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Latest Case Law

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Case Law

Danny Loughran v Concentrix CVG Intelligent Contact Limited [2019]

Decision number:5749/18IT   Legal body:niit The claimant claimed unfair dismissal and disability discrimination. After failure to comply with numerous Orders of the tribunal, an ‘Unless Order’ was issued, with a warning that the claim could be struck out in the event of non-compliance. The claimant’s solicitor later emailed the tribunal with...
This article is listed under the following topics:
Tribunal Practice Procedures and Jurisdictional Issues
Case Law

North West Anglia NHS Foundation Trust v Gregg [2019]

Case reference:EWCA.Civ.387   The Claimant was a doctor employed by the NHS. After the deaths of two patients, he faced internal disciplinary procedures and was excluded on full pay. He was referred to the General Medical Council (GMC) and a police enquiry began soon after. Later, his registration was temporarily suspended, his...
This article is listed under the following topics:
Disciplinary and Grievance Issues Contracts of Employment
Case Law

Matthew Kenny v Admiral Care Services Limited [2018]

Case reference:5221/18   The respondent is a limited company which provides domiciliary care services in the community. The claimant had been employed as a Care Assistant and later as a Team Leader until he resigned. He commenced a period of sick leave due to depression. A number of ‘welfare meetings’ were held to ascerta...
Case Law

Cresco Investigation v Markus Achatzi [2019]

Case reference:C-193/17   Under a provision of Austrian national law known as the ARG, Good Friday is a paid public holiday, entailing a 24-hour rest period for members of the Evangelical Churches of the Augsburg and Helvetic Confessions, the Old Catholic Church and the United Methodist Church (“the churches covered by the ...
This article is listed under the following topics:
Discrimination and Equality
Case Law

Horgan & Keegan v Minister for Education & Skills [2019]

Case reference:C-154/18   In 2011, Mr Horgan and Ms Keegan qualified as school teachers in Ireland. As of that autumn, they commenced employment as teachers in an Irish State primary school. The salary scales for newly recruited teachers, contained in Circular 0040/2011, reduce, as of 1 January 2011, the salaries by 10% at ...
This article is listed under the following topics:
Discrimination and Equality Recruitment and Selection
Case Law

Lynott v Vinaccia and Ors t/a Aldo’s Restaurant [2019]

Case reference:NIIT.(CASE.REF:.5984/18)   Lynott v Vinaccia and Ors t/a Aldo’s Restaurant [2019] NIIT (CASE REF: 5984/18) Keywords: Unfair Dismissal; Dismissal v Resignation; Heat of the Moment Argument; One-Off Incidents The claimant was employed as a chef at the respondents’ restaurant. One shift, an altercation arose between the claiman...
This article is listed under the following topics:
Unfair Dismissal
Case Law

Grange v Abellio London Ltd [2018]

Case reference:UKEAT.0304_17_0810   We covered an earlier EAT decision on this case in 2016, where it was established that, where an employer does not permit an employee to take statutory breaks under the WTR, it can amount to a refusal to allow the employee said breaks, even where the employee does not request them: https://www.lega...
This article is listed under the following topics:
Working Time and Leave
Case Law

Mrs F Nissa v Waverly Education Foundation Ltd [2019]

Case reference:UKEAT/0135/18/DA   The claimant worked for the respondent as a science teacher. She suffered from a physical impairment, ultimately diagnosed as fibromyalgia, together with mental distress. She argued her condition had a substantial and long-term adverse effect on her ability to carry out normal day-to-day activities...
This article is listed under the following topics:
Discrimination and Equality
Case Law

London Borough of Lambeth v Agoreyo [2019]

Case reference:EWCA.Civ.322   The Court of Appeal has overturned the High Court's decision on this case, which involved the resignation of a teacher, following her suspension pending investigation over allegations of using unreasonable force against two children. The High Court had ruled that suspension was not a neutral act an...
This article is listed under the following topics:
Unfair Dismissal Disciplinary and Grievance Issues
Case Law

Mrs E Jolly v Royal Berkshire NHS Foundation Trust [2019]

Case reference:3324869/2017.   The claimant, an 88-year-old hospital secretary, worked for the NHS Trust from 1991, when she was 61 years old, until her dismissal on 22 January 2017. She has become the oldest person in the UK to win an age discrimination case after she was sacked when colleagues complained about her age and “fra...
This article is listed under the following topics:
Unfair Dismissal Discrimination and Equality Policies and Procedures