New EAT Decisions

These cases are unreported (although some may be reported in due course). The transcripts were recently posted on the EAT website

Rotherham Reboring Services Ltd v Maycock [HHJ Wilkie, 6th Feb 2002]
The employment tribunal disapplied ERA 1996, s109 (upper qualifying age for unfair dismissal) and allowed a 65-year old to claim unfair dismissal. Time for appealing that decision expired (the employer was unrepresented and unaware of Rutherford v Harvest Town Circle). At a subsequent remedies hearing, the tribunal disapplied s119(4) on the same basis. The employer appealed the basic award of £6,600, relying on Rutherford. The EAT held that the employer was issue estopped from bringing the appeal, since the first decision had not been appealed and the tribunal had made an effective finding that a 65-year old was entitled to full compensation for unfair dismissal.
• click here for the Rotherham decision

MSF v Refuge Assurance plc [Lindsay P., 15th Feb 2002]
TULR(C)A 1993, s188 provides that consultations must begin in good time before multiple redundancies, when an employer is proposing to dismiss more than 20 employees. This does not mean when the employer first thinks about redundancies, or contemplates redundancies as a contingency plan. For deciding what is meant by 'in good time', an employer should consider the probable date of redundancies, decide how long will be required for effective, good-faith consultation, and calculate the date when consultation should start from then.
• click here for the MSF decision

Brown v Kigass Aero [Lindsay P., 25th Feb 2002]
This case was summarised in the bulletin dated 5th March 2002, namely that workers on long-term sick absence continue to accrue holiday pay. The transcript is now available.
• click here for the Kigass Aero decision