Results: 130

• Kocur v Angard Staffing Solutions Ltd

  23 Feb 2018 UKEAT/181/17; [2018] ICR 1126; [2018] WLR (D) 223, EAT (Choudhury J, Mr H Singh, Mr D G Smith)

  11 Jul 2019 [2019] EWCA Civ 1185; [2020] ICR 170; [2020] 1 All ER 791; [2019] WLR (D) 399, CA (Underhill, Lewison, King LJJ)

  Subsequent considerations : 1 neutral. Subsequent citations: 2.
  EMPLOYMENT — Contract of employment — Agency worker
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  Case index catchwords

  EMPLOYMENT — Contract of employment — Agency worker — Agency worker claiming his terms less favourable than those of directly employed worker — Whether shorter annual leave entitlement and half-pay for rest breaks compensated by higher hourly rate of pay — Whether agency worker entitled to same working hours as direct recruit — Agency Workers Regulations 2010 (SI 2010/93), regs 5(1), 6(1) — Council Directive 2008/104/EC, art 5

  EMPLOYMENT — Contract of employment — Agency worker — Agency worker claiming his terms less favourable than those of directly employed worker — Whether entitled to same working hours per week as direct recruit — Whether “duration of working time” including working week — Agency Workers Regulations 2010 (SI 2010/93), regs 5(1), 6(1) — Parliament and Council Directive 2008/104/EC, art 5

  1 Case considered

  1 EU Enactment considered

  1 Statutory Instrument considered

• R (Forsey) v Northern Derbyshire Magistrates’ Court

  19 May 2017 [2017] EWHC 1152 (QB); [2017] ICR 1161; [2017] WLR (D) 344, DC (Lord Justice Treacy, Mr Justice Foskett)

  06 Dec 2017 (appn dis) [2018] ICR 573, SC(E) (Lord Wilson, Lord Reed, Lord Hughes JJSC)

  Subsequent citations: 1.
  CROWN — Minister — Statutory powers
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  Case index catchwords

  CROWN — Minister — Statutory powers — Offence of failing to notify redundancies to Secretary of State — Proceedings instituted against employer by official in Secretary of State’s department — Official having no specific consent or authorisation from Secretary of State — Whether permitted to act as Secretary of State’s alter ego under relevant legislation — Whether proceedings lawfully instituted — Trade Union and Labour Relations (Consolidation) Act 1992 (c 52), s 194(2)

  1 Case considered

  1 Statute considered
• Efobi v Royal Mail Group Ltd

  10 Aug 2017 UKEAT/203/16; [2018] ICR 359; [2017] WLR (D) 694, EAT (Elisabeth Laing J)

  23 Jan 2019 [2019] EWCA Civ 18; [2019] ICR 750; [2019] 2 All ER 917; [2019] WLR (D) 34, CA (Underhill, Baker LJJ, Sir Patrick Elias)

  05 Nov 2019 (appn all) [2020] ICR 198, SC(E) (Baroness Hale of Richmond PSC, Lord Hodge, Lady Arden JJSC)

  23 Jul 2021 [2021] UKSC 33; [2021] 1 WLR 3863; [2021] ICR 1263; [2022] 1 All ER 401; [2021] WLR(D) 407; The Times, 5 August 2021, SC(E) (Lord Hodge DPSC, Lord Briggs, Lady Arden, Lord Hamblen, Lord Leggatt JJSC)

  Subsequent considerations : 1 positive; 1 negative; most recently considered: 2022. Subsequent citations: 43.
  DISCRIMINATION — Race — Burden of proof
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  Case index catchwords

  DISCRIMINATION — Race — Burden of proof — Academically qualified claimant making numerous unsuccessful job applications to employer — Claim of discrimination on ground of race — Whether claimant required to prove facts from which inference of discrimination possible — Equality Act 2010 (c 15), s 136(2)

  DISCRIMINATION — Race — Burden of proof — Academically qualified claimant making numerous unsuccessful job applications to employer — Claim of discrimination on ground of race — Whether burden on claimant to prove facts from which inference of discrimination possible — Whether adverse inferences to be drawn from fact employer adduced no evidence as to reasons for not selecting claimant — Equality Act 2010 (c 15), ss 13(1), 136

  9 Case(s) considered

  1 Statute considered

• Greenway v Johnson Matthey plc (Dryden v Johnson Matthey plc)

  26 Nov 2014 [2014] EWHC 3957 (QB); [2015] PIQR P10; [2014] CN 2094, QBD (Jay J)

  28 Apr 2016 [2016] EWCA Civ 408; [2016] 1 WLR 4487; [2017] ICR 43; [2016] WLR (D) 224, CA

  06 Dec 2016 (appn all) [2017] 1 WLR 566; [2017] ICR 276, SC(E)

  21 Mar 2018 [2018] UKSC 18; [2019] AC 403; [2018] 2 WLR 1109; [2018] ICR 715; [2018] 3 All ER 755; [2018] WLR (D) 182; Case details, SC(E) (Baroness Hale of Richmond PSC, Lord Wilson, Lord Reed, Lady Black, Lord Lloyd-Jones JJSC)

