Employment law court cases

Important employment law court cases from UK in “easy to read” format.

Northern Ireland :: Holiday pay should be calculated on the basis of actual annual working days

NORTHERN IRELAND Case: Chief Constable of The Police Service of Northern Ireland & Anor v Agnew Court: Court of Appeal Date issued: 17th June 2019 Subject: The Court of Appeal confirms that holiday pay should be calculated on the basis of actual annual working days – including overtime Substance: The Court of Appeal has upheld a 2018 tribunal finding which ruled that the Police Service of Northern Ireland (PSNI) had miscalculated holiday pay because it had been based on basic working hours, not the actual hours worked – which included overtime …

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United Kingdom :: Offering specific terms directly to employees and bypassing a recognised union does not undermine or otherwise interfere with collective bargaining

UNITED KINGDOM Case: Kostal UK Ltd v Dunkley and others Court: Court of Appeal Date issued: 13th June 2019 Subject: Offering specific terms directly to employees and bypassing a recognised union does not undermine or otherwise interfere with collective bargaining Substance: The Court of Appeal (CA) overruled a 2017 Employment Appeal Tribunal’s decision …

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United Kingdom :: Liability of overseas co-workers for whistleblowing 

UNITED KINGDOM Case: The Foreign and Commonwealth Office and others v Bamieh Court: Court of Appeal Date issued: 5th May 2019 Subject: Liability of overseas co-workers for whistleblowing  Substance: An overseas employee brought claims against two co-workers alleging detrimental treatment due to knowledge of the former being a whistleblower …

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United Kingdom :: Is paying a woman on maternity leave more than men on parental leave discriminatory

UNITED KINGDOM Case: Joined cases – Hextall v Leicestershire Police and Capita v Ali and another Court: Court of Appeal Date issued: 24th May 2019 Subject: Is paying a woman on maternity leave more than men on parental leave discriminatory Substance: According to the Court, male employees on shared parental leave are not comparable to female employees on maternity leave …

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United Kingdom :: Dismissal of a nurse for inappropriate conversations about religion with patients

UNITED KINGDOM Case: Kuteh v Dartford & Gravesend NHS Trust Court: Court of Appeal Date issued: 14th May 2019 Subject: Dismissal of a nurse for inappropriate conversations about religion with patients Substance: A nurse was dismissed for gross misconduct due to the “inappropriate promotion of religious beliefs” with patients …

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United Kingdom :: Breach of post-termination restrictions and privacy

UNITED KINGDOM Case: Argus Media Ltd v Halim Court: High Court of England and Wales Date issued: 15th January 2019 Subject: Breach of post-termination restrictions and privacy Substance: The employee concerned was ordered to pay 90% of their (former) employer’s legal fees – amounting to over £500,000 …

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United Kingdom :: Disciplinary proceedings

UNITED KINGDOM Case: North West Anglia NHS Foundation Trust v Gregg Court: England and Wales Court of Appeal Date issued: 19th March 2019 Subject: Disciplinary proceedings Substance: Once disciplinary proceedings against an employee are initiated, they may continue during criminal investigations …

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