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Case Law

Paula Wilson v Rascals Day Nurseries [2017]

Decision number:CASE.REF:.2124/16   Legal body:niiet The claimant was employed by the respondent as a nursery assistant when she was sacked for gross misconduct. The incident to which the dismissal related occurred in the early hours of a Sunday morning after a night out when the claimant had a verbal confrontation with another employee, Ms Brown, w...
This article is listed under the following topics:
Disciplinary and Grievance Issues Policies and Procedures
Case Law

Paula McKeown v Inspire Disability Services Ltd [2017]

Case reference:862/17   The respondent was a limited company providing care and support, including residential services, to vulnerable adults. It was uncontested that a particularly challenging patient with severe learning disabilities had moved to the home and the claimant gave evidence that she felt concerned at working...
This article is listed under the following topics:
Unfair Dismissal Disciplinary and Grievance Issues
Case Law

British Airways v Pinaud (Part Time Workers) [2017]

Case reference:UKEAT.0291_16_0108   Clause 4, The Principle of Non-Discrimination, of the Framework Agreement on Part-Time work implemented by the Part-Time Workers Directive 97/81/EC and extended to the United Kingdom by Directive 98/23/EC states: “In respect of employment conditions, part-time workers shall not be treated in a less...
Case Law

Mr C Yucetas v Ersan and Co Solicitors [2017]

Case reference:3323966/2016   The claimant, a paralegal, worked part-time at the respondent solicitor’s firm and was initially employed by way of oral contract. There was no dispute between the parties that a meeting had been held in May 2015 regarding bonuses for paralegals and the claimant was eligible for an increased bonus....
This article is listed under the following topics:
Contracts of Employment Pay and Conditions of Employment
Case Law

Chesterton Global Ltd & Anor v Nurmohamed & Anor (Rev 1) [2017]

Case reference:EWCA.Civ.979   The claimant brought a whistleblowing claim after the respondent changed the method by which it paid commission to its employees from a system based on revenue to one calculated on profits. He argued that 100 other managers were also affected and that the complaint was in the ‘public interest’ base...
This article is listed under the following topics:
Contracts of Employment Whistleblowing (Protected Disclosures)
Case Law

Bărbulescu v Romania [2017]

Readers may remember that we reported on this case at the European Court of Human Rights in January 2016. It involved a Romanian employee who was employed in Bucharest as a sales engineer. At his employer’s request, for the purpose of responding to customers’ enquiries, he created an instant messag...
Case Law

Dr J Gosalakkal v University Hospitals of Leicester NHS Trust [2017]

Case reference:ET.1900030/2012   The claimant in this GB tribunal case unsuccessfully claimed for breach of contract, unfair dismissal, race discrimination, and public interest disclosures. A costs order was made against him and he was ordered to pay the respondent’s costs to be assessed as a result of what was considered his unre...
This article is listed under the following topics:
Tribunal Practice Procedures and Jurisdictional Issues
Case Law

The Guinness Partnership v Szymoniak [2017]

Case reference:UKEAT/0065/17/DA   The claimant argued disability discrimination and successfully contended before the ET that he satisfied the definition of a disabled person by reason of the long-term effects of mental impairment. The ET had not given any directions for expert medical evidence but instead relied on the claimant’s...
This article is listed under the following topics:
Discrimination and Equality
Case Law

Ricardo v Portimão Urbis, E.M., SA, in liquidation, Município de Portimão Emarp – Empresa Municipal de Águas e Resíduos de Portimão, EM, SA

Case reference:C-416/16   In Luís Manuel Piscarreta Ricardo v Portimão Urbis, E.M., SA, in liquidation, Município de Portimão Emarp – Empresa Municipal de Águas e Resíduos de Portimão, EM, SA (Case C-416/16) the European Court has discussed two important issues arising from a decision by a local council to wind up its tradi...
This article is listed under the following topics:
Transfer of Undertaking (TUPE)
Case Law

ICAP Management Services Ltd v Berry

Case reference:[2017].EWHC.1321.(QB)   A senior executive was placed on garden leave. Were the circumstances such that a TUPE transfer enabled him to object to it and terminate his garden leave? No, held the High Court in ICAP Management Services Ltd v Berry. Mr Berry worked for ICAP Management Services Ltd, which was a service compan...
This article is listed under the following topics:
Transfer of Undertaking (TUPE)