Law reports
The PCS Information Service holds a large number of employment law reports going right back to 1972.
If you want any more information email the information services: info@pcs.org.uk
Latest employment law reports
Allen and ors v GMB, Court of Appeal
Union Discriminated Against Equal Pay Claimants.
Journal: IDS Brief
Additional Information: A trade union was guilty of indirect sex
discrimination in achieving low-level settlements in respect of female
members' equal pay claims against a council. The methods used by the union to persuade the female members to settle their claims were not proportionate means of achieving a legitimate aim.
Document number: 08 8 50
Centrum voor gelijkheid van kansen en voor racismebestrijding v Firma Feryn NV, ECJ.
Discriminatory Statements Amount to Direct Discrimination.
Journal: IDS Brief
Additional Information: A Belgian employer who made a public statement that he would not recruit Moroccans because they would damage his business committed an act of direct discrimination contrary to the EC Race Directive, despite the absence of an identifiable victim. The Court adds that it is open to Member States to decide whether to pass legislation to enable organisations promoting equal treatment to prosecute such cases where no individual has complained discrimination.
Document number: 08 8 53
Commissioners for Her Majesty's Revenue and Customs v Annabels (Berkeley Square) Ltd and ors, EAT
'Tronc' Tips Do Not Count Towards Minimum Wage.
Journal: IDS Brief
Additional Information: Restaurant or bar and service charges received by an employer but paid into a troncmaster's bank account for distribution by him or her in accordance with a tronc scheme agreed between the troncmaster and the participating employees were not 'paid by the employer' for the purposes of calculating the national minimum wage. Accordingly, an employment tribunal erred in allowing an appeal against enforcement notices which required three
employers to pay sums in arrears of the national minimum wage.
Document number: 08 8 4
Haine and anor v Day (The Liquidator of Compound Sections Ltd), Court of Appeal
Claiming Protective Award from Company in Liquidation.
Journal: IDS Brief
Additional Information: A protective award made against a company in
liquidation in respect of its clear failure, before going into liquidation, to
consult employee representatives over multiple redundancies was a 'provable' debt that could be claimed out of the company's assets. The tribunal hearing the claim for a protective award could not realistically use its discretion to refuse the maximum protective award allowable, so the company's failure to consult gave rise to contingent liability.
Document number: 08 8 52
The Highland Council v TGWU and ors, EAT
Unions' Letters Were not Individual or Collective Grievances.
Journal: IDS Brief
Additional Information: Letters written by the claimants' trade unions to their employer complaining about equal pay issues did not amount to grievances for the purpose of the standard statutory grievance procedure, as there was no evidence to suggest that, in writing the letters, the trade unions had been instructed to act on the individual claimants' behalf. Nor did the letters amount to collective grievance under Reg 9 of the Dispute Resolution Regulations.
Document number: 08 8 51
HM Prison Service and Ors v Ibimidun
No Victimisation where Employee Sought to 'Harass' Employer.
Journal: IDS Brief
Additional Information: The EAT holds that dismissing an employee for making numerous claims of race discrimination against his employer and work colleagues in order to harass the employer into offering him a settlement does not amount to victimisation. The victimisation provisions in the Race Relations Act are designed to protect bona fide claims only.
Document number: 08 8 2
Kennaugh v Lloyd-Jones t/a Cheshire Tree Surgeons, EAT
Time Limit for Appeal Runs from Issuing of Corrected Judgment.
Journal: IDS Brief
Additional Information: In a case where an employment judge had issued a corrected version of the judgment, the time limit for appealing ran from the date on which the corrected judgment was issued and not the date on which the parties were originally informed on the decision. Although the claimant was, even allowing for this fact, technically out of time for appealing, the EAT exercises its discretion to allow the appeal to proceed, since all the necessary information relating to the appeal was before the EAT when the time limit expired.
Document number: 08 8 3
Ladele v London Borough of Islington, London Central Employment Tribunal
Registrar Wins Civil Partnerships Case.
Journal: IDS Brief
Additional Information: A registrar who was subjected to disciplinary
proceedings for refusing to conduct civil partnerships was directly and
indirectly discriminated against on the grounds of her religion. The Council had failed to strike the correct balance between rights under sexual orientation legislation and those under religion or belief legislation, placing greater value on protecting the rights of the gay community. The registrar's claim that she was harassed on account of her religious beliefs was also upheld.
