Category Archives: Case update

Case update (2): Discrimination – Knowledge of Disability

Summary:  Can an employer have constructive knowledge of disability if, although it did not make sufficient enquiries into the employee’s health, the employee would not have answered such enquiries (truthfully) anyway? No, says the EAT in A Limited -v- Z, available here. Facts:   Z, the employee, (anonymous because of the sensitive nature of her disability),…
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Case update (1): Disability Discrimination – is it Long-Term?

depression
Summary:  At what point should an assessment be made of whether an employee’s disability is long-term? The EAT says at the time of the alleged discriminatory act.  The question is whether the impairment is ‘likely’ to last for twelve months (or ‘likely’ to recur). (Parnaby v Leicester City Council, available here). Background:  An employee will…
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Case update (3): Whistleblowing – What is in the Public Interest?

whistle-blower
Summary: For a disclosure to be ‘in the public interest’, is it enough that the employee has a reasonable belief that this is the case? Yes, held the EAT in Okwu v Rise Community Action available here. Facts:  Ms Okwu was a new starter with Rise – a small charitable organisation – supporting individuals affected…
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Case Update (3): Immigration – Illegal Working and Tribunal Claims

right to work
Summary: Can an employer rely on a breach of the immigration rules to argue that an employment contract is unenforceable in claims by employees? No held the Court of Appeal in Okedina v Chikale available here. Facts: Miss Chikale was a Malawi national who was initially employed by Mrs Okedina in Malawi in 2010. Miss…
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Case Update (2):  Happy Holidays! Pay for Term-Time Workers

holiday pay
What do we already know? We updated you in our March 2018 Newsletter Case update (2): Happy holidays! Pay for term-time workers that the EAT had decided in Brazel v The Harpur Trust that holiday pay for staff who work irregular hours should be calculated using the standard 12-week reference period required under the Working…
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Case Update (1): Agency Workers – Hours of Work

picture of various workers
Summary:  Are agency workers entitled to the same number of working hours per week as permanent employees? No, says the Court of Appeal in Kocur v Angard Staffing Solutions Ltd available here. Background:  The Agency Workers Regulations 2010 (AWR) were introduced to ensure that the basic terms and conditions of temporary agency staff are the…
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Case Update (2):  Holiday Pay and Breaking the Chain

holiday pay
Summary:  Does a gap of more than three months break a ‘series of deductions’ in an unlawful deduction from wages claim? No, held the Court of Appeal in Northern Ireland (‘NICA’) in Chief Constable of Northern Ireland Police v Agnew available here. Background:  Under Article 7 of the Working Time Directive (WTD), EU Member States…
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Case Update (1): Disability Discrimination – Careful what you perceive

What do we already know? We updated you in our February 2018 Newsletter Case update (1): Disability discrimination – careful what you perceive on EAT’s decision in Chief Constable of Norfolk v Coffey.  The EAT held that an employer can directly discriminate against an employee even if they do not actually have a disability.  It…
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Case Update (3): Guidance on Covert Recordings

Summary: Is it misconduct for an employee to make a covert recording at work? Yes, except in the most pressing of circumstances, held the EAT in Phoenix House v Stockman available here. Facts:  The employee, Mrs Stockman, brought a successful claim in the Employment Tribunal for unfair dismissal.   During the Tribunal proceedings it emerged that…
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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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