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Case Law

Crawford v Network Rail Infrastructure Ltd [2017]

Case reference:UKEAT.0316_16_0811   The claimant worked for Network Rail as a signalman. He claimed that his employer failed to provide him with "rest breaks" or alternatively "compensatory rest" under the Working Time Regulations 1998 (WTR). The signals he worked with required continuous monitoring and he was, in practice, able to t...
This article is listed under the following topics:
Health and Safety Working Time and Leave
Case Law

Carlos Enrique Ruiz Conejero v Ferroser Servicios Auxiliares SA and Ministerio Fiscal [2018]

Case reference:Case.C-270/16.   This request for a preliminary ruling concerned the interpretation of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation.Mr Ruiz Conejero worked as a cleaning agent in a hospital in Spain. He worked for the hospital wit...
This article is listed under the following topics:
Unfair Dismissal Sickness and Absence Discrimination and Equality
Case Law

Lopez Ribalda & Ors v Spain (Applications nos. 1874/13 and 8567/13)

Case reference:(Applications.nos..1874/13.and.8567/13)   This was a case before the ECtHR and the applicants were all workers in supermarket chain. After the employer noticed irregularities between stock levels and what was actually sold daily, surveillance cameras were installed to address suspected theft. The workers were told about the store’s visible...
This article is listed under the following topics:
Data Protection and Freedom of Information Act
Case Law

Cosmeceuticals Ltd v Parkin [2017]

Case reference:UKEAT.0049_17_2706   This case is a useful reminder that not everything in an employment contract is within the gift of the employer and employee - some things derive from statute and cannot be changed, regardless of any agreement by the parties. One of those things is the effective date of termination. The EDT is the ...
Case Law

Dudley Metropolitan Borough Council v Willetts and Others (UKEAT/0334/16/JOJ)

Case reference:UKEAT/0334/16/JOJ   The Dudley Metropolitan Borough Council v Willetts and Others UK EAT case is yet another holiday-pay, working-time-type case that could have huge ramifications. Mark: Well, in the tail end of 2016 we saw the clear direction of travel for cases involving calculation of holiday pay. There's no doubt ...
This article is listed under the following topics:
Working Time and Leave Pay and Conditions of Employment
Case Law

Uber B.V. and Others v Mr Y Aslam and Others [2017] UK EAT

Case reference:UKEAT/0056/17/DA   Mark: This case has the potential to undermine the gig economy as we know it. It has been very, very highly publicised in the media. It's one of around 10 gig economy cases that have happened in the last sort of 18 months or so. In nine of those cases the workers have been successful, and in one th...
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...