Results: 8

• GL v AB SpA

  11 Sep 2025 (Case C-38/24); EU:C:2025:690; [2026] ICR 14; [2025] WLR(D) 478, ECJ (President of Chamber F Biltgen, Vice-President of Court T von Danwitz, Judges A Kumin, I Ziemele, S Gervasoni Advocate General A Rantos)

  EUROPEAN UNION — Reference for a preliminary ruling — Social policy

  DISCRIMINATION — Disability — Disability-related
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  EUROPEAN UNION — Reference for a preliminary ruling — Social policy — United Nations Convention on the Rights of Persons with Disabilities — Articles 2, 5 and 7 — Articles 21, 24 and 26 of the Charter of Fundamental Rights of the European Union — Directive 2000/78/EC — Equal treatment in employment and occupation — Article 1 — Article 21 and 2b — Prohibition of discrimination on grounds of disability — Indirect discrimination — Difference of treatment in respect of an employee who does not himself or herself have a disability but cares for his or her child who has a disability — Article 5 — Employer's obligation to make reasonable accommodation

  DISCRIMINATION — Disability — Disability-related — Employee primary carer for disabled child — Employer refusing employee’s request for fixed working hours — Italian court dismissing employee’s claim for indirect discrimination on ground of disability “by association” — Whether prohibition against direct discrimination in EU Directive extending to indirect discrimination — Whether employer having to make reasonable accommodation for employee — Charter of Fundamental Rights of the European Union, arts 21, 24, 26 — Council Directive 2000/78/EC, arts 1, 2, 5 — United Nations Convention on the Rights of Persons with Disabilities (2006), arts 2, 5, 7

  DISCRIMINATION — Disability — Disability-related — Employee primary carer for disabled child — Employer refusing request for fixed working hours — Italian court dismissing claim for indirect discrimination on ground of disability “by association” — Whether prohibition of direct discrimination by association extending to indirect discrimination — Whether employer required to make reasonable accommodation for employee — Charter of Fundamental Rights of the European Union, arts 21(1), 24, 26 — Council Directive 2000/78/EC, arts 1, 2, 5 — United Nations Convention on the Rights of Persons with Disabilities (2006), arts 2, 5, 7

  5 Case(s) considered

  2 EU Enactments considered

  1 International Agreement considered

• X v Y

  01 Sep 2025 [2025] EAT 128; [2026] ICR 1; [2025] WLR(D) 462, EAT (Judge James Tayler)

  Subsequent citations: 1.
  INDUSTRIAL RELATIONS — Employment Appeal Tribunal — Appeal to
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  INDUSTRIAL RELATIONS — Employment Appeal Tribunal — Appeal to — Claimant failing to provide supporting documents with notice of appeal — Whether honest and genuine mistake supporting grant of extension of time — Employment Appeal Tribunal Rules 1993 (SI 1993/2854), r 3

  INDUSTRIAL RELATIONS — Employment Appeal Tribunal — Appeal to — Claimant failing to provide supporting documents with notice of appeal — Whether honest and genuine mistake — Whether time to be extended — Employment Appeal Tribunal Rules 1993 (SI 1993/2854), Sch 1, rr 3, 37(1)(5)

  2 Case(s) considered

  1 Statutory Instrument considered

• DBP v Scottish Ambulance Service

  13 Oct 2025 [2025] EAT 147; [2026] ICR 89; [2025] WLR(D) 512, EAT (Judge Barry Clarke)

  INDUSTRIAL RELATIONS — Employment tribunals — Anonymity order

  INDUSTRIAL RELATIONS — Employment tribunals — Procedure
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  INDUSTRIAL RELATIONS — Employment tribunals — Anonymity order — Claimant applying for permanent anonymity many months after hearing concluded — Claimant concerned about judgment recounting evidence of self-harming and suicide attempt — Application detailing steps claimant willing to take to fund expert psychological report to confirm and quantify risk — Employment judge refusing application on papers — Whether wrong to refuse application because supporting medical evidence not provided

  INDUSTRIAL RELATIONS — Employment tribunals — Procedure — Restricted reporting order — Claimant re-applying for permanent anonymity order year after judgment put on register — Claimant relying on risk of self-harm and suicide — Application expressing willingness to fund expert psychological report to provide evidence — Employment judge rejecting request for oral hearing and refusing application on papers — Whether fairness requiring claimant to be given opportunity to provide medical evidence — Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 (SI 2013/1237), Sch 1, r 50(1)

