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Case Law

HMRC v Saldanha [2017]

Case reference:UKEAT/0067/17/DA   The claimant, who was of Asian origin, was employed by HMRC and was offered a role abroad. A resilience interview was part of the assessment conducted by an external expert. The claimant was questioned about his ability to deal with racism. It was contended in the assessment by the examining doctor...
This article is listed under the following topics:
Discrimination and Equality Recruitment and Selection
Case Law

Dosanjh v Nottinghamshire Healthcare NHS Trust [2018]

Case reference:UKEAT.0087_17_0602   The claimant was employed as a Clinical Psychologist in the Mental Health Services for Older People Directorate. Her supervisor conducted a performance review as she was concerned patient files were not being updated properly. The claimant was signed off as competent and continued to carry out her ...
This article is listed under the following topics:
Unfair Dismissal Disciplinary and Grievance Issues
Case Law

Małgorzata Ciupa and Others v II Szpital Miejski [2017]

Case reference:Case.C-429/16   Ms Ciupa and Others are employed by the Łódź Hospital under full-time employment contracts of unlimited duration. From 2009 the financial losses of the Łódź Hospital increased from year to year. In 2013 it was decided that the Łódź Hospital should become a commercial company, in preference to liqui...
This article is listed under the following topics:
Redundancy and Reorganisation Collective and Trade Union Issues
Case Law

Peter Nowak v Data Protection Commissioner [2017]

Case reference:Case.C-434/16   Mr Nowak was a trainee accountant who passed first level accountancy examinations and three second level examinations set by the Institute of Chartered Accountants of Ireland (‘the CAI’). However, Mr Nowak failed the Strategic Finance and Management Accounting examination, which allowed candidates ...
This article is listed under the following topics:
Data Protection and Freedom of Information Act
Case Law

Adrian Faieta v ICAP Management Services Ltd [2017]

Case reference:EWHC.2995.(QB).   The claimant was employed under a five-year fixed term contract which awarded him a guaranteed minimum bonus (GMB) of £400,000 per annum. The employer’s revenue declined and he was asked, along with other members of his team, to reduce the GMB. He was given the choice of accepting a change to his c...
This article is listed under the following topics:
Unfair Dismissal Contracts of Employment Working Time and Leave
Case Law

Kelly v PGA European Tour [2018]

Case reference:UKEAT.0157_17_0602   The claimant was 60 years of age. He had a successful career working as a Marketing Director for the PGA European Tour, the well-known entity administering professional golf tournaments in Europe. Following the appointment of a new CEO, a view was formed that the claimant was not performing well an...
Case Law

Sargeant & Ors v London Fire & emergency Planning Authority & Ors [2018] UKEAT/0116/17/LA and The Lord Chancellor & Anor v McCloud & Ors [2018]

Case reference:UKEAT.0071_17_2901   These two test cases related to the transitional provisions established as part of changes to public sector pensions introduced after the 2011 Hutton Report. Sergeant related to the Firefighters’ Pension Scheme, whilst a second case of McCloud related to the Judicial Pensions Scheme. The basis of t...
This article is listed under the following topics:
Discrimination and Equality Pensions
Case Law

Crawford v Network Rail Infrastructure Ltd [2017]

Case reference:UKEAT.0316_16_0811   The claimant worked for Network Rail as a signalman. He claimed that his employer failed to provide him with "rest breaks" or alternatively "compensatory rest" under the Working Time Regulations 1998 (WTR). The signals he worked with required continuous monitoring and he was, in practice, able to t...
This article is listed under the following topics:
Health and Safety Working Time and Leave
Case Law

Carlos Enrique Ruiz Conejero v Ferroser Servicios Auxiliares SA and Ministerio Fiscal [2018]

Case reference:Case.C-270/16.   This request for a preliminary ruling concerned the interpretation of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation.Mr Ruiz Conejero worked as a cleaning agent in a hospital in Spain. He worked for the hospital wit...
This article is listed under the following topics:
Unfair Dismissal Sickness and Absence Discrimination and Equality
Case Law

Lopez Ribalda & Ors v Spain (Applications nos. 1874/13 and 8567/13)

Case reference:(Applications.nos..1874/13.and.8567/13)   This was a case before the ECtHR and the applicants were all workers in supermarket chain. After the employer noticed irregularities between stock levels and what was actually sold daily, surveillance cameras were installed to address suspected theft. The workers were told about the store’s visible...
This article is listed under the following topics:
Data Protection and Freedom of Information Act