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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

McElmurray v Western Urgent Care Ltd [2022]

Decision number:7521/21   Legal body: Northern Ireland Industrial Tribunal (NIIT) The claimant commenced employment with the respondent in May 1998 as a receptionist. The respondent provided out-of-hours urgent medical care and triage service in the northwest of Northern Ireland. One of the four receptionists on the ‘on-call rota’ went off on sick leave due to stress in April 2...
This article is listed under the following topics:
Discrimination Pay
Case Law

Arthur v Belfast Health & Social Care Trust [2022]

Decision number:1546/22IT   Legal body: Northern Ireland Industrial Tribunal (NIIT) The issue at this preliminary hearing was whether the claim of breach of contract was out of time and whether time should be extended. Both parties agreed this was the issue at the start of the hearing and that there were no other issues. Evidence was heard on the point of time limits and the case...
This article is listed under the following topics:
Tribunal Practice Procedures and Jurisdictional Issues
Case Law

Marangakis v Iceland Foods Limited [2022]

Decision number:EAT.161   Legal body: Employment Appeals Tribunal (EAT) The claimant was employed as a part-time Sales Assistant from September 2013. The claimant was initially dismissed for alleged gross misconduct in January 2019. The main issue of the case was the effect of an internal appeal. The respondent, in its disciplinary policy, states: ‘Colleagues have t...
This article is listed under the following topics:
Dismissal Discipline Contracts of Employment
Case Law

Phipps v Priory Education Services Ltd [2022]

Decision number:EAT.129   Legal body: Employment Appeals Tribunal (EAT) The claimant brought a series of claims against the respondent. She had been dismissed and subsequently brought claims for unfair dismissal, age discrimination, harassment and victimisation. The issue for the EAT here was in relation to Tribunal procedure leading to a strike out. The claimant in...
Case Law

Morgan v Buckinghamshire Council [2022]

Decision number:EAT.160   Legal body: Employment Appeals Tribunal (EAT) The claimant was a supervising social worker in the respondent’s fostering team. She was dismissed following a matter in which she had given gifts to a child she was responsible for. As part of the Safe Working Practice Guidance the claimant, and other professionals, were reminded of ensuring th...
This article is listed under the following topics:
Dismissal Discrimination Policies and Procedures
Case Law

Element v Tesco Stores Ltd [2022]

Decision number:EAT.165   Legal body: Employment Appeals Tribunal (EAT) The claimants were store-based employees who are predominately female. The basis of the claim related to equal pay and parity with those who worked in the distribution centres of the respondent who were mostly male. The claimants made a claim stating that the jobs should be rated as equivalent a...
This article is listed under the following topics:
Discrimination
Case Law

Tyne and Wear Passenger Transport Executive (t/a Nexus) v National Union of Rail, Maritime and Transport Workers [2022]

Decision number:EWCA.Civ.1408   Legal body: England and Wales Court of Appeal (EWCA) The issue in this case related to a collective agreement struck between the claimant employer and the respondent trade union. The agreement included a provision that a productivity bonus for employees would be consolidated into their basic pay. The issue is that one of the Union’s members (Anderso...
This article is listed under the following topics:
Contracts of Employment Collective and Trade Union Issues
Case Law

Bathgate v Technip UK Ltd [2022]

Decision number:EAT.155   Legal body: Employment Appeal Tribunal (UKEAT) The claimant was employed as a chief officer on a number of vessels which ordinarily sailed outside of UK and European waters. He had worked on shore for the last six months of his employment which ended with redundancy in 2017. The claimant stated that he had been discriminated against on the ba...
Case Law

Palmer-Brown v DTSN Limited t/a Fordwich Arms [2022]

Case reference: Case.No:.2302749/2020   Legal body: Employment Tribunal (ET) The claimant alongside two others set up the respondent business in 2017. It was a pub and fine dining restaurant. The two others were largely responsible for the back of house and the claimant was responsible for the front of house including finances, payroll and the day-to-day running of the bu...
This article is listed under the following topics:
Dismissal Discipline
Case Law

Taylor v Metroline Travel Ltd [2022]

Case reference: Case.No:.3303137/2021   Legal body: Employment Tribunal (ET) The claimant was employed as a bus driver for the respondent which is a major London bus company with garages and routes in and around London. The case arose out of an incident in November 2020. The claimant submitted a Vehicle Incident Report outlining an incident that took place. The incident rel...
This article is listed under the following topics:
Dismissal