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National Minimum Wage Compliance Officer of the Inland Revenue v Hewitson and Another (T/A Executive Coach Catering Services): EAT 17 Sep 2001

The respondents supplied stewards and stewardesses to coach companies. The staff were, by agreement with the Inland Revenue self-employed. The wages were alleged to be low, and the issue arose as to whether they were workers within the Act. Certain parts of their duties were as employees. The respondents contended that the arrangements as a … Continue reading National Minimum Wage Compliance Officer of the Inland Revenue v Hewitson and Another (T/A Executive Coach Catering Services): EAT 17 Sep 2001

British Nursing Association v Inland Revenue (National Minimum Wage Compliance Team): CA 2002

The employers provided ‘bank nurses’ for nursing homes and other institutions on an emergency basis, including a 24 hour telephone booking service. At night employees were based at home. The ‘duty nurse’ would answered a diverted phone call and then respond. The employee was paid an amount per shift. The Minimum Wage Compliance Team thought … Continue reading British Nursing Association v Inland Revenue (National Minimum Wage Compliance Team): CA 2002

Percy v Church of Scotland Board of National Mission: HL 15 Dec 2005

The claimant appealed after her claim for sex discrimination had failed. She had been dismissed from her position an associate minister of the church. The court had found that it had no jurisdiction, saying that her appointment was not an employment. However the jurisdiction in sex discrimination cases was wider, extending to those who ‘contract … Continue reading Percy v Church of Scotland Board of National Mission: HL 15 Dec 2005

Black-Clawson International Ltd v Papierwerke Waldhof Aschaffenburg AG: HL 5 Mar 1975

Statute’s Mischief May be Inspected The House considered limitations upon them in reading statements made in the Houses of Parliament when construing a statute. Held: It is rare that a statute can be properly interpreted without knowing the legislative object. The courts may look outside a statute in order to identify the ‘mischief’ Parliament was … Continue reading Black-Clawson International Ltd v Papierwerke Waldhof Aschaffenburg AG: HL 5 Mar 1975

Revenue and Customs v Lorne Stewart Plc (National Minimum Wage): EAT 13 Nov 2014

EAT National Minimum Wage – Lorne Stewart paid for employees to attend courses on condition they signed an agreement to repay all or part of the cost of the course if they left within two years and providing for the money to be deducted from their final salary payment. The deduction of that money led … Continue reading Revenue and Customs v Lorne Stewart Plc (National Minimum Wage): EAT 13 Nov 2014

Acts

1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts

C and D DH Ltd (T/A Elite Homecarers) v Revenue and Customs: EAT 12 Feb 2013

EAT National Minimum Wage : The Appellant appealed to the Employment Tribunal against a Notice of Underpayment served by the Respondent under section 19 of the National Minimum Wage Act 1998. The ET dismissed the appeal. It found that the Appellant paid travel expenses which required to be deducted from the total payment from employer … Continue reading C and D DH Ltd (T/A Elite Homecarers) v Revenue and Customs: EAT 12 Feb 2013

Royal Mencap Society v Tomlinson-Blake: CA 13 Jul 2018

What hours does a sleep in care worker have to be paid for. Held: Sleepers-in are to be characterised for the purpose of the Regulations as available for work, within the meaning of regulation 15 (1)/32, rather than actually working, within the meaning of regulation 3/30, and so fall within the terms of the sleep-in … Continue reading Royal Mencap Society v Tomlinson-Blake: CA 13 Jul 2018

The President of The Methodist Conference v Preston: CA 20 Dec 2011

The claimant had been an ordained minister in the church. She sought to claim unfair dismissal. The Conference replied that she was not an employee entitled to make such a claim. Held: The claimant was an employee. Judges: Maurice Kay VP, Longmore LJJ, Sir David Keene Citations: [2011] EWCA Civ 1581, [2012] 2 WLR 1119, … Continue reading The President of The Methodist Conference v Preston: CA 20 Dec 2011

Julio v Jose: EAT 8 Dec 2011

EAT NATIONAL MINIMUM WAGE ACT 1998National Minimum Wage Regulations 1999, Reg. 2(2)Unauthorised deductions from wagesAll three Claimants were foreign domestic workers employed in the Respondents’ households. The EAT held that the work done by each of the three Claimants for their respective employers was work to which regulation 2(2) of the National Minimum Wage Regulations … Continue reading Julio v Jose: EAT 8 Dec 2011

