Category Archives: Case update

Case update (1): Employment status – ‘Self-employed’ private hire drivers

private hire drivers
Summary: Were private hire drivers ‘workers’ or independent contractors as provided under the terms of their Driver Contract? ‘Workers’, said the EAT in the case of Addison Lee Ltd v Lange and others, available here. Facts:  The claimants were all private hire drivers engaged by Addison Lee. As part of the agreement between Addison Lee…
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Case update (2): Contracts of employment – Long-term disability benefits

depression
Summary:  Is there an implied term that an employer will not dismiss an employee for incapability if that would frustrate entitlement to long-term disability benefits? Yes, on the facts, held the EAT in Awan v ICTS available here. Facts:  Mr Awan, the employee, commenced employment with American Airlines, the employer, as a security agent at…
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Case update (3): Employer’s liability – when the (Christmas) party’s over

christmas party
Summary:  Was employer vicariously liable for its managing director’s assault on an employee when drinking in a hotel bar after the company’s Christmas party? Yes, says the Court of Appeal in Bellman v Northampton Recruitment Limited, available here. Facts:  Mr Major was the Managing Director of Northampton Recruitment Ltd, the employer. A Christmas party was…
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Case update (3): Holiday pay – carry over made easy

holiday pay
Summary:  If a worker doesn’t ask to take their outstanding statutory holiday entitlement before the end of their leave year, can they be prevented from carrying it over to the next? No, unless the employer has ensured “specifically and transparently” that the worker has been given the opportunity to take the leave, held the CJEU…
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Case update (2): Whistleblowing – can an individual be liable?

whistle-blower
Summary: Can individual workers can be liable for a whistleblowing dismissal? Yes, held the EAT in Timis & Anor v Osipov & Anor available here. Background:  Since 2013, whistleblowers have had the right to bring a claim directly against their co-workers if subjected to a detriment other than dismissal itself. Dismissal and detriment are treated…
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Case update (1): Harassment at work

angry boy
Summary:  Is referring to a colleague as a “fat ginger pikey” harassment? No, not if the victim participated in similar banter, said the EAT in Evans v Xactly Corporation Limited, available here. Facts:   Mr Evans was a salesman of Xactly between January and December of 2016. Mr Evans suffers from type 1 diabetes and also…
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Case update (1): TUPE – beware of automatic unfair dismissal

dismissal
Summary:  Was the dismissal of an employee two days before a TUPE transfer automatically unfair, despite being due in part to the employee’s personal circumstances? Yes, held the EAT in Hare Wines v (1) Kaur (2) H and W Wholesale available here.   Background: The dismissal of an employee of the transferor or the transferee is automatically unfair…
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Case update (2): TUPE – changes to terms and conditions

Summary: Is the removal by an employer of an ‘outdated and unjustified’ contractual allowance void under TUPE when it comes after a transfer? No, held the EAT in Tabberer and others v Mears Ltd and Others available here.   Background:  This case concerned the pre-2014 version of the Transfer of Undertakings (Protection of Employment) Regulations…
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Case update (1): TUPE – It’s ok to take a break

picture of a college class room
Summary:  Does a five month suspension of an undertaking’s activities preclude a TUPE transfer? No, held the CJEU in Colino Siguenza v Ayuntamiento de Valladolid, available here. Facts:  The employee, Mr Colino Sigüenza, was a teacher at a Spanish music school.  He was engaged by a contractor assigned to manage teaching operations on behalf of…
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Case update (2): Unfair dismissal – the vanishing dismissal

Summary:   Can an employee claim unfair dismissal if they have successfully appealed against their dismissal under a contractual disciplinary procedure? No, says the Court of Appeal in Patel v Folkestone Nursing Home Ltd available here. Facts:  Mr Patel, the employee, was a Healthcare Assistant at Folkestone Nursing Home Ltd, the employer.  Mr Patel was dismissed…
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