Cases within P

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  Parkwood Leisure Ltd v Alemo-Herron and others [2011] IRLR 696 SC (1 report relating to this case)

  In Alemo-Herron and others v Parkwood Leisure Ltd Case C-426/11 ECJ, the European Court of Justice held that a transferee is not bound by "dynamic" clauses in contracts of employment referring to collective agreements negotiated after the transfer, where that transferee cannot participate in the negotiation process.

  • TUPE: Supreme Court asks ECJ if transferee has to honour pay agreement signed by transferor

    Date:

    16 June 2011

    The Supreme Court has referred to the European Court of Justice the question of whether or not the TUPE Regulations should be given a "dynamic" interpretation, in the context of a dispute over a transferee's failure to honour the terms of a pay increase made under a collective agreement that was incorporated into the contracts of employment before the transfer. 

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  Parliamentary Commissioner for Administration and another v Fernandez [2004] IRLR 22 EAT (1 report relating to this case)

  • Equal pay: case law update

    Date:

    2 March 2007

    This article looks at some of the significant judgments in the area of equal pay over the past year and their implications.

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  Parr v Whitbread plc t/a Threshers Wine Merchants [1990] IRLR 39 EAT (1 report relating to this case)

  • Misconduct: Group dismissals deemed fair

    Date:

    6 July 1990

    If an employer cannot determine which individual(s), out of a group of possible culprits, are guilty of dishonesty, it may decide to dismiss them all. In Parr v Whitbread plc t/a Threshers Wine Merchants, the EAT holds that such dismissals may be fair, as long as certain criteria are met.

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  Patel and Harewood v T & K Home Improvements Ltd and Johnson [1994] IT/57783/92 (1 report relating to this case)

  • Aggravated damages for failure to apologise

    Date:

    1 December 1994

    In Patel and Harewood v T & K Home Improvements Ltd and Johnson a Bedford industrial tribunal (Chair: C Tribe) awards aggravated damages against an employer who treated workplace notices which contained racially abusive material as a joke during tribunal proceedings and did not offer an apology to the complainants.

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  Paterson v Commissioner of Police of the Metropolis [2007] IRLR 763 EAT (1 report relating to this case)

  • Disability discrimination: Taking promotional exams was a normal day-to-day activity

    Date:

    29 October 2007

    In Paterson v Commissioner of Police of the Metropolis [2007] IRLR 763, the EAT held that a policeman who suffered from dyslexia, which disadvantaged him when undergoing assessment for promotion, had an impairment that had a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities. The dyslexia therefore amounted to a disability within the meaning of the Disability Discrimination Act 1995.

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  Paul v East Surrey District Health Authority [1995] IRLR 305 CA (1 report relating to this case)

  • Misconduct: Inconsistent treatment not established

    Date:

    1 June 1995

    An industrial tribunal was not entitled to find that allegedly inconsistent treatment of employees rendered a dismissal for misconduct unfair, holds the Court of Appeal in Paul v East Surrey District Health Authority.

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  Pay v Lancashire Probation Service [2004] IRLR 129 EAT (1 report relating to this case)

  • Unfair dismissal: Dismissing probation officer for public bondage acts did not violate human rights

    Date:

    6 February 2004

    In Pay v Lancashire Probation Service, the EAT holds that a probation officer with specific responsibility for sex offenders, who was publicly engaged in sadomasochistic activities in his spare time, did not have his rights under the European Convention on Human Rights breached when he was dismissed upon discovery of those activities.

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  Pearce v Roy T Ward (Consultants) Ltd EAT/180/96 (1 report relating to this case)

  • Contract of employment: Wrongful dismissal released employee from contractual obligations

    Date:

    15 February 1997

    An employee who was dismissed without notice in breach of his contract of employment was released from the further performance of that contract and so was not bound by his contractual obligation to repay relocation expenses received from his employer, holds the EAT in Pearce v Roy T Ward (Consultants) Ltd.

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  Pell v Wagstaff and Wheatley Hotel [2000] ET/2801882/99 (1 report relating to this case)

  • Pell v Wagstaff and Wheatley Hotel

    Date:

    31 December 2000

    In Pell v Wagstaff and Wheatley Hotel [2000] ET/2801882/99, an employment tribunal found that Mr Pell had been less favourably treated on the grounds of his sex when he was turned down for a job because he refused to cut his long hair.

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  Peninsula Business Services Ltd v Sweeney [2004] IRLR 49 EAT (2 reports relating to this case)

  • Keeping secrets and not competing

    Date:

    18 November 2005

    A round-up of developments in the implied duty of confidentiality and express contractual terms on confidential information and restraints on competition.

  • Contracts of employment: Employee bound by onerous contractual term

    Date:

    20 February 2004

    In Peninsula Business Services Ltd v Sweeney the EAT holds that a sales executive's contract of employment incorporated the rules governing the employer's commission scheme, which specified that no payments of commission would be made if the employee was no longer in the employment at the date the commission would have been payable. Those rules were clearly set out in a written document that was specifically referred to as forming part of the contract, and which had been signed by the employee.