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Case Law

Dudley Metropolitan Borough Council v Mr G Willetts and Others [2017]

Case reference:UKEAT033416JOJ   The EAT has delivered a significant judgment further clarifying the law on holiday pay which will be of interest to employees and employers throughout the UK.The lead claimants were part of 56 employees employed as plumbers, electricians, roofers and storemen and were responsible for the repair and...
This article is listed under the following topics:
Working Time and Leave Pay and Conditions of Employment
Case Law

BAE Systems (Operations) Ltd v Konczak [2017]

Case reference:EWCA.Civ.1188   Mrs Konczak was employed as a secretary until her dismissal in 2007. She had experienced a long history of stress and problems in the workplace which eventually led to a mental breakdown. One particular incident in April 2006 which involved a sexist comment from her line manager was described as th...
This article is listed under the following topics:
Sickness and Absence Discrimination and Equality
Case Law

Bradbury v British Broadcasting Corporation [2017]

Case reference:EWCA.Civ.1144   This appeal concerns the decision by the BBC to cap at 1% the part of a pay rise that would be used to calculate pensionable pay ("the Cap") in the final salary sections of the BBC Pension Scheme ("the Scheme") in circumstances where the BBC was faced with a multi-billion pound deficit in the Schem...
This article is listed under the following topics:
Pensions Pay and Conditions of Employment
Case Law

R (on the application of UNISON) v Lord Chancellor [2017]

Case reference:UKSC.51   Unison has won a landmark ruling that reinforces the principle of access to justice. The public service union brought the appeal before the UK Supreme Court challenging the controversial fees imposed when making a claim to an employment tribunal or the EAT. Prior to the coming into force of the Emp...
Case Law

International Petroleum Ltd and Others v Osipov [2017]

Case reference:UKEAT.0058_17_1907   The claimant, Mr Osipov, was employed by an Australian domiciled oil and gas exploration and production company, International Petroleum Ltd, from February 2011 until his summary dismissal in October 2014. The company had operational activities in the Republic of Niger. It ran into financial diffic...
This article is listed under the following topics:
Unfair Dismissal Whistleblowing (Protected Disclosures)
Case Law

Walker v Innospec Limited and others [2017]

Case reference:UKSC.47   The appellant, a gay man, worked for the respondent from 1980 until his retirement in 2003. Throughout that period, he made regular contributions to the firm’s occupational pension scheme. He lived with his male partner since 1993 and they entered into a civil partnership in 2006 and are now marrie...
This article is listed under the following topics:
Discrimination and Equality Pensions
Case Law

Williams v The Trustees of Swansea University Pension & Assurance Scheme and Swansea University [2017]

Case reference:EWCA.Civ.1008   The Claimant suffered from several disabilities including depression and Tourette’s syndrome and was initially allowed to work part-time. He was then granted early retirement on the grounds of ill health. The University’s pension scheme entitled him to an enhanced pension based upon the salary he w...
This article is listed under the following topics:
Discrimination and Equality Pensions
Case Law

OCS Group UK v Dadi [2017]

Case reference:EWHC.1727.(Ch)   In OCS Group UK v Dadi the High Court sentenced an employee to six weeks’ imprisonment for contempt of court. The employee, Mr Dadi, violated an order banning him from disclosing confidential information belonging to his employer and informing others of the order imposed. The interim injunction req...
This article is listed under the following topics:
Contracts of Employment
Case Law

De Souza v Vinci Construction UK Ltd [2017]

Case reference:EWCA.Civ.879   This was an appeal to the Court of Appeal (CA) from the decision of the Employment Appeal Tribunal (EAT). The relatively straightforward issue in the appeal was whether a 10% uplift should be applied to awards of compensation for injury to feelings and for psychiatric injury in discrimination cases...
Case Law

McElroy v Cambridgeshire Community Services NHS Trust [2014]

Case reference:ET/3400622/14   The claimant worked as a Healthcare Assistant for the NHS Trust. He was suspended from his duties and a disciplinary investigation was initiated following an allegation that he had reported for work under the influence of alcohol. The claimant denied arriving to work inebriated claiming he had mere...
This article is listed under the following topics:
Unfair Dismissal Disciplinary and Grievance Issues Health and Safety