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Please note: that as of 2012 we are now unable to get tribunal funding of our expenses for representing workers. We very much regret that this means that if you wish WorkRep to represent you outside of Manchester you will need to reimburse your caseworker's expenses yourself. You might wish to keep this cut, one amongst the thousands of mean spirited acts against workers in mind the next time the Liberal or Conservative parties ask for your vote.
17/04/2013 - Government drives through employee shareholders legislation, a measure which will enable employers to take away a worker's employment rights on the day work begins. Read more here
To help you bring your case by keeping abreast of the frequent changes in employment law case summaries are grouped according to subject area. A link to the judgment is found at the end of the summary.
Abroad      ACAS      Agency      Appeals      Closed Procedure      Compensation      Constructive Dismissal      Continuity of Employment      Contract      Costs      Defamation      Directorship      Discrimination      Discipline      Disclosure & Additional Information      Dispute_Resolution      Duties      Employer Liability      Employment Status      Equal Pay      Finance      Harassment      H&S      Hearing      Holiday      Human Rights      Illegality      Illegal Deductions      Immigration      Injunctions      Mitigation of Loss      Minimum Wage      Misconduct      Negotiation      Overtime      Partnership      Part-Time      Pay      Pay in Lieu of Notice      Pensions      Post Termination      Procedure      Redundancy      Restricted Reporting Orders      Sanctions      Sickness      Settlement      Strikeout      Time Limits      Tupe      Unfair Dismissal      Union      Vicarious Liability      Victimisation      Whistleblowing      Wrongful Dismissal      WTR     

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Some Recent News:-


Now an EAT ruling that an employment tribunal may hear a complaint of victimisation even after the employment relationship has ended, situation unclear
Onu v Akwiku UKEAT_0283_12-RN / UKEAT 0022-12_RN
06/05/2013
Continuity of employment begins from the date when an employee starts paid activities for an employer usually the date that work under the contract of employment begins
Koenig v The Mind Gym Ltd (Unfair Dismissal : Exclusions including worker/jurisdiction) [2013] UKEAT 0201_12_0803
03/05/2013
In an unfair dismissal claim, notwithstanding procedural unfairness, the awards can be reduced to nothing for bad conduct
Ladrick Lemonious v Chusch Commissioners (Unfair Dismissal : Compensation) [2013] UKEAT 0253_12_2703
02/05/2013
An employee working abroad but with a connection to Great Britain which stronger than to the place where he works he may claim similarly for WTR (WORKING TIME REGULATIONS )and Unfair Dismissal
Dhunna v Creditsights Ltd (Jurisdictional Points : Working outside the jurisdiction) [2013] UKEAT 0246_12_0304
25/04/2013
Vague complaints of 'discrimination' are not enough to claim discriminatory victimisation
Durrani v London Borough of Ealing (Race Discrimination : Direct) [2013] UKEAT 0454_2012_1004
18/04/2013
Assessing redundancy entirely on the basis of competency tests is not necessarily fair
Mental Health Care (UK) Ltd v Biluan & Anor (Unfair Dismissal : Reasonableness of dismissal) [2012] UKEAT 0248_12_2802
11/04/2013
For a union to be recognised for collective bargaining purposes it is not enough to have had discussions with an employer
Working Links (Employment) Ltd v Public And Commercial Services Union (Redundancy : Collective consultation and information) [2012] UKEAT 0305_12_1203
09/04/2013
Court of Appeal decides that where an appeal is made from the EAT to the Court of Appeal costs do not follow
