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Case Law

First Group plc v Paulley [2017]

Decision number:UKSC.4   Legal body:uksc Mr Paulley, the appellant in this case, is a wheelchair user. He tried to get on a bus so he could catch a train to go onward and visit his parents. A woman with a sleeping child in a buggy was occupying the space reserved for wheelchair users. When asked to move by the driver, the woman refused, s...
This article is listed under the following topics:
Discrimination
Case Law

Stratford v Auto Trail VR Ltd [2016]

Case reference:UKEAT.0116_16_3110   The employee in this case hardly had an exemplary record. In fact, he had been involved in 18 'serious discussions' about his poor performance over the years and was late on the day of his final disciplinary hearing because he went for a cigarette in case the hearing overlapped his morning break. T...
This article is listed under the following topics:
Unfair Dismissal Disciplinary & Grievance Issues
Case Law

Sarah McCrossan v Department for Social Development [2016]

Case reference:00062_15FET   The claimant was employed in what was then the Department of Social Development (now the Department for Communities). In May 2015 an anonymous complaint was made to her employer about Facebook posts she had made during an election mentioning the DUP and the Minister who headed the Department. The c...
This article is listed under the following topics:
Disciplinary & Grievance Issues Discrimination Human Rights
Case Law

Glenn McCullough v Antrim and Newtownabbey Borough Council [2016]

Decision number:NIIT.01384_16IT   Legal body:niit The claimant had been employed by the respondent for 12 years. He was disciplined and received a Final Written Warning for falsifying reports of a work incident and contravening health and safety policy. It was clear that there was discord between the claimant and his manager and he decided to cove...
Case Law

Jo-Anne Peters v South Eastern Health and Social Care Trust [2016]

Case reference:NIIT.01108/16IT   At the substantive hearing, the respondent made a successful adjournment application based on late production of a psychiatric report by the claimant. It was received a mere 3 days before hearing which was due to last for two weeks. The adjournment was granted to allow the respondent to instruct it...
Case Law

United Lincolnshire Hospitals NHS Foundation Trust v Farren [2016]

Case reference:UKEAT.0198_16_1411.   The claimant was a long-serving Staff Nurse employed by the respondent NHS Trust in A&E. During the course of a particularly stressful overnight shift, she had administered medication to four patients without prior prescription by a doctor and failed to properly complete records. She was dism...
Case Law

Habib Khan (Respondent) v General Pharmaceutical Council (Appellant) (Scotland) [2016]

Decision number:UKSC.64   Legal body:uksc This case should be of interest to professional bodies, particularly those concerned with the discipline of professional colleagues. The disciplinary panels of bodies which regulate professional conduct conventionally have power to suspend a professional's right to practise for a specified period. ...
This article is listed under the following topics:
Disciplinary & Grievance Issues
Case Law

Hampshire County Council v Wyatt [2016]

Case reference:UKEAT.0013_16_1310   The Employment Tribunal in this case found that the Claimant’s suspension was not an unlawful act but was the most proximate cause of her depression and triggered that depression. The Respondent appealed against an award for personal injury on the basis that the Employment Tribunal was wrong to mak...
This article is listed under the following topics:
Discrimination Tribunal Practice Procedures and Jurisdictional I
Case Law

Daouidi v Bootes Plus SL [2016]

Case reference:EUECJ.C-395/15   The claimant in this case was a Barcelona chef who hurt his elbow at work and was dismissed after six months' incapacity. The prognosis was uncertain at the time of dismissal. Could he have been disabled and therefore protected under the Directive and related domestic legislation? The answer appear...
This article is listed under the following topics:
Sickness and Absence Discrimination
Case Law

Bellman v Northampton Recruitment Ltd [2016] EWHC 3104

Case reference:3104   You will be aware of the shock waves caused by the Supreme Court's ruling in Mohamud v WM Morrison Supermarkets PLC [2016] UKSC 11, where the employer was held vicariously liable for injuries caused to a customer by a violent and bigoted employee at a filling station owned by the supermarket. This ...
This article is listed under the following topics:
Disciplinary and Grievance Issues Contracts of Employment