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Case Law

British Gas Trading Ltd v Lock and anor [2016] EWCA Civ 983

The Court of Appeal has delivered its judgement in the British Gas and Lock case and has concluded that the EAT was correct in ruling that the Working Time Regulations (WTR) can be interpreted to comply with the EU Directive from which they are derived to include results-based commission payments. ...
This article is listed under the following topics:
Working Time and Leave
Case Law

Wayne Quigley v Department for Communities (2016)

Case reference:2191/15   The claimant a Northern Ireland civil servant, working in what was the DSD. Throughout the period beginning in November 2014, and ending in August 2015, the claimant’s taxi fares, to and from work, were reimbursed by the Department for Employment and Learning (“DELNI”) pursuant to its “Access to Wo...
This article is listed under the following topics:
Discrimination and Equality
Case Law

Adam Thomas Forster v McKees Farm Shop Limited (2016)

Case reference:484/16   The claimant alleged that he had been unfairly dismissed and his case, effectively, was that the respondent had failed to carry out an adequate investigation before dismissal and had acted unreasonably in dismissing him for misleading the respondent regarding his late attendance at work. The claima...
Case Law

G4S Cash Solutions (UK) Ltd v Powell [2016]

Decision number:0243_15_2608   Legal body:ukeat Mr. Powell was an ATM engineer in London. After the Claimant became disabled through a back injury the Respondent gave him work in a new role (“key runner”) at his existing rate of pay and led him to believe that the role was long-term. The following year, however, it said that it was only prepare...
This article is listed under the following topics:
Discrimination and Equality Contracts of Employment
Case Law

Bartholomews Agri Food Limited v Michael Thornton [2016] EWHC 648 (QB)

Case reference:EWHC.648.(QB)   A restrictive covenant is a clause in an employment contract which is designed to prevent the solicitation of customers, clients, suppliers, other employees, or general competition for a defined period after the employee ceases his or her employment. The purpose of it is to protect the employer's c...
This article is listed under the following topics:
Contracts of Employment
Case Law

Kratzer v R+V Allgemeine Versicherung AG [2016]

Case reference:CJEU.C‑423/15.   Does a job applicant gain protection under the equal treatment Directive if the purpose of making the application is not to get the job but only to get the status of someone who could take a claim and gain compensation? The answer is no, according to the CJEU - that would be an abuse of the rights...
Case Law

Heather Theunissen v Department for Employment and Learning

Case reference:2210/15   The claimant argued that she had been advised and it had been agreed by HR that if she left her post on the grounds of inefficiency that she would receive a compensation package of £25,000. The respondent contended that she had been fairly dismissed on the ground of incapability arising from ill he...
This article is listed under the following topics:
Unfair Dismissal Sickness and Absence
Case Law

Amy Montague v The Board of Governors of St Patrick’s Primary School & The Council for Catholic Maintained Schools

Case reference:2326/15   The claimant had been employed by the first-named respondent as a temporary teacher from August 2014 until August 2015 on a 12 month fixed term contract. The expiry of the fixed term contract was considered a dismissal for the purposes of the 1996 Order. The respondent argued that the dismissal was...
This article is listed under the following topics:
Redundancy and Reorganisation Contracts of Employment
Case Law

Carolyn Donnelly v Belfast City Council [2016]

Case reference:NIIT.02460_15IT   The claimant held a temporary PA post with the respondent Council and went on her first period of maternity leave in November 2012 and returned to work in August 2013. She argued that the refusal to allow her to return to her original post was tainted by illegality as it was connected to her return...
This article is listed under the following topics:
Discrimination and Equality Working Time and Leave
Case Law

Cheryl Suzanne Campbell v Department of Justice & others [2016]

Case reference:NIIT.1170/15.2197/15   The claimant was employed in the Northern Ireland Civil Service in the Forensic Science Department of the Department of Justice. At the relevant times the claimant had been diagnosed as suffering from fibromyalgia and peripheral neuropathy and she alleged disability discrimination. Shortly before a...