Results: 94

• Devon and Somerset Fire and Rescue Authority v Howell

  13 Feb 2023 [2023] EWHC 257 (Ch); [2023] ICR 686; [2023] WLR(D) 82, Ch D (Judge Davis-White KC sitting as a deputy High Court judge)

  PENSIONS — Early retirement — Firemen’s Pension Scheme
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  PENSIONS — Early retirement — Firemen’s Pension Scheme — Scheme giving member right to retire at 50 conditional on permission of employer — Statute increasing normal minimum pension age from 50 to 55 — Exception provided where member having “actual or prospective right” to benefit at 5 April 2006 — No permission at that date for defendant member to serve early retirement notice — Whether member having “prospective right” to retire at 50 — Finance Act 2004 (c 12), Sch 36, para 22(4)(a)

  1 Statute considered

• Kealy v Westfield Community Development Association

  11 Jul 2023 [2023] EAT 96; [2023] ICR 1298; [2023] WLR(D) 319, EAT (Judge James Tayler)

  EMPLOYMENT — Protected disclosure — Qualifying disclosure
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  EMPLOYMENT — Protected disclosure — Qualifying disclosure — Claimant making disclosures to employer and externally — Claim of being subjected to detriments as result — Employment tribunal addressing issues as listed by parties — Correct approach to determining protected disclosure claims — Employment Rights Act 1996 (c 18), ss 43B, 43C, 43G

  1 Case considered

  1 Statute considered

• Olsten (UK) Holdings Ltd v Adecco Group European Works Council

  13 Dec 2022 [2022] EAT 183; [2023] ICR 406; [2023] IRLR 180, EAT (Kerr J)

  26 Jul 2023 [2023] EWCA Civ 883; [2024] ICR 1; [2023] WLR(D) 332, CA (Simler, Dingemans, Whipple LJJ)

  24 Jan 2024 (appn dis) [2024] ICR 444, SC(E) (Lord Lloyd-Jones, Lord Leggatt, Lady Rose JJSC)

  Subsequent citations: 2.
  INDUSTRIAL RELATIONS — Consultation and information — European Works Council
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  INDUSTRIAL RELATIONS — Consultation and information — European Works Council — Employees of multinational group of companies made redundant in four European states — Redundancy decisions unrelated and in each case made by local management — Whether “transnational” matters — Whether employer obliged to consult works council — Appropriate penalty for failure to consult — Transnational Information and Consultation of Employees Regulations 1999 (SI 1999/3323), regs 2(4A), 18A, 21(1B) — Council Directive 2009/38/EC, art 1(4)

  INDUSTRIAL RELATIONS — Consultation and information — European Works Council — Employees of multinational group of companies made redundant in different European states — Redundancy decisions unrelated and in each case made by local management — Whether “transnational” matters — Whether employer obliged to consult works council — Transnational Information and Consultation of Employees Regulations 1999 (SI 1999/3323), regs 2(4A), 18A — Council Directive 2009/38/EC, art 1(4)

  1 Case considered

  1 Words & Phrases considered

  1 EU Enactment considered

  1 Statutory Instrument 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

• KSO v Comr of Police of the Metropolis

  10 Oct 2022 [2022] EWHC 2514 (KB); [2023] ICR 34; [2022] WLR(D) 401, KBD (Heather Williams J)

  Subsequent citations: 1.
  POLICE — Remuneration — Overtime
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  POLICE — Remuneration — Overtime — Officers managing contact with informers outside rostered hours — Calculation of overtime payments — Entitlement to additional leave when recalled on public holidays or on annual leave — Whether failure to provide additional leave actionable in damages for breach of statutory duty — Whether officers required to remain contactable out of hours entitled to on-call allowance — Police Regulations 2003 (SI 2003/527), regs 25, 26

