Category Archives: Case update

Case update (2): Working time regulations & personal injury

coffee break
What do we already know? We updated you in our September 2016 Newsletter Case update (1): Request to rest on the EAT’s decision in Grange v Abellio London Ltd that employees do not need to actually request a rest break (under the Working Time Regulations) before making a claim that their employer has refused rest…
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Case update (1): Personal liability of company directors

human trafficking
What do we already know? We updated you in our June 2016 Newsletter Government reforms (1): Modern slavery – dont ignore it! that a UK ‘chicken-catching’ business (DJ Houghton Catching Services Ltd) had been found civilly liable for victims of trafficking and modern slavery. It was the first legal ruling against a British gangmaster business…
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Case update (3): Discrimination – Whose religion or belief?

Summary: Can disability discrimination arise out of a mistaken belief? No, says the EAT in iForce Ltd v Wood available here. Background:  Discrimination arising from disability occurs when A treats B unfavourably because of something arising in consequence of B’s disability, and A cannot show that the treatment is a proportionate means of achieving a…
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Case update (3): Discrimination – Whose religion or belief?

discrimination
Summary: Was an employee directly discriminated against because of her religion or belief when she was dismissed on discovery that she was cohabiting with her boyfriend? No, says the EAT in Gan Menachem Hendon Ltd -v- de Groen available here. Facts:  Ms de Groen was a teacher at the Gan Menachem Hendon Ltd nursery, which…
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Case update (1): TUPE – Beware of automatic unfair dismissal

dismissal
What do we already know? We updated you in our October 2018 Newsletter Case update 1: TUPE – beware of automatic unfair dismissal that the EAT held that the dismissal of an employee immediately before a TUPE transfer was automatically unfair, even though the dismissal was due in part to the employee’s personal circumstances. What’s…
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Case update (2): Rules of suspension

suspension
What do we already know? We updated you in our September 2017 Newsflash Warning – take care with suspension! on the High Court’s decision in Agoreyo v London Borough of Lambeth.  The High Court decided that a school acted in breach of the implied term of mutual trust and confidence when it suspended a teacher…
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Case update (3): Employment status – Gig economy deal struck

employment status
A Tribunal decision last summer (available here), confirmed that couriers of Hermes, classed as “self employed”, were in fact workers.  Following this decision, the GMB Union and Hermes announced earlier this month (available here) that they will be offering couriers paid holiday and guaranteed wage rates.  In return couriers will have to follow the routes…
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Case update (1): Working time – Record keeping

overtime
Summary: Is there an obligation for EU employers to introduce a system for recording actual number of hours worked each day? Yes, says Advocate-General Pitruzzella in Federacion de Servicios de Comisiones Obreras -v- Deutsche Bank SAE available here. Background:  Under the EU working time directive, employers are required to set up a system for recording…
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Case update (2): Equal pay – Comparators

What do we already know? We updated you in our October 2016 Newsflash Gender pay gap – Equal pay case to proceed, our November 2016 blog What does ASDA mean for me?, and September 2017 Newsflash Case update (2): Gender pay gap – equal pay case to proceed on the preliminary Tribunal and EAT’s decisions…
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Case update (1): Employment status – UBER drivers confirmed ‘workers’

private hire drivers
We updated you in our November 2017 Newsletter Case update (1): Uber drivers are ‘workers’ on the EAT’s decision that drivers who provide services to the online taxi firm, Uber, are ‘workers’, rather than self-employed. Uber appealed against the EAT decision and the Court of Appeal has now published its decision as explained below. Summary:…
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