Cases within T

• expand

  Teinaz v London Borough of Wandsworth [2002] IRLR 721 CA (1 report relating to this case)

  • Points of procedure: part 1

    Date:

    5 March 2004

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

• expand

  Tesco Stores Ltd v Pook and others [2004] IRLR 618 CA (1 report relating to this case)

  • Contracts of employment: Duty to disclose own breach of fiduciary obligation

    Date:

    22 October 2004

    In Tesco Stores Ltd v Pook the High Court holds that that a secret receipt of payment through fraudulent invoices by a senior employee, as a bribe from a company doing business with his employer, gave rise to a conflict of interest and was tantamount to a secret commission.

• expand

  Thames Water Utilities v Reynolds [1996] IRLR 186 EAT (1 report relating to this case)

  • Holiday pay: Holiday pay calculation should be based on calendar day

    Date:

    1 April 1996

    In Thames Water Utilities v Reynolds, the EAT holds that the Apportionment Act 1870 applied to the computation of a day's annual holiday pay to which an employee was contractually entitled on termination of his employment, and that the meaning of "a day" for these purposes is a calendar day rather than a working day.

• expand

  The Bakers' Union v Clarks of Hove Ltd [1978] IRLR 366 CA (1 report relating to this case)

  • The Bakers' Union v Clarks of Hove Ltd

    Date:

    1 August 1978

    In The Bakers' Union v Clarks of Hove Ltd [1978] IRLR 366 CA, the Court of Appeal held that the EAT had incorrectly set aside the finding by the Industrial Tribunal that the employers' insolvency was not a special circumstance rendering it not reasonably practicable for them to comply with the redundancy consultation provisions of the Employment Protection Act, section 99.

• expand

  The County Council of Avon v Howlett [1983] IRLR 171 CA (1 report relating to this case)

  • Contracts of employment: Overpayment of wages

    Date:

    22 February 1983

    Where an employer has mistakenly overpaid an employee, the money can be recovered if it was paid because of a mistake of fact. However in a warning to employers operating computerised payment systems, the Court of Appeal in The County Council of Avon v Howlett holds that the defence of estoppel may operate to prevent recovery of all the money even if the employee has spent only some of it.

• expand

  The Home Office v Holmes [1984] IRLR 299 EAT (1 report relating to this case)

  • Discrimination: Ban on part-timers unjustified

    Date:

    7 August 1984

    In The Home Office v Holmes, the EAT holds that a ban on part-time work can amount to unlawful sex discrimination.

• expand

  The Manchester College v Hazel and another EAT/0642/11 & EAT/0136/12 (2 reports relating to this case)

  • TUPE: Post-transfer harmonisation dismissal did not entail "changes in the workforce"

    Date:

    6 February 2013

    In The Manchester College v Hazel and another EAT/0642/11 & EAT/0136/12, the EAT upheld a ruling by the employment tribunal that dismissals as a result of post-TUPE-transfer harmonisation were automatically unfair because they did not constitute an ETO reason "entailing changes in the workforce".

  • TUPE: Harmonisation after a redundancy process did not constitute an ETO reason entailing changes in the workforce

    Date:

    13 September 2012

    The Employment Appeal Tribunal has held that the tribunal was correct to find that the respondent did not have an economic, technical or organisational (ETO) defence in respect of the two claimants, who were dismissed as a result of harmonisation following a post-TUPE transfer redundancy process. 

• expand

  The Ottoman Bank v Chakarian [1930] AC 277 JCPC (1 report relating to this case)

  • The Ottoman Bank v Chakarian

    Date:

    31 December 1930

    In The Ottoman Bank v Chakarian [1930] AC 277 JCPC, the Judicial Committee of the Privy Council held that an employee can refuse to transfer to a geographical area where the employee would be at personal risk.

• expand

  The Post Office v PA Mughal [1977] IRLR 178 EAT (1 report relating to this case)

  • The Post Office v PA Mughal

    Date:

    1 May 1977

    In Post Office v PA Mughal [1977] IRLR 178 EAT, the EAT established that the general test of fairness in dismissing a probationary employee is whether the employer took reasonable steps to maintain appraisal of the probationer throughout the probationary period, giving guidance by advice or warning, and whether an honest effort was made to determine whether he or she came up to the required standard.

• expand

  Thomas and others v National Union of Mineworkers (South Wales Area) and others [1985] IRLR 136 HC (1 report relating to this case)

  • Industrial action: Injunctions restraining unlawful picketing

    Date:

    2 April 1985

    In what was perhaps the most significant of all the cases arising out of the miners' dispute, Thomas & others v National Union of Mineworkers (South Wales Area) & others, the High Court grants injunctions restraining picketing of colliery gates in numbers greater than six.