NEW EAT DECISIONS
The following decisions have been placed on the EAT website recently. The transcripts can be downloaded from http://wood.ccta.gov.uk/eat/eatjudgments.nsf
Balmorral Group v Glenn Athol Rae [Lord Johnston, 4.11.99]: Heat of the moment resignation - consideration of Kwik-Fit v Lineham - ambiguous conduct ought to have placed employer on notice that resignation might not have genuinely been intended - termination therefore properly classified as dismissal
Ben-Edigbe v Nuffield Hospital [HHJ Peter Clark, 21.10.99]: Application struck out for failure to comply with interlocutory orders and failure to attend a hearing. Lengthy consideration of costs against applicants represented by sub-standard employment consultants. This decision contains interesting "observations on the growth in representation by self-styled employment consultants" by the court - perhaps timely comment in view of the current government investigations into PI claims assessors.
Chequepoint (UK) Ltd v Turner [Lindsay J., 2.11.99]: Consideration of territorial jurisdiction under ERA 1996 and Brussels Convention. Tribunals must look at the reality - otherwise an unscrupulous employer can rely on a mobility clause to send an employee overseas the day before a dismissal, thereby escaping UK jurisdiction. The EAT also provided a lengthy analysis of apparent bias, due to comments by Chairman that the Respondent was 'well-known' to the employment tribunal.
United Distiller v Vintners v Moxham [Lord Johnston, 17.9.99]: The EAT held that where the employment tribunal finds that an employee is 70% contributorily at fault in the dismissal, "it is impossible to state, except in the most exceptional circumstances...that no reasonable employer would not have dismissed in those circumstances" - thus setting aside a finding that the dismissal did not fall within the range of reasonable responses. Note in this case there was no suggestion of the dismissal being unfair due to procedural irregularity - the only issue was whether dismissal was a reasonable response - thus the above quotation is not as startling as it might seem on first reading. This decision has also been overtaken by Haddon v van Den Bergh Foods.
Wilson v Ethicon Ltd. [Lord Johnston, 3.11.99]: Subsequent to the Haddon decision, Lord Johnston provides robust support for Haddon and remits a case back to the employment tribunal because it was not clear what test of 'reasonableness' it adopted.
Vent-Axia Ltd. v Wright [Lord Johnston, 13.9.99]: Re-affirms that the primary test when ordering disclosure of documents is whether disclosure is necessary for fairly disposing of the proceedings, not whether the document is confidential in nature.
Yet more EAT decisions...
NEW EAT DECISIONS