This week’s case looks at the principles underpinning disability discrimination law, in particular the duty to find alternative employment. In XXXXX v HR Rail SA, the Claimant was employed as an apprentice maintenance technician on the Belgium railways. Shortly after starting, the employee was diagnosed with a heart condition which meant that he had to have [...]

Mr D Warburton v The Chief Constable of Northamtonshire Police

This week’s case answers the following questions: What is a detriment for the purposes of victimisation under the Equality Act 2010? What is the correct test for causation? Victimisation is being subject to a detriment because of a protected act. A protected act is defined at section 27 of the Equality Act 2010 as: (a)bringing [...]

By |2022-03-18T10:23:02+00:00March 18th, 2022|Case of the Week - Blog|0 Comments

Kostal UK Ltd v Dunkley

Today we look at a judgment from The Supreme Court which concerns unlawful inducements to forego collective bargaining. The Law Section 145B of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA) says that employees who are members of a recognised trade union have a right not to be subject to offers that intend to [...]

By |2021-11-18T16:54:56+00:00November 18th, 2021|Case of the Week - Blog|0 Comments

Thomas v Education Workforce Council

This week, we are venturing outside the realm of pure employment law, and into professional discipline. Teacher tells putative employer to go f*** themselves – Thomas v Education Workforce Council Mr. Thomas applied for a job at a local college as a sports teacher. He attended an interview but was unsuccessful. The bad news was [...]

By |2021-11-12T12:30:11+00:00November 12th, 2021|Case of the Week - Blog|0 Comments

Abbeyfield (Maidenhead) Society v Hart

In this weeks case we ask if an email between an employer and its HR consultant was protected by litigation privilege despite indicating a pre-determined decision to dismiss. Did you know that there are two types of legal professional privilege? These are legal advice privilege and litigation privilege. Legal advice privilege is broader than litigation [...]

By |2021-11-11T11:52:42+00:00November 11th, 2021|Case of the Week - Blog|0 Comments

Carillion v Benson and others (around 1000 others).

Carillion was a construction and facilities management company that crashed spectacularly in 2018, when it was placed into liquidation. This case concerns whether Carillion’s lack of redundancy consultation was unlawful. If your business is being placed into liquidation, when do you need to consult employees who may be made redundant? This was the question asked [...]

By |2021-11-11T11:25:34+00:00November 11th, 2021|Case of the Week - Blog|0 Comments

Bayfield and Jenner v Wunderman Thompson ( UK) Ltd

An Employment Tribunal decision involving an Ad Agency has highlighted the dangers for employers of taking an overly aggressive approach to reducing gender pay gaps. It also provides a reminder that all discrimination is unlawful, even where the victims are from a historically privileged group. With a high published gender pay gap, Wunderman Thompson’s creative [...]

By |2021-10-15T09:42:07+00:00October 15th, 2021|Case of the Week - Blog|0 Comments

Thomas and Others v FW Farnsworth Ltd (t/a Pizza Factory)

This week’s case looks at implied terms and when the payment of an enhanced redundancy payment as set out by a collective agreement will become a contractual term by way of ‘custom and practice’. This week’s case looks at implied terms and when the payment of an enhanced redundancy payment as set out by a [...]

By |2021-10-07T15:39:06+00:00October 7th, 2021|Case of the Week - Blog|0 Comments

Mr Shafqat Shah and Mr Samuel Adjei v Bounds Taxis Ltd

When is a taxi driver not a taxi driver? When he’s a worker! Ok, maybe not the funniest of jokes. But it is this week’s Case of the Week. The Employment Tribunal, in a landmark ruling, has stated that private hire taxi drivers are workers and not self-employed. Employment rights all depend on the legal [...]

By |2021-10-01T13:02:53+00:00October 1st, 2021|Case of the Week - Blog|0 Comments

Follows v Nationwide Building Society

Employment Tribunal Allows Claim for Indirect Associative Discrimination Hello and welcome back to our case of the week blog. This week’s case looks at a landmark employment tribunal decision to uphold a claim for indirect associative discrimination. What is indirect associative discrimination? It helps to rehearse the basics of discrimination law. Direct discrimination is where [...]

Shipp v City Sprint UK Limited

This week’s Case of The Week demonstrates that what some colleagues might perceive to be office banter and ‘a bit of a laugh’ may well result in employers paying out a hefty sum in compensation. We also see how an attitude of ‘out of sight, out of mind’ can land an employer in hot water. [...]

By |2021-09-16T14:05:50+00:00September 16th, 2021|Case of the Week - Blog|0 Comments

Appleby v Tavistock and Portman NHS Foundation Trust

This week, we’re looking at whistleblowing in the context of the Tavistock and Portman NHS trust – mostly known for its Gender Identity Development Service (GIDS), which aims to assist those experiencing gender dysphoria. Lately, the GIDS has been fraught with bad publicity. In 2019, one of its board members – a senior psychiatrist – [...]

By |2021-09-10T13:28:34+00:00September 10th, 2021|Case of the Week - Blog|0 Comments

Farnham-Oliver v RM Educational Resources

This week's case of the week asks the question: Can an employee who settles his tribunal claim by COT3 then bring another claim in the county court? Yes, says the high court. The Facts The Claimant was a customer adviser working in an office. Following accusations of disability discrimination and failure to make reasonable adjustments, [...]

By |2021-09-10T13:15:04+00:00September 10th, 2021|Case of the Week - Blog|0 Comments

Dopson v Stag Publications Ltd

Age Based Jibe Lands Magazine Company in Hot Water This week we look at a case involving age discrimination and constructive dismissal. A 62-year-old grandmother has lost an age discrimination case against her former employer, Stag Productions Ltd. The Respondent is a magazine company. It published an article reviewing the new Renault Kadjar. The article [...]

By |2021-09-10T13:02:09+00:00September 10th, 2021|Case of the Week - Blog|0 Comments