Results: 108

• Sarnoff v YZ

  06 May 2020 UKEAT/252/19; [2020] ICR 1499, EAT (Kerr J)

  15 Jan 2021 [2021] EWCA Civ 26; [2021] ICR 545; [2021] WLR(D) 34, CA (Underhill, Bean, Phillips LJJ)

  Subsequent citations: 3.
  INDUSTRIAL RELATIONS — Employment tribunals — Disclosure
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  INDUSTRIAL RELATIONS — Employment tribunals — Disclosure — Claim against respondent living and working in USA — Employment judge making order for disclosure — Respondent challenging order on ground not present in Great Britain — Whether power to order disclosure confined to person physically present in Great Britain at time order made — Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 (SI 2013/1237), Sch 1, rr 29, 31

  INDUSTRIAL RELATIONS — Employment tribunals — Disclosure — Claim against respondent living and working in USA — Employment judge making order for disclosure — Respondent challenging order on ground not present in Great Britain — Whether power to order disclosure confined to person physically present in Great Britain — Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 (SI 2013/1237), Sch 1, rr 29, 31

  2 Case(s) considered

  1 Statutory Instrument considered

• Miller v Ministry of Justice (O'Brien v Ministry of Justice)

  09 Nov 2015 [2015] EWCA Civ 1368, CA (Master of the Rolls, Lewison and Underhill LJJ)

  15 Mar 2016 UKEAT/3/15, EAT

  13 Jun 2016 Permission to appeal to Supreme Court given

  16 Dec 2019 [2019] UKSC 60; [2020] ICR 1143; [2020] 3 All ER 621; [2019] WLR (D) 682; Case details, SC(E) (Baroness Hale of Richmond PSC, Lord Reed DPSC, Lord Wilson, Lord Carnwath, Lady Arden JJSC)

  Subsequent citations: 5.
  DISCRIMINATION — Part-time worker — Pension
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  DISCRIMINATION — Part-time worker — Pension — Part-time fee-paid recorders entitled to pro rata pension of full-time circuit judges — Claims brought in employment tribunal more than three months after part-time appointment ceased — Whether three-month time limit running from end of appointment or date of retirement — Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 (SI 2000/1551), reg 8

  6 Case(s) considered

  1 Statutory Instrument considered
• Okedina v Chikale

  15 Jan 2018 UKEAT/152/17, EAT

  31 Jul 2019 [2019] EWCA Civ 1393; [2019] ICR 1635; [2019] WLR(D) 444, CA (Underhill, Davis, Nicola Davies LJJ)

  24 Mar 2020 (appn dis) [2020] ICR 1142, SC(E) ( Lord Kerr of Tonaghmore, Lord Lloyd-Jones, Lady Arden JJSC)

  Subsequent considerations : 1 positive. Subsequent citations: 14.
  CONTRACT — Illegality — Enforceability
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  CONTRACT — Illegality — Enforceability — Employer bringing claimant to United Kingdom and applying for six-month visa for her to work as domestic worker — Employer promising but failing to renew visa — Claimant unaware of lack of visa and working for further two years before summarily dismissed — Whether claimant precluded from pursuing claims under or arising from employment contract when leave to remain expired — Immigration, Asylum and Nationality Act 2006 (c 13), ss 15, 21

  4 Case(s) considered

  1 Statute considered
• DW v Nobel Plastiques Ibérica SA (Fondo de Garantía Salarial (Fogasa) intervening)

  11 Sep 2019 (Case C-397/18); EU:C:2019:703; [2020] ICR 182; [2019] WLR(D) 505, ECJ (President of Chamber J-C Bonichot, Judges C Toader, A Rosas, L Bay Larsen, M Safjan, Advocate General G Pitruzzella)

  Subsequent considerations : 1 neutral; most recently considered: 2022. Subsequent citations: 5.
  DISCRIMINATION — Disability — Disabled person

  EUROPEAN UNION — Reference for a preliminary ruling — Social policy
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  DISCRIMINATION — Disability — Disabled person — Employee with medical condition categorised as particularly susceptible to occupational risks — Employee given tasks with lower health risk in priority over other workers — Employer dismissing employee after applying selection criteria — Whether employee having “disability” — Whether “reasonable accommodation” made — Whether selection criteria indirectly discriminatory — Council Directive 2000/78/EC, arts 2(2), 5 — United Nations Convention on the Rights of Persons with Disabilities (2006), art 1

