Case Digests

 

Recent Cases

Discontinuing childcare vouchers during maternity leave was not discrimination

An employer did not discriminate when it made it a condition of entry into its childcare voucher scheme that the vouchers, which were provided through salary sacrifice, would be suspended during maternity leave. 
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Peninsula Business Services Ltd v Donaldson
 

No implied term that lay-off period should be reasonable

There is no implied term of reasonableness regarding the length of a period of lay off.
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Craig v Bob Lindfield & Son Ltd
 

Employer liable for employee’s violent assault on customer

The Supreme Court has held supermarket Morrisons liable for an assault on a customer by one of its employees.
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Mohamud v WM Morrison Supermarkets plc
 

Holiday pay and commission payments

The EAT has confirmed that the Working Time Regulations 1998 can be interpreted in a way which conforms to European law on holiday pay – in this instance as it relates to commission payments.
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British Gas Trading Ltd v Lock
 

Robust risk assessment is central to whether an employer has fulfilled its duty of care

The need for employers proactively to assess risks faced by their staff when at work, and to reduce those risks accordingly, have been emphasised by the Supreme Court. Here the employer of a home carer who fell and broke her wrist in icy conditions was found to have breached both its statutory duty and its common law duty of care.
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Kennedy v Cordia (Services) LLP
 

The scope of ‘day-to-day activities’

Warehouse work including manually lifting and moving items of up to 25kg is a ‘normal day-to-day activity’ holds the EAT in a reminder that just because activities are carried out at work doesn’t prevent them from being ‘day-to-day activities’ for the purposes of the statutory definition of disability.
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Banaszczyk v Booker Ltd
 


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