Cawley & Ors v Hammersmith Hospitals NHS Trust [1998] UKEAT 475_98_0106 (1 June 1998)

The Tribunal decision should be supplemented by reference to the IT3; there are arguable points of law regarding the Working Time Directive and the approach to reorganisation affecting health and safety, warranting a full hearing.

Citation: [1998] UKEAT 475_98_0106
Parties: Appellants: Radiographers (Charing Cross staff); Respondents: Hammersmith Hospital's National Health Service Trust
Jurisdiction: United Kingdom
Judgment Date: 01 June 1998
Procedural Posture: Employment Appeal / Preliminary Hearing on Arguable Point of Law
Outcome: Case to proceed to full hearing; preliminary hearing finds arguable point of law.
Legal Topics: Unfair Dismissal, Working Time Directive, Employment Contract Variation, Health and Safety

Employment Law Unfair Dismissal Working Time Directive Employment Contract Variation Health and Safety

Case Brief

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2

Parties

Radiographers (Charing Cross staff)

Appellants

Hammersmith Hospital's National Health Service Trust

Respondents

Procedural Posture

Employment Appeal / Preliminary Hearing on Arguable Point of Law

Legal Issues

1 Whether the changes to standby and on-call duties constituted unfair dismissal
2 Whether the Working Time Directive applies to the dispute
3 Proper approach of an Industrial Tribunal in cases of reorganisation affecting health and safety

Ratio Decidendi

Court Disposition

Case to proceed to full hearing; preliminary hearing finds arguable point of law.

Orders

No notes of evidence required.
Case to be listed for hearing as soon as practicable.