Results: 130

• Edwards v Chesterfield Royal Hospital NHS Foundation Trust

  31 Jul 2009 [2009] EWHC 2011 (QB); [2009] IRLR 822, QBD (Nicol J)

  26 May 2010 [2010] EWCA Civ 571; [2011] QB 339; [2010] 3 WLR 1285; [2010] ICR 1181; [2010] WLR (D) 135, CA

  14 Dec 2011 [2011] UKSC 58; [2012] 2 AC 22; [2012] 2 WLR 55; [2012] ICR 201; [2012] 2 All ER 278; Case details, SC(E)

  Subsequent citations: 37.
  EMPLOYMENT — Contract of employment — Breach of contract
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  Case index catchwords

  EMPLOYMENT — Contract of employment — Breach of contract — Summary dismissal on ground of gross misconduct — Employer failing to comply with contractual disciplinary procedure — Employee unable to obtain equivalent post — Whether damages recoverable for breach of contract

  7 Case(s) considered
• Leach v Office of Communications

  13 Jul 2012 [2012] EWCA Civ 959; [2012] ICR 1269; [2012] WLR (D) 205, CA

  28 Jul 2015 Permission to appeal to Supreme Court refused

  Subsequent considerations : 1 negative. Subsequent citations: 8.
  EMPLOYMENT — Unfair dismissal — Reasonableness of dismissal
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  EMPLOYMENT — Unfair dismissal — Reasonableness of dismissal — Some other substantial reason — Formal police disclosure to employer based on unsubstantiated allegations employee posing threat to children — Employer concerned of risk to reputation dismissing employee — Employee’s work not bringing him into contact with children — Whether dismissal fair — Employment Rights Act 1996, s 98(1)(b)(4)

  1 Case considered

  1 Statute considered
• Caterpillar Logistics Services Ltd v Huesca de Crean

  02 Dec 2011 [2011] EWHC 3154 (QB), QBD (Tugendhat J)

  21 Feb 2012 [2012] EWCA Civ 156; [2012] ICR 981; [2012] 3 All ER 129; [2012] WLR (D) 40, CA

  Subsequent considerations : 1 neutral. Subsequent citations: 22.
  EMPLOYMENT — Contract of employment — Fiduciary duty
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  EMPLOYMENT — Contract of employment — Fiduciary duty — Contract restraining use of confidential information — No covenant in restraint of trade — Employee leaving to work for customer of employer — Customer renegotiating contract with employer — Whether employer entitled to injunction preventing employee from any involvement with contract — Senior Courts Act 1981, s 37

  3 Case(s) considered

  1 Statute considered
• O’Cathail v Transport for London

  13 Jan 2012 UKEAT/247/11; [2012] ICR 561, EAT

  29 Jan 2013 [2013] EWCA Civ 21; [2013] ICR 614; [2013] WLR (D) 31, CA

  08 Apr 2013 (appn dis) [2013] ICR 850, SC(E)

  Subsequent considerations : 1 positive; 4 neutral. Subsequent citations: 27.
  INDUSTRIAL RELATIONS — Employment tribunals — Adjournment of hearing
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  INDUSTRIAL RELATIONS — Employment tribunals — Adjournment of hearing — Claimant seeking adjournment on basis of doctor’s advice unfit to attend — Tribunal accepting medical evidence but refusing adjournment and dismissing claim — Whether claimant denied fair hearing — Whether refusal of adjournment fair

  5 Case(s) 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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  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

• Dalriada Trustees Ltd v Faulds

  15 Dec 2011 [2011] EWHC 3391 (Ch); [2012] ICR 1106; [2012] 2 All ER 734; [2011] WLR (D) 373, Ch D

  Subsequent citations: 6.
  PENSIONS — Pension scheme — Unauthorised member payments
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  PENSIONS — Pension scheme — Unauthorised member payments — Schemes operating pensions reciprocation plan — Arrangement whereby each of two unconnected occupational pension schemes lending money to member of other — Whether loans unauthorised member payments — Whether valid — Finance Act 2004, ss 164(1), 173 (as amended by Finance Act 2006, Sch 23, para 8(2))

  1 Case considered

  1 Statute considered
• Spaceright Europe Ltd v Baillavoine

  (appn all) [2012] ICR 954, SC(E)

