Results: 110

• Green v Governing Body of Victoria Road Primary School

  18 Mar 2003 [2003] ICR 713, EAT

  23 Jan 2004 [2004] EWCA Civ 11; [2004] ICR 684; [2004] 2 All ER 763; [2004] LGR 337, CA

  Subsequent considerations : 1 positive; 3 neutral. Subsequent citations: 5.
  EDUCATION — Teacher — Dismissal
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  Case index catchwords

  EDUCATION — Teacher — Dismissal — Teacher claiming constructively dismissed — Whether governing body and/or local education authority correct respondents to complaint of unfair dismissal — School Standards and Framework Act 1998, Sch 16, para 25 — Education (Modification of Enactments Relating to Employment) Order 1999, art 6

  1 Case considered

  2 Statutes considered

  2 Statutory Instruments considered

• Coxall v Goodyear Great Britain Ltd

  22 Jul 2002 [2002] EWCA Civ 1010; [2003] 1 WLR 536; [2003] ICR 152, CA

  Subsequent citations: 1.
  NEGLIGENCE — Duty of care to whom? — Employee
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  NEGLIGENCE — Duty of care to whom? — Employee — Employee contracting asthma at work — Employers aware of risk to employee's health — Whether in breach of duty in allowing employee to continue in job

  3 Case(s) considered
• Horton v Taplin Contracts Ltd

  08 Nov 2002 [2002] EWCA Civ 1604; [2003] ICR 179, CA

  Subsequent considerations : 1 positive. Subsequent citations: 2.
  HEALTH AND SAFETY — Employer’s liability — Suitability of equipment
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  HEALTH AND SAFETY — Employer’s liability — Suitability of equipment — Claimant injured when scaffolding tower provided by employer upset by deliberate act of fellow employee — Whether employer's duty to provide suitable and stable equipment to be assessed by reference to foreseeable risks — Whether tower safe for “any person at work there” — Provision and Use of Work Equipment Regulations 1992, regs 5, 20 — Construction (Health, Safety and Welfare) Regulations 1996, reg 5

  1 Words & Phrases considered

• McCabe v Cornwall County Council

  19 Dec 2002 [2002] EWCA Civ 1887; [2003] ICR 501, CA

  15 Jul 2004 [2004] UKHL 35; [2005] 1 AC 503; [2004] 3 WLR 322; [2004] ICR 1064; [2004] 3 All ER 991, HL(E)

  Subsequent citations: 50.
  EMPLOYMENT — Contract of employment — Implied term
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  EMPLOYMENT — Contract of employment — Implied term — Employee prior to dismissal subjected to conduct by employer in breach of duty to act fairly — Compensation awarded for unfair dismissal — Subsequent claim for damages in relation to illness caused by employer's conduct prior to dismissal — Whether claim sustainable

  4 Case(s) considered
• R (Britannic Asset Management Ltd) v Pensions Ombudsman

  14 Oct 2002 [2002] EWCA Civ 1405; [2003] ICR 99; [2002] 4 All ER 860, CA

  Subsequent considerations : 1 neutral. Subsequent citations: 2.
  TRUSTS — Pension scheme — Pensions Ombudsman
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  TRUSTS — Pension scheme — Pensions Ombudsman — Insurance company making payments to trustees of pension scheme against company for partial surrender of policy forming part of scheme assets — Complaint of maladministration against company — Whether company “concerned with the … administration of … the scheme” — Whether jurisdiction to entertain complaint — Pension Schemes Act 1993, s 146(4)(b) (as substituted by Pensions Act 1995, s 157) — Personal and Occupational Pension Schemes (Pension Ombudsman) Regulations 1996, regs 1(2), 2(1)

  1 Case considered

  1 Words & Phrases considered

  1 Statute considered

  1 Statutory Instrument considered

• R v Mason (Adrian) (R v Cummins, R v McClelland, R v Sellars, R v Tierney)

  13 Feb 2002 [2002] EWCA Crim 385; [2002] 2 Cr App R 628, CA (Mitchell and Keith JJ)

  Subsequent citations: 4.
  CRIME — Evidence — Discretion to exclude

  NATURAL JUSTICE — Bias — Judge in own cause
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  CRIME — Evidence — Discretion to exclude — Covert tape recording of conversations in cells between suspected offenders after arrest — Whether breach of Convention rights — Whether breach rendering tape recordings inadmissible in evidence — Whether evidence to be excluded — Police and Criminal Evidence Act 1984, s 78 — Human Rights Act 1998, Sch 1, Pt I, art 8(1)

  NATURAL JUSTICE — Bias — Judge in own cause — Judge inferring from skeleton arguments that chief constable's evidence disputed — Disclosure by judge of acquaintance with chief constable in civic capacity — Whether judge required to withdraw from proceedings on grounds of posssible bias

  1 Case considered
• Stanley Cole (Wainfleet) Ltd v Sheridan

  18 Jul 2002 [2003] ICR 297, EAT

  25 Jul 2003 [2003] EWCA Civ 1046; [2003] ICR 1449; [2003] 4 All ER 1181, CA

  Subsequent considerations : 1 positive. Subsequent citations: 11.
  EMPLOYMENT — Unfair dismissal — Dismissed

  INDUSTRIAL RELATIONS — Employment tribunals — Review of decision
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  EMPLOYMENT — Unfair dismissal — Dismissed — Employee with no disciplinary record leaving workplace for 1 hour without permission — Employer imposing final written warning — Whether capable of amounting to repudiatory breach by employer

  INDUSTRIAL RELATIONS — Employment tribunals — Review of decision — Application for review based on evidence not adduced at hearing — Tribunal refusing review and referring to authorities not drawn to parties' attention — Whether refusal unfair — Employment Tribunals (Constitution and Rules of Procedure) Regulations 2001, Sch 1, r 13(1)(e)

  4 Case(s) considered

  1 Statutory Instrument considered
• Ahmed v Governing Body of the University of Oxford

  20 Dec 2002 [2002] EWCA Civ 1907; [2003] 1 WLR 995; [2003] ICR 733; [2003] 1 All ER 915, CA

  Subsequent considerations : 1 negative. Subsequent citations: 4.
  DISCRIMINATION — Race — Assessors, role of
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  DISCRIMINATION — Race — Assessors, role of — University student complaining of racial discrimination by supervisor — County court claim heard by judge and assessors — Whether assessors to assist judge in evaluating evidence — Whether having role in decision making process — Whether assessors' advice to be disclosed to parties prior to judgment — Whether to be recorded in judgment — Race Relations Act 1976, s 67(4)

  1 Case considered

  1 Statute considered
• Evans v The Malley Organisation (trading as First Business Support)

  19 Feb 2002 , EAT (Judge Wilkie QC)

  27 Nov 2002 [2002] EWCA Civ 1834; [2003] ICR 432; [2003] IRLR 156; The Times, 23 January 2003, CA (Pill, Judge and Hale LJJ)

  Subsequent considerations : 1 neutral. Subsequent citations: 5.
  EMPLOYMENT — Working time provisions — Paid annual leave
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  EMPLOYMENT — Working time provisions — Paid annual leave — Employee paid basic wage and commission — Claim for holiday pay at rate including commission — Whether remuneration varying with “amount of work done” — Employment Rights Act 1996, s 221

  1 Case 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