Results: 115

• Inland Revenue Comrs v Ainsworth (Revenue and Customs Comrs v Stringer)

  22 Apr 2005 [2005] EWCA Civ 441; [2005] ICR 1149, CA

  14 Sep 2005 (pet all) [2009] UKHL 31; [2006] ICR 12; [2009] ICR 985; [2009] 4 All ER 1205; [2009] WLR (D) 178, HL(E)

  Subsequent citations: 19.
  EMPLOYMENT — Working time provisions — Paid annual leave
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  EMPLOYMENT — Working time provisions — Paid annual leave — Employee absent from work through sickness — Whether entitled to paid annual leave during period of absence — Whether holiday pay recoverable as unlawful deduction of wages — Employment Rights Act 1996, ss 13, 23, 205(2) — Working Time Regulations 1998, regs 13, 14 (as amended by Working Times (Amendment) Regulations 2001, reg 2), 30

  EMPLOYMENT — Working time provisions — Paid annual leave — Employees absent from work through sickness — Whether entitled to paid annual leave during period of absence — Whether payment for annual leave recoverable as unlawful deduction from wages — Whether “wages” — Employment Rights Act 1996, ss 13, 23, 27(1)(a) — Working Time Regulations 1998, regs 13, 14 (as amended by Working Time (Amendment) Regulations 2001, reg 2), 16, 30

  6 Case(s) considered

  1 Words & Phrases considered

  2 Statutes considered

  2 Statutory Instruments considered
• 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

• Flett v Matheson

  09 Mar 2005 [2005] ICR 1134, EAT

  07 Feb 2006 [2006] EWCA Civ 53; [2006] ICR 673, CA

  EMPLOYMENT — Contract of employment — Apprentice
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  EMPLOYMENT — Contract of employment — Apprentice — Modern apprenticeship agreement — Whether breach by employer giving rise to damages for loss of training — Appropriate notice of termination

  EMPLOYMENT — Contract of employment — Apprentice — Modern apprenticeship agreement — Whether contract of apprenticeship — Whether breach by employer giving rise to claim for damages for loss of training — Employment Tribunals Act 1996, s 42(1)

  6 Case(s) considered

  1 Statute considered

• Connex South Eastern Ltd v Bangs

  27 Jan 2005 [2005] EWCA Civ 14; [2005] ICR 763; [2005] 2 All ER 316, CA

  21 Apr 2005 (pet all) [2005] ICR 1161, HL(E)

  Subsequent citations: 7.
  INDUSTRIAL RELATIONS — Employment Appeal Tribunal — Appeal to
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  INDUSTRIAL RELATIONS — Employment Appeal Tribunal — Appeal to — Appeal solely on ground of unreasonable delay in promulgation of employment tribunal's decision — Whether constituting independent ground of appeal — Whether limitation of appeal to questions of law incompatible with right to fair hearing — Employment Tribunals Act 1996, s 21(1) — Convention for the Protection of Human Rights and Fundamental Freedoms (1953), art 6(1)

  3 Case(s) considered

  1 Statute considered

  1 International Agreement 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
• Secretary of State for Trade and Industry v Rutherford (No 2) (Secretary of State for Trade and Industry v Bentley)

  02 Oct 2003 [2005] ICR 119, EAT

  03 Sep 2004 [2004] EWCA Civ 1186; [2005] ICR 119, CA

  10 Feb 2005 (pet all) [2005] ICR 749, HL(E)

  03 May 2006 [2006] UKHL 19; [2006] ICR 785; [2006] 4 All ER 577, HL(E)

  Subsequent considerations : 1 positive; 1 negative. Subsequent citations: 27.
  DISCRIMINATION — Sex — Employment
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  DISCRIMINATION — Sex — Employment — Employee over 65 at time of dismissal — Application for redundancy payment and complaint of unfair dismissal precluded by domestic legislation — Whether legislation discriminating against men — Whether objectively justified — Employment Rights Act 1996, ss 109(1)(b), 156(1)(b) — EC Treaty, art 141 — Council Directive 97/80/EC, art 2

  DISCRIMINATION — Sex — Employment — Requirement or condition — Employee aged over 65 at time of dismissal — Application for redundancy payment and complaint of unfair dismissal precluded by domestic legislation — Whether legislation discriminating against men — Employment Rights Act 1996, ss 109(1)(b), 156(1)(b) — EC Treaty, art 141EC

  6 Case(s) considered

  2 EU Enactments considered

  1 Statute considered

• Awotona v South Tyneside Healthcare NHS Trust

  15 Feb 2005 [2005] EWCA Civ 217; [2005] ICR 958, CA

  Subsequent citations: 1.
  EMPLOYMENT — Unfair dismissal — Compensation
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  EMPLOYMENT — Unfair dismissal — Compensation — Reinstatement order — Tribunal making reinstatement order with compensation for loss of pay — Employer failing to comply with reinstatement order — Calculation of compensatory award — Whether tribunal entitled to include losses prior to date ordered for reinstatement — Employment Rights Act 1996, ss 114(2), 117(3)

  1 Statute considered
• Igen Ltd (formerly Leeds Careers Guidance) v Wong (Webster v Brunel University)

  18 Feb 2005 [2005] EWCA Civ 142; [2005] ICR 931; [2005] 3 All ER 812, CA (Kennedy, Gibson and Baker LJJ)

  Subsequent considerations : 5 positive; 8 neutral. Subsequent citations: 62.
  DISCRIMINATION — Employment — Burden of proof
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  DISCRIMINATION — Employment — Burden of proof — Burden on claimant to establish facts capable of constituting unlawful discrimination — Burden shifting to employer to prove absence of discrimination — Proper approach — Sex Discrimination Act 1975, s 63A (as inserted by Sex Discrimination (Indirect Discrimination and Burden of Proof) Regulations 2001, reg 5) — Race Relations Act 1976, s 54A (as inserted by Race Relations Act 1976 (Amendment) Regulations 2003, reg 41)

  5 Case(s) considered

  2 Statutes 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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  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

• Banks v Ablex Ltd

  24 Feb 2005 [2005] EWCA Civ 173; [2005] ICR 819, CA

  TORT — Cause of action — Harassment
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  TORT — Cause of action — Harassment — Employee complaining of aggressive and abusive conduct by fellow employee — Whether single incident involving complainant sufficient — Employee suffering from depressive disorder and unable to work — Whether foreseeable — Whether employer liable in negligence — Protection from Harassment Act 1997, ss 1, 7

  2 Case(s) considered

  1 Statute considered