News & Media

Search

Cases - 

Bartholomews Agri Food Limited v Michael Thornton

  The High Court held that a restrictive covenant contained in Mr Thornton’s contract was unenforceable. The Facts Bartholomews Agri Food Limited (“Bartholomews”) is an agricultural merchant supplying products and... Read More

Cases - 

Ford Motor Company Ltd. v Mr. K Elliot & Others

This Judgment of the Honourable Mrs Justice Slade DBE gives guidance on the application of section 108 of the Equality Act, 2010 concerning “Relationships which have ended”. The Claimants, who... Read More

Cases - 

Hartley and others v King Edward VI College

The Court of Appeal today handed down judgment in this case which considered the amount which an employer is entitled to withhold from the salary of sixth form college teachers... Read More

Cases - 

Edwards and Morgan v Encirc Limited

Can time spent by a trade union representative at meetings with his employer at his workplace amount to ‘working time’ for the purposes of the Working Time Regulations 1998? Yes,... Read More

Cases - 

Dr M Thomson v Imperial College Healthcare NHS Trust

The Claimant, Consultant Neonatologist, was dismissed for bullying colleagues.  She asserted that the Respondent failed to make a reasonable adjustment in dismissing her as her disability, dyslexia, made it more... Read More

Cases - 

Mr K Maxwell v Commissioner Of Police Of The Metropolis

Giles Powell and Jenifer Danvers successfully act for Kevin Maxwell a former Metropolitan Police, SO15, Ports Officer, in his claim for compensation for race discrimination, sexual orientation discrimination, harassment and... Read More

Cases - 

Land Registry v Houghton & Ors

HHJ Peter Clark examines the scope of section 15 Equality Act 2010 (discrimination arising from disability). The EAT addresses the issue of what degree of causal link is required between... Read More

Cases - 

Carroll v Mayors Office for Crime and Policing

Does the limitation period to appeal to the EAT run from the date the judgment was "sent" even if the ET failed to send it to a claimant's correct address?... Read More

Cases - 

Edie & Others c HCL Insurance BPO Ltd.

The EAT (Lewis J presiding) gave judgment on 5 February 2015 in this case, holding that: (i) Dismissal and re-engagement in order to harmonise disparate terms and conditions inherited from... Read More

Cases - 

Al-Mishlab v Milton Keynes Hospital NHS Foundation Trust

Al-Mishlab v  Milton Keynes Hospital NHS Foundation Trust The High Court (Elisabeth Laing J) handed down judgment in this case on 2 February 2015, holding: that in reviewing an NHS Trust’s... Read More

Cases - 

COURT OF APPEAL HANDS DOWN JUDGMENT IN WELSH DENTISTS CASE

COURT OF APPEAL HANDS DOWN JUDGMENT IN WELSH DENTISTS CASE The Court of Appeal has handed down a judgment that clarifies the working of the standard contract that applies to... Read More

Cases - 

John Yapp v Foreign and Commonwealth Office (FCO)

The Court of Appeal today handed down judgment in the case of John Yapp v Foreign and Commonwealth Office (FCO).  The FCO’s fundamental challenge to the Judge’s finding that Mr... Read More

Cases - 

Sefton Borough Council v Wainwright

A failure to offer a suitable alternative vacancy to an employee who has been made redundant while on maternity leave is not necessarily direct pregnancy/maternity discrimination. The ET should consider... Read More

Cases - 

BURDETT V AVIVA EMPLOYMENT SERVICES LTD

The Employment Appeal Tribunal (EAT) handed down judgment in this case on 14 November 2014.  Jane McNeill QC represented the successful Appellant. The Claimant in this case was dismissed for... Read More

Cases - 

Wood v Hertel

EAT judgment in Wood v Hertel: Holiday Pay, Part 2 The EAT (Langstaff J) has delivered its important judgment in Hertel, Amec v Wood and others, joined with the appeal... Read More

Cases - 

Dr F Brito-Babapulle v Ealing Hospital NHS Trust

Facts: Dr Brito-Bapapulle (“B”) was a consultant haematologist employed by Ealing NHS Trust (“The Trust”).  Her contract of employment entitled her to work in a private clinic for one day... Read More

Cases - 

Shuter v Ford Motor Company Ltd

In the first case of its kind Ijeoma Omambala of Old Square Chambers, acted for the Respondent and successfully resisted a sex discrimination challenge to an employer’s discretionary additional paternity... Read More

