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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

Barakova v Ireland Fishing Ltd t/a Wattermill Lodge & Brissaud [2023]

Decision number:NIIT.20137/19   Legal body: Northern Ireland Industrial Tribunal (NIIT) Background: The claimant, a Bulgarian national, worked for the respondent from July 2013 to 2015 and then from August 2017 until her employment ended in July 2019. The claimant was contracted 40 hours per week yet the claimant asserted that she was forced to work approximately 130 hours per week. ...
This article is listed under the following topics:
Dismissal Discrimination
Case Law

Salim v Western Health and Social Care Trust [2023]

Decision number:NIIT.23793/21   Legal body: Northern Ireland Industrial Tribunal (NIIT) Background: The claimant is an African Arab and having been trained in Northern Ireland he worked for the health service and had been a consultant in obstetrics and gynaecology since 2006. The claimant unsuccessfully applied for locum posts with the respondent on two occasions in 2009. The claima...
This article is listed under the following topics:
Discrimination
Case Law

Wytrzyszczewski v British Airways Plc [2023]

Decision number:EAT.7   Legal body: Employment Appeal Tribunal (UKEAT) Background: The claimant was employed by the respondent as a member of its cabin crew for a period of eight months. He brought a range of claims relating to what he termed as multiple health and safety concerns where no action had been taken, xenophobic comments and harassment. This also included...
This article is listed under the following topics:
Discrimination
Case Law

Smith v Tesco Stores Limited [2023]

Decision number:EAT.11   Legal body: Employment Appeal Tribunal (UKEAT) Background: The claimant worked as a customer assistant for the respondent from 2008 until 2018. The claimant asserted that he was dismissed when he was shopping in the store and had an altercation with a store manager resulting in the claimant being arrested by the police. The claimant commence...
This article is listed under the following topics:
Dismissal Contracts of Employment
Case Law

Clifford v Millicom Services UK Ltd [2023]

Decision number:EWCA.Civ.50   Legal body: England and Wales Court of Appeal (EWCA) Background: The respondent provided digital services to emerging markets in Africa and Latin America. The claimant stated he reported concerns that a subsidiary which supplying customer information to a government agency and serious criminal offences were being committed as a result. He then ar...
This article is listed under the following topics:
Whistleblowing (Protected Disclosures)
Case Law

Fitzsimons v Disability Action (NI) [2023]

Decision number:NIIT.26215/21   Legal body: Northern Ireland Industrial Tribunal (NIIT) Background: The claimant began working for the respondent, a voluntary organisation, in November 2011 as an Employment Advocacy Officer. The claimant has muscular dystrophy, Type 1 diabetes and chronic respiratory failure and is a disabled person within the definition of the legislation. The cla...
This article is listed under the following topics:
Discrimination
Case Law

Krolak v Alison Smyth t/a Bubbles Dog Grooming [2023]

Decision number:NIIT.11511/19   Legal body: Northern Ireland Industrial Tribunal (NIIT) Background: The claimant, a Polish national, contacted the respondent asking for a job after undertaking a one-week dog grooming course in Poland. The respondent stated there were no jobs at that time. However, the respondent stated the claimant could, when available, come in to help and she wou...
This article is listed under the following topics:
Discrimination Pay
Case Law

Hawkes v Oxford Economics [2022]

Decision number:EAT.179   Legal body: Employment Appeal Tribunal (UKEAT) Background: The claimant brought a claim for unfair dismissal. This was dismissed by the Tribunal in December 2020. The deadline to appeal that decision was 16.00 on 9th February 2021. Half an hour before this deadline the claimant submitted a series of emails containing the requisite appeal doc...
This article is listed under the following topics:
Tribunal Practice Procedures and Jurisdictional Issues
Case Law

Earl Shilton Town Council v Miller [2023]

Decision number:EAT.5   Legal body: Employment Appeal Tribunal (UKEAT) Background: The employer, the Town Council, operated from a building owned by the Methodist Church. Part of the building was used by the Town Council and another part of the building was used for the purpose of a playgroup. The issue arising was that the men’s toilets were included in part of the...
This article is listed under the following topics:
Discrimination
Case Law

Donaldson v Positive Futures [2023]

Decision number:NIIT.36005/21   Legal body: Northern Ireland Industrial Tribunal (NIIT) Background: The claimant was employed as a residential social worker from 20th July 2020 until 22nd April 2021. References were sought before commencing employment but they could not be described as ‘glowing’ with one failing to answer the question as to whether the claimant would be re-employed an...