Results: 128

• Verma v Barts and The London NHS Trust

  24 Apr 2013 (NHS Employers intervening) [2013] UKSC 20; [2013] ICR 727; [2013] WLR (D) 152; Case details, SC(E)

  EMPLOYMENT — Contract of employment — Pay protection
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  EMPLOYMENT — Contract of employment — Pay protection — Part-time locum doctor paid per session taking up full-time NHS training post at lower rate of pay — Applicable terms and conditions of employment providing pay protection — Whether protecting annual amount actually received in previous post or hourly rate of pay — Whether doctor entitled to be paid for all hours in new full-time post at previous part-time hourly rate

  1 Case 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
• Dumfries and Galloway Council v North

  25 May 2009 [2009] ICR 1363, EAT(Sc)

  07 Jan 2011 [2011] CSIH 2; 2011 SLT 203; 2011 SC 372, Ct of Sess

  26 Jun 2013 (Equality and Human Rights Commission intervening) [2013] UKSC 45; [2013] ICR 993; [2013] 4 All ER 413; [2013] WLR (D) 264; Case details; 2013 SC (UKSC) 298, SC

  Subsequent considerations : 2 positive. Subsequent citations: 5.
  DISCRIMINATION — Sex — Equal pay

  EMPLOYMENT — Equal pay claim — Female teaching assistants and nursery nurses selecting male groundsmen and refuse collectors as comparators

  STATUTE — Construction of sec 1(6) of Equal Pay Act 1970 — Whether test of “real possibility” of male comparators working at same establishment as female comparators required by sec 1(6)

  EMPLOYMENT — Equal pay — Same employment
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  DISCRIMINATION — Sex — Equal pay — Same employment — Claimants employed at council schools — Male comparators employed at council depots under different collective agreement — Whether comparison permissible where no possibility of comparators doing their jobs at schools — Whether comparators in “same employment” — Equal Pay Act 1970, s 1(6) (as amended by Sex Discrimination Act 1975, Sch 1, para 1(1))

  EMPLOYMENT — Equal pay claim — Female teaching assistants and nursery nurses selecting male groundsmen and refuse collectors as comparators — Whether comparators to be treated as in “same employment” for purposes of legislation

  STATUTE — Construction of sec 1(6) of Equal Pay Act 1970 — Whether test of “real possibility” of male comparators working at same establishment as female comparators required by sec 1(6) — Equal Pay Act 1970 (cap 41), sec 1(6)

  EMPLOYMENT — Equal pay — Same employment — Comparator neither employed under same terms and conditions nor in same establishment

  4 Case(s) considered

  1 Words & Phrases considered

  1 Statute considered
• Alfa Laval Tumba AB v Separator Spares International Ltd

  04 May 2012 [2012] EWHC 1155 (Ch); [2012] FSR 34 (p 912), Ch D (Briggs J)

  29 Nov 2012 [2012] EWCA Civ 1569; [2013] 1 WLR 1110; [2013] ICR 455; [2013] 2 All ER 463; [2013] 2 All ER (Comm) 177; [2012] WLR (D) 263, CA

  Subsequent considerations : 1 positive; 1 neutral; most recently considered: 2022. Subsequent citations: 13.
  CONFLICT OF LAWS — Jurisdiction under Council Regulation — Employment
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  CONFLICT OF LAWS — Jurisdiction under Council Regulation — Employment — Employer’s claim of misuse of confidential information against employee domiciled in Poland — Claim pleaded without reference to contract of employment — Whether matter “relating to” contract of employment — Whether English court having jurisdiction — Council Regulation (EC) No 44/2001, arts 18(1), 20(1)

  2 Case(s) considered

  1 Words & Phrases considered

  1 EU Enactment 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
• Geys v Société Générale, London Branch

  30 Mar 2011 [2011] EWCA Civ 307; [2011] IRLR 482, CA

  19 Dec 2012 [2012] UKSC 63; [2013] 1 AC 523; [2013] 2 WLR 50; [2013] ICR 117; [2013] 1 All ER 1061; [2012] WLR (D) 394; Case details, SC(E)

  Subsequent considerations : 1 positive; 1 neutral; 1 negative; most recently considered: 2017. Subsequent citations: 57.
  EMPLOYMENT — Contract of employment — Repudiation
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  Case index catchwords

