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Case Law

Acas v Public and Commercial Services (PCS) 2017

Case reference:UKEAT/0160/17/RN   The Public Commercial Services (PCS) made a complaint to the Central Arbitration Committee (CAC) that Acas, as an employer, had failed to consult with its employees pursuant to a collective agreement. Acas contended the CAC lacked jurisdiction to hear the complaint stating it was not an “undertak...
This article is listed under the following topics:
Tribunal Practice Procedures and Jurisdictional Issues
Case Law

Brooks v Nottingham University Hospitals NHS Trust [2019]

Decision number:UKEAT/0246/18/JOJ   Legal body:ukeat The claimant is a consultant plastic surgeon employed by the respondent trust. Between April 2011 and October 2014, he raised concerns regarding staffing levels and the consequences it could have for the health and safety of patients. At the Tribunal, the claimant claimed to have made 18 protected...
This article is listed under the following topics:
Whistleblowing (Protected Disclosures)
Case Law

Gilham v Ministry of Justice [2019]

Decision number:[2019].UKSC.44   Legal body:ukscukhl The issue in this appeal to the UK Supreme Court was whether a District Judge qualifies as a ‘worker’ or a ‘person in Crown employment’ for the purpose of the protection given to whistle-blowers under Part IVA of the Employment Rights Act 1996 (equivalent of Part VA of the NI 1996 Order). If not, i...
Case Law

James Robert Peifer v Sullivan Upper School

Decision number:[2019].NICA.   Legal body:nica This case involved the application of a shortlisting criterion requiring experience, which was applied to all candidates, but with which fewer men than women could comply, and which led to the allegation of indirect discrimination. In 2005 Mr Peifer, who was a qualified Teacher, applied for a posit...
This article is listed under the following topics:
Discrimination and Equality
Case Law

Taylor Davies v Creative Hospitality Payroll Ltd [2019]

Decision number:1601699/2018   Legal body:et The claimant was employed in the respondent’s nightclubs initially as a bartender before being promoted to an assistant manager. The issue arose from the use of social media whereby there was a ‘Facebook Messenger’ chat with the employees and ex-employees of one of the nightclubs run by the respon...
This article is listed under the following topics:
Unfair Dismissal
Case Law

Idu v East Suffolk & North Essex NHS Foundation Trust [2019]

Decision number:EWCA.Civ.1649   Legal body:ewca This appeal arose out of a situation where the claimant had been summarily dismissed from their job as an emergency surgeon for gross misconduct. The impugned conduct was related to the claimant’s alleged rudeness and failure to follow reasonable instructions. There were no allegations relating t...
This article is listed under the following topics:
Disciplinary and Grievance Issues Policies and Procedures
Case Law

Gordon Downey v Garrath McCreery & Chief Constable of PSNI [2018]

Decision number:4182/18IT   Legal body:niit Worthingtons Solicitors represented the claimant, Mr Gordon Downey, against the Police Constable of the Police Service of Northern Ireland (PSNI) in relation to the successful pursuit of a sex discrimination complaint, the decision of which was handed down by the Industrial Tribunal on Friday 4th O...
This article is listed under the following topics:
Discrimination and Equality Policies and Procedures
Case Law

Dronsfield v University of Reading [2019]

Decision number:UKEAT/0255/18   Legal body:ukeat The claimant was an academic employed by the respondent. The claimant was dismissed by the University following a relationship he had had with a student, as well as how he had behaved at a ‘Degree Show after-party’. There were guidelines on the relationships that academic staff could have with s...
This article is listed under the following topics:
Unfair Dismissal
Case Law

Ford v Royal Mail Group Ltd [2019]

Decision number:1801927/2019   Legal body:et The claimant brought a claim based upon disability discrimination due to a lack of reasonable adjustments being made in her job within the Postal Service, as well as harassment. The issue in this preliminary hearing was whether the claimant’s condition met the definition given to a disability. S...
This article is listed under the following topics:
Discrimination and Equality
Case Law

Pastörs v. Germany [2019]

Case reference:ECtHR.application.no..55225/14   The European Court of Human Rights has unanimously ruled that Holocaust denial is not a protected right under the Convention. The applicant’s complaint under Article 10 (freedom of expression) was manifestly ill-founded and had to be rejected, according to the Court. They also found by four votes ...
This article is listed under the following topics:
Discrimination and Equality Human Rights