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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...
Case Law

Ville de Nivelles v Rudy Matzak [2018]

Case reference:CJEU.C-518/15   The CJEU has ruled that stand-by time of a worker at home who is obliged to respond to calls from the employer within a short period must be regarded as ‘working time’ because the obligation to remain physically present at the place determined by the employer and the requirement to reach the place ...
This article is listed under the following topics:
Working Time and Leave A-Typical Working
Case Law

Jessica Porras Guisado v Bankia S.A., Fondo de Garantía Salarial and Others [2018]

Case reference:Case.C-103/16   In the case of Jessica Porras Guisado v Bankia S.A., Fondo de Garantía Salarial and Others the European Court of Justice ruled that an organisation can make a pregnant employee redundant provided the employer relays the reasoning for redundancy in writing and that those concerned are informed of th...
This article is listed under the following topics:
Redundancy and Reorganisation Discrimination and Equality
Case Law

Barton v Wright Hassall LLP [2018] UKSC 12

Decision number:[2018].UKSC.12   Legal body:ukscukhl The appellant had brought professional negligence claim in 2005 against a law firm, Bowen Johnsons, which had acted for him in 1999. The respondent in this case, Wright Hassall LLP, initially acted for the claimant but then came off the record following a disagreement relating to fees. The claimant...
This article is listed under the following topics:
Tribunal Practice Procedures and Jurisdictional Issues
Case Law

HMRC v Saldanha [2017]

Case reference:UKEAT/0067/17/DA   The claimant, who was of Asian origin, was employed by HMRC and was offered a role abroad. A resilience interview was part of the assessment conducted by an external expert. The claimant was questioned about his ability to deal with racism. It was contended in the assessment by the examining doctor...
This article is listed under the following topics:
Discrimination and Equality Recruitment and Selection