Results: 96

• MacLennan v British Psychological Society

  21 Oct 2024 [2024] EAT 166; [2025] ICR 977; [2025] IRLR 4; [2024] WLR(D) 467, EAT (Judge James Tayler)

  Subsequent citations: 1.
  EMPLOYMENT — Contract — Worker

  EMPLOYMENT — Protected disclosure — Worker
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  Case index catchwords

  EMPLOYMENT — Contract — Worker — Charity trustee elected as President-elect — Relations with senior management deteriorating resulting in grievance against claimant — Role as trustee and President-elect terminated — Whether claimant in analogous situation to employee or some “other status” — Whether “worker” — Employment Rights Act 1996 (c 18), ss 47B, 230 — Human Rights Act 1998 (c 42), Sch 1, Pt I, arts 10, 14

  EMPLOYMENT — Protected disclosure — Worker — Claimant appointed President-elect of charity with view to becoming President year later — Protected disclosures made prior to and after confirmation of appointment — Role as President-elect subsequently terminated — Whether claimant having entered into contract with charity — Whether claimant required to be treated as worker by application of Convention rights — Whether whistleblowing protection available when disclosure made prior to complainant becoming worker for employer — Employment Rights Act 1996 (c 18), ss 47B, 230(3) — Human Rights Act 1998 (c 42), Sch 1, Pt I, arts 10, 14

  9 Case(s) considered

  2 Statutes considered

• Hewston v Office for Standards in Education, Children’s Services and Skills

  04 Aug 2023 [2023] EAT 109; [2023] IRLR 878, EAT (Judge Auerbach, Prof A Rowland, Miss E Lenehan)

  13 Mar 2024 [2024] EWCA Civ 410, CA (Lewison, Elisabeth Laing LJJ)

  14 Mar 2025 [2025] EWCA Civ 250; [2025] ICR 1270; [2025] 3 All ER 1016; [2025] IRLR 457; [2025] WLR(D) 150, CA (Underhill, Warby LJJ, Sir Launcelot Henderson)

  EMPLOYMENT — Unfair dismissal — Reasonableness of dismissal
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  EMPLOYMENT — Unfair dismissal — Reasonableness of dismissal — School inspector dismissed for touching child’s head and back during inspection — Whether dismissal falling within band of reasonable responses — Whether proper regard paid to Acas code — Whether dismissal fair — Employment Rights Act 1996 (c 18), s 98

  EMPLOYMENT — Unfair dismissal — Reasonableness of dismissal — School inspector dismissed for touching child’s head and back during inspection — Whether dismissal falling within band of reasonable responses — Whether dismissal unfair — Employment Rights Act 1996 (c 18), s 98(2)

  1 Case considered

  1 Statute considered

• R (Aquilina) v Secretary of State for Education

  01 Aug 2024 [2024] EWHC 1998 (Admin); [2025] ICR 211; [2024] WLR(D) 370, KBD (Cotter J)

  EDUCATION — Teacher — Disciplinary committee

  EDUCATION — Teacher — Disciplinary action
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  Case index catchwords

  EDUCATION — Teacher — Disciplinary committee — Claimant head teacher sharing confidential information about pupils with husband holding pastoral support role but not employed by school — Professional conduct panel finding claimant’s actions not unacceptable professional conduct but conduct that might bring profession into disrepute — Panel making no recommendation for prohibition order in addition to usual publication of decision — Whether misconstruing legislation — Whether two limbs of statute mutually exclusive — Whether requirement for conduct under either limb to be “serious” — Whether non-statutory guidance erroneous — Whether panel’s decision lawful — Education Act 2002 (c 32), s 141B(1)(a)(2)

  EDUCATION — Teacher — Disciplinary action — Claimant head teacher wrongly sharing confidential information about pupils — Professional conduct panel finding claimant’s actions not unacceptable professional conduct but conduct that might bring profession into disrepute — Whether two limbs of statutory provision mutually exclusive — Whether professional conduct falling to be considered within second limb — Whether second limb requiring conduct to be serious — Education Act 2002 (c 32), s 141B(1)(a), (2) — Teachers’ Disciplinary (England) Regulations 2012 (SI 2012/560), reg 7(5)

  2 Case(s) considered

  1 Statute considered

  1 Statutory Instrument considered
• Ryanair DAC v Lutz (Storm Global Ltd v Lutz)

  30 Nov 2023 [2023] EAT 146; [2024] IRLR 299, EAT (Heather Williams J, Nick Aziz, Andrew Morris)

  08 Jul 2025 [2025] EWCA Civ 849; [2025] ICR 1448; [2025] IRLR 764; [2025] WLR(D) 358, CA (Underhill, Males, Elisabeth Laing LJJ)

  Subsequent considerations : 1 neutral; most recently considered: 2024. Subsequent citations: 2.
  EMPLOYMENT — Contract — Worker

  EMPLOYMENT — Working time provisions — Paid annual leave

  EMPLOYMENT — Contract of employment — Agency worker
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  Case index catchwords

  EMPLOYMENT — Contract — Worker

  EMPLOYMENT — Working time provisions — Paid annual leave — Claimant pilot supplied by company to airline — Claimant bringing claim against company seeking annual unpaid leave — Whether claimant “crew member” and/ or “worker” — Civil Aviation (Working Time) Regulations 2004 (SI 2004/756), reg 3 — Charter of Fundamental Rights of the European Union, arts 31,47

