Results: 102

• O’Hanlon v Revenue and Customs Comrs

  04 Aug 2006 [2006] ICR 1579, EAT

  30 Mar 2007 [2007] EWCA Civ 283; [2007] ICR 1359, CA

  Subsequent considerations : 1 neutral. Subsequent citations: 7.
  DISCRIMINATION — Disability — Disabled person
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  Case index catchwords

  DISCRIMINATION — Disability — Disabled person — Claimant absent due to disability receiving reduced sick pay under employer's long term absence policy — Whether placed at substantial disadvantage — Whether failure by employer to make adjustments — Whether disability-related less favourable treatment — Whether excessive cost of providing full pay to disabled employees on long term absence justifying any discrimination — Disability Discrimination Act 1995, ss 3A, 4A (as inserted by Disability Discrimination Act 1995 (Amendment) Regulations 2003, regs 4(2), 5)

  8 Case(s) considered

  1 Statute considered
• Raschid v General Medical Council (Fatnani v General Medical Council)

  15 Jan 2007 [2007] EWCA Civ 46; [2007] 1 WLR 1460; [2007] ICR 811, CA

  Subsequent considerations : 1 positive; 1 negative. Subsequent citations: 267.
  MEDICAL PRACTITIONER — Fitness to Practice Panel — Appeal
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  Case index catchwords

  MEDICAL PRACTITIONER — Fitness to Practice Panel — Appeal — Doctors appealing against suspension and erasure from register imposed by panel — Extent of court's jurisdiction to vary penalty imposed by panel — Medical Act 1983, ss 36(1) (as amended by Medical Act 1983 (Amendment) Order 2000, art 5), 40(7) (as substituted by Medical Act 1983 (Amendment) Order 2002, art 13)

  4 Case(s) considered

  1 Statute considered
• De Cuyper v Office national de l’emploi

  18 Jul 2006 (Case C-406/04); EU:C:2006:491; [2007] ICR 317; [2006] All ER (EC) 947, ECJ

  Subsequent considerations : 2 positive; 1 neutral; most recently considered: 2011. Subsequent citations: 35.
  EUROPEAN COMMUNITY — Freedom of movement — Social security

  EUROPEAN UNION — Freedom to move and reside within the territory of the European Union — Unemployment allowances
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  Case index catchwords

  EUROPEAN COMMUNITY — Freedom of movement — Social security — Unemployment benefit — Entitlement conditional on habitual residence in member state — Whether contrary to freedom of movement and residence — Whether justifiable — EC Treaty, art 18EC

  EUROPEAN UNION — Freedom to move and reside within the territory of the European Union — Unemployment allowances — Requirement actually to reside in national territory

  1 EU Enactment considered

• Wain v Guernsey Ship Management Ltd

  03 Apr 2007 [2007] EWCA Civ 294; [2007] ICR 1350, CA

  EMPLOYMENT — Transfer of undertaking — Whether relevant transfer
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  Case index catchwords

  EMPLOYMENT — Transfer of undertaking — Whether relevant transfer — Ferry service employing 12 of its workers on short-term contracts in different capacities on different vessels — Short-term contracts not renewed and workers engaged by respondent and supplied to do same work — Whether workers economic entity — Whether relevant transfer — Transfer of Undertakings (Protection of Employment) Regulations 1981, reg 3

  1 Case considered

  1 Statutory Instrument considered

• Aziz v Crown Prosecution Service

  31 Jul 2006 [2006] EWCA Civ 1136; [2007] ICR 153, CA

  Subsequent citations: 2.
  DISCRIMINATION — Race — Employment
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  Case index catchwords

  DISCRIMINATION — Race — Employment — Employee suspended following unsubstantiated allegations of making offensive remarks — Whether employer's disciplinary code and considerations of fairness requiring reasonable grounds to suspect misconduct — Whether prior inquiry necessary — Whether refusal to allow employee to be accompanied or represented at initial interview less favourable treatment

• Bull v Nottinghamshire and City of Nottingham Fire and Rescue Authority (Lincolnshire County Council v Fire Brigades Union)

  28 Feb 2007 [2007] EWCA Civ 240; [2007] ICR 1631; [2007] LGR 439, CA

  Subsequent citations: 1.
  EMPLOYMENT — Contract of employment — Collective agreement
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  Case index catchwords

