Results: 110

• Orr v Milton Keynes Council

  01 Feb 2011 [2011] EWCA Civ 62; [2011] ICR 704; [2011] 4 All ER 1256; [2011] WLR (D) 30, CA

  Subsequent considerations : 1 positive; 1 neutral. Subsequent citations: 10.
  EMPLOYMENT — Unfair dismissal — Reasonableness of dismissal
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  Case index catchwords

  EMPLOYMENT — Unfair dismissal — Reasonableness of dismissal — Misconduct — Local authority employee offensive to team leader — Investigation and decision to dismiss by senior manager — Manager unaware employee's behaviour partly provoked by team leader's conduct — Whether limited knowledge of manager relevant state of mind of employer when considering fairness of dismissal — Employment Rights Act 1996, s 98(4)

  2 Case(s) considered

  1 Statute considered

• Bridge Trustees Ltd v Yates (Secretary of State for Work and Pensions intervening) (Bridge Trustees Ltd v Houldsworth (Secretary of State for Work and Pensions intervening))

  (appn all) [2010] ICR 1368, SC(E)

  01 May 2008 [2008] EWHC 964 (Ch); [2008] Pen LR 261, Ch D (Sarah Asplin QC)

  04 Mar 2010 [2010] EWCA Civ 179; [2010] ICR 921; [2010] WLR (D) 65, CA (Mummery, Wilson, Rimer LJJ)

  27 Jul 2011 [2011] UKSC 42; [2011] 1 WLR 1912; [2011] ICR 1069; [2012] 1 All ER 659; [2011] WLR (D) 267; Case details, SC(E) (Lord Walker of Gestingthorpe, Baroness Hale of Richmond, Lord Mance, Lord Clarke of Stone-cum-Ebony JJSC, Lord Collins of Mapesbury)

  Subsequent citations: 4.
  TRUSTS — Pension scheme — Underprovision
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  Case index catchwords

  TRUSTS — Pension scheme — Underprovision — Salary related scheme restructured to provide benefits related to members’ contributions and matching credits from employer — Whether benefits attributable to employer's credits “derived from” member's voluntary contributions — Whether money purchase benefits — Whether features of scheme precluding benefits from being money purchase benefits — Pension Schemes Act 1993, s 181(1) — Pensions Act 1995, s 73 — Occupational Pension Schemes (Winding up) Regulations 1996, reg 13

  4 Case(s) considered

  2 Statutes considered

  1 Statutory Instrument considered

• Hackney London Borough Council v Sivanandan

  27 May 2011 UKEAT/75/10; [2011] ICR 1374, EAT

  29 Jan 2013 [2013] EWCA Civ 22; [2013] ICR 672; [2013] 2 All ER 940; [2013] WLR (D) 34, CA

  Subsequent citations: 6.
  DISCRIMINATION — Damages — Contribution
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  Case index catchwords

  DISCRIMINATION — Damages — Contribution — Claim of victimisation upheld against individuals, company and local authority — Local authority vicariously liable for employee — Loss indivisible — Whether tribunal having power to apportion liability by making award against employee and further award against local authority — Sex Discrimination Act 1975, s 41(1) — Race Relations Act 1976, s 32(1) — Civil Liability (Contribution) Act 1978, s 2

  4 Case(s) considered

  4 Statutes considered
• Duncombe v Secretary of State for Children, Schools and Families

  14 Dec 2009 [2009] EWCA Civ 1355; [2010] ICR 815; [2010] 4 All ER 335; [2009] WLR (D) 364, CA

  30 Mar 2011 [2011] UKSC 14; [2011] ICR 495; [2011] 2 All ER 417; Case details, SC(E)

  15 Jul 2011 (No 2) [2011] UKSC 36; [2011] ICR 1312; [2011] 4 All ER 1020; Case details, SC(E)

  Subsequent considerations : 3 positive; 3 neutral. Subsequent citations: 31.
  EMPLOYMENT — Unfair dismissal — Excluded classes
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  Case index catchwords

  EMPLOYMENT — Unfair dismissal — Excluded classes — Work outside Great Britain — British teacher employed by UK Government to work at EU school in Germany — Whether jurisdiction to hear unfair dismissal claim — Employment Rights Act 1996, s 94(1)

