Cases within S

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  Stubbs v (1) Chief Constable of Lincolnshire Police and (2) Walker [1999] ET/38395/96 (1 report relating to this case)

  • Employer liability for work-related social function

    Date:

    1 June 1998

    In Stubbs v Chief Constable Lincolnshire Police and others a Nottingham industrial tribunal (Chair: D R Sneath) holds Lincolnshire's chief constable liable for the unlawful acts of a male police officer who sexually harassed a female colleague in public houses after work.

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  Sukul-Lennard v Croydon Primary Care Trust [2003] All ER (D) 369 (Jul) CA (1 report relating to this case)

  • Points of procedure: part 2

    Date:

    16 April 2004

    The second of our two-part feature on noteworthy decisions in practice and procedure at the employment tribunals and EAT looks at bias, the right to a fair hearing and a range of other issues.

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  Susie Radin Ltd v GMB and others [2004] IRLR 400 CA (1 report relating to this case)

  • Susie Radin v GMB

    Date:

    1 June 2004

    In Susie Radin v GMB and others [2004] IRLR 400 CA, the Court of Appeal held that the employment tribunal had not erred in making a protective award for the maximum period of 90 days in respect of the employers' failure to consult with the union over a proposal to close a factory and dismiss all employees as redundant, notwithstanding the tribunal's finding in relation to the employees' claims of unfair dismissal that, in those circumstances, consultation would have been futile.

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  Sutherland v Hatton [2002] IRLR 263 CA (1 report relating to this case)

  • Employers' liability: Court of Appeal guidelines for stress at work cases

    Date:

    25 March 2002

    In Sutherland v Hatton, the Court of Appeal heard four appeals against county court judgments, related only by their subject matter. In each, a defendant employer appealed against a finding of liability for psychiatric illness caused by stress at work.

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  Sutton & Gates (Luton) Ltd v Boxall [1978] IRLR 486 EAT (1 report relating to this case)

  • Sutton & Gates (Luton) Ltd v Boxall

    Date:

    1 November 1978

    In Sutton & Gates (Luton) Ltd v Boxall [1978] IRLR 486 EAT, the EAT held that the Industrial Tribunal had not erred in holding that the respondent employee's dismissal on grounds of lack of capability was unfair because he had not been given an opportunity to offer an explanation for his poor performance.

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  Süzen v Zehnacker Gebäudereinigung GmbH Krankenhausservice and Lefarth GmbH [1997] IRLR 255 ECJ (1 report relating to this case)

  • Transfer of undertakings: Change in contractor not a business transfer

    Date:

    1 April 1997

    The EC Business Transfers Directive does not apply to a change in the contractor providing contracted-out services, unless there is a concomitant transfer of significant tangible or intangible assets from the existing contractor to the new contractor, or the new contractor takes over a major part of the workforce (in terms of the numbers and skills of employees) assigned to the performance of the contract by its predecessor, rules the European Court of Justice in Süzen v Zehnacker Gebäudereinigung GmbH Krankenhausservice and another.

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  Swain v West (Butchers) Ltd [1936] 3 All ER 261 CA (1 report relating to this case)

  • Swain v West (Butchers) Ltd

    Date:

    31 December 1936

    In Swain v West (Butchers) Ltd [1936] 3 All ER 261 CA, the Court of Appeal held that the employer was entitled to ask an employee about colleagues' misconduct and that these were lawful questions that the employee must answer.

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  Sweeney v J & S Henderson (Concessions) Ltd [1999] IRLR 306 EAT (1 report relating to this case)

  • Continuity of employment: Motive behind "gap" in employment irrelevant for continuity purposes

    Date:

    1 June 1999

    In determining the question of continuity of employment for statutory employment protection purposes, employment tribunals need only examine each relevant week (that is, a week ending on a Saturday) to ascertain whether or not during any part of it an employee was working under a contract of employment for the employer against whom a claim is brought, holds the EAT in Sweeney v J & S Henderson (Concessions) Ltd.

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  Sweetin v Coral Racing [2006] IRLR 252 EAT (2 reports relating to this case)

  • TUPE case law update

    Date:

    2 February 2007

    This article looks at some of the important judgments in the area of the transfer of undertakings over the past year.

  • Transfer of undertakings: Compensation for failure to consult on TUPE transfer

    Date:

    7 April 2006

    In Sweetin v Coral Racing, the EAT holds that awards of compensation for a failure to inform and consult about staff transfers under the Transfer of Undertakings (Protection of Employment) Regulations should be penal and not compensatory. 

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  Symbian Ltd v Christensen [2001] IRLR 77 CA (1 report relating to this case)

  • Restrictive covenants: Limited enforcement of exclusive service provision during garden leave was justified

    Date:

    1 November 2000

    A provision of a contract of employment preventing the employee from working for any other business during the term of the contract could be enforced by an injunction limited to restraining the employee, during the remainder of a period of garden leave, from being employed by or advising a competitor of the employer, holds the Court of Appeal in Symbian Ltd v Christensen.