Cases - 

Serco Limited v Mr Dahou UKEAT/0027/14/JOJ

Serco employed Mr Dahou for approximately two years before he was dismissed for gross misconduct. Mr Dahou claimed that the real reason for his dismissal was his membership and/or participation... Read More

Cases - 

Bugden v Bromley

Section 145B of the Trade Union and Labour Relations (Consolidation) Act 1992, introduced following the decision of the European Court of Human Rights in Wilson v United Kingdom, prohibits an... Read More

Cases - 

Griffiths v. Secretary of State for Work and Pensions

Griffiths v. Secretary of State for Work and Pensions [2014] EqLR 545 EAT: is the duty to make reasonable adjustments engaged where an employer takes action against a disabled employee... Read More

Cases - 

Mihaj v Sodexho Ltd

Mihaj v Sodexho Ltd [2014] ICR D25 EAT: whether the dismissal of a trade union activist can be justified by the way in which trade union activities are carried out.... Read More

Cases - 

Equality and Human Rights Commission v Earle

Equality and Human Rights Commission v Earle UKEAT/0011/14 4 June 2014: an appeal concerning the construction of a contractual provision relating to salary progression.... Read More

Cases - 

Lock v British Gas – Commission and Annual Leave

What does “paid” mean for the purpose of “paid annual leave” in Article 7 of the Working Time Directive? The judgment of the Court of Justice in Case C-539/12, Lock... Read More

Cases - 

Kelly and another v. Hesley Group Ltd

Kelly and another v. Hesley Group Ltd [2013] IRLR 514 EAT: the scope of the duty to consult in relation to collective redundancies;... Read More

Cases - 

Michelle Fynes v. St George’s Hospital NHS Trust

Mark Sutton QC and Louise Chudleigh win case regarding classification under MHPS type procedures as between conduct and health:   A decision was handed down by the High Court today... Read More

Cases - 

Lu v. Nottingham University Hospitals NHS Trust

Facts The Claimant, Mr John Lu, is a consultant cardiac surgeon employed by Nottingham University Hospital NHS Trust (“the Trust”). In July 2009, a cluster of cases of an infection... Read More

Cases - 

Denteh & Others v. South London & Maudsley NHS Foundation Trust

An employment tribunal had correctly concluded that it did not have jurisdiction to hear race discrimination claims which had previously been dismissed on the respondent's oral application following the claimants'... Read More

Cases - 

Besagni and ors v NSL (1) RR Donnelly (2)

Acting for claimants in cases of automatic unfair dismissal under TUPE regulations, whether change of location amounts to an ETO defence. Currently on appeal to the EAT. Keep an eye... Read More

Cases - 

Bleasdale v. Healthcare Locums PLC and others

(2012 - current) ET and EAT. Acting for PLC and 3 of 4 named respondents in claims brought by former CEO for unfair and automatic unfair dismissal, sex discrimination, victimisation... Read More

Cases - 

Oyesanya v. South London Healthcare NHS Trust

The EAT found that an employment judge who refused an application for review with the words “your application has been refused as there is no reasonable prospect of success” had... Read More

Cases - 

North Cumbria Acute Hospitals NHS Trust v. Potter

The Equal Pay Act 1970 s.1(6) did not require the terms and conditions in the respective employment contracts of a claimant and his chosen comparator to emanate from a "single... Read More

Cases - 

British Airways v. Starmer

An employer's decision not to allow a female employee to work 50 per cent of her full-time hours, but which permitted her to work 75 per cent of her full-time... Read More

Cases - 

Robertson v. DEFRA

For equal pay proceedings to come within the EC Treaty (Nice) Art.141 the pay differences between workers of different sex performing equal work had to be "attributed to a single... Read More

Cases - 

Dr Chhabra v. West London Mental Health NHS Trust (Supreme Court)

Can the Court intervene to restrain an employer from requiring an employee to face a charge of potential gross misconduct at a disciplinary hearing if the conduct complained of is... Read More

Cases - 

Moran & Others v. Ideal Cleaning Services Ltd

When determining under the Agency Workers Regulations 2010 and Directive 2008/104 whether a worker had been supplied to work temporarily for a hirer, the concept of "temporary" meant "not permanent"... Read More

Cases - 

Lock v. British Gas

The Advocate General has delivered his opinion in Case C-539/12, Lock v. British Gas. The case is about the level of pay in respect of annual leave required under Article... Read More

