Results: 110

• 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

• Copple v Littlewoods plc

  23 Dec 2010 [2011] ICR 296, EAT

  08 Nov 2011 [2011] EWCA Civ 1281; [2012] ICR 354; [2012] 2 All ER 97; [2011] WLR (D) 319, CA

  DISCRIMINATION — Sex — Equal pay
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  Case index catchwords

  DISCRIMINATION — Sex — Equal pay — Pension scheme — Part-time employees excluded from voluntary pension scheme — Equality clause to be implied while scheme remaining discriminatory — Whether employees who would not have joined entitled to declaration of entitlement to access during period scheme closed to them — Whether declarations in favour of employees who would have joined continuing once scheme open to them — Whether remedy of discretionary declaration sufficient — Equal Pay Act 1970, s 1(1)(2) (as substituted by Sex Discrimination Act 1975, s 8(1)) — Occupational Pension Schemes (Equal Access to Membership) Regulations 1976, regs 10(1), 12

  3 Case(s) considered

  1 Statute considered

  1 Statutory Instrument considered

• R (Shoesmith) v Ofsted

  23 Apr 2010 [2010] EWHC 852 (Admin); [2011] PTSR D13; [2010] WLR (D) 102, QBD

  27 May 2011 [2011] EWCA Civ 642; [2011] ICR 1195; [2011] PTSR 1459; [2011] LGR 649; [2011] WLR (D) 184, CA

  Subsequent citations: 25.
  CHILDREN — Children's services — Ministerial directions
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  Case index catchwords

  CHILDREN — Children's services — Ministerial directions — Ofsted inspection and report into functioning of local authority child care services — Secretary of State’s directions requiring local authority to remove claimant from office as director of children’s services — Local authority summarily dismissing claimant — Whether failure of Ofsted to provide claimant with proper opportunity for discussion rendering inspection unlawful — Whether Secretary of State’s reliance on Ofsted report and failure to afford claimant opportunity to be heard rendering claimant’s removal from office unlawful — Whether local authority acting unlawfully in terminating claimant’s contract of employment — Whether judicial review of termination of employment contract appropriate — Education Act 1996 (c 56), s 497A(4B) (as inserted by School Standards and Framework Act 1998 (c 31), s 8, amended by Education Act 2002 (c 32), s 60 and modified by Children Act 2004 (c 31), s 50) — Children Act 2004 (c 31), s 20(1)(b)(5)(6)

  1 Case considered

  2 Statutes 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
• Seldon v Clarkson Wright & Jakes

  19 Dec 2008 UKEAT/0063/08; [2009] 3 All ER 435, EAT

  28 Jul 2010 (Secretary of State for Business, Innovation and Skills intervening) [2010] EWCA Civ 899; [2011] ICR 60; [2011] 1 All ER 770; [2010] WLR (D) 206, CA (Laws, Hughes LJJ, Sir Mark Waller)

  09 Feb 2011 (appn all) [2011] ICR 351, SC(E)

  25 Apr 2012 [2012] UKSC 16; [2012] ICR 716; [2012] 3 All ER 1301; [2012] WLR (D) 124; Case details, SC(E)

  Subsequent considerations : 3 positive; 3 neutral; 1 negative; most recently considered: 2021. Subsequent citations: 34.
  DISCRIMINATION — Age — Mandatory retirement age

  DISCRIMINATION — Age — Partnership
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  Case index catchwords

  DISCRIMINATION — Age — Mandatory retirement age — Partnership agreement requiring solicitor to retire at 65 — Whether justified — Employment Equality (Age) Regulations 2006, regs 3(1), 17(1) — Council Directive 2000/78/EC, art 6(1)

  DISCRIMINATION — Age — Partnership — Partnership agreement requiring solicitor to retire at 65 — Whether justified — Employment Equality (Age) Regulations 2006 (SI 2006/1031), reg 3(1) — Council Directive 2000/78/EC, art 6(1)

  6 Case(s) considered

  1 EU Enactment considered

  1 Statutory Instrument considered

• Key2Law (Surrey) LLP v De’Antiquis

  16 Feb 2011 [2011] ICR 781, EAT (Underhill J (President), Mr I Ezekiel, Mr P Smith)

  20 Dec 2011 (Secretary of State for Business, Innovation and Skills intervening) [2011] EWCA Civ 1567; [2012] ICR 881; [2011] WLR (D) 381, CA

  Subsequent citations: 7.
  EMPLOYMENT — Transfer of undertaking — Protection of employees
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  Case index catchwords

  EMPLOYMENT — Transfer of undertaking — Protection of employees — Sale by administrator — Whether administration “insolvency proceedings … instituted with a view to the liquidation of the assets of the transferor” — Whether liabilities in respect of employees transferring to transferee — Insolvency Act 1986, Sch B1, para 3 — Transfer of Undertakings (Protection of Employment) Regulations 2006, regs 4, 7, 8(7) — Council Directive 2001/23/EC, art 5.1

  2 Case(s) considered

  1 Words & Phrases considered

  1 EU Enactment considered

  1 Statute considered

  1 Statutory Instrument 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
• R (G) v Governors of X School

  18 Mar 2009 [2009] EWHC 504 (Admin); [2009] PTSR 1291; [2009] LGR 799, QBD (Stephen Morris QC)

  20 Jan 2010 (Secretary of State for Children, Schools and Families intervening) [2010] EWCA Civ 1; [2010] 1 WLR 2218; [2010] PTSR 1435; [2010] 2 All ER 555; [2010] LGR 207; [2010] WLR (D) 4, CA

  29 Jun 2011 (Secretary of State for the Home Department intervening) [2011] UKSC 30; [2012] 1 AC 167; [2011] 3 WLR 237; [2011] ICR 1033; [2011] PTSR 1230; [2011] 4 All ER 625; [2011] LGR 849; [2011] 2 Cr App R 206; [2011] WLR (D) 211; Case details, SC(E)

  Subsequent considerations : 1 positive; 1 neutral. Subsequent citations: 37.
  HUMAN RIGHTS — Fair trial — Legal representation
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  Case index catchwords

  HUMAN RIGHTS — Fair trial — Legal representation — Disciplinary proceedings — School governors dismissing teaching assistant for alleged inappropriate relationship with child undergoing work experience at school — Governors refusing to allow legal representation at disciplinary hearings — Governors’ decision to dismiss resulting in referral to Independent Safeguarding Authority — Authority having power to prohibit teaching assistant working with children — Whether disciplinary proceedings determinant of civil right to practise profession — Whether denial of legal Representation breach of Convention right to fair hearing — Human Rights Act 1998, Sch I, Pt I, art 6.1 — Education Act 2002, s 142 — Safeguarding Vulnerable Groups Act 2006 (as amended by Policing and Crime Act 2009, s 81 (1)(3)(m)(i)), ss (2), Sch 3, Pt I

  6 Case(s) considered

  1 Words & Phrases considered

  4 Statutes considered