Category Archives: Case update

Case Update (1): Holiday Pay and Voluntary Overtime

holiday pay
What do we already know? We updated you in our July 2018 Newsletter Case update (1): Holiday pay and voluntary overtime on the EAT’s decision in Flowers v East of England Ambulance Trust that non-guaranteed and voluntary overtime pay, paid over a sufficient period of time, should be included in calculating holiday pay under contractual…
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Case update (1): Disciplinaries – What if there is a Police Investigation?

Summary:  Does an employer breach the implied duty of trust and confidence by proceeding with a disciplinary investigation whilst there is an ongoing police investigation? No, says the Court of Appeal in North West Anglia NHS Foundation Trust v Gregg available here.  Only in very limited circumstances is there any requirement on an employer to…
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Case update (2): Disability Discrimination – Guidance on Reasonable Adjustments

Summary: If an employer has a policy which refers to a specific adjustment, are they required to make that adjustment for a disabled employee? Yes, says the EAT in Mrs M Linsley v Commissioners for Her Majesty’s Revenue and Customs, available here. Facts:  Mrs Linsley, the employee, is employed by HMRC.  Mrs Linsley has ulcerative…
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Case update (3): Working Time – Record Keeping  – The Hour is Coming…

clock
What do we already know? In our February 2019 Newsletter Case update (1): Working time – Record keeping we updated you that the Advocate General’s Opinion was that there was an obligation on EU employers to introduce a system for recording actual number of hours worked each day. The Advocate General concluded that without a…
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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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