Cases within T

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  Thames Water Utilities v Reynolds [1996] IRLR 186 EAT (1 report relating to this case)

  • Holiday pay: Holiday pay calculation should be based on calendar day

    Date:

    1 April 1996

    In Thames Water Utilities v Reynolds, the EAT holds that the Apportionment Act 1870 applied to the computation of a day's annual holiday pay to which an employee was contractually entitled on termination of his employment, and that the meaning of "a day" for these purposes is a calendar day rather than a working day.

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  Thanet District Council v Websper [2003] All ER (D) 246 (Jan) EAT (1 report relating to this case)

  • Case round-up: compensatory awards and safe places of work

    Date:

    18 February 2003

    This week's case round-up from Eversheds, covering: compensatory awards; and safe places of work.

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  The Bakers' Union v Clarks of Hove Ltd [1978] IRLR 366 CA (1 report relating to this case)

  • The Bakers' Union v Clarks of Hove Ltd

    Date:

    1 August 1978

    In The Bakers' Union v Clarks of Hove Ltd [1978] IRLR 366 CA, the Court of Appeal held that the EAT had incorrectly set aside the finding by the Industrial Tribunal that the employers' insolvency was not a special circumstance rendering it not reasonably practicable for them to comply with the redundancy consultation provisions of the Employment Protection Act, section 99.

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  The Bentley Engineering Co Ltd v D Crown and SM Miller [1976] IRLR 146 HC (1 report relating to this case)

  • Redundancy: When the six month time limit does not apply

    Date:

    19 May 1976

    In The Bentley Engineering Co v Miller, the High Court upholds a finding by an Industrial Tribunal that an employee who brought his claim that his payment was wrongly calculated some two years after his admitted dismissal on grounds of redundancy was entitled to present his claim and was not time-barred.

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  The British Waterways Board (t/a Scottish Canals) v Smith EAT/0004/15 (2 reports relating to this case)

  • Unfair dismissal: Dismissal for Facebook comments was fair

    Date:

    2 January 2016

    In The British Waterways Board (t/a Scottish Canals) v Smith EAT/0004/15, the EAT allowed an appeal against a tribunal's finding that the dismissal of an employee for posting offensive Facebook comments about colleagues and about drinking while on standby was unfair. The tribunal had substituted its own view of the seriousness of the conduct for that of the employer.

  • Unfair dismissal: no special rules apply to Facebook misconduct cases

    Date:

    7 August 2015

    In the first Scottish appellate decision on Facebook misconduct, the EAT has held that ordinary principles of law apply. The EAT held that the employment tribunal had erred in law and substituted its own views for those of the employer.

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  The City of Oxford Bus Services Ltd t/a Oxford Bus Company v Harvey EAT/0171/18 (1 report relating to this case)

  • Religious discrimination: Justifying shift rota requiring work on Sabbath

    Date:

    20 March 2019

    In The City of Oxford Bus Services Ltd t/a Oxford Bus Company v Harvey, the Employment Appeal Tribunal (EAT) held that, when deciding if an employer's working arrangements are justified, the tribunal must focus on justifying the rule in the particular circumstances of the business, rather than the application of the rule to the individual.

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  The County Council of Avon v Howlett [1983] IRLR 171 CA (1 report relating to this case)

  • Contracts of employment: Overpayment of wages

    Date:

    22 February 1983

    Where an employer has mistakenly overpaid an employee, the money can be recovered if it was paid because of a mistake of fact. However in a warning to employers operating computerised payment systems, the Court of Appeal in The County Council of Avon v Howlett holds that the defence of estoppel may operate to prevent recovery of all the money even if the employee has spent only some of it.

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  The Financial Times Ltd v Byrne and others (No.2) [1992] IRLR 163 EAT (1 report relating to this case)

  • Allocating proof under s.1(3)

    Date:

    1 May 1992

    In The Financial Times Ltd v Byrne and others (No.2) (29 January 1992) EOR43A, the EAT holds that s.1(3) of the Equal Pay Act 1970 requires the employer to prove not only that a variation in pay between a woman and a man employed on work of equal value is genuinely due to a material factor but requires the employer also to prove that this is not due to the difference of sex.

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  The Home Office v Holmes [1984] IRLR 299 EAT (1 report relating to this case)

  • Discrimination: Ban on part-timers unjustified

    Date:

    7 August 1984

    In The Home Office v Holmes, the EAT holds that a ban on part-time work can amount to unlawful sex discrimination.

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  The Home Office v Saunders EAT/0260/05 (1 report relating to this case)

  • Sex discrimination: Requiring woman to search male inmates discriminatory

    Date:

    20 January 2006

    In Home Office v Saunders, the EAT holds that, in a direct sex discrimination claim under the Sex Discrimination Act 1975, the employment tribunal did not err in finding that the correct hypothetical comparator for a female prison officer conducting a search on a male prisoner was a male prison officer conducting a search on a female prisoner.