Results: 129

• Taylor v Chief Constable of Hampshire Police

  09 May 2013 [2013] EWCA Civ 496; [2013] ICR 1150; [2013] PIQR P20; [2013] WLR (D) 171, CA (Elias, Patten LJJ)

  Subsequent citations: 1.
  HEALTH AND SAFETY — Employer’s liability — Personal protective equipment
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  Case index catchwords

  HEALTH AND SAFETY — Employer’s liability — Personal protective equipment — Police officer required to dispose of plants and equipment from cannabis factory — Defendant’s risk assessment considering irritation to skin from contact with plants only risk — Officer supplied with thin latex gloves suffering laceration to thumb opening sealed window — Whether defendant under duty to provide “personal protective equipment” suitable to protect against risk from sharp edges — Whether in breach of duty — Personal Protective Equipment at Work Regulations 1992, reg 4

  1 Case considered

  1 Words & Phrases considered

  1 Statutory Instrument considered
• Duffy v George

  19 Oct 2012 [2013] ICR D5, EAT

  23 Jul 2013 [2013] EWCA Civ 908; [2013] ICR 1229; [2013] WLR (D) 299, CA

  Subsequent considerations : 1 positive. Subsequent citations: 4.
  INDUSTRIAL RELATIONS — Employment tribunals — Evidence

  INDUSTRIAL RELATIONS — Employment tribunals — Procedure
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  Case index catchwords

  INDUSTRIAL RELATIONS — Employment tribunals — Evidence — Claimant providing detailed witness statement but not attending hearing — Claim of sexual harassment against fellow employee upheld by tribunal — Whether permissible — Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004, Sch 1, rr 14, 27

  INDUSTRIAL RELATIONS — Employment tribunals — Procedure — Claim of sexual harassment against fellow employee — Claimant not wishing to attend hearing — Tribunal declining to make direction excusing attendance — No representation by claimant at hearing — Respondent complaining denied of opportunity to challenge claimant’s allegations by cross-examination — Correct approach where claimant refusing to attend on ground of fear — Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004, reg 3, Sch 1, rr 10, 14, 27

  2 Case(s) 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
• 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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  Case index catchwords

  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

• Salgado González v Instituto Nacional de la Seguridad Social (INSS)

  21 Feb 2013 (Case C-282/11); EU:C:2013:86; [2013] ICR 1193; [2013] 2 CMLR 34; [2013] WLR (D) 80, ECJ (A Tizzano P, Judges M Ilešič, E Levits, J-J Kasel, M Berger Advocate General J Mazák)

  Subsequent citations: 7.
  EUROPEAN UNION — Social security — Pension

  EUROPEAN UNION — Article 48 TFEU — Social security for migrant workers
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  Case index catchwords

  EUROPEAN UNION — Social security — Pension — Claimant working and paying contributions in Spain for 10 years and Portugal for 5 years — Spanish pension calculated by dividing contributions made in 15 years prior to last contribution in Spain by 210 — Whether method of calculation contrary to claimant’s right of free movement — FEU Treaty, art 48 — Council Regulation (EEC) No 1408/71, art 46(2)(a)

  EUROPEAN UNION — Article 48 TFEU — Social security for migrant workers — Regulation (EEC) No 1408/71 and (EC) No 883/2004 — Old-age and survivor’s insurance — Special provisions for the application of national legislation relating to old-age pensions — Calculation of benefits

  2 Case(s) considered

  2 EU Enactments considered

• Verma v Barts and The London NHS Trust

  24 Apr 2013 (NHS Employers intervening) [2013] UKSC 20; [2013] ICR 727; [2013] WLR (D) 152; Case details, SC(E)

  Subsequent citations: 1.
  EMPLOYMENT — Contract of employment — Pay protection
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  Case index catchwords

  EMPLOYMENT — Contract of employment — Pay protection — Part-time locum doctor paid per session taking up full-time NHS training post at lower rate of pay — Applicable terms and conditions of employment providing pay protection — Whether protecting annual amount actually received in previous post or hourly rate of pay — Whether doctor entitled to be paid for all hours in new full-time post at previous part-time hourly rate

  1 Case considered

• Sud v Ealing London Borough Council

  30 Jul 2013 [2013] EWCA Civ 949; [2013] ICR D39; [2013] WLR (D) 320, CA

  Subsequent citations: 3.
  COSTS — Award — Paying party

  TRIBUNAL — Appeal — Remittal of case

  INDUSTRIAL RELATIONS — Employment Appeal Tribunal — Appeal to
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  Case index catchwords

  COSTS — Award — Paying party — Employment tribunal awarding employer 50% costs because of claimant’s unreasonable conduct in bringing claim — Employment Appeal Tribunal endorsing award — Whether costs award appropriate — Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004 (SI 2004/1861), Sch 1, r 40

  TRIBUNAL — Appeal — Remittal of case — Claimant bringing claims including disability discrimination claim against employer — Employment tribunal finding employer failed to make adaptations for physical disability, awarding compensation but otherwise dismissing claim — Employment Appeal Tribunal finding tribunal not taking account of deduced effect of claimant’s mental disability but correct to dismiss claim arising out of disability overall — Whether appeal tribunal should have remitted case — Employment Tribunals Act 1996, s 35 — Disability Discrimination Act 1995, Sch 1, para 6

  INDUSTRIAL RELATIONS — Employment Appeal Tribunal — Appeal to — Employee’s claims of disability discrimination — Appeal tribunal finding possibility employment tribunal erred in concluding employee not disabled — Employment tribunal’s finding that in any event employee not at substantial disadvantage justified — Whether appeal tribunal right in refusing to remit issue of disability — Employment tribunal making costs order against employee on ground of conduct of proceedings — Correct approach — Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004Sch 1, r 40

  1 Statutory Instrument considered
• Turner v East Midlands Trains Ltd

  16 Nov 2012 [2012] EWCA Civ 1470; [2013] ICR 525; [2013] 3 All ER 375; [2012] WLR (D) 353, CA

  09 May 2013 (appn dis) [2013] ICR 926, SC(E)

  Subsequent considerations : 2 positive; most recently considered: 2024. Subsequent citations: 14.
  HUMAN RIGHTS — Respect for private life — Interference with
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  Case index catchwords

  HUMAN RIGHTS — Respect for private life — Interference with — Dismissal of employee for dishonesty — Whether right to private life engaged by consequential damage to reputation — Claim of unfair dismissal — Decision to dismiss satisfying range of reasonable responses test — Whether test satisfying procedural safeguards required by article 8 — Employment Rights Act 1996, s 98(4) — Human Rights Act 1998, Sch 1, Pt I, art 8

  1 Case considered

  2 Statutes 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
• 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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  Case index catchwords

  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