The Manchester College v Hazel & Anor [2013] EWCA Civ 281
08/04/2013
A wrongfully repudiated employment contract takes effect when the the wronged party accepts
Geys v Societe Generale London Branch [2012] UKSC 63 (On appeal from: [2011] EWCA Civ 307)
11/01/2013

Awards, Wages, Benefits


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Miscellaneous



In ET discrimination cases Injury to feelings awards are not to be interfered with unless "manifestly excessive" or "wrong in principle"
HM Land Registry v McGlue (Sex Discrimination) [2013] UKEAT 0435_11_0602
04/04/2013
The EAT upholds the traditional test for interim relief as whether the Claimant was "likely" to succeed
London City Airport Ltd v Chacko (Trade Union Rights : Interim relief) [2013] UKEAT 0013_13_2203
26/03/2013
For the purposes of the Equal Pay Act a limited liability partnership is a company
Fox Cross & Ors V Glasgow City Council & Others (Equal Pay Act) [2013] UKEAT 0027_12_2501
20/03/2013
Judicial Proceedings Immunity applied to the Respondent's witness statement in discrimination proceedings, thus not justifying resignation and a subsequent constructive dismissal claim
Singh v Reading Borough Council (Unfair Dismissal : Constructive dismissal) [2012] UKEAT 0540_12_1202
15/02/2013
The speaker's purpose when saying ('What's happened to the fucking Pope?') was relevant in deciding harassment on grounds of religion
Heafield v Times Newspaper Ltd (Religion or Belief Discrimination) [2013] UKEAT 1305_12_1701
12/02/2013
The EAT in Simpson v Hackney & Others that an employee did not have a contractual right to job evaluation based on a collective agreement
Simpson v London Borough Of Hackney & Ors (Contract of Employment : Damages for breach of contract) [2012] UKEAT 0104_12_2910
15/01/2013
The European Court of Human Rights has ruled that the UK does not provide adequate protection from dismissal on the grounds of political views
REDFEARN v. THE UNITED KINGDOM - 47335/06 - HEJUD [2012] ECHR 1878
12/11/2012
Equal pay claimants may file in the Civil Courts even though the employment tribunal time limit has lapsed
Birmingham City Council v Abdulla & Ors [2012] UKSC 47
29/10/2012
The ET's dismissing a case of unfair dismissal and breach of contract for illegality without allowing submissions was a breach of natural justice
Sheibani v Elan & Co LLP (Practice and Procedure : Bias, misconduct and procedural irregularity) [2012] UKEAT 0133_12_1307
26/10/2012
The Collective Redundancies Directive 98/59/EC does not apply to establishments governed by public law USA v Nolan Case CJEU C-583/10
USA v Nolan Case CJEU C-583/10
19/10/2012
To suggest that a school was not a distinct entity for redundancy purposes was 'unfathomable'
Renfrewshire Council v The Educational Institute Of Scotland (Transfer of Undertakings : Consultation and other information) [2012] UKEAT 0018_12_0410
19/10/2012
Equal Pay claims of dissolved NHS trusts were required to be presented within six months of date of dissolution
Foley v NHS Greater Glasgow & Clyde & Orss (Equal Pay Act : Damages or Compensation) [2012] UKEAT 0007_12_1508
18/10/2012
There is no service provision change under TUPE when solicitors acting for administrators take over activities previously carried out in-house by a company in administration
SNR Denton UK LLP v Kirwan UKEAT/0158/12/ZT
16/10/2012
Personal injury and injury to feelings awards in discrimination claims to increase by 10%
Simmons v Castle [2012] EWCA Civ 1288
11/10/2012
Employees hired in the UK and unable to bargain collectively in any other state in the EU can bargain collectively in the UK so as to give effect to their Article 11 rights
Netjets Management Ltd v Central Arbitration Committee & Anor [2012] EWHC 2685
10/10/2012
