Latest in Case Law

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Latest Case Law

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Case Law

Gray v Mulberry Company (Design) Ltd [2019]

Decision number:EWCA.Civ.1720   Legal body:ewca The claimant appealed against a decision that her belief that there was a human or moral right to own the copyright of her creative works, except when the creative work is produced on behalf of the employer, was not a philosophical belief under Section 10(2) of the Equality Act 2010 covering religi...
This article is listed under the following topics:
Discrimination and Equality Contracts of Employment
Case Law

DW v Nobel Plastiques Iberica SA [2019]

Decision number:C-397/18   Legal body:cjeuecj On 1 July 2004, DW was employed by Nobel Plastiques Ibérica. Assigned to the processes of assembly and shaping of plastics pipes, she was granted a reduction in working hours on the basis that she had custody of young children. DW worked a 35-hour week and worked the morning and night shifts. DW s...
This article is listed under the following topics:
Redundancy and Reorganisation Discrimination and Equality
Case Law

Herbai v. Hungary [2019]

Decision number:ECHR.378   Legal body:ecthr Have you ever taken part in an HR debate or forum online? Have you thought about starting your own? Do you think you should be sacked for doing so? That's what happened in this Hungarian case that has made its way to the European Court of Human Rights (ECtHR). This case concerned the applicant’s di...
This article is listed under the following topics:
Human Rights
Case Law

Ward v Fiducia Comprehensive Financial Planning Ltd [2019]

Decision number:2602061/18   Legal body:et The claimant worked for the respondent from January 2009 until he resigned in June 2018. The dispute arose after the claimant had given three months’ notice to leave the business in May 2018. He had given thanks for the opportunities but stated that he wanted to spend more time with his family....
This article is listed under the following topics:
Unfair Dismissal Contracts of Employment
Case Law

Harrison v Aryma Ltd [2019]

Decision number:UKEAT/0085/19   Legal body:ukeat The claimant had resigned from her job following receipt of a letter outlining that her employment be terminated on the basis of a settlement agreement. The claimant alleged that this came on foot of the news that she was pregnant and there was history of detrimental treatment to those who were pr...
This article is listed under the following topics:
Unfair Dismissal Discrimination and Equality
Case Law

Baynes v Getaquote Limited t/a Coversure Insurance Services [2019]

Decision number:1802081/2019   Legal body:et During the claimant’s employment with the respondent, she undertook a Level 3 NVQ in Advanced Apprenticeship in Business Administration. This was largely funded by the college and Government with a small sum, that being £225, being contributed by the employer. The apprenticeship agreement betwee...
This article is listed under the following topics:
Contracts of Employment Pay and Conditions of Employment
Case Law

Acas v Public and Commercial Services (PCS) 2017

Case reference:UKEAT/0160/17/RN   The Public Commercial Services (PCS) made a complaint to the Central Arbitration Committee (CAC) that Acas, as an employer, had failed to consult with its employees pursuant to a collective agreement. Acas contended the CAC lacked jurisdiction to hear the complaint stating it was not an “undertak...
This article is listed under the following topics:
Tribunal Practice Procedures and Jurisdictional Issues
Case Law

Brooks v Nottingham University Hospitals NHS Trust [2019]

Decision number:UKEAT/0246/18/JOJ   Legal body:ukeat The claimant is a consultant plastic surgeon employed by the respondent trust. Between April 2011 and October 2014, he raised concerns regarding staffing levels and the consequences it could have for the health and safety of patients. At the Tribunal, the claimant claimed to have made 18 protected...
This article is listed under the following topics:
Whistleblowing (Protected Disclosures)
Case Law

Gilham v Ministry of Justice [2019]

Decision number:[2019].UKSC.44   Legal body:ukscukhl The issue in this appeal to the UK Supreme Court was whether a District Judge qualifies as a ‘worker’ or a ‘person in Crown employment’ for the purpose of the protection given to whistle-blowers under Part IVA of the Employment Rights Act 1996 (equivalent of Part VA of the NI 1996 Order). If not, i...
Case Law

James Robert Peifer v Sullivan Upper School

Decision number:[2019].NICA.   Legal body:nica This case involved the application of a shortlisting criterion requiring experience, which was applied to all candidates, but with which fewer men than women could comply, and which led to the allegation of indirect discrimination. In 2005 Mr Peifer, who was a qualified Teacher, applied for a posit...
This article is listed under the following topics:
Discrimination and Equality