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Our case reviews cover a wide range of employment cases from relevant employment courts and the implications of these decisions for employers.

Latest Case Law

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Case Law

Jackson v The University Hospitals of North Midlands NHS Trust [2023]

Decision number:EAT.102   Legal body: Employment Appeal Tribunal (UKEAT) Background: The claimant began work for the respondent in 2010 as an acute care research nurse. In 2013 she moved to a specialist role as a senior haematology research nurse. In 2018 there was a review of the research and development directorate for the purpose of cost savings. This meant that t...
This article is listed under the following topics:
Dismissal Redundancy
Case Law

Dempsey & Rafferty v Department Stores Realisations Limited (in Administration) formerly Debenhams Retail Ltd (in Administration) [2023]

Decision number:NIIT.1725/21   Legal body: Northern Ireland Industrial Tribunal (NIIT) Background: The respondent operated as a chain of Department Stores throughout Northern Ireland, Great Britain and the Republic of Ireland. Administrators were appointed in April 2020 and with effect from 14th August 2020 staff were made redundant, including the claimants. The claimants are maki...
This article is listed under the following topics:
Redundancy
Case Law

Ramos v Lady Coco Limited t/a Shamela’s Fresh Hot and Cold Food [2023]

Decision number:EAT.99   Legal body: Employment Appeals Tribunal (EAT) Background: An advertisement had been placed on Gumtree on behalf of the respondent, which ran a Chinese Restaurant. It stated: ‘A takeaway female staff who can speak English fluently is need to join us at Shamila’s Café near the Beautiful area of Ruchill Park.’ [Sic] The claimant did not make an ...
Case Law

Molloy v D&W Carlisle Ltd [2023]

Decision number:25132/21   Legal body: Northern Ireland Industrial Tribunal (NIIT) Background: The claimant was employed by the respondent from 1999 until his dismissal for gross misconduct in December 2020. He had been promoted during his employment from General Assistant to General Manager in the respondent’s store. In his role as General Manager he supervised some 80 staff....
This article is listed under the following topics:
Dismissal Coronavirus/Covid-19
Case Law

Melarkey v Blu Dot Technologies Limited [2023]

Decision number:43274/22   Legal body: Northern Ireland Industrial Tribunal (NIIT) Background: The claimant was employed as the respondent’s Chief Revenue Officer from January 2021 until his employment was terminated in May 2022. The claimant had a salary of £75,000 plus commission depending upon licences. The respondent’s business in this respect related to the use of speciali...
This article is listed under the following topics:
Dismissal Pay
Case Law

Higgs v Farmor’s School [2023]

Decision number:EAT.89   Legal body: Employment Appeals Tribunal (EAT) Background: The claimant worked as a pastoral administration/work experience manager in the respondent school. The claimant made posts on Facebook relating to relationships education and complaints were made. Following an investigation and disciplinary process the claimant was dismissed. The ...
This article is listed under the following topics:
Discrimination and Equality Diversity & Inclusion
Case Law

Fahmy v Arts Council England [2023]

Decision number:2023/WL/04315316   Legal body: Employment Tribunal (ET) Background: The claimant was employed by the respondent as a Relationship Manager. She has been in this position since March 2008. The issue arising relates to the claimant’s ‘gender critical beliefs’ which were described by the claimant as: I believe that sex is real, important, immutable, not ...
This article is listed under the following topics:
Policies and Procedures Diversity & Inclusion
Case Law

Little v Chief Constable of the PSNI [2023]

Decision number:24524/19   Legal body: Northern Ireland Industrial Tribunal (NIIT) Background: The Claimant is a serving police officer with the PSNI. Since 2017, he has been classified as disabled by the Respondent following intestinal surgery. The symptoms may lead to a lack of concentration or an unpredictable need for the lavatory. Occupational Health outlined adjustments suc...
This article is listed under the following topics:
Discrimination and Equality
Case Law

Shiels v Southern Health and Social Care Trust [2023]

Decision number:59765/22   Legal body: Northern Ireland Industrial Tribunal (NIIT) Background: The Claimant had been employed as a healthcare assistant by the Respondent for approximately 5 years. The issues in this case were regarding events on 28th May 2022. The Claimant, who had been at an event in Stormont, liked and shared a video on Facebook. The Claimant’s Facebook account...
This article is listed under the following topics:
Dismissal Discipline and Grievance
Case Law

BM v Ministero dell’Istruzione dell’Universita e della Ricerca – MIUR [2023

Decision number:EU:C.2023:489   Legal body: Court of Justice EU (CJEU/ECJ) Background: The issue arising related to Italian legislation which provided that only candidates who gained their professional experience (in higher education) at national (Italian) public institutions would be admitted to a procedure relating to the recruitment at those institutions. The claiman...