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Case Law

Glenn McCullough v Antrim and Newtownabbey Borough Council [2016]

Decision number:NIIT.01384_16IT   Legal body:niit The claimant had been employed by the respondent for 12 years. He was disciplined and received a Final Written Warning for falsifying reports of a work incident and contravening health and safety policy. It was clear that there was discord between the claimant and his manager and he decided to cove...
Case Law

Jo-Anne Peters v South Eastern Health and Social Care Trust [2016]

Case reference:NIIT.01108/16IT   At the substantive hearing, the respondent made a successful adjournment application based on late production of a psychiatric report by the claimant. It was received a mere 3 days before hearing which was due to last for two weeks. The adjournment was granted to allow the respondent to instruct it...
Case Law

United Lincolnshire Hospitals NHS Foundation Trust v Farren [2016]

Case reference:UKEAT.0198_16_1411.   The claimant was a long-serving Staff Nurse employed by the respondent NHS Trust in A&E. During the course of a particularly stressful overnight shift, she had administered medication to four patients without prior prescription by a doctor and failed to properly complete records. She was dism...
Case Law

Habib Khan (Respondent) v General Pharmaceutical Council (Appellant) (Scotland) [2016]

Decision number:UKSC.64   Legal body:uksc This case should be of interest to professional bodies, particularly those concerned with the discipline of professional colleagues. The disciplinary panels of bodies which regulate professional conduct conventionally have power to suspend a professional's right to practise for a specified period. ...
This article is listed under the following topics:
Disciplinary and Grievance Issues
Case Law

Hampshire County Council v Wyatt [2016]

Case reference:UKEAT.0013_16_1310   The Employment Tribunal in this case found that the Claimant’s suspension was not an unlawful act but was the most proximate cause of her depression and triggered that depression. The Respondent appealed against an award for personal injury on the basis that the Employment Tribunal was wrong to mak...
Case Law

Daouidi v Bootes Plus SL [2016]

Case reference:EUECJ.C-395/15   The claimant in this case was a Barcelona chef who hurt his elbow at work and was dismissed after six months' incapacity. The prognosis was uncertain at the time of dismissal. Could he have been disabled and therefore protected under the Directive and related domestic legislation? The answer appear...
This article is listed under the following topics:
Sickness and Absence Discrimination and Equality
Case Law

Bellman v Northampton Recruitment Ltd [2016] EWHC 3104

Case reference:3104   You will be aware of the shock waves caused by the Supreme Court's ruling in Mohamud v WM Morrison Supermarkets PLC [2016] UKSC 11, where the employer was held vicariously liable for injuries caused to a customer by a violent and bigoted employee at a filling station owned by the supermarket. This ...
This article is listed under the following topics:
Disciplinary and Grievance Issues Contracts of Employment
Case Law

Marc Van Rompaey v Concentrix Europe Ltd (2016)

Case reference:1455/16   The claimant had worked for the respondent, a company operating a call centre, for approximately eight years as a customer support worker. The respondent raised concerns about the claimant’s work; namely that he failed to respond to requests for live e-mail chats from customers, letting those reque...
This article is listed under the following topics:
Unfair Dismissal Disciplinary and Grievance Issues
Case Law

Grange v Abellio London Ltd [2016]

Decision number:UKEAT.0130_16_1611   Legal body:ukeat Most adult workers are entitled to a minimum 20 minute daily rest breaks under the Working Time Regulations, which derive from the Directive. For most employees, such daily rest breaks will mean a lunch break of at least 20-30 minutes. But does the worker have to request such a break to be 'refused...
This article is listed under the following topics:
Working Time and Leave
Case Law

Molyneaux v Department of Agriculture, Environment and Rural Affairs & Department of Finance [2016]

Decision number:NIIT.01147_15IT.   Legal body:niiet The claimant in this case claimed that she had been directly and indirectly discriminated against by the respondent on the ground of her sex. One particular issue focused on the claimant’s allegation that the respondent indirectly discriminated against women with respect to its career break policy....
This article is listed under the following topics:
Sickness and Absence Discrimination and Equality