Cases within B

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  Breakell v Shropshire Army Cadet Force EAT/0372/10 (1 report relating to this case)

  • Paid volunteer is not an employee under DDA where no mutuality of obligation exists

    Date:

    18 April 2011

    The Employment Appeal Tribunal has confirmed that a paid volunteer is not an employee for the purposes of the Disability Discrimination Act 1995 where there is no mutuality of obligation between the parties. 

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  Bridgewater Paper Company Ltd v Hillyer and another EAT/0376/09 (1 report relating to this case)

  • Tribunal's literal interpretation of long-term disability scheme was correct

    Date:

    21 February 2011

    The Employment Appeal Tribunal has held that, on its true construction, a company's long-term disability scheme applied to employees who were permanently incapable of employment in any capacity, rather than merely incapable of working for the company. 

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  Brigden v American Express Bank Ltd [2000] IRLR 94 HC (1 report relating to this case)

  • Exemption clauses: Contract of employment was "consumer contract"

    Date:

    15 December 1999

    Section 3 of the Unfair Contract Terms Act 1977, which applies as between contracting parties where one "deals as consumer" to prevent the other from excluding or restricting any liability of his or hers for breach of contract, extends to contracts of employment, holds the High Court in Brigden v American Express Bank Ltd.

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  Briggs v Oates [1990] IRLR 472 HC (1 report relating to this case)

  • Contracts of employment: Wrongful dismissal prevents reliance on "restraint of trade" clause

    Date:

    6 June 1990

    Where an employee is wrongfully dismissed, any outstanding contractual obligations of the injured employee are extinguished upon the ending of the employment contract, holds the High Court in Briggs v Oates.

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  Briscoe v Lubrizol Ltd [2002] IRLR 607 CA (1 report relating to this case)

  • Contracts of employment: Dismissal for "good cause" terminates long-term sickness benefits

    Date:

    10 January 2003

    An employee on long-term sick leave who failed to maintain communication with his employer regarding his continued absence, and who had not provided continuous medical certificates, was lawfully dismissed so as to terminate any entitlement to benefits under the employer's permanent health insurance scheme, the Court of Appeal holds in Briscoe v Lubrizol Ltd.

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  Bristow v Secretary of State for Defence [1994] IT/01965/93 (1 report relating to this case)

  • Cannock decision criticised

    Date:

    1 December 1994

    In Bristow v Secretary of State for Defence a London South industrial tribunal (Chair: T J Mason) has expressed doubt about aspects of the guidance given by the EAT in Ministry of Defence v Cannock and others EOR57E on assessing compensation for servicewomen who were dismissed contrary to EC law because of their pregnancy.

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  British Aerospace plc v Green and others [1995] IRLR 433 CA (1 report relating to this case)

  • Redundancy: Discovery of assessment forms must relate to issues raised

    Date:

    1 July 1995

    In British Aerospace plc v Green, the Court of Appeal considers the guiding principles for ordering discovery of marked assessment forms in cases where redundant employees claim that they were unfairly selected.

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  British Airports Authority v Ashton and others [1983] IRLR 287 HC (1 report relating to this case)

  • Industrial action: Byelaw renders picketing unlawful

    Date:

    26 July 1983

    Peaceful picketing at or near a person's own place of work for the purpose of obtaining or communicating information, or persuading others not to work, is lawful if it is in contemplation of furtherance of a trade dispute. However, this does not give the right to contravene byelaws made in pursuance of a power conferred by statute, holds the High Court in British Airports Authority v Ashton and others.

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  British Airways (European Operations at Gatwick) Ltd v Moore and Botterill [2000] IRLR 296 EAT (1 report relating to this case)

  • Suspension on maternity grounds: Alternative work offered to employees suspended on maternity grounds was unsuitable

    Date:

    15 April 2000

    Pregnant cabin crew who volunteered for ground duties to which they were deployed were not offered "suitable alternative work" within the meaning of s.67(2) of the Employment Rights Act 1996, because the terms and conditions applicable to that alternative work were substantially less favourable than the corresponding terms and conditions for their normal work, holds the EAT in British Airways (European Operations at Gatwick) Ltd v Moore and another.

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  British Airways plc v Noble and another [2006] IRLR 533 CA (1 report relating to this case)

  • British Airways Plc v Noble and another

    Date:

    12 May 2006

    In British Airways plc v Noble and another [2006] IRLR 533 CA, the Court of Appeal has held that a reduction of 4/52 in employees' shift pay, spread evenly throughout the year, is not a breach of the Working Time Regulations 1998.