Tribunal News – ET Judgments Now Available Online

Tribunal judgments are now available online. Prior to this, only EAT judgments and higher courts had the full judgments available online. Previously, to obtain ET Judgments, you used to have to go to either Bury St Edmonds or Glasgow to get a hard copy. This will have two major repercussions for employers looking to defend [...]

Lόpez v Servicio Madrileño de Salud – Is an employer offering repeated fixed term contracts instead of a permanent contract in contravention with EU Law?

Good morning and welcome back to your weekly Case Law Update. Last week we looked at vicarious liability, Christmas parties and mitigation of losses. This week we will be looking at fixed term contracts. To mix things up, today’s case is a European Court of Justice (ECJ) judgment. The ECJ decides cases bought by individuals [...]

Wright v Silverline Care Caledonia Ltd – Can a Claimant who has been found to be unfairly constructively dismissed be denied compensation for declining an offer of re-employment from the Respondent?

Our next case is thankfully not as gruesome as the first and concerns constructive dismissal and mitigation of losses. Under Section 123(4) Employment Rights Act 1996, Claimants have a duty to mitigate their losses in unfair dismissal claims and a failure to do so will reduce the compensatory award. This includes looking for work, not [...]

Right to work in UK case – Checklist for fair dismissals

As stated earlier, last week we looked at a case concerning rest breaks against Abellio London Ltd. This week there is an ET decision involving the same employer, however, this time they won their case. In Baker v Abellio London Ltd, Mr Baker was a Jamaican born UK resident employed by Abellio. During immigration status checks [...]

Gig economy – Uber and Citisafe

The gig economy has been an issue we have been covering for most of the year. The recent Uber decision has highlighted that the judiciary will look at each case of alleged self-employment with a degree of scepticism and the government have echoed a similar sentiment. The latest update on the gig economy is that Uber is now facing [...]

Lighter side of the news – Disabled teacher awarded £180k after being sacked for showing 18 rated horror film to class!!!!!!

To round off this month’s newsletter we bring you the latest piece of outlandish employment law. This month’s case is a seasonal Halloween blunder and concerns a Mr Grosset, who has won his three year disability discrimination case against York Council following his dismissal as Head of English from the Joseph Rowntree School. Mr Grosset [...]

Grange v Abellio London Limited – Does an employee need to ask for a rest break before they can begin a claim for being refused rest breaks?

Good morning , welcome back to our weekly Case Law Update. Last week we looked at the role decision matrixes in disciplinary procedures.  This week we will be looking at working time and rest breaks. A rather topical issue given that Sainsbury’s, a supermarket chain that is open on Christmas Eve and Boxing Day, has recently [...]

Lee v HSBC Bank Plc – Do GP certificates declaring that an employee is unfit for work constitute a substantial effect on day to day activities for the purposes of S6 of the Equality Act?

Welcome back to your weekly case law update. Last week we looked at the recent Uber decision and how it will impact the gig economy and employment status. This week we are looking at disability discrimination. The question this week: Do GP certificates declaring that an employee is unfit for work constitute a substantial effect on day to [...]

Aslam & Farrar v Uber B.V & Others – Are Uber drivers working for Uber?

Today’s case of the week is the case involving Uber. If you have not yet done so, read the judgment. It is very well put together. The decision will be read around the world. Careful readers of the footnotes will see that two greats of English Literature, William Shakespeare and John Milton, are quoted in the judgement. [...]

Snell v Network Rail – Is it discriminatory to pay a male parent taking shared parental leave less than a female parent taking maternity leave?

Hello and welcome back to your weekly case law update. Last week we looked at the validity of settlement of agreements and we also did a feature on discrimination during recruitment following the Matching Models controversy. This week we will be looking at shared parental leave. Today’s case is only an ET judgement so is therefore not binding on [...]