Jose v Julio: EAT 8 Dec 2011

EAT NATIONAL MINIMUM WAGE ACT 1998National Minimum Wage Regulations 1999, Reg. 2(2)Unauthorised deductions from wagesAll three Claimants were foreign domestic workers employed in the Respondents’ households. The EAT held that the work done by each of the three Claimants for their respective employers was work to which regulation 2(2) of the National Minimum Wage Regulations … Continue reading Jose v Julio: EAT 8 Dec 2011

Chamsi-Pasha and Another v Udin and Another: EAT 8 Dec 2011

EAT NATIONAL MINIMUM WAGE ACT 1998 National Minimum Wage Regulations 1999, Reg. 2(2) Unauthorised deductions from wages All three Claimants were foreign domestic workers employed in the Respondents’ households. The EAT held that the work done by each of the three Claimants for their respective employers was work to which regulation 2(2) of the National … Continue reading Chamsi-Pasha and Another v Udin and Another: EAT 8 Dec 2011

Udin v Chamsi-Pasha and Others: EAT 8 Dec 2011

EAT NATIONAL MINIMUM WAGE ACT 1998 National Minimum Wage Regulations 1999, Reg. 2(2)Unauthorised deductions from wages All three Claimants were foreign domestic workers employed in the Respondents’ households. The EAT held that the work done by each of the three Claimants for their respective employers was work to which regulation 2(2) of the National Minimum … Continue reading Udin v Chamsi-Pasha and Others: EAT 8 Dec 2011

Laird v A K Stoddart Ltd: EAT 18 Jan 2001

Appeal at the instance of the employee applicant in respect of a finding by the Employment Tribunal confirmed on review that in the relevant circumstances the respondent employer was not in breach of section 1(1) of the National Minimum Wage Act 1998 nor had they made any unlawful deductions from the applicant’s wages in contravention … Continue reading Laird v A K Stoddart Ltd: EAT 18 Jan 2001

Uber Bv and Others v Aslam and Others: CA 19 Dec 2018

Uber drivers are workers The claimant Uber drivers sought the status of workers, allowing them to claim the associated statutory employment benefits. The company now appealed from a finding that they were workers. Held: The appeal failed (Underhill LJ dissenting) The drivers accepted the control of tee Uber app: ‘Even if drivers are not obliged … Continue reading Uber Bv and Others v Aslam and Others: CA 19 Dec 2018

The New Testament Church of God v Reverend Stewart: CA 19 Oct 2007

The appellant appealed a finding that the respondent had been its employee, saying he was a minister of religion. Held: The judge had been entitled to find an intention to create legal relations, and therefore that the claimant was an employee. ‘The religious beliefs of a community may be such that their manifestation does not … Continue reading The New Testament Church of God v Reverend Stewart: CA 19 Oct 2007

Mears Homecare Ltd v Bradburn and Others: EAT 2 May 2019

TRANSFER OF UNDERTAKINGS – Transfer This issue in the appeal was whether, following a relevant transfer within the meaning of the Transfer of Undertakings (Protection of Employment) Regulations2006 (‘TUPE’), the transferor continues to be bound by the duty, pursuant to s.9 of the National Minimum Wage Act 1998 (‘NMWA’), to maintain wage records in respect … Continue reading Mears Homecare Ltd v Bradburn and Others: EAT 2 May 2019

Leisure Employment Services Ltd v Revenue and Customs: CA 16 Feb 2007

The company appealed a finding that it had been paying workers at less than the minimum hourly rate. Its workers resided at their places of work, and deductions were made toward the cost of providing accomodation etc. The company claimed that the charge for heating fell within its provision of accomodation. Held: It was a … Continue reading Leisure Employment Services Ltd v Revenue and Customs: CA 16 Feb 2007

Arora v Rockwell Automation Ltd: EAT 21 Apr 2006

EAT 10BUnlawful Deduction from Wages – out of timeThe alleged ‘deduction’ from wages was in fact an alleged underpayment some time after the termination of the contract of employment. In finding that time for claiming in respect of such deduction ran from the date of termination, the Tribunal fell into error. Time would normally begin … Continue reading Arora v Rockwell Automation Ltd: EAT 21 Apr 2006

Group 4 Nightspeed Ltd v Gilbert: EAT 26 Sep 1996

Repeated payments of the same type under the same contract, in this case commission, were, on the ordinary meaning of the word, part of a ‘series’ of payments. Citations: [1997] IRLR 398, [1996] UKEAT 521 – 96 – 2609 Links: Bailii Cited by: Cited – Nambalat v Taher and Another EAT 8-Dec-2011 nambalatEAT2011 EAT National … Continue reading Group 4 Nightspeed Ltd v Gilbert: EAT 26 Sep 1996

