Results: 100

• McBride v Scottish Police Authority

  [2013] CSIH 4; 2013 SC 268, Ct of Sess

  16 Jun 2016 [2016] UKSC 27; [2016] ICR 788; [2017] 2 All ER 875; [2016] WLR (D) 308; Case details, SC(Sc)

  Subsequent citations: 7.
  EMPLOYMENT — Unfair dismissal — Reinstatement
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  EMPLOYMENT — Unfair dismissal — Reinstatement — Fingerprint expert involved in disputed identification in high profile trial — Placement on restricted duties excluding court work to avoid challenges to reliability — Dismissal several years later on ground of inability to full all duties — Employment tribunal finding dismissal unfair and ordering reinstatement as a non-court going officer — Whether alteration of terms of contract — Whether order to be upheld — Employment Rights Act 1996, ss 114(1), 116(1)

  2 Case(s) considered

  1 Statute considered
• Holterman Ferho Exploitatie BV v Spies von Büllesheim

  10 Sep 2015 (Case C-47/14); EU:C:2015:574; [2016] ICR 90; [2015] WLR (D) 381, ECJ

  Subsequent considerations : 1 positive; 1 neutral; 1 negative. Subsequent citations: 17.
  CONFLICT OF LAWS — Jurisdiction under Council Regulation — Employment

  EUROPEAN UNION — Reference for a preliminary ruling — Judicial cooperation in civil matters
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  CONFLICT OF LAWS — Jurisdiction under Council Regulation — Employment — Company’s claim against director and manager alleging misconduct both in relation to duties as director and his managerial contract — Whether relating to “employment contract” — Whether relating to tort — Whether jurisdiction restricted to director’s domicile — Council Regulation (EC) No 44/2001, arts 5(1)(3), 18(1), 20(1)

  EUROPEAN UNION — Reference for a preliminary ruling — Judicial cooperation in civil matters — Jurisdiction and the enforcement of judgments in civil and commercial matters — Regulation (EC) No 44/2001 — Article 5(1) — Jurisdiction in matters relating to a contract — Article 5(3) — Jurisdiction in matters relating to tort or delict — Articles 18 to 21 — Individual employment contract — Company director’s contract — Termination of the contract — Grounds — Poor performance and wrongful conduct — Action for a declaratory judgment and for damages — Meaning of ‘individual contract of employment’

  6 Case(s) considered

  1 Words & Phrases considered

  1 EU Enactment considered

• European Commission v Republic of Malta

  03 Mar 2016 (supported by Republic of Austria) (Case C-12/14); [2016] ICR 596; [2016] WLR (D) 116; EU:C:2016:135, ECJ

  Subsequent citations: 10.
  EUROPEAN UNION — Social security — Pension

  EUROPEAN UNION — Failure of a member state to fulfil obligations — Social security
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  EUROPEAN UNION — Social security — Pension — Pensioner’s state pension reduced by amount of Civil Service pension from another member state — Reduction made pursuant to national law — EU Regulations disapplying such laws in respect of schemes declared to fall within their scope — Civil Service pension not subject of any declaration by other member state — Whether conclusive pension not within scope of Regulations — Council Regulation (EEC) No 1408/71, arts 5, 46b — Parliament and Council Regulation (EC) No 883/2004, arts 9(1), 54

  EUROPEAN UNION — Failure of a member state to fulfil obligations — Social security — Regulation (EEC) No 1408/71 — Article 46b — Regulation (EC) No 883/2004 — Article 54 — Old-age pensions — Rules against overlapping — Persons entitled to an old-age pension under the rules of one Member State and to a civil-service pension under the rules of another Member State — Reduction in the amount of the old-age pension

  2 Case(s) considered

  2 EU Enactments considered

• Mayne v Atlas Stone Co Ltd

  06 May 2016 [2016] EWHC 1030 (QB); [2016] ICR 957; [2016] WLR (D) 259, QBD (Cox J)

  Subsequent citations: 1.
  NEGLIGENCE — Causation — Asbestos exposure
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  NEGLIGENCE — Causation — Asbestos exposure — Deceased exposed to asbestos during several employments — Resulting diffuse pleural thickening responsible for 5% of deceased’s disability — Defendant employer contributing 8·16% of deceased’s total exposure to asbestos — Whether causing actionable injury

  4 Case(s) considered
• Pujante Rivera v Gestora Clubs Dir SL (Christian Pujante Rivera v Gestora Clubs Dir SL and Fondo de Garantía Salarial)