Domestic workers and au pairs treated as one of the family can expect to work harder than their hosts without the National Minimum Wage becoming payable (within reason)
Nambalat v Taher & Ors [2012] EWCA Civ 1249
09/10/2012
Tribunals must hear all the evidence about allegations of discrimination (here race and sex discrimination) before making a decision to strike out a case
Timbo v Greenwich Council For Racial Equality (Sex Discrimination) [2012] UKEAT 0160_12_0210
08/10/2012
A tribunal may refuse to allow the late calling of further witnesses in the absence of a proper explanationment is preserved even after a temporary cessation of work followed by different work for an associated employer
North Bristol NHS Trust v Harrold (Practice and Procedure) [2012] UKEAT 0548_05_1909
02/10/2012
Continuity of employment is preserved even after a temporary cessation of work followed by different work for an associated employer
Holt v EB Security Ltd UKEAT/0558/11/CEA
01/10/2012
Where a tribunal has already expressed an opinion as to the reasonableness of bringing a case it may not hear a costs application
Oni v NHS Leicester City (formerly Leicester City Primary Care Trust) (Practice and Procedure : Costs) [2012] UKEAT 0144_12_1209
24/9/2012
Privilege was not waived even after answering an ET panel question
Gallop v Newport City Council (Practice and Procedure : Admissibility of evidence) [2012] UKEAT 0586_10_1907
21/9/2012
A claim for loss of a death in service benefit may be brought despite the employee dying shortly after being unfairly dismissed
Fox v British Airways Plc (Unfair Dismissal) [2012] UKEAT 0033_12_3007
10/9/2012
A Claimant must co-operate with an employment tribunal's order to obtain medical evidence or risk a strike out
GCHQ v Bacchus (Procedure and Disability Discrimination) UKEAT/0373/12/LA
08/9/2012
TUPE dismissal cancelled in favour of reingagement on old terms
The Manchester College v Hazel & Anor (Unfair Dismissal) [2012] UKEAT 0642_11_0907
08/9/2012
An employment tribunal may not refer a wasted costs order to the County Court for assessment
Casqueiro v Barclays Bank Plc (Practice and Procedure : Wasted Costs) [2012] UKEAT 0085_12_1406
06/9/2012
A tribunal must allow parties to notify of hearing dates to avoid
University Of East Anglia v Amaikwu [2012] UKEAT 0361_12_2507
05/9/2012
Cabbie working 7 days but with no minimum hours was not an employee,had no contract of employment nor right to bring a claim for wrongful dismissal
Knight v Fairway & Kenwood Car Service (Jurisdictional Points : Worker, employee or neither) [2012] UKEAT 0075_12_1007
05/9/2012
Even where the principal resignation reason does not involve a fundamental breach of contract the claim may still succeed
Logan v Celyn House Ltd (Unfair Dismissal : Constructive dismissal) [2012] UKEAT 0069_12_1907
04/9/2012
Failing to comply with Acas Code in PIDA protected disclosure whistleblowing case results in uplift
Local Government Yorkshire And Humber v Shah (Victimisation Discrimination : Whistleblowing) [2012] UKEAT 0587_11_1906
03/9/2012
Claimant in race and disability discrimination case could not postphone PHR after criminal trial postphoned
Firouzian v Metroline Travel Ltd (Unfair Dismissal) [2012] UKEAT 0233_12_2305
30/08/2012
Where there is no entitlement to work there is no unfair dismissal or compensatory award
Kings Castle Church v Okukusie (Unfair Dismissal : Compensation) [2012] UKEAT 0472_11_1306
23/08/2012
A pay increase calculated in one of two possible ways is not unenforceable due to uncertainty
Anderson & Ors v London Fire Emergency Planning Authority [2012] UKEAT 0505_11_1907
22/08/2012
The range of reasonable responses test applies even for redundancy selection when using a pool of one
Wrexham Golf Club Co Ltd v Ingham (Unfair Dismissal : Reasonableness of dismissal)
21/08/2012
