Cases within D

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  Duncanson v South Ayrshire Council [1999] SLT S19 CS (1 report relating to this case)

  • Duncanson v South Ayrshire Council

    Date:

    31 December 1999

    In Duncanson v South Ayrshire Council [1999] SLT S19 CS, the Court of Session held that a steel cabinet within a nursery was work equipment for the purposes of the Provision and Use of Work Equipment Regulations 1992.

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  Duncombe and others v Secretary of State for Children, Schools and Families (No. 2) [2011] IRLR 840 SC (1 report relating to this case)

  The Supreme Court also refused permission for the Ministry of Defence to appeal in the very similar case of Ministry of Defence v Wallis and another [2011] EWCA Civ 231 CA.

  • Teachers working abroad in European Schools can bring UK unfair dismissal claims

    Date:

    20 July 2011

    The Supreme Court has held that teachers employed by the Government to work in European Schools, which it described as "international enclaves", are entitled to bring unfair dismissal claims in the UK. 

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  Duncombe and others v Secretary of State for Children, Schools and Families [2011] IRLR 498 SC (2 reports relating to this case)

  The Supreme Court, the highest court in the UK, disagreed with all the lower courts on this issue. The employment tribunal, the Employment Appeal Tribunal, and the Court of Appeal had all held that the use of successive fixed-term contracts was not objectively justified.

  • Tribunal jurisdiction: Teachers employed abroad by Government can bring unfair dismissal claims in Great Britain

    Date:

    8 November 2011

    In Duncombe and others v Secretary of State for Children, Schools and Families [2011] IRLR 498 SC, the Supreme Court held that the employment of teachers seconded to European Schools on successive fixed-term contracts was objectively justified. However, the teachers could bring unfair dismissal claims in Great Britain in respect of the non-renewal of those contracts, even though they worked wholly abroad.

  • Successive fixed-term contracts of nine years not converted into permanent contracts

    Date:

    4 April 2011

    The Supreme Court has held that it was objectively justified to employ teachers on successive fixed-term contracts amounting to nine years in total, and that these contracts were not converted into permanent contracts. 

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  Dundee City Council v Sharp EATS/0009/11 (1 report relating to this case)

  • Case of the week: Dismissal due to long-term sickness absence

    Date:

    17 January 2012

    This week's case of the week, provided by DLA Piper, covers dismissal due to long-term sickness absence.

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  Dunk v George Waller and Son [1970] 2 All ER 630 CA (1 report relating to this case)

  • Dunk v George Waller and Son

    Date:

    31 December 1970

    In Dunk v George Waller and Son [1970] 2 All ER 630 CA, the Court of Appeal held that the purpose of an apprenticeship agreement is for the apprentice to receive training in order to obtain better employment, and if the employer terminates the agreement and deprives the apprentice of the training, the apprentice is entitled to earnings under the agreement for the remainder of the apprenticeship and damages for future loss of earnings and prospects.

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  Dunn and another v AAH Ltd [2010] IRLR 709 CA (1 report relating to this case)

  • Breach of contract: Failure to report potential fraud to parent company was fundamental breach

    Date:

    28 July 2010

    In Dunn and anor v AAH Ltd [2010] EWCA Civ 183 CA, the Court of Appeal held that an employee was guilty of gross misconduct in failing to report a serious financial risk faced by his employer to its parent company. His contract expressly required such a report to be made, and it was not sufficient that he had reported all relevant matters to his line manager.

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  Dunn v Institute of Cemetery and Crematorium Management EAT/0531/10 (1 report relating to this case)

  Doubt was cast on this decision almost immediately by the EAT in Hawkins v Atex Group Ltd and others [2012] IRLR 807 EAT, the decision in which was handed down just after the ruling in this case.

  • Marriage discrimination: Less favourable treatment of employee on ground that she was married to a particular person amounted to discrimination

    Date:

    2 June 2012

    In Dunn v Institute of Cemetery and Crematorium Management EAT/0531/10, the EAT held that less favourable treatment accorded to an employee on the ground that she was married to a particular person, rather than because of her marital status per se, amounted to unlawful discrimination on the ground of marriage.

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  Dunnachie v Kingston Upon Hull City Council [2004] IRLR 287 CA (1 report relating to this case)

  • Unfair dismissal: Tribunals empowered to make awards for non-economic loss

    Date:

    2 April 2004

    In Dunnachie v Kingston upon Hull City Council, the Court of Appeal holds that the comments by Lord Hoffmann in Johnson v Unisys, to the effect that the interpretation of (what is now) s.123 of the Employment Rights Act 1996 given in Norton Tool Co Ltd v Tewson was too narrow in limiting unfair dismissal compensation to economic losses, were obiter and did not bind the Court in the present case.

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  Dunnachie v Kingston-Upon-Hull City Council [2004] IRLR 727 HL (1 report relating to this case)

  • Compensation: No non-economic loss awards in unfair dismissal compensation

    Date:

    24 September 2004

    In Dunnachie v Kingston-upon-Hull City Council, the House of Lords holds that Lord Hoffman's comments in Johnson were obiter and, therefore, did not prevent the House of Lords from finding that unfair dismissal compensation should be restricted to economic losses only.

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  Dutton v Hawker Siddeley Aviation Ltd [1978] IRLR 390 EAT (1 report relating to this case)

  • Redundancy: Employee does not need to have job interview to have right to time off to look for work

    Date:

    9 August 1978

    S.61 of the Employment Protection Act provides a right for employees who have been given notice of dismissal by reason of redundancy to be allowed reasonable time off during working hours to look for new employment or make training arrangements. In Dutton v Hawker Siddeley Aviation Ltd, the Employment Appeal Tribunal has its first opportunity to consider this section. Several principles emerge from the EAT's decision.