Case Law

O’Boyle v St Helens & Knowsley Teaching Hospitals NHS Trust [2023]

Decision number:2413495/2020 Legal body: Employment Tribunal (ET) Background: The claimant was employed as a Band 5 Staff Nurse from March 2017 until her resignation in July 2020. She worked in an orthopaedics ward before and during the start of the Covid-19 pandemic. In March 2020, the respondent sent an email to staff asking about medical health conditions. T...

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Discrimination

Case Law

Duffy v East Riding of Yorkshire Council [2023]

Decision number:Case.No:.1805951/2021 Legal body: Employment Tribunal (ET) Background: The claimant was employed by the respondent from February 2008 working as site coordinator at Parkside Primary School. In April 2021, the respondent received four complaints from female members of staff which were allegations of sexual harassment. The Head Teacher investigated these c...

This article is listed under the following topics:

Dismissal

Case Law

Hewston v OFSTED [2023]

Decision number:EAT.109 Legal body: Employment Appeal Tribunal (UKEAT) Background: The claimant was employed by the respondent as an Inspector. During a school inspection with a colleague a group of school children rushed in from outside after it had started to rain. The claimant brushed water off the hair from a child and placed his hand on the child’s shoulder. A...

This article is listed under the following topics:

Dismissal

Case Law

Garcha-Singh v British Airways Plc [2023]

Decision number:EAT.97 Legal body: Employment Appeal Tribunal (UKEAT) Background: The claimant was employed as Long Haul Cabin Crew. He was dismissed by reason of incapability following a lengthy sickness absence. This decision was made in August 2017 to take effect in January 2018. The respondent continued to extend the termination date of the claimant’s contract un...

This article is listed under the following topics:

Dismissal

Case Law

Murdock v Department of Justice [2023]

Decision number:NIIT.1833/20 Legal body: Northern Ireland Industrial Tribunal (NIIT) Background: The claimant was employed by the respondent as a Custody Prison Officer from September 2007 until his dismissal in April 2020. This followed from a period of sickness absence from April 2019. The Tribunal accepted the claimant’s evidence about stress and related sickness absence. The T...

This article is listed under the following topics:

Dismissal Absence and Sickness Discrimination

Case Law

Aspect Windows (Western) Ltd v Retter (As Representative of the Estate of McCrorie) [2023]

Decision number:EAT.95 Legal body: Employment Appeal Tribunal (UKEAT) Background: The claimant was dismissed on the ground of redundancy in 2019. She brought various claims arguing that her redundancy was brought about because she had complained and raised a grievance about offensive comments made by male colleagues. The claim was successful. The issue arising was ...

This article is listed under the following topics:

Tribunal Practice Procedures and Jurisdictional Issues

Case Law

Jackson v The University Hospitals of North Midlands NHS Trust [2023]

Decision number:EAT.102 Legal body: Employment Appeal Tribunal (UKEAT) Background: The claimant began work for the respondent in 2010 as an acute care research nurse. In 2013 she moved to a specialist role as a senior haematology research nurse. In 2018 there was a review of the research and development directorate for the purpose of cost savings. This meant that t...

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Dismissal Redundancy

Case Law

Dempsey & Rafferty v Department Stores Realisations Limited (in Administration) formerly Debenhams Retail Ltd (in Administration) [2023]

Decision number:NIIT.1725/21 Legal body: Northern Ireland Industrial Tribunal (NIIT) Background: The respondent operated as a chain of Department Stores throughout Northern Ireland, Great Britain and the Republic of Ireland. Administrators were appointed in April 2020 and with effect from 14th August 2020 staff were made redundant, including the claimants. The claimants are maki...

This article is listed under the following topics:

Redundancy

Case Law

Ramos v Lady Coco Limited t/a Shamela’s Fresh Hot and Cold Food [2023]

Decision number:EAT.99 Legal body: Employment Appeals Tribunal (EAT) Background: An advertisement had been placed on Gumtree on behalf of the respondent, which ran a Chinese Restaurant. It stated: ‘A takeaway female staff who can speak English fluently is need to join us at Shamila’s Café near the Beautiful area of Ruchill Park.’ [Sic] The claimant did not make an ...

This article is listed under the following topics:

Discrimination Tribunal Practice Procedures and Jurisdictional Issues

Case Law

Molloy v D&W Carlisle Ltd [2023]

Decision number:25132/21 Legal body: Northern Ireland Industrial Tribunal (NIIT) Background: The claimant was employed by the respondent from 1999 until his dismissal for gross misconduct in December 2020. He had been promoted during his employment from General Assistant to General Manager in the respondent’s store. In his role as General Manager he supervised some 80 staff....

This article is listed under the following topics:

Dismissal Coronavirus/Covid-19

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