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Case Law

R (on the application of the Independent Workers Union of Great Britain) v Central Arbitration Committee and Roofoods Ltd t/a Deliveroo [2018]

Case reference:EWHC.3342.(Admin)   This was a judicial review challenge to an earlier decision that Deliveroo delivery riders are not considered 'workers' for the purposes of establishing the right to collective bargaining arrangements. The Central Arbitration Committee (CAC) previously held these individuals are self-employed contr...
This article is listed under the following topics:
Contracts of Employment Collective and Trade Union Issues
Case Law

Mr P Tribe v British Telecommunications Plc [2018]

Case reference:2601449/2017   This case concerns the harassment of a disabled employee who overheard a vulgar rant by his manager after he accidentally pocket-dialled him. During the conversation the manager described the claimant as a “bull shitter,” criticised him and stated if the job had been assigned to an able bodied team...
This article is listed under the following topics:
Discrimination and Equality
Case Law

Tribunalul Botosani v Maria Dicu [2018]

Case reference:Case.C-12/17 .CJEU.   Ms Dicu is a judge at the Tribunalul Botoșani (Regional Court, Botoșani). In 2014, she first took her entire annual leave entitlement and was then on maternity leave from 1 October 2014 to 3 February 2015. Subsequently, she took parental leave from 4 February 2015 until 16 September 2015, during wh...
This article is listed under the following topics:
Working Time and Leave
Case Law

Wood v Durham County Council [2018]

Case reference:UKEAT/0099/18/OO   The claimant worked as an Anti-Social Behaviour Officer at the respondent Council. He went to a chemist and left without paying for items he had placed in his bag. As a result of this incident he was ultimately dismissed from his job. He contended that he had post-traumatic stress disorder and asso...
This article is listed under the following topics:
Discrimination and Equality
Case Law

Celia Luisa Pereira Da Costa v Summer Garden Salads Limited [2018]

Case reference:7324/17IT   The claimant, a Portuguese national, has suffered from glaucoma and chronic uveitis in both her eyes since the age of 16. At 23 years of age she lost total vision in her left eye. The claimant worked for a small, family owned company as a janitor, initially working for 16 hours per week carrying o...
This article is listed under the following topics:
Unfair Dismissal Discrimination and Equality Policies and Procedures
Case Law

Hastings v Kings College Hospital NHS Foundation Trust [2017]

Case reference:Case.No:.2300394/2016..   The claimant worked as an IT analyst with the respondent NHS Trust. He was of Black and Afro-Caribbean origin. The case centred around an incident when the claimant was driving into a hospital car park. It was alleged that a van driver swore at the claimant “using the c-word,” and called him “f***i...
This article is listed under the following topics:
Unfair Dismissal Discrimination and Equality Policies and Procedures
Case Law

Ardron v Sussex Partnership NHS Foundation Trust [2018]

Case reference:EWHC.3157.(QB)   The Claimant was employed by the Trust as a consultant psychiatrist. She was subject to disciplinary proceedings following an incident whereby a prisoner committed suicide. The investigation report set out various allegations against her, in particular relating to failures in record-keeping and doc...
This article is listed under the following topics:
Disciplinary and Grievance Issues Policies and Procedures
Case Law

Kenneth Ball v First Essex Buses Limited [2018]

Case reference:Case.Number:.3201435/2017   The claimant worked as a bus driver for over 20 years. He was required to take a random drugs test which he failed after testing positive for cocaine. He had returned from a busy shift where he had handled a lot of cash. As a diabetic, he said the substance entered into his system through his finge...
Case Law

Alexander Agnew and others v Chief Constable of the PSNI; David Brian Anderson and others v Police Authority for Northern Ireland [2018]

Case reference:CASE.REFS:.112/16.ampersand.others.   The claimants included police constables and sergeants in the PSNI as well as civilian employees of the Police Authority. It was argued that overtime payments and other allowances were not included in the calculation of normal pay for the purposes of holiday pay entitlement. The tribunal made clear...
This article is listed under the following topics:
Working Time and Leave Pay and Conditions of Employment
Case Law

Addison Lee Ltd v Lange & Ors [2018]

Case reference:UKEAT.0037_18_1411.   The key issue in this case was whether the drivers undertook to do or perform any work or services for the respondent. The case highlights the willingness of courts and tribunals to look behind labels and contractual provisions to the reality of the working arrangements between the parties. The EAT...