Results: 100

• McBride v Scottish Police Authority

  [2013] CSIH 4; 2013 SC 268, Ct of Sess

  16 Jun 2016 [2016] UKSC 27; [2016] ICR 788; [2017] 2 All ER 875; [2016] WLR (D) 308; Case details, SC(Sc)

  Subsequent citations: 6.
  EMPLOYMENT — Unfair dismissal — Reinstatement
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  EMPLOYMENT — Unfair dismissal — Reinstatement — Fingerprint expert involved in disputed identification in high profile trial — Placement on restricted duties excluding court work to avoid challenges to reliability — Dismissal several years later on ground of inability to full all duties — Employment tribunal finding dismissal unfair and ordering reinstatement as a non-court going officer — Whether alteration of terms of contract — Whether order to be upheld — Employment Rights Act 1996, ss 114(1), 116(1)

  2 Case(s) considered

  1 Statute considered
• Holterman Ferho Exploitatie BV v Spies von Büllesheim

  10 Sep 2015 (Case C-47/14); EU:C:2015:574; [2016] ICR 90; [2015] WLR (D) 381, ECJ

  Subsequent considerations : 1 positive; 1 neutral; 1 negative. Subsequent citations: 14.
  CONFLICT OF LAWS — Jurisdiction under Council Regulation — Employment

  EUROPEAN UNION — Reference for a preliminary ruling — Judicial cooperation in civil matters
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  CONFLICT OF LAWS — Jurisdiction under Council Regulation — Employment — Company’s claim against director and manager alleging misconduct both in relation to duties as director and his managerial contract — Whether relating to “employment contract” — Whether relating to tort — Whether jurisdiction restricted to director’s domicile — Council Regulation (EC) No 44/2001, arts 5(1)(3), 18(1), 20(1)

  EUROPEAN UNION — Reference for a preliminary ruling — Judicial cooperation in civil matters — Jurisdiction and the enforcement of judgments in civil and commercial matters — Regulation (EC) No 44/2001 — Article 5(1) — Jurisdiction in matters relating to a contract — Article 5(3) — Jurisdiction in matters relating to tort or delict — Articles 18 to 21 — Individual employment contract — Company director’s contract — Termination of the contract — Grounds — Poor performance and wrongful conduct — Action for a declaratory judgment and for damages — Meaning of ‘individual contract of employment’

  6 Case(s) considered

  1 Words & Phrases considered

  1 EU Enactment considered

• Mayne v Atlas Stone Co Ltd

  06 May 2016 [2016] EWHC 1030 (QB); [2016] ICR 957; [2016] WLR (D) 259, QBD (Cox J)

  Subsequent citations: 1.
  NEGLIGENCE — Causation — Asbestos exposure
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  NEGLIGENCE — Causation — Asbestos exposure — Deceased exposed to asbestos during several employments — Resulting diffuse pleural thickening responsible for 5% of deceased’s disability — Defendant employer contributing 8·16% of deceased’s total exposure to asbestos — Whether causing actionable injury

  4 Case(s) considered
• Pujante Rivera v Gestora Clubs Dir SL (Christian Pujante Rivera v Gestora Clubs Dir SL and Fondo de Garantía Salarial)

  11 Nov 2015 (Case C-422/14); EU:C:2015:743; [2016] ICR 227; [2015] WLR (D) 451, ECJ

  Subsequent considerations : 2 neutral. Subsequent citations: 6.
  EMPLOYMENT — Redundancy — Consultation

  EUROPEAN UNION — Reference for a preliminary ruling — Social policy
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  EMPLOYMENT — Redundancy — Consultation — Calculation of redundancies amounting to collective redundancy situation — Whether employees on fixed-term contracts workers “normally employed” at establishment — Employee choosing to leave following detrimental changes to contract — Whether termination to be assimilated to redundancy — Council Directive 98/59/EC, art 1(1)

  EUROPEAN UNION — Reference for a preliminary ruling — Social policy — Collective redundancies — Directive 98/59/EC — Article 1(1)(a), first subparagraph — Concept of workers ‘normally employed’ at the establishment concerned — Article 1(1), second subparagraph — Concepts of ‘redundancy’ and ‘terminations of employment contracts that may be assimilated to redundancies’ — Method of calculating the number of workers made redundant