Rejection of employer's offer to rehire on self-employed basis did not mean Claimants had failed to mitigate the loss caused by unfair dismissal
F & G Cleaners v Saddington & Ors (Unfair Dismissal : Mitigation of loss) [2012] UKEAT 0140_11_1608
20/08/2012
Court of Appeal approves strict enforcement of EAT time-limits
O'Cathail v Transport for London [2012] EWCA Civ 1004
13/08/2012
Failure to pay an employee pay in full means constructive unfair dismissal
Roberts v Whitecross School (Unfair Dismissal : Constructive dismissal) [2012] UKEAT 0070_12_1906
11/08/2012
Zero hours contract workers were employees with unfair dismissal and TUPE rights
Pulse Healthcare Ltd v Carewatch Care Services Ltd & 6 Others UKEAT/0123/12/BA
11/08/2012
Forcing unemployed to work without pay does not breach human rights law
Reilly & Anor, R (on the application of) v Secretary of State for Work and Pensions (Rev 1) [2012] EWHC 2292
08/08/2012
Comparators in discrimination cases don't need to be exactly similar
Hewage v Grampian Health Board [2012] UKSC 37
31/07/2012
Succession of assignments meant mutuality of obligation existed, that Claimant possibly unfairly dismissed employee
Drake v Ipsos Mori UK Ltd [2012] UKEAT 0604_11_2507
28/07/2012
Doctor carrying out surgery for clinic was a worker under section 230 (3)(b) of the Employment Right Act 1996
The Hospital Medical Group Ltd v Westwood [2012] EWCA Civ 1005
26/07/2012
An imperfect redundancy scoring did not mean unfair dismissal
Nicholls v Rockwell Automation Ltd (Unfair Dismissal : Reasonableness of dismissal) [2012] UKEAT 0540_11_2506
20/07/2012
ET thought it unfair dismissal, the EAT agreed with the majority wing members
McCafferty v Royal Mail Group Ltd (Unfair Dismissal : Reasonableness of dismissal) [2012] UKEAT 0002_12_1206
19/07/2012
The Catholic Church can be vicariously liable for a Priest's actions
JGE v The Portsmouth Roman Catholic Diocesan Trust [2012] EWCA Civ 938
13/07/2012
Claimant selection for redundancy by subjective criteria doesn't necessarily amount to unfair dismissal
Mitchells Of Lancaster (Brewers) Ltd v Tattersall [2012] UKEAT 0605_11_2905
22/06/2012
Economic entity not shown to have transferred in TUPE case therefore no unfair dismissal
LOM Management Ltd v Sweeny (Transfer of Undertakings) [2012] UKEAT 0058_11_1105
08/06/2012
Employers may only exceptionally discipline an employee again for the same offence (based on the same facts)
Christou & Anor v London Borough of Haringey (Unfair Dismissal : Reasonableness of dismissal) [2012] UKEAT 0298_11_2505
01/06/2012
Unfair dismissal and discrimination case rejected by CA refusing to aid illegality
Hounga v Allen & Anor [2012] EWCA Civ 609
30/05/2012
An employee working temporarily on a contract did not transfer under TUPE and was therefore unfairly dismissed by the company that originally employed him
Seawell Ltd v CEVA Freight (Uk) Ltd & Anor (Transfer of Undertakings : Transfer) [2012] UKEAT 0034_11_1904
30/05/2012
Financial misconduct of a fiduciary prior to redundancy dismissal did not negate contractual payment in lieu of notice
Cavenagh v William Evans Ltd [2012] EWCA Civ 697
29/05/2012
An early retirement benefit transfers under TUPE but is only payable until the NRA
The Procter & Gamble Company v Svenska Cellulosa Aktiebolaget SCA & Anor [2012] EWHC 1257 (Ch)
28/05/2012
Article 6 of the European Convention on Human Rights relates to legal rights and obligations not the particular facts of each case
Mattu v The University Hospitals of Coventry and Warwickshire NHS Trust [2012] EWCA Civ 641
26/05/2012
The illegal dental bait and switch scam - hook you on the NHS and then refer on for private treatment
25/05/2012
A redundant employee who rejected an alternative offer of employment was acting reasonably
Readman v Devon Primary Care Trust (Redundancy : Suitable alternative employment) [2011] UKEAT 0116_11_0112
19/05/2012
