Results: 101

• Hutchison 3G UK Ltd v Francois

  14 May 2009 [2009] EWCA Civ 405; [2009] ICR 1323; [2009] WLR (D) 154, CA

  INDUSTRIAL RELATIONS — Employment tribunals — Review of decision
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  INDUSTRIAL RELATIONS — Employment tribunals — Review of decision — Claim rejected for failure to provide details — Claimant contending details faxed as attachment to claim form and applying for review — Further claim form submitted out of time — Chairman at pre-hearing review deciding particulars not sent and rejecting claim as being out of time — Subsequent review of decision to reject first claim form granted on ground of administrative error — Whether tribunal bound by finding of fact made at pre-hearing review — Whether interests of justice requiring review — Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004, Sch 1, r 34(3)(a)(e)

  1 Statutory Instrument considered

• Coutinho v Rank Nemo (DMS) Ltd

  20 May 2009 [2009] EWCA Civ 454; [2009] ICR 1296; [2009] WLR (D) 163, CA

  09 Dec 2009 (appn dis) [2010] ICR 212, SC(E)

  Subsequent citations: 1.
  DISCRIMINATION — Employment — Former employee
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  DISCRIMINATION — Employment — Former employee — Award of compensation against respondent transferee for race discrimination and unfair dismissal by transferor — Respondent failing to pay award despite county court judgment — Claim of victimisation in retaliation for earlier proceedings — Whether claimant's status as former employee or judgment creditor precluding claim — Whether employment tribunal jurisdiction to consider claim — Race Relations Act 1976, s 2(1)

  1 Case considered

  1 Statute considered
• 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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  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

• Eweida v British Airways plc

  20 Nov 2008 [2009] ICR 303, EAT

  12 Feb 2010 [2010] EWCA Civ 80; [2010] ICR 890; [2010] WLR (D) 37, CA

  26 May 2010 (appn dis) [2010] ICR 999, SC(E)

  Subsequent citations: 17.
  DISCRIMINATION — Religion or belief — Particular disadvantage
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  DISCRIMINATION — Religion or belief — Particular disadvantage — Employers' policy requiring employees to conceal religious items under uniform — Christian suspended for wearing cross outside uniform — Whether claimant member of group at particular disadvantage — Whether indirect discrimination — Employment Equality (Religion or Belief) Regulations 2003, reg 3

  DISCRIMINATION — Religion or belief — Particular disadvantage — Employer's policy requiring employees to conceal religious items under uniform — Christian suspended for wearing cross outside uniform — Whether member of group at particular disadvantage — Whether indirect discrimination — Employment Equality (Religion or Belief) Regulations 2003, reg 3

  1 Case considered

  1 Statutory Instrument considered
• Dumfries and Galloway Council v North

  25 May 2009 [2009] ICR 1363, EAT(Sc)

  07 Jan 2011 [2011] CSIH 2; 2011 SLT 203; 2011 SC 372, Ct of Sess

  26 Jun 2013 (Equality and Human Rights Commission intervening) [2013] UKSC 45; [2013] ICR 993; [2013] 4 All ER 413; [2013] WLR (D) 264; Case details; 2013 SC (UKSC) 298, SC

  Subsequent considerations : 2 positive. Subsequent citations: 7.
  DISCRIMINATION — Sex — Equal pay

  EMPLOYMENT — Equal pay claim — Female teaching assistants and nursery nurses selecting male groundsmen and refuse collectors as comparators

  STATUTE — Construction of sec 1(6) of Equal Pay Act 1970 — Whether test of “real possibility” of male comparators working at same establishment as female comparators required by sec 1(6)

  EMPLOYMENT — Equal pay — Same employment
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  DISCRIMINATION — Sex — Equal pay — Same employment — Claimants employed at council schools — Male comparators employed at council depots under different collective agreement — Whether comparison permissible where no possibility of comparators doing their jobs at schools — Whether comparators in “same employment” — Equal Pay Act 1970, s 1(6) (as amended by Sex Discrimination Act 1975, Sch 1, para 1(1))

  EMPLOYMENT — Equal pay claim — Female teaching assistants and nursery nurses selecting male groundsmen and refuse collectors as comparators — Whether comparators to be treated as in “same employment” for purposes of legislation

  STATUTE — Construction of sec 1(6) of Equal Pay Act 1970 — Whether test of “real possibility” of male comparators working at same establishment as female comparators required by sec 1(6) — Equal Pay Act 1970 (cap 41), sec 1(6)

  EMPLOYMENT — Equal pay — Same employment — Comparator neither employed under same terms and conditions nor in same establishment

  4 Case(s) considered

  1 Words & Phrases considered

  1 Statute 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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  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

• Wilson v Health and Safety Executive

  19 Dec 2008 [2009] ICR 498; [2009] 2 CMLR 8; [2009] IRLR 282, EAT (Elias J, I Ezekiel, P Tatlow)

  20 Oct 2009 (Equality and Human Rights Commission intervening) [2009] EWCA Civ 1074; [2010] ICR 302; [2009] WLR (D) 300, CA (Sedley, Arden, Rimer LJJ)

