Contract of Employment - Whether established The Claimant was a part time Rugby Coach. The Employment Tribunal found that he had freely elected to be paid as an independent contractor though a limited company he acquired for the purpose, rather than on a PAYE basis. He rendered invoices subject to VAT for a gross fee for coaching services rendered by him. The E.T. found that certain factors in the relationship between the Claimant and Respondents were more consistent with employment as opposed ...
|
Jurisdictional Points - Worker, employee or neither Hospital bank porter. Whether an employee? Absence of mutuality of obligations. Prater (CA) and N.W. Probation v Edwards (EAT) distinguished. Employment Tribunal entitled to find he was not employed under a succession of short engagements. He could, on the facts, be sent home during a shift if no longer required to work, without pay, for the remainder of the shift.
|
Practice and Procedure - Postponement or stay General stay of Employment Tribunal proceedings; Employment Tribunal Rules 11 & 12 – application for order “ex parte”; Employment Tribunal intention not to serve order on other party. Third Party confidentiality and possible P.1.1. Joinder of Third Party. Right to have application for original application to be revoked heard. Appeal allowed; matter remitted for revocation application to be heard.
|
Jurisdictional Points - Working outside the jurisdiction This is an appeal on jurisdiction in an unfair dismissal claim. Claimant was employed by the respondents, a Singapore company, as a storeman working in the offshore industry. He worked on an oil rig registered in Singapore operated by a company registered in the UK when it was in the Gulf of Mexico and, latterly, when it was off the coast of Nigeria. He was dismissed and sought to pursue a claim of unfair dismissal before the ...
|
Jurisdictional Points - 2002 Act and pre-action requirements Constructive dismissal – Tribunal wrong to have held that the complaints relied on by the Claimant had not been the subject of a prior grievance – Cyprus Airways Ltd v Lambrou UKEAT/0526/06 considered.
|
Practice and Procedure - Bias, misconduct and procedural irregularity Appeal dismissed. No error of law in the Tribunal’s reasoning and no bias or procedural irregularity. Appeal misconceived; costs awarded.
|
Contract of Employment - Notice and pay in lieu The employer dismissed the employee with immediate effect but notwithstanding this paid her six months notice. The Claimant argued that by this payment the employer had waived the dismissal without notice and that she was entitled to be compensated for the loss of pension right for that period. The EAT dismissed the appeal and accepted that the test was whether the employer was entitled to dismiss the employee and that there was copio ...
|
Statutory Discipline and Grievance Procedures - Whether infringed The Tribunal erred in law in finding that the Appellant had not complied with the requirements of step 2 of the Standard Dismissal and Disciplinary Procedure (Schedule 3 to the Employment Act 2002). Finding of automatic unfair dismissal, and consequential increase in award by virtue of section 31(3) set aside. The Tribunal did not err in law in finding the dismissal to be substantively unfair. Nor did it err in law i ...
|
Jurisdictional Points - Extension of time: reasonably practicable An Employment Tribunal is entitled to hold that it is not reasonably practicable for a Claimant to present a dismissal claim while an internal procedure is ongoing, anticipating reliance on Regulation 15 of the 2004 Regulations. Such a finding can also cover a short period of time before the deadline expires: see Ashcroft. Separately, Regulation 15 is directly applicable only when the Claimant reasonably believes, up to the ex ...
|
Jurisdictional Points - Extension of time: just and equitable This is an appeal regarding the adequacy of the Tribunal’s reasoning for finding that it was not just and equitable to extend time for the Claimant to bring a claim of disability discrimination. Given the factual findings and the paucity of reasoning in the conclusions, the appeal was allowed and the matter remitted.
|
| 1 2 3 4 5 6 7 8 9 10 ... |