Vicarious liability depends on how close a connection between the wrongful act and the employment is
Weddall v Barchester Healthcare Ltd [2012] EWCA Civ 25 & Wallbank v Wallbank Fox Designs Limited
18/05/2012
Vicarious liability for sex discrimination in police force
Commissioner of Police of The Metropolis v Weeks (Sex Discrimination : Vicarious liability) [2011] UKEAT 0130_11_2211
18/05/2012
Article 7 of the Working Time Directive (right to 4 weeks’ annual leave) has direct effect
Maribel Dominguez v Centre informatique du Centre Ouest Atlantique [2012] Case C-282/10
17/05/2012
A Scottish employment tribunal could not order disclosure outside the UK for a claimant in an unfair dismissal case
Weatherford UK Ltd v Forbes (Practice and Procedure : Case Management) [2011] UKEAT 0038_11_2012
17/05/2012
A fixed share partner in a legal firm was not an employee and therefore had no right to claim unfair dismissal
Tiffin v Lester Aldridge LLP [2012] EWCA Civ 35
16/05/2012
Court of Appeal refuses to allow sex orientation discrimination on grounds of religious belief
BULL & BULL v. HALL & PREDDY [2012] EWCA Civ 83
16/05/2012
High Court grants a 'springboard' final relief injunction restraining former employees from exploiting breaches of fiduciary duty and an employee's duty of fidelity when competing with the ex-employer
QBE Management Services (UK) Ltd v Dymoke & Ors [2012] EWHC 80 (QB)
15/05/2012
An employee working but not living abroad could bring an employment tribunal claim that his redundancy was really unfair dismissal
Ravat v Halliburton Manufacturing and Services Ltd (Rev 1) [2012] UKSC 1
14/05/2012
In alleged breach of a non solicitation clause the burden of proof is on the employer
Towry EJ Ltd v Bennett & Ors [2012] EWHC 224 (QB)
09/05/2012
Employment judges may sit alone for unfair dismissal hearings 09/05/2012
In unfair dismissal, disability and sex discrimination case, refusing a fair settlement offer meant chain of causation broken and future loss compensation affected
Konczak v BAE Systems (Operations) Ltd (Practice and Procedure : Compromise) [2012] UKEAT 0498_11_0305
08/05/2012
Nurses who restrained an abusive alzheimers patient were unfairly dismissed
Crawford & Anor v Suffolk Mental Health Partnership NHS Trust [2012] EWCA Civ 138
05/05/2012
TUPE applies where employees are organised to provide services to a client rather than when only acting as shift workers
Eddie Stobart Ltd v Foerman & Ors (Transfer of Undertakings : Service Provision Change) [2012] UKEAT 0223_11_1702
03/05/2012
A Lap dancer was not self-employed but an employee and may claim unfair dismissal
Quashie v Stringfellows Restaurants Ltd [2012] UKEAT 0289_11_2604
03/05/2012
contractual confidentiality clause no substitute for restrictive covenant
Caterpillar Logistics Services (UK) Ltd v de Crean [2012] EWCA Civ 156
01/05/2012
An illegal contract of employment willingly entered into deprives a worker of all statutory rights such as unfair dismissal and race discrimination
Zarkasi v Anindita & Anor [2012] UKEAT 0400_11_1801
01/05/2012
'Subjectivity' does not necessarily mean unfair dismissal in selection for redundancy
Samsung Electronics (UK) Ltd v Monte-D’Cruz [2012] UKEAT 0039_11_0103
01/05/2012
EAT allows franchise agreements to overturn ET decisions of unfair dismissal into 'redundancy'
Meter U LTD v Hardy & Ors (Transfer of Undertakings : Economic technical or organisational reason) [2012] UKEAT 0207_11_2802
30/04/2012
In rejecting a claim for unfair dismissal the EAT ruled that a pool of one for redundancy can be a fair reason for dismissal
Halpin v Sandpiper Books Ltd (Unfair Dismissal : Reasonableness of dismissal) [2012] UKEAT 0171_11_0602
30/04/2012
Changing where the employees' worked on a TUPE transfer was a constructive and automatically unfair dismissal
