Results: 100

• Horkulak v Cantor Fitzgerald International

  31 Jul 2003 [2003] EWHC 1918 (QB); [2004] ICR 697, QBD (Newman J)

  14 Oct 2004 [2004] EWCA Civ 1287; [2005] ICR 402, CA

  Subsequent considerations : 1 neutral; 1 negative; most recently considered: 2022. Subsequent citations: 47.
  EMPLOYMENT — Contract of employment — Breach of contract

  EMPLOYMENT — Contract of employment — Implied term
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  EMPLOYMENT — Contract of employment — Breach of contract — Bonus payable in anticipation of future loyalty — Whether employer obliged to exercise discretion as to payment of bonus — Whether employee entitled to fair and rational bonus assessment — Assessment of bonus following wrongful dismissal

  EMPLOYMENT — Contract of employment — Implied term — Senior manager on high earnings — Campaign of bullying and intimidation by chief executive using foul and abusive language — Whether employer in breach of implied term of trust and confidence

  6 Case(s) considered
• Green v Governing Body of Victoria Road Primary School

  18 Mar 2003 [2003] ICR 713, EAT

  23 Jan 2004 [2004] EWCA Civ 11; [2004] ICR 684; [2004] 2 All ER 763; [2004] LGR 337, CA

  Subsequent considerations : 1 positive; 3 neutral. Subsequent citations: 5.
  EDUCATION — Teacher — Dismissal
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  Case index catchwords

  EDUCATION — Teacher — Dismissal — Teacher claiming constructively dismissed — Whether governing body and/or local education authority correct respondents to complaint of unfair dismissal — School Standards and Framework Act 1998, Sch 16, para 25 — Education (Modification of Enactments Relating to Employment) Order 1999, art 6

  1 Case considered

  2 Statutes considered

  2 Statutory Instruments considered

• Murphy v Slough Borough Council

  26 May 2004 [2004] ICR 1163, EAT

  16 Feb 2005 [2005] EWCA Civ 122; [2005] ICR 721, CA

  14 Oct 2005 (pet dis) [2005] ICR 1749, HL(E)

  Subsequent citations: 6.
  EDUCATION — Teacher — Discrimination
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  EDUCATION — Teacher — Discrimination — Teacher with congenital heart disorder having child by surrogate — Paid post-natal leave refused on financial grounds — Complaint of disability discrimination — Whether governing body or local education authority correct respondent — Whether any breach of duty — Disability Discrimination Act 1995, s 5(1)(2) — School Standards and Framework Act 1998, Sch 16, para 22 — Education (Modification of Enactments Relating to Employment) Order 1999, art 3(1)

  4 Case(s) considered

  4 Statutes considered

  2 Statutory Instruments considered

• McCabe v Cornwall County Council

  19 Dec 2002 [2002] EWCA Civ 1887; [2003] ICR 501, CA

  15 Jul 2004 [2004] UKHL 35; [2005] 1 AC 503; [2004] 3 WLR 322; [2004] ICR 1064; [2004] 3 All ER 991, HL(E)

  Subsequent citations: 50.
  EMPLOYMENT — Contract of employment — Implied term
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  EMPLOYMENT — Contract of employment — Implied term — Employee prior to dismissal subjected to conduct by employer in breach of duty to act fairly — Compensation awarded for unfair dismissal — Subsequent claim for damages in relation to illness caused by employer's conduct prior to dismissal — Whether claim sustainable

  4 Case(s) considered
• Lawson v Serco Ltd (Crofts v Veta Ltd)

  23 Jan 2004 [2004] EWCA Civ 12; [2004] ICR 204; [2004] 2 All ER 200; [2004] IRLR 206; The Times, 30 January 2004, CA (Pill, Mummery, May LJJ)

  26 Oct 2004 (pet all) [2005] ICR 212, HL(E)

  26 Jan 2006 [2006] UKHL 3; [2006] ICR 250; [2006] 1 All ER 823; [2006] IRLR 289; (2006) 156 NLJ 184; The Times, 27 January 2006, HL(E) (Lord Hoffmann, Lord Woolf, Lord Rodger of Earlsferry, Lord Walker of Gestingthorpe and Baroness Hale of Richmond)

