In this series I’m looking at classic employment law cases of the past that still have something to teach us about employment law today. In this episode we look at Khanum v Mid Glamorgan Area Health Authority [1978] IRLR 215. This is an EAT case from 1978 that makes an interesting – and useful – companion to BHS v Burchell

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Going back to 1982, Mears v Safecar Security Ltd is a case about written statements of terms and conditions and what term applies when the employee is off sick and there are no express terms dealing with sickness absence or sick pay.

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When this case was decided – this was the number 1 hit single. Enjoy!

In this episode we look at the first House of Lords case to consider unfair dismissal – Devis & Sons Ltd v Atkins. This leads to a seriously nerdy discussion of the history of the basic award and how it has influenced the question of reasonableness.

On a related topic tyou could also listen to the episode dealing with Polkey v AE Dayton Services Ltd 

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This week’s episode looks at Linfood Cash and Carry v Thomson & anor. This case from 1989 gives guidance to employers relying on anonymous evidence in disciplinary cases. To see how that guidance is used in practice we also consider dark deeds in crisp factory with Ramsey & ors v Walkers Snack Foods.

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This episode features RSPB v Croucher a case about the scope of the duty to investigate when the employee has already admitted their guilt. We also look at the more recent case of CRO Ports v Wiltshire which shows how Croucher applies today.

To find out more about what I do – including training on conducting fair investigations – visit my website darrennewman.org

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In this episode I look at the 2004 House of Lords decision in Archibald v Fife Council. This is one of the leading cases on the duty to make reasonable adjustments and shows just how wide that duty can be.

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Webb v Emo Air Cargo Ltd is the story of how pregnancy discrimination became established as a claim in its own right. Along the way we take in:

Turley v Allders Department Stores Ltd [1980] ICR 6

Hayes v Malleable Working Men’s Club and Institute [1985] ICR 703

Dekker v Stichting Vormingscentrum voor Jonge Volwassenen (VJV-Centrum) Plus,  Case C-177/88

and

Tele Danmark v HK (acting on behalf of Brandt-Nielsen), Case C-109/00

We’re going seriously deep into the archives for this one with the 1909 decision in Addis v Gramophone Company Ltd. In this case the House of Lords looked at the compensation due to an employee who was dismissed without notice or explanation, causing potentially serious damage to his reputation. The decision has been controversial ever since and continues to be debated.

Also referred to are the House of Lords decisions in Malik v BCCI and Johnson v Unisys.

We end with a sing-song!

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This case is about mobility clauses  – and the implied terms that limit their application. It’s a neat illustration of an employer thinking that because the contract says they can do something, they don’t have to worry about how they go about doing it!

Cases referred to:

United Bank Ltd v Akhtar [1989] IRLR 507

Woods v WM Car Services (Peterborough) Ltd [1981] IRLR 347

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To see the other sorts of things I do go to darrennewman.org

For the Range of Reasonable Responses Newsletter subscribe here 

In a special yuletide edition we talk about W Brooks & Son v Skinner [1984] IRLR 379. It’s not exactly a classic – but it is about dismissing someone who got drunk at a Christmas party – and in December we all know that employment law is mainly about Christmas parties.

Actually this is quite a nice case that has something to say about zero tolerance policies – which links in to the very recent case of Arnold Clark Automobiles Ltd v Spoor– so it’s not just gratuitous attempt to link employment law to Christmas.

But it is partly that.

Happy Christmas everyone.