Results: 88

• Higgs v Farmor’s School

  05 Jul 2022 [2022] EAT 101; [2022] ICR 1489; [2022] WLR(D) 364, EAT (Eady J (President))

  Subsequent citations: 3.
  NATURAL JUSTICE — Bias — Apparent bias
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  NATURAL JUSTICE — Bias — Apparent bias — Claimant dismissed by school after complaint that social media posts homophobic and prejudiced against LGBT community — Employment tribunal dismissing claimant’s complaint of discrimination on ground of religion or belief — Lay member of Employment Appeal Tribunal having expressed views on social media relevant to issues on appeal — Application for recusal from hearing of appeal — Relevant considerations

• Burn v Alder Hey Children’s NHS Foundation Trust

  18 Jun 2020 [2021] EWHC 1674 (QB), QBD (Thornton J)

  30 Nov 2021 [2021] EWCA Civ 1791; [2022] ICR 492; [2021] WLR(D) 606, CA (Underhill, Singh, Elisabeth Laing LJJ)

  Subsequent citations: 3.
  EMPLOYMENT — Contract of employment — Disciplinary proceedings

  EMPLOYMENT — Medical profession — Disciplinary proceedings
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  EMPLOYMENT — Contract of employment — Disciplinary proceedings

  EMPLOYMENT — Medical profession — Disciplinary proceedings — Consultant subject to investigation by hospital trust after death of child patient — Disciplinary policy requiring trust to disclose “correspondence relating to” case — Consultant seeking disclosure of statements given by trust staff as part of investigation and letters from trust to child’s parents — Trust unable to obtain third party consents to disclosure and withholding documents — Trust further asserting letters not relevant — Whether statements “correspondence” — Whether letters “relating to” case — Whether disclosure required

  3 Case(s) considered

• Millicom Services UK Ltd v Clifford

  11 May 2022 [2022] EAT 74; [2022] ICR 1204; [2022] WLR(D) 260, EAT (Eady J (President))

  26 Jan 2023 [2023] EWCA Civ 50; [2023] ICR 663; [2023] IRLR 295; [2023] WLR(D) 66, CA (Lewis, Elisabeth Laing, Warby LJJ)

  Subsequent citations: 16.
  INDUSTRIAL RELATIONS — Employment tribunals — Procedure
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  INDUSTRIAL RELATIONS — Employment tribunals — Procedure — Restrictions on public disclosure — Allegation by claimant involving government of politically unsettled country — Respondents concerned employees located in country at risk if details published — Second respondent stating that proceedings would be undefended if no restriction order made — Whether protection of Convention rights extending to employees located outside Convention territories — Whether respondents’ Convention rights engaged — Whether claimant’s contractual duty of confidentiality engaged — Human Rights Act 1998 (c 42), s 6, Sch 1, Pt I, arts 3, 5, 6, 8 — Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 (SI 2013/1237), Sch 1, r 50(1)

  INDUSTRIAL RELATIONS — Employment tribunals — Procedure — Restrictions on public disclosure — Allegation by claimant involving government of politically unsettled country — Respondents concerned employees located in country at risk if details published — Vice president of respondent company stating that proceedings would be undefended if no restriction order made — Whether protection of fairness of proceedings extending to employees located outside Convention territories — Whether order required in interests of justice — Whether claimant’s contractual duty of confidentiality to be protected — Human Rights Act 1998 (c 42), Sch 1, Pt I, arts 6, 8, 10 — Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 (SI 2013/1237), Sch 1, r 50(1)

  1 Case considered

  1 Statute considered

  1 Statutory Instrument considered

• Kostal UK Ltd v Dunkley

  13 Dec 2017 [2018] ICR 768; [2018] WLR(D) 64; UKEAT/108/17 and 109/17, EAT (Simler J (President), Ms K Bilgan, Miss S M Wilson)

  13 Jun 2019 [2019] EWCA Civ 1009; [2020] ICR 217; [2019] WLR(D) 329, CA (Bean, King, Singh LJJ)

  11 Feb 2020 (appn all) [2020] ICR 1062, SC(E) (Lord Reed PSC, Lady Arden, Lord Hamblen JJSC)

  27 Oct 2021 [2021] UKSC 47; [2022] ICR 434; [2022] 2 All ER 607; The Times, 24 November 2021, SC(E) (Lord Briggs, Lady Arden, Lord Kitchin, Lord Leggatt, Lord Burrows JJSC)