Cases - 

Croesus Financial Services Ltd v. Bradshaw

In a rare example of a restrictive covenant case reaching trial, on 25th November 2013, in the Queen's Bench Division, the Honourable Mrs Justice Simler DBE, found in favour of... Read More

Cases - 

Environment Agency v. Donnelly

An employment tribunal had not erred in finding that a disabled employee who was working flexitime should not have to come to work earlier to obtain a car parking space... Read More

Cases - 

Abercrombie & Ors v. AGA Rangemaster Ltd

A judge had erred in finding that a variation of contract, intended to be temporary, to reduce employees' hours of work meant that they were not entitled to a guarantee... Read More

Cases - 

Cleeve Link Ltd v. Ms E Bryla

This case concerns contractual penalty clauses in an employment context. If the sum concerned is a penalty an employment tribunal can properly find that it is an unlawful deduction from... Read More

Cases - 

Langton v. Secretary of State for Health

An employment tribunal could make an interim order for continuation of a contract of employment against the Secretary of State for Health where he had been substituted as the respondent... Read More

Cases - 

Leeds Dental Team Ltd v. Rose

The subjective intention of an employer in a constructive dismissal case was not determinative of whether it had breached the implied term of trust and confidence. The principle set out... Read More

Cases - 

Gwara v. Mid Essex Primary Care Trust

It was appropriate to set a costs order aside where an employment tribunal had failed to give the claimant a fair and reasonable opportunity to give reasons as to why... Read More

Cases - 

North and others v. Dumfries and Galloway Council

PRESS SUMMARY North and others (Appellants) v Dumfries and Galloway Council (Respondent) (Scotland) [2013] UKSC 45   On appeal from [2011] CSIH 2   JUSTICES: Lord Hope (Deputy President), Lady... Read More

Cases - 

Croydon Health Services NHS Trust v. G Brown

An employment tribunal's finding of unfair dismissal was not perverse but it had erred in failing to make a finding on the employer's argument that the employee had contributed to... Read More

Cases - 

Ward v. Secretary of State for Work & Pensions

An employment tribunal had not erred in dismissing the disability discrimination claim of an employee who had been dismissed because of his unsatisfactory attendance record. The appellant (W) appealed against... Read More

Cases - 

Engel v. PATROL

The EAT has handed down judgment in an interesting case concerning judicial immunity from suit. A Parking Adjudicator authorised to hear appeals against decisions of local enforcement authorities to uphold... Read More

Cases - 

Berg v. Blackburn Rovers FC

Ostensible authority of a Managing Director   Can a football manager who agrees the terms of a contract of employment with the Managing Director of the Club he is joining... Read More

Cases - 

Garry Hay & Others v. (1) Gilgrove Ltd (2) C&C Fruit & Veg Ltd

A collective agreement that prescribed the distribution of "porterage" payments between registered porters at a fruit and vegetable market could not sensibly be interpreted to mean that, in later circumstances... Read More

Cases - 

I Lab Facilities Ltd v. Metcalfe and ors

The EAT has held that a claim for a failure to inform and consult cannot be brought in respect of a transfer that does not proceed. Where an insolvent company... Read More

Cases - 

Campbell v. Public and Commercial Services Union

Lorna Campbell was employed by PCS as an equality offi cer, mainly dealing with race equality issues. She is of black Afro-Caribbean heritage and was secretary of the union's National Black Members Committee (NBMC).... Read More

Cases - 

Verma v. Barts & The London NHS Trust

Under the NHS Terms and Conditions of Service, a doctor moving from a part-time post to a lower-paid full-time training post was entitled to pay protection in respect of the... Read More

Cases - 

George v. Ministry of Justice (Court of Appeal)

When will a collective agreement be incorporated into a contract of employment? When is such a term apt for incorporation into a contract? Are the preceding negotiations relevant?   George... Read More

Cases - 

Vaughan v. London Borough of Lewisham and 7 Others

A claimant employee's application for an interim injunction restraining the defendants from harassing or publicly defaming her in their conduct and defence of employment tribunal proceedings brought against them was... Read More

Cases - 

Working Links (Employment) v. PCS Union

An employment tribunal had erred in law in concluding that an employer had recognised a trade union for collective bargaining purposes within the meaning of the Trade Union and Labour... Read More

Cases - 

HM Land Registry v. Benson & Ors

An employer had been entitled to apply a "cheapness criterion" when deciding which employees should be able to take advantage of an early retirement scheme, as reducing headcount was a... Read More

