Results: 91

• Edwards v Chesterfield Royal Hospital NHS Foundation Trust

  31 Jul 2009 [2009] EWHC 2011 (QB); [2009] IRLR 822, QBD (Nicol J)

  26 May 2010 [2010] EWCA Civ 571; [2011] QB 339; [2010] 3 WLR 1285; [2010] ICR 1181; [2010] WLR (D) 135, CA

  14 Dec 2011 [2011] UKSC 58; [2012] 2 AC 22; [2012] 2 WLR 55; [2012] ICR 201; [2012] 2 All ER 278; Case details, SC(E)

  Subsequent citations: 32.
  EMPLOYMENT — Contract of employment — Breach of contract
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  Case index catchwords

  EMPLOYMENT — Contract of employment — Breach of contract — Summary dismissal on ground of gross misconduct — Employer failing to comply with contractual disciplinary procedure — Employee unable to obtain equivalent post — Whether damages recoverable for breach of contract

  7 Case(s) considered

• Bridge Trustees Ltd v Yates (Secretary of State for Work and Pensions intervening) (Bridge Trustees Ltd v Houldsworth (Secretary of State for Work and Pensions intervening))

  (appn all) [2010] ICR 1368, SC(E)

  01 May 2008 [2008] EWHC 964 (Ch); [2008] Pen LR 261, Ch D (Sarah Asplin QC)

  04 Mar 2010 [2010] EWCA Civ 179; [2010] ICR 921; [2010] WLR (D) 65, CA (Mummery, Wilson, Rimer LJJ)

  27 Jul 2011 [2011] UKSC 42; [2011] 1 WLR 1912; [2011] ICR 1069; [2012] 1 All ER 659; [2011] WLR (D) 267; Case details, SC(E) (Lord Walker of Gestingthorpe, Baroness Hale of Richmond, Lord Mance, Lord Clarke of Stone-cum-Ebony JJSC, Lord Collins of Mapesbury)

  Subsequent citations: 3.
  TRUSTS — Pension scheme — Underprovision
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  Case index catchwords

  TRUSTS — Pension scheme — Underprovision — Salary related scheme restructured to provide benefits related to members’ contributions and matching credits from employer — Whether benefits attributable to employer's credits “derived from” member's voluntary contributions — Whether money purchase benefits — Whether features of scheme precluding benefits from being money purchase benefits — Pension Schemes Act 1993, s 181(1) — Pensions Act 1995, s 73 — Occupational Pension Schemes (Winding up) Regulations 1996, reg 13

  4 Case(s) considered

  2 Statutes considered

  1 Statutory Instrument considered
• Duncombe v Secretary of State for Children, Schools and Families

  14 Dec 2009 [2009] EWCA Civ 1355; [2010] ICR 815; [2010] 4 All ER 335; [2009] WLR (D) 364, CA

  30 Mar 2011 [2011] UKSC 14; [2011] ICR 495; [2011] 2 All ER 417; Case details, SC(E)

  15 Jul 2011 (No 2) [2011] UKSC 36; [2011] ICR 1312; [2011] 4 All ER 1020; Case details, SC(E)

  Subsequent considerations : 3 positive; 3 neutral. Subsequent citations: 20.
  EMPLOYMENT — Unfair dismissal — Excluded classes
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  Case index catchwords

  EMPLOYMENT — Unfair dismissal — Excluded classes — Work outside Great Britain — British teacher employed by UK Government to work at EU school in Germany — Whether jurisdiction to hear unfair dismissal claim — Employment Rights Act 1996, s 94(1)

  3 Case(s) considered

  1 Statute considered

• Coutinho v Rank Nemo (DMS) Ltd

  20 May 2009 [2009] EWCA Civ 454; [2009] ICR 1296; [2009] WLR (D) 163, CA

  09 Dec 2009 (appn dis) [2010] ICR 212, SC(E)

  DISCRIMINATION — Employment — Former employee
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  Case index catchwords

