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Case Law

Barbulescu v Romania [2016]

Case reference:ECtHR.61496/08   The European Court of Human Rights has ruled that it may be permissible to monitor an employee's use of the internet, subject to the principles of proportionality and reasonableness. In this particular case, the claimant set up a Yahoo Messenger account for professional use but used it to send priv...
This article is listed under the following topics:
Human Rights
Case Law

Adrian Gerard Nugent v Royal Mail Group Limited

Case reference:[2015].NIIT.2762/14   Keywords: Unfair dismissal; Conduct; Reasonable Instruction; Health and Safety; Seatbelt; Previous Behaviour The claimant was dismissed for alleged gross misconduct following a road traffic accident involving one of the respondent’s delivery vans with the main issue being that he was not wearing hi...
Case Law

Maistrellis (Judgment) [2015]

Case reference:EUECJ.C-222/14   This case could prove to be an important one from the Court of Justice of the EU, concerning as it does the rights of fathers to take parental leave to look after a child, regardless of whether or not the mother is working. The case involved a Greek judge who wished to avail of the state's conditio...
This article is listed under the following topics:
Contracts of Employment Policies and Procedures
Case Law

Anne Artt v Mid & East Antrim Borough Council (CASE REF: 698/15)

Case reference:698/15   The claimant had been employed on a part-time basis as a project manager. There was a meeting between the claimant and the HR manager in the run-up to the expected termination of her fixed-term contract and it was made clear that the post would soon end due to lack of EU funding. The only viable op...
This article is listed under the following topics:
Discrimination and Equality Contracts of Employment
Case Law

Griffiths v The Secretary of State for Work And Pensions [2015]

Case reference:EWCA.Civ.1265   The employee worked for the employer for over 30 years when she started to experience the symptoms of conditions which were later diagnosed as post viral fatigue and fibromyalgia. She had 66 days off work, 62 of them related to her disability. She was given a formal written improvement warning whic...
This article is listed under the following topics:
Discrimination and Equality
Case Law

Rebecca Downie V Department for Social Development & others [2015]

Case reference:1050/14.2443/14   The claimant worked for the respondent as an administrative officer. She suffered from an active and severe form of Crohn’s disease and was off work for a number of periods, underwent surgery and was diagnosed with anxiety. Due to being absent from work for 80 working days she met with her line man...
This article is listed under the following topics:
Discrimination and Equality
Case Law

BT Managed Services Ltd v Edwards & Anor [2015]

Case reference:UKEAT.0241_14_0209   The EAT has found that a long term sick employee could not have been part of an assigned grouping of workers in a TUPE service provision change situation because he was not capable of working, insofar as the employee was not expected to return. The situation might be different if the employee were ...
This article is listed under the following topics:
Sickness and Absence Transfer of Undertaking (TUPE)
Case Law

Patrick Raymond McCartan v Farrans (Construction), t/a a division of Northstone (NI) Ltd

Case reference:756/15   The claimant claimed that there had been a series of unauthorised deductions from his wages with effect from 3 August 2009 to the date of hearing. It was the respondent’s contention that the claimant had consented to the withdrawal of certain weekly payments by virtue of his conduct over the previo...
This article is listed under the following topics:
Pay and Conditions of Employment
Case Law

Jordan Galbraith v Bombardier CASE REF: 57/15

Case reference:57/15   The claimant was employed under a three-year contract of apprenticeship and claimed that he had been unlawfully discriminated against by the respondent on grounds of his disability (dyslexia). There existed a ‘tri-partite arrangement’ where “on the job” training was provided by the respondent while...
This article is listed under the following topics:
Discrimination and Equality
Case Law

Kathleen Greenfield v The Care Bureau Ltd [2015]

Case reference:CJEU.C.219/14   How do you calculate a worker's entitlement to annual leave where their hours increase or decrease as their contract varies, e.g. they go from part-time to full-time hours or vice versa? Each period must be separately calculated, according to the CJEU:"... as regards the accrual of entitlement to p...