  2 Case(s) considered

  1 Words & Phrases considered

  1 EU Enactment 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
• Kennedy v Cordia (Services) LLP

  19 Sep 2014 [2014] CSIH 76; 2014 SLT 984; 2015 SC 154, Ct of Sess

  10 Feb 2016 [2016] UKSC 6; [2016] 1 WLR 597; [2016] ICR 325; [2016] WLR (D) 74; Case details; 2016 SC (UKSC) 59, SC

  Subsequent considerations : 1 neutral; most recently considered: 2021. Subsequent citations: 19.
  HEALTH AND SAFETY — Employer’s liability — Personal protective equipment

  REPARATION — Personal injury — Employerʼs liability

  EVIDENCE — Witnesses — Expert witness

  REPARATION — Personal injury — Employer’s liability
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  HEALTH AND SAFETY — Employer’s liability — Personal protective equipment — Home carer injured slipping on icy path leading to client’s house — Employer aware of risk of falls on snow and ice but merely advising carers to wear appropriate footwear — Whether employer’s risk assessment adequate — Whether employer under duty to provide anti-slip footwear attachments — Whether breach of duty causing or materially contributing to injury — Whether breach of employer’s duty of care at common law — Personal Protective Equipment at Work Regulations 1992, reg 4(1) — Management of Health and Safety at Work Regulations 1999, reg 3(1), Sch 1

  REPARATION — Personal injury — Employerʼs liability — Employee slipping on ice on public pavement

  EVIDENCE — Witnesses — Expert witness — Witness expressing opinion on health and safety

  REPARATION — Personal injury — Employer’s liability — Employee slipping on ice on public pavement

  4 Case(s) considered

  2 Statutory Instruments considered
• Ministry of Justice v O’Brien (No 2)

  04 Mar 2014 UKEAT/466/13; [2014] ICR 773, EAT (Sir David Keene)

  06 Oct 2015 [2015] EWCA Civ 1000; [2016] ICR 182; [2017] 1 All ER 1078; [2015] WLR (D) 406, CA

  13 Jul 2016 (appn all) [2016] ICR 1073, SC(E)

  12 Jul 2017 (Note) [2017] UKSC 46; [2017] ICR 1101; [2017] 4 All ER 997; [2017] WLR (D) 478; Case details, SC(E)

  07 Nov 2018 (Case C-432/17); EU:C:2018:879; [2019] ICR 505; [2018] WLR (D) 685, ECJ (Vice President, acting as President of First Chamber, R Silva de Lapuerta, Judges J-C Bonichot, A Arabadjiev, CG Fernlund, S Rodin, Advocate General J Kokott)

  Subsequent considerations : 2 positive; 1 negative; most recently considered: 2020. Subsequent citations: 8.
  DISCRIMINATION — Part-time worker — Pension

  DISCRIMINATION — Sexual orientation — Pension

  EUROPEAN UNION — Reference for a preliminary ruling — Social policy
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  DISCRIMINATION — Part-time worker — Pension — Fee-paid recorder entitled to pro rata pension of full-time circuit judge — Whether period of service prior to prohibition of discrimination to count in calculating pension — Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000, reg 1(2)(3) — Council Directive 97/81/EC, Annex, cl 4

  DISCRIMINATION — Sexual orientation — Pension — Claimant in receipt of occupational pension with survivor’s benefit for spouses — Relevant service complete before prohibition of discrimination on ground of sexual orientation in EU and domestic law — Claimant registering civil partnership and subsequently marrying civil partner — Whether denial of survivor’s benefit under provision permitting such discrimination prior to introduction of civil partnerships compatible with EU law — Whether Directive having retroactive effect — Equality Act 2010, s 61, Sch 9, para 18(1) (as amended by Marriage (Same Sex Couples) Act 2013, Sch 4, para 17(1)) — Council Directive 2000/78/EC, art 1

  DISCRIMINATION — Part-time worker — Pension — Fee-paid recorder entitled to pro rata pension of full-time circuit judge — Whether period of service prior to prohibition of discrimination in European Union and domestic law to count in calculating pension — Whether Directive having retroactive effect — Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 (SI 2000/1551), reg 1(2)(3) — Council Directive 97/81/EC, Annex, cl 4