  EMPLOYMENT — Contract of employment — Repudiation — Employee summarily dismissed in breach of contract — Payment in lieu of notice subsequently paid into employee’s bank account — Employee seeking to affirm contract — Whether express and immediate dismissal automatically terminating contract — Whether employer validly exercising contractual right to dismiss by paying payment in lieu of notice into bank account

  4 Case(s) considered

• Gilgrove Ltd v Hay

  10 Apr 2012 [2012] ICR 1171, EAT

  26 Apr 2013 [2013] EWCA Civ 412; [2013] ICR 1139; [2013] WLR (D) 220, CA

  EMPLOYMENT — Wages — Deductions
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  Case index catchwords

  EMPLOYMENT — Wages — Deductions — Collective agreement providing for pool of gratuities to be shared by market porters — All porters at time subject to registration — Employers subsequently employing unregistered porters — Employers sharing pool between all porters — Whether “porter” in agreement limited to those registered — Whether resulting reduced share unauthorised deduction from wages of registered porters — Employment Rights Act 1996, s 13

  1 Case considered

  1 Statute considered
• Ministry of Justice (formerly Department for Constitutional Affairs) v O’Brien

  19 Dec 2008 [2008] EWCA Civ 1448; [2009] ICR 593, CA

  06 Feb 2013 (Council of Immigration Judges intervening) [2013] UKSC 6; [2013] 1 WLR 522; [2013] ICR 499; [2013] 2 All ER 1; [2013] WLR (D) 47; Case details, SC(E)

  Subsequent considerations : 3 positive; 1 neutral. Subsequent citations: 57.
  DISCRIMINATION — Part-time worker — Judicial office holder
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  Case index catchwords

  DISCRIMINATION — Part-time worker — Judicial office holder — Part-time fee-paid recorder — Whether “worker who has ... employment relationship” — No pension provision for recorders — Whether justified — Claim for entitlement to pension — When time starting to run — Wheher time to be extended — Whether recorder entitled to pro rata pension of full-time salaried judge — Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000, regs 1(2), 5, 8(2)((3), 17 — Council Directive 97/81/EC, Annex, cll 2.1, 4, recital (16)

  3 Case(s) considered

  2 Words & Phrases considered

  1 EU Enactment considered

  1 Statutory Instrument considered
• Rowstock Ltd v Jessemey

  05 Mar 2013 (Equality and Human Rights Commission intervening) [2013] ICR 807, EAT

  26 Feb 2014 [2014] EWCA Civ 185; [2014] 1 WLR 3615; [2014] ICR 550; [2014] 3 All ER 409; [2014] WLR (D) 101, CA

  Subsequent considerations : 1 positive; 1 negative. Subsequent citations: 21.
  DISCRIMINATION — Employment — Former employee
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  Case index catchwords

  DISCRIMINATION — Employment — Former employee — Claimant dismissed on ground of age — Employer subsequently providing adverse reference — Claim of victimisation in response to claimant’s unfair dismissal proceedings — Whether jurisdiction to consider post-employment victimisation — Equality Act 2010, s 108(7)

  DISCRIMINATION — Employment — Former employee — Claim unfairly dismissed on ground of age — Employer subsequently providing adverse reference — Claim of victimisation in response to unfair dismissal proceedings — Whether jurisdiction to consider post-employment victimisation — Equality Act 2010, s 108(7)

  6 Case(s) considered

  1 Statute considered
• Vestergaard Frandsen A/S v Bestnet Europe Ltd

  25 Apr 2013 [2013] EWCA Civ 428; [2013] CN 613, CA

  22 May 2013 [2013] UKSC 31; [2013] 1 WLR 1556; [2013] ICR 981; [2013] 4 All ER 781; [2013] WLR (D) 200; Case details, SC(E)

  Subsequent considerations : 2 positive. Subsequent citations: 40.
  CONFIDENTIAL INFORMATION — Breach of confidence — Trade secrets
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  Case index catchwords

  CONFIDENTIAL INFORMATION — Breach of confidence — Trade secrets — Former employee of claimants starting new business which developed product using claimants’ trade secrets — Former employee not knowing trade secrets and unaware that they were being misused — Whether in breach of express or implied terms of employment contract with claimants — Whether party to common design involving misuse of trade secrets — Whether liable to claimants for misuse of their confidential information

  5 Case(s) considered