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Case Law

King v The Sash Window Workshop Ltd and anor [2017] CJEU

Case reference:CJEU.C-214/16   Scott: Tell us about the King v The Sash Windows Workshor & anor working time case from the CJEU. Mark: Absolutely. This has the potential to be the biggest case. Had I to do this over again, it may have been my number one case, but in November at Legal-Island's Annual Review of Employment Law ...
This article is listed under the following topics:
Contracts of Employment Working Time and Leave
Case Law

Agoreyo v London Borough of Lambeth [2017] EWHC 2019

Case reference:EWHC.2019.(QB)   Scott: The case of Agoreyo v London Borough of Wandsworth involved a disciplinary issue. So tell us about that case, Mark. Mark: Again, this goes back to things that are very relevant in the workplace. The last case was about warnings. This case was about suspensions. Suspensions are commonplace in...
This article is listed under the following topics:
Disciplinary and Grievance Issues
Case Law

Stratford v Auto Trail VR Ltd UKEAT/0116/16

Case reference:UKEAT/0116/16   Mark: The central issue here is about warnings, and warnings are a particularly contentious subject matter in the workplace because they have an apparent shelf life, an apparent lifespan, and certainly, with the Labour Relations Agency and its code of practice, it's decided that, for example, if yo...
This article is listed under the following topics:
Disciplinary and Grievance Issues Policies and Procedures
Case Law

Focus Care Agency v Mr B Roberts: UKEAT/0143/16/DM

Case reference:UKEAT/0143/16/DM   Scott: The Focus Care Agency v Roberts case is about on-call and sleepovers. Very expensive case, this, for some people in the care industry. So tell us about that. Mark: Yeah. The whole notion of someone who has sleepover responsibility, especially in the private independent healthcare sector wher...
Case Law

Ali v Capita Customer Management Ltd

Mark: This case went to the Employment Appeals Tribunal in December 2017. We're still waiting for that decision, but at the core of this case, there's a question that if a man is off on a period of shared parental leave, why would he be entitled to just receive the statutory flat rate of pay rather...
This article is listed under the following topics:
Pay and Conditions of Employment
Case Law

Beatt v Croydon Health Services NHS Trust [2017] EWCA Civ 401

Case reference:EWCA.Civ.401   Mark: The key lesson from this particular case is that it's not within HR's gift to determine whether or not something is a genuine protected disclosure as set out in the statute. There are six categories under the original legislation that say, "This is a protected disclosure." What happens if a w...
This article is listed under the following topics:
Whistleblowing (Protected Disclosures)
Case Law

Lidl Ltd v Central Arbitration Committee [2017] EWCA Civ 328

Case reference:EWCA.Civ.328   Scott: Lidl against the CAC, the Central Arbitration Committee, and that was a trade union case. Mark, tell us about that. Mark: Yeah. The central point here about the Lidl case was whether or not a bargaining unit for the purposes of trade union recognition consisting of 1.2% of the entire U.K. wo...
This article is listed under the following topics:
Collective and Trade Union Issues
Case Law

Chesterton Global Ltd & Anor v Nurmohamed & Anor [2017] EWCA Civ 979

Case reference:EWCA.Civ.979   Scott: That is a whistleblowing case, and it's the one that, I suppose, reflects the fact that it's not that onerous, the public interest test itself. Mark: No indeed. A lot of practitioners, like we said, were looking at this case to say, "Okay. The courts are now going to give us a definitive def...
This article is listed under the following topics:
Whistleblowing (Protected Disclosures)
Case Law

David Rice v Dignity Funerals Limited [2017]

Case reference:NIIT.2651/16   The claimant was the Northern Ireland Area Manager for the respondent’s funeral business. The claimant was suspended pending further investigation but was subsequently invited to a meeting in Scotland. The tribunal were satisfied that the claimant had probably been told that this was to be a ‘witho...
This article is listed under the following topics:
Unfair Dismissal Disciplinary and Grievance Issues
Case Law

Crawford v Network Rail Infrastructure Ltd [2017]

Case reference:UKEAT.0316_16_0811   The EAT has ruled that the minimum entitlement to rest breaks (20 minutes for most workers whose contract is in excess of six continuous hours in a period) must be at least 20 continuous minutes and cannot comprise, for example, a series of shorter break that could add up to 20 minutes. The Claiman...
This article is listed under the following topics:
Working Time and Leave