Cases - 

Readman v. Devon Primary Care Trust (Court of Appeal)

The Employment Appeal Tribunal correctly held that the employment tribunal had incorrectly applied the test to determine whether or not an employee's refusal of alternative employment was unreasonable. However, the... Read More

Cases - 

M Tiffin v. Lester Aldridge LLP (Court of Appeal)

There was nothing perverse in the decision of an employment tribunal that a former solicitor, who was a fixed-equity partner in a limited liability partnership, was a partner and not... Read More

Cases - 

A A Vaughan v. London Borough of Lewisham and Others

Without sight of transcripts of a claimant's covert recordings of colleagues and managers, an employment judge had no alternative but to decide that the evidence was inadmissible before a tribunal... Read More

Cases - 

West London Mental Health Trust v. Dr Chhabra

Counsel for Dr Chhabra: Mark Sutton QC leading Betsan Criddle Counsel for the Trust: Jane McNeill QC leading Louise Chudleigh   On 25 January 2013 the Court of Appeal handed... Read More

Cases - 

Allen and others v. TRW Systems Ltd

The Claimants had been employed by the Respondent at a factory producing engine valves. A redundancy policy was approved by the plant's Advisory Council in 1999. The employees received a... Read More

Cases - 

X v. Mid Sussex

The activities of a volunteer advice-worker did not constitute an "occupation" for the purposes of Directive 2000/78 art.3(1)(a). Such a volunteer thus fell outside the scope of the disability discrimination... Read More

Cases - 

Warby v. Wunda Group Plc (Court of Appeal)

The Claimant, a sales consultant at Wunda Group plc, was in dispute with her manager Mr Pugh as to her pay entitlement. At a meeting to discuss the issue, both... Read More

Cases - 

Unison v. Kelly (Court of Appeal)

This is an appeal from Unison v Kelly [2012] IRLR 442, heard in the EAT.   The ET had found that the respondent members had been unjustifiably disciplined contrary to... Read More

Cases - 

Peat v. Birmingham City Council (Court of Appeal)

Peat v. Birmingham City Council is an important case on costs with potential wide implications for when a costs award will be made in the employment Tribunal Following the implementation... Read More

Cases - 

Audit Commission v. Haq (Court of Appeal)

On 6 December 2012, the Court of Appeal handed down Judgment in Haq v Audit Commission.   Jane McNeill QC and Helen Gower represented the Claimants, instructed by Emma Hawksworth... Read More

Cases - 

UNITE the Union v. United Kingdom

Counsel for UNITE the Union: John Hendy QC leading Michael Ford     An application to the European Court of Human Rights has been made on the basis that UK... Read More

Cases - 

Quashie v. Stringfellow Restaurants Ltd

The nature of the contractual obligations between a nightclub and a lap dancer, who worked for the club on a rota basis, were not such as to render it a... Read More

Cases - 

Williams v. (1) Department for Transport (2) DVLA

Introduction   Williams v. (1) Department for Transport (2) DVLA is an equal pay test case brought by hundreds of staff employed in the DVLA. The female employees in the... Read More

Cases - 

British Airways plc v. Mak and others

In what circumstances does an employee work 'at an establishment in Great Britain' for the purposes of the Race Relations Act 1976 and the Age Regulations 2006? The UK Supreme... Read More

Cases - 

Prison Officers Association and others v. United Kingdom

John Hendy QC & Sandy Fredman QC for the Applicants. Section 127 of the Criminal Justice and Public Order Act 1994 makes it an offence to induce prison officers to... Read More

Cases - 

Qantas Cabin Crew (UK) Ltd v. (1) A Lopez (2) A Hooper

In a dispute concerning the correct interpretation of contracts of employment, the Employment Appeal Tribunal found that the contracts were to be construed as providing that food and housing allowances... Read More

Cases - 

Birmingham City Council v. Abdulla & Others

The High Court would not be required, under the Equal Pay Act 1970 s.2(3), to strike out a claim in respect of the operation of an equality clause if the... Read More

Cases - 

British Airways plc v. Williams & Others (Supreme Court)

How much must a worker be paid while on holiday? The Supreme Court today clarified that issue in the long-running litigation in British Airways v Williams, ruling that pilots were... Read More
About cookies on our website

To find out more about what cookies are, which cookies we use on this website and how to delete and block cookies, please see our Which cookies we use page.

Click on the button below to accept the use of cookies on this website (this will prevent the dialogue box from appearing on future visits)