Results: 104

• Bank of Credit and Commerce International SA v Ali (No 2)

  25 Jun 1999 [2000] ICR 1354; [1999] 4 All ER 83, Ch D (Lightman J)

  31 Jan 2002 [2002] EWCA Civ 82; [2002] ICR 1258; [2002] 3 All ER 750, CA

  Subsequent considerations : 1 neutral. Subsequent citations: 14.
  EMPLOYMENT — Contract of employment — Implied term
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  Case index catchwords

  EMPLOYMENT — Contract of employment — Implied term — Employer in liquidation reputed to have acted fraudulently — Redundant employees proving in liquidation for compensation for loss of employment prospects — Whether employer's breach of implied obligation of good faith cause of employees' failure to obtain further employment — Whether employees entitled to stigma damages

  8 Case(s) considered

• Beedell v West Ferry Printers Ltd

  07 Jul 2000 [2000] ICR 1263, EAT

  15 Mar 2001 [2001] EWCA Civ 400; [2001] ICR 962, CA

  Subsequent citations: 5.
  EMPLOYMENT — Unfair dismissal — Reasonableness of dismissal

  PRACTICE — Appeal — Permission to appeal
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  Case index catchwords

  EMPLOYMENT — Unfair dismissal — Reasonableness of dismissal — Fighting in workplace — Long-standing employee with unblemished record — Whether band of reasonable responses appropriate test of fairness — Whether necessary for tribunal to refer to Code of Practice — Employment Rights Act 1996, s 98(1)(2)(4) — Acas Code of Practice 1: Disciplinary Practice and Procedures in Employment (1977), para 10(h)

  PRACTICE — Appeal — Permission to appeal — Application to set aside permission to appeal — Appeal bound to fail on existing authority — Whether appropriate to set aside permission — CPR r 52.9(1)(b)

  10 Case(s) considered

  1 Statute considered

  2 Statutory Instruments considered
• Post Office v Jones

  09 Feb 2000 [2000] ICR 388, EAT

  11 Apr 2001 [2001] EWCA Civ 558; [2001] ICR 805, CA

  Subsequent considerations : 4 positive; 2 neutral. Subsequent citations: 24.
  DISCRIMINATION — Employment — Less favourable treatment

  DISCRIMINATION — Disability — Less favourable treatment:
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  DISCRIMINATION — Employment — Less favourable treatment — Justification of treatment — Diabetic becoming insulin-dependent withdrawn from driving duties — Employer later revising policy and offering restricted driving duties — Whether justifiable — Disability Discrimination Act 1995, ss 5, 6

  DISCRIMINATION — Disability — Less favourable treatment: — Justification of treatment — Diabetic becoming insulin-dependent withdrawn from driving duties — Employer later revising policy and offering restricted driving duties — Whether open to employment tribunal to review employer's assessment of risk — Disability Discrimination Act 1995, s 5(3)

  1 Case considered

  2 Statutes considered
• Pearce v Governing Body of Mayfield Secondary School

  07 Apr 2000 [2000] ICR 920, EAT

  31 Jul 2001 [2001] EWCA Civ 1347; [2002] ICR 198, CA

  19 Jun 2003 [2003] UKHL 34; [2003] ICR 937; [2004] 1 All ER 339, HL(E)

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

  DISCRIMINATION — Sex — Employment — Lesbian teacher complaining of pupils' gender-specific abuse — No evidence hypothetical homosexual male would have been treated differently — Whether sex discrimination — Sex Discrimination Act 1975, ss 1(1), 6(2)

  DISCRIMINATION — Sex — Employment — Lesbian teacher complaining of pupils' gender-specific abuse — No evidence hypothetical homosexual male would have been treated differently — Whether sex discrimination — Sex Discrimination Act 1975, ss 1(1), 5(3) — Human Rights Act 1998, s 3(1)

  DISCRIMINATION — Sex — Employment — Treatment on ground of applicant's homosexuality — Complaint of discrimination on ground of sex — Whether sex including sexual orientation — Appropriate comparator — Sex Discrimination Act 1975, ss 1(1)(a), 5(3)