Sajid v Sussex Muslim Society: CA 2 Oct 2001

The defendant appealed against the strike out of parts of its defence. The claimant was employed as the mosque director and imam. He had brought an action in the Industrial Tribunal alleging wrongful dismissal, but notifying the defendants that any excess above what the tribunal could order would be sought in the current action. That … Continue reading Sajid v Sussex Muslim Society: CA 2 Oct 2001

Edmonds v Lawson: QBD 13 Oct 1999

A pupil barrister was engaged in a form of apprenticeship, which had sufficient characteristics of employment to make the pupil a worker within the Act, and so entitled to payment of the minimum wage. The contract was either of employment or for personal services and so was covered. Citations: Times 11-Oct-1999, Gazette 13-Oct-1999 Statutes: National … Continue reading Edmonds v Lawson: QBD 13 Oct 1999

President of the Methodist Conference v Parfitt: CA 1 Oct 1983

The claimant sought to assert that he as a minister of the Methodist Church who had been received into full connection had a contract of employment with the church. Having that contract, he said hat he had been unfairly dismissed. Held: A binding contract of service might be made between a minister and his church, … Continue reading President of the Methodist Conference v Parfitt: CA 1 Oct 1983

Ajayi v Abu and Another (Labour Exploitation : Human Trafficking : Modern Slavery): QBD 31 Jul 2017

labour exploitation – human trafficking – modern slavery – domestic servitude – minimum wage – domestic worker – employee rights -Immigration and Nationality Directorate – terms and conditions – wage deductions – special hearing arrangements – civil procedure – National Minimum Wage Act 1998 – family worker exemption – UK Visa – ECHR Art. 6 … Continue reading Ajayi v Abu and Another (Labour Exploitation : Human Trafficking : Modern Slavery): QBD 31 Jul 2017

Uber Bv and Others v Aslam and Others: SC 19 Feb 2021

Smartphone App Contractors did so as Workers The court was asked whether the employment tribunal was entitled to find that drivers whose work was arranged through Uber’s smartphone application work for Uber under workers’ contracts and so qualify for the national minimum wage, paid annual leave and other workers’ rights; or whether, as Uber contended, … Continue reading Uber Bv and Others v Aslam and Others: SC 19 Feb 2021

Edmonds v Lawson, Pardoe, and Del Fabbro: CA 10 Mar 2000

A contract of apprenticeship is synallagmatic. The master undertakes to educate and train the apprentice (or pupil) in the practical and other skills needed to practise a skilled trade (or learned profession) and the apprentice (or pupil) binds himself to serve and work for the master and comply with all reasonable directions. In the case … Continue reading Edmonds v Lawson, Pardoe, and Del Fabbro: CA 10 Mar 2000

Revenue and Customs v Jones and Others (T/A Holmescales Riding Centre): EAT 16 Sep 2014

EAT Contract of Employment : Apprenticeship – Whether established – Appeal on the issue of whether workers at a livery stable were employed under contracts of work on apprenticeships for the purposes of the National Minimum Wage Act 1998 and the National Minimum Wage Regulations 1999. The Employment Judge was in error in finding on … Continue reading Revenue and Customs v Jones and Others (T/A Holmescales Riding Centre): EAT 16 Sep 2014

Uber Bv v Aslam and Others (Jurisdictional Points – Worker, Employee or Neither : Working Time Regulations): EAT 10 Nov 2017

Uber drivers are workers JURISDICTIONAL POINTS – Worker, employee or neither WORKING TIME REGULATIONS – Worker ‘Worker status’ – section 230(3)(b) Employment Rights Act 1996 (‘ERA’), regulation 36(1) Working Time Regulations 1998 (‘WTR’) and section 54(3) National Minimum Wage Act 1998 (‘NMWA’). ‘Working time’ – regulation 2(1) WTR The Claimants were current or former Uber … Continue reading Uber Bv v Aslam and Others (Jurisdictional Points – Worker, Employee or Neither : Working Time Regulations): EAT 10 Nov 2017

