Category Archives: Case Law Update

Updates, and commentary on employment law related decisions

The territorial scope of Employment Tribunals – The Court of Appeal decisions in British Airways plc v Mak

The territorial scope of Employment Tribunals has seen many challenges over the years, usually from employees in the aviation or shipping industries who as part of their role may work between two (and often many more) legal jurisdictions, and who … Continue reading

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Filed under Case Law Update, Discrimination in the work place, employment law, Employment Tribunal Focus, Territorial Jurisdiction, Trade Unions

Malone & Others v BA Plc – crew complements dispute

Malone & Others v BA Plc The Court of Appeal has recently found in favour of BA Plc (“BA”) in the crew complements dispute. Miss Elizabeth Anne Malone was selected as one of three lead claimants’ on behalf of 5000+ … Continue reading

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Serial litigants face risk of paying costs

The Employment Appeal Tribunal (EAT) has dismissed the appeals of “serial litigant” Mr. John Berry.  Mr Berry brought (at least) four sets of proceedings in the Employment Tribunal complaining about job adverts which used terminology suggesting that they were targeted … Continue reading

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Filed under Case Law Update, Costs, Employment Tribunal Focus

Directive on equal treatment between self-employed men and women entered into force

On 4 August 2010, Directive 2010/41/EU of 7 July 2010 on the application of the principle of equal treatment between men and women engaged in an activity in a self-employed capacity entered into force. It improves the protection of female … Continue reading

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The end of salary sacrifice schemes? – Astra Zeneca v HMRC

Astra Zeneca provided part payment of salary to some of its employees by way of retail vouchers, as it was able to acquire these vouchers at less than their face value (the Court using the example of acquiring a voucher … Continue reading

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Liability for “negative” references – Bullimore v Pothecary Witham Weld (Solicitors)

Both a prospective and past employer have been found liable to a solicitor whose, job offer was retracted following the provision of a “negative” reference.  Miss Bullimore worked for Witham Weld Solicitors (“WW”) which has since merged to become Pothecary … Continue reading

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Extent of Liability for Loss – Thaine v London School of Economics

Miss Thaine was employed by the London School of Economics (“LSE”) as a painter and decorator in the maintenance department and was the only women amongst the department’s 18 employees. She began to suffer from psychiatric health problems, which prevented her … Continue reading

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Filed under Case Law Update, Discrimination in the work place

Reasonableness of Dismissal – Wilson Devonald Ltd v Suckling

Ms Suckling was a receptionist at a law firm, who had not been the subject of “previous concerns or complaints about her work” and was dismissed following one incident of misconduct.  Ms Suckling made the decision to allow two young … Continue reading

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Employers Ability to Pay – Tao Herbs and Acupuncture Limited v Mrs Y Jin

Mrs Jin was employed by Tao Herbs and Acupuncture Ltd, and experienced a “rocky” relationship with her employer. She was dismissed on 23 December 2008, and issued a clam for unfair dismissal. Mrs Jin claimed she had been dismissed unfairly, … Continue reading

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Maternity and Redundancy – Simpson v Endsleigh Insurance Services Ltd

Miss Simpson was an insurance consultant who worked in London. Whilst away on maternity leave, her employer restructured their business by closing down a number of retail outlets, and moving their business to call centres in Cheltenham, Burnley and Northern … Continue reading

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Filed under Case Law Update, Discrimination in the work place