A Lap dancer was not self-employed but an employee and may claim unfair dismissal
Quashie v Stringfellows Restaurants Ltd [2012] UKEAT 0289_11_2604 |
03/05/2012 |
contractual confidentiality clause no substitute for restrictive covenant
Caterpillar Logistics Services (UK) Ltd v de Crean [2012] EWCA Civ 156 |
01/05/2012 |
An illegal contract of employment willingly entered into deprives a worker of all statutory rights such as unfair dismissal and race discrimination
Zarkasi v Anindita & Anor [2012] UKEAT 0400_11_1801 |
01/05/2012 |
'Subjectivity' does not necessarily mean unfair dismissal in selection for redundancy
Samsung Electronics (UK) Ltd v Monte-D’Cruz [2012] UKEAT 0039_11_0103 |
01/05/2012 |
EAT allows franchise agreements to overturn ET decisions of unfair dismissal into 'redundancy'
Meter U LTD v Hardy & Ors (Transfer of Undertakings : Economic technical or organisational reason) [2012] UKEAT 0207_11_2802 |
30/04/2012 |
In rejecting a claim for unfair dismissal the EAT ruled that a pool of one for redundancy can be a fair reason for dismissal
Halpin v Sandpiper Books Ltd (Unfair Dismissal : Reasonableness of dismissal) [2012] UKEAT 0171_11_0602 |
30/04/2012 |
Changing where the employees' worked on a TUPE transfer was a constructive and automatically unfair dismissal
Abellio London Ltd v Musse & Ors (Transfer of Undertakings : automatically unfair dismissal) [2012] UKEAT 0283_11_1201 |
28/04/2012 |
Stay lifted for ET and High Court overlapping claims for unfair dismissal, automatic unfair dismissal (protected disclosures) & holiday pay under the Working Time Regulations
Halstead v Paymentshield Group Holdings Ltd [2012] EWCA Civ 524 |
27/04/2012 |
Unfair dismissal of a spouse is not considered unlawful discrimination on the grounds of marital status
Hawkins v Atex Group Ltd & Ors (Sex Discrimination : Marital status) [2011] UKEAT 0302_11_1303 |
26/04/2012 |
It is unlawful sex discrimination to discriminate or otherwise harass or victimise someone because of marital status
Dunn v The Institute of Cemetery and Crematorium Management (Sex Discrimination : Marital status) (Rev 1) [2011] UKEAT 0531_10_0212 |
26/04/2012 |
With Direct Age Discrimination justification the aim must be legitimate, appropriate and necessary with regard to the particular work situation
Seldon v Clarkson Wright and Jakes (A Partnership) [2012] UKSC 16 On appeal from: [2010] EWCA Civ 899 |
25/04/2012 |
Implementing new training requirements which ruled out the possibility of promotion before retirement was indirect age discrimination
Homer v Chief Constable of West Yorkshire Police [2012] UKSC 15 On appeal from: [2010] EWCA Civ 419 |
25/04/2012 |
There is no right of disclosure of a candidate's file in a discrimination case (here about race and sex discrimination)
Meister v Speech Design Carrier Systems GmbH CJEU Case C-415/10(application from Bundesarbeitsgericht (Germany)) |
23/04/2012 |
ET which awarded large costs against a claimant in a failed race discrimination and victimization case must think again
Doyle v North West London Hospitals NHS Trust [2012] UKEAT 0271_11_2004 |
23/04/2012 |
Age discrimination can be justified on the grounds of cost if it is a 'proportionate means of achieving a legitimate aim'
Woodcock v Cumbria Primary Care Trust [2012] EWCA Civ 330 |
22/04/2012 |
Employers must begin collective redundancy consultations with the workers' representatives early
The United States of America v Christine Nolan Case C-583/10 |
20/04/2012 |
A concession or withdrawal by a Claimant must be 'clear, unequivocal and unambiguous'.
Segor v Goodrich Actuation Systems Ltd (Practice and Procedure : Withdrawal) [2012] UKEAT 0145_11_1002 |
20/04/2012 |
TUPE does not apply when a service is conducted in an altogether different manner following a changeover.
