Held: Fair consultation will involve consultation while consultations are at a formative stage; . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 18 June 2022; Ref: scu.209522

Caruana v Manchester Airport Plc: EAT 14 Nov 1995

Citations:

[1995] UKEAT 687 – 94 – 1411

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

See Also – Caruana v Manchester Airport Plc EAT 12-Sep-1996
It was sex discrimination for an employer to fail to renew a short term contract because of the pregnancy of the worker. . .
Lists of cited by and citing cases may be incomplete.

Employment, Discrimination

Updated: 18 June 2022; Ref: scu.209465

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 in the Tribunal members holding a meeting in the absence of the parties for the purposes of reaching their decision on evidence and argument already before them.
As to the affect of the receipt of statutory sick pay: ‘In our judgment, the industrial tribunal correctly applied the law in deducting from the estimated loss of earnings the statutory sick pay received by Mr Puglia over the relevant period. The law on this topic was settled by the Appeal Tribunal in Sun and Sand Ltd v Fitzjohn [1979] IRLR 154 . . It was not suggested in this case that Mr Puglia’s contract of employment provided that he would be entitled to his full wages in addition to any statutory sick pay which he received. The industrial tribunal were therefore correct in making a deduction for the statutory sick pay received by Mr Puglia.’

Judges:

Mummery J

Citations:

[1995] UKEAT 777 – 93 – 2410, [1996] ICR 301, [1996] IRLR 70

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – 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. . .
Cited – Sun and Sand Ltd v Fitzjohn 1979
The EAT considered the deduction of sickness benefit from the compensatory award. Arnold J said: ‘The appellants before us say that that amount of sick ness benefit should be deducted from the amount awarded within the compensatory award for the 13 . .
Cited – 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. . .
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 . .

Cited by:

See Also – C James and Sons v Puglia CA 19-Feb-1997
. .
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 . .
Cited – Knapton and others v ECC Card Clothing Ltd EAT 7-Mar-2006
EAT Unfair Dismissal: Compensation
Reversing the Employment Tribunal, in the assessment of compensation for unfair dismissal under Employment Rights Act 1996 section 123, an employee who took early receipt . .
Lists of cited by and citing cases may be incomplete.

Employment, Benefits

Updated: 18 June 2022; Ref: scu.209414

Winter v St Helens Metropolitan Borough Council: EAT 28 Jul 1995

Appeal by Mr Winter against a decision of the Industrial Tribunal. The Tribunal decided that he had not been dismissed and in those circumstances did not have to go on to consider the question as to whether a dismissal had been unfair.

Judges:

Butter QC J

Citations:

[1995] UKEAT 736 – 94 – 2807

Links:

Bailii

Jurisdiction:

England and Wales

Employment

Updated: 18 June 2022; Ref: scu.209287

Duncan Webb Offset (Maidstone) Ltd v Cooper and Another: EAT 15 Jun 1995

A company owned subsidiary companies in the printing industry at Maidstone, Basildon and St Albans. Three employees worked for the group. The Maidstone business was transferred in a transfer to which the 1981 Regulations applied. The three employees who worked for the group were not on the list of those employees who were to be transferred. When they complained an Employment Tribunal found that they spent some of their time working for the undertakings at Basildon and St Albans but 80 per cent of the time, broadly speaking, in each case working for the Maidstone operation.
Held: The appeals failed. The Employment Tribunal had been entitled to conclude that those employees were transferred with the Maidstone operation notwithstanding that some of their duties, no doubt on a somewhat fluctuating basis we might add, were performed for others than Maidstone. Morison J said that it was helpful to consider as a factual situation the following: ‘X has a business in which he employs a number of people. X transfers part of his business to Y. In order to determine which employees were employed by X in the part transferred it is necessary to ask: which of X’s employees were assigned to the part transferred – see Botzen. In Gale [1994] IRLR 292 it was suggested that the question might be asked whether a particular employee was ‘part of the . . human resources’ of the part transferred, which is the same thing put another way. The contracts of employment of those who were so assigned will, unless the employees object, pass over to the transferee, thus giving effect to the purpose of the Regulations and the Acquired Rights Directive, pursuant to which they were made, that an employee should not forfeit his job because of a change in the identity of his employer. . . There will often be difficult questions of fact for Industrial Tribunals to consider when deciding who was ‘assigned’ and who was not. We were invited to give guidance to Industrial Tribunals about such a decision, but decline to do so because the facts will vary so markedly from case to case. In the course of argument a number were suggested, such as the amount of time spent on one part of the business or the other; the amount of value given to each part by the employee; the terms of the contract of employment showing what the employee could be required to do; how the cost to the employer of the employee’s services had been allocated between the different parts of the business. This is, plainly, not an exhaustive list; we are quite prepared to accept that these or some of these matters may well fall for consideration by an Industrial Tribunal which is seeking to determine to which part of his employer’s business the employee had been assigned.’

Judges:

Morrison J

Citations:

[1995] UKEAT 47 – 95 – 1506, [1995] IRLR 633

Links:

Bailii

Statutes:

Transfer of Undertaings (Prorection of Employ,ent) Regulations 1981

Jurisdiction:

England and Wales

Citing:

Applied – Arie Botzen And Others v Rotterdamsche Droogdok Maatschappij Bv ECJ 7-Feb-1985
ECJ Article 3(1) covered the rights and obligations of the transferor arising from a contract of employment or an employment relationship existing on the date of the transfer and entered into with employees who, . .

Cited by:

Cited – Kimberley Group Housing Ltd v Hambley and others (UK) Ltd EAT 25-Apr-2008
EAT TRANSFER OF UNDERTAKINGS
The principles and approach which a Tribunal should take where there has been a transfer of one service provider’s activities to two or more transferees, and there is . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 18 June 2022; Ref: scu.209181

Ali v Christian Salvesen Food Services Ltd: EAT 9 Jun 1995

Citations:

[1995] UKEAT 36 – 94 – 0906

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Ali v Christian Salvesen Food Services Ltd EAT 19-Dec-1994
. .

Cited by:

Appeal from – Ali v Christian Salvesen Food Services Limited CA 18-Oct-1996
A collective agreement freely and exhaustively negotiated with a Union was not to have an extra term implied. Waite LJ warned that such agreements should be concise and clear, so as to be readily understood by all who are concerned to operate it . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 18 June 2022; Ref: scu.209166