Abellio London Ltd v Musse & Ors (Transfer of Undertakings : automatically unfair dismissal) [2012] UKEAT 0283_11_1201
28/04/2012
Stay lifted for ET and High Court overlapping claims for unfair dismissal, automatic unfair dismissal (protected disclosures) & holiday pay under the Working Time Regulations
Halstead v Paymentshield Group Holdings Ltd [2012] EWCA Civ 524
27/04/2012
Unfair dismissal of a spouse is not considered unlawful discrimination on the grounds of marital status
Hawkins v Atex Group Ltd & Ors (Sex Discrimination : Marital status) [2011] UKEAT 0302_11_1303
26/04/2012
It is unlawful sex discrimination to discriminate or otherwise harass or victimise someone because of marital status
Dunn v The Institute of Cemetery and Crematorium Management (Sex Discrimination : Marital status) (Rev 1) [2011] UKEAT 0531_10_0212
26/04/2012
With Direct Age Discrimination justification the aim must be legitimate, appropriate and necessary with regard to the particular work situation
Seldon v Clarkson Wright and Jakes (A Partnership) [2012] UKSC 16 On appeal from: [2010] EWCA Civ 899
25/04/2012
Implementing new training requirements which ruled out the possibility of promotion before retirement was indirect age discrimination
Homer v Chief Constable of West Yorkshire Police [2012] UKSC 15 On appeal from: [2010] EWCA Civ 419
25/04/2012
There is no right of disclosure of a candidate's file in a discrimination case (here about race and sex discrimination)
Meister v Speech Design Carrier Systems GmbH CJEU Case C-415/10(application from Bundesarbeitsgericht (Germany))
23/04/2012
ET which awarded large costs against a claimant in a failed race discrimination and victimization case must think again
Doyle v North West London Hospitals NHS Trust [2012] UKEAT 0271_11_2004
23/04/2012
Age discrimination can be justified on the grounds of cost if it is a 'proportionate means of achieving a legitimate aim'
Woodcock v Cumbria Primary Care Trust [2012] EWCA Civ 330
22/04/2012
Employers must begin collective redundancy consultations with the workers' representatives early
The United States of America v Christine Nolan Case C-583/10
20/04/2012
A concession or withdrawal by a Claimant must be 'clear, unequivocal and unambiguous'.
Segor v Goodrich Actuation Systems Ltd (Practice and Procedure : Withdrawal) [2012] UKEAT 0145_11_1002
20/04/2012
TUPE does not apply when a service is conducted in an altogether different manner following a changeover.
Johnson Controls Ltd v Campbell & Anor (Transfer of Undertakings : Service Provision Change) [2012] UKEAT 0041_12_1402
19/04/2012
The reversed burden of proof in discrimination cases
Dziedziak v Future Electronics Ltd (Sex Discrimination) [2012] UKEAT 0270_11_2802
17/04/2012
A TUPE transfer needs the employee's consent
Gabriel v Peninsula Business Services Ltd & Anor [2012] UKEAT 0190_11_2302
17/04/2012
Right to Request Deferment of Retirement
R & R Plant (Peterborough) Ltd v Bailey [2012] EWCA Civ 410
13/04/2012
The date that an employee resigns is to be taken as the effective date of termination (EDT)
Horwood v Lincolnshire County Council [2012] UKEAT 0462_11_0304
13/04/2012
Ignoring costs warning letters can be taken as unreasonable conduct
Peat & Ors v Birmingham City Council (Practice and Procedure : Costs) [2012] UKEAT 0503_11_1004
12/04/2012
TUPE guidance, and Regulation 4
Argyll Coastal Services Ltd v Stirling & Ors TUPE [2012] UKEAT 0012_11_1502
05/04/2012
An employee who holds confidential information about a competitor that he hopes to work for does not need to inform his existing employer. To do so would mean being in breach of confidence to the new employer.
Customer Systems Plc v Ranson & Ors [2011] EWHC 3304 (QB)
26/01/12
There is no single definition regarding domestic workers treated as family members and thus exempt from the National Minimum Wage.