Document number: 08 8 1
Bayode v Chief Constable of Derbyshire, EAT.
Monitoring Employee's Behaviour at Work not a 'Detriment'
Journal: IDS Brief
Additional Information: The employee, who had previously brought a race discrimination claim against his employer, was not victimised when his colleagues recorded incidence involving him in their notebooks as part of the employer's attempts to protect itself against further claims by him. The tribunal had been entitled to find that the mere recording of such incidence does not constitute a 'detriment' for the purpose of the Race Relations Act 1976.
Document number: 08 7 6 E
Cannop and ors v Highland Council, Court of Session
Grievance Must Relate to Subsequent Claim.
Journal: IDS Brief
Additional Information: To determine whether a claimant has complied with S.32(2) of the Employment Act 2002, a tribunal must consider whether the complaint set out in his or her grievance is essentially the same as his or her subsequent employment tribunal claim. A tribunal had not been entitled to conclude that this was satisfied simply because the comparators in both the grievance and the claim form were selected from the same source.
Document number: 08 7 10
Capita Health Solutions v BBC and anor, EAT.
'Seconded' Employee had not Objected to Transfer.
Journal: IDS Brief
Additional Information: An employee who objected to her employment
transferring to an outsourcing company, but who subsequently agreed to work on a six-week 'secondment' with the transferee, had not validly objected to the transfer for the purposes of TUPE. As a result, her employment transferred and she was an employee of the transferee at the time her employment came to an end.
Document number: 08 7 9
Consistent Group Ltd v Kalwak and ors, Court of Appeal
Claimants Were Not Employees of Agency.
Journal: IDS Brief
Additional Information: A tribunal's decision that staff supplied by an agency to work for a third party were employees of that agency is remitted for rehearing to another tribunal. In so concluding, the Court of Appeal holds that the employment judge had failed to give sufficient reasons as to why a key term in the contract between the parties, making clear that the staff were self-employed, was a sham designed to allow the agency to avoid the responsibilities of being an employer, and nor had he explained why it had been necessary to imply a term into the contract that the agency was bound to provide the staff with work.
Document number: 08 7 3 E
Jumard v Clywd Leisure Ltd and ors, EAT
Hurt Feelings Wrongly Assessed in Multi-Discrimination Claim.
Journal: IDS Brief
Additional Information: A tribunal erred in adopting too broad-brush an
approach in simply fixing a sum for injury to feelings for race and disability discrimination. Where different forms of discrimination arise out of the same facts, a single award for injury to feelings is justified, but where specific acts fall into one category but not the other, they should be separately assessed.
Document number: 08 7 1 E
Kimberley Group Housing Ltd v Hambley and ors; Angel Services (UK) Ltd v Hambley and ors, EAT
Liabilities Cannot be 'Split' on Service Provision Change.
Journal: IDS Brief
Additional Information: Where two companies took over a service contract previously performed by one company, liability for transferring employees passed to the company that took up the activities to which they had been assigned before the transfer, which in this case meant the company that took up the greater part of the outgoing company's activities. An employment tribunal had not been entitled to apportion liabilities for the transferred employees between the two companies on a percentage basis.
Document number: 08 7 8
Mayor and Burgesses of the London Borough of Lewisham v Malcolm, House of Lords
Comparator Test Under DDA is Overruled.
Journal: IDS Brief
Additional Information: The House of Lords holds that a schizophrenic who sub-let his council flat during a period when he was not taking medication was not discriminated against for a reason related to his disability when the local authority terminated his tenancy and began possession proceedings. In doing so, the House rules that the employment case Clark v Novacold, which set down the approach to comparators under the DDA, was wrongly decided.
Document number: 08 7 7 E
Perry's Motor Sales Ltd and anor v Lindley, EAT
Transferee's Liability for Dismissal 'Crystallises' on Transfer.
Journal: IDS Brief
Additional Information: The transfer of liabilities under the TUPE Regulations from the transferor to the transferee includes liabilities that crystallise on the transfer. Accordingly, a tribunal had been correct to find that an employee could bring a claim against the transferee for automatically unfair dismissal where the transferee had directed that transferor to dismiss her.
