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Our case reviews cover a wide range of employment cases from relevant employment courts and the implications of these decisions for employers.

Latest Case Law

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Case Law

Patterson v Ashe [2024]

Decision number:67591/22   Legal body: Northern Ireland Industrial Tribunal (NIIT) Summary Description: A case in which some training payments could be deducted in line with the contract but others could not due to evidential issues. Background: The claimant was employed as an apprentice beauty therapist by the respondent from April 2021 until September 2022. The iss...
This article is listed under the following topics:
Pay
Case Law

Miller v JW Wheatley & Son Ltd [2023]

Decision number:CSOH.84   Legal body: Court of Session (Scotland) (COSS) Summary Description: A case in which the claimant was regarded as an independent contractor so the subcontractor on a site was not vicariously liable when the claimant suffered an injury. Background: The claimant, a solar panel engineer, brought a claim against three defendants relating ...
This article is listed under the following topics:
Contracts of Employment
Case Law

Mason v Wilko Limited [2023]

Decision number:Case.No:.2603125/2021   Legal body: Employment Tribunal (ET) Background: The claimant worked for the respondent as a customer services assistant from October 2003 until she resigned in September 2021. As a shop worker she had the right to opt out of Sunday working. The claimant became a local Trade Union representative in 2010. She came into possession of...
This article is listed under the following topics:
Dismissal Policies and Procedures
Case Law

Beckett & Others v Anglo Beef Processors Ltd t/a ABP UK [2024]

Decision number:NIIT.36321/21   Legal body: Northern Ireland Industrial Tribunal (NIIT) Background: This was a multiple claim involving four claimants from a pool of 55 original claimants. The background is that each claimant had either walked out of the premises or failed to attend the premises on Wednesday 25th March 2020. This was at the beginning of the original lockdown caused...
This article is listed under the following topics:
Pay Coronavirus/Covid-19
Case Law

Bathgate v Technip Singapore Pte Ltd [2023]

Decision number:CSIH.48   Legal body: Court of Session (Scotland) (COSS) Background: The claimant worked for the respondent on a vessel registered in the Bahamas and one which largely operated outside the UK/EEA waters. This occurred until June 2016 and from that point he then undertook onshore duties. In January 2017 the claimant was offered and accepted redundancy ...
This article is listed under the following topics:
Redundancy Discrimination and Equality
Case Law

Leathem-Flynn v HMRC [2024]

Decision number:NIIT.2605/23   Legal body: Northern Ireland Industrial Tribunal (NIIT) Background: The claimant was employed as a Tax Credit Officer from January 2019. The issue was whether the claimant was dismissed from his employment or if he had terminated his own employment. In August 2022 a complaint was made by a member of the public regarding the claimant’s conduct. The d...
Case Law

Irvine v Optilase (UK) Ltd [2024]

Decision number:NIIT.7465/21   Legal body: Northern Ireland Industrial Tribunal (NIIT) Background: The claimant commenced employment as a Laser Specialist (later promoted to Head Consultant Specialist) in May 2017. The claimant was then appointed as Clinic Manager, following an internal process, in July 2018. She was given a salary of £28,000 plus bonuses. She oversaw 15 staf...
This article is listed under the following topics:
Dismissal Discrimination and Equality
Case Law

Hilton Food Solutions Ltd v Wright [2024]

Decision number:EAT.28   Legal body: Employment Appeal Tribunal (UKEAT) Background: The claimant was employed as a Supply Chain Manager from February 2019 until March 2020 when he was dismissed on the grounds of redundancy. The claimant brought a claim citing automatic unfair dismissal on the grounds that he wished to take parental leave to look after a disabled ...
This article is listed under the following topics:
Leave
Case Law

Pipe v Coventry University Higher Education Corp [2024]

Decision number:Civ.191   Legal body: England and Wales Court of Appeal (EWCA) Background: The claimant was a Grade 6 lecturer at the respondent University. He wished to be promoted to Grade 7. The claimant suffered from ADHD and sleep disorder. Between 2017 and 2019 the claimant was unsuccessful in his three applications for promotion. The claimant asked, outside of...
This article is listed under the following topics:
Discrimination and Equality
Case Law

Wicked Vision Ltd v Rice [2024]

Decision number:EAT.29   Legal body: Employment Appeal Tribunal (UKEAT) Background: The claimant was the Head of UK Sales from December 2017 until his dismissal in February 2021. The reason was redundancy but his argument was that it was related to his disclosures around breaches of the Coronavirus Job Retention Scheme (known as the Furlough scheme). He soug...
This article is listed under the following topics:
Dismissal Whistleblowing (Protected Disclosures)