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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

Shanks v Lothian Health Board [2023] EAT 148

Decision number:EAT.148   Legal body: Employment Appeal Tribunal (UKEAT) Background: The claimant was employed by the respondent as a catering assistant. During the pandemic, the respondent required employees to wear face masks in compliance with the Scottish Government Regulations under the Coronavirus Act 2020. The claimant disagreed with this and asked the respond...
This article is listed under the following topics:
Dismissal Coronavirus/Covid-19
Case Law

Ajaz v Homerton University Hospital NHS Foundation Trust [2023] EAT 142

Decision number:EAT.142   Legal body: Employment Appeal Tribunal (UKEAT) Background: The claimant brought claims against the respondent in 2017 on the basis that she had been subject to detriment as a result of protected disclosures that had been made. The case in 2017 was settled under an ACAS COT3 agreement. Within that agreement it stated that the claimant would n...
Case Law

McAleese v Daly & Quality Care Services Ltd [2023]

Decision number:NIIT.6023/22   Legal body: Northern Ireland Industrial Tribunal (NIIT) Background: The claimant commenced her employment as a care worker in July 2021 and it ended in November 2021. The claimant did not drive so she was always with another carer on what were referred to as ‘double runs’. These shifts involved two members of staff as they included lifting clients....
This article is listed under the following topics:
Discrimination and Equality Whistleblowing (Protected Disclosures)
Case Law

Whyley v Gypsumtools Ltd [2023]

Decision number:Case.No:.2601632/2021   Legal body: Employment Tribunal (ET) Background: The claimant commenced employment as a Stores Assistant/Taping Tool Repair Technician in April 2018 and was dismissed on 31st March 2021. The respondent argued that they had a fair reason, namely some other substantial reason, due to the adverse impact on the business as a result o...
This article is listed under the following topics:
Dismissal
Case Law

Arafat v Strike Limited [2023]

Decision number:6000860/2023   Legal body: Employment Tribunal (ET) Background: This case related to a strike out application of the claimant’s claim for a protective award and unlawful deduction from wages. The issue relating to the protective award relating to the dismissal was actually evident when the claimant said herself that the employee representatives...
This article is listed under the following topics:
Dismissal Pay
Case Law

Famojuro v Boots Management Services Ltd & Anor [2023]

Decision number:3219822/2020   Legal body: Employment Tribunal (ET) Background: The claimant, a black Nigerian, was employed by the respondent as a relief pharmacist. This was initially for 9 hours per week and was reduced to 7 hours per week. He also worked as a locum for other employers. The case relates to the events of 18th July 2020. He was assigne...
This article is listed under the following topics:
Discrimination and Equality
Case Law

Burton v Soul Hair Limited [2023]

Decision number:Case.No:.2408536/2022   Legal body: Employment Tribunal (ET) Background The claimant is a hair stylist and started employment with the respondent in 2015 at the age of 16. She left her role in June 2022 after giving her notice. One of the issues was with the contract – with one contract (there was a dispute as to the correct contract) stating that if th...
This article is listed under the following topics:
Contracts of Employment Pay
Case Law

Independent Workers Union of Great Britain v Central Arbitration Committee and Anor [2023]

Decision number:UKSC.43   Legal body: Uk Supreme Court (UKSC) Background: The background is that many riders of the respondent joined the claimant, an independent Trade Union, which sought to negotiate on behalf of riders. The respondent refused to enter into collective bargaining negotiations. This led to a decision by the Central Arbitration Committe...
This article is listed under the following topics:
Contracts of Employment Collective and Trade Union Issues
Case Law

The No 8 Partnership v Simmons [2023]

Decision number:EAT.140   Legal body: Employment Appeal Tribunal (UKEAT) Background: The claimant is a dental nurse and worked for the respondent from March 1990 until her resignation in June 2020. The issue arose in relation to the Coronavirus pandemic. Plans were put in place in May 2020 to re-open the practice for emergency treatment. The claimant stated t...
This article is listed under the following topics:
Dismissal Discrimination and Equality
Case Law

Clay v Oasis Dental Care Ltd [2023]

Decision number:6000459/2023   Legal body: Employment Tribunal (ET) Background: The claimant brought a claim for harassment and dismissal. The harassment related to an email received from her manager containing the phrase: ‘…we talked about Stockholm Syndrome and the desire to make an abuser like you and how this could be seen with this action.’ The basi...
This article is listed under the following topics:
Dismissal