Results: 107

• Hofmann v Barmer Ersatzkasse

  12 Jul 1984 (Case C-184/83); (Case C-184/83); EU:C:1984:273; [1985] ICR 731; [1984] ECR 3047, ECJ (President Lord Mackenzie Stuart, Presidents of Chambers T Koopmans, K Bahlmann and Y Galmot, Judges P Pescatore, A O'Keeffe G Bosco, O Due, U Everling, C Kakouris and R Joliet Advocate General M Darmon)

  Subsequent considerations : 1 positive; 1 negative. Subsequent citations: 35.
  DISCRIMINATION, SEX — Employment — Maternity leave
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  Case index catchwords

  DISCRIMINATION, SEX — Employment — Maternity leave — Equality of treatment of men and women — Voluntary extension of maternity leave — Available only to mothers — Whether provision for protection of women — Council Directive (76/207/EEC), arts 1, 2, 5(1)

  1 EU Enactment considered

• Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland

  25 Apr 1985 (Case C-207/83); (Case C-207/83); [1985] ICR 714; EU:C:1985:161, ECJ

  Subsequent citations: 2.
  EUROPEAN ECONOMIC COMMUNITY — Free competition — Quantitative restriction
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  Case index catchwords

  EUROPEAN ECONOMIC COMMUNITY — Free competition — Quantitative restriction — Goods to be marked with country of origin — Whether restriction prohibited between member states — EEC Treaty (Cmnd 5179-II), art 30 — Trade Descriptions (Origin Marking) (Miscellaneous Goods) Order 1981, art 1
• Flack v Kodak Ltd

  30 Jul 1985 [1985] ICR 820, EAT

  22 May 1986 [1987] 1 WLR 31; [1986] ICR 775; [1986] 2 All ER 1003, CA

  Subsequent considerations : 1 neutral. Subsequent citations: 8.
  EMPLOYMENT — Continuous employment — Temporary cessation of work
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  Case index catchwords

  EMPLOYMENT — Continuous employment — Temporary cessation of work — Employees working intermittently for over two years — Whether “absent from work on account of a temporary cessation” — Employment Protection (Consolidation) Act 1978, s 81(1)(4), Sch 13, para 9(1)(b) (as amended by Employment Act 1982, s 20, Sch 2, paras 6, 7)

  3 Case(s) considered

  1 Words & Phrases considered
• Thomas v National Union of Mineworkers (South Wales Area)

  11 Feb 1985 [1986] Ch 20; [1985] 2 WLR 1081; [1985] ICR 886; [1985] 2 All ER 1, Ch D (Scott J)

  Subsequent considerations : 1 positive. Subsequent citations: 24.
  INDUSTRIAL RELATIONS — Pickets — Attendance at place
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  Case index catchwords

  INDUSTRIAL RELATIONS — Pickets — Attendance at place — Picketing in large numbers outside colliery gates in furtherance of trade dispute — Arrangements made by individual colliery lodges — Picketing outside miners' homes and other buildings — Picketing accompanied by verbal abuse and threats of violence — Interference with right to use public highway — Whether tortious — Whether union vicariously liable for lodges — Whether individual members of trade union entitled to restrain ultra vires actions by union — Whether secondary picketing necessarily tortuous — Conspiracy and Protection of Property Act 1875, s 7 — Trade Union and Labour Relations Act 1974, ss 13, 15(1) (as amended by Trade Union and Labour Relations (Amendment) Act 1976, s 3(2) and Employment Act 1980, s 16(1)) — Employment Act 1980, ss 16(2), 17

  9 Case(s) considered

  3 Statutes considered
• Birch v University of Liverpool

  23 Jan 1985 [1985] ICR 470, CA

  Subsequent considerations : 1 positive. Subsequent citations: 11.
  EMPLOYMENT — Redundancy — Dismissal

  INDUSTRIAL RELATIONS — Employment Appeal Tribunal — Appeal to
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  Case index catchwords

  EMPLOYMENT — Redundancy — Dismissal — Early retirement scheme — Employee taking advantage of scheme — Employer retaining final decision whether employee to be retired under scheme — Whether contract of employment terminated by employer — Whether employee dismissed by reason of redundancy — Employment Protection (Consolidation) Act 1978, ss 81, 83(2)(a)

  INDUSTRIAL RELATIONS — Employment Appeal Tribunal — Appeal to — Industrial tribunal finding employee dismissed — Whether appeal lay to appeal tribunal

  3 Case(s) considered

• Hindle Gears Ltd v McGinty

  05 Oct 1984 [1985] ICR 111, EAT

  Subsequent citations: 6.
  EMPLOYMENT — Unfair dismissal — Industrial action
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  Case index catchwords

  EMPLOYMENT — Unfair dismissal — Industrial action — Dismissal of workforce on strike — Complaints of unfair dismissal — Employees returning to work before receiving letters of dismissal — Employee participating in strike activity without employers' knowledge — Whether “relevant employees” — Employment Protection (Consolidation) Act 1978, s 62(2)(4) (as amended by Employment Act 1982, s 9)

  1 Words & Phrases 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

• Deria v General Council of British Shipping

  22 Feb 1985 [1985] ICR 847, EAT

  02 Dec 1985 [1986] 1 WLR 1207; [1986] ICR 172, CA

  Subsequent citations: 3.
  DISCRIMINATION, RACE — Employment — Application for employment
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  Case index catchwords

  DISCRIMINATION, RACE — Employment — Application for employment — British ship requisitioned abroad — Not expected to enter British territorial waters — Employment agency recruiting crew for vessel refusing to recruit Somali seamen — Whether lawful discrimination — Whether ship “establishment in Great Britain” — Race Relations Act 1976, ss 4(1), 8(1), 14(1)(4)

  1 Case considered

  1 Words & Phrases 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

• Ellis v Ministry of Defence

  12 Oct 1984 [1985] ICR 257, EAT (Waite J)

  INDUSTRIAL RELATIONS — Industrial tribunals — Procedure
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  Case index catchwords

  INDUSTRIAL RELATIONS — Industrial tribunals — Procedure — Industrial tribunal indicating decision before applicant's evidence — Whether contrary to rules of natural justice