Document number: 08 7 4 E
Sheridan v Prospects For People With Learning Disabilities; Hender v Prospects For People With Learning Disabilities, Shrewsbury Employment Tribunal.
Charity's 'Christians-Only' Employment Policy Discriminatory.
Journal: IDS Brief
Additional Information: A Christian charity could not rely on the 'genuine occupational requirement' exemption in the Religion or Belief Regulations to operate a blanket 'Christians-only' employment policy. It could not be said that being of a particular religion was essential for performing the functions of the posts in question.
Document number: 08 7 2 E
South London and Maudsley NHS Trust v Dathi, EAT
Claims Based on Immune Documents Were Inadmissible.
Journal: IDS Brief
Additional Information: An employment tribunal had erred in accepting
jurisdiction to hear claims founded upon letters written by the respondent's advisers. The letters were written for the purposes of earlier tribunal proceedings and thereby attracted absolute immunity from legal proceedings.
Document number: 08 7 5 E
Brodie v Nicola Ward t/a First Steps Nursery, EAT.
No Exception from Privilege in Constructive Dismissal Claim.
Journal: IDS Brief
Additional Information: The EAT holds that the 'unambiguous impropriety' exception to the 'without prejudice' rule could not be extended to allow a claimant bringing a constructive dismissal case to rely on the contents of a privileged offer of settlement arising out of a different dispute with her employer. This was so even though the privileged document contained evidence of the 'last straw' on which her claim relied.
Document number: 08 6 101
Cowen v Rentokil Initial Facility Service (UK) Ltd (t/a Initial Transport Services, EAT.
Losses Can Continue After Second Dismissal.
Journal: IDS Brief
Additional Information: An employment tribunal had erred in restricting
compensation for unfair dismissal to the date on which the claimant commenced new employment. Losses do not automatically cease to be attributable to the first employer upon fresh employment being obtained. In this case, the claimant's losses continued following his dismissal from new employment because, when he took the new job, it was clear that it might only last for the probationary period, which in fact is what happened.
Document number: 08 6 100
Johnson v Edwardian International Hotels Ltd, EAT
Tribunal's Powers Where a Party's Mental Capacity is Doubted.
Journal: IDS Brief
Additional Information: Where the claimant's mental capacity to conduct the proceedings was in doubt, it was not open to the employment judge to invite the Official Solicitor to investigate his capacity, nor to appoint a litigation friend to conduct proceedings on the claimant's behalf, such procedures only being available in the ordinary courts. Instead, the EAT holds that in cases of suspected mental incapacity the employment judge should use his or her general case management powers, including the power to strike out
all or part of a claim on the ground that it has no reasonable prospect of success.
Document number: 08 6 102
Kuzel v Roche Products Ltd, Court of Appeal.
Journal: IDS Brief
Additional Information: An employment tribunal was not bound to accept the employee's argument that her dismissal had been automatically unfair on account of her having made protected disclosures, even though the employer had failed to show that he had dismissed her for 'some other substantial reason'. The tribunal had been entitled to find that the ordinary principles governing unfair dismissal applied.
Document number: 08 6 107
Oyarce v Cheshire County Council, Court of Appeal
Reverse Burden of Proof does not Apply to Race Victimisation Claims.
Journal: IDS Brief
Additional Information: The EAT was correct to decide that the reversal of the burden of proof provided for by S.54A of the Race Relations Act 1976 does not apply to claims of victimisation. On a proper construction, S.54A applies only to claims of direct and indirect race discrimination or racial harassment.
Document number: 08 6 105
Riley v First Choice Homes Oldham Ltd, EAT.
Identifying Equal Pay Comparators Under Modified Procedure.
Journal: IDS Brief
Additional Information: A former employee's letter setting out an equal pay complaint but indicating comparators which were not those upon which her subsequent claim relied did not comply with Step 1 of the modified statutory grievance procedure. Under that procedure, the employee must set out the basis of the grievance on which his or her claim is founded in sufficient detail to enable the employer properly to address it.
Document number: 08 6 104
Towergate London Market Ltd v Harris, Court of Appeal.
Reasonable Belief that Dismissal Procedure Ongoing Extends Time.
Journal: IDS Brief
Additional Information: An employee who, after being dismissed for redundancy, mistakenly raised a grievance about the selection process rather then pursuing an appeal against dismissal was entitled to a three-month extension of the normal time limit in respect of the lodging of her unfair dismissal claim, since she had reasonable grounds to believe that a dismissal procedure was ongoing upon the expiry of the normal time limit.