  EUROPEAN UNION — Reference for a preliminary ruling — Social policy — Directive 2000/78/EC — Equal treatment in employment and occupation — Article 2(2)(b)(ii) and Article 5 — Prohibition of any discrimination based on a disability — Worker particularly susceptible to occupational risks within the meaning of national law — Existence of a ‘disability’ — Dismissal for objective reasons based on criteria of productivity, multi-skilling in the undertaking’s posts and absenteeism — Particular disadvantage for disabled persons — Indirect discrimination — Reasonable accommodation — Individual who is not competent, capable and available to perform the essential functions of the post concerned

  3 Case(s) considered

  1 EU Enactment considered

  1 International Agreement considered
• Safeway Ltd v Newton

  29 Feb 2016 [2016] EWHC 377 (Ch); [2016] Pens LR 79, Ch D (Warren J)

  05 Oct 2017 [2017] EWCA Civ 1482; [2018] Pens LR 116, CA (Lord Briggs of Westbourne JSC, Longmore, Floyd LJJ)

  07 Oct 2019 (Case C-171/18); EU:C:2019:839; [2020] ICR 673; [2019] WLR(D) 543, ECJ (President K Lenaerts, Vice-President R Silva de Lapuerta, Presidents of Chambers A Arabadjiev, A Prechal, M Vilaras, PG Xuereb, LS Rossi, Judges A Rosas, E Juhász, M Ilešič, J Malenovský, T von Danwitz, N Piçarra, Advocate General E Tanchev)

  13 Jul 2020 [2020] EWCA Civ 869; [2020] ICR 1566; [2020] WLR(D) 415, CA (McCombe, Floyd, Arnold LJJ)

  Subsequent considerations : 1 positive. Subsequent citations: 9.
  DISCRIMINATION — Sex — Equal pay

  EUROPEAN UNION — Reference for a preliminary ruling — Social policy
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  DISCRIMINATION — Sex — Equal pay — Pension scheme — Scheme providing retirement age of 65 for men and 60 for women — Members informed retirement ages for men and women to be equalised at 65 taking effect in 1991 — Deed implementing amendment of scheme from 1991 executed in 1996 — Whether having retroactive effect — Whether principle of equal pay requiring men and women to be treated as having retirement age of 60 between 1991 and 1996 — EC Treaty, art 119

  DISCRIMINATION — Sex — Equal pay — Pension scheme — Scheme providing retirement age of 65 for men and 60 for women — Members informed retirement ages to be equalised at 65 with effect in 1991 — Deed implementing amendment of scheme from 1991 executed in May 1996 — Court of Justice holding deed not having retrospective effect — Whether statutory provision deeming scheme to include equality clause permitting levelling down of retirement ages — Whether only measure adopted by pension scheme itself sufficient — Pensions Act 1995 (c 26), s 62 — EC Treaty, art 119

  EUROPEAN UNION — Reference for a preliminary ruling — Social policy — Article 119 of the EC Treaty (now, after amendment, Article 141 EC) — Male and female workers — Equal pay — Private occupational retirement pension scheme — Normal pension age differentiated by gender — Date of adoption of measures reinstating equal treatment — Retroactive equalisation of that age to the normal pension age of the persons previously disadvantaged

  5 Case(s) considered

  1 EU Enactment considered

  1 Statute considered
• Kocur v Angard Staffing Solutions Ltd

  23 Feb 2018 UKEAT/181/17; [2018] ICR 1126; [2018] WLR (D) 223, EAT (Choudhury J, Mr H Singh, Mr D G Smith)

  11 Jul 2019 [2019] EWCA Civ 1185; [2020] ICR 170; [2020] 1 All ER 791; [2019] WLR (D) 399, CA (Underhill, Lewison, King LJJ)

  Subsequent considerations : 2 neutral; most recently considered: 2020. Subsequent citations: 4.
  EMPLOYMENT — Contract of employment — Agency worker
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  EMPLOYMENT — Contract of employment — Agency worker — Agency worker claiming his terms less favourable than those of directly employed worker — Whether shorter annual leave entitlement and half-pay for rest breaks compensated by higher hourly rate of pay — Whether agency worker entitled to same working hours as direct recruit — Agency Workers Regulations 2010 (SI 2010/93), regs 5(1), 6(1) — Council Directive 2008/104/EC, art 5

  EMPLOYMENT — Contract of employment — Agency worker — Agency worker claiming his terms less favourable than those of directly employed worker — Whether entitled to same working hours per week as direct recruit — Whether “duration of working time” including working week — Agency Workers Regulations 2010 (SI 2010/93), regs 5(1), 6(1) — Parliament and Council Directive 2008/104/EC, art 5

  1 Case considered

  1 EU Enactment considered

  1 Statutory Instrument considered

• Corsham v Police and Crime Comr for Essex (Hazell v Chief Constable of Avon and Somerset Police)

