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Latest Case Law

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Case Law

Bilsbrough v Berry Marketing Services Ltd [2019]

Case reference:ET/1401692/2018   The primary issue involved in this case was a detriment that was suffered by the claimant as a result of the research that was conducted with a view to making a protected disclosure to the Information Commissioner's Office. This arose after the claimant was asked by the Managing Director of the re...
This article is listed under the following topics:
Unfair Dismissal Whistleblowing (Protected Disclosures) Human Rights
Case Law

Phoenix House Ltd v Stockman [2019]

Decision number:UKEAT/0284/17/OO   Legal body:ukeat The EAT has issued guidance on the covert recording of meetings by employees. This case involved an employee who had been the financial accountant of a charity but who had obtained a lower position following a reorganization. She alleged wrong-doing on the part of her employer i.e. that the Directo...
Case Law

The Harpur Trust v Brazel [2019]

Decision number:EWCA.Civ.1402.   Legal body:ewca The Court of Appeal has confirmed the decision of the EAT in this case, which we reported on in March 2018, that part-time workers may receive proportionately greater holidays than their full-time counterparts. The claimant, a visiting music teacher, was employed by the respondent on a zero-hours c...
This article is listed under the following topics:
Working Time and Leave Pay and Conditions of Employment
Case Law

Hallett v Derby Hospitals NHS Foundation Trust [2019]

Decision number:EWCA.Civ.1394   Legal body:ewca This appeal involved a junior doctor who was employed under the standard contract of the Terms and Conditions of Service for NHS Medical and Dental Staff. This contract required the Trust to monitor work patterns, hours and rest breaks through ‘local monitoring arrangements’. This required juni...
This article is listed under the following topics:
Contracts of Employment Working Time and Leave
Case Law

British Telecommunications Plc v Meier [2019]

The claimant had applied for a graduate job with BT. The claimant’s mother emailed his CV and outlined that her son had Autism Spectrum Disorder and dyslexia and was wanting to avail of the BT Disability Scheme that guaranteed an interview when the minimum criteria was met for the job. For thes...
This article is listed under the following topics:
Discrimination and Equality Recruitment and Selection
Case Law

Lord Chancellor v McCloud [2018]

Decision number:EWCA.Civ.2844   Legal body:ewca This case came on foot of the transitional arrangements that were brought into place in 2015 that affected the pension entitlement of Judges and Firefighters. This did not change the pension entitlement of those within 10 years of retirement - yet those between 10-14 years to retirement received s...
This article is listed under the following topics:
Discrimination and Equality Pensions Pay and Conditions of Employment
Case Law

Mervyn v BW Controls Ltd [2019]

Case reference:UKEAT/0140/18/BA   The claimant had worked for the respondent company for over 10 years and after a series of events culminating in the claimant being accused of lying, she left the employment. The claimant was a litigant in person and in completing the ET1 form stated that she had been unfairly dismissed ‘(includin...
This article is listed under the following topics:
Tribunal Practice Procedures and Jurisdictional Issues
Case Law

Tillman v Egon Zehnder Ltd [2019]

Decision number:UKSC.32   Legal body:uksc This case centred upon a post-termination non-competition clause in the employment contract of a former employee. The term of the contract stated that the employee should not: ‘…within the period of six months from the termination date directly or indirectly engage or be concerned or interested in...
This article is listed under the following topics:
Contracts of Employment Policies and Procedures
Case Law

Garamukanwa v United Kingdom [2019]

Decision number:Application.no..70573/17   Legal body:ecthr The applicant was employed by the NHS Trust as a manager but as a result of alleged gross misconduct he was dismissed. The case centred upon a personal relationship the applicant had with a colleague (known as L) that had ended in May 2012. After the relationship ended, L started a relationship ...
This article is listed under the following topics:
Unfair Dismissal Human Rights
Case Law

Graham v Leisure Tours NI Limited [2019]

Decision number:13020/18   Legal body:niit The claimant brought a claim for constructive unfair dismissal as well as arrears in pay, including holiday pay. The primary issue dealt with in this case was whether the claimant had presented his case within time. The claimant’s employment ended on 12th March 2018 but the claim was not presente...