Chamsi-Pasha v Udin [2011] UKEAT 0070_11_0812 & Julio & ors v Jose [2011] UKEAT
22/12/11
Where there was no prejudice to the claimant, the employment tribunal could substitute its reason for the dismissal which was different to that pleaded in the ET3
Screene v Seatwave Ltd (Unfair Dismissal) [2011] UKEAT 0020_11_2605
7/12/11
Even in a redundancy situation vacancies must be considered throughout the consultation period
King v Royal Bank Of Canada Europe Ltd [2011] UKEAT 0333_10_1810
6/12/11
Refusing to increase a protected payment was not an unlawful deduction from wages contrary to the Employment Rights Act ( ERA ) 1996
Barts and the London NHS Trust v Verma [2011] EWCA Civ 1129
5/12/11
A new offer of employment must for the purposes of mitigation and compensation be considered seriously by a claimant.
Debique v Ministry Of Defence [2011] UKEAT 0075_11_1509
4/12/11
Pre-trial publicity may affect the possibility of costs being awarded against a claimant in the EAT.
Iteshi v Office of Water Services (Ofwat) [2011] UKEAT 0178_11_2209
3/12/11
Disciplinary panel members must avoid any appearence of bias or of being involved in judging their own case.
Kaur, R (on the application of) v Institute of Legal Executives Appeal Tribunal & Anor [2011] EWCA Civ 1168
2/12/11
The CJEU Advocate General advises that Part-time Judges are workers and that discrimination against different types of judges is not allowed.
O'Brien v Ministry of Justice [2010] UKSC 34
1/12/11
Costs are compensatory not punitive and reflect the "effect" of the conduct in question"
Barnsley Metropolitan Borough Council v Yerrakalva [2011] EWCA Civ 1255
30/11/11
Unheard and contested matters dismissed at a pre-hearing should not be the subject of a costs award
Dean & Dean (a firm) & Ors v Dionissiou -Moussaoui (Rev 1) [2011] EWCA Civ 1332
29/11/11
Equality Act 2010 claimants (formerly claiming under Equal Pay Act 1970 and Sex Discrimination Act) can choose to bring claims in court or the employment tribunal.
Birmingham City Council v Abdulla & Ors [2011] EWCA Civ 1412
29/11/11
The ET needed to determine the reasons why a flexible timetable did not constitute disability discrimination (& Pension-Ogden Tables)
Chief Constable Of West Midlands Police v Gardner [2011] UKEAT 0174_11_1910
28/11/11
A holiday must be taken within a reasonable time period or the holiday will cease to be considered as providing a rest from work, but rather "a period of relaxation and leisure"
KHS AG v Schulte ECJ Case C-214/10
26/11/11
The emasculation of the employment tribunal system is the next stage on the road to a fundamental undermining of workers' rights and protections in Britain 25/11/11
The level of compensatory award for unfair dismissal must be 'grossed up' before the application of the statutory cap.
Hardie Grant London Ltd v Aspden [2011] UKEAT 0242_11_0311
23/11/11
Female workers suffered indirect sex discrimination in a pension scheme but no loss (and therefore will not receive compensation).
Copple & Ors v Littlewoods Plc & Ors [2011] EWCA Civ 1281
18/11/11
In order to claim holiday pay under Reg 16 (1) of the Working Time Regulations an employee must have already have stated an intention to take it.
Fraser v Southwest London St George’s Mental Health Trust [2011] UKEAT 0456_10_0311
10/11/11
Even where lists of issues have been agreed between the parties they should be scrutinised by employment judges.
