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Case Law

Brown & Anor v Neon Management Services Ltd & Anor [2018]

Case reference:EWHC.2137.(QB)   The claimants claimed that the respondents breached their contracts of employment by, amongst other things, failing to pay salary increases and discretionary bonuses. They argued that these breaches amounted to a repudiatory breach of contract which entitled them to resign. The respondent had attem...
Case Law

Talon Engineering Ltd v Smith [2018]

Case reference:UKEAT/0236/17/BA   The claimant was suspended and was invited to a disciplinary hearing which was initially postponed due to sickness and was then rescheduled. The claimant’s union representative was unable to represent her that week and indicated that his earliest availability would be two weeks later. The responden...
This article is listed under the following topics:
Unfair Dismissal Policies and Procedures
Case Law

Mr M Genus and Mr M Kelly v Fortem Solutions Limited [2018]

Case reference:1304270/2017   The claimants, Mr Genus and Mr Kelly, worked for the respondent, Fortem Solutions Ltd, a national property solutions provider specialising in repairs, maintenance, energy services and planned project work. The claimants worked as property repairmen and, as such, they were provided with a company v...
Case Law

Geraldine Ann O’Hanlon v Leann Nicholson, t/a Sheer Glamour [2018]

Case reference:NIIT.7382/17   The claimant was employed as a hair stylist and worked 24 hours per week. The respondent decided to relocate premises, and initially offered the claimant reduced hours. The claimant was subsequently offered a new contract with the full 24 hours and it included a ‘shortage of work’ clause. The claim...
Case Law

X v. Y Ltd [2018]

Case reference:UKEAT.0261_17_0908   The claimant, X, worked for the respondent company, Y Ltd, until his dismissal in January 2017. The claimant has a medical condition, suffering from Type 2 Diabetes and Obstructive Sleep Apnoea. In 2011 concerns were raised as to his performance, something which he disputed. He subsequently brought...
Case Law

Office Equipment Systems Ltd v Hughes [2018]

Case reference:EWCA.Civ.1842   The claimant Ms Hughes issued a claim in the employment tribunal in Cardiff for unfair dismissal, sex discrimination, notice pay, holiday pay and arrears of pay against her employer, Office Equipment Systems Ltd. The respondent company failed to lodge a response within the specified timeframe. Wher...
This article is listed under the following topics:
Tribunal Practice Procedures and Jurisdictional Issues
Case Law

Mr M S Doy v Clays Ltd [2018]

Case reference:UKEAT/0034/18/DA   The claimant was dismissed for gross misconduct relating to ‘aggressive and threatening behaviour’. It was alleged that he had made comments about management and their children and that he ‘hoped they died’. Another comment threatened to find out where a manager lived. The claimant argued that ther...
This article is listed under the following topics:
Unfair Dismissal Discrimination and Equality Policies and Procedures
Case Law

R (AR) v Chief Constable of Greater Manchester Police & Anor

Case reference:[2018].UKSC.47   The appellant, AR, was a qualified teacher. He was charged with the rape of a teenage girl while working as a taxi driver in 2009. A jury found him not guilty and he was acquitted. He subsequently applied for various teaching jobs, which required an Enhanced Criminal Record Certificate (ECRC) under...
This article is listed under the following topics:
Human Rights
Case Law

Mr A Haydar v Pennine Acute NHS Trust [2018]

Case reference:EWCA.Civ.1435   The appellant had earlier appealed against a decision of the employment tribunal and had posted all relevant documents a fortnight before the expiry date for appealing. The EAT had no record of receiving the documents and it was only 6 weeks after postage that the appellant realised he had heard no...
This article is listed under the following topics:
Tribunal Practice Procedures and Jurisdictional Issues
Case Law

Barclays Bank PLC v Various Claimants [2018]

Case reference:EWCA.Civ.1670   The central question in this appeal related to the scope of vicarious liability. The CA had to decide whether an employer could be held vicariously liable for assaults perpetrated by a doctor who carried out medical examinations and assessments on behalf of the employer. The decision is particularl...
This article is listed under the following topics:
Contracts of Employment