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Case Law

David McCartney v Mercury Security Management Ltd [2017]

Case reference:386/16   The claimant worked for the respondent as a CCTV operator. Since 1 December 2009, relevant CCTV operators are legally obliged to possess a CCTV licence granted by the Security Industry Authority (SIA). The claimant argued that the respondent had failed to pay his SIA licence fee and that he had suf...
This article is listed under the following topics:
Contracts of Employment Pay and Conditions of Employment
Case Law

Houston v Swissport GB Ltd & Colin Morrow [2017]

Case reference:93/16.FET.2247/16   The claimant was employed by the respondent which provided baggage handling and cargo handling services at Belfast International Airport. He had been employed on a part-time and temporary contract which was initially renewed but then later allowed to expire. The claimant was also a Christian pastor...
This article is listed under the following topics:
Discrimination and Equality
Case Law

Abercrombie & Fitch Italia Srl v Antonino Bordonaro [2017]

Case reference:Case.C-143/16   Key Issues: Social Policy – Equal Treatment – Age Discrimination Case: Abercrombie & Fitch Italia Srl v Antonino BordonaroReference: Case C-143/16, CJEU (First Chamber), 19 July 2017Legislation: Directive 2000/78/ECMr Bordonaro was employed by Abercrombie from 14 December 2010 on a ‘fixed-term ...
Case Law

Ute Kleinsteuber v Mars GmbH [2017]

Case reference:Case.C-354/16   Key Issues: Social Policy – Equal Treatment – Method for calculating acquired pension rights – Part Time Workers Case: Ute Kleinsteuber v Mars GmbH Reference: Case C-354/16, CJEU (First Chamber), 13 July 2017 Legislation: Directive 2000/78/ECMs Kleinsteuber, born on 3 April 1965, was employed by M...
This article is listed under the following topics:
Contracts of Employment Pensions
Case Law

Luís Manuel Piscarreta Ricardo v Portimão Urbis, E.M., SA, in liquidation [2017]

Case reference:Case.C-416/16   Key Issues: Social Policy – TUPE – Concept of “employee”Case: Luís Manuel Piscarreta Ricardo v Portimão Urbis, E.M., SA, in liquidationReference: Case C-416/16, CJEU (Eighth Chamber), 20 July 2017Legislation: Directive 2001/23/ECMr Piscarreta Ricardo performed duties as an administrator, and later...
Case Law

BAE Systems (Operations) Ltd v Konczak [2017]

Case reference:EWCA.Civ.1188   Mrs Konczak was employed as a secretary until her dismissal in 2007. She had experienced a long history of stress and problems in the workplace which eventually led to a mental breakdown. One particular incident in April 2006 which involved a sexist comment from her line manager was described as th...
This article is listed under the following topics:
Sickness and Absence Discrimination and Equality
Case Law

Bradbury v British Broadcasting Corporation [2017]

Case reference:EWCA.Civ.1144   This appeal concerns the decision by the BBC to cap at 1% the part of a pay rise that would be used to calculate pensionable pay ("the Cap") in the final salary sections of the BBC Pension Scheme ("the Scheme") in circumstances where the BBC was faced with a multi-billion pound deficit in the Schem...
This article is listed under the following topics:
Pensions Pay and Conditions of Employment
Case Law

R (on the application of UNISON) v Lord Chancellor [2017]

Case reference:UKSC.51   Unison has won a landmark ruling that reinforces the principle of access to justice. The public service union brought the appeal before the UK Supreme Court challenging the controversial fees imposed when making a claim to an employment tribunal or the EAT. Prior to the coming into force of the Emp...
Case Law

International Petroleum Ltd and Others v Osipov [2017]

Case reference:UKEAT.0058_17_1907   The claimant, Mr Osipov, was employed by an Australian domiciled oil and gas exploration and production company, International Petroleum Ltd, from February 2011 until his summary dismissal in October 2014. The company had operational activities in the Republic of Niger. It ran into financial diffic...
This article is listed under the following topics:
Unfair Dismissal Whistleblowing (Protected Disclosures)
Case Law

Walker v Innospec Limited and others [2017]

Case reference:UKSC.47   The appellant, a gay man, worked for the respondent from 1980 until his retirement in 2003. Throughout that period, he made regular contributions to the firm’s occupational pension scheme. He lived with his male partner since 1993 and they entered into a civil partnership in 2006 and are now marrie...
This article is listed under the following topics:
Discrimination and Equality Pensions