Location: Northern Ireland
Rep.of Ireland
Location: Northern Ireland
Rep.of Ireland

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

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Case Law

British Airways v De Mello [2024]

Decision number:EAT.53   Legal body: Employment Appeals Tribunal (EAT) Summary Description: A case applying the Supreme Court’s decision from Agnew v PSNI regarding holiday pay. Found that the overall context should be examined in terms of sufficient similarity for the deductions and looked at alongside any temporal issues rather than being looked at separately. ...
This article is listed under the following topics:
Pay Annual Leave and Holiday Pay
Case Law

Maxwell v Tesco [2024]

Decision number:Case.No:.8000251/2023   Legal body: Employment Tribunal (ET) Summary Description: Failure to make reasonable adjustments when wellness and disciplinary meetings were rescheduled to a time when the claimant’s Advocacy Support Worker was not available. Background: The claimant worked for the respondent as a Customer Assistant from 1st August 2013. Th...
This article is listed under the following topics:
Discrimination
Case Law

Wilson v The Alliance Party of Northern Ireland [2024]

Decision number:NICA.12   Legal body: NI Court of Appeal (NICA) Summary Description: The decision to refuse an adjournment was upheld where the appellant could not show that it would affect his right to a fair trial with all things considered. Background: The issue arose from the claimant, who had been a member of the respondent political party, maki...
This article is listed under the following topics:
Discrimination Tribunal Practice Procedures and Jurisdictional Issues
Case Law

Sullivan v Isle of Wight Council [2024]

Decision number:EAT.3   Legal body: Employment Appeals Tribunal (EAT) Summary Description: Tribunal had no jurisdiction to hear a claim of detriment relating to a protected disclosure where the individual was an external job applicant because they did not have worker status. Background: The claimant had two interviews with the respondent for two positions. ...
This article is listed under the following topics:
Whistleblowing (Protected Disclosures) Policies and Procedures
Case Law

Patterson v Ashe [2024]

Decision number:67591/22   Legal body: Northern Ireland Industrial Tribunal (NIIT) Summary Description: A case in which some training payments could be deducted in line with the contract but others could not due to evidential issues. Background: The claimant was employed as an apprentice beauty therapist by the respondent from April 2021 until September 2022. The iss...
This article is listed under the following topics:
Pay
Case Law

Miller v JW Wheatley & Son Ltd [2023]

Decision number:CSOH.84   Legal body: Court of Session (Scotland) (COSS) Summary Description: A case in which the claimant was regarded as an independent contractor so the subcontractor on a site was not vicariously liable when the claimant suffered an injury. Background: The claimant, a solar panel engineer, brought a claim against three defendants relating ...
This article is listed under the following topics:
Contracts of Employment
Case Law

Mason v Wilko Limited [2023]

Decision number:Case.No:.2603125/2021   Legal body: Employment Tribunal (ET) Background: The claimant worked for the respondent as a customer services assistant from October 2003 until she resigned in September 2021. As a shop worker she had the right to opt out of Sunday working. The claimant became a local Trade Union representative in 2010. She came into possession of...
This article is listed under the following topics:
Dismissal Policies and Procedures
Case Law

Beckett & Others v Anglo Beef Processors Ltd t/a ABP UK [2024]

Decision number:NIIT.36321/21   Legal body: Northern Ireland Industrial Tribunal (NIIT) Background: This was a multiple claim involving four claimants from a pool of 55 original claimants. The background is that each claimant had either walked out of the premises or failed to attend the premises on Wednesday 25th March 2020. This was at the beginning of the original lockdown caused...
This article is listed under the following topics:
Pay Coronavirus/Covid-19
Case Law

Bathgate v Technip Singapore Pte Ltd [2023]

Decision number:CSIH.48   Legal body: Court of Session (Scotland) (COSS) Background: The claimant worked for the respondent on a vessel registered in the Bahamas and one which largely operated outside the UK/EEA waters. This occurred until June 2016 and from that point he then undertook onshore duties. In January 2017 the claimant was offered and accepted redundancy ...
This article is listed under the following topics:
Redundancy Discrimination
Case Law

Leathem-Flynn v HMRC [2024]

Decision number:NIIT.2605/23   Legal body: Northern Ireland Industrial Tribunal (NIIT) Background: The claimant was employed as a Tax Credit Officer from January 2019. The issue was whether the claimant was dismissed from his employment or if he had terminated his own employment. In August 2022 a complaint was made by a member of the public regarding the claimant’s conduct. The d...