Document number: 08 6 106
Walton Centre for Neurology and Neuro Surgery NHS Trust v Bewley, EAT.
Equal Pay Comparison Cannot Be Made With Successor.
Journal: IDS Brief
Additional Information: Under European law, a female employee claiming equal pay is not permitted to use a more highly paid male successor as a comparator. She is, however, entitled to bring an equal pay claim in respect of a more highly paid predecessor, although the comparison is limited to the terms and conditions enjoyed by the predecessor at the termination of his employment.
Document number: 08 6 103
Bottomley and Ors v Wakefield District Housing, EAT
Grievance Still Valid Despite Transfer Confusion.
Journal: IDS Brief
Additional Information: The requirements for compliance with the statutory grievance procedures are minimal. Applying this principle, the EAT confirms that where, following a TUPE transfer, a female employee wrongly presented an equal pay grievance to the transferor, that grievance was sufficient to comply with Step 1 of the standard procedure in respect of a complaint against the transferee - who had also been sent a copy of the grievance - even though it did not employ the male comparators named in the grievance.
Document number: 08 5 102
British Airways plc v Williams and ors, EAT
Calculating Pilots' Holiday Pay.
Journal: IDS Brief
Additional Information: In the absence of express provisions in law or
collective agreements governing the calculations of airline pilots' holiday pay, such pay should be calculated by reference to the Working Time Regulations 1998, despite the fact that the relevant holiday pay provision in those Regulations does not apply to aviation workers. Therefore, supplements to basic salary to which the pilots are entitled while working should be included in the calculation of their pay while on annual leave.
Document number: 08 5 109
Chief Constable of Lincolnshire Police v Weaver, EAT
Employer's Operational Needs Relevant to Reasonable Adjustments.
Journal: IDS Brief
Additional Information: In deciding whether placing a disabled employee onto a scheme designed to retain the skills of retired police officers was a reasonable adjustment under the Disability Discrimination Act, a tribunal erred by looking at the case only from the employee's perspective. It should have examines all the circumstance, which included the wider operational objectives of the employer and the interests of other employees.
Document number: 08 5 107
Clark v Clark Construction Initiatives Ltd and anor, EAT
Guidance on Employment Status of Majority Shareholders.
Journal: IDS Brief
Additional Information: An employment tribunal had been entitled to find that the controlling shareholder of a company was not also an employee. In so holding, the EAT gives guidance on the relevant criteria for tribunals to consider when determining similar cases. In particular, the EAT states that tribunals should not give effect to purported contracts of employment where the company itself is a sham; where the contract is entered into for some ulterior purpose, such as to secure statutory payments from the Secretary of State; or where the parties do not in fact conduct their relationship in accordance with the contract.
Document number: 08 5 106
Duncombe and ors v Department for Education and Skills, EAT
Fixed-Term Employees Regulation Applied to Expatriate Employees.
Journal: IDS Brief
Additional Information: Employees working abroad under fixed term contracts were entitled to bring their breach of contract claims in an employment tribunal and to have those claims determined in accordance with the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002. Although the Lawson v Serco test would ordinarily exclude the claimants from the Regulations' territorial scope, the EAT felt obliged to follow an earlier EAT decision to the effect that the test ought to be modified where necessary to give effect to directly effective EC rights. The EAT did, however, express
reservations as to the correctness of that authority.
Document number: 08 5 105
Dynamex Friction Ltd and anor v Amicus and ors, Court of Appeals
'Stage-Managed' Dismissals not Unfair Under TUPE.
Journal: IDS Brief
Additional Information: Dismissals effected by an administrator were not transfer-related where there was no collusion between the administrator and the insolvent company's director, who eventually purchased its assets and business. In so holding, the Court of Appeal overturns the EAT's decision that the tribunal ought to have dealt with the allegation that the administrator had been an 'unwitting tool' in the hands of the director. The tribunal had correctly focused on the administrator's reasons for dismissal, which had been unaffected by any alleged manipulation.
Document number: 08 5 101
Jurkowska v Hlmad Ltd, Court of Appeal
Time Limit for Lodging Appeal Extended.
