Case Digests

 

Recent Cases

Overlapping disciplinary and grievance

An employer doesn’t automatically have to suspend an on-going disciplinary hearing just because the employee has raised a grievance.
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Jinadu v Dockland Buses Ltd
 

Time spent carrying out union activities may be was ‘working time’

The time that two employees spent on trade union business in the workplace could be‘working time’ within the meaning of the Working Time Regulations 1998. Although their employer delayed the start of their shifts to reflect the time spent in the meetings this was not enough to ensure that they benefited from an uninterrupted 11-hour rest period.
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Edwards v Encirc Ltd
 

Collective redundancy consultation – ‘as you were’

The European Court of Justice has endorsed the orthodox and generally understood position as regards an employer’s consultation duties were mass redundancies are involved. This effectively reverses a controversial EAT decision which required consultation where when 20 or more employees were to be dismissed as redundant - irrespective of where they worked.
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USDAW v WW Realisation 1 Ltd and Ethel Austin Ltd
 

Bad faith warnings and dismissal

A disciplinary warning issued in bad faith should not to be taken into account when deciding whether there is, or was, sufficient reason for dismissing an employee.

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Way v Spectrum Property Care Ltd
 

Inadequacy of health and safety training led to liability for personal injury

An employer’s over-reliance on inadequate e-learning training and its failure to follow up contributed directly to a subsequent serious injury for which the employer was liable.
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Milroy v BT plc
 

Whistleblowing ‘in the public interest’

The test of whether a whistleblowing disclosure is ‘in the public interest’ is one of belief not of fact - in that a disclosure need not actually be in the public interest as long as the whistleblower reasonably believes it is.
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Chesterton Global Ltd v Nurmohamed
 


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