Latest in Case Law

Latest Case Law

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Case Law

Mervyn v BW Controls Ltd [2019]

Case reference:UKEAT/0140/18/BA   The claimant had worked for the respondent company for over 10 years and after a series of events culminating in the claimant being accused of lying, she left the employment. The claimant was a litigant in person and in completing the ET1 form stated that she had been unfairly dismissed ‘(includin...
This article is listed under the following topics:
Tribunal Practice Procedures and Jurisdictional Issues
Case Law

Tillman v Egon Zehnder Ltd [2019]

Decision number:UKSC.32   Legal body:uksc This case centred upon a post-termination non-competition clause in the employment contract of a former employee. The term of the contract stated that the employee should not: ‘…within the period of six months from the termination date directly or indirectly engage or be concerned or interested in...
This article is listed under the following topics:
Contracts of Employment Policies and Procedures
Case Law

Garamukanwa v United Kingdom [2019]

Decision number:Application.no..70573/17   Legal body:ecthr The applicant was employed by the NHS Trust as a manager but as a result of alleged gross misconduct he was dismissed. The case centred upon a personal relationship the applicant had with a colleague (known as L) that had ended in May 2012. After the relationship ended, L started a relationship ...
This article is listed under the following topics:
Unfair Dismissal Human Rights
Case Law

Graham v Leisure Tours NI Limited [2019]

Decision number:13020/18   Legal body:niit The claimant brought a claim for constructive unfair dismissal as well as arrears in pay, including holiday pay. The primary issue dealt with in this case was whether the claimant had presented his case within time. The claimant’s employment ended on 12th March 2018 but the claim was not presente...
Case Law

Mart v Assessment Services Inc [2019]

Decision number:UKEAT/0032/18/SS   Legal body:ukeat The claimant/appellant claimed that she had been indirectly discriminated as a result of her disability. Whilst she had a facial disfigurement and depression, which would be regarded as disabilities she based her claim on diplopia (double vision). The appellant corrected this double vision using...
This article is listed under the following topics:
Discrimination and Equality
Case Law

Chief Constable of the PSNI & Northern Ireland Policing Board v Agnew & Others [2019]

Decision number:NICA.32   Legal body:nica This case centred upon the calculation of holiday pay to police officers and civilians working for the PSNI. Holiday pay was calculated based upon the basic salary of officers rather than taking their overtime into account. The Chief Constable conceded that overtime should have been taken into ac...
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 ...