Category Archives: Case update

Case update: Employer’s liability – it’s less likely!

What do we already know?  We updated you in our August 2018 Newsletter Case update (1) Employer’s liability – it’s more likely on the Court of Appeal’s decision in Barclays Bank plc v Various Claimants that Barclays was liable for the conduct of the late Dr Gordon Bates who was an independent contractor who conducted…
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Case update:  Morrisons data breach

data breach
Summary: This is an important judgment which effectively returns the law of employers’ vicarious liability for the criminal acts of their employees back to the state it was in prior to the January 2018 High Court decision.  This decision is, in essence, that the employer will not be liable if the criminal act was not…
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Case update (2):  When investigation meetings are (not) necessary

Summary:  Is there a legal requirement to hold a separate investigation meeting before a disciplinary meeting in order for a dismissal to be fair? No says the EAT in Sunshine Hotel Ltd t/a Palm Court Hotel v Goddard, available here.  The requirement is to carry out such investigation as is reasonable in all the circumstances.…
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Case update (1): Disability discrimination – It’s all in the timing

Summary:  Can employees succeed in a discrimination claim in relation to acts which occur before their condition amounts to a disability? No, says the EAT in Tesco Stores Ltd v Tennant, available here. Background:   A physical or mental condition only amounts to a disability under the Equality Act 2010 if it “has a substantial and…
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Case update (3):  Unfair dismissal – Who’s in the know?

Summary:  Is the knowledge of a person other than the dismissing manager, relevant to the fairness of a dismissal? Yes, says the EAT in Uddin v London Borough of Ealing, available here. Background:  The Supreme Court in Royal Mail v Jhuti (see our update here) held that where the reason for a dismissal given in…
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Case update (3):  Whistleblowing – There’s a limit

whistle blowing
Summary:  Does a worker need to suffer a detriment in the “field of employment” to bring a whistleblowing claim (under the Employment Rights Act)? Yes, says the Court of Appeal in Tiplady v City of Bradford Metropolitan District Council, available here.  It is not sufficient for the detriment to only affect the employee’s private or…
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Case update (1): Discrimination – Are Ethical Vegans Protected?

What do we already know? In our October 2019 Newsletter Case update (2): Discrimination – are vegetarians protected?, we updated you on the case of Conisbee v Crossley Farms Limited, in which the Tribunal decided that vegetarianism was not a protected belief under discrimination law. The Tribunal’s reasons were that there are a wide variety…
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Case update (2):  Employment Status – The Right of Substitution

delivery motorcycle
Summary:  Was a delivery courier a “worker” despite the existence of a contractual right of substitution? Yes, says the EAT in Stuart Delivery ltd v Augustine, available here. Background:  To be legally defined as a “worker”, an individual must be obliged to carry out services personally. If the individual has a genuine and unfettered right…
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Case update (3):  Unfair Dismissal – Disclosure of Salary Details

Summary:  Was it gross misconduct to discuss the salary of a senior employee? No, says the EAT in Jagex Ltd v McCambridge available here. Facts:  Mr McCambridge, the employee, was employed by Jagex Ltd, the employer.  Mr McCambridge found a visa application for a very senior employee that had been left on a communal printer…
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Case update (1): TUPE – Are workers protected?

cycle courier
Summary:  Are ‘workers’ and not just employees entitled to the benefits of TUPE? Yes, says an Employment Tribunal in Dewhurst v Revisecatch & City Sprint, available here. Facts:  Ms Dewhurst, and two others were bike couriers for CitySprint until 31 January 2018, when Citysprint lost their contract with HCA Healthcare. The contract was awarded to…
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