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- Date:
- 1 December 1997
- Type:
- Employment law cases
In Goodwin v Cabletel UK Ltd [1997] IRLR 665 EAT, the EAT held that the industrial tribunal had erred in holding that the dismissal of the appellant "designated employee" could not fall within the protection against dismissal for carrying out activities in connection with preventing or reducing risks to health and safety at work provided by the Employment Protection (Consolidation) Act because it was the way in which he carried out his health and safety activities, rather than the actual doing of them, which led to his dismissal.
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- Date:
- 1 November 1997
- Type:
- Employment law cases
In Mennell v Newell & Wright (Transport Contractors) Ltd, the Court of Appeal holds that an employee may have the right not to be unfairly dismissed for asserting a relevant statutory right even though the employer has not actually infringed that right.
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- Date:
- 15 October 1997
- Type:
- Employment law cases
Where a safety representative claims that he or she was subjected to a detriment for performing functions as an acknowledged health and safety representative, it is no defence for the employer to argue that the representative intended to embarrass the company in front of the external safety authorities or performed those functions in an unreasonable way unacceptable to the employer, holds the EAT in Shillito v Van Leer (UK) Ltd.
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- Date:
- 1 October 1997
- Type:
- Employment law cases
The question of where an employee was employed for the purposes of the statutory definition of redundancy is to be answered primarily by a consideration of the factual circumstances which obtained until the dismissal, holds the Court of Appeal in High Table Ltd v Horst and others.
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- Date:
- 1 September 1997
- Type:
- Employment law cases
In Jones v F Sirl & Son (Furnishers) Ltd [1997] IRLR 493 EAT, the EAT held that in deciding whether an employee left employment in consequence of a fundamental breach of contract by the employer, the industrial tribunal must determine whether the repudiatory breach was "the effective cause" of the resignation. It does not have to be the sole cause.
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- Date:
- 1 July 1997
- Type:
- Employment law cases
In Sarker v South Tees Acute Hospitals NHS Trust the EAT holds that an industrial tribunal had jurisdiction to hear a breach of contract claim brought by an employee whose contract of employment was terminated by the employer before the date on which she was due to start work.
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- Date:
- 1 May 1997
- Type:
- Employment law cases
In deciding the fairness of a redundancy selection criterion based on employees' absence records, an industrial tribunal may consider whether the employer took account of the reasons for a particular employee's absence only as one of the factors to be considered in the circumstances of the case, and not as the conclusive factor, the EAT holds in Byrne v Castrol (UK) Ltd.
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- Date:
- 1 May 1997
- Type:
- Employment law cases
In Mugford v Midland Bank plc, the EAT reviews the current situation regarding redundancy consultation in the context of unfair dismissal, observing that consultation with the trade union over selection criteria does not of itself obviate the need for individual consultation.
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- Date:
- 1 May 1997
- Type:
- Employment law cases
In R v Secretary of State for Employment ex parte Seymour-Smith and Perez (13 March 1997) EOR73A, the House of Lords refers questions to the European Court of Justice relating to whether the increase in the qualifying period for bringing a complaint of unfair dismissal from one to two years indirectly discriminated against women contrary to European Community law.
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- Date:
- 15 April 1997
- Type:
- Employment law cases
In Safeway Stores plc v Burrell, the EAT rejects both the "contract test" and the "function test" for determining whether an employee was dismissed by reason of redundancy.