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Case Law

Kocur v Royal Mail Group [2018]

Case reference:UKEAT.0181_17_2302   The claimant was an agency worker and was supplied to the respondent through a third-party agency. After 12 weeks working he became entitled to ’12 week rights’ i.e. the same basic pay and working conditions as permanent employees. He argued that for each eight-hour night shift he was given a one h...
Case Law

Hannah McAllister v Raymond Carberry and Ursula Carberry, t/a Café Carberry [2018]

Case reference:2820/17   The claimant was employed by the respondent café. On one of her shifts she was seen on CCTV taking a bottle of juice from a refrigerator while leaving the café premises. Upon returning the claimant began cleaning up without paying for the juice. Almost immediately after this the respondent confront...
This article is listed under the following topics:
Unfair Dismissal Policies and Procedures
Case Law

Reilly v Sandwell Metropolitan Borough Council [2018]

Case reference:UKSC.16   The claimant was headteacher at a school maintained by the respondent. She was dismissed after she failed to disclose that she had a close friendship with a convicted sex offender. The respondent decided that the failure amounted to a serious breach of an implied term of the contract of employment...
This article is listed under the following topics:
Unfair Dismissal
Case Law

Valerie Beattie v Charis Cancer Care Limited & Friends of Charis Limited [2018]

Case reference:CASE.REF:.1549/17   The claimant worked as a volunteer for the respondent charity and claimed constructive dismissal. She was the main driver behind the establishment of a shop outlet and indeed it was she who found the premises and negotiated with its owner to rent it to the charity. Much of the claimant’s case was b...
This article is listed under the following topics:
Unfair Dismissal Contracts of Employment
Case Law

United First Partners Research v Carreras [2018]

Case reference:EWCA.Civ.323   The claimant worked as an analyst for the respondent, an independent brokerage and research firm. He began employment with the organisation in October 2011. He worked extremely long hours, typically from 8.00 am to 10.00 or 11.00 at night. The claimant began to suffer from dizziness, fatigue and h...
Case Law

Miss A de Souza E Souza v Primark Stores Ltd Case [2018]

Case reference:2206063/2017   In this case, the claimant, a transgender woman, succeeded in her claims for direct discrimination and harassment under the Equality Act 2010 in relation to gender reassignment. The claimant has identified as a woman for approximately 16 years. Her birth name is ‘Alexander’ yet she is known as ‘Al...
This article is listed under the following topics:
Unfair Dismissal Discrimination and Equality
Case Law

Brazel v The Harpur Trust [2018]

Case reference:UKEAT.0102_17_0603   In the case of Brazel v The Harpur Trust the Employment Appeal Tribunal ruled that part-time workers may receive proportionately greater holidays than their full-time counterparts. The claimant, a visiting music teacher, was employed by the respondent on a zero-hours contract, under which her weekl...
This article is listed under the following topics:
Working Time and Leave Pay and Conditions of Employment
Case Law

Really Easy Car Credit Limited v Thompson [2018]

Case reference:UKEAT/0197/17/DA   The claimant worked for the respondent, a small family-owned company that sells second-hand cars. She began employment with the business on 20 June 2016. This was subject to the completion of a three-month probationary period, during which time her contract could be terminated by either side on one...
This article is listed under the following topics:
Unfair Dismissal Discrimination and Equality
Case Law

Keeping Kids Company v Smith & others [2018]

Case reference:UKEAT.0057_17_2102   The Claimants worked for the Respondent charity. In June 2015 the Respondent got into financial difficulty and applied for a £3m Government grant on the basis that a private donor would match the government’s award. Plans were put in place to consult on the redundancies of 100 staff. However, fundi...
This article is listed under the following topics:
Redundancy and Reorganisation
Case Law

Colin Graham v Larmour Estates Ltd, t/a Ulster Property Sales [2018]

Case reference:NIIT.02795_16IT   The claimant was employed as an estate agent. The good work relationship that existed between the claimant and the respondent led to an agreement that the former would be entitled to receive 20% of the annual profits after tax. The agreement was committed to writing, albeit only on an unsigned she...