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Case Law

R v McKenzie [2017]

Case reference:NICA.29   This case concerned a reference by the Director of Public Prosecutions of a sentence imposed by the Crown Court which, it was argued, was unduly lenient. The respondent had been convicted of manslaughter, as well as a number of health and safety offences arising out of the construction of an agricu...
This article is listed under the following topics:
Health and Safety Policies and Procedures
Case Law

Grainne Keenan v H A Emerson & Son Ltd [2017]

Case reference:NIIT.00017_17IT.   The issue for the tribunal was whether or not it had jurisdiction to hear the claimant’s unfair dismissal claim in light of the relevant time-limit provisions contained in the Employment Rights (Northern Ireland) Order 1996 (ERO). The claimant resigned by letter dated 30th August 2016, noting that...
Case Law

Hartley and others v King Edward VI College [2017]

Decision number:UKSC.39   Legal body:uksc The appellants participated in strike action for one full day in November 2011. As a result, the respondent withheld part of their salary. Their contracts of employment incorporated terms relating to working time from a collective agreement known as the Red Book. The appellants argued the formula u...
Case Law

Fulton and anor v Bear Scotland Ltd [2017]

Case reference:UKEATS/0010/16/JW   The latest decision in this long-running series of cases about holiday pay and the amount of pay due concerned whether the gap of more than three months between non-payments or underpayments of wages breaks the 'series' of deductions for the purpose of bringing a claim. The EAT has ruled that there...
Case Law

Kinnear v Marley Eternit t/a Marley Contract Services [2017]

Case reference:ET.Case.No:.S/4105271/16   The claimant became an apprentice roof tiler with the respondent in October 2014 and his apprenticeship contract was due to continue until November 2018. As a result of a downturn in business the claimant was informed that his employment was to end on the basis of redundancy. The respondent rejecte...
Case Law

Plant v API Microelectronics Limited [2017]

Case reference:3401454/2016   In this GB employment tribunal case, the Claimant had been employed by the respondent for 17 years in the capacity as an operator of machinery in the bonding area of the manufacturing unit. At the time of the Claimant's dismissal she had a clean disciplinary record. The respondents in December 2015...
This article is listed under the following topics:
Unfair Dismissal Disciplinary and Grievance Issues
Case Law

Roberta Gray v Shankill Women’s Centre [2017]

Case reference:NIIT.(CASE.REF:.2270/1)   The claimant had been the manager responsible for an education support project. The respondent organisation experienced significant difficulty in securing funding and had made various efforts to secure alternative funding to make up the shortfall it suffered. At the same time, unsuccessful applicat...
This article is listed under the following topics:
Unfair Dismissal Redundancy and Reorganisation
Case Law

Focus Care Agency Ltd and others v Roberts and others [2017]

Decision number:UKEAT.0143_16_2104   Legal body:ukeat The appeals in these three cases consider the proper approach to the question whether employees who sleep-in in order to carry out duties if required engage in “time work” for the full duration of the night shift or whether they are only entitled to the national minimum wage when they are awake and...
This article is listed under the following topics:
Working Time and Leave Pay and Conditions of Employment
Case Law

Gnahoua v Abellio London Limited [2017]

Case reference:2303661/2015   The claimant, a bus driver, was dismissed for gross misconduct after he was seen to be using his iPad whilst the bus he was driving was moving. He claimed that his right to be accompanied at his appeal hearing under the Employment Relations Act 1999 (see Employment Relations (Northern Ireland) Orde...
This article is listed under the following topics:
Unfair Dismissal Disciplinary and Grievance Issues
Case Law

Andrew Boxer v Excel Groups Ltd (in liquidation) [2017]

Case reference:3200365/2016   The claimant worked as a cycle courier and argued that when he worked for the respondent he was a worker pursuant to the Employment Rights Act 1996 (the GB equivalent of the Employment Rights (NI) Order 2016). When he began working for the respondent in September 2013 the claimant signed a contract...
This article is listed under the following topics:
Contracts of Employment Working Time and Leave