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Case Law

Mr A M Mohamud (in substitution for Mr A Mohamud (deceased)) v WM Morrison Supermarkets plc [2016] UKSC 11

Case reference:[2016].UKSC.11   The UK Supreme Court has decided a second case this week related to an employer's vicarious liability for the actions of its employees. This case of Mr Mohamud, now deceased, is a harrowing case of a Somali man who pulled up to a petrol station run by Morrison Supermarkets and asked for some docume...
This article is listed under the following topics:
Disciplinary and Grievance Issues Contracts of Employment
Case Law

Cox (Respondent) v Ministry of Justice (Appellant) [2016] UKSC 10

Case reference:[2016].UKSC.10   Readers may recall that in February 2014 the Ministry of Justice was held liable for an injury, caused by a prisoner, to a catering manager at a prison kitchen. The then complainant, Ms Cox, was in Crown service and therefore was not actually an employee. Neither was the negligent prisoner, althoug...
Case Law

British Gas Trading Ltd v Lock and anor [2016]

Case reference:0189/15/BA   The EAT has delivered its judgement in the British Gas and Lock case. Readers will be aware that this test case involved a salesperson who received a basic salary and results-based commission. He received commission whilst on holiday as part of payments earned before the holiday but, because he had...
This article is listed under the following topics:
Working Time and Leave Pay and Conditions of Employment
Case Law

William McIlwrath v Walkers Snack Services Limited

Case reference:[2016].NIIT.1528/15   The claimant worked for the respondent as a Sales Development Representative. Following restructuring, the employer provided the claimant with a Volkswagen ‘Caddy’ vehicle which was a smaller model than other vehicles the company leased. The claimant began developing health problems and struggled ...
This article is listed under the following topics:
Unfair Dismissal Sickness and Absence Health and Safety
Case Law

Bone v North Essex Partnership NHS Foundation Trust

Case reference:[2016].EWCA.Civ.45   The claimant worked for a health trust as a nurse. He was a member of the recognised union, Unison, but also the 'leading light' in a small, non-recognised union, Workers of England Union. Unison did not take kindly to this new union on their patch and some of its members took offence at some of th...
Case Law

Donkor v The Royal Bank of Scotland [2015]

Case reference:UKEAT.0162_15_1610   The claimant was a senior manager in the Bank. During a restructuring exercise he sought redundancy and an early retirement option - he was aged 50. The costs to the bank of his severance package would have been in the region of £0.5m, so his case was referred upwards for approval. The bank baulked...
Case Law

Costley v HSE for Northern Ireland & Others [2016]

Case reference:NIIT.345/12 .2461/12 .485/13 .1621/13   The claimant was an occupational health nurse and after a period of retraining became re-graded as a health and safety inspector in December 2009. She became ill through anxiety and depression and was eventually given a phased return. The claimant was given an informal warning in relation to alle...
Case Law

Stadnick-Borowiec v Southern Health and Social Care Trust [2016]

Case reference:NICA.1   The NI Court of Appeal has ruled that a Polish GP’s claims of discrimination and unfair dismissal were “manifestly ill-founded and must fail.” It further commented that it was regrettable that the appellant had “chosen to invest so much wasted time and effort in pursuing a course which involved unf...
Case Law

Vivienne Elizabeth Costley v Health and Safety Executive for Northern Ireland & Others [2016]

Case reference:NIIT.345/12 .2461/12 .485/13 .1621/13   The claimant was an occupational health nurse and after a period of retraining became re-graded as a health and safety inspector in December 2009. She became ill through anxiety and depression and was eventually given a phased return. The claimant was given an informal warning in relation to alleg...
Case Law

Administrador de Infraestructuras Ferroviarias (ADIF) v Luis Aira Pascual [2015]

Case reference:C-509/14   In Administrador de Infraestructuras Ferroviarias (ADIF) v Luis Aira Pascual [2015] EUECJ C- 509/14, the European Court has considered the application of the business transfer rules under the Acquired Rights Directive to a case where a public authority which had outsourced the management of transpo...
This article is listed under the following topics:
Transfer of Undertaking (TUPE)