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Case Law

Pujante Rivera v Gestora Clubs Dir SL and Fondo de Garantía Salarial [2015]

Case reference:EUECJ.C-422/14   This case has an unusual spin on the EU Collective Redundancies Directive (No.98/59). The CJEU Directive does not expressly define the concept of 'redundancy', the term has to be regarded as a concept of EU law which cannot be defined by reference to the laws of the Member States. That includes cas...
Case Law

Aleksandra Goreczna v David Currie and Pamela Currie, t/a Currie’s Spar CASE REF: 1241/14

Case reference:1241/14   The claimant worked for the respondents as a Sales Assistant. She was involved in a serious road accident in her home country of Poland whilst on maternity leave and had a lengthy recovery from severe injuries. She claimed that upon her return she told the respondent that she wanted to either exten...
This article is listed under the following topics:
Unfair Dismissal
Case Law

John Davis v Palmer and Harvey McLane Ltd CASE REF: 2602/14

Case reference:2602/14   The claimant was employed by the respondent as a Distribution Centre Manager. There were serious concerns over fuel irregularities and breach of company policies. After a disciplinary hearing the claimant was dismissed for gross misconduct and breach of trust and confidence. However, the latter cha...
This article is listed under the following topics:
Unfair Dismissal
Case Law

Jacek Prochownik v IRS Recycling Services Ltd (In Liquidation CASE REF:253/15

Case reference:253/15   The respondent was a waste management company which ceased operations with immediate effect in December 2014. All employees, including the claimant, were informed that they were being dismissed because of the closure of the business. Since at least 20 staff were employed, duties were owed under Art...
This article is listed under the following topics:
Redundancy and Reorganisation Collective and Trade Union Issues
Case Law

MBNA Ltd v Jones [2015]

Case reference:UKEAT.0120_15_0109   Work and drink - never a sensible mix. The employer in this case was celebrating its 20th anniversary with a night at Chester racecourse. Mr Jones and a colleague, Mr Battersby, had been drinking beforehand and engaged in some "fun/banter", which escalated into the less funny punch in the face by M...
This article is listed under the following topics:
Unfair Dismissal
Case Law

Monmouthshire County Council v Harris [2015]

Case reference:UKEAT.0010_15_2310   The EAT in this case has confirmed that a tribunal, when dealing with an unfair dismissal case based on long term absence, must follow the Scottish Court of Session case BS v Dundee City Council [2013] ScotCS CSIH_91, which concluded that tribunals must consider whether an employer could have been ...
This article is listed under the following topics:
Unfair Dismissal Discrimination and Equality
Case Law

Inex Home Improvements Limited v Hodgkins & Others UKEAT/0329/14/JOJ

Case reference:UKEAT/0329/14/JOJ   In Inex Home Improvements Limited v Hodgkins & Others UKEAT/0329/14/JOJ the claimant employees worked on contracts which had been subcontracted to Inex, their employer, by another organisation. The work was released by the main contractor in tranches, each with its own works number. During No...
This article is listed under the following topics:
Transfer of Undertaking (TUPE)
Case Law

Ferreira da Silva e Brito & others v Estado Português (Case C-160/14)

Case reference:C-160/14   In Ferreira da Silva e Brito & others v Estado Português (Case C-160/14) the European Court considered the winding up of Air Atlantis and the taking over of its activities by its major shareholder TAP. TAP disputed that there was a transfer of an undertaking. But TAP took over the routes prev...
This article is listed under the following topics:
Transfer of Undertaking (TUPE)
Case Law

Grazyna Staszewska & Anna Zelakiewicz v Department for Employment and Learning and Others CASE REFS: 2454/14 2456/14

Case reference:2454/14.2456/14   The claimants were cleaners who, over the period of 3 months, were employed by 3 separate companies. The tribunal held that ‘service provision changes’ (SPC), within the meaning of the SPC (POE) Regs (NI) 2006, took place firstly in March 2014 (as the claimants were dismissed then immediately hired...
This article is listed under the following topics:
Transfer of Undertaking (TUPE)
Case Law

USA v Nolan [2015] UKSC63

Case reference:UKSC63   Regular readers will be aware of this long-running case about when the requirement to consult with employee representatives starts - at the time redundancies are proposed or at the point when a decision is being made to effect redundancies. In 2006 the United States of America closed a watercraft r...
This article is listed under the following topics:
Unfair Dismissal Redundancy and Reorganisation