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Case Law

Unionen v Almega Tjänsteförbunden ISS Facility Services AB [2015] CJEU C-336/15 (AG's Opinion)

Case reference:C-336/15   In Unionen v Almega Tjänsteförbunden ISS Facility Services AB (Case C-336/15), the question was whether article 3(1) of the Acquired Rights Directive obliged a transferee to take into account service with a transferor when calculating notice periods for termination of employment, or whether such no...
This article is listed under the following topics:
Transfer of Undertaking (TUPE)
Case Law

Davies v Droylsden Academy

Case reference:UKEAT/0044/16/BA.   In Davies v Droylsden Academy UKEAT/0044/16/BA the claimant was employed by Schools Plus Limited (SPL) as a venue lettings manager. SPL provided a service to educational institutions letting the institutions' premises out of school hours. In June 2012 the claimant was appointed by SPL as the venu...
This article is listed under the following topics:
Redundancy and Reorganisation Transfer of Undertaking (TUPE)
Case Law

David L Parris v Trinity College Dublin & Others

Case reference:Case.C-443/15   Mr Parris, who was born on 21 April 1946, has dual Irish and United Kingdom nationality. He has been living for over 30 years in a stable relationship with his same-sex partner. In 1972 Mr Parris was appointed by Trinity College Dublin as a lecturer. Pursuant to his contract of employment, he was a...
This article is listed under the following topics:
Discrimination and Equality Pensions Pay and Conditions of Employment
Case Law

Daniel Bowman v Pensionsversicherungsanstalt [2016]

Case reference:C-539/15   Key Issues: Equal treatment – age discrimination Case: Daniel Bowman v Pensionsversicherungsanstalt Reference: Case C-539/15, CJEU (Sixth Chamber), 21 December 2016 Legislation: Directive 2000/78/EC Mr Bowman, who was born on 28 July 1961, has been employed by the Administration under a private law...
This article is listed under the following topics:
Discrimination and Equality Collective and Trade Union Issues
Case Law

Heather Burns v Peacehaven Care Services Limited [2016]

Case reference:1246/16.ampersand.1471/16   The claimant was employed by the respondent as a domiciliary care assistant. Her contract of employment required her to give four weeks’ notice but she left without giving any and claimed for unpaid holiday and sick pay. She also claimed that she was not provided with written terms and conditions o...
This article is listed under the following topics:
Contracts of Employment Pay and Conditions of Employment
Case Law

Pimlico Plumbers and Anor v Gary Smith [2017]

Decision number:EWCA.Civ.51   Legal body:ewca The question on this appeal is whether the Employment Tribunal (“the ET”) was correct to hold in a decision dated 16 April 2012 that the respondent, Gary Smith, was a worker within the meaning of S.230(3)(b) of the Employment Rights Act 1996 (“the ERA”) and regulation 2(1) of the Working Time Regul...
Case Law

J20 v Facebook Ireland Ltd [2016]

Decision number:NIQB.98   Legal body: The plaintiff brought claims alleging harassment and misuse of private information in relation to a series of postings about him on three web pages that the defendant hosted. They included photographs of the plaintiff with numerous captions all related to flag protests in Belfast in 2013. In apply...
Case Law

Jason Steele v Asda Stores Ltd [2017]

Case reference:NIIT.(CASE.REFS:.2252/15 .2253/15 .2375/15)   The claimant made claims for unfair dismissal and unlawful disability discrimination. The background facts are that a female colleague made allegations that a number of male colleagues sexually assaulted her and that the claimant had sent her abusive text and Facebook messages. The claimant was sus...
This article is listed under the following topics:
Disciplinary and Grievance Issues
Case Law

R (on the application of Miller and Dos Santos) v Secretary of State for Exiting the European Union and associated references

Decision number:[2017].UKSC.5   Legal body:uksc The UK Supreme Court has ruled by a majority of 8 to 3 that an Act of Parliament is required to authorise ministers to give Notice of the decision of the UK to withdraw from the European Union. The Supreme Court considers that the terms of the European Communities Act, which gave effect to the UK’s...
This article is listed under the following topics:
Tribunal Practice Procedures and Jurisdictional Issues
Case Law

Stratford v Auto Trail VR Ltd [2016]

Case reference:UKEAT.0116_16_3110   The employee in this case hardly had an exemplary record. In fact, he had been involved in 18 'serious discussions' about his poor performance over the years and was late on the day of his final disciplinary hearing because he went for a cigarette in case the hearing overlapped his morning break. T...
This article is listed under the following topics:
Unfair Dismissal Disciplinary and Grievance Issues