Latest in Case Law

Our case reviews cover a wide range of employment cases from relevant employment courts and the implications of these decisions for employers.

Latest Case Law

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Case Law

Mioduszewska v Western Urgent Care Limited [2023]

Decision number:NIIT.1787/22IT   Legal body: Northern Ireland Industrial Tribunal (NIIT) Background: The claimant is a medical doctor and was employed by the respondent as a GP from April 2018 until her dismissal on 26th July 2021. The dismissal arose based upon an allegation of drugs theft. However, despite investigation from the PSNI there was no prosecution directed by the PPS. Sh...
Case Law

McGauley v Dwr Cymru Cefyngedig [2023]

Decision number:Case.No:.1600859/2022   Legal body: Other Tribunals & Courts (OTAC) Background: The claimant was employed by the respondent from August 2017 as a Waste Network Technician. The claimant alleged that there were deductions made from April 2019 to March 2020. These related to alleged overtime. The claimant pursued a grievance relating to the same in February 2021 whi...
This article is listed under the following topics:
Pay
Case Law

McDade v Norman Emerson Group Limited [2023]

Decision number:NIIT.63140/22   Legal body: Northern Ireland Industrial Tribunal (NIIT) Background: The claimant was employed as a HGV Driver for eight years before his dismissal in June 2022. The issue arising was that the claimant livestreamed a video from his Facebook account on 28th May 2022. This was from Dundonald Orange Hall. Part of this video included a clip of individual...
This article is listed under the following topics:
Dismissal
Case Law

University of Dundee v Chakraborty [2023]

Decision number:CSIH.22   Legal body: Court of Session (Scotland) (COSS) Background: The claimant raised a grievance under the Dignity at Work and Study Procedures within the University. A member of staff investigated and reported. Prior to the outcome a Tribunal claim was lodged relating to constructive dismissal and racial discrimination. The report from the grievance...
This article is listed under the following topics:
Tribunal Practice Procedures and Jurisdictional Issues
Case Law

Connor v Chief Constable of South Yorkshire Police [2023]

Decision number:EAT.42   Legal body: Employment Appeal Tribunal (UKEAT) Background: The claimant’s employment was terminated, and he was entitled to accrued holiday pay in line with the Working Time Regulations (“Regulations”). There was a contractual term stating: “Employees may, on termination of employment, be entitled to payment for untaken annual leave or for othe...
This article is listed under the following topics:
Working Time Pay
Case Law

Lovingangels Care Ltd v Mhindurwa [2023]

Decision number:EAT.65   Legal body: Employment Appeal Tribunal (UKEAT) Background: The claimant, a live-in care assistant, was made redundant in Summer 2020. This occurred after her client had moved into a care facility and due to the pandemic there were no other clients she could live with. At first instance, the Tribunal decided that there was an alternative to re...
This article is listed under the following topics:
Redundancy
Case Law

Huddersfield University v Duxbury [2023]

Decision number:EAT.72   Legal body: Employment Appeal Tribunal (UKEAT) Background: The claimant, a lecturer at the respondent university, was found to have been unfairly dismissed. The claimant sought a reinstatement order and this was granted by the Tribunal. The issue was that the respondent refused to reinstate the claimant. Therefore the Tribunal awarded: Ba...
This article is listed under the following topics:
Dismissal
Case Law

McIlhatton v City Vets Limited [2023]

Decision number:7003/21   Legal body: Northern Ireland Industrial Tribunal (NIIT) Background: The claimant worked for the respondent as a customer care assistant/receptionist from March 2018 until October 2020. In March 2020 as a result of the pandemic, the veterinary establishments were regarded as essential and continued to work albeit with a reduced number of staff on site....
This article is listed under the following topics:
Dismissal
Case Law

Andrews v Bryson Charitable Group [2023]

Decision number:NICA.26   Legal body: NI Court of Appeal (NICA) Background: The claimant was employed from 2nd October 2018 until 29th June 2018 as a maternity cover. The substance of the claim was that from the second day of her posting as Assistant Director of HR the claimant experienced behaviours and decisions of Senior Managers which caused concern. This ...
Case Law

Rankin v Precept IT Limited [2023]

Decision number:53240/21   Legal body: Northern Ireland Industrial Tribunal (NIIT) Background: The claimant was employed by the respondent from February 2018 until July 2022 as a Business Development manager. His main role was to source and secure new customers. In addition to basic salary, the claimant also earned commission. The claimant alleged that from January 2020 to July...
This article is listed under the following topics:
Pay