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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.
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- Date:
- 15 March 1997
- Type:
- Employment law cases
In Digital Equipment Co Ltd v Clements (No.2), the EAT holds that, in calculating the compensatory award for unfair dismissal, any termination payment the employee received from the employer should be deducted from his or her loss caused by the dismissal before reducing that net loss by the percentage chance, if any, that he or she would have been retained had the employer acted fairly.
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- Date:
- 15 March 1997
- Type:
- Employment law cases
An assessment system under which employees were selected for redundancy without individual consultation on the basis of undisclosed marks awarded by their employer gave employees no meaningful opportunity to challenge the decisions made, holds the EAT in John Brown Engineering Ltd v Brown and others.
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- Date:
- 1 January 1997
- Type:
- Employment law cases
In Williams and others v Whitbread Beer Co the Court of Appeal restores the decision of an industrial tribunal that an employer unfairly dismissed three employees for drunken, abusive and violent behaviour in circumstances where the misconduct took place outside work and where it was the employer who had provided the opportunity for the employees to drink.
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- Date:
- 1 December 1996
- Type:
- Employment law cases
In Selkent Bus Co Ltd t/a Stagecoach Selkent v Moore [1996] IRLR 661 EAT, the EAT set out guidance to industrial tribunals on the criteria to take into account in deciding whether to grant leave for amendment of an originating application.
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- Date:
- 1 November 1996
- Type:
- Employment law cases
In Akzo Coatings plc v Thompson and others, the EAT holds that an industrial tribunal erred in law in applying the guidelines on redundancy selection in Williams and others v Compair Maxam Ltd to the way in which an employer dealt with the possibility of alternative employment for redundant employees.
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- Date:
- 1 August 1996
- Type:
- Employment law cases
The unilateral imposition of a continuous rolling shift pattern in place of the traditional shifts previously worked by employees in accordance with their contracts amounted to an express dismissal of those employees, who reserved their right to complain of unfair dismissal even though they worked under the new system, holds the EAT in Alcan Extrusions v Yates and others.
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- Date:
- 15 June 1996
- Type:
- Employment law cases
An industrial tribunal was entitled to find that an employee objected to transferring to a new employer and informed his employer of that objection, holds the EAT in Hay v George Hanson (Building Contractors) Ltd.