Results: 125

• Heeds v Chief Constable of Cleveland Police (Tascor Services Ltd, Part 20 defendant)

  18 Apr 2018 [2018] EWHC 810 (QB); [2019] ICR 513; [2018] WLR(D) 226, QBD (Jeremy Baker J)

  HEALTH AND SAFETY — Employer’s duty — Workplace
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  HEALTH AND SAFETY — Employer’s duty — Workplace — Claimant police officer sustaining personal injury when trapping thumb in door to custody suite at police station — Claim for damages for personal injury — Whether liability governed by regulations concerning safety of workplace or those concerning work equipment — Correct test of liability — Whether liability established — Workplace (Health, Safety and Welfare) Regulations 1992 (SI 1992/3004), reg 18(1) — Provision and Use of Work Equipment Regulations 1998 (SI 1998/2306), reg 4(1)

  HEALTH AND SAFETY — Employer’s duty — Workplace — Police officer sustaining injury to thumb by trapping it in door to custody suite at police station — Claim for damages for personal injury — Whether liability governed by Regulations concerning safety of workplace or those concerning work equipment — Correct test of liability — Workplace (Health, Safety and Welfare) Regulations 1992 (SI 1992/3004), regs 5(1), 18(1) — Provision and Use of Work Equipment Regulations 1998 (SI 1998/2306), reg 4(1)

  4 Case(s) considered

  2 Statutory Instruments considered

• BMC Software Ltd v Shaikh

  09 Aug 2017 UKEAT/92/16; [2017] IRLR 1074, EAT

  05 Mar 2019 [2019] EWCA Civ 267; [2019] ICR 1050; [2019] 2 All ER 748; [2019] WLR (D) 145, CA

  Subsequent citations: 5.
  DISCRIMINATION — Sex — Equal pay
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  DISCRIMINATION — Sex — Equal pay — Variation due to material difference — Employee identifying two male comparators doing equal work — Employer claiming difference in pay due to factors not connected with sex — Employment tribunal finding evidence insufficient to establish material factor defence — Appeal tribunal allowing appeal by employer on ground reasons for decision inadequate — Order remitting matter for tribunal to state reasons for its conclusion — Whether reasons adequate — Whether appeal tribunal order inappropriate — Equality Act 2010 (c 15), s 69

  DISCRIMINATION — Sex — Equal pay

  1 Case considered
• Okedina v Chikale

  15 Jan 2018 UKEAT/152/17, EAT

  31 Jul 2019 [2019] EWCA Civ 1393; [2019] ICR 1635; [2019] WLR(D) 444, CA (Underhill, Davis, Nicola Davies LJJ)

  24 Mar 2020 (appn dis) [2020] ICR 1142, SC(E) ( Lord Kerr of Tonaghmore, Lord Lloyd-Jones, Lady Arden JJSC)

  Subsequent considerations : 1 positive. Subsequent citations: 3.
  CONTRACT — Illegality — Enforceability
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  CONTRACT — Illegality — Enforceability — Employer bringing claimant to United Kingdom and applying for six-month visa for her to work as domestic worker — Employer promising but failing to renew visa — Claimant unaware of lack of visa and working for further two years before summarily dismissed — Whether claimant precluded from pursuing claims under or arising from employment contract when leave to remain expired — Immigration, Asylum and Nationality Act 2006 (c 13), ss 15, 21

  4 Case(s) considered

  1 Statute considered

• Jeffery v British Council

  25 Aug 2016 UKEAT/36/16; [2016] IRLR 935, EAT

  16 Oct 2018 [2018] EWCA Civ 2253; [2019] ICR 929; [2018] WLR(D) 629, CA (Longmore, Underhill, Peter Jackson LJJ)

  Subsequent citations: 8.
  EMPLOYMENT — Jurisdiction — Work outside Great Britain
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  EMPLOYMENT — Jurisdiction — Work outside Great Britain — Claimant living and working abroad for United Kingdom company — Contract of employment expressed to be governed by English law — Claim of detrimental treatment on ground of protected disclosure — Whether sufficient connection with British employment law to bring claim in employment tribunal — Employment Rights Act 1996 (c 18), s 47B(1) (as inserted by Public Interest Disclosure Act 1998 (c 23), s 2)

  5 Case(s) considered

  1 Statute considered

• Idu v East Suffolk and North Essex NHS Foundation Trust

  08 Nov 2018 UKEAT/15/18; [2019] ICR 623, EAT (Simler J (President))

  08 Oct 2019 [2019] EWCA Civ 1649; [2020] ICR 683; [2020] 2 All ER 793; (2020) 171 BMLR 143; [2019] WLR (D) 550, CA (Underhill, Lindblom, Irwin LJJ)

