Results: 96

• 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

• 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
• 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
• Cable & Wireless plc v Muscat

  09 Mar 2006 [2006] EWCA Civ 220; [2006] ICR 975, CA

  Subsequent considerations : 1 positive; 1 neutral; 1 negative. Subsequent citations: 7.
  EMPLOYMENT — Contract of employment — Agency worker
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  EMPLOYMENT — Contract of employment — Agency worker — Former employee supplying services through agency — No change in working arrangements other than payment of invoices by agency — Whether contract of service with employer to be implied

  3 Case(s) considered
• Aon Trust Corpn v KPMG

  29 Jul 2004 [2004] EWHC 1844 (Ch); [2005] 1 WLR 995; [2005] 3 All ER 587; (2004) 154 NLJ 1326; The Times, 26 August 2004, Ch D (Sir Andrew Morritt VC)

  28 Jul 2005 [2005] EWCA Civ 1004; [2006] 1 WLR 97; [2006] ICR 18; [2006] 1 All ER 238; The Times, 7 September 2005, CA (Mummery, Chadwick and Jonathan Parker LJJ)

  06 Feb 2006 (pet dis) [2006] 1 WLR 399; [2006] ICR 424, HL(E)

  Subsequent considerations : 1 neutral; 2 negative. Subsequent citations: 11.
  TRUSTS — Pension scheme — Deficiency

  TRUSTS — Pension scheme — Underprovision
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  TRUSTS — Pension scheme — Deficiency — Contributions into fund based on amount of employees' salaries — Benefits calculated by multiplying payments in by appropriate factor — Power of trustee to pay bonuses or to reduce benefits by reference to actuarial valuation of fund — Whether “money purchase scheme” — Whether power to reduce benefits applicable to pensions already in payment — Whether power to “modify” scheme — Pension Schemes Act 1993, s 181 — Pensions Act 1995, ss 56(2)(a), 60, 67, 75

  TRUSTS — Pension scheme — Underprovision — Contributions based on employees' salaries — Trustee power to adjust benefits by reference to actuarial valuation of fund — Benefits calculated by reference to contributions and any bonuses or reductions made by trustee — Whether “money purchase scheme” — Whether power to reduce benefits applicable to pensions already in payment — Whether “power … to modify” scheme — Pension Schemes Act 1993, s 181 — Pensions Act 1995, ss 56(2)(a), 67

  1 Case considered

  3 Words & Phrases 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

• R (National Union of Journalists) v Central Arbitration Committee (Secretary of State for Trade and Industry intervening)

  19 Nov 2004 [2004] EWHC 2612 (Admin); [2005] ICR 493; [2005] IRLR 28; The Times, 25 November 2004, QBD (Hodge J)

  21 Jul 2005 [2005] EWCA Civ 1309; [2006] ICR 1; [2006] IRLR 53; The Times, 21 July 2005, CA (Buxton, Latham LJJ and Sir Martin Nourse)

  Subsequent citations: 2.
  TRADE UNION — Recognition — Reference to central arbitration committee
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  TRADE UNION — Recognition — Reference to central arbitration committee — Employer entering into voluntary recognition agreement with union having one relevant member — Union with majority of employees applying to committee for recognition — Whether valid recognition agreement “already in force” precluding application — Trade Union and Labour Relations (Consolidation) Act 1992, Sch A1, para 35 (as inserted by Employment Relations Act 1999, s 1(2), Sch 1) — Convention for the Protection of Human Rights and Fundamental Freedoms (1953), arts 11, 14

  4 Case(s) considered

  1 Words & Phrases considered

  1 Statute considered

  1 International Agreement considered
• Derbyshire v St Helens Metropolitan Borough Council

  23 Jul 2004 [2004] IRLR 851, EAT (Cox J)

  29 Jul 2005 [2005] EWCA Civ 977; [2006] ICR 90, CA (Mummery, Jonathan Parker and Lloyd LJJ)

  05 Dec 2005 (pet all) [2006] ICR 424, HL(E) (Lord Hope of Craighead, Lord Walker of Gestingthorpe and Baroness Hale of Richmond)

  25 Apr 2007 (Equal Opportunities Commission intervening) [2007] UKHL 16; [2007] ICR 841; [2007] 3 All ER 81, HL(E) (Lord Bingham of Cornhill, Lord Hope of Craighead, Baroness Hale of Richmond, Lord Carswell and Lord Neuberger of Abbotsbury)

  Subsequent considerations : 1 positive; 1 negative. Subsequent citations: 16.
  DISCRIMINATION — Employment — Sex
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  DISCRIMINATION — Employment — Sex — Majority of female school catering staff settling equal pay claims — Employers' letter to all staff claiming that success of claims by minority likely to result in substantial reduction of meals service — Complaints by minority of victimisation — Whether less favourable treatment by reason of pursuing equal pay claims — Sex Discrimination Act 1975, ss 4(1)(a), 6(2)(b)

  5 Case(s) considered

  1 Statute considered

• British Airways plc v Noble

  09 May 2006 [2006] EWCA Civ 537; [2006] ICR 1227, CA

  25 Jul 2006 (pet dis) [2006] ICR 1513, HL(E)

  Subsequent citations: 1.
  EMPLOYMENT — Working time provisions — Paid annual leave
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  Case index catchwords

  EMPLOYMENT — Working time provisions — Paid annual leave — Employees contracted to work shifts of varying length within six-monthly roster — Shift pay calculated in accordance with collective agreements — Calculation of weekly amount involving payment for 48 working weeks being spread over 52 weeks — Resulting sum paid whether employee working or on holiday — Whether underpayment of shift element of pay for statutory holiday period — Employment Rights Act 1996, s 222 — Working Time Regulations 1998, reg 16(1)

  1 Statute considered

  1 Statutory Instrument considered
• Redfearn v Serco Ltd (trading as West Yorkshire Transport Service)

  25 May 2006 [2006] EWCA Civ 659; [2006] ICR 1367, CA

  Subsequent considerations : 1 neutral. Subsequent citations: 2.
  DISCRIMINATION — Race — Employment
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  DISCRIMINATION — Race — Employment — Employer provider of transport to persons of mainly Asian origin — Driver elected as BNP councillor dismissed on ground of risk to health and safety of employer's customers and employees — Whether treated less favourably “on racial grounds” — Whether indirect discrimination — Race Relations Act 1976, s 1(1)(a), (1A) (as inserted by Race Relations Act 1976 (Amendment) Regulations 2003, reg 3)

  2 Case(s) considered

  1 Words & Phrases considered

  1 Statute considered