  7 Case(s) considered

  2 Statutes considered

• RCO Support Services Ltd v Unison

  28 Jun 2000 [2000] ICR 1502, EAT

  12 Apr 2002 [2002] EWCA Civ 464; [2002] ICR 751, CA

  19 Nov 2002 (pet all) [2003] ICR 89, HL(E)

  Subsequent citations: 4.
  EMPLOYMENT — Transfer of undertaking — Whether relevant transfer
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  EMPLOYMENT — Transfer of undertaking — Whether relevant transfer — Hospital cleaning and catering services moving to different hospital — Employees not transferring — Whether transfer of undertaking — Transfer of Undertakings (Protection of Employment) Regulations 1981, reg 3(1)

  6 Case(s) considered

  2 Statutory Instruments considered
• Humphreys v University of Oxford

  20 Dec 1999 [2000] ICR 405; [2000] 1 All ER 996, CA

  Subsequent considerations : 1 neutral. Subsequent citations: 6.
  EMPLOYMENT — Transfer of undertaking — Effect of transfer
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  EMPLOYMENT — Transfer of undertaking — Effect of transfer — Proposed transfer involving detrimental change in employee's conditions — Employee objecting to transfer of his employment — Whether transferor liable for claim of wrongful dismissal — Transfer of Undertakings (Protection of Employment) Regulations 1981, reg 5 (as amended by Trade Union Reform and Employment Rights Act 1993, s 33) — Council Directive (77/187/EEC), art 4(2)

  1 Case considered

  1 EU Enactment considered

  1 Statutory Instrument considered

• London Underground Ltd v Noel

  29 Jun 1999 [2000] ICR 109, CA

  Subsequent citations: 3.
  EMPLOYMENT — Unfair dismissal — Complaint
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  EMPLOYMENT — Unfair dismissal — Complaint — Dismissed employee offered re-employment — Offer withdrawn after expiry of time limit — Complaint of unfair dismissal presented 10 days later — Whether “reasonably practicable” to present complaint in time — Employment Rights Act 1996, s 111(2)

  1 Words & Phrases considered

  1 Statute considered
• Holtby v Brigham & Cowan (Hull) Ltd

  06 Apr 2000 [2000] ICR 1086; [2000] 3 All ER 421, CA

  Subsequent considerations : 1 positive. Subsequent citations: 28.
  NEGLIGENCE — Foreseeability of risk — Causation
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  NEGLIGENCE — Foreseeability of risk — Causation — Claimant's exposure to asbestos dust during employment with defendant and other employers resulting in asbestosis — Defendant's tortious conduct materially contributing to claimant's disability — Whether defendant liable for whole or part of disability — Whether obliged to plead others' contribution to claimant's condition

  1 Case considered

• WA Armstrong & Sons Ltd v Borrill

  10 Nov 1999 [2000] ICR 367, EAT

  EMPLOYMENT — Redundancy — Payment, calculation of
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  EMPLOYMENT — Redundancy — Payment, calculation of — Agricultural worker's contractual rate of pay “in accordance with Wages … Order less board and lodging” — Whether “week's pay” minimum rate under Order without deduction of board and lodging — Agricultural Wages Act 1948, s 7(1) — Employment Rights Act 1996, s 221(2) — Agricultural Wages Order 1997 (Number 1), s 13

  2 Words & Phrases considered

  2 Statutes considered

  1 Statutory Instrument considered

• Swain v Denso Marston Ltd

  12 Apr 2000 [2000] ICR 1079, CA

  Subsequent citations: 1.
  HEALTH AND SAFETY — Employer's duty — Manual handling operations
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  Case index catchwords

  HEALTH AND SAFETY — Employer's duty — Manual handling operations — Employer not conducting risk assessment of manual handling operation — Whether duty to provide information as to weight of load — Manual Handling Operations Regulations 1992, reg 4(1)(b)

  1 Statutory Instrument considered