LRD guides and handbook March 2023

Case Law at Work 19th Edition

Introduction

Introduction [page 1] (508 words)

This is the 19th edition of Case Law at Work, the LRD’s key source of information on recent employment law cases. It contains clear summaries and ...
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Chapter 1

Employment status and categories of worker [ch 1: page 3] (2,168 words)
Waters v The Mote Cricket Club EA-2020-001090-VP

To qualify for basic employment rights including paid annual leave, rest breaks and the National Minimum Wage, an individual must be deemed to be a ...
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Agency workers [ch 1: page 7] (560 words)
Kocur v Angard Staffing Solution Ltd [2022] EWCA Civ 189

Chapter 2

Starting work and the employment contract [ch 2: page 9] (1,180 words)
USDAW & others v Tesco Stores Ltd [2022] EWCA Civ 978

A contract of employment is an agreement between the employer and employee and any changes to its terms must be agreed. This means that an employer ...
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Chapter 3

Pay and conditions [ch 3: page 11] (1,018 words)
Smith v Pimlico Plumbers Ltd [2022] EWCA Civ 70

An individual’s pay and conditions are contained in their contract of employment, but they are subject to some minimum statutory rights and ...
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Chapter 4

Trade unions and collective organisation [ch 4: page 13] (1,653 words)
Kostal UK Ltd v Dunkley & Ors [2021] UKSC 47

Trade unions and their members have a certain amount of legal protection under the Trade Union and Labour Relations (Consolidation) Act 1992 (TURLCA). ...
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Union rules [ch 4: page 16] (580 words)
Simpson v Unite the Union [2022] EAT 154

Chapter 5

Industrial action [ch 5: page 17] (908 words)
Mercer v Alternative Future Group Ltd [2022] EWCA Civ 379

The law provides some protection to individuals for carrying out trade union activities and for taking industrial action. Employees are protected ...
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Blacklisting [ch 5: page 18] (698 words)
Ryanair DAC v Morais and others EA-2021-000275

Chapter 6

Discrimination [ch 6: page 21] (107 words)

The Equality Act 2010 (EA 10) makes it unlawful to discriminate against someone because of one or more of the following “protected ...
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Disability discrimination [ch 6: page 21] (7,150 words)
P2CG Ltd v Davis EA-2019-000762-AT

Victimisation [ch 6: page 33] (1,471 words)
Warburton v Chief Constable Northamptonshire 2022 EAT 42

Indirect discrimination [ch 6: page 36] (1,444 words)
Allen v Primark Stores Ltd: EAT [2022] 57

Sex discrimination [ch 6: page 38] (1,128 words)
Finn v The British Bung Manufacturing Company Limited ET case 1803764/2021

Religion or belief discrimination [ch 6: page 40] (1,629 words)
Mackereth v The Department of Work and Pensions (1) Advanced Personnel Management Group (UK) Limited (2) [2022] EAT 99

Age discrimination [ch 6: page 44] (526 words)
R Sunderland v Superdry plc [2022] ET Case no. 1406389/2020

Burden of proof [ch 6: page 45] (1,875 words)
Field v Steve Pye and Co (KL) Ltd and Others [2022] EAT 68

Chapter 7

Dismissal [ch 7: page 49] (298 words)

Legal protection from unfair dismissal is found in sections 94 to 98 of the Employment Rights Act 1996 (ERA 96). Under these provisions, dismissal is ...
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Reasons for dismissal [ch 7: page 49] (4,861 words)
Thompson v Informatica Software Ltd EA-2020-000463-OO 13.19.21

Automatically unfair dismissal [ch 7: page 58] (1,644 words)
Stone v Burflex (Scaffolding) Ltd EA-2019-001183-RN

Constructive dismissal [ch 7: page 61] (1,772 words)
Harris v East Lancashire Hospitals NHS Trust: [2022] EAT 41

Was the dismissal fair? [ch 7: page 64] (1,258 words)
Ward v Dimensions (UK) Ltd: [2022] EAT 110

Status of dismissal after an appeal [ch 7: page 66] (1,187 words)
Marangakis v Iceland Foods Limited [2022] EAT 161

Compensation [ch 7: page 68] (355 words)
Rentplus UK Ltd v Coulson [2022] EAT 81

Chapter 8

Redundancy [ch 8: page 69] (1,133 words)
Mogane v Bradford Teaching Hospitals NHS Foundation Trust and another [2022] EAT 139

The right not to be unfairly dismissed for redundancy and to be paid a redundancy payment is found in section 139 of the Employment Rights Act 1996 ...
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Chapter 9

Transfers and service provision changes (TUPE) [ch 9: page 71] (631 words)
Tuitt v London Borough of Richmond Thames [2022] EAT 124

An employee’s employment will automatically transfer under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) if there ...
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Effect of TUPE on terms and conditions [ch 9: page 72] (1,135 words)
Ponticelli UK Ltd v Mr A Gallagher [2022] EAT 140

Chapter 10

Whistleblowing [ch 10: page 75] (1,476 words)
Kong v Gulf International Bank (UK) Limited (Protect intervening) [2022] EWCA Civ 941

The Public Interest Disclosure Act 1998 (PIDA) introduced provisions to the Employment Rights Act 1996 (ERA 1996) to protect employees and workers ...
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Compensation [ch 10: page 77] (1,130 words)
Hilco Capital Limited v Harrington [2022] EAT 156

Chapter 11

Bringing a tribunal claim [ch 11: page 81] (3,934 words)
Roddis v Sheffield Hallam University UKEAT/0060/20/VP

Practice and procedure in the employment tribunal is governed by the Employment Tribunals Rules of Procedure (ET Rules) and the Employment Tribunals ...
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Disclosure [ch 11: page 88] (441 words)
Dodd v UK Direct Business Solutions and anor [2022] EAT 44

Strike out [ch 11: page 89] (3,118 words)
Clarke v The Restaurant Group (UK) Ltd EA-2019-001107-RN

Deposit orders [ch 11: page 94] (1,577 words)
Garcia v The Leadership Factor Ltd Case No: EA-2020-000636-BA & EA-2020-000637-BA