Results: 91

• Chief Adjudication Officer v Rhodes

  24 Jul 1998 [1999] ICR 178; [1999] 2 All ER 859, CA

  Subsequent citations: 7.
  SOCIAL SECURITY — Industrial injuries benefit — Personal injury
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  Case index catchwords

  SOCIAL SECURITY — Industrial injuries benefit — Personal injury — Benefits Agency employee reporting neighbour for benefit fraud — Assaulted by neighbour when at home on sick leave — Whether accident arising “in the course of … employment” — Social Security Contributions and Benefits Act 1992, s 94(1)(3)

  1 Case considered

  1 Words & Phrases considered

  1 Statute considered

• Shawkat v Nottingham City Hospital NHS Trust

  26 Feb 1999 [1999] ICR 780, EAT

  EMPLOYMENT — Unfair dismissal — Reasonableness of dismissal
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  Case index catchwords

  EMPLOYMENT — Unfair dismissal — Reasonableness of dismissal — Work of a particular kind — Employee refusing to undertake additional duties in new unit — Whether test diminution in work of a particular kind which employee employed to do — Whether work done by applicant relevant consideration — Employment Rights Act 1996, ss 139(1)(b), 163(2)

  2 Case(s) considered

  1 Statute considered
• Nagarajan v London Regional Transport

  07 Nov 1997 [1997] EWCA Civ 2671; [1998] IRLR 73, CA

  15 Jul 1999 [2000] 1 AC 501; [1999] 3 WLR 425; [1999] ICR 877; [1999] 4 All ER 65, HL(E)

  Subsequent considerations : 8 positive; 4 neutral; 1 negative. Subsequent citations: 98.
  DISCRIMINATION — Race — Employment
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  Case index catchwords

  DISCRIMINATION — Race — Employment — Victimisation — Applicant having brought previous race discrimination proceedings against employer unsuccessfully applying for position — Interviewers aware of previous proceedings — Whether necessary to show consciously motivated by knowledge of previous proceedings — Whether interviewing and assessment of candidates “arrangements for the purpose of determining who should be offered … employment” — Race Relations Act 1976, ss 2(1), 4(1)(a)

  5 Case(s) considered

  1 Words & Phrases considered

  1 Statute considered

• Maidment v Commission of the European Communities

  04 Dec 1998 [1999] ICR 577, EAT

  INDUSTRIAL RELATIONS — Employment tribunals — Jurisdiction:
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  Case index catchwords

  INDUSTRIAL RELATIONS — Employment tribunals — Jurisdiction: — Applicant refused employment by European Commission on ground of age — Complaint of unlawful discrimination on ground of sex — Whether tribunal having jurisdiction — EC Treaty, art 179 — Staff Regulations of the European Communities, art 91(1)

  2 Case(s) considered

  1 EU Enactment considered
• AM v WC

  06 May 1999 [1999] ICR 1218, EAT

  Subsequent considerations : 1 negative. Subsequent citations: 3.
  DISCRIMINATION — Sex — Employment
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  Case index catchwords

  DISCRIMINATION — Sex — Employment — Police — Constable complaining of sexual harassment by sergeant — Whether sergeant liable to fellow officer for discrimination — Sex Discrimination Act 1975, ss 17(1), 41, 42(2)

  1 Statute considered
• Smith v Gardner Merchant Ltd

  13 Feb 1996 [1996] ICR 790, EAT

  14 Jul 1998 [1999] ICR 134; [1998] 3 All ER 852, CA

  Subsequent considerations : 3 positive; 1 negative. Subsequent citations: 13.
  DISCRIMINATION — Sex — Employment
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  Case index catchwords

  DISCRIMINATION — Sex — Employment — Homosexual complaining of less favourable treatment because of sexual orientation — Whether sex discrimination — Whether jurisdiction to entertain complaint — Sex Discrimination Act 1975, ss 1(1)(a), 6(2)(b) — Council Directive (76/207/EEC), arts 2(1), 5(1)

  DISCRIMINATION — Sex — Employment — Male complaining of female employee's abusive and offensive comments about his being homosexual — Employers accepting female employee's version of events and dismissing male — Whether sex discrimination — Whether appropriate comparator homosexual or heterosexual female — Sex Discrimination Act 1975, ss 1(1)(a), 5(3), 6(2)(b)

  4 Case(s) considered

  1 EU Enactment considered

  2 Statutes considered
• Gibson v East Riding of Yorkshire Council

  [1999] ICR 633, EAT

  21 Jun 2000 [2000] ICR 890, CA

  Subsequent considerations : 1 positive; 1 neutral. Subsequent citations: 8.
  EMPLOYMENT — Working time provisions — Local authority employee
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  Case index catchwords

  EMPLOYMENT — Working time provisions — Local authority employee — No contractual entitlement to paid annual leave — Failure to implement Community law to provide entitlement — Whether Community law provision having direct effect — Council Directive (93/104/EC), arts 7, 18

  1 Case considered

  2 EU Enactments considered
• Cantor Fitzgerald International v Callaghan

  21 Jan 1999 [1999] ICR 639; [1999] 2 All ER 411, CA

  21 Jun 1999 (pet dis) [1999] ICR 858, HL(E)

  Subsequent considerations : 1 positive. Subsequent citations: 6.
  EMPLOYMENT — Contract of employment — Repudiation
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  Case index catchwords

  EMPLOYMENT — Contract of employment — Repudiation — Refusal by employer to honour agreement as to employee's salary package — Whether fundamental breach going to root of contract — Whether employee entitled to treat contract as repudiated

  2 Case(s) considered
• Smith v Secretary of State for Trade and Industry

  11 Oct 1999 [2000] ICR 69, EAT

  Subsequent considerations : 1 positive. Subsequent citations: 7.
  EMPLOYMENT — Contract of employment — Company director

  INDUSTRIAL RELATIONS — Employment tribunals — Jurisdiction:
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  Case index catchwords

  EMPLOYMENT — Contract of employment — Company director — Insolvency of company — Director and controlling shareholder applying for redundancy payment — Whether “employee” — Employment Rights Act 1996, ss 166, 230(1)

  INDUSTRIAL RELATIONS — Employment tribunals — Jurisdiction: — Claim against Secretary of State on employer's insolvency — Whether tribunal “independent and impartial” — Convention for the Protection of Human Rights and Fundamental Freedoms (1953), art 6(1)

  2 Case(s) considered

  2 Words & Phrases considered

  1 Statute considered

  1 International Agreement considered

• West Kent College v Richardson

  02 Dec 1998 [1999] ICR 511, EAT

  Subsequent citations: 2.
  EMPLOYMENT — Unfair dismissal — Reason for dismissal
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  Case index catchwords

  EMPLOYMENT — Unfair dismissal — Reason for dismissal — Redundancy — Notice of dismissal on ground of redundancy — Work becoming available during notice period — Complaint alleging dismissal for union activities — Whether reason for dismissal to be valid throughout notice period

  2 Case(s) considered