Case law

Tamarind restaurant (2004)

Restaurant worker unfairly dismissed after whistleblowing

An employment tribunal has ruled that the sacking of an assistant restaurant manager after he had blown the whistle over ingredients was unfair.

Include regular voluntary overtime in holiday pay, judge rules

10 Jun 2019

Employers must now consider any voluntary overtime that is taken regularly in holiday pay calculations

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judges are workers case surpreme court

Supreme Court to hear ‘judges are workers’ case

4 Jun 2019

A judge who is seeking a clarification in the law to recognise judges as workers will make her case at...

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Employers can enhance maternity pay and not shared parental pay

28 May 2019

The Court of Appeal has ruled that employers can enhance maternity pay, while only offering statutory shared parental pay for fathers.

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Oxford University’s retirement age not discriminatory, tribunal finds

23 May 2019

A former Oxford University academic who was forced to retire at 67 has lost his claim for unfair dismissal and...

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Proselytising Christian nurse loses second appeal against dismissal

14 May 2019

A nurse in Kent dismissed for “preaching” to patients has lost a second appeal against an employment tribunal ruling that...

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ECJ: Employers must ensure staff are not overworking

14 May 2019

The European Court of Justice has ruled that employers must take steps to make sure their staff are not exceeding...

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Holland & Barrett employee wins overtime case for opening and closing up

9 Apr 2019

Retailers whose staff work extra hours to open and close the store should ensure their employees are adequately remunerated for...

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Royal Mail driver told she should be ‘in the kitchen’ wins case

8 Apr 2019

A Royal Mail driver who was told she should be “back home and in the kitchen” has won £2,600 in...

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Redundancy when on maternity leave: a matter of communication

29 Mar 2019

HR practitioners, even some line managers, know full well that an employee at risk of redundancy when they are on...

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Suspending an employee: Avoiding a knee-jerk reaction

25 Mar 2019

An employee facing disciplinary action may be legitimately suspended from work, but there are circumstances where any such suspension may...

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Dismissal for asserting a statutory right – a trap for the unwary

5 Mar 2019

Most employers wanting to part company with an employee will be aware of the most common claims that the individual...

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Cleaner unfairly dismissed for Topshop pay protest

21 Feb 2019

A cleaner at Topshop’s flagship London store has won up to £75,000 after an employment tribunal found she had been...

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Supreme Court sleep-in appeal plunges care sector into uncertainty

14 Feb 2019

The Supreme Court has granted permission for an appeal in the legal case considering whether or not care workers who...

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Supreme Court rejects government appeal on criminal record checks

30 Jan 2019

The Supreme Court has rejected a government appeal against a human rights ruling won by a group of people who...

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