Results: 105

• University of Stirling v University and College Union

  29 Apr 2015 [2015] UKSC 26; [2015] ICR 567; [2016] 1 All ER 524; [2015] WLR (D) 188; Case details; 2015 SC (UKSC) 121, SC (Lady Hale DPSC, Lord Wilson JSC, Lord Sumption JSC, Lord Reed JSC, Lord Hughes JSC)

  Subsequent considerations : 1 neutral. Subsequent citations: 3.
  EMPLOYMENT — Redundancy — Consultation

  EMPLOYMENT — Limited term contracts — Dismissal of employees on termination of contracts
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  EMPLOYMENT — Redundancy — Consultation — Academic staff dismissed on expiry of limited term contracts — Union claiming employer failing to consult — Whether reason for dismissal “related to the individual” — Whether employees dismissed “as redundant” — Trade Union and Labour Relations (Consolidation) Act 1992, ss 188(1) (as substituted by Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 1995, reg 3), 195(1) (as substituted by Trade Union Reform and Employment Rights Act 1993, s 34(5))

  EMPLOYMENT — Limited term contracts — Dismissal of employees on termination of contracts — Whether dismissals for a reason related to individuals concerned

  1 Case considered

  2 Words & Phrases considered

  1 Statute considered
• Webber v Department for Education

  19 Dec 2014 [2014] EWHC 4240 (Ch); [2015] ICR 544; [2015] WLR (D) 14, Ch D (Nugee J)

  Subsequent considerations : 1 neutral. Subsequent citations: 4.
  PENSIONS — Teachers’ pension scheme — Overpayment
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  PENSIONS — Teachers’ pension scheme — Overpayment — Teacher returning to work after taking pension on early retirement — Certificate of re-employment completed but failure to keep administrator informed each tax year — Pension and earnings exceeding limit before abatement resulting in overpayment of pension — Administrator six years later demanding repayment — Teacher complaining to ombudsman relying on change of position defence — Whether entitled to benefit of defence — Whether ombudsman’s refusal to hold oral hearing appropriate — Whether administrator able with due diligence to discover overpayments earlier — Whether recovery of some payments statute-barred — Limitation Act 1980, s 32(1)

  2 Case(s) considered

  2 Statutes considered
• Federación de Servicios Privados del sindicato Comisiones obreras (CC OO) v Tyco Integrated Security SL

  10 Sep 2015 (Case C-266/14); EU:C:2015:391; EU:C:2015:578; [2015] ICR 1159; [2015] WLR (D) 380, ECJ

  Subsequent considerations : 2 positive; 1 neutral. Subsequent citations: 10.
  EMPLOYMENT — Working time provisions — Working time

  EUROPEAN UNION — Reference for a preliminary ruling — Social policy
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  EMPLOYMENT — Working time provisions — Working time — Employees provided with vehicles to travel to customers’ premises — No fixed or habitual place of work — Employer issuing instructions to employees by mobile phone — Whether time spent travelling between employees’ homes and customers “working time” — Parliament and Council Directive 2003/88/EC, art 2, point 1

  EUROPEAN UNION — Reference for a preliminary ruling — Social policy — Directive 2003/88/EC — Protection of the safety and health of workers — Organisation of working time — Point (1) of Article 2 — Concept of ‘working time’ — Workers who are not assigned a fixed or habitual place of work — Time spent travelling between the workers’ homes and the premises of the first and last customers

  2 Case(s) considered

  1 Words & Phrases considered

  1 EU Enactment considered
• Benkharbouche v Embassy of the Republic of Sudan (Janah v Libya)

  04 Oct 2013 UKEAT/401/12; [2014] ICR 169, EAT

  05 Feb 2015 (Secretary of State for Foreign and Commonwealth Affairs intervening) [2015] EWCA Civ 33; [2016] QB 347; [2015] 3 WLR 301; [2015] 3 WLR 301; [2015] ICR 793; [2016] 1 All ER 816; [2015] WLR (D) 83, CA

  18 Oct 2017 (Secretary of State for Foreign and Commonwealth Affairs intervening) [2017] UKSC 62; [2019] AC 777; [2017] 3 WLR 957; [2017] ICR 1327; [2018] 1 All ER 662; [2017] WLR (D) 691; Case details, SC(E) (Baroness Hale of Richmond PSC, Lord Wilson, Lord Sumption JJSC, Lord Neuberger of Abbotsbury, Lord Clarke of Stone-cum-Ebony)

  Subsequent considerations : 2 positive; 3 neutral; most recently considered: 2023. Subsequent citations: 54.
  CONFLICT OF LAWS — Sovereign immunity — Employment
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  CONFLICT OF LAWS — Sovereign immunity — Employment — Domestic worker at London embassy — Claims of unfair dismissal and breach of working time provisions — Embassy claiming state immunity — Worker excluded from exception for employees — Whether denial of access to enforcement of claims breach of right to fair trial — Whether statute to be disapplied — State Immunity Act 1978, ss 4(2), 16 — Human Rights Act 1998, s 3, Sch 1, art 6 — Charter of Fundamental Rights of the European Union, art 47

  CONFLICT OF LAWS — Sovereign immunity — Employment — Domestic worker at London embassy — Claims for unfair dismissal and breach of working time provisions — Embassy claiming state immunity — Worker excluded by statute from exception for employees — Whether denial of access to enforcement of claims breach of Convention right to fair trial — Whether declaration of incompatibility to be granted — Whether statute to be disapplied in so far as incompatible with European Union law — State Immunity Act 1978, ss 4(2), 16 — Human Rights Act 1998, ss 3, 4, Sch 1, Pt I, arts 6, 14 — Charter of Fundamental Rights of the European Union 2004, art 47

