LRD guides and handbook February 2024

Case Law at Work 20th Edition

Introduction

Introduction [page 1] (525 words)

This is the 20th edition of Case Law at Work, the LRD’s key source of information on recent employment law cases. It contains clear summaries of ...
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Chapter 1

1. Employment status and categories of worker [page 3] (280 words)

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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Employee, worker or self-employed? [page 3] (3,758 words)
Ter-Berg v Simply Smile Manor House Ltd and Others [2023] EAT 2

Chapter 2

2. Starting work and the employment contract [page 11] (197 words)

A contract of employment is an agreement between the employer and employee and any changes to its terms must be agreed. Changes to contractual terms ...
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Contract terms [page 11] (1,555 words)
Thom v Hobart Real Estate Partners Ltd [2023] EAT 37

Chapter 3

3. Pay and conditions [page 15] (162 words)

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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Annual leave and pay [page 15] (1,132 words)
Chief Constable of the Police Service of Northern Ireland v Agnew and Others [2023] UKSC 33

National Minimum Wage [page 17] (1,305 words)
Lloyd v Elmhurst School Limited [2022] EAT 169

Furlough pay [page 19] (1,334 words)
Mones v Lisa Franklin Ltd [2022] EAT 199

Chapter 4

4. Industrial action [page 23] (86 words)

For almost 50 years, there was a ban on the use of agency workers during official industrial action. This reflects the position of the ILO, which is ...
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The right to strike [page 23] (1,250 words)

Chapter 5

5. Discrimination [page 27] (106 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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Direct discrimination [page 27] (1,290 words)
Earl Shilton Town Council v Ms K Miller [2023] EAT 5

Indirect discrimination [page 30] (2,252 words)
Glover v (1) Lacoste UK Ltd (2) Mr R Harmon [2023] EAT 4

Harassment [page 34] (736 words)
Greasley-Adams v Royal Mail Group Ltd [2023] EAT 86

Marriage and civil partnership discrimination [page 35] (469 words)
Ellis v Bacon and Advanced Fire Solutions Ltd (In Administration) [2022] EAT 188

Pregnancy discrimination [page 36] (1,052 words)
Alcedo Orange Ltd v Ferridge-Gunn [2023] EAT 78

Age discrimination [page 38] (1,244 words)
Cowie v Vesuvius plc and others: 2202735/2020

Disability-related discrimination [page 40] (5,393 words)
Morgan v Buckinghamshire Council [2022] EAT 160

Reasonable adjustments [page 50] (6,542 words)
AECOM Ltd v Mallon [2023] EAT 104

Definition of disability [page 61] (545 words)
Williams v Newport City Council [2023] EAT 136

Religion or belief discrimination [page 62] (1,577 words)
Higgs v Farmor’s School and anor [2023] EAT 89

Victimisation [page 65] (479 words)
Meshram v Entserv UK Ltd [2023] EAT 126

Chapter 6

6. Dismissal [page 67] (199 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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Was there a dismissal? [page 67] (2,393 words)
Meaker v Cyxtera Technology UK Ltd [2023] EAT 17

Constructive dismissal [page 72] (1,423 words)
Achi v GMB and another [2023] EAT 29

Reasonableness of dismissal [page 74] (3,129 words)
Lyfar-Cissé v Western Sussex University Hospitals NHS Foundation Trust and others [2022] EAT 193

Serious and imminent danger [page 80] (2,329 words)
Rodgers v Leeds Laser Cutting Ltd [2022] EWCA Civ 1659

Compensation [page 84] (1,083 words)
Unilever de Centroamerica SA de CV v Pirie [2022] EAT 170

Chapter 7

7. Redundancy [page 87] (171 words)

An employee is dismissed by reason of redundancy if the definition contained in section 139 of the Employment Rights Act 1996 (ERA 96) is met, which ...
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Individual consultation [page 87] (1,065 words)
Teixeira v Zaika Restaurant Ltd [2022] EAT 171

Alternative employment [page 89] (396 words)
Mid and South Essex NHS Foundation Trust v Stevenson & Others [2023] EAT 115

Chapter 8

8. Transfers and service provision changes (TUPE) [page 91] (93 words)

The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) protect employees if their employer changes hands. It applies when ...
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Contractual terms [page 91] (438 words)
Ponticelli Ltd v Gallagher [2023] CSIH 32

Date of transfer [page 92] (602 words)
Rajput v Commerzbank AG [2023] EAT 116

Chapter 9

9. Whistleblowing [page 95] (61 words)

Whistleblowing provisions introduced by the Public Interest Disclosure Act 1998 and the Public Interest Disclosure (Northern Ireland) Order 1998 ...
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Liability for detriment [page 95] (564 words)
McNicholas v Care and Learning Alliance [2023] EAT 127

Chapter 10

10. Bringing a tribunal claim [page 97] (130 words)

Most employment rights are enforced through employment tribunals or, in Northern Ireland, industrial tribunals or fair employment tribunals. ...
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Time limits [page 97] (1,300 words)
B.L.I.S.S. Residential Care Ltd v Fellows [2023] EAT 8 and [2023] EAT 59

Amendment [page 99] (624 words)
LQP v City of York Council [2022] EAT 196

Unless order [page 100] (522 words)
Rojha v Zinc Media Group Plc [2023] EAT 39

Strike-out [page 101] (1,473 words)
Davey v Harrods Ltd [2023] EAT 133

Conduct of hearing [page 104] (669 words)
Habib v Dave Whelan Sports Ltd [2023] EAT 113

Costs order [page 105] (523 words)
Edenbeck Ltd v Stevenson [2023] EAT 128

Reconsideration [page 106] (742 words)
Ebury Partners UK Ltd v Acton Davis [2023] EAT 40