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Latest Case Law

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Case Law

Raj v Capita Business Services & Anor [2019]

Decision number:UKEAT/0074/19/LA   Legal body:ukeat The claimant worked for the respondents but his employment was terminated under the probation period following a number of meetings when his performance was considered. He then made a claim to the Employment Tribunal including an allegation of sexual harassment or harassment relating to his sex as...
This article is listed under the following topics:
Discrimination and Equality
Case Law

Campbell v The Chairman and Secretary as Representatives of the PSNI Football Club [2019]

Decision number:5704/18   Legal body:niit The claimant in this case was a serving police officer who held a number of football coaching qualifications. Upon the promotion of PSNI Football Club to the Championship League One, the manager was required to have at least the UEFA B License. The manager at that time, James Kirk, did not have t...
This article is listed under the following topics:
Unfair Dismissal Contracts of Employment A-Typical Working
Case Law

Thornhill v London Borough of Camden [2019]

Decision number:2200088/2018   Legal body:et This case involved a Claimant who was employed as the street lighting and draining manager of a council for 37 years. The issue leading to his dismissal was irregularities that had taken place in a tendering process. The Claimant had had interactions with one of the bidding companies (who happen...
This article is listed under the following topics:
Unfair Dismissal Disciplinary and Grievance Issues
Case Law

Conisbee v Crossley Farms Ltd & Ors [2019]

Decision number:3335357/2018   Legal body:et The claimant left his position as a waiter after he had been shouted at in front of customers in relation to how he was dressed. The case centred upon his vegetarianism and the Employment Tribunal had to determine, at a preliminary hearing, whether vegetarianism was a protected characteristic. Th...
This article is listed under the following topics:
Discrimination and Equality
Case Law

Herry v Dudley Metropolitan Borough Council [2019]

Decision number:UKEAT/0069/19/LA   Legal body:ukeat The claimant was employed by the respondent as a teacher as well as a youth worker. He commenced a period of sick leave in June 2010, he never returned to his teaching position and was dismissed in 2015. He had brought two previous claims before the ET based upon sex and race discrimination, vict...
This article is listed under the following topics:
Unfair Dismissal Discrimination and Equality
Case Law

Okwu v Rise Community Action [2019]

Decision number:UKEAT/0069/19/LA   Legal body:ukeat The claimant had completed three months’ work for the Respondent and was informed that her probationary period would be extended by three months to allow for her suitability to be assessed. This period of time is well short of the 2 year period of employment requirement to obtain the right not to ...
This article is listed under the following topics:
Unfair Dismissal Whistleblowing (Protected Disclosures)
Case Law

Small v The Shrewsbury & Telford Hospitals NHS Trust [2019]

Decision number:UKEAT/0077/19/JOJ   Legal body:ukeat This case can be regarded as having extensive history with the first decision of the EAT being successfully appealed at the Court of Appeal in Small v The Shrewsbury & Telford Hospitals NHS Trust [2017] EWCA Civ 882. The basis of the case arose from the fact that the temporary contract of the ...
This article is listed under the following topics:
Whistleblowing (Protected Disclosures)
Case Law

Community Based Care Health Ltd v Narayan [2019]

Decision number:UKEAT/0162/18/JOJ   Legal body:ukeat The claimant was a ‘duty doctor’ and worked regular shifts on a 12-week rota at a single medical practice. This had been the case for approximately 12 years. She was not obliged to accept any work offered, nor was the company obliged to provide any work. She took holidays when she pleased. She ...
Case Law

Komeng v Creative Support Ltd [2019]

Decision number:UKEAT/0275/18/JOJ   Legal body:ukeat The claimant brought a claim to the Employment Tribunal on the basis of unlawful direct race discrimination arising from the failure of his employer to enrol him onto a course that would have allowed him to develop professionally. A further issue was that the employer required him to work every we...
This article is listed under the following topics:
Discrimination and Equality
Case Law

Reiner Grafe and Jürgen Pohle v Südbrandenburger Nahverkehrs GmbH, OSL Bus GmbH [2018]

Decision number:C-298/18   Legal body:cjeuecj In Reiner Grafe Pohle v Südbrandenburger Nahverkehrs GmbH, OSL Bus GmbH Case C‑298/18 ECJ Advocate General Sharpston has departed from the famous case of Oy Liikenne Ab v Pekka Liskojärvi and Pentti Juntunen C-172/99. SBN held a contract with the local authority commencing on 1 August 2008 to opera...
This article is listed under the following topics:
Transfer Regulations (TUPE) Transfer of Undertaking (TUPE)