Price v Surrey County Council & Anor [2011] UKEAT 0450_10_2710
07/11/11
Claimants with Before the Event Insurance may choose their own solicitor
Brown-Quinn & Anor v Equity Syndicate Managment LTD & Anor [2011] EWHC 2661
06/11/11
The High Court issues guidance as to when contractual provisions are valid
Hussain v Surrey and Sussex Healthcare NHS Trust [2011] EWHC 1670 (QB)
04/11/11
Disciplinary processes must be conducted fairly and without undue delay
Lim v Royal Wolverhampton Hospitals NHS Trust [2011] EWHC 2178 (QB)
02/11/11
An employer's reasonable (but wrong) belief that a worker is working illegally is no defence to an illegal deduction from wages claim
Okuoimose v City Facilities Management (UK) Ltd [2011] UKEAT 0192_11_1309
31/10/11
Whistleblowers are not protected against victimisation by fellow workers
NHS Manchester v Fecitt & Ors [2011] EWCA Civ 1190
29/10/11
EU Agency Directive 2008 finally implemented by Britain as the Agency Worker Regulations 2010
11/10/11
George Osbourne for the Liberal-Conservative Government moves to limit workers' access to justice
9/10/11
When deciding the level of costs to be paid, if a tribunal exercises the discretion to take means into account, all the means must be assessed
SHIELDS AUTOMOTIVE LTD v GREIG [2011] UKEAT 0024_10_1507
6/10/11
It was not unfair or inequitable not to re-hire under conditions offered in failed negotiations
Slade & Others v TNT (UK) Ltd (Unfair Dismissal) [2011] UKEAT 0113_11_1309
3/10/11
An employee sharing profits in the firm is not necessarily a partner
Williamson & Soden Solicitors v Briars EAT [2011] UKEAT/2011/0065_10_2705
30/08/11
Leaving a page out of the reasons for an EAT appeal was venial
Hine & Anor (t/a Hine Marketing Partnership) v Talbot & Ors [2011] UKEAT 1783_10_2706
29/08/11
In Equal Pay claims after a TUPE transfer, red circling will be accepted as constituting a genuine material factor defence
Scotland Co Ltd v Buchanan & Anor (Equal Pay Act : Material factor defence and justification) [2011] UKEAT 0042_10_2505
27/08/11
The Minimum wage did not apply to a worker sleeping over without duties to perform
Wray v JW Lees & Co (Brewers) Ltd (National Minimum Wage [2011] UKEAT 0102_11_1407
26/08/11
Requests to continue working after 65 must be considered in good faith
Compass Group Plc v Ayodele [2011] UKEAT 0484_10_1407
20/08/11
An autocratic style of management is no justification for breaching the contractual term of trust and confidence
McBride v Falkirk Football & Athletic Club [2011] UKEAT 0058_10_1706
19/08/11
Overtime payments in the absence of an agreement
Driver v Air India Ltd [2011] EWCA Civ 830
10/08/11
No age discrimination where notification referred to retirement after the age of 65yrs
Howard v Campbell's Caravans Ltd [2011] UKEAT 0609_10_1205
29/06/11
Mere suspicion that a representative was acting for profit was not enough for imposing wasted costs
Jackson v Cambridgeshire County Council & Ors (Practice and Procedure : Costs) [2011] UKEAT 0402_09_0806
11/06/11
Guard disallowed from leaving his work to pray was not discriminated against
Cherfi v G4S Security Services Ltd (Religion or Belief Discrimination) [2011] UKEAT 0379_10_2405
09/06/11
October 2011 increases in minimum wage 10/05/11
Judicial proceedings immunity applies to all types of discrimination including victimisation
Parmer v East Leicester Medical Practice (Victimisation Discrimination) [2011] UKEAT 0490_10_0103
26/04/11
An abused worker's unfair dismissal and race discrimination claim was refused for illegality
Allen (Nee Aboyade-Cole) v Hounga & Anor [2011] UKEAT 0326_10_3103
15/04/11
Pay protection may be a proportionate means of achieving a legitimate aim provided that sums awarded don't result from past discrimination.
Audit Commission v Haq & Ors [2011] UKEAT 0123_10_1803
09/04/11
Court of Appeal rules that provided a claimant does part of the work in the UK an ET may hear a race or age discrimination claim.
British Airways Plc v Mak & Ors [2011] EWCA Civ 184
18/03/11

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