Results: 99

• British Airways plc v Williams (Williams v British Airways plc.)

  28 Feb 2008 [2008] ICR 779, EAT

  03 Apr 2009 [2009] EWCA Civ 281; [2009] ICR 906, CA

  24 Mar 2010 [2010] UKSC 16; [2010] 2 All ER 1053; Case details, SC(E)

  15 Sep 2011 (Case C-155/10); EU:C:2011:588; [2012] ICR 847; [2011] WLR (D) 282, ECJ

  17 Oct 2012 [2012] UKSC 43; [2012] ICR 1375; [2013] 1 All ER 443; [2012] WLR (D) 277, SC(E)

  Subsequent considerations : 3 positive; 2 neutral; most recently considered: 2017. Subsequent citations: 21.
  EMPLOYMENT — Working time provisions — Paid annual leave

  EUROPEAN UNION — Working conditions — Directive 2003/88/EC
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  Case index catchwords

  EMPLOYMENT — Working time provisions — Paid annual leave — Airline pilots receiving supplementary payments additional to basic pay when working — Payments including allowance for expense of working away from base — Pay during leave to include element for supplements intrinsically linked to work to be carried out — Element to be assessed as average over representative period of all remuneration save where allowance intended exclusively to cover costs — No domestic legislative scheme — Whether for employer to undertake assessment — Whether otherwise employment tribunal able to make assessment — Civil Aviation (Working Time) Regulations 2004, regs 4, 18 — Council Directive 2000/79/EC, Annex, cl 3 — Parliament and Council Directive 2003/88/EC, art 7

  EUROPEAN UNION — Working conditions — Directive 2003/88/EC — Organisation of working time — Right to annual leave — Airline pilots

  7 Case(s) considered

  4 EU Enactments considered

  1 Statutory Instrument considered

• Smith v Northamptonshire County Council

  11 Mar 2008 [2008] EWCA Civ 181; [2008] ICR 826, CA

  14 Jul 2008 (pet all) [2008] ICR 1358, HL(E)

  20 May 2009 [2009] UKHL 27; [2009] ICR 734; [2009] 4 All ER 557; [2009] WLR (D) 165, HL(E)

  Subsequent citations: 4.
  HEALTH AND SAFETY — Employer’s liability — Work equipment
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  Case index catchwords

  HEALTH AND SAFETY — Employer’s liability — Work equipment — Carer regularly collecting client for day care — Injured pushing client in wheelchair on ramp at client's house — Whether ramp “work equipment” — Whether “equipment … used by an employee … at work” — Whether employer in breach of statutory duty to maintain — Provision and Use of Work Equipment Regulations 1998, regs 2(1), 3(2), 5(1)

  3 Case(s) considered

  3 Words & Phrases considered

  2 Statutory Instruments considered
• Paquay v Société d’architectes Hoet + Minne SPRL

  11 Oct 2007 (Case C-460/06); EU:C:2007:601; [2008] ICR 420, ECJ

  Subsequent considerations : 1 neutral. Subsequent citations: 19.
  DISCRIMINATION — Sex — Employment

  EUROPEAN UNION — Social policy — Protection of pregnant women
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  Case index catchwords

  DISCRIMINATION — Sex — Employment — Pregnancy — Employer deciding to dismiss pregnant employee on ground of pregnancy and advertising for replacement during protection period — Dismissal notice given after end of protection period — Whether contrary to Community law — Appropriate sanction for infringement in national law — Council Directive 76/207/EEC, arts 2(1), 5(1) — Council Directive 92/85/EEC, art 10(1)

  EUROPEAN UNION — Social policy — Protection of pregnant women — Directive 92/85/EEC — Article 10 — Prohibition on dismissal from the beginning of pregnancy to the end of maternity leave — Period of protection — Decision to dismiss a female worker during that period of protection — Notification and implementation of the decision to dismiss after the expiry of that period — Equal treatment for male and female workers — Directive 76/207/EEC — Articles 21, 51, and 6 — Direct discrimination on grounds of sex — Sanctions
• New Testament Church of God v Stewart

  27 Oct 2006 [2007] IRLR 178, EAT

  19 Oct 2007 [2007] EWCA Civ 1004; [2008] ICR 282, CA

  Subsequent considerations : 2 positive. Subsequent citations: 10.
  EMPLOYMENT — Contract of employment — Church minister
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  Case index catchwords

  EMPLOYMENT — Contract of employment — Church minister — Minister performing spiritual and administrative duties as pastor of local church — Minister's pastorate terminated — Claim for unfair dismissal — Whether minister “employee” — Employment Rights Act 1996, s 230 — Human Rights Act 1998, Sch 1, Pt I, art 9

  5 Case(s) considered

  1 Words & Phrases considered

  2 Statutes considered

• R v Chargot Ltd (trading as Contract Services)

  13 Dec 2007 [2007] EWCA Crim 3032; [2008] ICR 517; [2008] 2 All ER 1077, CA

  23 Apr 2008 (pet all) [2008] UKHL 73; [2009] 1 WLR 1; [2008] ICR 825; [2009] ICR 263; [2009] 2 All ER 645, HL(E)

  Subsequent citations: 28.
  HEALTH AND SAFETY — Statutory offence — Burden of proof
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  Case index catchwords