  3 Case(s) considered

  1 Statutory Instrument considered
• Clark v Sainsbury’s Supermarkets Ltd

  21 Sep 2022 [2022] EAT 143; [2023] ICR 20, EAT (Judge James Tayler)

  06 Apr 2023 [2023] EWCA Civ 386; [2023] ICR 1169; [2023] IRLR 562; [2023] WLR(D) 172, CA (Bean, Asplin, Nugee LJJ)

  Subsequent considerations : 1 positive; 1 neutral; most recently considered: 2025. Subsequent citations: 5.
  INDUSTRIAL RELATIONS — Employment tribunals — Early conciliation
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  INDUSTRIAL RELATIONS — Employment tribunals — Early conciliation — Multiple equal pay claims on same claim forms — All claimants named on early conciliation certificates or schedules thereto issued by Acas — Claims with early conciliation certificate number relating to claimant somewhere on claim form allowed to proceed — Claims rejected where claimant’s certificate number not included — Whether inclusion of one valid certificate number relating to named claimant sufficient — Claimants whose claims rejected appealing — Respondent employers seeking to cross-appeal in respect of claims allowed to proceed — Whether valid “cross-appeal” where respondent thereto not appellant — Employment Tribunals Act 1996 (c 17), s 18A — Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 (SI 2013/1237), Sch 1, r 10(1) — Employment Appeal Tribunal Rules 1993 (SI 1993/2854), r 5

  INDUSTRIAL RELATIONS — Employment tribunals — Early conciliation — Multiple equal pay claims on same claim forms — All claimants named on early conciliation certificates or schedules thereto issued by Acas — Claims with early conciliation certificate number relating to claimant somewhere on claim form allowed to proceed — Claims rejected where claimant’s certificate number not included — Whether inclusion of one valid certificate number relating to named claimant sufficient — Employment Tribunals Act 1996 (c 17), s 18A — Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 (SI 2013/1237), Sch 1, rr 10(1), 12, 13

  5 Case(s) considered

  1 Statute considered

  2 Statutory Instruments considered

• Habib v Dave Whelan Sports Ltd (trading as DW Fitness First)

  23 Aug 2023 [2023] EAT 113; [2023] ICR 1488; [2023] IRLR 893; [2023] WLR(D) 381, EAT (Judge Wayne Beard, Mrs R Wheeldon, Mrs E Lenehan)

  Subsequent citations: 1.
  INDUSTRIAL RELATIONS — Employment tribunals — Vulnerable party
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  INDUSTRIAL RELATIONS — Employment tribunals — Vulnerable party — Dyslexic claimant with intermittent representation — Tribunal refusing request for intermediary while giving evidence — Tribunal failing to offer claimant opportunity to present evidence about her dyslexia — Tribunal placing emphasis on claimant’s demeanour during hearing to make adverse findings on credibility — Whether hearing unfair

• 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
• MO v SM (as liquidator of G GmbH)

  13 Jul 2023 (Case C-134/22); EU:C:2023:567; [2023] ICR 1311; [2023] WLR(D) 330, ECJ (President of Chamber A Prechal, Judges ML Arastey Sahún, F Biltgen, N Wahl, J Passer Advocate General P Pikamäe)

  Subsequent considerations : 2 positive; most recently considered: 2025. Subsequent citations: 3.
  EMPLOYMENT — Redundancy — Consultation
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  EMPLOYMENT — Redundancy — Consultation — Employer having to inform workers’ representative and competent public authority of projected collective redundancies — Information communicated to workers’ representative but not competent public authority — Whether failure conferring individual protection on workers affected — Council Directive 98/59/EC, art 2(3)

  EMPLOYMENT — Redundancy — Consultation — Employer having to inform workers’ representative and competent public authority of projected collective redundancies — Information communicated to workers’ representative but not public authority — Whether failure conferring individual protection on workers affected — Council Directive 98/59/EC, art 2(3)

  1 Case considered

  1 EU Enactment considered

• CM v TimePartner Personalmanagement GmbH

  15 Dec 2022 (Case C-311/21); EU:C:2022:983; [2023] ICR 335; [2022] WLR(D) 506, ECJ (President of Chamber A Prechal, Judges ML Arastey Sahún, F Biltgen, N Wahl, J Passer, Advocate General AM Collins)

  Subsequent citations: 1.
  EMPLOYMENT — Contract of employment — Agency worker
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  EMPLOYMENT — Contract of employment — Agency worker — Temporary agency worker under fixed-term contract — Collective agreement applicable to temporary agency workers providing for lower pay than permanent workers — Employee claiming same pay as permanent workers — Whether necessary to take into account protection specific to temporary agency workers that was greater than laid down for workers in general — Whether agency required to engage temporary workers on permanent contract of employment — Parliament and Council Directive 2008/104/EC, art 5(2),(3)

  2 Case(s) considered

  1 EU Enactment considered