Results: 104

• Bank of Credit and Commerce International SA v Ali (No 2)

  25 Jun 1999 [2000] ICR 1354; [1999] 4 All ER 83, Ch D (Lightman J)

  31 Jan 2002 [2002] EWCA Civ 82; [2002] ICR 1258; [2002] 3 All ER 750, CA

  Subsequent considerations : 1 neutral. Subsequent citations: 16.
  EMPLOYMENT — Contract of employment — Implied term
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  EMPLOYMENT — Contract of employment — Implied term — Employer in liquidation reputed to have acted fraudulently — Redundant employees proving in liquidation for compensation for loss of employment prospects — Whether employer's breach of implied obligation of good faith cause of employees' failure to obtain further employment — Whether employees entitled to stigma damages

  8 Case(s) considered

• Angestelltenbetriebsrat der Wiener Gebietskrankenkasse v Wiener Gebietskrankenkasse

  11 May 1999 (Case C-309/97); [2000] ICR 1134; EU:C:1999:241, ECJ

  Subsequent citations: 7.
  DISCRIMINATION — Sex — Equal pay
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  DISCRIMINATION — Sex — Equal pay — Same work — Graduate psychologists and graduate doctors performing same psychotherapist work — Whether performing “same work” in view of different training and qualifications — EC Treaty, art 119 — Council Directive (75/117/EEC), art 1

  1 Case considered

  1 EU Enactment considered
• Allen v Amalgamated Construction Co Ltd

  02 Dec 1999 (Case C-234/98); [2000] ICR 436; EU:C:1999:594, ECJ

  Subsequent considerations : 1 positive. Subsequent citations: 20.
  EMPLOYMENT — Transfer of undertaking — Whether relevant transfer
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  EMPLOYMENT — Transfer of undertaking — Whether relevant transfer — Transfer between subsidiary companies in same corporate group — Criteria for determining whether relevant transfer — Council Directive (77/187/EEC), art 1(1)

  4 Case(s) considered

  1 EU Enactment considered
• Sirdar v Army Board

  26 Oct 1999 (Case C-273/97); EU:C:1999:523; [2000] ICR 130, ECJ

  Subsequent considerations : 1 neutral. Subsequent citations: 27.
  DISCRIMINATION — Sex — Employment

  EUROPEAN UNION — Equal treatment for men and women — Refusal to employ a woman as a chefin the Royal Marines
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  DISCRIMINATION — Sex — Employment — Armed forces — Refusal to employ woman as chef in Royal Marines — Whether contrary to Community principle of equal treatment — Whether exclusion of women from service in Royal Marines justifiable — Sex Discrimination Act 1975, s 85(4) (as substituted by Sex Discrimination Act 1975 (Application to Armed Forces etc) Regulations 1994, reg 2(a)) — Council Directive (76/207/EEC), art 2(2)

  EUROPEAN UNION — Equal treatment for men and women — Refusal to employ a woman as a chefin the Royal Marines
• Preston v Wolverhampton Healthcare NHS Trust (Fletcher v Midland Bank plc)

  13 Feb 1997 [1997] ICR 899, CA

  05 Feb 1998 [1998] 1 WLR 280; [1998] ICR 227; [1998] 1 All ER 528, HL(E)

  16 May 2000 (Case C-78/98); EU:C:2000:247; [2001] 2 AC 415; [2001] 2 WLR 408; [2000] ICR 961, ECJ

  Subsequent considerations : 4 positive; 4 neutral; most recently considered: 2023. Subsequent citations: 96.
  DISCRIMINATION — Sex — Equal pay

  EUROPEAN UNION — Social policy — Men and women
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  DISCRIMINATION — Sex — Equal pay — Part-time employees' retrospective claims time-barred and restricted by national legislation — Whether legislation compatible with Community law — Questions for reference to European Court of Justice — Successive contracts of employment with same employer — Whether “the employment” limited to specific contract — Equal Pay Act 1970, s 2(4)(5) (as amended by Sex Discrimination Act 1975, s 8(6), Sch 1 Pt 1, para 2 and modified by Occupational Pension Schemes (Equal Access to Membership) Regulations 1976, reg 12(1)) — EC Treaty, art 119

  DISCRIMINATION — Sex — Equal pay — Part-time employees' retrospective claims time-barred and restricted by national legislation — Whether legislation compatible with Community law — Principles of effectiveness and equivalence — Equal Pay Act 1970, s 2(4)(5) (as amended by Sex Discrimination Act 1975, s 8(6), Sch 1, Pt I, para 2 and modified by Occupational Pension Schemes (Equal Access to Membership) Regulations 1976, reg 12(1)) — EC Treaty, art 119

  EUROPEAN UNION — Social policy — Men and women — Equal pay — Membership of an occupational pension scheme — Part-time workers — Exclusion — National procedural rules — Principle of effectiveness — Principle of equivalence

  10 Case(s) considered

  1 Words & Phrases considered

  5 EU Enactments considered

  1 Statute considered

• Beedell v West Ferry Printers Ltd

  07 Jul 2000 [2000] ICR 1263, EAT

  15 Mar 2001 [2001] EWCA Civ 400; [2001] ICR 962, CA

  Subsequent citations: 5.
  EMPLOYMENT — Unfair dismissal — Reasonableness of dismissal

