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Case Law

Bernard Barlow v Gallahers Limited [2017]

Case reference:924/15   The claimant, who worked for the respondent for 27 years, argued that he was discriminated against on the grounds of his age after being excluded from an enhanced severance package. The claimant had made his employer aware that he wanted to continue working after his 65th birthday by signing a ‘Ret...
This article is listed under the following topics:
Redundancy and Reorganisation Discrimination and Equality
Case Law

Rawlinson v Brightside Group Ltd [2017]

Case reference:UKEAT/0142/17   The claimant worked as Group Legal Counsel at the respondent insurance broking business. Shortly after he started, concerns were raised about his performance. Although he knew that certain matters needed to be addressed, there were no specific concerns raised with him. A decision was made that the ...
This article is listed under the following topics:
Unfair Dismissal
Case Law

Ayodele v Citylink Ltd & anor [2017]

Case reference:EWCA.Civ.1913   The Court of Appeal has held the burden of proof showing a prima facie case of discrimination under s.136 Equality Act 2010 in GB remains on the claimant. The claimant originated from Nigeria. He brought several claims before the Tribunal including a claim of race discrimination. The Tribunal held ...
Case Law

King v The Sash Window Workshop Ltd and anor [2017]

Case reference:King.v.The.Sash.Window.Workshop.Ltd.and.anor.[2017].   "It follows from the above that, unlike in a situation of accumulation of entitlement to paid annual leave by a worker who was unfit for work due to sickness [and who has a limited period of carry-over in which to take unused annual leave], an employer that does not allow a worker to exercise his r...
This article is listed under the following topics:
Contracts of Employment Working Time and Leave
Case Law

Radoslaw Tabor v Crawford Cleanwell Limited [2017]

Case reference:(CASE.REF:.1813/17)   The claimant was employed by the respondent as a cleaner at one designated site in Belfast. It was not disputed that he had been provided with a Statement of Main Terms and Conditions which included a number of relevant contractual terms for when a situation arose concerning temporary stoppage of ...
Case Law

Uber B.V. and Others v Mr Y Aslam and Others [2017]

Case reference:UKEAT/0056/17/DA   The claimants, current and former drivers of the ride-hailing app, Uber, brought various claims in the Employment Tribunal which required them to be “workers” for the purposes of the Employment Rights Act 1996, the Working Time Regulations 1998 and the National Minimum Wage Act 1998. The Tribunal r...
Case Law

Dr G Parker v 1) MDU Services Ltd 2) Trustees of the Medical Defence Union Pensions and Life Assurance Scheme [2017]

Case reference:UKEAT.0113_17_0711   The Claimant had retired after working for 27 years. Her full-time equivalent (“FTE”) service, taking account of periods of part-time working, was 21 years (she'd worked part-time after the birth of her daughter). The Claimant’s particular complaint was that, whereas a full-time worker who had work...
This article is listed under the following topics:
Pensions
Case Law

Maio Marques da Rosa v Varzim Sol [2017]

Case reference:EUECJ.C-306/16   Our readers will be aware the Working Time Directive is health and safety at work legislation, brought into force in NI in 1998 and now consolidated under the Working Time Regulations (Northern Ireland) 2016. The Regulations entitle workers to annual leave, daily breaks and weekly breaks, amongst o...
This article is listed under the following topics:
Working Time and Leave
Case Law

Mr P Bessell v The Chief Constable of Dorset Police [2017]

Case reference:Case.No:.1400313/2016   This was a case involving the national vision requirements for police officers who carry Tasers. The parties were agreed that the Claimant suffered from a physical impairment for the purposes of s.6(1)(a) of the GB Equality Act, namely Deuteranopia. That impairment involved the claimant having diff...
This article is listed under the following topics:
Discrimination and Equality
Case Law

Mr J Roads v Buckinghamshire & Milton Keynes Fire Authority [2017]

Case reference:3303501/2015   The claimant, who suffered from dyslexia, argued that the respondent failed to make reasonable adjustments for him. After initially raising a grievance relating to his disability the respondent sought advice from the Adult Dyslexia Centre in 2009. Recommendations were made as to how adjustments co...
This article is listed under the following topics:
Discrimination and Equality