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Case Law

Lopez Ribalda & Ors v Spain (Applications nos. 1874/13 and 8567/13)

Case reference:(Applications.nos..1874/13.and.8567/13)   This was a case before the ECtHR and the applicants were all workers in supermarket chain. After the employer noticed irregularities between stock levels and what was actually sold daily, surveillance cameras were installed to address suspected theft. The workers were told about the store’s visible...
This article is listed under the following topics:
Data Protection and Freedom of Information Act
Case Law

Cosmeceuticals Ltd v Parkin [2017]

Case reference:UKEAT.0049_17_2706   This case is a useful reminder that not everything in an employment contract is within the gift of the employer and employee - some things derive from statute and cannot be changed, regardless of any agreement by the parties. One of those things is the effective date of termination. The EDT is the ...
Case Law

David Rice v Dignity Funerals Limited [2017]

Case reference:NIIT.2651/16   The claimant was the Northern Ireland Area Manager for the respondent’s funeral business. The claimant was suspended pending further investigation but was subsequently invited to a meeting in Scotland. The tribunal were satisfied that the claimant had probably been told that this was to be a ‘witho...
This article is listed under the following topics:
Unfair Dismissal Disciplinary and Grievance Issues
Case Law

Crawford v Network Rail Infrastructure Ltd [2017]

Case reference:UKEAT.0316_16_0811   The EAT has ruled that the minimum entitlement to rest breaks (20 minutes for most workers whose contract is in excess of six continuous hours in a period) must be at least 20 continuous minutes and cannot comprise, for example, a series of shorter break that could add up to 20 minutes. The Claiman...
This article is listed under the following topics:
Working Time and Leave
Case Law

Rochford v WNS Global Services (UK) Ltd & Ors [2017]

Case reference:EWCA.Civ.2205   The respondent is a global supplier of business process management services. The appellant was employed in a high-level VSL (‘Vertical Sales Lead’) role and had responsibility for several business sectors and receiving an annual salary of £90,000, together with a company car and a sizeable bonus. T...
This article is listed under the following topics:
Unfair Dismissal Discrimination and Equality Contracts of Employment
Case Law

Securitas — Serviços e Tecnologia de Segurança SA v ICTS Portugal — Consultadoria de Aviação Comercial SA, Arthur George Resendes and Others [2017]

Case reference:.(Case.C-200/16).   In Securitas — Serviços e Tecnologia de Segurança SA v ICTS Portugal — Consultadoria de Aviação Comercial SA, Arthur George Resendes and Others (Case C-200/16) the European Court considered the application of the rules under the Acquired Rights Directive to a situation where a client terminated a s...
This article is listed under the following topics:
Transfer of Undertaking (TUPE)
Case Law

Baker v (1) British Gas Services (Commercial) Limited (2) J&L Electrics (Lye) Limited [2017]

Case reference:EWHC.2302   Regulation 4 of TUPE transfers to a transferee all rights, powers, duties and liabilities under or in connection with a transferring employee's contract of employment. In Bernadone v Pall Mall Services Group Limited [2001] ICR 197 the Court of Appeal confirmed that a liability in connection with th...
This article is listed under the following topics:
Transfer Regulations (TUPE) Transfer of Undertaking (TUPE)
Case Law

Xerox Business Services Philippines Inc. Ltd (UK Ltd) v Zeb [2017]

Case reference:UK.EAT/0121/16   It is common ground that TUPE can apply even if the business or service being transferred is leaving the UK to go to another country, even if that country is outside the EU. That was established by the GB EAT in Holis Metal Industries Ltd v GMB [2008] IRLR 187. Often, there is no employment rights ...
Case Law

Mr E Bell v Prime Time Recruitment Ltd and others [2017]

Case reference:2401732/2016   The claimant was Managing Director of a brand that was a trading division of the respondent. He was from an Irish traveller background and claimed unfair dismissal, as well as harassment based on race. He was dismissed on six months’ notice principally for reasons relating to ‘trading performance a...
Case Law

The Chief Constable of Norfolk v Coffey [2017]

Case reference:UKEAT.0260_16_1912   Employees do not need to actually be disabled to be protected against discrimination on grounds of disability under equality laws (the Equality Act 2010 in GB or the Disability Discrimination Act 1995 in NI). Employees can be protected because they are associated with a disability (e.g. they are th...
This article is listed under the following topics:
Discrimination and Equality