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 [...]

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 [...]