Results: 121

• YQ v Ředitelství silnic a dálnic ČR

  12 Oct 2023 (Case C-57/22); EU:C:2023:770; [2024] ICR 151; [2024] WLR(D) 16, ECJ (President of Chamber PG Xuereb, Judges A Kumin, I Ziemele, Advocate General J Richard de la Tour)

  EMPLOYMENT — Working time provisions — Paid annual leave
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  EMPLOYMENT — Working time provisions — Paid annual leave — Worker dismissed but later reinstated upon Czech court finding dismissal invalid — Worker not assigned work between dismissal and reinstatement despite notifying employer of wish to work — Employer refusing to pay compensation for annual leave not taken between dismissal and reinstatement — Worker bringing action for compensation for that leave — Whether European Union law precluding Czech law under which worker not entitled to paid annual leave on basis not carrying out work for employer and already entitled to wage compensation under national law — Parliament and Council Directive 2003/88/EC, art 7(1)

  4 Case(s) considered

  1 EU Enactment 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

• Brooks v Leisure Employment Services Ltd

  08 Nov 2023 [2023] EAT 137; [2024] ICR 366; [2023] WLR(D) 529, EAT (Judge James Tayler, Mr Nick Aziz, Mr Steven Torrance)

  Subsequent citations: 2.
  EMPLOYMENT — Unfair dismissal — Constructive dismissal
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  EMPLOYMENT — Unfair dismissal — Constructive dismissal — Claimant submitting grievance for breach of implied term of mutual trust and confidence — Claimant resigning three months after breach whilst grievance proceedings ongoing — Grievance later dismissed — Employment tribunal accepting breach of implied term but dismissing claim on ground claimant affirmed contract — Whether delay in resigning constituting affirmation — Whether exercise of contractual grievance procedure after breach resulting in affirmation

  3 Case(s) considered

• Karim v General Medical Council

  12 Jun 2023 [2023] EAT 87, EAT (Judge Auerbach, Nick Aziz, Andrew Morris)

  09 Jul 2024 [2024] EWCA Civ 770; [2024] ICR 1194; [2024] IRLR 833; [2024] Med LR 433; [2024] WLR(D) 324, CA (Underhill, Bean, King LJJ)

  Subsequent citations: 1.
  INDUSTRIAL RELATIONS — Employment tribunals — Evidence
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  INDUSTRIAL RELATIONS — Employment tribunals — Evidence — Fitness to practise hearing finding surgeon not guilty of misconduct — Surgeon complaining of race discrimination due to delays in investigation — Employment tribunal inferring discrimination from statistics on complaints against doctors, outcomes and sanctions — Whether treatment of statistical evidence correct — Whether burden of proof shifting to respondent — Equality Act 2010 (c 15), s 136

  4 Case(s) considered

  1 Statute considered

• Leicester City Council v Parmar

  04 Jun 2024 [2024] EAT 85; [2024] ICR 1115; [2024] IRLR 721; [2024] WLR(D) 263, EAT (Judge James Tayler)

  22 Jul 2025 [2025] EWCA Civ 952; [2025] ICR 1581; [2025] IRLR 782; [2025] WLR(D) 392, CA (Lewison, Elisabeth Laing, Whipple LJJ)

  Subsequent citations: 2.
  DISCRIMINATION — Race — Less favourable treatment
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  DISCRIMINATION — Race — Less favourable treatment — Director of respondent council commencing formal disciplinary investigation against claimant — Similar action not taken against employees of different race from claimant in similar circumstances — Tribunal finding burden of proof shifting to respondent to demonstrate non-discriminatory reason for difference in treatment — Whether tribunal erred in not considering burden of proof in relation to each separate allegation — Whether erred in shifting burden of proof to respondent on basis of mere difference in treatment and/or mere unreasonable treatment — Whether wrong to consider instances of treatment of other employees which not of sufficient sample size

  DISCRIMINATION — Race — Less favourable treatment — Director of respondent council commencing disciplinary investigation against claimant — Similar action not taken against employees of different race in similar circumstances — Claim of race discrimination — Tribunal finding burden of proof shifting to respondent to demonstrate non-discriminatory reason for difference in treatment — Proper test for shifting of burden of proof — Proper approach to considering difference in treatment — Equality Act 2010 (c 15), ss 13, 136

  DISCRIMINATION — Race — Less favourable treatment — Director of respondent council commencing disciplinary investigation against claimant — Similar action not taken against employees of different race in similar circumstances — Claim of race discrimination — Tribunal finding burden of proof shifting to respondent to demonstrate non-discriminatory reason for difference in treatment — Employment Appeal Tribunal upholding decision — Whether tribunal adopting correct test for shifting of burden of proof — Whether tribunal taking proper approach to considering difference in treatment — Equality Act 2010 (c 15), ss 13, 136

  DISCRIMINATION — Race — Less favourable treatment — Director of respondent council commencing disciplinary investigation against claimant — Similar action not taken against employees of different race in similar circumstances — Claim of race discrimination — Tribunal finding burden of proof shifting to respondent to demonstrate non-discriminatory reason for difference in treatment — Whether tribunal adopting correct test for shifting of burden of proof — Whether taking proper approach to difference in treatment — Equality Act 2010 (c 15), ss 13, 136

