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Case Law

Royal Mencap Society v Tomlinson-Blake and Shannon v Rampersad [2018]

Case reference:EWCA.Civ.1641   Lord Justice Underhill began the judgment in this case by noting that, “It is very common in the care sector for workers to agree to “sleep in” overnight [in case] assistance is required in the night”.The Court of Appeal here had to decide whether the time carers spent on the premises when sleeping...
This article is listed under the following topics:
Working Time and Leave Pay and Conditions of Employment
Case Law

Flowers and others v East of England Ambulance Trust [2018]

Case reference:UKEAT/0235/17/JOJ   This case is yet another decision concerning holiday pay and whether it should be calculated by reference to (i) non-guaranteed overtime; or (ii) voluntary overtime. The EAT concluded that both as a matter of contract, under the NHS Terms and Conditions of Service, and under the Working Time Direct...
Case Law

John Arends v The Mount Charles Group Limited [2018]

Case reference:NIIT.(CASE.REF:.4379/17)   Keywords: Unfair Dismissal; Resignation; Ambiguous Wording The claimant worked for the respondent as a chef manager. He felt that he and his only other full-time colleague were overworked and formally requested extra kitchen assistance which was then provided. After two periods of sick-leave, he ra...
Case Law

Alice Quinn v North City Business Centre Ltd [2018]

Case reference:2823/16IT   The claimant was employed as Chief Executive of the respondent until her dismissal on the ground of gross misconduct. The respondent contended that the claimant had specifically been told not to use any external HR consultants as sufficient expertise to manage such processes existed internally. It...
This article is listed under the following topics:
Unfair Dismissal Policies and Procedures
Case Law

Morris v Metrolink RATP DEV Ltd [2018]

Case reference:EWCA.Civ.1358   The Appellant in his capacity as representative of an unrecognised union lodged a collective grievance on behalf of the employees who were at risk of redundancy, taking various points about the conduct of the assessment centre at which employees were selected for redundancy. He was later forwarded ...
This article is listed under the following topics:
Unfair Dismissal Collective and Trade Union Issues
Case Law

Kilraine v London Borough of Wandsworth [2018]

Case reference:EWCA.Civ.1436   The appellant commenced employment with the respondent education authority on 1 September 2003 as an Educational Achievement Zone Literacy Advisor Teacher. She subsequently became an Education Achievement Project Manager. This involved her in projects aimed at trying to raise educational standards ...
This article is listed under the following topics:
Whistleblowing (Protected Disclosures)
Case Law

Mrs M Warrington v Lloyd’s Pharmacy Limited [2018]

Case reference:3400423/2017   This case concerned a claim for constructive dismissal and whether the grounds relied upon by the claimant, separately or cumulatively, amounted to a breach of the implied term of trust and confidence. The claimant was employed by the respondent as a pharmacy dispenser at Addenbrookes Hospital in C...
This article is listed under the following topics:
Unfair Dismissal
Case Law

Pimlico Plumbers Ltd & Anor v Smith [2018]

Case reference:UKSC.29   Between August 2005 and April 2011 Mr Smith, who is by trade a plumbing and heating engineer, performed work for Pimlico Plumbers Ltd. When his contract was terminated he issued various employment tribunal claims, alleging he had been entitled to wages and holiday pay, amongst other things. Mr Smit...
This article is listed under the following topics:
Contracts of Employment Working Time and Leave A-Typical Working
Case Law

Reading Borough Council v James & Ors [2018]

Case reference:UKEAT.0222_17_0706   This case considers the temporal scope of a pay comparison in proceedings based on equal pay for work of equal value brought under the Equal Pay Act 1970. The claimants sought arrears of pay dating back to 2002, arguing the work they completed was of equal value to C, a male employee who worked as ...
Case Law

Acas v Public and Commercial Services (PCS) [2018]

Case reference:UKEAT/0160/17/RN   The Public Commercial Services (PCS) made a complaint to the Central Arbitration Committee (CAC) that Acas, as an employer, had failed to consult with its employees pursuant to a collective agreement. Acas contended the CAC lacked jurisdiction to hear the complaint stating it was not an “undertakin...