  HEALTH AND SAFETY — Statutory offence — Burden of proof — Employee killed while driving dumper truck on building site — Employer and principal contractor charged with breach of duty not to expose to risk to health or safety — Whether sufficient for prosecution to prove risk of danger for burden to transfer to defendants to establish not reasonably practicable to do more — Whether necessary to identify scope of duty by reference to specific failures — Health and Safety at Work etc Act 1974, ss 2(1), 3(1), 40

  6 Case(s) considered

  2 Statutes considered
• R (BAPIO Action Ltd) v Secretary of State for the Home Department

  09 Nov 2007 [2007] EWCA Civ 1139; [2008] ACD 7, CA

  30 Apr 2008 [2008] UKHL 27; [2008] AC 1003; [2008] 2 WLR 1073; [2008] ICR 659; [2009] 1 All ER 93, HL(E)

  Subsequent considerations : 3 positive; 1 neutral; most recently considered: 2021. Subsequent citations: 139.
  IMMIGRATION — Limited leave to enter — Highly skilled migrant programme
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  Case index catchwords

  IMMIGRATION — Limited leave to enter — Highly skilled migrant programme — Postgraduate medical trainees seeking posts in NHS — Health Secretary issuing guidance to NHS employers to restrict offers of places to resident applicants — Existing trainees on migrant programme unable to renew training contracts becoming ineligible to remain — Whether issue of guidance within scope of statutory immigration regime requiring changes via amendment to Immigration Rules — Whether inconsistent with legitimate expectations of trainees on programme to qualify for indefinite leave to remain — Immigration Act 1971, ss 1(2)(4), 3(2)

  2 Case(s) considered

  1 Statute considered

• R v P

  11 Dec 2000 [2002] 1 AC 146; [2001] 2 WLR 463; [2001] 2 All ER 58; [2001] 2 Cr App R 121, HL(E)

  Subsequent citations: 32.
  CRIME — Evidence — Telephone intercept
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  Case index catchwords

  CRIME — Evidence — Telephone intercept — Recordings of telephone conversations between national of European country and British appellants — Intercepts and recordings made in European country in accordance with local law — Whether recordings admissible in evidence at trial of appellants on drugs charges — Whether breach of appellants' rights — Whether public policy requiring exclusion — Police and Criminal Evidence Act 1984, s 78(1)(2) — Convention for the Protection of Human Rights and Fundamental Freedoms (1953), arts 6, 8

  5 Case(s) considered

  1 Statute considered

  1 International Agreement considered
• Del Cerro Alonso v Osakidetza (Servicio Vasco de Salud)

  13 Sep 2007 (Case C-307/05); EU:C:2007:509; [2008] ICR 145, ECJ

  Subsequent considerations : 3 positive. Subsequent citations: 39.
  DISCRIMINATION — Fixed-term employee — Less favourable treatment

  EUROPEAN UNION — Directive 1999/70/EC — Clause 4 of the framework agreement on fixed-term work
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  Case index catchwords

  DISCRIMINATION — Fixed-term employee — Less favourable treatment — Length-of-service allowances paid to permanent but not temporary staff — Whether differential treatment in relation to “employment conditions” — Whether prohibition of discrimination excluded by non-applicability to “pay” — Whether difference in treatment justifiable by provision in national legislation or collective agreement — EC Treaty, art 137(5)EC — Council Directive 99/70/EC, Annex, cl 4 (1)

  EUROPEAN UNION — Directive 1999/70/EC — Clause 4 of the framework agreement on fixed-term work — Principle of non-discrimination — Concept of 'employment conditions' — Length-of-service allowance — Inclusion — Objective grounds justifying a difference in treatment — None

  3 Case(s) considered

  2 Words & Phrases considered

  2 EU Enactments considered

• Jouini v Princess Personal Service GmbH

  13 Sep 2007 (Case C-458/05); EU:C:2007:512; [2008] ICR 128, ECJ

  Subsequent citations: 8.
  EMPLOYMENT — Transfer of undertaking — Whether relevant transfer

  EUROPEAN UNION — Social policy — Directive 2001/23/EC
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  Case index catchwords

  EMPLOYMENT — Transfer of undertaking — Whether relevant transfer — Transfer of part of business from one temporary employment agency to another — Whether economic entity capable of being transferred — Council Directive 2001/23/EC, art 1(1)

  EUROPEAN UNION — Social policy — Directive 2001/23/EC — Safeguarding of employees' rights — Transfer of undertakings — Concept of 'transfer' — Temporary employment business

  1 EU Enactment considered
• R v Porter (James)

  19 May 2008 [2008] EWCA Crim 1271; [2008] ICR 1259, CA

  Subsequent considerations : 1 neutral. Subsequent citations: 11.
  HEALTH AND SAFETY — Statutory offence — Employer's liability
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  Case index catchwords

  HEALTH AND SAFETY — Statutory offence — Employer's liability — Duty not to expose public to risks to health or safety — Young child injured on school playground steps — Whether exposed to risk by school's lack of supervision — Whether requirement to guard against risks of everyday life — Health and Safety at Work etc Act 1974, s 3(1)

  1 Statute considered