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Case Law

Campbell v Martin Contracts (NI) Ltd [2022]

Decision number:NIIT.1081/21.   Legal body: Northern Ireland Industrial Tribunal (NIIT) The claimant was employed by the respondent as a quantity surveyor. He was in that position from April 2011 until he was dismissed in October 2020. The dismissal arose from the Covid-19 pandemic and its effect on businesses. The claimant was placed on furlough from 23rd March 2020 and he remain...
This article is listed under the following topics:
Dismissal Redundancy Pay Coronavirus/Covid-19
Case Law

Dawson v PMC Limited t/a Bluebird Care Holywood [2022]

Decision number:NIIT.292/20   Legal body: Northern Ireland Industrial Tribunal (NIIT) The claimant commenced employment with the respondent on 17th May 2017 as a Care Supervisor. She worked in that role until her employment was terminated in October 2019. The issue arose in September 2019 when the Care Manager was informed that the claimant had set up a WhatsApp group for staff bu...
This article is listed under the following topics:
Dismissal
Case Law

NMC v Somerville [2022]

Case reference: EWCA.Civ.229   Legal body: England and Wales Court of Appeal (EWCA) The claimant was appointed as a member and chair of the Fitness to Practice Committee for the respondent. This was under separate four-year terms in 2012 and 2016. Under the contracts, the respondent was able to provide reasonable notice of a committee hearing and the claimant then chose whether...
This article is listed under the following topics:
Contracts of Employment
Case Law

Lawson v Virgin Atlantic Airways Ltd [2022]

Decision number:.2302784/2017   Legal body: Employment Tribunal (ET) The claimant is a pilot and joined the respondent in June 1998. The issue leading to the proceedings was regarded as the ‘Hong Kong incident’ which occurred in September 2015. The claimant was one of three pilots on board. The claimant was familiar with the route and, as the flight takes 11 h...
This article is listed under the following topics:
Dismissal Policies and Procedures
Case Law

Kocur v Angard Staffing Solutions Ltd & Anor [2022]

Decision number:EWCA.Civ.189   Legal body: England and Wales Court of Appeal (EWCA) The respondent is an employment agency and it provides agency workers to the Royal Mail. The issue arising in this case related to Regulation 13 of the Agency Workers Regulations 2010. This provides that an agency worker has during an assignment the right to be informed by the hirer (Royal Mail)...
This article is listed under the following topics:
Contracts of Employment A-Typical Working
Case Law

Wilkinson v Driver and Vehicle Standards Agency [2022]

Decision number:EAT.23   Legal body: Employment Appeals Tribunal (EAT) The claimant was a former police traffic officer and following his retirement from the police service he took up employment as a driving examiner with the respondent. This commenced in April 2016. One of the requirements on the claimant is that a DL25 form must be completed when a driving tes...
This article is listed under the following topics:
Dismissal Discipline and Grievance
Case Law

Rodriguez v Building Perspectives Ltd [2022]

Decision number:3200885/2021   Legal body: Employment Tribunal (ET) The claimant started working for the respondent in August 2017 as an Assistant Quantity Surveyor. She remained in that position until she was dismissed by reason of redundancy in December 2020. The respondent was recognised by the Tribunal as a small employer with 6 employees at the time includi...
This article is listed under the following topics:
Redundancy Coronavirus/Covid-19
Case Law

USDAW v Tesco Stores Ltd [2022]

Decision number:EWHC.201   Legal body: England and Wales High Court (EWHC) The claimant, a trade union and three trade union representatives, brought a claim against the defendant in relation to act of ‘fire and re-hire’. In 2007, the defendant closed a number of distribution centres and opened new ones. To retain staff, the defendant offered enhanced payments known as...
This article is listed under the following topics:
Redundancy Contracts of Employment Pay
Case Law

Quelch v Courtiers Support Services Ltd [2022]

Decision number:.3313138/2020   Legal body: Employment Tribunal (ET) The claimant commenced his employment with the respondent in June 2018 as a Compliance Assistant. The claimant performed well receiving a promotion. His contract of employment stated that he was to work at the Henley Office with a 3-month notice. On 18th March 2020, the claimant approached hi...
Case Law

Campbell v Lisburn & Castlereagh City Council [2022]

Case reference: 1409/19FET   Legal body: Northern Ireland Industrial Tribunal (NIIT) The claimant is a Roman Catholic and of ‘no set political opinion’. However, the claimant contended that as a result of her forename she would be perceived as a nationalist. The claimant was not an employee for the respondent but rather an agency worker through her employer, Grafton Recruitment....
This article is listed under the following topics:
Discrimination and Equality