Latest in Case Law

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Latest Case Law

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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
Case Law

Benavides v Britannia Services Group Limited [2019]

Case reference:Case.Number:.2208186/2016   The Respondent is a contract cleaning company which specialises in retail clients. The claimant was an employee of the respondent and worked at Topshop’s main store in Oxford Street, London.In 2016, the claimant helped organise a 200-person protest outside the store, demanding better rates of pay. ...
This article is listed under the following topics:
Unfair Dismissal Collective and Trade Union Issues
Case Law

Mr B Plaistow v Secretary of State for Justice [2019]

Case reference:3400502/2016...   The claimant, a bisexual prison officer, suffered a campaign of direct discrimination and harassment on the basis of his sexuality or perceived sexuality throughout his period of employment. The claimant was a prison officer at HMP Woodhill. He was summarily dismissed from his post on grounds of mi...
Case Law

Derek Marshall and Ian Falconer v Caterpillar (NI) Limited [2019]

Case reference:5717/18.and.5719/18   Both claimants are employed by the respondent as paint specialists. The main issue was whether they were medically suspended from work within the meaning of Art.96 of the Employment Rights (NI) Order 1996. Both claimants had attended routine health examinations with the respondent’s Occupational H...
This article is listed under the following topics:
Disciplinary and Grievance Issues Pay and Conditions of Employment
Case Law

Mrs F Rizvi v Capital Care Services (UK) Ltd [2019]

Case reference:2201925/2018   The claimant, Mrs Faiza Rizvi, worked as chief executive officer for a medical staffing company that supplied clinical staff to the NHS. Mrs Rizvi raised concerns that both CCS and its parent company, Positive Healthcare, were “deliberately taking large sums of money out of the company” and that th...
Case Law

Jamie Elliott v RMS Cash Solutions Limited [2019]

Case reference:5963/18   The claimant was employed as a Secure Area Operator with the respondent company which operated a cash management and secure transit cash service. The respondent had a strict ‘Safeguards’ policy which outlined the importance of employees not sharing any work-related matters online. The claimant acce...
This article is listed under the following topics:
Unfair Dismissal Contracts of Employment Policies and Procedures
Case Law

Linklaters LLP & Anor v Mellish [2019]

Case reference:EWHC.177.(QB)   This case concerned an urgent application for an injunction to restrain an ex-employee from disclosing information obtained from and relating to his employment. The information was highly confidential in nature and was protected by express duties of confidence as outlined in his contract of employm...
This article is listed under the following topics:
Contracts of Employment