  PRACTICE — Appeal — Permission to appeal
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  EMPLOYMENT — Unfair dismissal — Reasonableness of dismissal — Fighting in workplace — Long-standing employee with unblemished record — Whether band of reasonable responses appropriate test of fairness — Whether necessary for tribunal to refer to Code of Practice — Employment Rights Act 1996, s 98(1)(2)(4) — Acas Code of Practice 1: Disciplinary Practice and Procedures in Employment (1977), para 10(h)

  PRACTICE — Appeal — Permission to appeal — Application to set aside permission to appeal — Appeal bound to fail on existing authority — Whether appropriate to set aside permission — CPR r 52.9(1)(b)

  10 Case(s) considered

  1 Statute considered

  2 Statutory Instruments considered
• Everson v Secretary of State for Trade and Industry

  16 Dec 1999 (Case C-198/98); [2000] ICR 525; [2000] All ER (EC) 29; [1999] ECR I-8903; EU:C:1999:617, ECJ

  Subsequent considerations : 1 neutral. Subsequent citations: 4.
  EMPLOYMENT — Employer's insolvency — Liability of guarantee institution

  EUROPEAN UNION — Social policy — Protection of employees in the event of the insolvency of theiremployer
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  EMPLOYMENT — Employer's insolvency — Liability of guarantee institution — Company incorporated in one member state — Branch established in another — Claims by employees employed at branch on liquidation of company in state of incorporation — Whether guarantee institution of state of incorporation or state branch established responsible for claims — Council Directive (80/987/EEC), art 3

  EUROPEAN UNION — Social policy — Protection of employees in the event of the insolvency of theiremployer — Directive 80/987/EEC — Employees residing and employed in a Stateother than that in which the employer has its principal establishment -Guarantee institution

  1 Case considered

  1 EU Enactment considered
• Post Office v Jones

  09 Feb 2000 [2000] ICR 388, EAT

  11 Apr 2001 [2001] EWCA Civ 558; [2001] ICR 805, CA

  Subsequent considerations : 4 positive; 2 neutral. Subsequent citations: 26.
  DISCRIMINATION — Employment — Less favourable treatment

  DISCRIMINATION — Disability — Less favourable treatment:
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  DISCRIMINATION — Employment — Less favourable treatment — Justification of treatment — Diabetic becoming insulin-dependent withdrawn from driving duties — Employer later revising policy and offering restricted driving duties — Whether justifiable — Disability Discrimination Act 1995, ss 5, 6

  DISCRIMINATION — Disability — Less favourable treatment: — Justification of treatment — Diabetic becoming insulin-dependent withdrawn from driving duties — Employer later revising policy and offering restricted driving duties — Whether open to employment tribunal to review employer's assessment of risk — Disability Discrimination Act 1995, s 5(3)

  1 Case considered

  2 Statutes considered
• Alabaster v Woolwich Plc

  07 Apr 2000 [2000] ICR 1037, EAT

  30 Mar 2004 (Case C-147/02); EU:C:2004:192; [2005] ICR 695; [2005] All ER (EC) 490, ECJ

  Subsequent considerations : 1 positive. Subsequent citations: 13.
  DISCRIMINATION — Sex — Equal pay

  EUROPEAN UNION — Social policy — Men and women
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  Case index catchwords

  DISCRIMINATION — Sex — Equal pay — Maternity leave — Earnings-related maternity pay excluding pay rise awarded during maternity leave but after statutory period on which pay based — Whether contrary to Community equal pay principle — Whether domestic legislation providing effective remedy — -Equal Pay Act 1970, s 1(1)(2) (as amended by Sex Discrimination Act 1975, s 8) — Employment Rights Act 1996, s 13 — Statutory Maternity Pay (General) Regulations 1986, reg 21(7) (as inserted by Statutory Maternity Pay (General) Regulations 1996, reg 2) — EC Treaty, art 141

  DISCRIMINATION — Sex — Equal pay — Maternity pay based on earnings during specified period — Whether earnings to include pay rise awarded after specified period — Whether relevant that pay rise not backdated — EC Treaty, art 119

  EUROPEAN UNION — Social policy — Men and women — Equal pay — Pay during maternity leave — Calculation of amount — Whether to include a pay rise

  4 Case(s) considered

  2 EU Enactments considered

  2 Statutes considered

  1 Statutory Instrument considered

• Gómez Rivero v Bundesanstalt für Arbeit

  03 Jun 1999 (Case C-211/97); [2000] ICR 20; EU:C:1999:275, ECJ

  EUROPEAN COMMUNITY — Social security — Legislation applicable

  EUROPEAN UNION — Social security — Article 162, first sentence, of Regulation EEC No 1408/71- Right of option
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  EUROPEAN COMMUNITY — Social security — Legislation applicable — Persons employed in diplomatic and consular posts — Option to be subject to social security legislation of sending state — Whether exercise of option desentitling spouse to benefits in state of residence — Council Regulation (EEC) No 1408/71, art 16(2)

  EUROPEAN UNION — Social security — Article 162, first sentence, of Regulation EEC No 1408/71- Right of option — Effects

  1 EU Enactment considered