Johnson Controls Ltd v Campbell & Anor (Transfer of Undertakings : Service Provision Change) [2012] UKEAT 0041_12_1402 |
19/04/2012 |
The reversed burden of proof in discrimination cases
Dziedziak v Future Electronics Ltd (Sex Discrimination) [2012] UKEAT 0270_11_2802 |
17/04/2012 |
A TUPE transfer needs the employee's consent
Gabriel v Peninsula Business Services Ltd & Anor [2012] UKEAT 0190_11_2302 |
17/04/2012 |
Right to Request Deferment of Retirement
R & R Plant (Peterborough) Ltd v Bailey [2012] EWCA Civ 410 |
13/04/2012 |
The date that an employee resigns is to be taken as the effective date of termination (EDT)
Horwood v Lincolnshire County Council [2012] UKEAT 0462_11_0304 |
13/04/2012 |
Ignoring costs warning letters can be taken as unreasonable conduct
Peat & Ors v Birmingham City Council (Practice and Procedure : Costs) [2012] UKEAT 0503_11_1004 |
12/04/2012 |
TUPE guidance, and Regulation 4
Argyll Coastal Services Ltd v Stirling & Ors TUPE [2012] UKEAT 0012_11_1502
|
05/04/2012 |
An employee who holds confidential information about a competitor that he hopes to work for does not need to inform his existing employer. To do so would mean being in breach of confidence to the new employer.
Customer Systems Plc v Ranson & Ors [2011] EWHC 3304 (QB)
|
26/01/12 |
There is no single definition regarding domestic workers treated as family members and thus exempt from the National Minimum Wage.
Chamsi-Pasha v Udin [2011] UKEAT 0070_11_0812 & Julio & ors v Jose [2011] UKEAT
|
22/12/11 |
Where there was no prejudice to the claimant, the employment tribunal could substitute its reason for the dismissal which was different to that pleaded in the ET3
Screene v Seatwave Ltd (Unfair Dismissal) [2011] UKEAT 0020_11_2605
|
7/12/11 |
Even in a redundancy situation vacancies must be considered throughout the consultation period
King v Royal Bank Of Canada Europe Ltd [2011] UKEAT 0333_10_1810
|
6/12/11 |
Refusing to increase a protected payment was not an unlawful deduction from wages contrary to the Employment Rights Act ( ERA ) 1996
Barts and the London NHS Trust v Verma [2011] EWCA Civ 1129
|
5/12/11 |
A new offer of employment must for the purposes of mitigation and compensation be considered seriously by a claimant.
Debique v Ministry Of Defence [2011] UKEAT 0075_11_1509
|
4/12/11 |
Pre-trial publicity may affect the possibility of costs being awarded against a claimant in the EAT.
Iteshi v Office of Water Services (Ofwat) [2011] UKEAT 0178_11_2209
|
3/12/11 |
Disciplinary panel members must avoid any appearence of bias or of being involved in judging their own case.
Kaur, R (on the application of) v Institute of Legal Executives Appeal Tribunal & Anor [2011] EWCA Civ 1168
|
2/12/11 |
The CJEU Advocate General advises that Part-time Judges are workers and that discrimination against different types of judges is not allowed.
O'Brien v Ministry of Justice [2010] UKSC 34
|
1/12/11 |
Costs are compensatory not punitive and reflect the "effect" of the conduct in question"
Barnsley Metropolitan Borough Council v Yerrakalva [2011] EWCA Civ 1255
|
30/11/11 |
Unheard and contested matters dismissed at a pre-hearing should not be the subject of a costs award
Dean & Dean (a firm) & Ors v Dionissiou -Moussaoui (Rev 1) [2011] EWCA Civ 1332
|
29/11/11 |
Equality Act 2010 claimants (formerly claiming under Equal Pay Act 1970 and Sex Discrimination Act) can choose to bring claims in court or the employment tribunal.
Birmingham City Council v Abdulla & Ors [2011] EWCA Civ 1412
|
29/11/11 |
The ET needed to determine the reasons why a flexible timetable did not constitute disability discrimination (& Pension-Ogden Tables)
Chief Constable Of West Midlands Police v Gardner [2011] UKEAT 0174_11_1910
|
28/11/11 |
A holiday must be taken within a reasonable time period or the holiday will cease to be considered as providing a rest from work, but rather "a period of relaxation and leisure"
KHS AG v Schulte ECJ Case C-214/10
|
26/11/11 |
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The emasculation of the employment tribunal system is the next stage on the road to a fundamental undermining of workers' rights and protections in Britain
|
25/11/11 |
The level of compensatory award for unfair dismissal must be 'grossed up' before the application of the statutory cap.
Hardie Grant London Ltd v Aspden [2011] UKEAT 0242_11_0311
|
23/11/11 |
Female workers suffered indirect sex discrimination in a pension scheme but no loss (and therefore will not receive compensation).
Copple & Ors v Littlewoods Plc & Ors [2011] EWCA Civ 1281 |
18/11/11 |
In order to claim holiday pay under Reg 16 (1) of the Working Time Regulations
an employee must have already have stated an intention to take it.
Fraser v Southwest London St George’s Mental Health Trust [2011] UKEAT 0456_10_0311 |
10/11/11 |
Even where lists of issues have been agreed between the parties they should be scrutinised by employment judges.
