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Case Law

Quintiles Commercial UK Ltd v Barongo [2018]

Case reference:UKEAT.0255_17_1603   The claimant, a medical sales representative, was dismissed on notice for two acts of misconduct, namely, failing to complete an online compulsory training exercise and failing to attend a compulsory training course. At the disciplinary hearing the claimant argued there were certain mitigating circ...
This article is listed under the following topics:
Unfair Dismissal Disciplinary and Grievance Issues
Case Law

City of York Council v Grosset [2018]

Case reference:EWCA.Civ.1105   This case concerned a teacher who suffered from cystic fibrosis. Mr Grosset was former head of English at the Joseph Rowntree School, a secondary school operated by the City of York Council. The respondent employer was aware of his disability and made reasonable adjustments accordingly. Following t...
This article is listed under the following topics:
Unfair Dismissal Discrimination and Equality
Case Law

Roddis v Sheffield Hallam University [2018]

Case reference:UKEAT.0299_17_2603   In Roddis v. Sheffield Hallam University the EAT held a worker employed under an associate lecturer's contract of employment described by the Employment Tribunal as a zero-hours contract, was employed under the same type of contract as a lecturer on a full-time contract for the purposes of Regulati...
This article is listed under the following topics:
Discrimination and Equality Contracts of Employment
Case Law

Kaur v Leeds Teaching Hospitals NHS Trust [2018]

Case reference:EWCA.Civ.978   The claimant encountered problems with several colleagues whom she felt were bullying her, although no action was taken. Later, an ‘altercation’ took place with a colleague and the claimant went off sick. After an investigation, disciplinary proceedings were brought against both and final written w...
This article is listed under the following topics:
Unfair Dismissal Disciplinary and Grievance Issues
Case Law

Ginger v Department for Work and Pensions [2018]

Case reference:3401940/2015   The Claimant was employed as a ‘Work Coach’ at a Job Centre run by the Respondent. She informed her then-manager that she may require some time off at short notice for IVF treatment. Some months later, the Claimant suffered a miscarriage and was absent from work for about 4 months. A formal attenda...
This article is listed under the following topics:
Discrimination and Equality
Case Law

Hextall v Chief Constable of Leicestershire Police [2018]

Case reference:UKEAT.0139_17_0105   The claimant, a serving police constable, took Shared Parental Leave (SPL) for just over 3 months in 2015 after his wife gave birth to their second son. Had he been a female police constable on maternity leave, he would have been entitled to be paid his full salary for the period over which he took...
Case Law

Addison Lee Ltd v. Gascoigne [2018]

Case reference:0289_17_1105   The claimant, Mr Gascoigne, was a cycle courier with the respondent company. In August 2017 an employment tribunal upheld his claim that he was a 'limb (b) worker' within the meaning of Regulation 2 of the Working Time Regulations and therefore entitled to holiday pay. The tribunal held the written...
This article is listed under the following topics:
Contracts of Employment Working Time and Leave
Case Law

Nicola McLoughlin v Clear Channel NI Ltd (2018)

Case reference:4191/17   The claimant lodged a claim arguing that the respondent failed to pay her a sales commission bonus called “direct non specialist sales commission” to the approximate value of £4,000. The respondent disputed the structure and calculation of the commission and argued that it totalled a substantially ...
Case Law

Morris-Garner and another (Appellants) v One Step (Support) Ltd (Respondent) [2018]

Case reference:UKSC.20   The case arose from the sale of a business by the appellants to the respondents. Various restrictive covenants were established and the appellants subsequently created a new company which began competing with the respondent. At trial, the appellants were found to have breached the covenants. Damage...
This article is listed under the following topics:
Contracts of Employment
Case Law

Abrahall & Ors v Nottingham City Council & Anor [2018]

Case reference:EWCA.Civ.796   This case concerns the variation of contractual terms and whether, by continuing to work, the claimants accepted the changes imposed, namely a two-year freeze on their pay. The Court of Appeal was posed with the question of whether there was a contractual right to incremental pay progression; and ...