Employment Cases Flashcards
Carmichael v National Power
Mrs C worked as a power station guide for the public, was paid for hours worked only, sometimes was offered work she didn’t accept.
as she could choose whether to work or not there was no mutuality of obligations - a contract of employment did not exist
Dacas v Brooke Street Bureau
Mrs D worked exclusively as a cleaner at a hostel, the Council supplied the materials, etc and she worked prescribed hours on a two week set rota.
Brook Street (agency) was responsible for her discipline, payments, NI contributions, holiday and sick pay, she was allegedly rude to a visiter and the Council asked that she was withdrawn from the contract, Brook Street holder her that it could not find any other work for her so she claimed unfair dismissal against both.
Mrs D was not a Council employee since no contract so no employment relationship, but neither was she an employee of the agency.
She, therefore, appealed and the Court of Appeal found she was an employee of the Council but she had not appealed that aspect - The court since tries to find mutuality of obligations
Lister v Romford Cold Storage Ltd
An employee negligently ran over another with a fork lift truck.
He was liable in damages to his employer for breach of contract
Sinclair v Neighbour
An employee secretly borrowed money from the till but he repaid it back the following day.
He was still in breach of his duty of good faith so the employer was justified in dismissing him
Hivac Ltd v Park Royal Scientific Instruments Ltd
2 employees manufacturing sophisticated components for hearing aided worked for a rival at weekends.
Injunction was granted as there was a potential misuse of secret information
Latimer v AEC Ltd
Following flood damage, the employer carefully strewed sawdust on the floor to prevent employees slipping until floor could be properly cleaned. A small patch remained uncover and L slipped and was injured.
Employer wasn’t liable for the injury as they did not act unreasonably
William Hill Organisation v Tucker
T was a senior dealer operating in the field of spread betting. The company put him on “gardening leave” for the period of notice before he left to start with a new employer.
WH was in breach by not providing work because T had particular skills which he had to practice to maintain
Spring v Guardian Assurance
The defendants did ow the claimant a duty of care in providing a reference, but they gave him a strikingly bad one knowing that a bad reference would damage his prospects of employment.
They were in breach of that duty of care
Kevin Keegan v Newcastle United Football Club
A football club manager resigned and claimed he had been constructively dismissed. When he was appointed manager it was agreed he would have the final say regarding the transfer of players to the club. The club breached this term by signing a particular player against his express wish and he had “no choice but to resign”.
He had been constructively dismissed and he was awarded £2m in damages
Simmonds v Dowty Seals Ltd
S had been employed to work on the night shift. When his employer attempted to force him to work day shift he resigned.
S could treat himself as constructively dismissed as the employer’s conduct was an attempt to unilaterally change change an express term of the employment contract
Denis W and Sons Ltd v Atkins
Employer dismissed the employee and afterwards discovered that the employee was guilty of dishonesty
Dishonesty was not the reason for dismissal and so the employer could not rely on it in order to justify the dismissal as fair
Stevenson v Golden Wonder Ltd
A technical manager made an unprovoked assault on another employee at a company social function outside work hours
This was a fair reason for dismissal - it was serious misconduct
Polkey v Dayton (AE) Services
This case stresses the importance of procedural safeguards. It involves redundancy and it was stated that to act reasonably the employer must warn and consult any employees who may be affected, adopt a fair basis of selection for redundancy and take steps as are reasonable to reduce the impact of redundancy
European Chefs Catering v Currell
A pastry cook was dismissed because the requirement for his speciality (eclairs and meringues) had ceased. He was replaced by a new pastry cook whose speciality was the new requirement (continental pastries)
The pastry cook had been dismissed for redundancy as the need for his speciality had ceased
Vaux & Associated Breweries v Ward
A quiet public house was modernised by installing a discotheque and Mrs W the 57 year old barmaid was dismissed in order to employ a younger more glamourous woman
Mrs W had not been dismissed for redundancy as the nature of the work had not changed