  18 May 2020 (appn dis) [2020] ICR 1330, SC(E) (Lady Black, Lord Lloyd-Jones, Lord Sales JJSC)

  Subsequent citations: 2.
  EMPLOYMENT — Unfair dismissal — Disciplinary proceedings
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  EMPLOYMENT — Unfair dismissal — Disciplinary proceedings — Consultant surgeon alleged to have refused to accept management instructions — Whether professional misconduct — Whether disciplinary panel required to have independent medically qualified member

  4 Case(s) 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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  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

• Hughes v Office Equipment Systems Ltd

  22 Dec 2016 UKEAT/183/16, EAT

  01 Aug 2018 [2018] EWCA Civ 1842; [2019] ICR 201; [2018] WLR(D) 510, CA (Underhill, Bean LJJ)

  Subsequent citations: 1.
  INDUSTRIAL RELATIONS — Employment tribunals — Response
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  INDUSTRIAL RELATIONS — Employment tribunals — Response — No response presented — Tribunal entering default judgment on liability — Respondent debarred from making representations on remedy — Remedy determined without hearing — Whether respondent wrongly excluded from making representations on remedy — Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 (SI 2013/1237) Sch 1, r 21

  2 Case(s) considered

  1 Statutory Instrument considered

• Bellman v Northampton Recruitment Ltd

  01 Dec 2016 [2016] EWHC 3104 (QB); [2017] ICR 543; [2016] WLR (D) 661, QBD (His Honour Judge Cotter)

  11 Oct 2018 [2018] EWCA Civ 2214; [2019] ICR 459; [2019] 1 All ER 1133; [2018] WLR (D) 519, CA (Irwin, Moylan, Asplin LJJ)

  Subsequent citations: 9.
  VICARIOUS LIABILITY — Employment — Course of employment
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  VICARIOUS LIABILITY — Employment — Course of employment — Managing director of small company assaulting employee at early hours drinking session after Christmas party — Whether acting in course of employment — Whether sufficient connection between director’s position and assault — Whether company vicariously liable for assault

  VICARIOUS LIABILITY — Employment — Course of employment

  VICARIOUS LIABILITY — Employment — Course of employment — Managing director of small company assaulting employee at early hours drinking session after company Christmas party — Whether acting in course of employment — Whether sufficient connection between director’s position and assault — Whether company vicariously liable for assault

  VICARIOUS LIABILITY — Employment — Course of employment — Managing director of small company assaulting employee at early hours drinking session after company Christmas party — Whether sufficient connection between director’s position and assault — Whether company vicariously liable for assault

  4 Case(s) 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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  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

• González Castro v Mutua Umivale (Isabel González Castro v Mutua Umivale and Others)

  19 Sep 2018 (Case C-41/17); EU:C:2018:736; [2019] ICR 339; [2018] WLR(D) 587, ECJ (President of Chamber JL da Cruz Vilaça, Judges E Levits, A Borg Barthet, M Berger, F Biltgen Advocate General E Sharpston)

  Subsequent citations: 1.
  DISCRIMINATION — Sex — Employment

  DISCRIMINATION — Breastfeeding employee working day and night shifts — Whether performing "night work" for purposes of protecting health following childbirth

  EUROPEAN UNION — Reference for a preliminary ruling — Directive 92/85/EEC
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  DISCRIMINATION — Sex — Employment — Breastfeeding shift worker believing night work causing risks — Only part of duties at night — Risk assessment of her work rejecting claim — Whether protection applicable where only part of duties performed at night — Burden of proof where facts could establish discrimination — Council Directive 92/85/EEC, art 7 — Parliament and Council Directive 2006/54/EC, art 19(1)

  DISCRIMINATION — Breastfeeding employee working day and night shifts — Whether performing "night work" for purposes of protecting health following childbirth

  DISCRIMINATION — Sex — Employment — Breastfeeding employee working rotating shifts — Employer’s risk assessment rejecting claim that night shifts causing risks to health — Whether employee performing “night work” when only part of duties carried out at night — Whether assessment compliant with European Union requirements — Whether rule reversing burden of proof applicable — Council Directive 92/85/EEC, art 7 — Parliament and Council Directive 2003/88/EC, art 2 — Parliament and Council Directive 2006/54/EC, art 19(1)

  EUROPEAN UNION — Reference for a preliminary ruling — Directive 92/85/EEC — Articles 4, 5 and 7 — Protection of the safety and health of workers — Worker who is breastfeeding — Night work — Shift work performed in part at night — Risk assessment of her work — Prevention measures — Challenge by the worker concerned — Directive 2006/54/EC — Article 19 — Equal treatment — Discrimination on grounds of sex — Burden of proof

  1 Case considered

  1 Words & Phrases considered

  3 EU Enactments considered