  14 Dec 2011 [2011] EWCA Civ 1565; [2012] ICR 520; [2012] 2 All ER 812; [2011] WLR (D) 369, CA

  Subsequent considerations : 1 negative. Subsequent citations: 2.
  EMPLOYMENT — Transfer of undertaking — Unfair dismissal
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  EMPLOYMENT — Transfer of undertaking — Unfair dismissal — Administrators dismissing chief executive month before transfer — Tribunal finding dismissal to assist administrators in selling business as going concern — Whether for reason “connected with the transfer” — Whether for economic, technical or organisational reason entailing changes in workforce — Whether dismissal unfair — Transfer of Undertakings (Protection of Employment) Regulations 2006, reg 7(1)

  4 Case(s) considered

  1 Statutory Instrument considered

• Asociación Nacional de Grandes Empresas de Distribución (ANGED) v Federación de Asociaciones Sindicales (FASGA)

  21 Jul 2012 (Case C-78/11); EU:C:2012:372; [2012] ICR 1211; [2012] WLR (D) 194, ECJ

  Subsequent citations: 6.
  EMPLOYMENT — Working time provisions — Annual leave

  EUROPEAN UNION — Directive 2003/88/EC — Organisation of working time
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  EMPLOYMENT — Working time provisions — Annual leave — Employee becoming unfit for work during annual leave — Whether entitled subsequently to paid annual leave for equivalent period — Parliament and Council Directive 2003/88/EC, art 7(1)

  EUROPEAN UNION — Directive 2003/88/EC — Organisation of working time — Entitlement to paid annual leave — Sick leave — Annual leave coinciding with sick leave — Entitlement to take paid annual leave at another time

  1 Case considered

  1 EU Enactment considered
• Meister v Speech Design Carrier Systems GmbH

  19 Apr 2012 (Case C-415/10); EU:C:2012:217; [2012] ICR 1006; [2014] All ER (EC) 231; [2012] WLR (D) 116, ECJ

  Subsequent considerations : 1 positive. Subsequent citations: 12.
  DISCRIMINATION — Employment — Applicant for employment

  EUROPEAN UNION — Directives 2000/43/EC, 2000/78/EC and 2006/54/EC — Equal treatment in employment and occupation
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  Case index catchwords

  DISCRIMINATION — Employment — Applicant for employment — Disclosure — Unsuccessful job applicant complaining of sex, age and ethnic origin discrimination — Whether entitled to disclosure of details of successful applicant—Council Directive 2000/43/EC, art 8(1) — Council Directive 2000/78/EC, art 10(1) — Parliament and Council Directive 2006/54/EC, art 19(1)

  EUROPEAN UNION — Directives 2000/43/EC, 2000/78/EC and 2006/54/EC — Equal treatment in employment and occupation — Worker showing that he meets the requirements listed in a job advertisement — Right of that worker to have access to information indicating whether the employer has recruited another applicant

  1 Case considered

  3 EU Enactments considered

• Oguz v Secretary of State for the Home Department (Centre for Advice on Individual Rights in Europe intervening)

  21 Jul 2011 (Case C-186/10); EU:C:2011:509; [2012] 1 WLR 709; [2012] ICR 335; [2011] WLR (D) 259; Case C-186/10, ECJ

  Subsequent citations: 8.
  EUROPEAN UNION — Freedom of movement — Right to work

  EUROPEAN UNION — EEC-Turkey Association Agreement — Article 411 of the Additional Protocol
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  Case index catchwords

  EUROPEAN UNION — Freedom of movement — Right to work — Turkish national with leave to remain in UK from 2000 — Leave conditional on not engaging in business without permission — Self-employment commencing before permission sought — Permission denied on basis of post-2000 immigration provisions — Whether breach of leave condition disentitling reliance on provision precluding application of post-entry provisions — EEC-Turkey Association Agreement (1963), Additional Protocol (1970), art 41(1)

  EUROPEAN UNION — EEC-Turkey Association Agreement — Article 411 of the Additional Protocol — Standstill clause — Freedom of establishment — Refusal of the application for further leave to remain from a Turkish national who had established a business in breach of the conditions of his leave to remain — Abuse of rights

  2 Case(s) considered

  2 International Agreements considered