Kokkinakis v Greece: ECHR 25 May 1993

The defendant was convicted for proselytism contrary to Greek law. He claimed a breach of Article 9. Held: To say that Jehovah’s Witness were proselytising criminally was excessive. Punishment for proselytising was unlawful in the circumstances of this case: ‘Bearing witness in words and deeds is bound up with the existence of religious convictions’ and … Continue reading Kokkinakis v Greece: ECHR 25 May 1993

Annabel’s (Berkeley Square) Ltd and Others v Revenue and Customs: CA 7 May 2009

The court considered whether tips paid at a restaurant by means of a credit card or cheque thus becoming the employer’s money could properly count toward the minimum wage when paid on to the employee. The revenue contended that the money received and held by the troncmaster independently and not on behalf of the employer … Continue reading Annabel’s (Berkeley Square) Ltd and Others v Revenue and Customs: CA 7 May 2009

Singh v The Members of The Management Committe of The Bristol Sikh Temple and Others: EAT 14 Feb 2012

EAT WORKING TIME REGULATIONS – WorkerNATIONAL MINIMUM WAGE ACT – WorkerThe issue was whether the Priest at a Sikh Temple was a ‘worker’ within section 54(3)(b) of the National Minimum Wage Act 1998. The appeal against the decision that he was not was allowed. It was held that the Tribunal erred in relation to the … Continue reading Singh v The Members of The Management Committe of The Bristol Sikh Temple and Others: EAT 14 Feb 2012

Autoclenz Ltd v Belcher and Others: SC 27 Jul 2011

Car Cleaning nil-hours Contractors were Workers The company contracted with the claimants to work cleaning cars. The company appealed against a finding that contrary to the explicit provisions of the contracts, they were workers within the Regulations and entitled to holiday pay and associated benefits. The contracts were ‘nil hours’ contracts neither requiring nor entitling … Continue reading Autoclenz Ltd v Belcher and Others: SC 27 Jul 2011

Nambalat v Taher and Another: EAT 8 Dec 2011

nambalatEAT2011 EAT National Minimum Wage Act 1998National Minimum Wage Regulations 1999, Reg. 2(2)Unauthorised deductions from wagesAll three Claimants were foreign domestic workers employed in the Respondents’ households. The EAT held that the work done by each of the three Claimants for their respective employers was work to which regulation 2(2) of the National Minimum Wage … Continue reading Nambalat v Taher and Another: EAT 8 Dec 2011

Young v The Bristol Aeroplane Co Ltd: CA 28 Jul 1944

Court of Appeal must follow Own Decisions The claimant was injured and received compensation. He then sought to recover again, alleging breach of statutory duty by his employers. Held: The Court of Appeal was in general bound to follow its own previous decisions. The court considered the circumstances in which it could depart from a … Continue reading Young v The Bristol Aeroplane Co Ltd: CA 28 Jul 1944

Thomas and Another v Taylors of St James Ltd: EAT 2 Jul 2013

EAT NATIONAL MINIMUM WAGEJudgment on liability was entered without hearing evidence in default for both alternative ways in which the Claimants advanced their claim for wages: at the National Minimum Wage rate alternatively at a higher rate claimed under an alleged contract. A different Employment Judge conducting a hearing on remedy concluded on the evidence … Continue reading Thomas and Another v Taylors of St James Ltd: EAT 2 Jul 2013

Meek v City of Birmingham District Council: CA 18 Feb 1987

Employment Tribunals to Provide Sufficient Reasons Tribunals, when giving their decisions, are required to do no more than to make clear their findings of fact and to answer any question of law raised. Bingham LJ said: ‘It has on a number of occasions been made plain that the decision of an Industrial Tribunal is not … Continue reading Meek v City of Birmingham District Council: CA 18 Feb 1987

Dunlop Pneumatic Tyre Company Ltd v New Garage and Motor Company Ltd: HL 1 Jul 1914

The appellants contracted through an agent to supply tyres. The respondents contracted not to do certain things, and in case of breach concluded: ‘We agree to pay to the Dunlop Pneumatic Tyre Company, Ltd. the sum of 5 l. for each and every tyre, cover or tube sold or offered in breach of this agreement, … Continue reading Dunlop Pneumatic Tyre Company Ltd v New Garage and Motor Company Ltd: HL 1 Jul 1914

Wray v JW Lees and Co (Brewers) Ltd: EAT 14 Jul 2011

EAT NATIONAL MINIMUM WAGE Temporary pub manager required to sleep on premises – Claim that hours in question should be taken into account in assessing whether she had been paid the national minimum wage – Tribunal, approaching the issue by reference to the definition of ‘working time’ in Working Time Regulations 1998, held that they … Continue reading Wray v JW Lees and Co (Brewers) Ltd: EAT 14 Jul 2011

