Results: 99

• British Airways plc v Williams (Williams and Others v British Airways plc.)

  28 Feb 2008 [2008] ICR 779, EAT

  03 Apr 2009 [2009] EWCA Civ 281; [2009] ICR 906, CA

  24 Mar 2010 [2010] UKSC 16; [2010] 2 All ER 1053; Case details, SC(E)

  15 Sep 2011 (Case C-155/10); EU:C:2011:588; [2012] ICR 847; [2011] WLR (D) 282, ECJ

  17 Oct 2012 [2012] UKSC 43; [2012] ICR 1375; [2013] 1 All ER 443; [2012] WLR (D) 277, SC(E)

  Subsequent considerations : 2 positive; 1 neutral. Subsequent citations: 14.
  EMPLOYMENT — Working time provisions — Paid annual leave
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  EMPLOYMENT — Working time provisions — Paid annual leave — Airline pilots receiving supplementary payments additional to basic pay when working — Payments including allowance for expense of working away from base — Pay during leave to include element for supplements intrinsically linked to work to be carried out — Element to be assessed as average over representative period of all remuneration save where allowance intended exclusively to cover costs — No domestic legislative scheme — Whether for employer to undertake assessment — Whether otherwise employment tribunal able to make assessment — Civil Aviation (Working Time) Regulations 2004, regs 4, 18 — Council Directive 2000/79/EC, Annex, cl 3 — Parliament and Council Directive 2003/88/EC, art 7

  7 Case(s) considered

  4 EU Enactments considered

  1 Statutory Instrument considered

• Smith v Northamptonshire County Council

  11 Mar 2008 [2008] EWCA Civ 181; [2008] ICR 826, CA

  14 Jul 2008 (pet all) [2008] ICR 1358, HL(E)

  20 May 2009 [2009] UKHL 27; [2009] ICR 734; [2009] 4 All ER 557; [2009] WLR (D) 165, HL(E)

  Subsequent citations: 3.
  HEALTH AND SAFETY — Employer’s liability — Work equipment
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  HEALTH AND SAFETY — Employer’s liability — Work equipment — Carer regularly collecting client for day care — Injured pushing client in wheelchair on ramp at client's house — Whether ramp “work equipment” — Whether “equipment … used by an employee … at work” — Whether employer in breach of statutory duty to maintain — Provision and Use of Work Equipment Regulations 1998, regs 2(1), 3(2), 5(1)

  3 Case(s) considered

  3 Words & Phrases considered

  2 Statutory Instruments considered
• New Testament Church of God v Stewart

  27 Oct 2006 [2007] IRLR 178, EAT

  19 Oct 2007 [2007] EWCA Civ 1004; [2008] ICR 282, CA

  Subsequent considerations : 2 positive. Subsequent citations: 9.
  EMPLOYMENT — Contract of employment — Church minister
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  EMPLOYMENT — Contract of employment — Church minister — Minister performing spiritual and administrative duties as pastor of local church — Minister's pastorate terminated — Claim for unfair dismissal — Whether minister “employee” — Employment Rights Act 1996, s 230 — Human Rights Act 1998, Sch 1, Pt I, art 9

  5 Case(s) considered

  1 Words & Phrases considered

  2 Statutes considered

• R v Chargot Ltd (trading as Contract Services)

  13 Dec 2007 [2007] EWCA Crim 3032; [2008] ICR 517; [2008] 2 All ER 1077, CA

  23 Apr 2008 (pet all) [2008] UKHL 73; [2009] 1 WLR 1; [2008] ICR 825; [2009] ICR 263; [2009] 2 All ER 645, HL(E)

  Subsequent citations: 21.
  HEALTH AND SAFETY — Statutory offence — Burden of proof
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  HEALTH AND SAFETY — Statutory offence — Burden of proof — Employee killed while driving dumper truck on building site — Employer and principal contractor charged with breach of duty not to expose to risk to health or safety — Whether sufficient for prosecution to prove risk of danger for burden to transfer to defendants to establish not reasonably practicable to do more — Whether necessary to identify scope of duty by reference to specific failures — Health and Safety at Work etc Act 1974, ss 2(1), 3(1), 40

  6 Case(s) considered

  2 Statutes considered

• R v P

  11 Dec 2000 [2002] 1 AC 146; [2001] 2 WLR 463; [2001] 2 All ER 58; [2001] 2 Cr App R 121, HL(E)

  Subsequent citations: 29.
  CRIME — Evidence — Telephone intercept
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  CRIME — Evidence — Telephone intercept — Recordings of telephone conversations between national of European country and British appellants — Intercepts and recordings made in European country in accordance with local law — Whether recordings admissible in evidence at trial of appellants on drugs charges — Whether breach of appellants' rights — Whether public policy requiring exclusion — Police and Criminal Evidence Act 1984, s 78(1)(2) — Convention for the Protection of Human Rights and Fundamental Freedoms (1953), arts 6, 8