  CONFLICT OF LAWS — Sovereign immunity — Employment — Domestic worker at London embassy — Claims of unfair dismissal and breach of working time provisions — Embassy claiming state immunity — Worker excluded by statute from exception for employees — Whether denial of access to enforcement of claims breach of Convention right to fair trial — Whether statutory provisions to be disapplied in so far as incompatible with European Union law — State Immunity Act 1978 (c 33), ss 4(2), 16(1)(a) — Human Rights Act 1998 (c 42), Sch 1, Pt I, arts 6, 14 — Charter of Fundamental Rights of the European Union (2004), art 47

  CONFLICT OF LAWS — Sovereign immunity — Employment — Domestic worker at London embassy — Claims of unfair dismissal and breach of working time provisions — Embassy claiming state immunity — Worker excluded by statute from exception for employees — Whether denial of access to enforcement of claims breach of Convention right to fair trial — Whether statutory provisions to be disapplied in so far as incompatible with European Union law — State Immunity Act 1978 (c 33), ss 4(2), 16(1)(a) — Human Rights Act 1998 (c 42), Sch 1, Pt I, arts 6, 14 — Charter of Fundamental Rights of the European Union, art 47

  6 Case(s) considered

  1 EU Enactment considered

  2 Statutes considered

• Broni v Ministry of Defence (Woof v Ministry of Defence, Barbour v Ministry of Defence)

  20 Jan 2015 [2015] EWHC 66 (QB); [2015] ICR D9; [2015] WLR (D) 24, DC

  Subsequent citations: 2.
  COSTS — Order for costs — Fixed recoverable costs
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  COSTS — Order for costs — Fixed recoverable costs — Claim by member of armed forces for injury at work — Conditional fee arrangement — Whether claimant “employee” for purposes of fixed success fee — CPR r 45.20(1)(a), (3)(a)

  1 Words & Phrases considered

  1 Statutory Instrument considered
• Windle v Secretary of State for Justice

  16 Sep 2013 [2015] ICR 156, EAT

  12 May 2016 [2016] EWCA Civ 459; [2016] ICR 721; [2017] 3 All ER 568; [2016] WLR (D) 256, CA

  07 Nov 2016 (appn dis) [2017] ICR 83, SC(E)

  Subsequent considerations : 1 positive; 1 neutral. Subsequent citations: 15.
  DISCRIMINATION — Employment — Interpreter
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  DISCRIMINATION — Employment — Interpreter — Interpreter engaged on separate assignments by courts service — No obligation to offer or to accept assignments — Whether employment under contract personally to do work — Whether employment for purposes of claim of race discrimination — Equality Act 2010, s 83(2)(a)

  DISCRIMINATION — Employment — Interpreter — Interpreter engaged on separate assignments by courts service — No obligation to offer or to accept assignments — Whether “employment under” contract personally to do work — Whether employment for purposes of race discrimination claim — Equality Act 2010, s 83(2)(a)

  4 Case(s) considered

  1 Words & Phrases considered

  1 Statute 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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  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
• Nayif v High Commission of Brunei Darussalam

  27 Nov 2014 [2014] EWCA Civ 1521; [2015] ICR 517; [2015] 4 All ER 159; [2014] WLR (D) 508, CA

  Subsequent considerations : 1 neutral. Subsequent citations: 7.
  ESTOPPEL — Per rem judicatam — Issue estoppel
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  ESTOPPEL — Per rem judicatam — Issue estoppel — Employee bringing claim of race discrimination against employer — Employment tribunal declining jurisdiction on ground claim time-barred — Employee issuing proceedings in negligence in High Court in respect of same matters — Whether estopped — Whether estoppel denial of right to fair hearing — Human Rights Act 1998, Sch 1, Pt I, art 6

  4 Case(s) considered

  1 Statute considered

• Unland v Land Berlin (Daniel Unland v Land Berlin)

  09 Sep 2015 (Case C-20/13); [2015] ICR 1225; [2015] WLR (D) 378; EU:C:2015:561, ECJ

  Subsequent citations: 3.
  DISCRIMINATION — Age — Equal treatment

  EUROPEAN UNION — Reference for a preliminary ruling — Social policy
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  Case index catchwords

  DISCRIMINATION — Age — Equal treatment — Pay step allocated according to age on appointment — Reclassification following introduction of new pay scheme based on previous pay — Whether incompatible with EU law — Whether justification for perpetuating different treatment — Council Directive 2000/78/EC, arts 2, 3(1)(c), 6(1)

  EUROPEAN UNION — Reference for a preliminary ruling — Social policy — Directive 2000/78/EC — Equal treatment in employment and occupation — Articles 2, 3(1)(c) and 6(1) — Direct discrimination on grounds of age — Basic salary of judges — Transitional arrangements — Reclassification and subsequent career advancement — Different treatment perpetuated — Justifications

  1 Case considered

  1 EU Enactment considered

• Dalton v British Telecommunications plc

  13 Mar 2015 [2015] EWHC 616 (QB); [2015] ICR 901; [2015] WLR (D) 125, QBD (Phillips J)

  Subsequent citations: 1.
  COSTS — Order for costs — Conditional fee agreement
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  Case index catchwords

  COSTS — Order for costs — Conditional fee agreement — Employee’s claim against employer for noise-induced hearing loss — Whether “disease” or “injury” — Recoverable success fee — CPR Pt 45, Sections IV, V

  1 Case considered

  2 Words & Phrases considered

  1 Statutory Instrument considered