Journal: IDS Brief
Additional Information: The EAT did not err in extending by 33 minutes the 42-day time limit for lodging an appeal in circumstance where the only appeal document lodged out of time was a copy of the tribunal judgement appealed against. The written reason for that judgement had been lodged in time, and the EAT was entitled to conclude that the appellant's representatives had only failed to include the judgement itself because they had never received it.
Document number: 08 5 103
Mitchells Solicitors v Funkwerk Information Technologies York Ltd, EAT
No Wasted Costs Without Abuse of Court.
Journal: IDS Brief
Additional Information: The EAT holds that before a wasted cost order can be made against a legal representative on the ground that he or she has presented a hopeless case, that representative must be shown not only to have acted improperly, unreasonably or negligently but also to have lent assistance to proceedings which amount to an abuse of the court. In addition, there must be a casual link between the representative's act and the wasted costs incurred.
Document number: 08 5 104
Mitchells Solicitors v Funkwerk Information Technologies York Ltd, EAT
No Wasted Costs Without Abuse of Court.
Journal: IDS Brief
Additional Information: The EAT holds that before a wasted cost order can be made against a legal representative on the ground that he or she has presented a hopeless case, that representative must be shown not only to have acted improperly, unreasonably or negligently but also to have lent assistance to proceedings which amount to an abuse of the court. In addition, there must be a casual link between the representative's act and the wasted costs incurred.
Document number: 08 5 104 E
Ruffert v Land Niedersachsen, ECJ
Posted Workers not Entitled to Collectively Agreed Wage.
Journal: IDS Brief
Additional Information: A German law requiring public sector contractors and sub-contractors to pay workers the minimum wage laid down by the local collective agreement was in breach of the freedom to provide services under Article 49 of the EC Treaty, as the impediment it placed on foreign undertakings' ability to provide services in Germany was not objectively justified. The collective agreement in question was not one the German State was entitled to impose under the Posted Workers Directive.
Document number: 08 5 108
Airbus UK Ltd v Webb, Court of Appeal.
Dismissing Employer Could Take 'Expired' Misconduct into Account.
Journal: IDS Brief
Additional Information: Case law does not support the proposition that an employer must, in all circumstances, ignore misconduct that was the subject of an expired written warning. Given this, an employment tribunal was not obliged to make an unfair dismissal finding against an employer who took an employee's 'expired' conduct into account when deciding to dismiss him for a subsequent act of gross misconduct. The employee's dismissal was fair, even though the employer gave his colleagues, who were guilty of the same gross misconduct, a 'second chance'.
Document number: 08 3 100
Conn v Council of City of Sunderland, Court of Appeal.
Foreman's Conduct not 'Harassment' under PHA.
Journal: IDS Brief
Additional Information: A site foreman's conduct towards one of his team was insufficient to give rise to a claim of harassment under the Protection from Harassment Act 1997. Although one of the two incidents found proved might have been sufficiently serious to cross the threshold into oppressive and unacceptable conduct, the other did not, and so there was no 'course of conduct', which the Act requires.
Document number: 08 3 102
Cumbria County Council v Dow and ors (No. 1) EAT.
'Productivity' Bonuses not Justified.
Journal: IDS Brief
Additional Information: A tribunal was entitled to find that a Council's bonus scheme was tainted by sex discrimination, and that, given that the scheme had ceased to be properly applied, it was not a proportionate means of achieving the legitimate aim of improving productivity. The tribunal, however, made procedural errors when considering the Council's argument that the unequal application of the bonus scheme could be explained by reference to market forces. Furthermore, the tribunal erred in rejecting the Council's defence in
respect of a separate pay differential, which was due to a collectively-agreed response to a change in economic circumstance.
Document number: 08 3 101
English v Thomas Sanderson Blinds Ltd, EAT.
Heterosexual Subjected to Homophobic Abuse not Protected by SOR.
Journal: IDS Brief
Additional Information: Protection from harassment afforded to claimants under the Sexual Orientation Regulations does not extend to those who face homophobic abuse but are known to be heterosexual. Given this, the Regulations do not properly implement the EC Equal Treatment Framework Directive, which suggests that such protection should be provided.
Document number: 08 3 104
First West Yorkshire Ltd t/a First Leeds v Haigh, EAT.
Failure to Consider Ill-Health Retirement Made Dismissal Unfair.
