Results: 130

• Reynolds v CLFIS (UK) Ltd

  21 May 2014 UKEAT/484/13; [2014] ICR 907, EAT

  30 Apr 2015 [2015] EWCA Civ 439; [2015] ICR 1010; [2015] WLR (D) 197, CA

  Subsequent considerations : 2 positive; 4 neutral; most recently considered: 2025. Subsequent citations: 26.
  DISCRIMINATION — Age — Employment
  Expand

  Case index catchwords

  DISCRIMINATION — Age — Employment — Concerns raised about claimant’s performance — Senior manager deciding to terminate claimant’s consultancy agreement — Views of others in respondent company relevant to decision — Tribunal concluding senior manager’s approach not discriminatory — Whether sufficient to discharge burden on respondent to prove absence of discrimination — Employment Equality (Age) Regulations 2006, reg 3(1)

  DISCRIMINATION — Age — Employment — Concerns raised about claimant’s performance — Senior manager deciding to terminate claimant’s consultancy agreement — Views of others in respondent company relevant to decision — Tribunal concluding senior manager’s approach not discriminatory — Whether sufficient to discharge burden on company to prove absence of discrimination — Employment Equality (Age) Regulations 2006 (SI/2006/1031), reg 3(1)

  2 Case(s) considered

  1 Statutory Instrument considered

• Carratù v Poste Italiane SpA

  12 Dec 2013 (Case C-361/12); EU:C:2013:830; [2014] ICR 291; [2013] WLR (D) 490, ECJ

  Subsequent citations: 11.
  EMPLOYMENT — Contract of employment — Fixed-term contracts

  EUROPEAN UNION — Social policy — Directive 1999/70/EC
  Expand

  Case index catchwords

  EMPLOYMENT — Contract of employment — Fixed-term contracts — State body hiring employee for fixed term — National court finding term unlawful — Assessment of compensation — Whether compensation “employment condition” — Whether comparable to compensation for unlawful termination of permanent employment — Council Directive 99/70/EC, Annex, cl 4(1)

  EUROPEAN UNION — Social policy — Directive 1999/70/EC — Framework agreement on fixed-term work — Principle of non-discrimination — Employment conditions — National legislation establishing a system of compensation for the unlawful insertion of a fixed-term clause into an employment contract which is different from that applicable to the unlawful termination of an employment contract of indefinite duration

  3 Case(s) considered

  1 Words & Phrases considered

  1 EU Enactment considered

• Chhabra v West London Mental Health NHS Trust

  25 Jan 2013 [2013] EWCA Civ 11; [2013] CN 120, CA

  18 Dec 2013 [2013] UKSC 80; [2014] ICR 194; [2014] 1 All ER 943; [2013] WLR (D) 504; Case details, SC(E)

  Subsequent citations: 23.
  EMPLOYMENT — Medical profession — Disciplinary proceedings

  EMPLOYMENT — Contract of employment — Disciplinary proceedings
  Expand

  Case index catchwords

  EMPLOYMENT — Medical profession — Disciplinary proceedings — Whether lawfully instituted against doctor

  EMPLOYMENT — Contract of employment — Disciplinary proceedings — Disciplinary procedure applicable to doctors — Psychiatrist breaching patient confidentiality by having documents visible and dictating reports on train — Employer commissioning investigation under disciplinary policy — Respective roles of case investigator and case manager — Whether non-deliberate breach of patient confidentiality amounting to gross misconduct — Whether employer to be restrained from charging breaches as gross misconduct

  1 Case considered
• Jafri v Lincoln College

  16 Apr 2014 [2014] EWCA Civ 449; [2015] QB 781; [2014] 3 WLR 933; [2014] ICR 920; [2014] 3 All ER 709; [2014] WLR (D) 178, CA

  Subsequent considerations : 1 positive; 1 neutral. Subsequent citations: 127.
  INDUSTRIAL RELATIONS — Employment Appeal Tribunal — Appeal to
  Expand

  Case index catchwords

  INDUSTRIAL RELATIONS — Employment Appeal Tribunal — Appeal to — Employment tribunal dismissing unfair dismissal claim — Appeal tribunal identifying legal and factual errors in decision — Whether obliged to remit case for further hearing — Correct test for remittal to employment tribunal — Employment Tribunals Act 1996, s 35(1)

  6 Case(s) considered

  1 Statute considered
• Hide v The Steeplechase Co (Cheltenham) Ltd

  22 May 2013 [2013] EWCA Civ 545; [2014] ICR 326; [2014] 1 All ER 405; [2013] WLR (D) 195, CA

  Subsequent considerations : 1 negative. Subsequent citations: 3.
  HEALTH AND SAFETY — Employer’s liability — Suitability of equipment
  Expand

