When a tribunal exercises the discretion to take means into account, all the means must be assessed | |||
SHIELDS AUTOMOTIVE LTD v GREIG [2011] UKEAT 0024_10_1507 | |||
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6/10/2011 In Shields v Greig the former employee lost his unfair dismissal case and was judged to have acted unreasonably in bringing and conducting the proceedings. The EAT decided that although a tribunal is not bound to consider the means of the side liable to pay the other side's costs (the 'paying party), when it does so it must take account of the whole of the paying party's assets. Getting caught out lying as to the extent of his means meant that the Claimant forfeited the tribunal’s discretion to take these into account. The EAT considered that no tribunal would be able to assess his means and therefore instructed the tribunal to assess the Claimant as liable to pay all the respondent's expenses. |
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| Transcript of the judgement:- SHIELDS AUTOMOTIVE LTD v GREIG [2011] |
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| 2011 It was not unfair or inequitable not to re-hire under conditions offered in failed negotiations - Slade & Others v TNT (UK) Ltd (Unfair Dismissal) [2011] UKEAT 0113_11_1309 An employee sharing profits in the firm is not necessarily a partner - Williamson & Soden Solicitors v Briars EAT [2011] UKEAT/2011/0065_10_2705 Leaving a page out of the reasons for an EAT appeal was venial - Hine & Anor (t/a Hine Marketing Partnership) v Talbot & Ors [2011] UKEAT 1783_10_2706 In Equal Pay claims after a TUPE transfer, red circling will be accepted as constituting a genuine material factor defence - Scotland Co Ltd v Buchanan & Anor (Equal Pay Act : Material factor defence and justification) [2011] UKEAT 0042_10_2505 The Minimum wage did not apply to a worker sleeping over without duties to perform - Wray v JW Lees & Co (Brewers) Ltd (National Minimum Wage [2011] UKEAT 0102_11_1407 Requests to continue working after 65 must be considered in good faith - Compass Group Plc v Ayodele [2011] UKEAT 0484_10_1407 An autocratic style of management is no justification for breaching the contractual term of trust and confidence - McBride v Falkirk Football & Athletic Club [2011] UKEAT 0058_10_1706 Overtime payments in the absence of an agreement - Driver v Air India Ltd [2011] EWCA Civ 830 Mere suspicion that a representative was acting for profit was not enough for imposing wasted costs - Jackson v Cambridgeshire County Council & Ors (Practice and Procedure : Costs) [2011] UKEAT 0402_09_0806 |
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