Greenfield, Regina (on the Application of) v Secretary of State for the Home Department: HL 16 Feb 2005

The appellant had been charged with and disciplined for a prison offence. He was refused legal assistance at his hearing, and it was accepted that the proceedings involved the determination of a criminal charge within the meaning of article 6 of the Convention, that the deputy controller was not an independent tribunal and that the … Continue reading Greenfield, Regina (on the Application of) v Secretary of State for the Home Department: HL 16 Feb 2005

Holland v Lampen-Wolfe: HL 20 Jul 2000

The US established a base at Menwith Hill in Yorkshire, and provided educational services through its staff to staff families. The claimant a teacher employed at the base alleged that a report on her was defamatory. The defendant relied on state immunity. Held: A claim in libel was defeated by a claim of sovereign immunity. … Continue reading Holland v Lampen-Wolfe: HL 20 Jul 2000

Bebb Travel plc v Inland Revenue of England and Wales: CA 16 Apr 2003

The revenue issued a notice requiring the respondent to make good low wages paid to their employees. The EAT had held that such a notice could only apply to current employees. The Revenue appealed. Held: Appeal dismissed. The first part of the regulation stated the preconditions for service of a notice, and talked of workers … Continue reading Bebb Travel plc v Inland Revenue of England and Wales: CA 16 Apr 2003

Mingeley v Pennock and Another (T/A Amber Cars): CA 9 Feb 2004

The claimant taxi driver sought to assert race discrimination. The respondent argued that he had not been an employee, but an independent contractor. The Claimant owned his own vehicle and paid the respondents minicab operators pounds 75 per week for a radio and access to their company system, which allocated calls from customers to a … Continue reading Mingeley v Pennock and Another (T/A Amber Cars): CA 9 Feb 2004

Clark v Oxfordshire Health Authority: CA 18 Dec 1997

A nurse was employed under a contract, under which there was no mutuality of obligation; she could refuse work and employer need offer none. This meant that there was no employment capable of allowing an unfair dismissal issue to arise.Sir Christopher Slade summarised as follows: ‘Principles governing appeals from an industrial tribunal At first impression … Continue reading Clark v Oxfordshire Health Authority: CA 18 Dec 1997

Yuen v The Royal Hong Kong Golf Club: PC 28 Jul 1997

(Hong Kong) The applicant was dismissed as a golf caddie after nine years. The Club denied that he had ever been an employee. He was issued by the club with a number, a uniform and a locker. Caddying work was allocated to available caddies in strict rotation. They were not obliged to make themselves available … Continue reading Yuen v The Royal Hong Kong Golf Club: PC 28 Jul 1997

Pimlico Plumbers Ltd and Another v Smith: SC 13 Jun 2018

The parties disputed whether Mr Smith had been an employee of or worker with the company so as to bring associated rights into play. The contract required the worker to provide an alternate worker to cover if necessary. Held: The company’s appeal failed. Mr Smith was a worker: ‘there were features of the contract which … Continue reading Pimlico Plumbers Ltd and Another v Smith: SC 13 Jun 2018

Nuclear Decommissioning Authority v Energysolutions EU Ltd (Now Called ATK Energy EU Ltd): SC 11 Apr 2017

This is an appeal on preliminary points of European Union and domestic law regarding the circumstances in which damages may be recoverable for failure to comply with the requirements of the Public Procurement Directive (Parliament and Council Directive 2004/18/EC on the coordination of procedures for the award of public works contracts, public supply contracts and … Continue reading Nuclear Decommissioning Authority v Energysolutions EU Ltd (Now Called ATK Energy EU Ltd): SC 11 Apr 2017

Basfar v Wong (Diplomatic Immunity): EAT 31 Jan 2020

DIPLOMATIC IMMUNITY The Claimant was employed by the Respondent diplomat to work as a domestic servant at his diplomatic residence in the UK, having previously been employed by him in his diplomatic household in Saudi Arabia. By her ET1 form she contended that she was a victim of international trafficking by the Respondent and had … Continue reading Basfar v Wong (Diplomatic Immunity): EAT 31 Jan 2020

MacCartney v Oversley House Management: EAT 31 Jan 2006

EAT The Tribunal erred in law in holding that the Appellant had received the rest breaks to which she was entitled under reg 12 of the Working Time Regulations 1998. