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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)
Case Law

Anglo Beef Processors UK v Longland UKEATS/0025/15/JW

Case reference:UKEATS/0025/15/JW.   In order for there to be a service provision change TUPE transfer under regulation 3(1)(b) of TUPE the activities taken over by the new provider must remain "fundamentally the same" as before the transfer. This requirement was introduced into the TUPE Regulations 2006 in 2014. This requirement is...
This article is listed under the following topics:
Transfer of Undertaking (TUPE)
Case Law

David McCartney v Mercury Security Management Ltd [2017]

Case reference:386/16   The claimant worked for the respondent as a CCTV operator. Since 1 December 2009, relevant CCTV operators are legally obliged to possess a CCTV licence granted by the Security Industry Authority (SIA). The claimant argued that the respondent had failed to pay his SIA licence fee and that he had suf...
This article is listed under the following topics:
Contracts of Employment Pay and Conditions of Employment
Case Law

Houston v Swissport GB Ltd & Colin Morrow [2017]

Case reference:93/16.FET.2247/16   The claimant was employed by the respondent which provided baggage handling and cargo handling services at Belfast International Airport. He had been employed on a part-time and temporary contract which was initially renewed but then later allowed to expire. The claimant was also a Christian pastor...
This article is listed under the following topics:
Discrimination and Equality
Case Law

Abercrombie & Fitch Italia Srl v Antonino Bordonaro [2017]

Case reference:Case.C-143/16   Key Issues: Social Policy – Equal Treatment – Age Discrimination Case: Abercrombie & Fitch Italia Srl v Antonino BordonaroReference: Case C-143/16, CJEU (First Chamber), 19 July 2017Legislation: Directive 2000/78/ECMr Bordonaro was employed by Abercrombie from 14 December 2010 on a ‘fixed-term ...
Case Law

Ute Kleinsteuber v Mars GmbH [2017]

Case reference:Case.C-354/16   Key Issues: Social Policy – Equal Treatment – Method for calculating acquired pension rights – Part Time Workers Case: Ute Kleinsteuber v Mars GmbH Reference: Case C-354/16, CJEU (First Chamber), 13 July 2017 Legislation: Directive 2000/78/ECMs Kleinsteuber, born on 3 April 1965, was employed by M...
This article is listed under the following topics:
Contracts of Employment Pensions
Case Law

Luís Manuel Piscarreta Ricardo v Portimão Urbis, E.M., SA, in liquidation [2017]

Case reference:Case.C-416/16   Key Issues: Social Policy – TUPE – Concept of “employee”Case: Luís Manuel Piscarreta Ricardo v Portimão Urbis, E.M., SA, in liquidationReference: Case C-416/16, CJEU (Eighth Chamber), 20 July 2017Legislation: Directive 2001/23/ECMr Piscarreta Ricardo performed duties as an administrator, and later...
Case Law

Dudley Metropolitan Borough Council v Mr G Willetts and Others [2017]

Case reference:UKEAT033416JOJ   The EAT has delivered a significant judgment further clarifying the law on holiday pay which will be of interest to employees and employers throughout the UK.The lead claimants were part of 56 employees employed as plumbers, electricians, roofers and storemen and were responsible for the repair and...
This article is listed under the following topics:
Working Time and Leave Pay and Conditions of Employment
Case Law

BAE Systems (Operations) Ltd v Konczak [2017]

Case reference:EWCA.Civ.1188   Mrs Konczak was employed as a secretary until her dismissal in 2007. She had experienced a long history of stress and problems in the workplace which eventually led to a mental breakdown. One particular incident in April 2006 which involved a sexist comment from her line manager was described as th...
This article is listed under the following topics:
Sickness and Absence Discrimination and Equality