  3 Case(s) considered

  1 Statute considered

• Copple v Littlewoods plc

  23 Dec 2010 [2011] ICR 296, EAT

  08 Nov 2011 [2011] EWCA Civ 1281; [2012] ICR 354; [2012] 2 All ER 97; [2011] WLR (D) 319, CA

  Subsequent citations: 1.
  DISCRIMINATION — Sex — Equal pay
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  Case index catchwords

  DISCRIMINATION — Sex — Equal pay — Pension scheme — Part-time employees excluded from voluntary pension scheme — Equality clause to be implied while scheme remaining discriminatory — Whether employees who would not have joined entitled to declaration of entitlement to access during period scheme closed to them — Whether declarations in favour of employees who would have joined continuing once scheme open to them — Whether remedy of discretionary declaration sufficient — Equal Pay Act 1970, s 1(1)(2) (as substituted by Sex Discrimination Act 1975, s 8(1)) — Occupational Pension Schemes (Equal Access to Membership) Regulations 1976, regs 10(1), 12

  3 Case(s) considered

  1 Statute considered

  1 Statutory Instrument considered
• R (Shoesmith) v Ofsted

  23 Apr 2010 [2010] EWHC 852 (Admin); [2011] PTSR D13; [2010] WLR (D) 102, QBD

  27 May 2011 [2011] EWCA Civ 642; [2011] ICR 1195; [2011] PTSR 1459; [2011] LGR 649; [2011] WLR (D) 184, CA

  Subsequent considerations : 1 positive; most recently considered: 2024. Subsequent citations: 33.
  CHILDREN — Children's services — Ministerial directions
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  Case index catchwords

  CHILDREN — Children's services — Ministerial directions — Ofsted inspection and report into functioning of local authority child care services — Secretary of State’s directions requiring local authority to remove claimant from office as director of children’s services — Local authority summarily dismissing claimant — Whether failure of Ofsted to provide claimant with proper opportunity for discussion rendering inspection unlawful — Whether Secretary of State’s reliance on Ofsted report and failure to afford claimant opportunity to be heard rendering claimant’s removal from office unlawful — Whether local authority acting unlawfully in terminating claimant’s contract of employment — Whether judicial review of termination of employment contract appropriate — Education Act 1996 (c 56), s 497A(4B) (as inserted by School Standards and Framework Act 1998 (c 31), s 8, amended by Education Act 2002 (c 32), s 60 and modified by Children Act 2004 (c 31), s 50) — Children Act 2004 (c 31), s 20(1)(b)(5)(6)

  1 Case considered

  2 Statutes considered
• R (Coke-Wallis) v Institute of Chartered Accountants in England and Wales

  19 Jan 2011 [2011] UKSC 1; [2011] 2 AC 146; [2011] 2 WLR 103; [2011] ICR 224; [2011] 2 All ER 1; [2011] WLR (D) 3; Case details, SC(E)

  Subsequent considerations : 2 positive; 2 negative; most recently considered: 2025. Subsequent citations: 37.
  ESTOPPEL — Per rem judicatam — Cause of action estoppel
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  Case index catchwords

  ESTOPPEL — Per rem judicatam — Cause of action estoppel — Successive disciplinary complaints by regulatory body against accountant — First complaint dismissed — Whether final determination on merits — Accountant contending second complaint same as first — Whether autrefois acquit or res judicata applying — Whether cause of action estoppel applying to disciplinary proceedings — Whether second complaint barred

  4 Case(s) considered
• Tariq v Home Office

  16 Oct 2009 [2010] ICR 223, EAT

  04 May 2010 [2010] EWCA Civ 462; [2010] ICR 1034, CA

  14 Jul 2010 (appn all) [2010] ICR 1300, SC(E)

  13 Jul 2011 (JUSTICE intervening) [2011] UKSC 35; [2012] 1 AC 452; [2011] 3 WLR 322; [2011] ICR 938; [2012] 1 All ER 58; [2011] WLR (D) 229; Case details, SC(E)

  Subsequent considerations : 3 positive; 2 neutral; most recently considered: 2025. Subsequent citations: 75.
  HUMAN RIGHTS — Fair hearing — Employment tribunal
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  Case index catchwords

  HUMAN RIGHTS — Fair hearing — Employment tribunal — Claim of race discrimination following withdrawal of claimant's security clearance — Claimant to be excluded from parts of hearing on ground of national security — Special advocate appointed to represent claimant's interests when excluded — Whether procedure compatible with claimant's right to fair and public hearing — Whether compatible with EU law — Appropriate procedure at preliminary and substantive hearings — Human Rights Act 1998, Sch 1, Pt I, art 6 — Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004, Sch 1, r 54, Sch 2, r 8

