Latest in Case Law

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Latest Case Law

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Case Law

Herry v Dudley Metropolitan Borough Council [2019]

Decision number:UKEAT/0069/19/LA   Legal body:ukeat The claimant was employed by the respondent as a teacher as well as a youth worker. He commenced a period of sick leave in June 2010, he never returned to his teaching position and was dismissed in 2015. He had brought two previous claims before the ET based upon sex and race discrimination, vict...
This article is listed under the following topics:
Unfair Dismissal Discrimination and Equality
Case Law

Okwu v Rise Community Action [2019]

Decision number:UKEAT/0069/19/LA   Legal body:ukeat The claimant had completed three months’ work for the Respondent and was informed that her probationary period would be extended by three months to allow for her suitability to be assessed. This period of time is well short of the 2 year period of employment requirement to obtain the right not to ...
This article is listed under the following topics:
Unfair Dismissal Whistleblowing (Protected Disclosures)
Case Law

Small v The Shrewsbury & Telford Hospitals NHS Trust [2019]

Decision number:UKEAT/0077/19/JOJ   Legal body:ukeat This case can be regarded as having extensive history with the first decision of the EAT being successfully appealed at the Court of Appeal in Small v The Shrewsbury & Telford Hospitals NHS Trust [2017] EWCA Civ 882. The basis of the case arose from the fact that the temporary contract of the ...
This article is listed under the following topics:
Whistleblowing (Protected Disclosures)
Case Law

Community Based Care Health Ltd v Narayan [2019]

Decision number:UKEAT/0162/18/JOJ   Legal body:ukeat The claimant was a ‘duty doctor’ and worked regular shifts on a 12-week rota at a single medical practice. This had been the case for approximately 12 years. She was not obliged to accept any work offered, nor was the company obliged to provide any work. She took holidays when she pleased. She ...
Case Law

Komeng v Creative Support Ltd [2019]

Decision number:UKEAT/0275/18/JOJ   Legal body:ukeat The claimant brought a claim to the Employment Tribunal on the basis of unlawful direct race discrimination arising from the failure of his employer to enrol him onto a course that would have allowed him to develop professionally. A further issue was that the employer required him to work every we...
This article is listed under the following topics:
Discrimination and Equality
Case Law

Reiner Grafe and Jürgen Pohle v Südbrandenburger Nahverkehrs GmbH, OSL Bus GmbH [2018]

Decision number:C-298/18   Legal body:cjeuecj In Reiner Grafe Pohle v Südbrandenburger Nahverkehrs GmbH, OSL Bus GmbH Case C‑298/18 ECJ Advocate General Sharpston has departed from the famous case of Oy Liikenne Ab v Pekka Liskojärvi and Pentti Juntunen C-172/99. SBN held a contract with the local authority commencing on 1 August 2008 to opera...
This article is listed under the following topics:
Transfer Regulations (TUPE) Transfer of Undertaking (TUPE)
Case Law

Inchcape Retail Ltd v Shelton [2019]

Decision number:UKEAT/0142/19/JOJ   Legal body:ukeat The claimant had been summarily dismissed for gross misconduct but he disputed the respondent’s version of events and embarked upon an internal appeals process. The drawn-out appeals process which took longer than three months was due to the fact that no letter of dismissal had been sent to the cla...
Case Law

Baldeh v Churches Housing Association of Dudley & District Ltd [2019]

Decision number:UKEAT/0290/18/JOJ   Legal body:ukeat The claimant appealed against the Employment Tribunal’s dismissal of her claim for disability discrimination. The employee was held to be disabled by reason of depression and at the end of her six-month probationary period she was called to a review meeting. There were six issues at this review...
This article is listed under the following topics:
Disciplinary and Grievance Issues Discrimination and Equality
Case Law

Bilsbrough v Berry Marketing Services Ltd [2019]

Case reference:ET/1401692/2018   The primary issue involved in this case was a detriment that was suffered by the claimant as a result of the research that was conducted with a view to making a protected disclosure to the Information Commissioner's Office. This arose after the claimant was asked by the Managing Director of the re...
This article is listed under the following topics:
Unfair Dismissal Whistleblowing (Protected Disclosures) Human Rights
Case Law

Phoenix House Ltd v Stockman [2019]

Decision number:UKEAT/0284/17/OO   Legal body:ukeat The EAT has issued guidance on the covert recording of meetings by employees. This case involved an employee who had been the financial accountant of a charity but who had obtained a lower position following a reorganization. She alleged wrong-doing on the part of her employer i.e. that the Directo...