Cases within P

• expand

  Phillips v Xtera Communications Ltd [2011] IRLR 724 EAT (1 report relating to this case)

  • Collective consultation: EAT considers definition of "election" of employee representatives

    Date:

    21 June 2011

    The Employment Appeal Tribunal has held that, in a collective redundancy situation, there will be an election of employee representatives where the number of nominees equates to the number of available places, even where there is no ballot. 

• expand

  Picariello v Star Service Stations Ltd [1993] IT/24293/93 (1 report relating to this case)

  • Man loses claim based on woman swearing

    Date:

    1 September 1994

    A petrol station worker who was embarrassed by his manageress using the word "fuck" did not suffer a detriment within the meaning of the Sex Discrimination Act 1975, according to a Southampton industrial tribunal (Chair: J Hollow) in Picariello v Star Service Stations Ltd.

• expand

  Pinto v Gloucestershire NHS Primary Care Trust EAT/0351/09 (1 report relating to this case)

  • Discipline: Consolidation, with the employee's consent, of old and new allegations at a second disciplinary hearing was fair

    Date:

    15 September 2010

    In Pinto v Gloucestershire NHS Primary Care Trust EAT/0351/09, the EAT held that an employer acted reasonably in dismissing an employee for gross misconduct after she agreed that a final written warning should be set aside, and the allegations that led to it considered in a fresh disciplinary hearing, together with a number of new allegations of misconduct.

• expand

  Plewes v Adam Pork Produce Ltd [2007] ET/2600842/07 (1 report relating to this case)

  • Age discrimination: recent tribunal decisions

    Date:

    24 December 2007

    A review of a number of recent employment tribunal decisions suggests that some employers remain unaware of the implications of, or are struggling with, the Employment Equality (Age) Regulations 2006 (SI 2006/1031), which became law on 1 October 2006. The decisions also demonstrate the approach that the tribunals might take to the question of justification of discrimination and to the assessment of injury to feelings compensation.

• expand

  Pointon v The University of Sussex [1979] IRLR 119 CA (1 report relating to this case)

  • Pointon v The University of Sussex

    Date:

    1 March 1979

    In Pointon v The University of Sussex [1979] IRLR 119 CA, the Court of Appeal held that the appellant's claim under the Equal Pay Act could not be sustained because there was no term in her contract of employment that was less favourable than the equivalent term in the contract of the man with whom she was comparing herself.

• expand

  Polkey v AE Dayton Services Ltd (formerly Edmund Walker (Holdings) Ltd) [1987] IRLR 503 HL (2 reports relating to this case)

  • Unfair dismissal remedies: EAT addresses limits of "Polkey" reductions

    Date:

    1 January 1995

    In a number of recent cases, the EAT has considered the approach industrial tribunals should take when considering reducing unfair dismissal compensation on the grounds that the unfairness was due only to "procedural" failures.

  • Reasonableness: Employer need not actively consider consultation

    Date:

    1 November 1994

    In Polkey v AE Dayton Services Ltd, the House of Lords ruled that a redundancy dismissal will usually be unfair if the employee was not warned or consulted prior to dismissal. But the Lords said there may be exceptions to this rule where the employer, at the time of dismissal, could reasonably take the view that consultation or warnings would be useless.

• expand

  Port of London Authority v Payne and others [1994] IRLR 9 CA (1 report relating to this case)

  • Unfair dismissal remedies: Not practicable to re-engage Tilbury shop stewards

    Date:

    15 December 1993

    When deciding whether to order the re-employment of an unfairly dismissed employee, an industrial tribunal only has to make a "provisional" determination or assessment on the practicability of the employer complying with such an order, holds the Court of Appeal in Port of London Authority v Payne and others.

• expand

  Port of Tilbury (London) Ltd v Birch and others [2005] IRLR 92 EAT (1 report relating to this case)

  • Points of procedure

    Date:

    10 June 2005

    A review of recent significant cases on practice and procedure in the employment tribunals, EAT and Court of Appeal.

• expand

  Post Office v Adekeye (No.2) EAT/625/94 (1 report relating to this case)

  • Ex-employee cannot complain

    Date:

    1 June 1995

    In The Post Office v Adekeye (No.2) the EAT has ruled that an employee who has been summarily dismissed has no separate remedy against being discriminated against in the conduct of an internal appeal hearing.

• expand

  Post Office v Foley; HSBC Bank plc (formerly Midland Bank plc) v Madden [2000] IRLR 827 CA (1 report relating to this case)

  • Unfair dismissal: Tribunals should continue to apply band of reasonable responses and Burchell tests

    Date:

    1 November 2000

    Both the "band or range of reasonable responses" approach to the issue of the reasonableness or unreasonableness of a dismissal and the tripartite "Burchell test" remain binding on the Court of Appeal, as well as on employment tribunals and the EAT, holds the Court of Appeal in Post Office v Foley and HSBC Bank plc (formerly Midland Bank plc) v Madden.