  Subsequent considerations : 11 positive; 6 neutral; 2 negative. Subsequent citations: 64.
  EMPLOYMENT — Unfair dismissal — Excluded classes
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  Case index catchwords

  EMPLOYMENT — Unfair dismissal — Excluded classes — Security supervisor employed by English company to work in United Kingdom overseas territory — Whether employment tribunal having jurisdiction to hear complaint of unfair dismissal — Employment Rights Act 1996, ss 94(1), 244(1)

  EMPLOYMENT — Unfair dismissal — Excluded classes — Workers employed by British concerns at overseas British military bases — Pilot employed by Hong Kong company contractually based in Great Britain when dismissed — Whether employment tribunal having jurisdiction to hear unfair dismissal claims — Employment Rights Act 1996, s 94(1)

  3 Case(s) considered

  1 Statute considered
• Susie Radin Ltd v GMB

  20 Feb 2004 [2004] EWCA Civ 180; [2004] ICR 893; [2004] 2 All ER 279, CA

  Subsequent considerations : 2 positive. Subsequent citations: 13.
  EMPLOYMENT — Redundancy — Trade union consultation
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  Case index catchwords

  EMPLOYMENT — Redundancy — Trade union consultation — Protective award — Approach to assessment — Trades Union and Labour Relations (Consolidation) Act 1992, s 189 (as amended by Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 1995, reg 4 and Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 1999, reg 5)

  2 Case(s) considered

  1 Statute considered

• Logan v Customs and Excise Comrs

  23 Jul 2003 [2003] EWCA Civ 1068; [2004] ICR 1, CA

  Subsequent citations: 2.
  EMPLOYMENT — Unfair dismissal — Complaint
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  EMPLOYMENT — Unfair dismissal — Complaint — Constructive dismissal — Tribunal dismissing complaint after hearing only applicant's evidence — Whether reasonable exercise of discretion

  5 Case(s) considered

• Health and Safety Executive v Cadman

  22 Oct 2003 [2004] ICR 378; [2004] IRLR 29, EAT (Judge Burke QC, Mr B Beynon and Miss S M Wilson)

  15 Oct 2004 [2004] EWCA Civ 1317; [2005] ICR 1546, CA (Peter Gibson, Maurice Kay LJJ and Sir Martin Nourse)

  Subsequent citations: 26.
  DISCRIMINATION — Sex — Equal pay
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  Case index catchwords

  DISCRIMINATION — Sex — Equal pay — Applicant paid less than male comparators — Length of service reason for differential — Reason having disparate impact on women — Whether employer having to show objective justification for use of length of service — Whether differential justified — Equal Pay Act 1970, s 1(3) (as substituted by Equal Pay (Amendment) Regulations 1983, reg 2(2))

  5 Case(s) considered

  1 Statute considered

• Doherty v Rugby Joinery (UK) Ltd

  17 Feb 2004 [2004] EWCA Civ 147; [2004] ICR 1272, CA

  Subsequent citations: 2.
  NEGLIGENCE — Safe system of work — Vibration white finger
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  Case index catchwords

  NEGLIGENCE — Safe system of work — Vibration white finger — Employees operating vibratory tools in woodworking factory developing vibration-induced white finger — Whether employer under duty to assess vibration levels and monitor employees for symptoms — Employees' exposure not exceeding recommended maxims — Whether employer liable
• Gallagher v Alpha Catering Services Ltd (trading as Alpha Flight Services)

  17 Mar 2004 [2004] ICR 1489, EAT

  08 Nov 2004 [2004] EWCA Civ 1559; [2005] ICR 673, CA

  Subsequent considerations : 2 positive. Subsequent citations: 6.
  EMPLOYMENT — Working time provisions — Exclusion
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  Case index catchwords

  EMPLOYMENT — Working time provisions — Exclusion — Activities connected with provision of meals to aircraft between flights — Whether involving “need for continuity of service” — Whether routine increase in activity “surge of activity” — Whether rest break provision excluded — Whether period when employees not doing work but at employer's disposal “rest break” — Working Time Regulations 1998, regs 12(1)(3), 21(c)(d)

  2 Case(s) considered

  4 Words & Phrases considered

  2 Statutory Instruments considered