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Case Law

DS v Koch Personaldienstleistungen GmbH [2022]

Decision number:C-514/20   Legal body: Court of Justice EU (CJEU/ECJ) Background In German national law, the Manteltarifvertrag für Zeitarbeit (Framework Collective Agreement for temporary employment – “MTV”), contains, in paragraph 3.1, concerning ‘working hours’, the following passages: ‘3.1.1. The regular monthly working hours for a full-time employee shall be 151...
This article is listed under the following topics:
Working Time Leave
Case Law

MG v Dublin City Council [2021]

Decision number:C-214/20   Legal body: Court of Justice EU (CJEU/ECJ) Background MG is a retained firefighter employed by Dublin City Council on a part-time basis. He is, by virtue of a system of stand-by time, retained by the brigade of the fire station by which he was trained. MG is required to participate in 75% of that brigade’s interventions, with the option of ...
This article is listed under the following topics:
Health and Safety Working Time
Case Law

Taylor Sterling v Logan Wellbeing Belfast Limited & Ors [2022]

Decision number:NIIT.7124/19   Legal body: Northern Ireland Industrial Tribunal (NIIT) The claimant was employed by the respondent as a fertility practitioner from June 2017 until February 2019. She was based at a clinic on the Lisburn Road, Belfast. The respondent detailed that there were difficulties faced with the claimant from the beginning of her employment largely centring upon...
This article is listed under the following topics:
Dismissal Discrimination and Equality
Case Law

Guardian News and Media Ltd v Rozanov [2022]

Decision number:EAT.12   Legal body: Employment Appeal Tribunal (UKEAT) The issue involved the applicant, a well-known media organisation, which sought copies of skeleton arguments, witness statements and other documents involved in an Employment Tribunal hearing. The Tribunal proceedings this case relates to centre upon protected disclosures made by an employee in t...
This article is listed under the following topics:
Human Rights Tribunal Practice Procedures and Jurisdictional Issues
Case Law

Miss S Lewis v The Governing Body of Tai'rgwaith Primary School [2022]

Decision number:EAT.16   Legal body: Employment Appeal Tribunal (UKEAT) Introduction On 2 February 2022, the EAT handed down its decision in the case of Lewis v The Governing Body of Tai’rgwaith Primary School[1]. The case involved a teacher who was dismissed by the school following an incident in which a pupil was pulled to the floor. Industrial Tribunals in Northern ...
This article is listed under the following topics:
Dismissal Tribunal Practice Procedures and Jurisdictional Issues
Case Law

Mercer v Alternative Future Group Ltd [2022]

Decision number:EWCA.Civ.379   Legal body: England and Wales Court of Appeal (EWCA) The claimant, as a trade union representative, had been involved in organising a series of strikes. During a strike period the claimant was suspended from work and disciplinary proceedings were brought against her. The respondent suggested the claimant had twice abandoned her shift without permis...
Case Law

Unite the Union v Flybe; Prospect v Flybe [2022]

Decision number:17584/20IT   Legal body: Northern Ireland Industrial Tribunal (NIIT) The respondent went into administration on 5th March 2020 and this case arose from that. The claimants were Trade Unions which represented individuals who worked at the respondent’s site in Belfast. The first union, Unite the Union, was the recognised Union for collective bargaining, consultation...
This article is listed under the following topics:
Redundancy Collective and Trade Union Issues Policies and Procedures
Case Law

Attorney General v Taheri [2022]

Decision number:EAT.35   Legal body: Employment Appeals Tribunal (EAT) The claimant in this case was the Attorney General who was using her power under Section 33 of the Employment Tribunals Act 1996 to make a restrictions of proceedings order against the respondent. In Northern Ireland such applications are dealt with under Regulation 99 of the Industrial Tribunals ...
This article is listed under the following topics:
Tribunal Practice Procedures and Jurisdictional Issues
Case Law

Fentem v Outform EMEA Ltd [2022]

Decision number:EAT.36   Legal body: Employment Appeals Tribunal (EAT) The claimant resigned having to give nine months’ notice which have meant his employment ending on 16th January 2020. The respondent invoked a term (pay in lieu of notice) in the contract allowing for the employment to be terminated (following resignation) by paying the salary, excluding bonuses ...
This article is listed under the following topics:
Dismissal Contracts of Employment Pay
Case Law

Brake v Guy [2022]

Decision number:EWCA.Civ.235   Legal body: England and Wales Court of Appeal (EWCA) The claimants were a husband and wife who ran a holiday-letting business. They were declared bankrupt in 2015 and the farm from which they ran the business was sold to the defendant company. The claimants worked as employees of the defendant company. The claimants set up a new business email a...
This article is listed under the following topics:
Dismissal Data Protection and Freedom of Information Act