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Latest Case Law

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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
Case Law

Lloyds Banking Group Pensions Trustees Ltd v Lloyds Bank Plc & Ors [2018]

Case reference:EWHC.2839.(Ch)   This case concerns inequality between men and women regarding pension benefits and is likely to have a significant impact on both public and private sector schemes across the UK. The Department of Work and Pensions and the Treasury were interested parties in the case owing to its serious implicati...
This article is listed under the following topics:
Discrimination and Equality Pensions Pay and Conditions of Employment
Case Law

Emma Nugent v Capita Business Services Limited [2018]

Case reference:NIIT.06512_17IT   The claimant was employed by the respondent as a Disability Assessor and her statement of terms and conditions noted that she “may be required to work additional hours from time to time”. After finding the workload unbearable, the claimant handed in her notice and saw out her notice period. She sub...
Case Law

WM Morrison Supermarkets PLS v Various Claimants [2018]

Case reference:EWCA.Civ.2339   As if GDPR, data protection responsibilities and potential fines weren’t frightening enough, this case confirms another layer of danger for employers – liability for harm caused by the criminal activities of employees in relation to data breaches. A senior IT internal auditor at a supermarket had b...
This article is listed under the following topics:
Data Protection and Freedom of Information Act
Case Law

Mr A Hawkes v Ausin Group UK Ltd [2018]

Case reference:UKEAT/0070/18/BA   The claimant, Mr Hawkes, was employed by the respondent company as a business development manager. He was also a Royal Marines reservist which required him to perform 28 days’ training each year. Upon acceptance of his offer of employment he had negotiated an additional week’s unpaid leave as part ...
This article is listed under the following topics:
Unfair Dismissal Sickness and Absence Contracts of Employment
Case Law

Bellman v Northampton Recruitment Ltd [2018]

Case reference:EWCA.Civ.2214   The claimant was employed as a sales manager. In December 2011, the respondent held a Christmas party which the court noted is an event often “dreaded by some and an annual highlight for others”. Alcohol was unsurprisingly a feature of the party at a golf club and the festivities continued to a nea...
This article is listed under the following topics:
Disciplinary and Grievance Issues Health and Safety
Case Law

Sheikholeslami v The University of Edinburgh [2018]

Case reference:UKEAT.0014_17_0510   The appellant worked as a Professor of Engineering at the University of Edinburgh. She was diagnosed with work-related stress and depression and was absent from work. During this period, the appellant wrote to the university’s Principal complaining of being “completely disabled in… employment due t...