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Case Law

Bellman v Northampton Recruitment Ltd [2018]

Case reference:EWCA.Civ.2214   The claimant was employed as a sales manager. In December 2011, the respondent held a Christmas party which the court noted is an event often “dreaded by some and an annual highlight for others”. Alcohol was unsurprisingly a feature of the party at a golf club and the festivities continued to a nea...
This article is listed under the following topics:
Disciplinary and Grievance Issues Health and Safety
Case Law

Colin McArthur, Karen McArthur & Ashers Baking Company Ltd v Gareth Lee [2018]

Case reference:UKSC.49   The UK Supreme Court has delivered the much anticipated ruling in the Northern Ireland Ashers v Lee ‘gay cake’ case. The five justices on the Supreme Court were unanimous in their judgement. The high-profile dispute began in 2014 when the bakery refused to make a cake with the slogan "Support Gay M...
This article is listed under the following topics:
Discrimination and Equality Human Rights
Case Law

Mr D Nolan v XPO Bulk UK Limited [2018]

Case reference:Case.Number:.3200250/2016   In this case a tanker driver who accidentally spilled fuel on a garage forecourt was awarded £23,000 in compensation for unfair dismissal and was reinstated. The claimant was employed by the respondent company as a tanker driver, delivering fuel to petrol and filling stations across the UK. He brou...
This article is listed under the following topics:
Unfair Dismissal Disciplinary and Grievance Issues
Case Law

The Director of the Serious Fraud Office v Eurasian Natural Resources Corporation Ltd [2018]

Case reference:EWCA.Civ.2006   The SFO initiated proceedings challenging the appellant’s claims to privilege over documents generated by solicitors and accountants during an internal investigation. The main issue was whether the notes of interviews between the appellant’s lawyers and employees should be regarded as being subject...
This article is listed under the following topics:
Tribunal Practice Procedures and Jurisdictional Issues
Case Law

Francis Mutombo-Mpania v Angard Staffing Solutions Ltd [2018]

Case reference:UKEATS/0002/18/JW   In this case the employee failed to provide evidence of how his disability adversely impacts his normal day to day activities. The claimant was a flexible worker for Angard Staffing, a company that supplies Royal Mail with casual staff. He suffers from essential hypertension, namely high blood pres...
This article is listed under the following topics:
Discrimination and Equality
Case Law

Rana v London Borough of Ealing & Anr; Bonnie v Department for Work and Pensions [2018]

Case reference:EWCA.Civ.2074   Both appellants had been represented by solicitor firms who came off the record before the claims were determined. The written judgments were erroneously sent out to the solicitors rather than the appellants themselves. Appeals were lodged in both cases and were rejected for being outside the 42-da...
This article is listed under the following topics:
Tribunal Practice Procedures and Jurisdictional Issues
Case Law

Gary Wilson v Robinson Services Limited [2018]

Case reference:CASE.REF:.4837/17IT   The claimant worked for the respondent as a key account manager. He was diagnosed with testicular cancer and initially took some time off work with the respondent’s full support. The claimant did eventually return to work with a two-week phased return and was allowed to manage his start and finish ...
This article is listed under the following topics:
Unfair Dismissal Discrimination and Equality
Case Law

East Kent Hospitals University NHS Foundation Trust v Mrs P Levy [2018]

Case reference:UKEAT/0232/17/LA   The claimant worked in the records department of the respondent Trust. She successfully applied for a position within the radiology department conditional upon satisfactory pre-employment checks. She furnished a letter to her manager stating “please accept one month’s notice from the above date.” T...
This article is listed under the following topics:
Unfair Dismissal
Case Law

IR v JQ [2018]

Case reference:Case.C-68/17   In this case the Federal Labour Court in Germany asked the European Court of Justice (ECJ) for a preliminary ruling on whether a Catholic doctor’s dismissal from a managerial position in a Catholic hospital, for remarrying after divorce, constituted unlawful discrimination on grounds of religion. T...
This article is listed under the following topics:
Unfair Dismissal Discrimination and Equality Contracts of Employment
Case Law

Mr N Francis – McGann v West Atlantic UK Limited [2018]

Case reference:Case.Number:.1303361/2017   The claimant applied for a pilot position with the respondent airline operator and was successful. He was trained and then commenced work as a Captain. It was undisputed that he had lied on his application form about his previous work experience, but he had also provided a false reference. The refe...
This article is listed under the following topics:
Disciplinary and Grievance Issues Probation Recruitment and Selection