  Subsequent citations: 16.
  NEGLIGENCE — Damage — Tort

  NEGLIGENCE — Duty of care — Employee
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  Case index catchwords

  NEGLIGENCE — Damage — Tort — Contract — Claimants employed by defendant at chemical plant — Claimants developing sensitivity to platinum salts — Claimants bringing claims in tort and contract — Whether claimants suffering actionable injury

  NEGLIGENCE — Duty of care — Employee — Claimants developing sensitivity to platinum salts following employer’s breach of statutory duty — Sensitivity not physically harmful — Collective agreement providing for contractual periodic testing of employees at risk of sensitisation to avoid development of platinum allergy — Further provision for redeployment of sensitised employees or termination of employment on special terms — Claimants claiming in tort and contract for financial losses on redeployment or termination — Whether claimants suffering actionable injury — Whether employer owing duty of care to protect from financial loss — Whether implied term in contract to protect from financial loss

  NEGLIGENCE — Duty of care — Employee — Claimants developing sensitivity to platinum salts following employer’s breach of statutory duty — Sensitivity not itself physically harmful but leading to allergic reaction on further exposure to platinum salts — Employment contracts providing for periodic testing of employees at risk of sensitisation to avoid development of platinum allergy — Further provision for redeployment of sensitised employees or termination of employment on special terms — Claimants claiming in tort for financial losses on redeployment or termination — Whether claimants suffering actionable personal injury

  6 Case(s) considered

• Kostal UK Ltd v Dunkley

  13 Dec 2017 [2018] ICR 768; [2018] WLR(D) 64; UKEAT/108/17 and 109/17, EAT (Simler J (President), Ms K Bilgan, Miss S M Wilson)

  13 Jun 2019 [2019] EWCA Civ 1009; [2020] ICR 217; [2019] WLR(D) 329, CA (Bean, King, Singh LJJ)

  11 Feb 2020 (appn all) [2020] ICR 1062, SC(E) (Lord Reed PSC, Lady Arden, Lord Hamblen JJSC)

  27 Oct 2021 [2021] UKSC 47; [2022] ICR 434; [2022] 2 All ER 607; The Times, 24 November 2021, SC(E) (Lord Briggs, Lady Arden, Lord Kitchin, Lord Leggatt, Lord Burrows JJSC)

  TRADE UNION — Collective bargaining — Inducement
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  Case index catchwords

  TRADE UNION — Collective bargaining — Inducement — Ballot of union members rejecting employer’s proposals for pay and new terms — Employer making offer to employees individually — Offer stating no Christmas bonus payable without acceptance of proposals — Offer repeated to employees not accepting first offer indicating possible dismissal — Whether acceptance of offer having “prohibited result” of employment terms not being determined by collective agreement — Whether union members entitled to award in respect of each offer — Trade Union and Labour Relations (Consolidation) Act 1992 (c 52), ss 145B, 145D, 145E(2) (as inserted by Employment Relations Act 2004 (c 24), s 29)

  TRADE UNION — Collective bargaining — Inducement — Trade union recognised for collective bargaining purposes — Ballot of members rejecting employer’s proposals for pay increase and change in terms — Employer making offer to employees individually — Offer stating no Christmas bonus payable unless offer accepted — Whether acceptance of offer having “prohibited result” of employment terms not being determined by collective agreement — Trade Union and Labour Relations (Consolidation) Act 1992 (c 52), s 145B (as inserted by Employment Relations Act 2004 (c 24), s 29)

  TRADE UNION — Collective bargaining — Inducement — Trade union recognised for collective bargaining purposes — Employer and trade union agreeing disputes resolution procedure — Ballot of members rejecting employer’s proposals for pay increase and change in terms — Employer making direct offers to employees individually — Offer stating no Christmas bonus payable unless offer accepted — Whether acceptance of offer having “prohibited result” of employment terms not being determined by collective agreement — Trade Union and Labour Relations (Consolidation) Act 1992 (c 52), ss 145B, 145D

  5 Case(s) considered

  1 Statute considered

• York City Council v Grosset

  01 Nov 2016 UKEAT/15/16, EAT

  15 May 2018 [2018] EWCA Civ 1105; [2018] ICR 1492; [2018] 4 All ER 77; [2018] WLR (D) 296, CA (Arden, Sales, Peter Jackson LJJ)

  Subsequent citations: 7.
  DISCRIMINATION — Disability — Discrimination arising from disability
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  Case index catchwords

  DISCRIMINATION — Disability — Discrimination arising from disability — Disabled teacher subjected to significant additional workload suffering high level of stress — Dismissal for showing pupils inappropriate horror film — Tribunal finding conduct to be error of judgment as result of stress arising from disability — Whether necessary to show employer aware conduct arising from disability to establish discrimination — Equality Act 2010 (c 15), s 15(1)

