Results: 130

• 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
• Leach v Office of Communications

  13 Jul 2012 [2012] EWCA Civ 959; [2012] ICR 1269; [2012] WLR (D) 205, CA

  28 Jul 2015 Permission to appeal to Supreme Court refused

  Subsequent considerations : 1 negative. Subsequent citations: 3.
  EMPLOYMENT — Unfair dismissal — Reasonableness of dismissal
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  EMPLOYMENT — Unfair dismissal — Reasonableness of dismissal — Some other substantial reason — Formal police disclosure to employer based on unsubstantiated allegations employee posing threat to children — Employer concerned of risk to reputation dismissing employee — Employee’s work not bringing him into contact with children — Whether dismissal fair — Employment Rights Act 1996, s 98(1)(b)(4)

  1 Case considered

  1 Statute considered
• Caterpillar Logistics Services Ltd v Huesca de Crean

  02 Dec 2011 [2011] EWHC 3154 (QB), QBD (Tugendhat J)

  21 Feb 2012 [2012] EWCA Civ 156; [2012] ICR 981; [2012] 3 All ER 129; [2012] WLR (D) 40, CA

  Subsequent considerations : 1 neutral. Subsequent citations: 9.
  EMPLOYMENT — Contract of employment — Fiduciary duty
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  EMPLOYMENT — Contract of employment — Fiduciary duty — Contract restraining use of confidential information — No covenant in restraint of trade — Employee leaving to work for customer of employer — Customer renegotiating contract with employer — Whether employer entitled to injunction preventing employee from any involvement with contract — Senior Courts Act 1981, s 37

  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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  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

• Dalriada Trustees Ltd v Faulds

  15 Dec 2011 [2011] EWHC 3391 (Ch); [2012] ICR 1106; [2012] 2 All ER 734; [2011] WLR (D) 373, Ch D

  Subsequent citations: 4.
  PENSIONS — Pension scheme — Unauthorised member payments
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  PENSIONS — Pension scheme — Unauthorised member payments — Schemes operating pensions reciprocation plan — Arrangement whereby each of two unconnected occupational pension schemes lending money to member of other — Whether loans unauthorised member payments — Whether valid — Finance Act 2004, ss 164(1), 173 (as amended by Finance Act 2006, Sch 23, para 8(2))

  1 Case considered

  1 Statute considered
• Spaceright Europe Ltd v Baillavoine

  (appn all) [2012] ICR 954, SC(E)

  14 Dec 2011 [2011] EWCA Civ 1565; [2012] ICR 520; [2012] 2 All ER 812; [2011] WLR (D) 369, CA

  Subsequent considerations : 1 negative. Subsequent citations: 1.
  EMPLOYMENT — Transfer of undertaking — Unfair dismissal
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  EMPLOYMENT — Transfer of undertaking — Unfair dismissal — Administrators dismissing chief executive month before transfer — Tribunal finding dismissal to assist administrators in selling business as going concern — Whether for reason “connected with the transfer” — Whether for economic, technical or organisational reason entailing changes in workforce — Whether dismissal unfair — Transfer of Undertakings (Protection of Employment) Regulations 2006, reg 7(1)

  4 Case(s) considered

  1 Statutory Instrument considered
• 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
• 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
• Braganza v BP Shipping Ltd

  30 May 2012 [2012] EWHC 1423 (Comm); [2012] ICR D39, QBD (Teare J)

  22 Mar 2013 [2013] EWCA Civ 230; [2013] ICR D18; [2013] CN 446; [2013] 2 Lloyd’s Rep 351, CA

  18 Mar 2015 [2015] UKSC 17; [2015] 1 WLR 1661; [2015] ICR 449; [2015] 4 All ER 639; [2015] 2 Lloyd's Rep 240; [2015] IRLR 487; [2015] WLR (D) 158; The Times, 6 April 2015; [2015] Pens LR 431; Case details, SC(E)

  Subsequent considerations : 5 positive; 3 neutral; 1 negative; most recently considered: 2021. Subsequent citations: 97.
  EMPLOYMENT — Contract of employment — Death in service benefit
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  Case index catchwords

  EMPLOYMENT — Contract of employment — Death in service benefit — Benefit excluded where in employer’s opinion death resulting from deceased’s wilful act — Employer’s investigation initially unable to say whether death accident or suicide — Whether employer’s opinion deceased committed suicide reasonable

  EMPLOYMENT — Contract of employment — Death in service benefit — Benefit excluded where in employer’s opinion death resulting from deceased’s wilful act — Employee’s death either accident or suicide — Employer’s investigation team concluding suicide most likely cause — Duty on employer in forming opinion — Whether required to take into account all relevant matters — Whether employer’s finding of suicide sustainable

  7 Case(s) considered