  DISCRIMINATION — Employment — Former employee — Award of compensation against respondent transferee for race discrimination and unfair dismissal by transferor — Respondent failing to pay award despite county court judgment — Claim of victimisation in retaliation for earlier proceedings — Whether claimant's status as former employee or judgment creditor precluding claim — Whether employment tribunal jurisdiction to consider claim — Race Relations Act 1976, s 2(1)

  1 Case considered

  1 Statute considered

• R (Public and Commercial Services Union) v Minister for the Civil Service

  10 May 2010 [2010] EWHC 1027 (Admin); [2010] ICR 1198; [2011] 3 All ER 54; [2010] WLR (D) 117, QBD (Sales J)

  18 Jun 2010 [2010] EWHC 1463 (Admin); [2010] ICR 1198; [2011] 3 All ER 73, QBD (Sales J (supplementary judgment))

  Subsequent citations: 8.
  EMPLOYMENT — Pension scheme — Amendment
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  Case index catchwords

  EMPLOYMENT — Pension scheme — Amendment — Scheme providing discretionary benefits on redundancy and compulsory early retirement — Long standing practice of paying such benefits — Whether “rights which have accrued” — Whether amendments requiring union consent — Superannuation Act 1972, s 2(3) (as amended by Pensions (Miscellaneous Provisions) Act 1990, s 9)

  1 Words & Phrases considered

  1 Statute considered
• Joseph v Spiller

  22 May 2009 [2009] EWHC 1152 (QB), QBD (Eady J)

  22 Oct 2009 [2009] EWCA Civ 1075; [2010] ICR 642; [2009] WLR (D) 306, CA

  01 Dec 2010 (Associated Newspapers Ltd intervening) [2010] UKSC 53; [2011] 1 AC 852; [2010] 3 WLR 1791; [2011] ICR 1; [2011] 1 All ER 947; [2010] WLR (D) 310; Case details, SC(E)

  Subsequent considerations : 1 neutral; most recently considered: 2022. Subsequent citations: 53.
  EMPLOYMENT — Contract of employment — Illegality

  DEFAMATION — Fair comment — Test of fairness
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  Case index catchwords

  EMPLOYMENT — Contract of employment — Illegality — Work-seeker entering into online agreement with entertainment agency— Agreement referring work-seeker to separate document containing terms and conditions of hire— Work-seeker directly re-engaged by hirer in breach of hire condition— Agency publishing statement on website alleging claimants untrustworthy— Whether condition unenforceable by reason of breach of statutory requirement for terms of work-seeker’s agreement in single document— Whether statement fair comment— Conduct of Employment Agencies and Employment Business Regulations 2003 (SI 2003/3319), reg 14(2)

  DEFAMATION — Fair comment — Test of fairness — Posting on defendants’ website stating claimants in breach of contract and warning of their liability to break contracts— No particulars of alleged breach given— Whether defendants entitled to rely on alleged breach to support comment— Whether defence of fair comment requiring sufficient detail in statement to allow reader to judge if comment well founded— Defence to be renamed “honest comment”

  6 Case(s) considered

  1 Words & Phrases considered

  1 Statutory Instrument considered

• X v Mid Sussex Citizens Advice Bureau

  30 Oct 2009 [2010] ICR 423, EAT

  26 Jan 2011 (Equality and Human Rights Commission intervening) [2011] EWCA Civ 28; [2011] ICR 460; [2011] WLR (D) 15, CA

  01 Aug 2011 (appn all) [2011] ICR 1156, SC(E)

  12 Dec 2012 [2012] UKSC 59; [2013] ICR 249; [2013] 1 All ER 1038; Case details, SC(E)

  Subsequent citations: 7.
  DISCRIMINATION — Employment — Volunteer
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  Case index catchwords

  DISCRIMINATION — Employment — Volunteer — Unpaid volunteer at advice bureau working under non-binding agreement — Whether person whom bureau “employs” for purposes of protection from discrimination — Whether voluntary work “occupation” — Whether Community prohibition of discrimination requiring protection for voluntary workers — Whether arrangement for “purpose of determining to whom [bureau] should offer employment” — Disability Discrimination Act 1995, ss 4(1)(a)(2), 68(1) (as substituted by Disability Discrimination Act 1995 (Amendment) Regulations 2003, reg 5) — Council Directive 2000/78/EC, art 3(1)(a)

