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Case Law

Thomas McCann MBE v Extern Organisation Ltd (No.2) [2017]

Case reference:NICA.33   This was an appeal against a decision by a Fair Employment Tribunal dismissing a claim for discrimination on the grounds of political opinion. The appellant worked as a programme manager for the respondent providing services to adult homeless. In 2006 the claimant had brought a claim for sexual dis...
This article is listed under the following topics:
Discrimination
Case Law

Unionen v Almega Tjänsteförbunden & ISS Facility Services AB

Case reference:Case.C-336/15   Key Issues: Social Policy – TUPE – Collective Agreement - Period of Notice and Length of Service Case: Unionen v Almega Tjänsteförbunden & ISS Facility Services AB Reference: Case C-336/15, CJEU (Tenth Chamber), 6 April 2017 Legislation: Directive 2001/23/EC This request for a preliminary ruli...
This article is listed under the following topics:
Collective and Trade Union Issues Transfer of Undertaking (TUPE)
Case Law

R v McKenzie [2017]

Case reference:NICA.29   This case concerned a reference by the Director of Public Prosecutions of a sentence imposed by the Crown Court which, it was argued, was unduly lenient. The respondent had been convicted of manslaughter, as well as a number of health and safety offences arising out of the construction of an agricu...
This article is listed under the following topics:
Health and Safety Policies and Procedures
Case Law

Grainne Keenan v H A Emerson & Son Ltd [2017]

Case reference:NIIT.00017_17IT.   The issue for the tribunal was whether or not it had jurisdiction to hear the claimant’s unfair dismissal claim in light of the relevant time-limit provisions contained in the Employment Rights (Northern Ireland) Order 1996 (ERO). The claimant resigned by letter dated 30th August 2016, noting that...
Case Law

Hartley and others v King Edward VI College [2017]

Decision number:UKSC.39   Legal body:uksc The appellants participated in strike action for one full day in November 2011. As a result, the respondent withheld part of their salary. Their contracts of employment incorporated terms relating to working time from a collective agreement known as the Red Book. The appellants argued the formula u...
Case Law

Fulton and anor v Bear Scotland Ltd [2017]

Case reference:UKEATS/0010/16/JW   The latest decision in this long-running series of cases about holiday pay and the amount of pay due concerned whether the gap of more than three months between non-payments or underpayments of wages breaks the 'series' of deductions for the purpose of bringing a claim. The EAT has ruled that there...
Case Law

Kinnear v Marley Eternit t/a Marley Contract Services [2017]

Case reference:ET.Case.No:.S/4105271/16   The claimant became an apprentice roof tiler with the respondent in October 2014 and his apprenticeship contract was due to continue until November 2018. As a result of a downturn in business the claimant was informed that his employment was to end on the basis of redundancy. The respondent rejecte...
Case Law

Plant v API Microelectronics Limited [2017]

Case reference:3401454/2016   In this GB employment tribunal case, the Claimant had been employed by the respondent for 17 years in the capacity as an operator of machinery in the bonding area of the manufacturing unit. At the time of the Claimant's dismissal she had a clean disciplinary record. The respondents in December 2015...
This article is listed under the following topics:
Unfair Dismissal Disciplinary and Grievance Issues
Case Law

Roberta Gray v Shankill Women’s Centre [2017]

Case reference:NIIT.(CASE.REF:.2270/1)   The claimant had been the manager responsible for an education support project. The respondent organisation experienced significant difficulty in securing funding and had made various efforts to secure alternative funding to make up the shortfall it suffered. At the same time, unsuccessful applicat...
This article is listed under the following topics:
Unfair Dismissal Redundancy and Reorganisation
Case Law

Focus Care Agency Ltd and others v Roberts and others [2017]

Decision number:UKEAT.0143_16_2104   Legal body:ukeat The appeals in these three cases consider the proper approach to the question whether employees who sleep-in in order to carry out duties if required engage in “time work” for the full duration of the night shift or whether they are only entitled to the national minimum wage when they are awake and...
This article is listed under the following topics:
Working Time and Leave Pay and Conditions of Employment