Race relations Discrimination. The Employment Appeal Tribunal dismissed the employer's appeal against the employment tribunal's finding that it had racially discriminated against the employee. However, it allowed the employer's appeal against the tribunal's calculation of the compensation award, deciding that the tribunal had indeed failed to provide an explanation for how it had arrived at the total figure in respect of that award.
Employment tribunal Procedure. Following the employee's dismissal by the employer local authority for a capability reason, the employee issued proceedings in the employment tribunal. He was refused permission to amend his claim form to include an allegation of automatic unfair dismissal based on the grounds of public interest disclosure. The employment tribunal listed issues for determination at the substantive trial, such list not including whether the employer had proven the reason for dismissal. The Court of Appeal, Civil Division, dismissed the employee's appeal, holding that it had not been an error of law for the tribunal to have made a list that had not included a 'reason' issue. Further, he was not precluded from adducing evidence of his complaints at the substantive hearing in order to raise the issue of whether capability had been the true reason for his dismissal.
Tort Harassment. The Queen's Bench Division granted the first claimant animal breeding company's application for summary judgment and a permanent injunction preventing the defendant animal cruelty protest groups from harassing the claimants or their employees.
Employment Equality of treatment of men and women. The Court of Appeal, Civil Division, dismissed an appeal by nine female employees against a decision of the Employment Appeal Tribunal (EAT) dismissing their claims under the . The court found that the EAT had been entitled to overturn the decision of the Employment Tribunal who had erred in respect of the issue of objective justification.
European Union Employment. The Court of Justice of the European Union made a preliminary ruling concerning the interpretation of Council Directive (EC) 2000-78 78 (establishing a general framework for equal treatment in employment and occupation), in disputes between federal public servants and Germany concerning the reimbursement of medical expenses of their civil partners, or whether account was to be taken of such civil partners for the purposes of the assistance granted to federal public servants in the event of illness.
Employment Disability. The employment tribunal had dismissed both the employee's claims for disability discrimination and unfair dismissal. The Employment Appeal Tribunal, in allowing the employee's appeal against the tribunal's decision that he did not qualify as disabled pursuant to the on the grounds that he was still able to carry out day-to-day activities, held that the tribunal had erred in law by considering the kinds of things the employee was still able to do rather than those things he could no do because of his impairment. In the light of that decision, it was accepted that the employee's unfair dismissal claim required to be revisited.
Unfair dismissal determination whether dismissal fair or unfair. The Employment Appeal Tribunal, in allowing the employee's appeal against the employment tribunal's decision to dismiss his claim for unfair dismissal, held that the tribunal had erred in failing to consider whether a prior sanction of a final written warning had been manifestly unfair.
Employment Trade union. The Employment Appeal Tribunal (EAT) upheld the decision of the employment tribunal to dismiss the appeal by three scaffolders against a decision by a company, which provided labour for so-called 'shutdown projects' at oil depots, not to employ them. The EAT accepted that the decision not to employ the appellants had not been based on their trade union membership or activities.
Race relations Discrimination. The Court of Appeal, Civil Division, dismissed an appeal against a finding of the employment tribunal that a claim for race discrimination had been issued out of time. On the facts, the act complained of had not been a continuing one and the application had been issued outside the primary three month period for issue of such a claim.
Employment Unfair dismissal. The Employment Appeal Tribunal allowed the appeal of the employer, SPS Technologies Ltd, and held that the dismissal of an employee who had admitted the falsification of test results (in the manufacture of fasteners for the aerospace industry) had been a reasonable response. Accordingly, the employee had not been unfairly dismissed.