  EMPLOYMENT — Contract of employment — Agency worker — Claimant bringing claim against company and airline for equal terms — Whether claimant “agency worker” — Agency Worker Regulations 2010 (SI 2010/93), reg 3

  EMPLOYMENT — Working time provisions — Paid annual leave — Claimant pilot supplied by company to airline — Claimant bringing claim against company seeking unpaid annual leave — Whether claimant “crew member” and/or “worker” — Civil Aviation (Working Time) Regulations 2004 (SI 2004/756), reg 3

  9 Case(s) considered

  1 EU Enactment considered

  2 Statutory Instruments 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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  Case index catchwords

  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
• Ridley v HB Kirtley (trading as Queen’s Court Business Centre) (Kostrova v McDermott International Inc, Taylor v Lloyds Pharmacy Ltd)

  25 Jul 2024 [2024] EWCA Civ 884; [2025] ICR 441; [2024] IRLR 845; [2024] WLR(D) 353, CA (Baker, Nicola Davies, Elisabeth Laing LJJ)

  Subsequent considerations : 1 positive; 2 neutral; most recently considered: 2025. Subsequent citations: 8.
  INDUSTRIAL RELATIONS — Employment Appeal Tribunal — Appeal to
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  Case index catchwords

  INDUSTRIAL RELATIONS — Employment Appeal Tribunal — Appeal to — Appellants lodging appeal to Tribunal without necessary documentation — Tribunal judge refusing applications for extension of time to lodge appeal — Scope of court’s discretion to extend time — Whether distinction to be applied to different types of mistake in failing to lodge appeal documentation — Whether discretion to be applied in flexible manner — — Employment Appeal Tribunal Rules 1993 (SI No 1993/2854), rr 3(1), 3(3), 37(1)

  INDUSTRIAL RELATIONS — Employment Appeal Tribunal — Appeal to — Appellant lodging appeal without one required document — Missing document lodged out of time — Correct approach to exercise of discretion to extend time — Employment Appeal Tribunal Rules 1993 (SI 1993/2854), rr 3(1)(3), 37(1)

  5 Case(s) considered

  1 Statutory Instrument 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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  Case index catchwords

  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

• AYZ v BZA

  08 Jul 2025 [2025] EAT 91; [2025] ICR 1441; [2025] IRLR 748; [2025] WLR(D) 367, EAT (Cavanagh J)

  INDUSTRIAL RELATIONS — Employment tribunals — Procedure
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  Case index catchwords

  INDUSTRIAL RELATIONS — Employment tribunals — Procedure — Restrictions on public disclosure — Allegation of sexual assault by respondent not subject of employment tribunal proceedings — Whether obligation to grant lifelong anonymity to claimant — Sexual Offences (Amendment) Act 1992 (c 34), s 1

  INDUSTRIAL RELATIONS — Employment tribunals — Procedure — Restrictions on public disclosure — Claimant seeking anonymity order — Allegation of sexual assault against respondent relied on though not subject of proceedings — Whether claimant to be granted lifelong anonymity — Sexual Offences (Amendment) Act 1992 (c 34), ss 1(1), 5(2)

  2 Case(s) considered

  1 Statute 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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  Case index catchwords

  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

• General Medical Council v Konathala

  20 Jun 2025 [2025] EWHC 1550 (Admin); [2025] ICR 1605; [2025] WLR(D) 327, KBD (Mould J)

  Subsequent citations: 1.
  MEDICAL PRACTITIONER — Medical Practitioners’ Tribunal — Appeal

  MEDICAL PRACTITIONER — Medical Practitioners’ Tribunal — Fitness to practise

  MEDICAL PRACTITIONER — Medical Practitioners Tribunal — Appeal
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  Case index catchwords

  MEDICAL PRACTITIONER — Medical Practitioners’ Tribunal — Appeal — Tribunal finding registrant doctor’s fitness to practice impaired by sexually motivated misconduct directing 12-month suspension from register — Doctor filing appellant’s notice within statutory time limit for bringing appeal but omitting signature — Appellant’s notice sealed by Administrative Court office — Whether sufficient to constitute bringing of appeal for purpose of statutory time limit — Whether court having discretionary power to rectify defect — Medical Act 1983 (c 54), s 40 — CPR r 3.10, PD 52B, para 4.1

  MEDICAL PRACTITIONER — Medical Practitioners’ Tribunal — Fitness to practise — Tribunal determining registrant doctor’s fitness to practice impaired by sexually motivated misconduct — Tribunal directing 12–month suspension from register — Whether nature of registrant’s conduct being predatory or opportunistic material to sanction — Whether tribunal erring in failing to direct erasure from register — Whether sanctions guidance issued by council providing cogent steer towards erasure — Whether erasure only means of protecting public in fulfilment of over-arching objective — Medical Act 1983 (c 54), ss 1, 40

  MEDICAL PRACTITIONER — Medical Practitioners Tribunal — Appeal — Tribunal finding doctor’s fitness to practise impaired by sexually motivated misconduct — Tribunal imposing sanction of 12-month suspension from register — General Medical Council filing appellant’s notice but omitting to sign one section of notice — Notice sealed by Administrative Court — Whether appeal valid — Whether power to rectify defect — Whether suspension sufficient sanction for protection of public — Medical Act 1983 (c 54), ss 1, 40A — CPR rr 2.6, 3.10, 7.2, PD 52B, para 4.1

  6 Case(s) considered

  1 Statute considered

  1 Statutory Instrument considered