Case Digests

 

Recent Cases

Dispute over contractual terms can satisfy ‘public interest’ test

An employee may be able to benefit from whistleblowing protection if his or her complaint relates to a contractual matter affecting a group of employees.
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Underwood v Wincanton plc
 

Companies can claim discrimination

Rejecting the contention that protection from discrimination under the Equality Act is limited to individuals, the EAT has held that a company can bring a claim of direct age discrimination.
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EAD Solicitors v Abrams
 

‘Organised grouping of employees’ can include employees temporarily laid off

A temporary lay off from work immediately before a transfer did not necessarily mean that the employees concerned were no longer an ‘organised grouping of employees’ and could not transfer under TUPE.
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Inex Home Improvements Ltd v Hodgkins
 

Carrying over holiday from previous years

A worker was not entitled to accrued holiday pay on termination for earlier years when he was not prevented from taking it and did not ask for leave.
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Shannon v Rampersad
 

Victimisation by association

The victimisation provisions in the Equality Act 2010 could extend to claims of discrimination by association.
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Thompson v London Central Bus Company Ltd
 

Travelling time between home and customers for workers with no fixed workplace counts as ‘working time’

Where workers do not have a fixed or habitual place of work, the time spent by them travelling each day between their homes and the premises of the first and last customers designated by their employer constitutes ‘working time’.
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Federación de Servicios Privados del sindicato Comisiones Obreras v Tyco Integrated Security
 


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