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Case Law

Heather Burns v Peacehaven Care Services Limited [2016]

Case reference:1246/16.ampersand.1471/16   The claimant was employed by the respondent as a domiciliary care assistant. Her contract of employment required her to give four weeks’ notice but she left without giving any and claimed for unpaid holiday and sick pay. She also claimed that she was not provided with written terms and conditions o...
This article is listed under the following topics:
Contracts of Employment Pay and Conditions of Employment
Case Law

Pimlico Plumbers and Anor v Gary Smith [2017]

Decision number:EWCA.Civ.51   Legal body:ewca The question on this appeal is whether the Employment Tribunal (“the ET”) was correct to hold in a decision dated 16 April 2012 that the respondent, Gary Smith, was a worker within the meaning of S.230(3)(b) of the Employment Rights Act 1996 (“the ERA”) and regulation 2(1) of the Working Time Regul...
Case Law

J20 v Facebook Ireland Ltd [2016]

Decision number:NIQB.98   Legal body: The plaintiff brought claims alleging harassment and misuse of private information in relation to a series of postings about him on three web pages that the defendant hosted. They included photographs of the plaintiff with numerous captions all related to flag protests in Belfast in 2013. In apply...
Case Law

Jason Steele v Asda Stores Ltd [2017]

Case reference:NIIT.(CASE.REFS:.2252/15 .2253/15 .2375/15)   The claimant made claims for unfair dismissal and unlawful disability discrimination. The background facts are that a female colleague made allegations that a number of male colleagues sexually assaulted her and that the claimant had sent her abusive text and Facebook messages. The claimant was sus...
This article is listed under the following topics:
Disciplinary and Grievance Issues
Case Law

R (on the application of Miller and Dos Santos) v Secretary of State for Exiting the European Union and associated references

Decision number:[2017].UKSC.5   Legal body:uksc The UK Supreme Court has ruled by a majority of 8 to 3 that an Act of Parliament is required to authorise ministers to give Notice of the decision of the UK to withdraw from the European Union. The Supreme Court considers that the terms of the European Communities Act, which gave effect to the UK’s...
This article is listed under the following topics:
Tribunal Practice Procedures and Jurisdictional Issues
Case Law

Stratford v Auto Trail VR Ltd [2016]

Case reference:UKEAT.0116_16_3110   The employee in this case hardly had an exemplary record. In fact, he had been involved in 18 'serious discussions' about his poor performance over the years and was late on the day of his final disciplinary hearing because he went for a cigarette in case the hearing overlapped his morning break. T...
This article is listed under the following topics:
Unfair Dismissal Disciplinary and Grievance Issues
Case Law

First Group plc v Paulley [2017]

Decision number:UKSC.4   Legal body:uksc Mr Paulley, the appellant in this case, is a wheelchair user. He tried to get on a bus so he could catch a train to go onward and visit his parents. A woman with a sleeping child in a buggy was occupying the space reserved for wheelchair users. When asked to move by the driver, the woman refused, s...
This article is listed under the following topics:
Discrimination and Equality
Case Law

Sarah McCrossan v Department for Social Development [2016]

Case reference:00062_15FET   The claimant was employed in what was then the Department of Social Development (now the Department for Communities). In May 2015 an anonymous complaint was made to her employer about Facebook posts she had made during an election mentioning the DUP and the Minister who headed the Department. The c...
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...