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Case Law

Gnahoua v Abellio London Limited [2017]

Case reference:2303661/2015   The claimant, a bus driver, was dismissed for gross misconduct after he was seen to be using his iPad whilst the bus he was driving was moving. He claimed that his right to be accompanied at his appeal hearing under the Employment Relations Act 1999 (see Employment Relations (Northern Ireland) Orde...
This article is listed under the following topics:
Unfair Dismissal Disciplinary & Grievance Issues
Case Law

Andrew Boxer v Excel Groups Ltd (in liquidation) [2017]

Case reference:3200365/2016   The claimant worked as a cycle courier and argued that when he worked for the respondent he was a worker pursuant to the Employment Rights Act 1996 (the GB equivalent of the Employment Rights (NI) Order 2016). When he began working for the respondent in September 2013 the claimant signed a contract...
This article is listed under the following topics:
Contracts of Employment Working Time and Leave
Case Law

Samira Achbita v G4S Secure Solutions NV

Case reference:Case.C-157/15   G4S is a private undertaking which provides reception services for customers in both the public and private sectors. On 12 February 2003, Ms Achbita, a Muslim, started to work for G4S as a receptionist. She was employed by G4S under an employment contract of indefinite duration. There was, at that ...
This article is listed under the following topics:
Discrimination Policies and Procedures
Case Law

Essop and others v Home Office [2017]

Case reference:UKSC.27   These two appeals were heard together because they both raised issues arising from claims of indirect discrimination. Mr Essop, one of a group of 49 people, was required to pass a Core Skills Assessment (CSA) as a pre-requisite to promotion to certain civil service grades. A 2010 report established...
This article is listed under the following topics:
Discrimination Wages
Case Law

James Agnew v SPS Ireland Ltd (In Liquidation)

Case reference:1506/16   In April 2016, the claimant was made aware that the respondent company would be ceasing business on Friday of the same week. No indication of this planned closure had been given to any employees and they were informed that the business would be in no position to honour any outstanding pay, notice p...
This article is listed under the following topics:
Redundancy and Reorganisation
Case Law

Gary McClean v Waterside Neighbourhood Partnership [2017]

Case reference:71/15.FET   The claimant applied for the post of Community Development Officer with the Respondent, which is a limited company involved in community development. After being shortlisted for interview and being the only one of the three candidates to reach the threshold interview score, he was not appointed to ...
This article is listed under the following topics:
Discrimination Recruitment and Selection
Case Law

Asklepios Kliniken Langen-Seligenstadt GmbH & Asklepios Dienstleistungsgesellschaft mbH v Ivan Felja & Vittoria Graf [2015] CJEU C680/15 & C681/15 (AG's Opinion)

Case reference:Case.C-680/15.and.Case.C-681/15   In Asklepios Kliniken Langen-Seligenstadt GmbH & Asklepios Dienstleistungsgesellschaft mbH v Ivan Felja & Vittoria Graf (Case C-680/15 and Case C-681/15) Advocate General Bot considered once again (following the CJEU's prior decision in Alemo-Herron & others v Parkwood Leisure Ltd (Case...
Case Law

Davies v Droylsden Academy

Case reference:UKEAT/0044/16/BA.   In Davies v Droylsden Academy UKEAT/0044/16/BA the claimant was employed by Schools Plus Limited (SPL) as a venue lettings manager. SPL provided a service to educational institutions letting the institutions' premises out of school hours. In June 2012 the claimant was appointed by SPL as the venu...
This article is listed under the following topics:
Redundancy and Reorganisation Transfer of Undertaking (TUPE)
Case Law

Unionen v Almega Tjänsteförbunden ISS Facility Services AB [2015] CJEU C-336/15 (AG's Opinion)

Case reference:C-336/15   In Unionen v Almega Tjänsteförbunden ISS Facility Services AB (Case C-336/15), the question was whether article 3(1) of the Acquired Rights Directive obliged a transferee to take into account service with a transferor when calculating notice periods for termination of employment, or whether such no...
This article is listed under the following topics:
Transfer of Undertaking (TUPE)
Features

Daniel Bowman v Pensionsversicherungsanstalt [2016]

Case reference:Case.C-539/15    Key Issues: Equal treatment – age discrimination Case: Daniel Bowman v Pensionsversicherungsanstalt Reference: Case C-539/15, CJEU (Sixth Chamber), 21 December 2016 Legislation: Directive 2000/78/EC Mr Bowman, who was born on 28 July 1961, has been employed by the Administration under a private law...
This article is listed under the following topics:
Discrimination Collective and Trade Union Issues