  10 Case(s) considered

  1 Statute considered

  1 Statutory Instrument considered
• Joseph v Spiller

  22 May 2009 [2009] EWHC 1152 (QB), QBD (Eady J)

  22 Oct 2009 [2009] EWCA Civ 1075; [2010] ICR 642; [2009] WLR (D) 306, CA

  01 Dec 2010 (Associated Newspapers Ltd intervening) [2010] UKSC 53; [2011] 1 AC 852; [2010] 3 WLR 1791; [2011] ICR 1; [2011] 1 All ER 947; [2010] WLR (D) 310; Case details, SC(E)

  Subsequent considerations : 1 neutral; most recently considered: 2022. Subsequent citations: 70.
  EMPLOYMENT — Contract of employment — Illegality

  DEFAMATION — Fair comment — Test of fairness
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  Case index catchwords

  EMPLOYMENT — Contract of employment — Illegality — Work-seeker entering into online agreement with entertainment agency— Agreement referring work-seeker to separate document containing terms and conditions of hire— Work-seeker directly re-engaged by hirer in breach of hire condition— Agency publishing statement on website alleging claimants untrustworthy— Whether condition unenforceable by reason of breach of statutory requirement for terms of work-seeker’s agreement in single document— Whether statement fair comment— Conduct of Employment Agencies and Employment Business Regulations 2003 (SI 2003/3319), reg 14(2)

  DEFAMATION — Fair comment — Test of fairness — Posting on defendants’ website stating claimants in breach of contract and warning of their liability to break contracts— No particulars of alleged breach given— Whether defendants entitled to rely on alleged breach to support comment— Whether defence of fair comment requiring sufficient detail in statement to allow reader to judge if comment well founded— Defence to be renamed “honest comment”

  7 Case(s) considered

  1 Words & Phrases considered

  1 Statutory Instrument considered

• X v Mid Sussex Citizens Advice Bureau

  30 Oct 2009 [2010] ICR 423, EAT

  26 Jan 2011 (Equality and Human Rights Commission intervening) [2011] EWCA Civ 28; [2011] ICR 460; [2011] WLR (D) 15, CA

  01 Aug 2011 (appn all) [2011] ICR 1156, SC(E)

  12 Dec 2012 [2012] UKSC 59; [2013] ICR 249; [2013] 1 All ER 1038; Case details, SC(E)

  Subsequent citations: 10.
  DISCRIMINATION — Employment — Volunteer
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  Case index catchwords

  DISCRIMINATION — Employment — Volunteer — Unpaid volunteer at advice bureau working under non-binding agreement — Whether person whom bureau “employs” for purposes of protection from discrimination — Whether voluntary work “occupation” — Whether Community prohibition of discrimination requiring protection for voluntary workers — Whether arrangement for “purpose of determining to whom [bureau] should offer employment” — Disability Discrimination Act 1995, ss 4(1)(a)(2), 68(1) (as substituted by Disability Discrimination Act 1995 (Amendment) Regulations 2003, reg 5) — Council Directive 2000/78/EC, art 3(1)(a)

  DISCRIMINATION — Employment — Volunteer — Unpaid volunteer at advice bureau working under non-binding agreement — Whether arrangement for “purpose of determining to whom [bureau] should offer employment” — Whether European Union prohibition of discrimination requiring protection for voluntary workers — Whether volunteer “worker” — Whether voluntary work “occupation” — Whether “vocational training” — Disability Discrimination Act 1995, ss 4(1)(a)(2), 68(1) (as substituted by Disability Discrimination Act 1995 (Amendment) Regulations 2003, reg 5) — Council Directive 2000/78/EC, art 3(1)(a)

  DISCRIMINATION — Employment — Volunteer — Unpaid volunteer at advice bureau working under non-binding agreement — Whether European Union prohibition of discrimination requiring protection for voluntary workers — Whether voluntary work “occupation” — Whether jurisdiction to hear claim — Disability Discrimination Act 1995, ss 4(1)(a)(2), 68(1) (as substituted by Disability Discrimination Act 1995 (Amendment) Regulations 2003, reg 5) — Council Directive 2000/78/EC, art 3(1)(a)

  5 Case(s) considered

  5 Words & Phrases considered

  1 EU Enactment considered

  1 Statute considered