  11 Nov 2015 (Case C-422/14); EU:C:2015:743; [2016] ICR 227; [2015] WLR (D) 451, ECJ

  Subsequent considerations : 1 positive; 2 neutral; most recently considered: 2025. Subsequent citations: 10.
  EMPLOYMENT — Redundancy — Consultation

  EUROPEAN UNION — Reference for a preliminary ruling — Social policy
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  EMPLOYMENT — Redundancy — Consultation — Calculation of redundancies amounting to collective redundancy situation — Whether employees on fixed-term contracts workers “normally employed” at establishment — Employee choosing to leave following detrimental changes to contract — Whether termination to be assimilated to redundancy — Council Directive 98/59/EC, art 1(1)

  EUROPEAN UNION — Reference for a preliminary ruling — Social policy — Collective redundancies — Directive 98/59/EC — Article 1(1)(a), first subparagraph — Concept of workers ‘normally employed’ at the establishment concerned — Article 1(1), second subparagraph — Concepts of ‘redundancy’ and ‘terminations of employment contracts that may be assimilated to redundancies’ — Method of calculating the number of workers made redundant

  2 Case(s) considered

  1 Words & Phrases considered

  1 EU Enactment considered
• Windle v Secretary of State for Justice

  16 Sep 2013 [2015] ICR 156, EAT

  12 May 2016 [2016] EWCA Civ 459; [2016] ICR 721; [2017] 3 All ER 568; [2016] WLR (D) 256, CA

  07 Nov 2016 (appn dis) [2017] ICR 83, SC(E)

  Subsequent considerations : 1 positive; 1 neutral. Subsequent citations: 22.
  DISCRIMINATION — Employment — Interpreter
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  DISCRIMINATION — Employment — Interpreter — Interpreter engaged on separate assignments by courts service — No obligation to offer or to accept assignments — Whether employment under contract personally to do work — Whether employment for purposes of claim of race discrimination — Equality Act 2010, s 83(2)(a)

  DISCRIMINATION — Employment — Interpreter — Interpreter engaged on separate assignments by courts service — No obligation to offer or to accept assignments — Whether “employment under” contract personally to do work — Whether employment for purposes of race discrimination claim — Equality Act 2010, s 83(2)(a)

  4 Case(s) considered

  1 Words & Phrases considered

  1 Statute considered
• Kennedy v Cordia (Services) LLP

  19 Sep 2014 [2014] CSIH 76; 2015 SC 154; 2014 SLT 984, Ct of Sess

  10 Feb 2016 [2016] UKSC 6; [2016] 1 WLR 597; [2016] ICR 325; 2016 SC (UKSC) 59; [2016] WLR (D) 74; Case details, SC(Sc)

  Subsequent considerations : 1 positive; 1 neutral; most recently considered: 2023. Subsequent citations: 60.
  HEALTH AND SAFETY — Employer’s liability — Personal protective equipment

  REPARATION — Personal injury — Employerʼs liability

  EVIDENCE — Witnesses — Expert witness

  REPARATION — Personal injury — Employer’s liability
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  HEALTH AND SAFETY — Employer’s liability — Personal protective equipment — Home carer injured slipping on icy path leading to client’s house — Employer aware of risk of falls on snow and ice but merely advising carers to wear appropriate footwear — Whether employer’s risk assessment adequate — Whether employer under duty to provide anti-slip footwear attachments — Whether breach of duty causing or materially contributing to injury — Whether breach of employer’s duty of care at common law — Personal Protective Equipment at Work Regulations 1992, reg 4(1) — Management of Health and Safety at Work Regulations 1999, reg 3(1), Sch 1

  REPARATION — Personal injury — Employerʼs liability — Employee slipping on ice on public pavement

  EVIDENCE — Witnesses — Expert witness — Witness expressing opinion on health and safety

  REPARATION — Personal injury — Employer’s liability — Employee slipping on ice on public pavement

  4 Case(s) considered

  2 Statutory Instruments considered
• Ministry of Justice v O’Brien (No 2)

  04 Mar 2014 UKEAT/466/13; [2014] ICR 773, EAT (Sir David Keene)

  06 Oct 2015 [2015] EWCA Civ 1000; [2016] ICR 182; [2017] 1 All ER 1078; [2015] WLR (D) 406, CA

  13 Jul 2016 (appn all) [2016] ICR 1073, SC(E)

  12 Jul 2017 (Note) [2017] UKSC 46; [2017] ICR 1101; [2017] 4 All ER 997; [2017] WLR (D) 478; Case details, SC(E)

  07 Nov 2018 (Case C-432/17); EU:C:2018:879; [2019] ICR 505; [2018] WLR (D) 685, ECJ (Vice President, acting as President of First Chamber, R Silva de Lapuerta, Judges J-C Bonichot, A Arabadjiev, CG Fernlund, S Rodin, Advocate General J Kokott)