  EUROPEAN UNION — Reference for a preliminary ruling — Social policy — Directive 97/81/EC — Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC — Clause 4 — Principle of non-discrimination — Part-time workers — Retirement pension — Calculation of the amount of the pension — Account taken of years of service completed before expiry of the period for transposition of Directive 97/81/EC — Immediate application to the future effects of a situation which arose under the old law

  9 Case(s) considered

  2 EU Enactments considered

  1 Statute considered

  1 Statutory Instrument considered
• Sparks v Department for Transport

  03 Jan 2015 [2015] EWHC 181 (QB); [2015] IRLR 641, QBD (Globe J)

  14 Apr 2016 [2016] EWCA Civ 360; [2016] ICR 695; [2016] WLR (D) 188, CA

  Subsequent considerations : 1 positive. Subsequent citations: 2.
  EMPLOYMENT — Contract of employment — Staff handbook
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  EMPLOYMENT — Contract of employment — Staff handbook — Provision in handbook relating to management of short-term sickness absences — Whether incorporated into employees’ contracts of employment

  3 Case(s) considered
• Trustees of the William Jones’s Schools Foundation v Parry

  02 Aug 2016 UKEAT/88/16; [2016] ICR 1140, EAT

  28 Mar 2018 [2018] EWCA Civ 672; [2018] ICR 1807; [2018] WLR(D) 196, CA (Arden, Bean, Newey LJJ)

  Subsequent considerations : 1 neutral. Subsequent citations: 2.
  INDUSTRIAL RELATIONS — Employment tribunals — Claim
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  INDUSTRIAL RELATIONS — Employment tribunals — Claim — Claim form stating claim but failing to provide any details — Rule requiring claim to be rejected if not able to “sensibly be responded to” — Whether rule authorised by primary legislation — Employment judge accepting claim — Whether “judgment” — Whether power to reconsider decision — Whether claim to be rejected — Employment Tribunals Act 1996, s 7 (as amended by Employment Rights Dispute Resolution Act 1998, s 2 and Employment Act 2002, s 25) — Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013, Sch 1, rr 1(3)(b), 12(1)(2)

  INDUSTRIAL RELATIONS — Employment tribunals — Claim — Claim stating claim but failing to provide any details — Rule requiring claim to be rejected if not able to “sensibly be responded to” — Whether rule authorised by primary legislation — Employment judge accepting claim — Whether “judgment” — Whether claim to be rejected — Employment Tribunals Act 1996 (c 17), s 7 (as amended by Employment Rights Dispute Resolution Act 1998 (c 8), s 2 and Employment Act 2002 (c 22), s 25) — Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 (SI 2013/1237), Sch 1, rr 1(3)(b), 12(1)(2)

  INDUSTRIAL RELATIONS — Employment tribunals — Claim — Claim form stating claim but failing to provide any details — Rule requiring claim to be rejected if not able to “sensibly be responded to” — Whether claim to be rejected — Whether rejection “determination of proceedings” without hearing — Whether rule authorised by primary legislation — Employment Tribunals Act 1996 (c 17), s 7 (as amended by Employment Rights Dispute Resolution Act 1998 (c 8), s 2 and Employment Act 2002 (c 22), s 25) — Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 (SI 2013/1237), Sch 1, r 12(1)(2)

  1 Case considered

  2 Words & Phrases considered

  1 Statute considered

  1 Statutory Instrument considered

• Cavanagh v Secretary of State for Work and Pensions

  13 May 2016 [2016] EWHC 1136 (QB); [2016] ICR 826; [2016] WLR (D) 299, QBD (Elisabeth Laing J)

  Subsequent citations: 2.
  EMPLOYMENT — Contract of employment — Incorporation of terms

  EMPLOYMENT — Contract of employment — Civil servant
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  EMPLOYMENT — Contract of employment — Incorporation of terms — Employer paying employees’ trade union subscriptions through check-off provision in salary policy — Employer ending check-off arrangement — Whether provision intended to have contractual effect — Whether trade union as third party able to enforce provision against employer — Contracts (Rights of Third Parties) Act 1999, s 1(1)(b)

  EMPLOYMENT — Contract of employment — Civil servant

  3 Case(s) considered

  1 Statute considered