Case Law

Haycocks v ADP RPO UK Ltd [2023]

Decision number:EAT.129 Legal body: Employment Appeal Tribunal (UKEAT) Background: The respondent was a subsidiary of a recruitment company based in the USA. The claimant was part of a small team recruiting for a single client. During the pandemic, the recruitment needs reduced and the respondent decided to reduce its workforce. The parent company provided a p...

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Dismissal Redundancy

Case Law

Bucknor v Bidvest Noonan (UK) Ltd [2023]

Decision number:2201364/2023 Legal body: Employment Tribunal (ET) Background: The claimant was employed as a security guard from 2016. The contract of employment expressly had a flexibility clause citing the needs of the business. The claimant has a young daughter and this is relevant to these proceedings considering there was a difficulty custody battle an...

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Dismissal Discrimination

Case Law

Brown v TMC Gas Services Ltd [2023]

Decision number:NIIT.66253/22 Legal body: Northern Ireland Industrial Tribunal (NIIT) Background: The claimant brought a claim for unfair dismissal on the grounds of redundancy. The Tribunal noted that it had not received a response from the respondent within the relevant time limit and the case was determined without a hearing. Outcome: The Tribunal, without any input from the ...

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Dismissal Redundancy

Case Law

Hurst v Ann Gilmore t/a Kingsway Butchers [2023]

Decision number:NIIT.71794/22 Legal body: Northern Ireland Industrial Tribunal (NIIT) Background: The claimant commenced employment in September 2016 with the respondent as a Butcher. The employment came to an end in August 2021. The claimant did not receive a written statement of terms and conditions. The respondent said this was because they were unaware of the requirement. The...

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Redundancy Pay

Case Law

Rainey v Mid & East Antrim Borough Council [2023]

Decision number:NIIT.27807/21 Legal body: Northern Ireland Industrial Tribunal (NIIT) Background: The claimant was employed as a Statutory Finance Manager from 1st July 2020 until his dismissal on 11th January 2021. The claimant’s employment was subject to a probationary period of six months. All work at this time was being conducted remotely. The claimant’s line manager did not f...

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Dismissal Whistleblowing (Protected Disclosures)

Case Law

Meenan v DTP Printing Limited [2023]

Decision number:NIIT.21076/22 Legal body: Northern Ireland Industrial Tribunal (NIIT) Background: The claimant was employed from March 2017 until he was dismissed on 25th June 2021. The claimant did not lodge the ET1 until 10th May 2022. It was initially in relation to unlawful deductions and unfair dismissal but by the time of his hearing the deductions matter had been resolved b...

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Dismissal Tribunal Practice Procedures and Jurisdictional Issues

Case Law

Shanks v Lothian Health Board [2023] EAT 148

Decision number:EAT.148 Legal body: Employment Appeal Tribunal (UKEAT) Background: The claimant was employed by the respondent as a catering assistant. During the pandemic, the respondent required employees to wear face masks in compliance with the Scottish Government Regulations under the Coronavirus Act 2020. The claimant disagreed with this and asked the respond...

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Dismissal Coronavirus/Covid-19

Case Law

Ajaz v Homerton University Hospital NHS Foundation Trust [2023] EAT 142

Decision number:EAT.142 Legal body: Employment Appeal Tribunal (UKEAT) Background: The claimant brought claims against the respondent in 2017 on the basis that she had been subject to detriment as a result of protected disclosures that had been made. The case in 2017 was settled under an ACAS COT3 agreement. Within that agreement it stated that the claimant would n...

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Whistleblowing (Protected Disclosures) Tribunal Practice Procedures and Jurisdictional Issues

Case Law

McAleese v Daly & Quality Care Services Ltd [2023]

Decision number:NIIT.6023/22 Legal body: Northern Ireland Industrial Tribunal (NIIT) Background: The claimant commenced her employment as a care worker in July 2021 and it ended in November 2021. The claimant did not drive so she was always with another carer on what were referred to as ‘double runs’. These shifts involved two members of staff as they included lifting clients....

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Discrimination Whistleblowing (Protected Disclosures)

Case Law

Whyley v Gypsumtools Ltd [2023]

Decision number:Case.No:.2601632/2021 Legal body: Employment Tribunal (ET) Background: The claimant commenced employment as a Stores Assistant/Taping Tool Repair Technician in April 2018 and was dismissed on 31st March 2021. The respondent argued that they had a fair reason, namely some other substantial reason, due to the adverse impact on the business as a result o...

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Dismissal

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