Elliott v Dorset CC

Hello and welcome to this week’s case of the week. Today we’re looking at the definition of disability, and particularly the correct approach to determining whether someone’s impairment has a substantial and adverse effect on their ability to carry out day to day activities. Facts The Claimant was employed by Dorset Council as a Geographical [...]

Breslin v Loughrey

Introduction Hello and welcome to our case of the week. This week we’re in Northern Ireland looking at a discrimination case. The case demonstrates that Tribunal’s aren’t afraid to award the maximum amount for injury to feelings in instances of particularly blatant discrimination. Facts Mr. Breslin (the Claimant) and Ms. Loughry (the Respondent) had known [...]

Mr D Rodgers v Leeds Laser Cutting Limited

Introduction Hello and welcome to our case of the week. We have another Covid case today. This one raises some interesting questions about employers’ liability in respects of a safe working environment. Facts The Claimant (Mr Rodgers) was employed by the Respondent (Leeds Laser Cutting Limited). He worked in a large warehouse with around 5 [...]

Kubilius v Kent Foods Ltd

Dismissal for not Wearing a Face Mask was Fair The first of what is sure to be a perplexing raft of litigation about face masks has landed. Mr. Kubilius was a lorry driver for Kent Foods (KF). KF’s biggest customer was Tate & Lyle (accounting for roughly 90% of its work). KF’s employee handbook stated [...]

By |2021-04-09T16:59:06+00:00March 26th, 2021|Case of the Week - Blog, Unfair Dismissal|0 Comments

Royal Mencap Society v Tomlinson- Blake & Shannon v Rampersad and another (T/A Clifton House Residential Home)

Supreme Court Clarify National Minimum Wage Point The first case this month looks at the National Minimum Wage (NMW). Specifically, it considers whether night-shift workers who are allowed to sleep on shift are entitled to the NMW. Facts The Supreme Court heard two separate cases together, as they concerned the same point of law. Both [...]

Mrs E Aylott v BPP University Limited

University Lecturer Called ‘mad as a box of frogs’ Claims Constructive Dismissal Introduction Hello all and welcome back to our weekly case law update. This week’s case looks at an employment law and HR lecturer who was awarded £168,000 for a constructive unfair dismissal and disability claim. Facts Mrs. E Aylott was employed by BPP [...]

Ms Seyi Omooba v Global Artists & Leicester Theatre Trust Ltd

Christian Actor Sacked Because of Allegedly Homophobic Facebook Post  Introduction Hello and welcome to our weekly case law update. Today’s case concerns an actress who was sacked because of an allegedly homophobic Facebook post. Facts Seyi Omooba was an actor represented by Global Artists. In 2019, she landed the lead role in the play ‘The [...]

Miss S Stretch v Ballymore Construction Services Ltd

Hello and welcome to PJH Law’s Case of the Week. This week, we look at the importance of ensuring that complaints of sexual harassment in the workplace are dealt with seriously. A failure by an employer to properly investigate allegations of sexual harassment could land them in hot water. Such behaviour is likely to breach [...]

Whistleblowing and Public Interest

Hello and welcome to PJH Law’s case of the week. This week we’re going to be taking a look at whistleblowing. Particularly, the requirement that the employee had a reasonable belief that their disclosure was “in the public interest”. Law When considering the importance of this requirement, it is helpful to have a bit of [...]

By |2021-03-23T11:38:29+00:00February 26th, 2021|Case of the Week - Blog, WhistleBlowing|0 Comments

Allay Ltd (UK) v Mr S Gehlen

This week's case is an important one for businesses who are seeking to reduce potential liability in the respect of the actions of their employees and workers. In essence, the EAT have said that any diversity and equality training that has gone "stale" and out of date will not allow an employer to argue that they [...]

Cumming v British Airways plc

This case looks at how indirect discrimination cases are brought and determined. The firm’s Principal calls direct discrimination blatant discrimination and indirect discrimination latent discrimination. Latent discrimination is where apparently neutral requirements are put in place but on further examination those requirements impact one sex or race more than others. Those requirements need to be [...]

Chief Constable of Devon and Cornwall Police v Mrs N Town

This case looks at what constitutes unfavourable treatment for a discrimination claim. More specifically, can treatment still be unfavourable if it precludes the employee from danger? Facts Mrs. Town was employed by Devon and Cornwall police as a police officer (on the ‘front line’ as a Response Officer). In November 2017 she informed her manager [...]

Heskett v Secretary of State for Justice

This case looks at in what circumstances indirectly discriminatory measures can be justified by employers and adds an interesting and relevant twist to the principle that generally employers can’t justify such policies by arguing that they cut costs. The Facts Mr. Heskett worked for the National Probation Service (NPS) as a Probation Officer. Owing to [...]

Steer v Stormsure Ltd

This week we look at a case to see if a big change to discrimination claims could be on the way. Introduction The EAT have recently handed down a judgement stating that the current impossibility of claiming interim relief in a discrimination claim is contrary to the European Convention on Human Rights (ECHR). Brexit will [...]