  4 Case(s) considered

  1 Statutory Instrument considered

• Spirit (Legacy) Pension Trustee Ltd v Alexis

  01 Sep 2025 [2025] EWHC 2237 (Ch); [2026] ICR 33; [2025] WLR(D) 454, Ch D (Richard Smith J)

  PENSIONS — Pension scheme — Construction
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  PENSIONS — Pension scheme — Construction — Scheme providing for supplement to be paid after retirement from scheme to bridge gap with “state pension age” — Whether “state pension age” in pension scheme rules referring to statutory definition then in force or as later amended — Pensions Act 1995 (c 26), Sch 4, para 1

  PENSIONS — Pension scheme — Construction — Scheme providing for supplementary pension on early retirement to bridge gap to “state pension age” — State pension age defined in 2001 scheme rules as having meaning given by rules in Pensions Act 1995 — Whether state pension age to be construed in 2018 as that in force in 2001 or as later amended — Pensions Act 1995 (c 26), Sch 4, para 1

  4 Case(s) considered

  1 Statute considered

• Henderson v GCRM Ltd

  06 Oct 2025 [2025] EAT 136; [2026] ICR 101; [2025] WLR(D) 510, EAT (Lord Fairley (President))

  EMPLOYMENT — Protected disclosure — Unfair dismissal

  EMPLOYMENT — Protected disclosure — Act by co-worker
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  EMPLOYMENT — Protected disclosure — Unfair dismissal — Second respondent unsuccessfully attempting to negotiate termination of claimant’s employment — Claimant dismissed by third respondent for misconduct following disciplinary hearing — Whether third respondent influenced by second respondent — Whether third respondent’s belief that claimant guilty of gross misconduct held on reasonable grounds — Whether protected disclosures “principal reason” for dismissal — Employment Rights Act 1996 (c 18), ss 47, 103A

  EMPLOYMENT — Protected disclosure — Act by co-worker — Claimant making disclosures to managers — Line manager initiating disciplinary hearing — Hearing conducted by senior manager unaware of disclosures — Senior manager dismissing claimant for misconduct — Claimant bringing claims for detriment of dismissal — Tribunal finding senior manager’s decision influenced by line manager who was motivated by disclosures — Whether line manager’s motivation to be imputed to senior manager and employer — Whether employer liable for automatic unfair dismissal — Employment Rights Act 1996 (c 18), ss 47B, 103A

  11 Case(s) considered

  1 Statute considered
• XY v AB

  13 May 2025 [2025] EAT 66; [2026] ICR 47, EAT (Cavanagh J)

  Subsequent considerations : 1 positive; most recently considered: 2025. Subsequent citations: 3.
  INDUSTRIAL RELATIONS — Employment tribunals — Procedure
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  INDUSTRIAL RELATIONS — Employment tribunals — Procedure — Restricted reporting order — Claim making serious allegations of sexual harassment against respondent — Claimant unilaterally withdrawing claim before allegations tested — Claimant telling respondent’s employer and others claim successful — Whether permanent anonymity order justified — 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

  4 Case(s) considered

  1 Statute considered

  1 Statutory Instrument considered

• Ahmed v Department for Work and Pensions

  15 Jul 2025 [2025] EAT 118; [2026] ICR D3, EAT (Judge Stout, Nick Aziz, Steve Torrance)

  NATURAL JUSTICE — Bias — Apparent bias
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  NATURAL JUSTICE — Bias — Apparent bias — Employment judge noting claimant’s conduct throughout directions hearing as rude, abusive and unreasonable — Judge recusing himself — Case remitted to different judge with same lay members — Whether appropriate

• Huntley v Siemens Healthcare Ltd

  23 Oct 2025 [2025] EAT 152; [2026] ICR D1, EAT (Marcus Pilgerstorfer KC sitting as a deputy High Court judge)

  INDUSTRIAL RELATIONS — Employment tribunals — Costs
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  INDUSTRIAL RELATIONS — Employment tribunals — Costs — Merits hearing in two parts — Respondent claiming no reasonable prospects of success after first hearing and applying for costs of second hearing — Whether assessment of prospects of success limited to outset of proceedings — Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 (SI 2013/1237), Sch 1, r 76(1)(b)

  1 Statutory Instrument considered