  8 Case(s) considered

  1 Statute considered

• Warrington Borough Council v Unite the Union

  01 Dec 2023 [2023] EWHC 3093 (KB); [2024] ICR 599; [2024] IRLR 190; [2024] WLR(D) 85, KBD (Eady J)

  TRADE DISPUTE — Act in furtherance of — Procuring breach of contract
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  TRADE DISPUTE — Act in furtherance of — Procuring breach of contract — Pay claim for local authority workers submitted to national joint council — Defendant union balloting such workers on dispute as to pay increase and additional matters — Union members employed by claimant authority voting for industrial action — Union giving claimant notice of strike action — Collective agreement by joint council on pay award — Whether trade dispute with claimant continuing — Whether continuing strike action in furtherance of trade dispute — Whether interim injunction restraining strike action to be granted — Trade Union and Labour Relations (Consolidation) Act 1992 (c 52), ss 219(1), 221(2), 226, 229(2B)

  2 Case(s) considered

  1 Statute considered

• Boohene v The Royal Parks Ltd

  05 May 2023 [2023] EAT 69; [2024] IRLR 18, EAT (Eady J, Desmond Smith, Gillian Smith)

  24 May 2024 [2024] EWCA Civ 583; [2024] ICR 1036; [2024] IRLR 668; [2024] WLR(D) 246, CA (Underhill, Peter Jackson, Lewis LJJ)

  30 Apr 2025 (appn dis) [2025] ICR 1383; UKSC/2025/0030, SC(E) (Lord Reed PSC, Lord Sales, Lord Richards JJSC)

  Subsequent citations: 3.
  DISCRIMINATION — Indirect discrimination — Contract workers
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  DISCRIMINATION — Indirect discrimination — Contract workers — Claimants employed by company to work as contract workers for Royal Parks — Company paying claimants less than London living wage — Directly-employed Royal Parks workers paid London living wage — Claimants bringing claim against Royal Parks for indirect race discrimination — Whether claim permissible — Equality Act 2010 (c 15), ss 19, 41

  2 Case(s) considered

  1 Statute considered

• British Airways plc v De Mello

  19 Apr 2024 [2024] EAT 53; [2024] ICR 967; [2024] IRLR 543; [2024] WLR(D) 195, EAT (Judge Auerbach)

  Subsequent citations: 1.
  EMPLOYMENT — Working time provisions — Paid annual leave
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  EMPLOYMENT — Working time provisions — Paid annual leave — Claims by cabin crew for unlawful deduction from holiday pay — Whether meal allowances included when calculating statutory holiday pay — Whether burden on employer to show allowances not part of normal pay — Whether employer entitled to designate certain number of days as statutory rather than contractual leave days — Whether gap between two successive deductions of more than three months breaking series — Whether commission on duty free sales part of normal pay — Employment Rights Act 1996 (c 18), s 23(3) — Civil Aviation (Working Time) Regulations 2004 (SI 2004/756), reg 18

  6 Case(s) considered

  1 Statute considered

  1 Statutory Instrument considered
• Aga v General Dental Council

  13 Dec 2023 [2023] EWHC 3208 (Admin); [2024] ICR 477; [2023] WLR(D) 521, KBD (Ritchie J)

  04 Feb 2025 [2025] EWCA Civ 68; [2025] ICR 880; [2025] IRLR 696; [2025] WLR(D) 70, CA (Nicola Davies, Stuart-Smith, Whipple LJJ)

  Subsequent considerations : 1 negative; most recently considered: 2024. Subsequent citations: 5.
  DENTIST — Discipline — Suspension
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  DENTIST — Discipline — Suspension — Professional Conduct Committee directing suspension of dentist for nine months — Committee also making immediate suspension order — Claimant’s appeal against sanction taking over four months to be heard — Whether General Dental Council entitled to impose consecutive suspension periods exceeding 12-month statutory maximum — Dentists Act 1984 (c 24), ss 27B(6), 29A, 30

  DENTIST — Discipline — Suspension — Professional Conduct Committee directing suspension of dentist for nine months — Committee also making immediate suspension order — Judge treating the two periods as continuous suspension subject to 12-month statutory maximum — Judge deducting period of suspension under order of immediate suspension from length of substantive direction of suspension — Whether two periods of suspension distinct with duration of each unaffected by other — Dentists Act 1984 (c 24), ss 27B(6), 29A, 30

  DENTIST — Discipline — Suspension — Professional Conduct Committee directing suspension of dentist for nine months — Committee also making immediate suspension order — Judge treating two periods as continuous suspension subject to 12-month statutory maximum — Whether periods of suspension distinct with duration of each unaffected by other — Dentists Act 1984 (c 24), ss 27B(6), 29A, 30

  2 Case(s) considered

  1 Statute considered

• Campbell v NHS Business Services Authority

  04 May 2023 [2023] EWHC 928 (Ch), Ch D (Zacaroli J)

  16 Nov 2023 [2023] EWCA Civ 1351; [2024] ICR 400; [2023] WLR(D) 476, CA (Lewison, Asplin LJJ, Sir Launcelot Henderson)

  Subsequent citations: 1.
  PENSIONS — Pension scheme — Construction
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  PENSIONS — Pension scheme — Construction — NHS employee applying for ill-health retirement benefits pursuant to pension scheme — Employee dying after employment terminated but before expiry of period of unused annual leave for which payment made in lieu — Meaning of “retires from pensionable employment” — Effect of provision that “treated” pensionable employment as continuing for any period of leave for which payment made in lieu — Whether employee to be treated as having died during pensionable employment — National Health Service Pension Scheme Regulations 1995 (SI 1995/300), regs E2A, C2(5)

  2 Case(s) considered

  1 Statutory Instrument considered