  5 Case(s) considered

  1 Statute considered

  1 International Agreement considered
• R v Porter (James)

  19 May 2008 [2008] EWCA Crim 1271; [2008] ICR 1259, CA

  Subsequent considerations : 1 neutral. Subsequent citations: 9.
  HEALTH AND SAFETY — Statutory offence — Employer's liability
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  HEALTH AND SAFETY — Statutory offence — Employer's liability — Duty not to expose public to risks to health or safety — Young child injured on school playground steps — Whether exposed to risk by school's lack of supervision — Whether requirement to guard against risks of everyday life — Health and Safety at Work etc Act 1974, s 3(1)

  1 Statute considered

• Jurkowska v Hlmad Ltd

  19 Mar 2008 [2008] EWCA Civ 231; [2008] ICR 841, CA

  Subsequent citations: 14.
  INDUSTRIAL RELATIONS — Employment Appeal Tribunal — Appeal to
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  INDUSTRIAL RELATIONS — Employment Appeal Tribunal — Appeal to — Application for extension of time in which to appeal — Appellant failing to include formal judgment of employment tribunal with notice of appeal — Missing document faxed to appeal tribunal half an hour after expiry of time limit — Whether time to be extended — Employment Appeal Tribunal Rules 1993, rr 2A (as inserted by Employment Appeal Tribunal (Amendment) Rules 2004, r 3), 37(1)

  1 Case considered

  1 Statutory Instrument considered
• Samengo-Turner v J & H Marsh & McLennan (Services) Ltd

  12 Jul 2007 [2007] EWCA Civ 723; [2008] ICR 18; [2007] 2 All ER (Comm) 813, CA

  Subsequent considerations : 1 negative. Subsequent citations: 18.
  CONFLICT OF LAWS — Jurisdiction — Stay of foreign proceedings
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  CONFLICT OF LAWS — Jurisdiction — Stay of foreign proceedings — UK domiciled employees of English company sued in USA court by companies within same group — Proceedings relating to incentive bonus agreement — Whether proceedings “relating to individual contracts of employment” — Whether proceedings by “employer” — Whether anti-suit injunction restraining USA proceedings to be granted — Council Regulation (EC) No 44/2001, arts 18, 20

  2 Words & Phrases considered

  1 EU Enactment considered

• Bird v Sylvester

  04 Oct 2007 [2007] EWCA Civ 1052; [2008] ICR 208, CA

  DISCRIMINATION — Race — Aiding unlawful acts
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  DISCRIMINATION — Race — Aiding unlawful acts — Employee bringing unsuccessful race discrimination claim against employer — Employer's solicitors advising employer to commence disciplinary proceedings and writing to employee to inform her of proceedings — Whether solicitors knowingly aiding discrimination — Race Relations Act 1976, s 33

  1 Case considered

  1 Statute considered
• R (Malik) v Waltham Forest NHS Primary Care Trust

  17 Mar 2006 [2006] EWHC 487 (Admin); [2006] ICR 1111; [2006] 3 All ER 71, QBD (Collins J)

  28 Mar 2007 [2007] EWCA Civ 265; [2007] 1 WLR 2092; [2007] ICR 1101; [2007] 4 All ER 832, CA (Auld, Rix and Moses LJJ)

  06 Dec 2007 (pet dis) [2008] 1 WLR 17; [2008] ICR 144, HL(E)

  Subsequent considerations : 1 neutral. Subsequent citations: 29.
  HUMAN RIGHTS — Right to peaceful enjoyment of possessions — Medical practitioner

  MEDICAL PRACTITIONER — Performers list — Suspension
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  Case index catchwords

  HUMAN RIGHTS — Right to peaceful enjoyment of possessions — Medical practitioner — General practitioner unlawfully suspended from performers list — Suspension depriving practitioner of right to practise within NHS — Whether inclusion on list “possession” — Human Rights Act 1998, Sch 1, Pt II, art 1 — National Health Service (Performers Lists) Regulations 2004, reg 13 — Primary Medical Services (Sales of Goodwill and Restrictions on Sub-contracting) Regulations 2004, reg 3

  MEDICAL PRACTITIONER — Performers list — Suspension — Medical practitioner suspended from list pending investigation — Suspension imposed in breach of procedure — Primary care trust annulling suspension and imposing new suspension — Whether six-month limit on interim suspension running from initial decision to suspend — Whether suspension lawful — Whether right to practise “possession” — Whether breach of practitioner's rights to fair hearing and peaceful enjoyment of possessions — National Health Service (Performers Lists) Regulations 2004, reg 13 — Convention for the Protection of Human Rights and Fundamental Freedoms (1953), art 6, First Protocol, art 1

  8 Case(s) considered

  1 Words & Phrases considered

  1 Statute considered

  2 Statutory Instruments considered

  1 International Agreement considered