Price v Surrey County Council & Anor [2011] UKEAT 0450_10_2710
|
07/11/11 |
Claimants with Before the Event Insurance may choose their own solicitor
Brown-Quinn & Anor v Equity Syndicate Managment LTD & Anor [2011] EWHC 2661
|
06/11/11 |
The High Court issues guidance as to when contractual provisions are valid
Hussain v Surrey and Sussex Healthcare NHS Trust [2011] EWHC 1670 (QB)
|
04/11/11 |
Disciplinary processes must be conducted fairly and without undue delay
Lim v Royal Wolverhampton Hospitals NHS Trust [2011] EWHC 2178 (QB)
|
02/11/11 |
An employer's reasonable (but wrong) belief that a worker is working illegally is no defence to an illegal deduction from wages claim
Okuoimose v City Facilities Management (UK) Ltd [2011] UKEAT 0192_11_1309
|
31/10/11 |
Whistleblowers are not protected against victimisation by fellow workers
NHS Manchester v Fecitt & Ors [2011] EWCA Civ 1190
|
29/10/11 |
EU Agency Directive 2008 finally implemented by Britain as the Agency Worker Regulations 2010
|
11/10/11 |
George Osbourne for the Liberal-Conservative Government moves to limit workers' access to justice
|
9/10/11 |
When deciding the level of costs to be paid, if a tribunal exercises the discretion to take means into account, all the means must be assessed
SHIELDS AUTOMOTIVE LTD v GREIG [2011] UKEAT 0024_10_1507
|
6/10/11 |
It was not unfair or inequitable not to re-hire under conditions offered in failed negotiations
Slade & Others v TNT (UK) Ltd (Unfair Dismissal) [2011] UKEAT 0113_11_1309
|
3/10/11 |
An employee sharing profits in the firm is not necessarily a partner
Williamson & Soden Solicitors v Briars EAT [2011] UKEAT/2011/0065_10_2705
|
30/08/11 |
Leaving a page out of the reasons for an EAT appeal was venial
Hine & Anor (t/a Hine Marketing Partnership) v Talbot & Ors [2011] UKEAT 1783_10_2706
|
29/08/11 |
In Equal Pay claims after a TUPE transfer, red circling will be accepted as constituting a genuine material factor defence
Scotland Co Ltd v Buchanan & Anor (Equal Pay Act : Material factor defence and justification) [2011] UKEAT 0042_10_2505
|
27/08/11 |
The Minimum wage did not apply to a worker sleeping over without duties to perform
Wray v JW Lees & Co (Brewers) Ltd (National Minimum Wage [2011] UKEAT 0102_11_1407
|
26/08/11 |
Requests to continue working after 65 must be considered in good faith
Compass Group Plc v Ayodele [2011] UKEAT 0484_10_1407
|
20/08/11 |
An autocratic style of management is no justification for breaching the contractual term of trust and confidence
McBride v Falkirk Football & Athletic Club [2011] UKEAT 0058_10_1706
|
19/08/11 |
Overtime payments in the absence of an agreement
Driver v Air India Ltd [2011] EWCA Civ 830
|
10/08/11 |
No age discrimination where notification referred to retirement after the age of 65yrs
Howard v Campbell's Caravans Ltd [2011] UKEAT 0609_10_1205
|
29/06/11 |
Mere suspicion that a representative was acting for profit was not enough for imposing wasted costs
Jackson v Cambridgeshire County Council & Ors (Practice and Procedure : Costs) [2011] UKEAT 0402_09_0806
|
11/06/11 |
Guard disallowed from leaving his work to pray was not discriminated against
Cherfi v G4S Security Services Ltd (Religion or Belief Discrimination) [2011] UKEAT 0379_10_2405
|
09/06/11 |
|
|
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October 2011 increases in minimum wage
|
10/05/11 |
Judicial proceedings immunity applies to all types of discrimination including victimisation
Parmer v East Leicester Medical Practice (Victimisation Discrimination) [2011] UKEAT 0490_10_0103
|
26/04/11 |
An abused worker's unfair dismissal and race discrimination claim was refused for illegality
Allen (Nee Aboyade-Cole) v Hounga & Anor [2011] UKEAT 0326_10_3103
|
15/04/11 |
Pay protection may be a proportionate means of achieving a legitimate aim provided that sums awarded don't result from past discrimination.
Audit Commission v Haq & Ors [2011] UKEAT 0123_10_1803
|
09/04/11 |
Court of Appeal rules that provided a claimant does part of the work in the UK an ET may hear a race or age discrimination claim.
British Airways Plc v Mak & Ors [2011] EWCA Civ 184
|
18/03/11 |