  Subsequent considerations : 2 positive; 1 neutral; 1 negative; most recently considered: 2024. Subsequent citations: 14.
  DISCRIMINATION — Part-time worker — Pension

  DISCRIMINATION — Sexual orientation — Pension
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  DISCRIMINATION — Part-time worker — Pension — Fee-paid recorder entitled to pro rata pension of full-time circuit judge — Whether period of service prior to prohibition of discrimination to count in calculating pension — Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000, reg 1(2)(3) — Council Directive 97/81/EC, Annex, cl 4

  DISCRIMINATION — Sexual orientation — Pension — Claimant in receipt of occupational pension with survivor’s benefit for spouses — Relevant service complete before prohibition of discrimination on ground of sexual orientation in EU and domestic law — Claimant registering civil partnership and subsequently marrying civil partner — Whether denial of survivor’s benefit under provision permitting such discrimination prior to introduction of civil partnerships compatible with EU law — Whether Directive having retroactive effect — Equality Act 2010, s 61, Sch 9, para 18(1) (as amended by Marriage (Same Sex Couples) Act 2013, Sch 4, para 17(1)) — Council Directive 2000/78/EC, art 1

  DISCRIMINATION — Part-time worker — Pension — Fee-paid recorder entitled to pro rata pension of full-time circuit judge — Whether period of service prior to prohibition of discrimination in European Union and domestic law to count in calculating pension — Whether Directive having retroactive effect — Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 (SI 2000/1551), reg 1(2)(3) — Council Directive 97/81/EC, Annex, cl 4

  9 Case(s) considered

  2 EU Enactments considered

  1 Statute considered

  1 Statutory Instrument considered
• de Diego Porras v Ministerio de Defensa (Ana de Diego Porras v Ministerio de Defensa)

  14 Sep 2016 (Case C-596/14); EU:C:2016:683; [2016] ICR 1184; [2016] WLR (D) 485, ECJ

  Subsequent considerations : 2 positive. Subsequent citations: 10.
  EMPLOYMENT — Contract of employment — Fixed-term contracts

  EUROPEAN UNION — References for a preliminary ruling — Social policy
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  EMPLOYMENT — Contract of employment — Fixed-term contracts — Claimant employed under several fixed-term contracts replacing absent workers — Compensation not payable on termination of fixed-term replacement contracts when payable to permanent workers — Whether difference in treatment contrary to EU law — Whether capable of objective justification — Council Directive 1999/70/EC, Annex, cl 4

  EUROPEAN UNION — References for a preliminary ruling — Social policy — Directive 1999/70/EC — Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP — Clause 4 — Principle of non-discrimination — Concept of ‘employment conditions’ — Compensation for termination of a contract of employment — Compensation not provided for by the national legislation for temporary employment contracts — Difference of treatment as compared with permanent workers

  5 Case(s) considered

  1 EU Enactment considered
• Kiani v Secretary of State for the Home Department

  21 Nov 2014 [2015] ICR 418, EAT

  21 Jul 2015 [2015] EWCA Civ 776; [2016] QB 595; [2016] 2 WLR 788; [2015] ICR 1179; [2016] 4 All ER 317; [2015] WLR (D) 325, CA

  05 May 2016 (appn dis) [2016] 1 WLR 2590; [2016] ICR 732, SC(E)

  Subsequent considerations : 1 positive; most recently considered: 2025. Subsequent citations: 15.
  HUMAN RIGHTS — Fair hearing — Employment tribunal
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  HUMAN RIGHTS — Fair hearing — Employment tribunal — Claims of discrimination and unfair dismissal on withdrawal of security clearance — Claimant to be excluded from part of hearing on ground of national security — Special advocate appointed — Whether exclusion compatible with right to fair and public hearing — 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

  HUMAN RIGHTS — Fair hearing — Employment tribunal — Claims of discrimination and unfair dismissal on withdrawal of security clearance — Claimant to be excluded from part of hearing on ground of national security — Special advocate appointed — Whether exclusion compatible with Convention right to fair and public hearing and similar right under European Union law — Whether claimant entitled to disclosure of gist of case against him — 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(1) — Charter of Fundamental Rights of the European Union, art 47

  8 Case(s) considered

  1 EU Enactment considered

  1 Statute considered

  1 Statutory Instrument considered