  3 Case(s) considered

  1 Statute considered
• R (Boskovic) v Chief Constable of Staffordshire Police

  12 Jan 2018 [2018] EWHC 14 (Admin); [2018] ICR 1020; [2018] WLR(D) 17, QBD (Kerr J)

  16 Apr 2019 [2019] EWCA Civ 676; [2019] ICR 1315; [2019] WLR(D) 229, CA (Baker, Nicola Davies LJJ)

  11 Dec 2019 (appn dis) [2020] ICR 358, SC(E)

  Subsequent considerations : 1 positive. Subsequent citations: 2.
  POLICE — Pension — Disablement
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  Case index catchwords

  POLICE — Pension — Disablement — Policewoman discharged as permanently disabled — Selected medical practitioner certifying disablement not result of injury sustained in execution of duty — Refusal of injury pension — Request many years later for pension authority to agree to reconsideration by medical practitioner of cause of injury — Pension authority refusing on ground fair reconsideration not possible — Whether delay and cost relevant considerations — Whether refusal contrary to statutory purpose of provision for referral back — Police (Injury Benefit) Regulations 2006 (SI 2006/932), reg 32(2) (as amended by Police Pensions (Amendment) Regulations 2011 (SI 2011/3063), reg 3)

  POLICE — Pension — Disablement — Police officer retiring on ground of permanent disability — Selected medical practitioner certifying disablement not resulting from injury sustained in execution of duty — Refusal of injury pension — Request by officer many years later to agree to reconsideration by medical practitioner of cause of injury — Pension authority refusing request on ground fair reconsideration not possible — Whether refusal contrary to statutory purpose of provision — Relevant factors when considering request — Police (Injury Benefit) Regulations 2006 (SI 2006/932) (as amended by Police Pensions (Amendment) Regulations 2011 (SI 2011/3063), reg 3), regs 30(2), 32(2)

  8 Case(s) considered

  1 Statutory Instrument considered

• Coletta v Bath Hill Court (Bournemouth) Management Co Ltd

  29 Mar 2018 UKEAT/200/17; [2018] ICR 1373, EAT (Judge Eady QC)

  17 Oct 2019 [2019] EWCA Civ 1707; [2020] ICR 703; [2020] 3 All ER 59; [2019] WLR (D) 568, CA (Underhill, Irwin, Nicola Davies LJJ)

  EMPLOYMENT — Wages — Deductions
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  Case index catchwords

  EMPLOYMENT — Wages — Deductions — Employee claiming failure to pay national minimum wage for 15 years — Claim for series of unauthorised deductions — Whether relevant provision prescribing period of limitation — Whether recovery limited to six years’ arrears — Limitation Act 1980 (c 58), ss 9, 39 — Employment Rights Act 1996 (c 18), s 23

  1 Case considered

  2 Statutes considered
• Kilraine v Wandsworth London Borough Council

  [2016] IRLR 422, EAT

  21 Jun 2018 [2018] EWCA Civ 1436; [2018] ICR 1850; [2018] WLR(D) 382, CA (Kitchin, Sales LJJ)

  Subsequent considerations : 1 positive. Subsequent citations: 6.
  EMPLOYMENT — Protected disclosure — Qualifying disclosure
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  Case index catchwords

  EMPLOYMENT — Protected disclosure — Qualifying disclosure — Employee complaining to employer of bullying and harassment and failure to comply with safeguarding obligations — Whether disclosure of information — Necessary content for statement to constitute “disclosure of information” — Whether employee’s complaint “qualifying disclosure” — Employment Rights Act 1996 (c 18), s 43B(1) (as inserted by Public Interest Disclosure Act 1998 (c 23), s 1)

  2 Case(s) considered

  1 Statute considered

• Crawford v Network Rail Infrastructure Ltd

  08 Nov 2017 UKEAT/316/16; [2018] ICR D5, EAT (Judge Shanks)

  05 Mar 2019 [2019] EWCA Civ 269; [2019] ICR 1206; [2019] 2 All ER 1095; [2019] WLR (D) 127, CA (Lord Sales JSC, Underhill, Asplin LJJ)

  EMPLOYMENT — Working time provisions — Rest periods
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  Case index catchwords

  EMPLOYMENT — Working time provisions — Rest periods — Railway signalman claiming entitlement to 20-minute breaks — Individual breaks not lasting 20 minutes though total break time over shift exceeding requirement — Whether “compensatory rest” provided — Working Time Regulations 1998 (SI 1998/1833) (as amended by Working Time (Amendment) Regulations 2003 (SI 2003/1684), reg 5(d)), regs 12(3), 21(f), 24(a)

  EMPLOYMENT — Working time provisions — Rest periods — Railway signalman claiming entitlement to 20-minute rest breaks — Individual breaks not lasting 20 minutes though total break time over shift exceeding requirement — Whether “equivalent period of compensatory rest” provided — Working Time Regulations 1998 (SI 1998/1833) (as amended by Working Time (Amendment) Regulations 2003 (SI 2003/1684), reg 5(d)), regs 12(3), 21(f), 24(a)

  1 Case considered

  1 Statutory Instrument considered