  Subsequent citations: 17.
  TRADE UNION — Collective bargaining — Inducement
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  TRADE UNION — Collective bargaining — Inducement — Ballot of union members rejecting employer’s proposals for pay and new terms — Employer making offer to employees individually — Offer stating no Christmas bonus payable without acceptance of proposals — Offer repeated to employees not accepting first offer indicating possible dismissal — Whether acceptance of offer having “prohibited result” of employment terms not being determined by collective agreement — Whether union members entitled to award in respect of each offer — Trade Union and Labour Relations (Consolidation) Act 1992 (c 52), ss 145B, 145D, 145E(2) (as inserted by Employment Relations Act 2004 (c 24), s 29)

  TRADE UNION — Collective bargaining — Inducement — Trade union recognised for collective bargaining purposes — Ballot of members rejecting employer’s proposals for pay increase and change in terms — Employer making offer to employees individually — Offer stating no Christmas bonus payable unless offer accepted — Whether acceptance of offer having “prohibited result” of employment terms not being determined by collective agreement — Trade Union and Labour Relations (Consolidation) Act 1992 (c 52), s 145B (as inserted by Employment Relations Act 2004 (c 24), s 29)

  TRADE UNION — Collective bargaining — Inducement — Trade union recognised for collective bargaining purposes — Employer and trade union agreeing disputes resolution procedure — Ballot of members rejecting employer’s proposals for pay increase and change in terms — Employer making direct offers to employees individually — Offer stating no Christmas bonus payable unless offer accepted — Whether acceptance of offer having “prohibited result” of employment terms not being determined by collective agreement — Trade Union and Labour Relations (Consolidation) Act 1992 (c 52), ss 145B, 145D

  5 Case(s) considered

  1 Words & Phrases considered

  1 Statute considered
• Cowie v Scottish Fire and Rescue Service (Scottish Fire and Rescue Service v Cowie)

  13 Jun 2022 [2022] EAT 121; [2022] ICR 1693; [2022] WLR(D) 389, EAT(Sc) (Eady J (President), Mr D G Smith, Mr S J W Torrance)

  Subsequent considerations : 1 positive; most recently considered: 2025. Subsequent citations: 3.
  DISCRIMINATION — Disability — Unfavourable treatment
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  DISCRIMINATION — Disability — Unfavourable treatment — Employer operating policy of granting paid special leave to vulnerable employees — Employees required to use any accrued time off in lieu and annual leave before receiving special leave — Whether requirement relevant “treatment” for purposes of disability discrimination claim — Whether “disadvantage” for purposes of indirect sex discrimination claim — Whether any disadvantage having disproportionate impact on women — Equality Act 2010 (c 15), ss 15, 19

  1 Case considered

  1 Words & Phrases considered

  1 Statute considered
• R v Andrewes

  07 Aug 2020 [2020] EWCA Crim 1055; [2020] WLR(D) 465; [2020] Lloyd’s Rep FC 557, CA (Davis LJ, Andrews J, Judge Marks QC)

  16 Nov 2021 Permission to appeal to Supreme Court given

  18 Aug 2022 [2022] UKSC 24; [2022] 1 WLR 3878; [2022] ICR 1404; [2023] 1 All ER 443; [2022] WLR(D) 355; The Times, 10 October 2022, SC(E) (Lord Hodge DPSC, Lord Kitchin, Lord Hamblen, Lord Burrows, Lord Stephens JJSC)

  Subsequent considerations : 1 positive; 1 neutral; most recently considered: 2022. Subsequent citations: 8.
  CRIME — Sentence — Confiscation order
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  CRIME — Sentence — Confiscation order — Defendant obtaining well paid posts by making false statements as to educational qualifications and relevant experience — Defendant giving full value in terms of service provided — Defendant pleading guilty to obtaining a pecuniary advantage by deception and fraud by false representation — Whether disproportionate to make confiscation order — Matters to be taken into account when assessing whether imposition of confiscation order disproportionate — Proceeds of Crime Act 2002 (c 29), s 6(5)

  CRIME — Sentence — Confiscation order — Defendant obtaining senior employment position by making false statements as to educational qualifications and relevant experience — Defendant pleading guilty to obtaining pecuniary advantage by deception and fraud by false representation — Crown seeking confiscation order representing total net earnings from fraudulently-obtained employment or total available assets if lower — Whether order for recovery of total net earnings disproportionate where full value given for salary paid — Whether proportionate recovery limited to difference between higher earnings as result of fraud and lower earnings defendant otherwise would have made — Proceeds of Crime Act 2002 (c 29), s 6(5)

  5 Case(s) considered

  1 Statute considered

• Anwar v Advocate General for Scotland

  02 Aug 2019 [2019] CSIH 43; 2020 SC 95, Ct of Sess

  13 Oct 2021 [2021] UKSC 44; [2022] ICR 146; [2021] WLR(D) 536, SC(Sc) (Lord Hodge DPSC, Lord Lloyd-Jones, Lord Briggs, Lord Leggatt, Lord Burrows JJSC)

