Ali v Capita Customer Management Ltd. – Is it fair to pay male employees 2 weeks enhanced paternity pay when female employees receive 14 weeks enhanced maternity pay?

After all the election and post-election chaos we thought it was best to get back to Case of the Week, which guarantees its readers a strong and stable supply of recent case law. Last week we looked at gross misconduct. This week we have two cases for you. The first is about shared parental leave [...]

Chidzoy v British Broadcasting Corporation – Can a case be struck out if a witness being cross-examined discusses their evidence during an adjournment?

Welcome back to your weekly case law update. Last week we covered three cases whose issues included constructive dismissal, the national minimum wage and disability discrimination. This week, we have a rather rare case on strike-out applications. Earlier this year, we mentioned that Employment Tribunal decisions were now available online. We believe online judgments offer [...]

Focus Care Agency Ltd v Roberts & Frudd v The Partington Group & Royal Mencap Society v Tomlinson-Blake – Are employees entitled to the national minimum wage whilst on call or sleeping at work?

Our second case is actually a cluster of three cases about the national minimum wage. Previous case law suggests that employees are entitled to the minimum wage for time when they are at the employer’s premises even if they aren’t working. Whilst the facts of each case are different the question in all three was: [...]

The Government Legal Service v Brookes – Is it discriminatory to make an applicant with Asperger’s syndrome sit a situational judgment test as part of the recruitment process?

Our final case this week is about disability discrimination, reasonable adjustments and psychometric testing done during recruitment. The question in this case was: Is it discriminatory to make an applicant with Asperger’s syndrome sit a situational judgment test as part of the recruitment process? Ms Brookes, the Claimant, applied for a position at the Government [...]

Lighter Side Of The News – Tribunal Awards Claimant £2

No newsletter would be complete without a sensationalist tale of ridiculous proportions. This month’s jape takes the form of a bus driver who was awarded a pitiful £2 by the ET following a successful right to be accompanied claim. In Gnahoua v Abellio London Ltd – an employer who has also been involved in a [...]

The Commissioners for HM Revenue & Customs v Serra Garau

Happy Easter! Tomorrow is Good Friday so we are sending out our case law update a day early – better than chocolate, right? Last week’s case was about discrimination by association and was our first foray over to Northern Irish law. Today’s case is about ACAS Early Conciliation. Early Conciliation was introduced as part of [...]

Discrimination by Association

Hello and welcome back to your weekly dose of case law. Last week’s newsletter looked at all the changes that came into force this week. It also had a link to our slides which inexplicably did not work for which we apologise. However, the slides and other seminar materials are now available on our website. [...]

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 [...]