Results: 102

• Raschid v General Medical Council (Fatnani v General Medical Council)

  15 Jan 2007 [2007] EWCA Civ 46; [2007] 1 WLR 1460; [2007] ICR 811, CA

  Subsequent considerations : 1 positive; 1 negative. Subsequent citations: 191.
  MEDICAL PRACTITIONER — Fitness to Practice Panel — Appeal
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  Case index catchwords

  MEDICAL PRACTITIONER — Fitness to Practice Panel — Appeal — Doctors appealing against suspension and erasure from register imposed by panel — Extent of court's jurisdiction to vary penalty imposed by panel — Medical Act 1983, ss 36(1) (as amended by Medical Act 1983 (Amendment) Order 2000, art 5), 40(7) (as substituted by Medical Act 1983 (Amendment) Order 2002, art 13)

  4 Case(s) considered

  1 Statute considered

• Aziz v Crown Prosecution Service

  31 Jul 2006 [2006] EWCA Civ 1136; [2007] ICR 153, CA

  DISCRIMINATION — Race — Employment
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  DISCRIMINATION — Race — Employment — Employee suspended following unsubstantiated allegations of making offensive remarks — Whether employer's disciplinary code and considerations of fairness requiring reasonable grounds to suspect misconduct — Whether prior inquiry necessary — Whether refusal to allow employee to be accompanied or represented at initial interview less favourable treatment

• Ellis v Bristol City Council

  05 Jul 2007 [2007] EWCA Civ 685; [2007] ICR 1614; The Times, 21 August 2007, CA (Smith, Lloyd and Wilson LJJ)

  Subsequent citations: 2.
  HEALTH AND SAFETY — Employer's liability — Slippery floor
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  HEALTH AND SAFETY — Employer's liability — Slippery floor — Care assistant slipping on pool of urine on floor — Floor frequently wet with urine — Whether breach of duty to ensure surface of floor suitable for purpose — Contributory negligence — Workplace (Health, Safety and Welfare) Regulations 1992 (SI 1992/3004), reg 12

  1 Case considered

  1 Statutory Instrument 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

• R v Balfour Beatty Rail Infrastructure Services Ltd

  05 Jul 2006 [2006] EWCA Crim 1586; [2007] Bus LR 77; [2007] ICR 354; The Times, 18 July 2006, CA

  Subsequent citations: 3.
  HEALTH AND SAFETY — Statutory offence — Employer's liability
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  HEALTH AND SAFETY — Statutory offence — Employer's liability — Fatal train derailment caused by track disintegrating — Company responsible for inspecting track pleading guilty to failing to discharge duty not to expose non-employees to risks to health and safety — Judge fining company £10m — Whether fine excessive — Guidelines on sentencing companies where employees or non-employees put at risk — Health and Safety at Work etc Act 1974, s 3(1)

  1 Case considered

  1 Statute considered
• R (Equal Opportunities Commission) v Secretary of State for Trade and Industry

  12 Mar 2007 [2007] EWHC 483 (Admin); [2007] ICR 1234, QBD

  Subsequent considerations : 1 positive. Subsequent citations: 14.
  DISCRIMINATION — Sex — Harassment
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  Case index catchwords

  DISCRIMINATION — Sex — Harassment — National legislation precluding unwanted conduct “on the ground of” sex — Community law precluding conduct “related to” sex — Whether causative requirement in national legislation non-compliant — Whether objective test appropriate — Requirement for comparator in discrimination claims on grounds of pregnancy and maternity leave — Whether impermissible — Restrictions on right to claim discrimination during maternity leave — Whether regressive — Sex Discrimination Act 1975, ss 3A, 4A, 6A (as inserted by Employment Equality (Sex Discrimination) Regulations 2005, regs 4, 5, 8) — Council Directive 76/207/EEC, arts 2(2), 8e(2) (as substituted by Parliament and Council Directive 2002/73/EC, art 1)

  5 Case(s) considered

  2 Words & Phrases considered

  1 EU Enactment considered

  1 Statute considered
• R (Nicholds) v Security Industry Authority (R (Hancock) v Security Industry Authority, R (Thorpe) v Security Industry Authority)

  19 Jul 2006 [2006] EWHC 1792 (Admin); [2007] 1 WLR 2067; [2007] ICR 1076, QBD

  Subsequent considerations : 1 positive; 3 neutral. Subsequent citations: 49.
  LICENSING — Private security industry — Door supervisors
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  LICENSING — Private security industry — Door supervisors — Licensing regime automatically barring certain former offenders from obtaining licences — Whether rule ultra vires — Whether unlawfully fettering licensing authority's discretion — Whether interference with right to enjoyment of possessions — Human Rights Act 1998, Sch 1, Pt II, art 1 — Private Security Industry Act 2001, s 7

  2 Statutes considered

• Coles v Barracks (Secretary of State for the Home Department intervening)

  21 Jul 2006 [2006] EWCA Civ 1041; [2007] ICR 60, CA

  Subsequent citations: 5.
  INDUSTRIAL RELATIONS — Employment tribunals — Disclosure
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  Case index catchwords

  INDUSTRIAL RELATIONS — Employment tribunals — Disclosure — Complaint of race discrimination — Claimant failing security vetting — Respondent refusing to disclose reasons for failure on ground prohibited by law — Tribunal ordering striking out of response unless disclosure provided — Whether appropriate — Proper procedure
• Bolton School v Evans

  [2006] IRLR 500, EAT

  15 Nov 2006 [2006] EWCA Civ 1653; [2007] ICR 641, CA

  Subsequent considerations : 1 neutral. Subsequent citations: 11.
  EMPLOYMENT — Protected disclosure — Qualifying disclosure
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  EMPLOYMENT — Protected disclosure — Qualifying disclosure — Employee disciplined after accessing employer's computer system to demonstrate lack of security — Whether whole course of conduct continuing act of “disclosure” — Whether act of disclosure causative of disciplinary action — Employment Rights Act 1996, s 43B(1) (as inserted by Public Interest Disclosure Act 1998, s 1)

  2 Case(s) considered

  1 Words & Phrases considered

  1 Statute considered
• Meadow v General Medical Council

  17 Feb 2006 [2006] EWHC 146 (Admin); [2006] 1 WLR 1452; [2006] 2 All ER 329; [2006] 1 FLR 1161, QBD

  26 Oct 2006 [2006] EWCA Civ 1390; [2007] QB 462; [2007] 2 WLR 286; [2007] ICR 701; [2007] 1 All ER 1; [2007] 1 FLR 1398, CA

  Subsequent considerations : 1 positive; 1 negative. Subsequent citations: 150.
  EVIDENCE — Expert evidence — Immunity from suit

  MEDICAL PRACTITIONER — Discipline — “Serious professional misconduct”
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  Case index catchwords

  EVIDENCE — Expert evidence — Immunity from suit — Disciplinary proceedings brought against medical practitioner for giving flawed but honest expert evidence — Whether witness's immunity from suit extending to disciplinary proceedings — Whether mistake constituting serious professional misconduct

  MEDICAL PRACTITIONER — Discipline — “Serious professional misconduct” — Whether confined to matters of clinical practice — Whether including conduct as expert witness in criminal proceedings — Whether appeal from disciplinary panel by way of review or rehearing — Medical Act 1983, s 40 — CPR r 52.11, Pt 52 Practice Direction, para 22.3

  10 Case(s) considered

  1 Words & Phrases considered

  1 Statute considered

  1 Statutory Instrument considered