  Case index catchwords

  HEALTH AND SAFETY — Employer’s liability — Suitability of equipment — Jockey injured hitting guard rail post in fall while racing — Evidence type of fall unusual and unexpected — Whether equipment “suitable” — Whether effect on health or safety “reasonably foreseeable” — Whether test common law test — Provision and Use of Work Equipment Regulations 1998, reg 4(4) — Council Directive 89/391/EEC, art 5(4)

  1 Case considered

  2 Words & Phrases considered

  1 EU Enactment considered

  1 Statutory Instrument considered

• van der Helder v College voor zorgverzekeringen

  10 Oct 2013 (Case C-321/12); EU:C:2013:648; [2014] ICR 108; [2013] WLR (D) 375, ECJ

  Subsequent citations: 1.
  EUROPEAN UNION — Social security — Pension

  EUROPEAN UNION — Social security — Regulation (EEC) No 1408/71
  Expand

  Case index catchwords

  EUROPEAN UNION — Social security — Pension — Claimant receiving pensions from several member states — No entitlement to pension in member state of residence — Provision of sickness benefits in state of residence — Cost payable by member state to whose legislation pensioner subject for longest period — Whether “legislation” referable to benefits or pensions — Council Regulation (EEC) No 1408/71, art 28(2)(b)

  EUROPEAN UNION — Social security — Regulation (EEC) No 1408/71 — Article 28(2)(b) — Sickness insurance benefits — Entitlement to an old-age pension in several Member States — Residence in another Member State — Provision of benefits in kind in the State of residence — Burden of the cost of benefits — Member State ‘legislation’ to which the pensioner has been subject for the longest period of time — Concept

  1 Case considered

  1 Words & Phrases considered

  1 EU Enactment considered
• Benkharbouche v Embassy of the Republic of Sudan (Janah v Libya)

  04 Oct 2013 UKEAT/401/12; [2014] ICR 169, EAT

  05 Feb 2015 (Secretary of State for Foreign and Commonwealth Affairs intervening) [2015] EWCA Civ 33; [2016] QB 347; [2015] 3 WLR 301; [2015] 3 WLR 301; [2015] ICR 793; [2016] 1 All ER 816; [2015] WLR (D) 83, CA

  18 Oct 2017 (Secretary of State for Foreign and Commonwealth Affairs intervening) [2017] UKSC 62; [2019] AC 777; [2017] 3 WLR 957; [2017] ICR 1327; [2018] 1 All ER 662; [2017] WLR (D) 691; Case details, SC(E) (Baroness Hale of Richmond PSC, Lord Wilson, Lord Sumption JJSC, Lord Neuberger of Abbotsbury, Lord Clarke of Stone-cum-Ebony)

  Subsequent considerations : 7 positive; 3 neutral; most recently considered: 2025. Subsequent citations: 98.
  CONFLICT OF LAWS — Sovereign immunity — Employment
  Expand

  Case index catchwords

  CONFLICT OF LAWS — Sovereign immunity — Employment — Domestic worker at London embassy — Claims of unfair dismissal and breach of working time provisions — Embassy claiming state immunity — Worker excluded from exception for employees — Whether denial of access to enforcement of claims breach of right to fair trial — Whether statute to be disapplied — State Immunity Act 1978, ss 4(2), 16 — Human Rights Act 1998, s 3, Sch 1, art 6 — Charter of Fundamental Rights of the European Union, art 47

  CONFLICT OF LAWS — Sovereign immunity — Employment — Domestic worker at London embassy — Claims for unfair dismissal and breach of working time provisions — Embassy claiming state immunity — Worker excluded by statute from exception for employees — Whether denial of access to enforcement of claims breach of Convention right to fair trial — Whether declaration of incompatibility to be granted — Whether statute to be disapplied in so far as incompatible with European Union law — State Immunity Act 1978, ss 4(2), 16 — Human Rights Act 1998, ss 3, 4, Sch 1, Pt I, arts 6, 14 — Charter of Fundamental Rights of the European Union 2004, art 47

  CONFLICT OF LAWS — Sovereign immunity — Employment — Domestic worker at London embassy — Claims of unfair dismissal and breach of working time provisions — Embassy claiming state immunity — Worker excluded by statute from exception for employees — Whether denial of access to enforcement of claims breach of Convention right to fair trial — Whether statutory provisions to be disapplied in so far as incompatible with European Union law — State Immunity Act 1978 (c 33), ss 4(2), 16(1)(a) — Human Rights Act 1998 (c 42), Sch 1, Pt I, arts 6, 14 — Charter of Fundamental Rights of the European Union (2004), art 47

