Update provided courtesy of Robin White, Sally Cowen and Nik Fox Farrar’s Building, Temple, London

31st October 2005
Agrico UK Ltd v Ireland (EAT)

Claim filed late due to solicitor’s secretary being off ill. Solicitor left filing complaint to last few days of limitation. Not sufficient reason to extend time.

British Airways plc v Noble and other (EAT)

It was a breach of the Working Time Regulations to fail to pay shift pay for 4 weeks per year, as this did not cover statutory annual leave.

British Airways plc v Grundy and other cases (EAT)

A claim for equal pay by Claimants who had been subject to an historic policy should have been dismissed. The Employment Tribunal wrongly looked at the disadvantaged group and not at the advantaged group where the difference between male and female was insignificant.

Celtec v Astley and others (ECJ)

The transfer of contracts of employment occurred on the date that the transfer of undertaking occurred and could not be postponed to another date by one or other of the parties.

Clarke v Telewest Communications plc (ET)

Claimant was allowed to rely on Equal Opportunities Commission’s statistics to prove indirect discrimination when she was required to work evenings and weekends. Employer had also breached the procedure for handling requests for flexible working.

Elizabeth Clare Care Management Ltd v Francis (EAT)

Failure to pay any of wages on time is breach of statutory provision and therefore unfair dismissal can be claimed with less than 1 year employment.

First Global Locums Ltd and others v Cosias (QB)

Protection from Harassment Act injunction was continued against former employee (for abusive behaviour to managers and colleagues), although restrictive covenants were altered in form to give continuing protection.

Gate Gourmet London Ltd v Transport and General Workers Union (HC)

Interlocutory injunction granted limiting the number of pickets at the site to 6 due to possible unlawful and tortuous acts endorsed by union officials. The injunction could cover unnamed people as there was sufficient detail to identify the group covered.

Imperial TobaccoLtd v Wright (EAT)

Late unfair dismissal claim would be allowed, as the shock of his lost appeal pushed him over into serious drug abuse, thus not reasonably practicable.
*Compare with Agrico case at top of this section!*

Leicestershire County Council v UNISON (EAT)

The point where it is ‘proposed’ to dismiss people, is the point where consultation should take place. Not to do so is a breach of the obligations.

North Western Health Board v McKenna (ECJ)

Sick pay scheme which treats women who are absent due to pregnancy related illness and men who are absent due to other illness in the same way, is not discriminatory as long as it does not make payment so low as to undermine the objective of protecting pregnant workers. But if there is a limit on the number of days absence (i.e in a year) then cannot limit the number for a women after maternity leave, who used up many of her days due to a pregnancy-related illness.

Pacitti Jones v O’Brien (CS)

1 year continuous employment occurred where started on 8th April 2002 and ended 7th April 2003.

Royal and Sun Alliance Insurance Group plc v Payne (EAT)

Breach of contract occurred where employer attempted to alter contractual retirement age and dismissed employee before 62nd birthday, when contractual retirement age was 65 years. ‘Normal retirement age’ does not interfere with contractual agreement.

Sodexho Ltd v Gibbons (EAT)

Strike-out for non-payment of a deposit is a judgment and can therefore be subject to review. ‘Administrative error’ can include error by the parties. ‘Interests of justice’ should be construed more widely under 2004 rules than previously.