  Subsequent citations: 2.
  INDUSTRIAL RELATIONS — Employment tribunals — Interim relief

  JUDICIAL REVIEW — European Union law — Whether implementation of directives on discrimination in employment contrary to European Union law

  EMPLOYMENT — Discrimination — Whether competent to raise ancillary proceedings in an ordinary court for diligence on the dependence in respect of an employment tribunal claim

  EUROPEAN LAW — Principle of effectiveness — Principle of equivalence

  PRACTICE — Anonymity — Circumstances in which an anonymity order should be made
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  INDUSTRIAL RELATIONS — Employment tribunals — Interim relief — Claimant granted award by Scottish employment tribunal in proceedings against former employer — Claimant seeking interim relief after failure to pay award — Scottish law requiring separate court action to be raised to obtain interim remedy of warrant to arrest employer’s bank accounts on dependence of claim — Whether Scottish courts having jurisdiction to grant warrant for arrestment on dependence of tribunal application — Whether requirement for separate court proceedings breaching EU law principles of effectiveness, effective remedy and equivalence — Whether UK failing to properly implement EU Directives — Debtors (Scotland) Act 1987 (c 18), Pt 1A

  JUDICIAL REVIEW — European Union law — Whether implementation of directives on discrimination in employment contrary to European Union law

  EMPLOYMENT — Discrimination — Whether competent to raise ancillary proceedings in an ordinary court for diligence on the dependence in respect of an employment tribunal claim

  EUROPEAN LAW — Principle of effectiveness — Principle of equivalence — Whether failure to provide for interim diligence in respect of discrimination claims a contravention of principles of effectiveness and equivalence

  PRACTICE — Anonymity — Circumstances in which an anonymity order should be made

  3 Case(s) considered

  1 Statute considered

• Parr v MSR Partners LLP

  14 Jan 2022 [2022] EWCA Civ 24; [2022] ICR 672; [2022] WLR(D) 29, CA (Bean, Lewis, Elisabeth Laing LJJ)

  16 Sep 2022 (appn dis) [2023] ICR 282, SC(E) (Lord Briggs, Lord Leggatt, Lord Stephens JJSC)

  Subsequent citations: 1.
  DISCRIMINATION — Age — Time limit
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  DISCRIMINATION — Age — Time limit — Partnership agreement requiring member to retire at 60 — Agreement also providing discretion to allow member to continue beyond 60 — Claimant allowed to continue but not as equity partner with consequent loss of share in proceeds of subsequent sale of business — Whether discriminatory “conduct extending over a period” — Equality Act 2010 (c 15), s 123(3)(a)

  4 Case(s) considered

  1 Words & Phrases considered

  1 Statute considered
• Page v NHS Trust Development Authority

  19 Jun 2019 UKEAT/183/18, EAT

  26 Feb 2021 [2021] EWCA Civ 255; [2021] ICR 941; [2021] WLR(D) 125, CA (Underhill, Peter Jackson, Simler LJJ)

  30 Mar 2022 (appn dis) [2022] ICR 1008, SC(E) (Lord Reed PSC, Lord Sales, Lord Burrows JJSC)

  Subsequent considerations : 3 positive; most recently considered: 2025. Subsequent citations: 13.
  DISCRIMINATION — Religion or belief — Direct discrimination
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  DISCRIMINATION — Religion or belief — Direct discrimination — Claimant non-executive director of NHS trust and lay magistrate — Magistracy reprimanding claimant for refusal to approve same sex adoption — Claimant thereafter expressing strong views on homosexuality and same sex adoption in media — Trust requiring claimant to inform it before any further media contact — Claimant continuing to engage with media without informing trust and repeating same views — Respondent authority removing him from role with trust — Whether action taken because of claimant’s religion or belief — Whether breach of right to religion or belief — Whether justified — Equality Act 2010 (c 15), ss 13, 19 — Human Rights Act 1998 (c 42), Sch 1, Pt I, art 9

  5 Case(s) considered

  2 Statutes considered

• R (Taggart) v Royal College of Surgeons of England

  13 May 2022 [2022] EWHC 1141 (Admin); [2022] ICR 1235; [2022] WLR(D) 217, QBD (Hill J)

  Subsequent citations: 1.
  JUDICIAL REVIEW — Court’s jurisdiction — Professional membership body
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  JUDICIAL REVIEW — Court’s jurisdiction — Professional membership body — Professional membership body for surgeons paid to advise on surgical standards under private contractual arrangements with healthcare organisations — NHS trust commissioning professional body to review surgeon employee’s treatment of patient — Trust subsequently restricting employee’s clinical duties and referring employee to regulator — Employee seeking judicial review of professional body’s report — Whether amenable to judicial review

  6 Case(s) considered