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Case Law

Walker v Innospec Limited and others [2017]

Case reference:UKSC.47   The appellant, a gay man, worked for the respondent from 1980 until his retirement in 2003. Throughout that period, he made regular contributions to the firm’s occupational pension scheme. He lived with his male partner since 1993 and they entered into a civil partnership in 2006 and are now marrie...
This article is listed under the following topics:
Discrimination and Equality Pensions
Case Law

Williams v The Trustees of Swansea University Pension & Assurance Scheme and Swansea University [2017]

Case reference:EWCA.Civ.1008   The Claimant suffered from several disabilities including depression and Tourette’s syndrome and was initially allowed to work part-time. He was then granted early retirement on the grounds of ill health. The University’s pension scheme entitled him to an enhanced pension based upon the salary he w...
This article is listed under the following topics:
Discrimination and Equality Pensions
Case Law

OCS Group UK v Dadi [2017]

Case reference:EWHC.1727.(Ch)   In OCS Group UK v Dadi the High Court sentenced an employee to six weeks’ imprisonment for contempt of court. The employee, Mr Dadi, violated an order banning him from disclosing confidential information belonging to his employer and informing others of the order imposed. The interim injunction req...
This article is listed under the following topics:
Contracts of Employment
Case Law

De Souza v Vinci Construction UK Ltd [2017]

Case reference:EWCA.Civ.879   This was an appeal to the Court of Appeal (CA) from the decision of the Employment Appeal Tribunal (EAT). The relatively straightforward issue in the appeal was whether a 10% uplift should be applied to awards of compensation for injury to feelings and for psychiatric injury in discrimination cases...
Case Law

McElroy v Cambridgeshire Community Services NHS Trust [2014]

Case reference:ET/3400622/14   The claimant worked as a Healthcare Assistant for the NHS Trust. He was suspended from his duties and a disciplinary investigation was initiated following an allegation that he had reported for work under the influence of alcohol. The claimant denied arriving to work inebriated claiming he had mere...
This article is listed under the following topics:
Unfair Dismissal Disciplinary and Grievance Issues Health and Safety
Case Law

Brighton and Sussex University Hospitals NHS Trust v Akinwunmi and others [2017]

Case reference:UKEAT.0345_16_2906   This was an appeal to Employment Appeal Tribunal from a decision that the claimant, who was employed as a consultant neurosurgeon, had been unfairly dismissed. The core of the Trust’s case before the Employment Tribunal was that it was entitled to dismiss the claimant because he had taken 20 months...
This article is listed under the following topics:
Unfair Dismissal Disciplinary and Grievance Issues
Case Law

Small v Shrewsbury and Telford Hospitals NHS Trust [2017]

Case reference:EWCA.Civ.882   The appellant worked as a project manager for the Shrewsbury and Telford Hospitals NHS Trust. He secured the position through an agency on a temporary basis with a view to permanency. Two months later he was dismissed. He argued the termination of his employment was because he had made a protected ...
This article is listed under the following topics:
Unfair Dismissal Whistleblowing (Protected Disclosures)
Case Law

Roy Robert Hillerby v Castle Engineering & Construction Company Ltd [2017]

Case reference:2768/16   The claimant worked as a security guard for the respondent which provides security services for the Belfast Telegraph. In 2015, the respondent was informed by its client that it would be selling its building and moving to smaller premises. The implication for the respondent was that the number of ...
This article is listed under the following topics:
Redundancy and Reorganisation
Case Law

Thomas McCann MBE v Extern Organisation Ltd (No.2) [2017]

Case reference:NICA.33   This was an appeal against a decision by a Fair Employment Tribunal dismissing a claim for discrimination on the grounds of political opinion. The appellant worked as a programme manager for the respondent providing services to adult homeless. In 2006 the claimant had brought a claim for sexual dis...
This article is listed under the following topics:
Discrimination and Equality
Case Law

Unionen v Almega Tjänsteförbunden & ISS Facility Services AB

Case reference:Case.C-336/15   Key Issues: Social Policy – TUPE – Collective Agreement - Period of Notice and Length of Service Case: Unionen v Almega Tjänsteförbunden & ISS Facility Services AB Reference: Case C-336/15, CJEU (Tenth Chamber), 6 April 2017 Legislation: Directive 2001/23/EC This request for a preliminary ruli...
This article is listed under the following topics:
Collective and Trade Union Issues Transfer of Undertaking (TUPE)