Results: 93

• Burton v British Railways Board

  16 Feb 1982 (Case C-19/81) (Case C-19/81); EU:C:1982:58; [1982] QB 1080; [1982] 3 WLR 387; [1982] ICR 329; [1982] 3 All ER 537; [1982] ECR 555; [1982] IRLR 116; (1982) 126 SJ 480, ECJ (Judge Bosco (President))

  25 Oct 1982 (Costs) [1983] ICR 544; [1983] 1 All ER 1094; [1981] 3 CMLR 100; [1981] IRLR 16, EAT (Slynn J)

  Subsequent considerations : 1 positive; 1 neutral; 2 negative. Subsequent citations: 32.
  DISCRIMINATION, SEX — Employment — Less favourable treatment

  INDUSTRIAL RELATIONS — Employment Appeal Tribunal — Costs
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  Case index catchwords

  DISCRIMINATION, SEX — Employment — Less favourable treatment — Voluntary redundancy scheme for employees within five years of retirement — Male employee refused access to scheme because of age — Women employees of same age eligible — Whether benefit under scheme pay — Whether benefit concerned with working conditions — EEC Treaty (Cmnd 5179–II), art 119 — Council Directive (75/117/EEC) art 1 — Council Directive (76/207/EEC), arts 1(1), 2(1), 5(1)

  INDUSTRIAL RELATIONS — Employment Appeal Tribunal — Costs — Reference to European Court of Justice — Costs of reference reserved to appeal tribunal — Limitation on powers of appeal tribunal to award costs — Employment Appeal Tribunal Rules 1980, r 27

  3 EU Enactments considered

  1 Statutory Instrument considered
• Roberts v Tate & Lyle Food and Distribution Ltd (Barber v Guardian Royal Exchange Assurance Group)

  30 Mar 1983 [1983] ICR 521, EAT

  26 Feb 1986 [1986] ICR 371; [1986] 2 All ER 602, ECJ

  Subsequent considerations : 1 positive. Subsequent citations: 20.
  DISCRIMINATION, SEX — Employment — Retirement
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  Case index catchwords

  DISCRIMINATION, SEX — Employment — Retirement — Severance terms in redundancy situation offering early retirement — Benefits unequal as between men and women — Whether unlawful discrimination — Sex Discrimination Act 1975, s 6(4) — EEC Treaty (Cmnd 5179-II), art 119

  3 Case(s) considered

  2 EU Enactments considered
• Westwood v Secretary of State for Employment

  20 May 1982 [1982] ICR 534, EAT

  28 Jun 1983 [1985] AC 20; [1983] 3 WLR 730; [1983] ICR 820, CA

  15 Mar 1984 [1985] AC 20; [1984] 2 WLR 418; [1985] ICR 209; [1984] 1 All ER 874, HL(E)

  Subsequent considerations : 1 positive. Subsequent citations: 21.
  EMPLOYMENT — Employer's insolvency — Debt due to employee
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  Case index catchwords

  EMPLOYMENT — Employer's insolvency — Debt due to employee — Dismissal without notice or payment in lieu — Employee receiving social security benefits — Whether Secretary of State entitled to deduct benefits from notice payment — Whether employee under duty to mitigate loss — Employment Protection (Consolidation) Act 1978, ss 49(1), 50(1), 51, 122(1)(3), Sch 3, paras 2, 7(1)

  7 Case(s) considered

• Howman & Son v Blyth

  04 Feb 1983 [1983] ICR 416, EAT

  Subsequent citations: 1.
  EMPLOYMENT — Contract of employment — Implied term
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  Case index catchwords

  EMPLOYMENT — Contract of employment — Implied term — Sick pay — Statement of terms of employment not provided — Employee entitled to sick pay — Rate — Whether term to be implied as to duration of payment — Employment Protection (Consolidation) Act 1978, s 1(3)(d)(ii)

  2 Case(s) considered
• Sengupta v Republic of India

  17 Nov 1982 [1983] ICR 221, EAT

  Subsequent considerations : 2 positive. Subsequent citations: 15.
  CONFLICT OF LAWS — Sovereign immunity — Contract of employment
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  Case index catchwords

  CONFLICT OF LAWS — Sovereign immunity — Contract of employment — Indian national dismissed from employment at High Commission — Complaint of unfair dismissal — Claim of sovereign immunity — Whether industrial tribunal having jurisdiction to hear complaint — State Immunity Act 1978, ss 1(1), 4, 23(3)

  1 Case considered

• Stonehill Furniture Ltd v Phillippo

  09 Mar 1983 [1983] ICR 556, EAT

  INDUSTRIAL RELATIONS — Industrial tribunals — Review of decision
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  Case index catchwords

  INDUSTRIAL RELATIONS — Industrial tribunals — Review of decision — Application for review of dismissal of complaint — Application based on fresh evidence — Industrial tribunal substituting finding of unfair dismissal — Whether valid “variation” of order — Industrial Tribunals (Rules of Procedure) Regulations 1980, Sch 1, r 10

  1 Statutory Instrument considered

• Kenny v Vauxhall Motors Ltd

  17 Dec 1982 [1983] ICR 560, QBD

  19 Feb 1985 [1985] ICR 535, CA

  EMPLOYMENT — Contract of employment — Implied term
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  Case index catchwords

  EMPLOYMENT — Contract of employment — Implied term — Pay of inspectors protected at higher grade — Additional supplement paid to group of craftsmen on higher grade — Whether inspectors entitled to payment of supplement

  1 Case considered

• Power Packing Casemakers Ltd v Faust

  17 Dec 1980 [1981] ICR 484, EAT

  18 Jan 1983 [1983] QB 471; [1983] 2 WLR 439; [1983] ICR 292; [1983] 2 All ER 166, CA

  Subsequent citations: 11.
  EMPLOYMENT — Unfair dismissal — Industrial action
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  Case index catchwords

  EMPLOYMENT — Unfair dismissal — Industrial action — Refusal to work overtime — No breach of contract — Whether employees taking part in “other industrial action” — Whether jurisdiction to hear complaints of unfair dismissal — Employment Protection (Consolidation) Act 1978, s 62(1)(b)

  3 Case(s) considered

  1 Words & Phrases considered

• Stannard & Co (1969) Ltd v Wilson

  11 Feb 1982 [1983] ICR 86, EAT

  Subsequent citations: 1.
  INDUSTRIAL RELATIONS — Employment Appeal Tribunal — Costs
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  Case index catchwords

  INDUSTRIAL RELATIONS — Employment Appeal Tribunal — Costs — Legal advice obtained before pursuing appeal — Appeal disclosing no point of law — Order for costs — Application for review — Whether unreasonable conduct to pursue appeal — Employment Appeal Tribunal Rules 1980, rr 26, 27

  1 Statutory Instrument considered
• Iceland Frozen Foods Ltd v Jones

  29 Jul 1982 [1983] ICR 17; [1982] IRLR 439; The Times, 5 August 1982, EAT (Browne-Wilkinson J, Mr J P Bell and Mrs M Boyle)

  Subsequent considerations : 5 positive. Subsequent citations: 56.
  EMPLOYMENT — Unfair dismissal — Reasonableness of dismissal
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  Case index catchwords

  EMPLOYMENT — Unfair dismissal — Reasonableness of dismissal — Misconduct — Foreman's failure to secure warehouse — Dismissal — Finding that employer unreasonable in treating conduct as ground for dismissal — Test of whether employer acting reasonably — Employment Protection (Consolidation) Act 1978 (c 44), s 57 (3) (as amended by Employment Act 1980 (c 42), s 6)

  2 Case(s) considered

  1 Statute considered