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

We’ve found 1000 results

Case Law

Sainsbury’s Supermarkets Ltd v Clark [2023]

Case reference: EWCA.Civ.386   Legal body: England and Wales Court of Appeal (EWCA) Background: The claimants brought equal pay claims. The claimants did apply to ACAS for an early conciliation certificate but on some of the claim forms it was omitted. The rules of procedure required that the Tribunal staff should refer those claims to the Employment Judge but there was no autom...
This article is listed under the following topics:
Tribunal Practice Procedures and Jurisdictional Issues
Case Law

Minnoch & Ors v Interserve FM Ltd & Ors [2023]

Decision number:EAT.35   Legal body: Employment Appeal Tribunal (UKEAT) Background: The claimants appealed against a notice from the Tribunal stating their claims had been struck out for breaching an unless order. The basis of the claim was that their pay had been withheld when they were on strike and that deductions were not identified appropriately on their payslips....
This article is listed under the following topics:
Tribunal Practice Procedures and Jurisdictional Issues
Case Law

Pakalniskiene v Hotpursuit Enterprises Ltd [2023]

Decision number:NIIT.308/21   Legal body: Northern Ireland Industrial Tribunal (NIIT) Background: The claimant was employed by the respondent as a recycling operative. Her employment started in September 2004 and was brought to an end with dismissal in August 2020. A complaint was made in July 2020 by a supervisor (but not the claimant’s line manager) that the claimant had been pub...
This article is listed under the following topics:
Dismissal
Case Law

Gao v Four Seasons (No 11) Limited [2023]

Decision number:NIIT.38672/21   Legal body: Northern Ireland Industrial Tribunal (NIIT) Background: The claimant was employed as a care assistant on 24th April 2019 and her contract of employment was terminated for alleged theft following a meeting on 8th April 2020. This was confirmed to the claimant on 9th April 2020. There was no appeal to the dismissal lodged internally by the...
Case Law

Kaul v Ministry of Justice [2023]

Decision number:EAT.41   Legal body: Employment Appeals Tribunal (EAT) Background: In 2019 the claimant raised grievances about other judges and court staff. The grievances related to events starting in 2015. In 2020 the grievance was dismissed as being out of time under the policy. The claimant then commenced proceedings stating that there was a failure to deal...
This article is listed under the following topics:
Tribunal Practice Procedures and Jurisdictional Issues
Case Law

Ministry of Justice v Dodds [2023]

Decision number:EAT.31   Legal body: Employment Appeal Tribunal (UKEAT) Background: The claimants were full-time salaried judges at various levels. On occasion, the judges were asked to ‘sit up’ in higher roles. They received no additional remuneration with it being regarded as part of their salaried role. The claim was that they were part-time workers when they act...
This article is listed under the following topics:
Discrimination Pay
Case Law

Lyons v Starplan Furniture Limited & Ors [2023]

Decision number:NIIT.5733/18   Legal body: Northern Ireland Industrial Tribunal (NIIT) Background: The claimant and the second to fifth respondents all worked for the Starplan in their Portadown showroom. Until December 2017 the claimant enjoyed cordial working relationships with her colleagues. The work Christmas party took place on 16th December 2017. The claimant was the only ...
This article is listed under the following topics:
Dismissal Discrimination
Case Law

Haire v Industrial Temps [2023]

Decision number:NICA.1   Legal body: NI Court of Appeal (NICA) Background: The claimant brought a claim to the Tribunal relating to Race Discrimination and Victimisation. This followed his response to an advertisement from the respondent for the role of packer at a meat plant. This required the claimant to provide his passport and long birth certificate. Thi...
This article is listed under the following topics:
Discrimination
Case Law

Geraghty v Forose [2023]

Decision number:NICA.2   Legal body: NI Court of Appeal (NICA) Background: The Industrial Tribunal found, at first instance, that the respondent had discriminated against the claimant. The claimant was a part-time employee in his ice cream shop. It was found that the respondent had sexually harassed the claimant. This led to an award of £41,500 for injury ...
This article is listed under the following topics:
Discrimination
Case Law

Fay v Department of Finance [2023]

Decision number:NIIT.5582/19   Legal body: Northern Ireland Industrial Tribunal (NIIT) Background: The claimant was employed by the respondent department from January 2015 following an internal transfer within the Northern Ireland Civil Service. From an early stage there were issues regarding the claimant’s timekeeping and attendance at work. This led to his line manager approachi...
This article is listed under the following topics:
Dismissal Discrimination