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Latest Case Law

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Case Law

Wood v Durham County Council [2018]

Case reference:UKEAT/0099/18/OO   The claimant worked as an Anti-Social Behaviour Officer at the respondent Council. He went to a chemist and left without paying for items he had placed in his bag. As a result of this incident he was ultimately dismissed from his job. He contended that he had post-traumatic stress disorder and asso...
This article is listed under the following topics:
Discrimination and Equality
Case Law

Celia Luisa Pereira Da Costa v Summer Garden Salads Limited [2018]

Case reference:7324/17IT   The claimant, a Portuguese national, has suffered from glaucoma and chronic uveitis in both her eyes since the age of 16. At 23 years of age she lost total vision in her left eye. The claimant worked for a small, family owned company as a janitor, initially working for 16 hours per week carrying o...
This article is listed under the following topics:
Unfair Dismissal Discrimination and Equality Policies and Procedures
Case Law

Hastings v Kings College Hospital NHS Foundation Trust [2017]

Case reference:Case.No:.2300394/2016..   The claimant worked as an IT analyst with the respondent NHS Trust. He was of Black and Afro-Caribbean origin. The case centred around an incident when the claimant was driving into a hospital car park. It was alleged that a van driver swore at the claimant “using the c-word,” and called him “f***i...
This article is listed under the following topics:
Unfair Dismissal Discrimination and Equality Policies and Procedures
Case Law

Ardron v Sussex Partnership NHS Foundation Trust [2018]

Case reference:EWHC.3157.(QB)   The Claimant was employed by the Trust as a consultant psychiatrist. She was subject to disciplinary proceedings following an incident whereby a prisoner committed suicide. The investigation report set out various allegations against her, in particular relating to failures in record-keeping and doc...
This article is listed under the following topics:
Disciplinary and Grievance Issues Policies and Procedures
Case Law

Kenneth Ball v First Essex Buses Limited [2018]

Case reference:Case.Number:.3201435/2017   The claimant worked as a bus driver for over 20 years. He was required to take a random drugs test which he failed after testing positive for cocaine. He had returned from a busy shift where he had handled a lot of cash. As a diabetic, he said the substance entered into his system through his finge...
Case Law

Alexander Agnew and others v Chief Constable of the PSNI; David Brian Anderson and others v Police Authority for Northern Ireland [2018]

Case reference:CASE.REFS:.112/16.ampersand.others.   The claimants included police constables and sergeants in the PSNI as well as civilian employees of the Police Authority. It was argued that overtime payments and other allowances were not included in the calculation of normal pay for the purposes of holiday pay entitlement. The tribunal made clear...
This article is listed under the following topics:
Working Time and Leave Pay and Conditions of Employment
Case Law

Addison Lee Ltd v Lange & Ors [2018]

Case reference:UKEAT.0037_18_1411.   The key issue in this case was whether the drivers undertook to do or perform any work or services for the respondent. The case highlights the willingness of courts and tribunals to look behind labels and contractual provisions to the reality of the working arrangements between the parties. The EAT...
Case Law

Kreuziger v Land Berlin and Max-Planck-Gesellschaft v Shimizu [2018]

Case reference:CJEU.C-619/16.and.C-684/16   The first appellant did not take any annual leave for the last 5 months of his employment and he requested an allowance in lieu of his accrued untaken annual leave. The request was refused. The second appellant was invited by his employer to take his remaining leave, but he took only two days and r...
This article is listed under the following topics:
Working Time and Leave Pay and Conditions of Employment
Case Law

Barnardo’s v Buckinghamshire and others [2018] UKSC 55

Case reference:UKSC.55   The Supreme Court has ruled that the employer in this case does not have the right to vary the inflation protection of employee pensions from the higher Retail Prices Index (RPI) to the lower value Consumer Prices Index (CPI). The Court accepted there is a recognised need for private pension scheme...
Case Law

Mr J Hargreaves v Governing Body of Manchester Grammar School [2018]

Case reference:Case.No..2404445/16   Mr Hargreaves was employed as an art and design teacher at Manchester Grammar School. He was dismissed for allegedly ‘grabbing and shoving’ a pupil in the corridor. It was also alleged he had pushed two forefingers against the pupil’s throat. Mr Andrew Smith, Deputy Head of the School who had overa...
This article is listed under the following topics:
Unfair Dismissal Disciplinary and Grievance Issues