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Case Law

Page v NHS Trust Development Authority; Page v Lord Chancellor [2021]

Decision number:EWCA.254;.EWCA.255   Legal body: England and Wales Court of Appeal (EWCA) The claimant in these conjoined cases was a non-executive director of the NHS Trust as well as being a Lay Magistrate. The issue arose when the claimant gave some media interviews where he expressed views, based upon his Christian belief, against same-sex adoption and homosexuality. The Trust war...
This article is listed under the following topics:
Discrimination and Equality Human Rights
Case Law

Kubilius v Kent Foods Limited [2021]

Decision number:3201960/2020   Legal body: Employment Tribunal (ET) The claimant worked for the respondent from 25th July 2016 until he was dismissed without notice by a letter received on 25th June 2020. The claimant was a Class 1 Driver and he largely transported food products to the Respondent’s clients - with one of the major clients being Tate and Lyle. Withi...
Case Law

Rooney v Metro Surveillance Group Ltd [2021] NIIT 24621/19

Decision number:NIIT.24621/19   Legal body: Northern Ireland Industrial Tribunal (NIIT) The claimant commenced employment with the respondent on 4th June 2018. He was employed as the control room manager and was to ensure that security was always available for the ‘Go’ Petrol Stations throughout Northern Ireland. He handed in his notice on 14th October 2019. He was never given any ...
This article is listed under the following topics:
Contracts of Employment Pay and Conditions of Employment
Case Law

London Fire Commissioners & Others v Sargeant & Others [2021] UKEAT/0137/1202

Decision number:UKEAT/0137/1202   Legal body: Employment Appeal Tribunal (UKEAT) This case involved challenges to transitional provisions established as part of the changes to public sector pensions after the Hutton Report of 2011. The cases related not only to the Firefighters’ Pension Scheme but also other public bodies, such as the Judicial Pensions Scheme. The arguments r...
This article is listed under the following topics:
Discrimination and Equality Pensions
Case Law

Uber v Aslam & others [2021] UKSC 5

Decision number:UKSC.5   Legal body: Uk Supreme Court (UKSC) This long-running case is relevant to many workers in the gig economy and not just taxi drivers. The proceedings which gave rise to the appeals were brought by Uber drivers against companies in the Uber group claiming holiday pay under the Working Time Regulations 1998 and under-payments of “wages”...
Case Law

Phelps v Dorset & Wiltshire Fire and Rescue Service [2020]

Decision number:1404180/2019V   Legal body: Employment Tribunal (ET) The claimant was dismissed as a firefighter at the end of his probationary period. The Tribunal noted the facts as unusual considering that at the end of the probationary period an individual would not normally have the two years’ continuous service for unfair dismissal (one year in Northern Irel...
This article is listed under the following topics:
Unfair Dismissal Probation
Case Law

Stevenson v Iceland Foods Ltd [2021]

Decision number:2405387/2018   Legal body: Employment Tribunal (ET) This was a rehearing from an EAT decision which we reviewed in July 2020. The issue for the EAT in that hearing was the different rules that were applied relating to capability for long-term absence and disability discrimination. Both parties had appealed with the claimant appealing the decision...
This article is listed under the following topics:
Unfair Dismissal Discrimination and Equality
Case Law

JH v KG

Decision number:C-681/18 .CJEU.(Second.Chamber)   Legal body: Court of Justice EU (CJEU/ECJ) Background JH, an employee hired by a temporary-work agency, was assigned, as a temporary agency worker, to the undertaking KG between 3 March 2014 and 30 November 2016 by means of several successive temporary agency contracts (8 in total) and various extensions (17 in total). In February 2017, JH ...
This article is listed under the following topics:
Contracts of Employment A-Typical Working
Case Law

Syndicat CFTC du personnel de la Caisse primaire d’assurance maladie de la Moselle v Caisse primaire d’assurance maladie de la Moselle

Decision number:C-463/19 .CJEU.(First.Chamber)   Legal body: Court of Justice EU (CJEU/ECJ) CY, a male employee, was engaged by CPAM to work as a benefits inspector in the employee or executive category. CY is the father of a child born in April 2016 and, on that basis, he applied for the leave provided for in CPAM’s collective agreement, under which, on expiry of the leave provided for i...
This article is listed under the following topics:
Discrimination and Equality
Case Law

Allay (UK) Ltd v Gehlen [2021]

Decision number:UKEAT/0031/20/AT   Legal body: Employment Appeal Tribunal (UKEAT) The claimant was employed by the respondent, a company specialising in processing consumer claims relating to financial mis-selling, on 3rd October 2016. The claimant was dismissed by reason of his performance on 15th September 2017. There was no claim for unfair dismissal due to the two year co...
This article is listed under the following topics:
Discrimination and Equality