  Subsequent citations: 10.
  DISCRIMINATION — Sex — Equal pay
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  DISCRIMINATION — Sex — Equal pay — Claimant paid less than male comparators — Length of service reason for differential — Employer applying length of service criterion for up to 10 years — Whether required to justify period of application — Equal Pay Act 1970, s 1(3) (as substituted by Equal Pay (Amendment) Regulations 1983, reg 2(2))

  DISCRIMINATION — Sex — Equal pay — Claimant paid less than male comparators rated as equivalent — Differential due to length of service — Employer applying length of service criterion for up to 10 years — Whether required to justify period of application — Equal Pay Act 1970, s 1(3) (as substituted by Equal Pay (Amendment) Regulations 1983, reg 2(2))

  4 Case(s) considered

  1 Statute considered
• Ministry of Justice (formerly Department for Constitutional Affairs) v O’Brien

  19 Dec 2008 [2008] EWCA Civ 1448; [2009] ICR 593, CA

  06 Feb 2013 (Council of Immigration Judges intervening) [2013] UKSC 6; [2013] 1 WLR 522; [2013] ICR 499; [2013] 2 All ER 1; [2013] WLR (D) 47; Case details, SC(E)

  Subsequent considerations : 3 positive; 1 neutral. Subsequent citations: 72.
  DISCRIMINATION — Part-time worker — Judicial office holder
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  DISCRIMINATION — Part-time worker — Judicial office holder — Part-time fee-paid recorder — Whether “worker who has ... employment relationship” — No pension provision for recorders — Whether justified — Claim for entitlement to pension — When time starting to run — Wheher time to be extended — Whether recorder entitled to pro rata pension of full-time salaried judge — Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000, regs 1(2), 5, 8(2)((3), 17 — Council Directive 97/81/EC, Annex, cll 2.1, 4, recital (16)

  3 Case(s) considered

  2 Words & Phrases considered

  1 EU Enactment considered

  1 Statutory Instrument considered

• Secretary of State for Children, Schools and Families v Fletcher (No 2)

  30 Sep 2008 UKEAT/95/08; [2009] ICR 102; [2008] 3 CMLR 47, EAT (Judge McMullen QC, Mr I Ezekiel and Mr P Smith)

  14 Dec 2009 [2009] EWCA Civ 1355; [2010] ICR 815; [2010] 4 All ER 335, CA (Mummery, Maurice Kay, Jacob LJJ)

  30 Mar 2011 [2011] UKSC 14; [2011] ICR 495; [2011] 2 All ER 417; [2011] WLR (D) 114; Case details, SC(E) (Lord Rodger of Earlsferry, Baroness Hale of Richmond, Lord Mance, Lord Collins of Mapesbury and Lord Clarke of Stone-cum-Ebony JJSC)

  Subsequent citations: 4.
  DISCRIMINATION — Fixed-term employee — Justification
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  DISCRIMINATION — Fixed-term employee — Justification — Teacher at school established under treaty by European Communities and member states — Employment on series of fixed-term contracts lasting 9 years — Staff regulations restricting employment to 9 years — Whether fixed-term contract justified on objective grounds — Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002, reg 8(2) — Council Directive 99/70/EC, Annex, cl 5

  7 Case(s) considered

  2 EU Enactments considered

  1 Statute considered

  1 Statutory Instrument considered
• Alemo-Herron v Parkwood Leisure Ltd

  12 Jan 2009 [2009] ICR 703, EAT

  29 Jan 2010 [2010] EWCA Civ 24; [2010] ICR 793; [2010] WLR (D) 16, CA

  17 Jun 2010 (appn all) [2010] ICR 1224, SC(E)

  15 Jun 2011 [2011] UKSC 26; [2011] ICR 920; [2011] 4 All ER 800; Case details, SC(E)

  18 Jul 2013 (Case C-426/11); EU:C:2013:521; [2013] ICR 1116; [2014] All ER (EC) 400; [2013] WLR (D) 288, ECJ

  Subsequent considerations : 2 positive. Subsequent citations: 31.
  EMPLOYMENT — Transfer of undertaking — Protection of employees

  EUROPEAN UNION — Transfer of undertakings — Directive 2001/23/EC
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  EMPLOYMENT — Transfer of undertaking — Protection of employees — Local authority employees' pay linked to collective agreement between unions and local authorities — Transfer to private sector — New collective agreement negotiated with revised terms as to pay — Transferee not party to agreement — Whether transferred employees entitled to revised pay — Transfer of Undertakings (Protection of Employment) Regulations 1981, reg 5(1)(2) — Council Directive 77/187/EEC, art 3(1)

  EUROPEAN UNION — Transfer of undertakings — Directive 2001/23/EC — Safeguarding of employees’ rights — Collective agreement applicable to the transferor and to the employee at the time of the transfer

  8 Case(s) considered

  1 EU Enactment considered

  1 Statutory Instrument considered