  EMPLOYMENT — Contract of employment — Collective agreement — Employers requiring firefighters to respond to medical emergencies in place of ambulance crews — No specific reference to such duties in collective agreement — Whether part of firefighters' duty to treat casualties — Whether employers able to require firefighters to undertake duties

  2 Case(s) considered

• Ellis v Bristol City Council

  05 Jul 2007 [2007] EWCA Civ 685; [2007] ICR 1614; The Times, 21 August 2007, CA (Smith, Lloyd and Wilson LJJ)

  Subsequent citations: 6.
  HEALTH AND SAFETY — Employer's liability — Slippery floor
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  HEALTH AND SAFETY — Employer's liability — Slippery floor — Care assistant slipping on pool of urine on floor — Floor frequently wet with urine — Whether breach of duty to ensure surface of floor suitable for purpose — Contributory negligence — Workplace (Health, Safety and Welfare) Regulations 1992 (SI 1992/3004), reg 12

  1 Case considered

  1 Statutory Instrument considered
• Derbyshire v St Helens Metropolitan Borough Council

  23 Jul 2004 [2004] IRLR 851, EAT (Cox J)

  29 Jul 2005 [2005] EWCA Civ 977; [2006] ICR 90, CA (Mummery, Jonathan Parker and Lloyd LJJ)

  05 Dec 2005 (pet all) [2006] ICR 424, HL(E) (Lord Hope of Craighead, Lord Walker of Gestingthorpe and Baroness Hale of Richmond)

  25 Apr 2007 (Equal Opportunities Commission intervening) [2007] UKHL 16; [2007] ICR 841; [2007] 3 All ER 81, HL(E) (Lord Bingham of Cornhill, Lord Hope of Craighead, Baroness Hale of Richmond, Lord Carswell and Lord Neuberger of Abbotsbury)

  Subsequent considerations : 2 positive; 1 negative; most recently considered: 2024. Subsequent citations: 25.
  DISCRIMINATION — Employment — Sex
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  Case index catchwords

  DISCRIMINATION — Employment — Sex — Majority of female school catering staff settling equal pay claims — Employers' letter to all staff claiming that success of claims by minority likely to result in substantial reduction of meals service — Complaints by minority of victimisation — Whether less favourable treatment by reason of pursuing equal pay claims — Sex Discrimination Act 1975, ss 4(1)(a), 6(2)(b)

  5 Case(s) considered

  1 Statute considered

• R v Balfour Beatty Rail Infrastructure Services Ltd

  05 Jul 2006 [2006] EWCA Crim 1586; [2007] Bus LR 77; [2007] ICR 354; The Times, 18 July 2006, CA

  Subsequent citations: 10.
  HEALTH AND SAFETY — Statutory offence — Employer's liability
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  Case index catchwords

  HEALTH AND SAFETY — Statutory offence — Employer's liability — Fatal train derailment caused by track disintegrating — Company responsible for inspecting track pleading guilty to failing to discharge duty not to expose non-employees to risks to health and safety — Judge fining company £10m — Whether fine excessive — Guidelines on sentencing companies where employees or non-employees put at risk — Health and Safety at Work etc Act 1974, s 3(1)

  1 Case considered

  1 Statute considered
• R (Equal Opportunities Commission) v Secretary of State for Trade and Industry

  12 Mar 2007 [2007] EWHC 483 (Admin); [2007] ICR 1234, QBD

  Subsequent considerations : 1 positive; most recently considered: 2008. Subsequent citations: 16.
  DISCRIMINATION — Sex — Harassment
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  Case index catchwords

  DISCRIMINATION — Sex — Harassment — National legislation precluding unwanted conduct “on the ground of” sex — Community law precluding conduct “related to” sex — Whether causative requirement in national legislation non-compliant — Whether objective test appropriate — Requirement for comparator in discrimination claims on grounds of pregnancy and maternity leave — Whether impermissible — Restrictions on right to claim discrimination during maternity leave — Whether regressive — Sex Discrimination Act 1975, ss 3A, 4A, 6A (as inserted by Employment Equality (Sex Discrimination) Regulations 2005, regs 4, 5, 8) — Council Directive 76/207/EEC, arts 2(2), 8e(2) (as substituted by Parliament and Council Directive 2002/73/EC, art 1)

  5 Case(s) considered

  2 Words & Phrases considered

  1 EU Enactment considered

  1 Statute considered