Journal: IDS Brief
Additional Information: It was unreasonable, and thus unfair, for an employer to dismiss an employee by reason of long-term ill health without first considering whether he was contractually entitled to be made medically 'retired' and granted an ill-health pension. It was also unreasonable for the employer to require the employee to choose between being dismissed and forgoing his ill-health pension rights.
Document number: 08 3 107 E
GAB Robins (UK) Ltd v Triggs, Court of Appeal.
Compensation not Recoverable for Pre-Dismissal Conduct.
Journal: IDS Brief
Additional Information: An employee, who suffered from a stress-related illness having been overworked and bullied by her manager, could not receive damages flowing from this illness as a part of her compensatory award for unfair constructive dismissal. Only losses arising from the dismissal itself are recoverable in such a claim, with damages for breaches of contract that led to the constructive dismissal falling outside the unfair dismissal legislation.
Document number: 08 3 103
Okonu v G4S Security Services (UK) Ltd, EAT.
'Two-tier' Approach in Race Discrimination Claims.
Journal: IDS Brief
Additional Information: The 'reverse' burden of proof in S.54A of the Race Relations Act 1976 only applies to claims of discrimination on grounds of the race or ethnic or national origins, and not to discrimination on grounds of colours or nationality. When dealing with a claim under the Act, a tribunal should established on which of the grounds the claim is based.
Document number: 08 3 105
RDF Media Group plc and anor v Clements, High Court.
No Constructive Dismissal Where Employee also in Breach.
Journal: IDS Brief
Additional Information: An employee was not entitled to accept his employer's breach of the implied contractual term of mutual trust and confidence and consider himself constructively dismissed following the appearance of an unfavorable article in a newspaper about him which came about as a result of his employer briefing the press. The employee could not rely on the breach because he had, unbeknown to the employer, already breached the term of trust and confidence himself.
Document number: 08 3 106
Bleuse v MBT Transport Ltd and anor, EAT
Territorial Scope of Working Time Regulations.
Journal: IDS Brief
Additional Information: The 'employment in Great Britain' test as to
territorial scope, devised by the House of Lords in Lawson v Serco Ltd in respect of the Employment Rights Act 1996, must be modified when considering the scope of the Working Time Regulations 1998. As the Regulations implement directly effective rights under an EC Directive, they must be interpreted so far as possible to give effect to those rights where English law is the proper law of the contract in question.
Document number: 08 2 108 E
Cooper and ors v Isle of Wight College, High Court (QB)
Deduction from Wages on Account of Industrial Action.
Journal: IDS Brief
Additional Information: The deduction that an employer can make from a worker's wages on account of his or her taking part in strike action is
limited to the amount of pay to which the worker would have been entitled to had he or she worked for the period in question. The employer's overall losses as a result of the strike are not taken into account.
Document number: 08 2 102 E
Environment Agency v Rowan, EAT; HM Prison Service v Johnson, EAT.
EAT Gives Guidance on Reasonable Adjustments.
Journal: IDS Brief
Additional Information: In two separate cases, the EAT gives guidance to assist employment tribunals determining cases on the duty to make reasonable adjustments under the Disability Discrimination Act 1995.
Document number: 08 2 110 E
Hart v Chief Constable of Derbyshire Constabulary, EAT.
Lowering Competency Standard was not Reasonable Adjustment.
Journal: IDS Brief
Additional Information: It was not a reasonable adjustment for a police
authority to lower standards expected of a police constable to enable a probationer, who was unable to carry out core tasks as a result of her disability, to complete her probationary period and become a serving constable.
Document number: 08 2 101 E
International Transport Worker's Federation and anor v Viking Line ABP and anor, ECJ.
Balance Between Right to Strike and Freedom of Establishment.
Journal: IDS Brief
Additional Information: Collective action taken by a trade union aimed at preventing a ferry operator from registering one of its vessels in a foreign country in order to lower labour costs constituted a restriction on the company's right to freedom of establishment under Article 43 of the EC Treaty. That restriction might be justified by an overriding reason of public interest (such as the protection of workers) provided it does not go beyond what is necessary to achieve that objective, but that is a matter for the national court to decide.
Document number: 08 2 109 E
James v London Borough of Greenwich, Court of Appeal.
No Implied Contract Between Agency Worker and End-User.
