Latest in Case Law

Latest Case Law

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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 ...
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