Results: 99

• 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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  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

• King v Sussex Ambulance Service NHS Trust

  05 Jul 2002 [2002] EWCA Civ 953; [2002] ICR 1413, CA

  Subsequent citations: 5.
  HEALTH AND SAFETY — Employer's duty — Manual handling operations

  NEGLIGENCE — Safe system of work — Ambulance crew
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  HEALTH AND SAFETY — Employer's duty — Manual handling operations — Ambulance technician injured carrying patient downstairs — Use of fire brigade to remove patient through window only alternative — Whether “appropriate” measure to reduce risk to ambulance crew — Manual Handling Operations Regulations 1992, reg 4(1) — Council Directive 90/269/EEC, art 3

  NEGLIGENCE — Safe system of work — Ambulance crew — Ambulance technician injured carrying patient downstairs — Balance between public duty and reasonable care to avoid to risk to crew — Whether employer negligent

  1 Case considered

  1 Words & Phrases considered

  1 EU Enactment considered

  1 Statutory Instrument considered
• Consignia plc (formerly The Post Office) v Sealy

  19 Jun 2002 [2002] EWCA Civ 878; [2002] ICR 1193; [2002] 3 All ER 801, CA

  Subsequent considerations : 1 neutral; 2 negative. Subsequent citations: 9.
  EMPLOYMENT — Unfair dismissal — Complaint
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  EMPLOYMENT — Unfair dismissal — Complaint — Time limit — Complaint posted by first class post on Friday before expiry of time limit on Sunday — Complaint failing to arrive until Tuesday — Whether “reasonably practicable” to have presented complaint in time — Regime for service of documents in employment tribunals — Employment Rights Act 1996, s 111(2)

  3 Case(s) considered

  1 Words & Phrases considered

  1 Statute considered

• Walton v Independent Living Organisation Ltd

  26 Feb 2002 [2003] EWCA Civ 199; [2003] ICR 688, CA

  25 Apr 2002 [2002] ICR 1406, EAT

  Subsequent citations: 4.
  EMPLOYMENT — Wages — National minimum wage
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  EMPLOYMENT — Wages — National minimum wage — Carer on call during 72-hour period living with charge — Daily average hours of active caring assessed at under 7 per day — Whether engaged on “time work” or “unmeasured work” — National Minimum Wage Regulations 1999, regs 3, 6, 27, 28(1)

  1 Case considered

  2 Words & Phrases considered

  2 Statutory Instruments considered

• BEC Pension Trustee Ltd v Sheppeck

  30 Jan 2002 [2002] EWHC 101 (Ch); [2002] ICR 1343; [2002] 3 All ER 154, Ch D

  TRUSTS — Pension scheme — Surplus fund
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  TRUSTS — Pension scheme — Surplus fund — Scheme for employees of non-associated employers divided into sections each covering one employer — Some sections in surplus and some in deficit — Proposal for payments to employers of sections in surplus after making statutory provision for members in employer's section — Whether each section “qualifying scheme” for purposes of such provision — Whether statutory provision required for all members of scheme before any payments to employers — Winding up begun prior to commencement of new statutory regime — Whether trustee to comply with notice provisions of new regime — Pension Schemes Act 1993, ss 102(2), 108 — Pensions Act 1995, s 76 — Pensions Act 1995 (Commencement No 10) Order 1997, art 6

  2 Case(s) considered

  1 Words & Phrases considered

  2 Statutes considered

  1 Statutory Instrument considered
• Ako v Rothschild Asset Management Ltd

  01 Mar 2002 [2002] EWCA Civ 236; [2002] ICR 899; [2002] 2 All ER 693, CA

  Subsequent considerations : 3 positive; 3 neutral. Subsequent citations: 16.
  ESTOPPEL — Per rem judicatam — Cause of action estoppel
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  ESTOPPEL — Per rem judicatam — Cause of action estoppel — Applicant withdrawing employment tribunal complaint with intention of replacing it with fresh complaint — Complaint dismissed “on withdrawal” — Applicant presenting second complaint on same facts against original and second respondent — Whether estopped from pursuing second complaint

  3 Case(s) considered

  1 Words & Phrases 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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  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

• Henry v London General Transport Services Ltd

  21 Mar 2002 [2002] EWCA Civ 488; [2002] ICR 910, CA

  03 Dec 2002 (pet dis) [2003] ICR 88, HL(E)

  Subsequent citations: 2.
  EMPLOYMENT — Contract of employment — Collective agreement
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  EMPLOYMENT — Contract of employment — Collective agreement — Employers negotiating revised terms with union — No ballot of employees — Union informing employers majority of 1,500 employees consenting to revised terms — Petition objecting to new terms by 130 employees continuing to work under protest — Proceedings issued by 61 employees two years later — Whether bound by agreement

  2 Case(s) considered

  1 Statute considered

• R (Junttan Oy) v Bristol Magistrates’ Court

  19 Mar 2002 [2002] EWHC 566 (Admin); [2002] ICR 1523; [2003] ICR 1523; [2002] 4 All ER 965; [2003] Crim LR 114, DC

  23 Oct 2003 [2003] UKHL 55; [2003] ICR 1475; [2004] 2 All ER 555, HL(E)

  Subsequent citations: 11.
  HEALTH AND SAFETY — Statutory offence — Manufacturer
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  HEALTH AND SAFETY — Statutory offence — Manufacturer — Machinery causing fatality — Modification made following prohibition notice — Whether Health and Safety Executive required to comply with Community provision for machinery liable to endanger safety before prosecuting — Whether appropriate to prosecute under 1974 Act when Regulations providing for specific offence — Health and Safety at Work etc Act 1974, s 6 (as amended by Consumer Protection Act 1987, s 36, Sch 3, para 2) — Interpretation Act 1978, s 18 — Supply of Machinery (Safety) Regulations 1992, reg 29, Sch 6, para 7 — Council Directive 98/37/EC, art 7

  1 Case considered

  2 EU Enactments considered

  3 Statutes considered

  2 Statutory Instruments considered

• Wilding v British Telecommunications plc

  19 Mar 2002 [2002] EWCA Civ 349; [2002] ICR 1079, CA

  Subsequent citations: 7.
  EMPLOYMENT — Unfair dismissal — Compensation
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  Case index catchwords

  EMPLOYMENT — Unfair dismissal — Compensation — Mitigation of loss — Employee dismissed on medical grounds following back injury — Tribunal finding dismissal unfair — Employee refusing offer of re-engagement on part-time basis — Whether failure to mitigate loss