Results: 87

• Anya v University of Oxford

  22 Mar 2001 [2001] EWCA Civ 405; [2001] ICR 847, CA

  Subsequent considerations : 1 neutral; 1 negative. Subsequent citations: 56.
  DISCRIMINATION — Evidence — Onus of proof
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  Case index catchwords

  DISCRIMINATION — Evidence — Onus of proof — Two equally qualified candidates for research post — Whether panel's choice affected by racial bias — Need to look for indicators apart from selection interview — Tribunal failing to record findings on relevant issues of fact — Whether decision flawed

  2 Case(s) considered
• Connolly v Sellers Arenascene Ltd

  02 Feb 2001 [2001] EWCA Civ 184; [2001] ICR 760, CA

  Subsequent considerations : 1 positive. Subsequent citations: 3.
  EMPLOYMENT — Contract of employment — Company director
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  Case index catchwords

  EMPLOYMENT — Contract of employment — Company director — Controlling shareholder having service contract with company — Whether “employee” for purpose of unfair dismissal claim — Employment Rights Act 1996, s 230(1)

  1 Case considered

  1 Words & Phrases considered

  1 Statute considered

• Jeromson v Shell Tankers (UK) Ltd (Dawson v Cherry Tree Machine Co Ltd)

  02 Feb 2001 [2001] EWCA Civ 100; [2001] ICR 1223, CA

  Subsequent citations: 3.
  FACTORY — Asbestos dust — Protection

  NEGLIGENCE — Safe system of work — Asbestos
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  Case index catchwords

  FACTORY — Asbestos dust — Protection — Employee mixing for one hour weekly asbestos flock to apply to presses — Whether process to which regulations applicable — Whether carried on “occasionally only” — Asbestos Industry Regulations 1931, reg 2

  NEGLIGENCE — Safe system of work — Asbestos — Marine engineers working in ships' engine rooms in 1950s — Danger from asbestos when disturbed — Liability of employer

  1 Case considered

  1 Words & Phrases considered

  1 Statutory Instrument considered

• Montgomery v Johnson Underwood Ltd

  09 Mar 2001 [2001] EWCA Civ 318; [2001] ICR 819, CA

  Subsequent citations: 20.
  EMPLOYMENT — Contract of employment — Agency worker
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  Case index catchwords

  EMPLOYMENT — Contract of employment — Agency worker — Applicant working part-time on one long-term assignment — Assignment terminated after 2½ years — Complaint of unfair dismissal — Whether applicant “employee” of agency

  4 Case(s) considered

  1 Words & Phrases considered
• Whitbread plc (trading as Whitbread Medway Inns) v Hall

  27 Feb 2001 [2001] EWCA Civ 268; [2001] ICR 699, CA

  Subsequent considerations : 1 positive. Subsequent citations: 6.
  EMPLOYMENT — Unfair dismissal — Reasonableness of dismissal
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  Case index catchwords

  EMPLOYMENT — Unfair dismissal — Reasonableness of dismissal — Employee admitting misconduct — Employer's disciplinary procedure flawed — Whether “band of reasonable responses” test applicable — Employment Rights Act 1996, s 98(4)

  3 Case(s) considered

  1 Statute considered
• Lord Chancellor v Coker

  17 Jan 2001 [2001] ICR 507, EAT

  22 Nov 2001 [2001] EWCA Civ 1756; [2002] ICR 321, CA

  Subsequent considerations : 1 negative. Subsequent citations: 5.
  DISCRIMINATION — Sex — Employment
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  Case index catchwords

  DISCRIMINATION — Sex — Employment — Lord Chancellor appointing special adviser — Post not advertised and applications not sought — Whether direct discrimination — Sex Discrimination Act 1975, s 1(1)(b) — Race Relations Act 1976, s 1(1)(b)

  3 Case(s) considered

  4 Statutes considered

• Quirk v Burton Hospitals NHS Trust

  12 Jan 2001 [2001] ICR 415, EAT

  12 Feb 2002 [2002] EWCA Civ 149; [2002] ICR 602, CA

  DISCRIMINATION — Sex — Equal pay
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  Case index catchwords

  DISCRIMINATION — Sex — Equal pay — Pension scheme — Female nurses retiring at 55 entitled to pension calculated on full pensionable service — Calculation of male nurses' pensions restricted to service after May 1990 — Whether restriction discriminatory — National Health Service Pension Scheme Regulations 1995, reg R2(4) — EC Treaty, art 119

  4 Case(s) considered

  2 EU Enactments considered

  2 Statutory Instruments 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
• Skidmore v Dartford & Gravesham NHS Trust

  22 Feb 2001 [2001] ICR 911, EAT

  15 Jan 2002 [2002] EWCA Civ 18; [2002] ICR 403, CA

  30 May 2002 (pet all) [2002] ICR 798, HL(E)

  22 May 2003 [2003] UKHL 27; [2003] ICR 721; [2003] 3 All ER 292, HL(E)

  Subsequent considerations : 3 neutral. Subsequent citations: 35.
  EMPLOYMENT — Contract of employment — Disciplinary proceedings
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  Case index catchwords

  EMPLOYMENT — Contract of employment — Disciplinary proceedings — Medical practitioner deliberately misleading patient as to problems occuring during operation — Whether personal or professional conduct — Professional conduct to be dealt with by external panel with medical expertise — Practitioner dismissed following internal disciplinary and appeal proceedings — Whether appropriate procedure — Whether likelihood of bias

  7 Case(s) considered

• Hockenjos v Secretary of State for Social Security

  02 May 2001 [2001] EWCA Civ 624; [2001] ICR 966, CA

  Subsequent citations: 2.
  EUROPEAN COMMUNITY — Social security — Equal treatment provisions for men and women
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  Case index catchwords

  EUROPEAN COMMUNITY — Social security — Equal treatment provisions for men and women — Children residing with father for part of each week — Mother receiving child benefit — Father's jobseeker's allowance not including amount for children — Entitlement dependent on receipt of child benefit — Whether discriminatory — Whether jobseeker's allowance providing protection against risk of unemployment — Jobseekers Act 1995, ss 1, 3 — Jobseeker's Allowance Regulations 1996, regs 77(1), 83(b) — Council Directive 79/7/EEC, art 3(1)

  1 EU Enactment considered

  1 Statute considered

  1 Statutory Instrument considered