Journal: IDS Brief
Additional Information: An employment tribunal's decision that a worker whose services were supplied through an agency did not have an implied contract of employment with the end-user client would be upheld, with the result that the worker did not have the 'employee' status required to claim unfair dismissal against the end-user. No implied contract was necessary, as the triangular relationship between the parties was fully explained by express contracts between agency and worker, and between agency and end-user.
Document number: 08 2 100 E
Optare Group Ltd v Transport and General Workers' Union, EAT.
Volunteers for Redundancy Were 'Dismissed'.
Journal: IDS Brief
Additional Information: Employees who applied and were accepted for voluntary redundancy as part of a redundancy exercise were dismissed by their employer as opposed to having their employment terminated by mutual consent. A tribunal had not erred in concluding, on this basis, that the total number of employees the employer proposed to dismiss was 20, thus triggering the statutory requirement for collective consultation.
Document number: 08 2 111 E
Richmond Adult Community College v McDougall, Court of Appeal.
Events After Alleged Discrimination not Evidence of 'Disability'.
Journal: IDS Brief
Additional Information: In deciding whether an employee's impairment had 'long-term' effect and thus qualified as a disability under the DDA 1995, a tribunal should disregard events - such as a recurrence of the employee's condition -taking place after the alleged discriminatory act but prior to the tribunal hearing. Whether or not an employee was disabled for DDA purposes must be judged on the evidence available at the time of the alleged discrimination.
Document number: 08 2 107 E
Ashbourne v Department for Education and Skills and ors; Collins v Department for Education and Skills and ors, EAT.
Territorial Scope of Fixed-Term Employees Regulations.
Journal: IDS Brief
Additional Information: The test devised by the House of Lords for determining whether an employee working abroad can claim unfair dismissal under the Employment Right Acts applies equally to the fixed-term Employees Regulations. On the facts, two teachers working exclusively at schools abroad on successive fixed-term contracts failed to show sufficiently strong connections with Great Britain to satisfy the 'employment in Great Britain' test.
Document number: 08 1 104 E
British Association for Shooting and Conservation v Cokayne, EAT.
Claimant 'Estopped' from Pursuing Previously Dismissed Claim.
Journal: IDS Brief
Additional Information: A claimant was estopped from bringing a constructive dismissal claim because he had previously withdrawn tribunal proceedings in respect of the same complaint and those proceedings had been dismissed by the tribunal. It was not open to the claimant to bring subsequent proceedings even though he had made it clear that he intended to relodge the claim.
Document number: 08 1 105 E
Chief Constable of West Midlands Police v Blackburn and Anor, EAT.
Payment of Night-Shift Bonus Objectively Justified.
Journal: IDS Brief
Additional Information: A bonus scheme designed to reward police officers who were available to work at night, and which had a disparate adverse impact on women, was an appropriate and necessary means of achieving the legitimate aim of rewarding anti-social hours working. A tribunal's finding that the scheme was not justified was overturned.
Document number: 08 1 101 E
Holis Metal Industries Ltd v GMB and Anor, EAT.
TUPE can Apply to Transfers from the UK to Outside the EU.
Journal: IDS Brief
Additional Information: TUPE Regulations have the potential to apply where an undertaking, situated in the United Kingdom prior to its 'transfer', does not thereafter remain in the UK, or indeed in the EU.
Document number: 08 1 100 E
Home Office v Evans and anor, Court of Appeal.
Employer Invokes Mobility Clause to Avoid Redundancy Dismissals.
Journal: IDS Brief
Additional Information: An employer was entitled to rely upon a mobility clause in employees' contracts in order to relocate them, and thus avoid making them redundant upon the closure of their place of work. This was not a case in which the employer 'dodged' between implementing contractual redundancy procedures and invoking mobility clause.
Document number: 08 1 103 E
Johns v Solent SD Ltd, EAT
Tribunal Wrong to Prejudge Heyday in Strike-Out Decision.
Journal: IDS Brief
Additional Information: An employment judge erred in speculating as to the likely result of the Heyday challenge to the Age Regulations when deciding that the claimant's age discrimination and unfair dismissal claims enjoyed no reasonable prospect of success. Accordingly, its decision to strike out would be overturned and the claims stayed until the Heyday case has been decided.
Document number: 08 1 102 E
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