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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
Case Law

Rochford v WNS Global Services (UK) Ltd & Ors [2017]

Case reference:EWCA.Civ.2205   The respondent is a global supplier of business process management services. The appellant was employed in a high-level VSL (‘Vertical Sales Lead’) role and had responsibility for several business sectors and receiving an annual salary of £90,000, together with a company car and a sizeable bonus. T...
This article is listed under the following topics:
Unfair Dismissal Discrimination and Equality Contracts of Employment
Case Law

Securitas — Serviços e Tecnologia de Segurança SA v ICTS Portugal — Consultadoria de Aviação Comercial SA, Arthur George Resendes and Others [2017]

Case reference:.(Case.C-200/16).   In Securitas — Serviços e Tecnologia de Segurança SA v ICTS Portugal — Consultadoria de Aviação Comercial SA, Arthur George Resendes and Others (Case C-200/16) the European Court considered the application of the rules under the Acquired Rights Directive to a situation where a client terminated a s...
This article is listed under the following topics:
Transfer of Undertaking (TUPE)
Case Law

Baker v (1) British Gas Services (Commercial) Limited (2) J&L Electrics (Lye) Limited [2017]

Case reference:EWHC.2302   Regulation 4 of TUPE transfers to a transferee all rights, powers, duties and liabilities under or in connection with a transferring employee's contract of employment. In Bernadone v Pall Mall Services Group Limited [2001] ICR 197 the Court of Appeal confirmed that a liability in connection with th...
This article is listed under the following topics:
Transfer Regulations (TUPE) Transfer of Undertaking (TUPE)
Case Law

Xerox Business Services Philippines Inc. Ltd (UK Ltd) v Zeb [2017]

Case reference:UK.EAT/0121/16   It is common ground that TUPE can apply even if the business or service being transferred is leaving the UK to go to another country, even if that country is outside the EU. That was established by the GB EAT in Holis Metal Industries Ltd v GMB [2008] IRLR 187. Often, there is no employment rights ...