  CONFLICT OF LAWS — Sovereign immunity — Employment — Domestic worker at London embassy — Claims of unfair dismissal and breach of working time provisions — Embassy claiming state immunity — Worker excluded by statute from exception for employees — Whether denial of access to enforcement of claims breach of Convention right to fair trial — Whether statutory provisions to be disapplied in so far as incompatible with European Union law — State Immunity Act 1978 (c 33), ss 4(2), 16(1)(a) — Human Rights Act 1998 (c 42), Sch 1, Pt I, arts 6, 14 — Charter of Fundamental Rights of the European Union, art 47

  6 Case(s) considered

  1 EU Enactment considered

  2 Statutes considered

• Agbenowossi-Koffi v Donvand Ltd (trading as Gullivers Travel Associates)

  06 Sep 2013 UKEAT/337/12; [2013] CN 1421, EAT

  24 Jun 2014 [2014] EWCA Civ 855; [2014] ICR D27; [2014] WLR (D) 282, CA

  Subsequent citations: 4.
  ESTOPPEL — Per rem judicatam — Discrimination claim out of time

  ESTOPPEL — Per rem judicatam — Abuse of process
  Expand

  Case index catchwords

  ESTOPPEL — Per rem judicatam — Discrimination claim out of time — Amendment to include latter acts refused — Second claim complaining of same acts — Whether estopped

  ESTOPPEL — Per rem judicatam — Abuse of process — Race discrimination claim dismissed on ground out of time — Second claim repeating first claim and including allegations to establish conduct extending over period of time — Facts relating to additional allegations known to claimant at time of first claim — Whether abuse of process

• Österreichischer Gewerkschaftsbund v Wirtschaftskammer Österreich—Fachverband Autobus-, Luftfahrt- und Schifffahrtsunternehmungen

  11 Sep 2014 (Case C-328/13); [2014] ICR 1152; [2014] WLR (D) 395; EU:C:2014:2197, ECJ

  Subsequent citations: 4.
  EMPLOYMENT — Transfer of undertaking — Protection of employees

  EUROPEAN UNION — Reference for a preliminary ruling — Directive 2001/23/EC
  Expand

  Case index catchwords

  EMPLOYMENT — Transfer of undertaking — Protection of employees — Collective agreement — Parent company concluding collective agreement for entire group — Parent company subsequently transferring relevant business to subsidiary and rescinding collective agreement — Terms of agreement continuing to apply to transferred employees under national law — Subsidiary applying less advantageous internal terms to transferred employees — Whether subsidiary required to observe terms and conditions of collective agreement until new agreement concluded — Council Directive 2001/23/EC, art 3(3)

  EUROPEAN UNION — Reference for a preliminary ruling — Directive 2001/23/EC — Safeguarding of employees’ rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses — Obligation on the transferee to maintain the terms and conditions agreed in a collective agreement until the entry into force of another collective agreement — Concept of collective agreement — National legislation providing that a rescinded collective agreement continues to have effect until the entry into force of another collective agreement

  2 Case(s) considered

  1 EU Enactment considered

• Napoli v Ministero della Giustizia, Dipartimento dell’Amministrazione penitenziaria

  16 Mar 2014 (Case C-595/12); EU:C:2014:128; [2014] ICR 486; [2014] WLR (D) 115, ECJ

  Subsequent citations: 3.
  DISCRIMINATION — Employment — Sex

  DISCRIMINATION — Sex — Maternity leave

  EUROPEAN UNION — Reference for a preliminary ruling — Social policy
  Expand

  Case index catchwords

  DISCRIMINATION — Employment — Sex — Equal treatment — Compulsory vocational training — Exclusion from training course on public interest grounds — Absence attributable to compulsory maternity leave — Opportunity to participate in next training course — Whether discrimination — Parliament and Council Directive 2006/54/EC, arts 14, 15

  DISCRIMINATION — Sex — Maternity leave — Promotion dependent on compulsory vocational training — Employee excluded from training course while on compulsory maternity leave — Entitled to attend next course when arranged — Whether discrimination contrary to EU law — Parliament and Council Directive 2006/54/EC, arts 14, 15

  EUROPEAN UNION — Reference for a preliminary ruling — Social policy — Directive 2006/54/EC — Equal treatment of men and women in matters of employment and occupation — Training course for acquiring the status of a public official — Exclusion on grounds of a prolonged absence — Absence attributable to maternity leave

  4 Case(s) considered

  1 EU Enactment considered