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Latest Case Law

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Case Law

Federación de Servicios de Comisiones Obreras v Deutsche Bank SAE [2019]

Case reference:Case.C-.55/18   A Spanish trade union (CCOO) sought a declaration that a bank was under an obligation to establish a system to record the actual number of hours worked daily by its employees. It argued that the requirement for such a system derived not only from domestic law but also from the EU Charter of Fundame...
This article is listed under the following topics:
Working Time and Leave Policies and Procedures
Case Law

Ms. E. Gutfreund-Walmsley v Big Lottery Fund Limited [2019]

Case reference:2205176/2018   The claimant initiated proceedings asserting that she had been directly discriminated against on grounds of her sex, harassed for a reason related to her sex and victimised by subjecting her to a detriment because she had done a protected act or acts. The claimant was a Public Affairs Manager for t...
This article is listed under the following topics:
Disciplinary and Grievance Issues Discrimination and Equality
Case Law

Brierley & Ors v ASDA Stores Ltd [2019]

Case reference:EWCA.Civ.8.   The claimants sought to appeal a decision by the Employment Appeal Tribunal concerning their claims for equal pay. The claims were brought by (for the most part) female employees carrying out different jobs in supermarkets who say they are being paid less than men carrying out work of equal value i...
Case Law

In Re an application by Lorraine Gallagher for Judicial Review (Northern Ireland) [2019]

Case reference:UKSC.3   The respondents had all been convicted or received cautions or reprimands in respect of relatively minor offending. In each case, the relevant convictions and cautions were “spent” under the legislation designed for the rehabilitation of ex-offenders, but criminal records had to be disclosed if the...
This article is listed under the following topics:
Human Rights Recruitment and Selection
Case Law

Patrick Breslin v Margaret Loughrey [2018]

Case reference:77/16FET.1930/16   The claimant worked for the respondent as an assistant, initially on an informal basis, and then under a contract of employment. He had significant personal issues affecting his health and wellbeing. The claimant described the respondent’s initial attitude towards him as friendly and civil. She pro...
This article is listed under the following topics:
Discrimination and Equality
Case Law

Michelle Proctor vs Haxby Group practice [2018]

Case reference:1801602/2017.and.1806299/2017   The claimant worked as a clerical assistance in the respondent GP practice. She suffered arthritis in both hands and tendonitis of the wrist and arms and there was no dispute that she was ‘disabled’. The claimant’s workload increased which resulted in increased pain and she had to take sick leave. ...
This article is listed under the following topics:
Discrimination and Equality
Case Law

Trunk Flooring Limited v Construction Industry Training Board NI [2018]

Case reference:7287/17   The appellant has been trading for more than 20 years selling wooden products, mostly bespoke wooden overlay flooring. The company does not participate in the HMRC scheme for the construction industry. In 2015, the respondent identified the company as (potentially) falling within the scope of the ‘...
This article is listed under the following topics:
Pay and Conditions of Employment
Case Law

ASDA Stores Ltd v Raymond [2018]

Case reference:UKEAT.0268_17_1312.   The claimant worked as a lorry driver for the respondent company. He suffers from Type 2 diabetes and is disabled within the meaning of section 6 of the Equality Act 2010 (N.B. Disability in NI is governed by the Disability Discrimination Act 1995). He was summarily dismissed following reports that...
Case Law

Stefanko and others v Maritime Hotel Ltd and Doherty [2018]

Case reference:UKEAT/0024/18/OO   The claimants worked as waiting staff and had short periods of employment. All three were dismissed after objecting to “persistent shortfalls in their wages, late payment and a falsification of their wage slips”. They argued that none of them had been provided with a statement of their terms and co...
This article is listed under the following topics:
Unfair Dismissal Contracts of Employment
Case Law

Uber v Aslam & others [2018]

Case reference:EWCA.Civ.2748   The Court of Appeal has ruled by majority that Uber drivers are workers and not self-employed. The proceedings which gave rise to the appeals were brought by Uber drivers against companies in the Uber group claiming holiday pay under the Working Time Regulations 1998 and under-payments of “wages” b...