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Case Law

AR, R (on the application of) v Greater Manchester Police & Anor [2016] EWCA Civ 490

Case reference:EWCA.Civ.490   The claimant in this case was a qualified teacher who, whilst working as a taxi driver some six or seven years ago, was accused, tried and acquitted of rape. He later applied for various teaching posts but was not successful. The main reason appears to have been that the 'enhanced criminal record c...
This article is listed under the following topics:
Human Rights Recruitment and Selection
Case Law

Leanne Hutchinson v Cova Bars Limited (CASE REF: 2574/15)

Case reference:CASE.REF:.2574/15   The claimant was employed as a chef by the respondent over a period of 15 years. Over that time, she had received increases in her wages. She claimed that she had been discriminated against on grounds of her gender in that she had received less favourable treatment from the employer (i.e. a unilate...
This article is listed under the following topics:
Discrimination and Equality
Case Law

Achbita and anor v G4S Secure Solutions NV [2016] CJEU Case C 157/15 (AG's Opinion)

Case reference:CJEU.Case.C.157/15.(AG.Opinion)   Not according to the opinion of the Advocate General in this case. ** Note: The CJEU decision in the case of Samira Achbita v G4S Secure Solutions NV was published in 2017. ** The opinion in this case involving a receptionist working for G4S starts with two questions: Is a private employer permitte...
This article is listed under the following topics:
Discrimination and Equality
Case Law

Mark O’Hare v Hastings Hotels Group Ltd [2016] NIIT 1525/15

Case reference:NIIT.1525/15   The claimant was employed as a concierge at the Slieve Donard Hotel and was dismissed as a result of an alleged breach of procedure leading to a loss of trust and confidence. The claimant had signed for, and took delivery of, a large consignment of chocolates that went missing. They were ultimately...
This article is listed under the following topics:
Unfair Dismissal
Case Law

Gomes v Higher Level Care Ltd [2016]

Decision number:UKEAT.0017_16_1805   Legal body:ukeat The business carried out by the respondent is the provision of accommodation and support for vulnerable young people. The claimant sought compensation, including for a failure to allow her rest breaks she alleged caused “damage on my health and well-being”. The tribunal found that the respondent d...
Case Law

Derek Donaghy v Alpha LSG Ltd [2016]

Decision number:NIIT.2677/15   Legal body:niit The claimant was employed for approximately five years as a shift leader in the respondent’s bonded warehouse at Belfast Airport. A pallet load of cigarettes was discovered to be missing from the warehouse valued in excess of £40,000.00. The claimant gave conflicting excuses for the disappearance o...
This article is listed under the following topics:
Unfair Dismissal Disciplinary and Grievance Issues
Case Law

Gibbs v Leeds United Football Club Ltd [2016]

Decision number:EWHC.960   Legal body:ewhc The claimant was Assistant Manager at Leeds United Football Club. He had worked with the Manager, Brian McDermott, who was sacked. The claimant was offered, but declined, the position of Head Coach. Although he declined that position, he was kept on as Assistant Manager. A new Head Coach was appoi...
This article is listed under the following topics:
Disciplinary and Grievance Issues Contracts of Employment
Case Law

Patricia Flanagan v Belfast Metropolitan College [2016]

Case reference:NIIT..1085/15   The claimant had been employed by the respondent as ‘Creativity and Innovation’ lead. She was dismissed on 6 March 2014 following an investigation and disciplinary process. The claimant appealed, in accordance with the employment contract, to an Independent Appeal Committee (IAC) which allowed the ...
Case Law

Arch Initiatives v Greater Manchester West Mental Health NHS Foundation Trust and Others [2016]

Case reference:UKEAT.0267_15_2101   In recent decisions the Employment Appeal Tribunal has, notwithstanding the usual stricture by the courts that service provision change under regulation 3(1)(b) of TUPE (Regulation 3 of the NI SPC Regs) must be given a plain and literal meaning, advanced a common sense interpretation of the wording...
This article is listed under the following topics:
Transfer of Undertaking (TUPE)
Case Law

Mustafa and Steen v (1) Trek Highways Services Limited and Others [2016]

Case reference:UKEAT/0063/15/BA.   In Mustafa and Steen v (1) Trek Highways Services Limited (2) Amey Services Limited (3) Ringway Jacobs Limited UKEAT/0063/15/BA Simler J reviewed the law on business transfers and service provision changes, overturning an employment tribunal decision which displayed errors in applying the law to th...
This article is listed under the following topics:
Transfer of Undertaking (TUPE)