  11 Jul 2019 [2019] EWHC 1776 (Ch); [2020] ICR 268; [2019] WLR(D) 418, Ch D (Morgan J)

  POLICE — Pension — Duty of Care
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  POLICE — Pension — Duty of Care — Quasi contractual relationship existing between police officers and chief constable — Officers taking early retirement and being immediately re-employed by police authority in civilian role — Former officers becoming subject to extra tax liability in consequence of immediate re-employment — Whether chief constable having duty to advise former officers of tax consequences

  POLICE — Pension — Duty of Care — Police officers taking early retirement but immediately re-employed by police authority in civilian role — Extra pension tax liability arising in consequence of immediate re-employment — Whether chief constable and/or police authority having duty to advise of adverse tax consequences — Whether police authority liable for misleading statements on tax treatment of pensions

  2 Case(s) considered
• Heskett v Secretary of State for Justice

  25 Jun 2019 UKEAT/149/18; [2020] ICR 359; [2019] WLR(D) 481, EAT (Judge Martyn Barklem)

  11 Nov 2020 [2020] EWCA Civ 1487; [2021] ICR 110; [2021] 3 All ER 36; [2020] WLR(D) 603, CA (Underhill, McCombe, Macur LJJ)

  Subsequent considerations : 1 positive; most recently considered: 2024. Subsequent citations: 9.
  DISCRIMINATION — Age — Employment
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  DISCRIMINATION — Age — Employment — Employer making changes to incremental salary scale to accommodate funding cuts imposed by central government — Change favouring older employees — Younger employee claiming changes discriminatory — Whether policy based on cost — Whether justified — Equality Act 2010 (c 15), s 19(2)(d)

  4 Case(s) considered

  1 Statute considered

• Idu v East Suffolk and North Essex NHS Foundation Trust

  08 Nov 2018 UKEAT/15/18; [2019] ICR 623, EAT (Simler J (President))

  08 Oct 2019 [2019] EWCA Civ 1649; [2020] ICR 683; [2020] 2 All ER 793; (2020) 171 BMLR 143; [2019] WLR (D) 550, CA (Underhill, Lindblom, Irwin LJJ)

  18 May 2020 (appn dis) [2020] ICR 1330, SC(E) (Lady Black, Lord Lloyd-Jones, Lord Sales JJSC)

  Subsequent citations: 2.
  EMPLOYMENT — Unfair dismissal — Disciplinary proceedings
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  Case index catchwords

  EMPLOYMENT — Unfair dismissal — Disciplinary proceedings — Consultant surgeon alleged to have refused to accept management instructions — Whether professional misconduct — Whether disciplinary panel required to have independent medically qualified member

  4 Case(s) considered
• Efobi v Royal Mail Group Ltd

  10 Aug 2017 UKEAT/203/16; [2018] ICR 359; [2017] WLR (D) 694, EAT (Elisabeth Laing J)

  23 Jan 2019 [2019] EWCA Civ 18; [2019] ICR 750; [2019] 2 All ER 917; [2019] WLR (D) 34, CA (Underhill, Baker LJJ, Sir Patrick Elias)

  05 Nov 2019 (appn all) [2020] ICR 198, SC(E) (Baroness Hale of Richmond PSC, Lord Hodge, Lady Arden JJSC)

  23 Jul 2021 [2021] UKSC 33; [2021] 1 WLR 3863; [2021] ICR 1263; [2022] 1 All ER 401; [2021] WLR(D) 407; The Times, 5 August 2021, SC(E) (Lord Hodge DPSC, Lord Briggs, Lady Arden, Lord Hamblen, Lord Leggatt JJSC)

  Subsequent considerations : 2 positive; 1 neutral; 2 negative; most recently considered: 2024. Subsequent citations: 135.
  DISCRIMINATION — Race — Burden of proof
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  Case index catchwords

  DISCRIMINATION — Race — Burden of proof — Academically qualified claimant making numerous unsuccessful job applications to employer — Claim of discrimination on ground of race — Whether claimant required to prove facts from which inference of discrimination possible — Equality Act 2010 (c 15), s 136(2)

  DISCRIMINATION — Race — Burden of proof — Academically qualified claimant making numerous unsuccessful job applications to employer — Claim of discrimination on ground of race — Whether burden on claimant to prove facts from which inference of discrimination possible — Whether adverse inferences to be drawn from fact employer adduced no evidence as to reasons for not selecting claimant — Equality Act 2010 (c 15), ss 13(1), 136

  13 Case(s) considered

  1 Statute considered