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25/11/2011 - The government has unveiled a swathe of intended 'reforms' to employment protections. The unashamedly pro business changes to the law described as the "most radical reform to the employment law system for decades" will carry on the work of Thatcher in further undermining unions, worker freedoms, rights and protections. The government will further seek to negate wherever possible the hard won rights that the European Union has given workers under several Directives and European Court of Justice decisions. 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.
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Some Recent News:-


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

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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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