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Latest Case Law

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Case Law

Lozaique v Tesco Stores Ltd [2019]

Decision number:UKEAT/0261/18/LA   Legal body:ukeat The claimant/appellant was employed by the respondent and under his original contract of 2005 he was guaranteed 20 hours of overtime a week, which was to be paid at time and a half of the normal hourly rate. In 2016, the respondent negotiated with the Union of Shop, Distributive and Allied Worker...
Case Law

Rooney v Retail Zoo Limited [2019]

Decision number:5988/18   Legal body:niiet The claimant brought a claim for constructive unfair dismissal. The claimant’s decision to leave her employment arose from a disciplinary process relating to the misuse of computer equipment in the respondent’s workplace. After an appeal during the disciplinary process, the claimant was given two ...
This article is listed under the following topics:
Unfair Dismissal
Case Law

Robinson v Portview Fit-Out Limited [2019]

Decision number:5364/18IT   Legal body:niit The claimant was employed by the respondents as a system manager. He had been in that position for six years. The unfair dismissal claim arose when there was a restructuring of the business. In 2017, the claimant was in charge of health and safety, quality environmental business continuity and i...
Case Law

Pora v Cape Industrial Services Ltd [2019]

Decision number:UKEAT.0253_18_1902   Legal body:ukeat The Claimant was dismissed from his position and contacted Citizens Advice. A local Law Centre was recommended to him and, after filling in the relevant forms with a representative, he was of the belief that they would take his case forward. It emerged, in fact, that no claim for unfair dismissal ...
Case Law

Federación de Servicios de Comisiones Obreras (CCOO) v Deutsche Bank SAE [2019]

Decision number:CJEU.C.55/18   Legal body:cjeuecj We reviewed this case when the an Advocate General of the CJEU gave an opinion on it in February 2019. A Spanish trade union (CCOO) sought a declaration that a bank was under an obligation to establish a system to record the actual number of hours worked daily by its employees. It argued that the r...
This article is listed under the following topics:
Working Time and Leave Pay and Conditions of Employment
Case Law

Nixon v Royal Mail Group Limited 2019

Decision number:332576/2017   Legal body:et The claimant is employed by the respondent as a driver based at their Royal Mail National Distribution Centre. She argued that she suffered direct sex discrimination and/or harassment. The allegations related to the actions of a co-worker who pulled and attempted to pull the claimant’s hair and sta...
This article is listed under the following topics:
Discrimination and Equality
Case Law

Carole Ritchie v Tesco Stores Limited 2019

Decision number:10265/18IT   Legal body:niit This recently reported case concerns the correct calculation for ‘frozen holiday pay’. Ms Ritchie worked for Stewarts Supermarkets Ltd (SSL) from 1988 and in 1998 the Company was acquired by Tesco. Ms Ritche had accrued 25 days holiday pay under the Stewarts Supermarkets scheme and upon transfer ...
Case Law

BB v Department of Justice [2019]

Case reference:6511/17   Keywords: Tribunal Procedures; Anonymity Order A Pre-Hearing Review was arranged to determine the question of whether the claimant’s identity should be protected by an Order of permanent anonymity. The claimant was formerly a serving prison officer and made the application based on Article 2 (Righ...
This article is listed under the following topics:
Human Rights Tribunal Practice Procedures and Jurisdictional Issues
Case Law

Frudd and another v The Partington Group Ltd [2019]

Decision number:UKEAT/0240/18/OO   Legal body:ukeat The Claimants, who are husband and wife, were employed at a caravan site as a warden/receptionist team. Alongside two other such teams they worked ‘on call’ from evening until morning. They argued that the whole period of time spent on call should be considered ‘time work’ for the purposes of the n...
This article is listed under the following topics:
Working Time and Leave Pay and Conditions of Employment
Case Law

Antuzis and others v DJ Houghton Catching Services Ltd and others [2019]

Case reference:EWHC.843.(QB)   The claimants were employed at various farms and suffered exploitative conditions. They worked extremely long hours, were paid less than minimum wage and no attempt was ever made to pay them holiday pay or overtime. The central issue in the case centred on a director’s liability for inducing a brea...
This article is listed under the following topics:
Working Time and Leave Pay and Conditions of Employment