  DISCRIMINATION — Employment — Volunteer — Unpaid volunteer at advice bureau working under non-binding agreement — Whether arrangement for “purpose of determining to whom [bureau] should offer employment” — Whether European Union prohibition of discrimination requiring protection for voluntary workers — Whether volunteer “worker” — Whether voluntary work “occupation” — Whether “vocational training” — Disability Discrimination Act 1995, ss 4(1)(a)(2), 68(1) (as substituted by Disability Discrimination Act 1995 (Amendment) Regulations 2003, reg 5) — Council Directive 2000/78/EC, art 3(1)(a)

  DISCRIMINATION — Employment — Volunteer — Unpaid volunteer at advice bureau working under non-binding agreement — Whether European Union prohibition of discrimination requiring protection for voluntary workers — Whether voluntary work “occupation” — Whether jurisdiction to hear claim — Disability Discrimination Act 1995, ss 4(1)(a)(2), 68(1) (as substituted by Disability Discrimination Act 1995 (Amendment) Regulations 2003, reg 5) — Council Directive 2000/78/EC, art 3(1)(a)

  5 Case(s) considered

  5 Words & Phrases considered

  1 EU Enactment considered

  1 Statute considered
• Kulkarni v Milton Keynes Hospital NHS Foundation Trust

  23 Jul 2009 [2009] EWCA Civ 789; [2010] ICR 101; [2009] WLR (D) 257, CA

  Subsequent considerations : 1 negative. Subsequent citations: 18.
  MEDICAL PRACTITIONER — Discipline — Legal representation
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  Case index catchwords

  MEDICAL PRACTITIONER — Discipline — Legal representation — Contract permitting representative at disciplinary hearing “from or retained by” defence organisation not acting “formally in a legal capacity” — Employer refusing to allow representation by lawyer instructed by defence organisation — Whether breach of contract

  1 Case considered

  2 Words & Phrases considered

  1 International Agreement considered

• Secretary of State for Children, Schools and Families v Fletcher (No 2)

  30 Sep 2008 UKEAT/95/08; [2009] ICR 102; [2008] 3 CMLR 47, EAT (Judge McMullen QC, Mr I Ezekiel and Mr P Smith)

  14 Dec 2009 [2009] EWCA Civ 1355; [2010] ICR 815; [2010] 4 All ER 335, CA (Mummery, Maurice Kay, Jacob LJJ)

  30 Mar 2011 [2011] UKSC 14; [2011] ICR 495; [2011] 2 All ER 417; [2011] WLR (D) 114; Case details, SC(E) (Lord Rodger of Earlsferry, Baroness Hale of Richmond, Lord Mance, Lord Collins of Mapesbury and Lord Clarke of Stone-cum-Ebony JJSC)

  Subsequent citations: 5.
  DISCRIMINATION — Fixed-term employee — Justification
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  Case index catchwords

  DISCRIMINATION — Fixed-term employee — Justification — Teacher at school established under treaty by European Communities and member states — Employment on series of fixed-term contracts lasting 9 years — Staff regulations restricting employment to 9 years — Whether fixed-term contract justified on objective grounds — Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002, reg 8(2) — Council Directive 99/70/EC, Annex, cl 5

  7 Case(s) considered

  2 EU Enactments considered

  1 Statute considered

  1 Statutory Instrument considered

• Independent Trustee Services Ltd v Hope

  10 Nov 2009 [2009] EWHC 2810 (Ch); [2010] ICR 553; [2009] WLR (D) 325, Ch D

  Subsequent citations: 4.
  TRUSTS — Pension scheme — Underprovision
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  Case index catchwords

  TRUSTS — Pension scheme — Underprovision — Scheme significantly underfunded and sponsoring employer insolvent — Proposal to apply bulk of assets in purchasing annuities for group of members before entering Pension Protection Fund — Whether permissible — Whether trustee entitled to take into account prospective compensation from Fund — Pensions Act 2004, s 127(1), (2) — Council Directive 80/987/EEC, art 8

  1 EU Enactment considered

  1 Statute considered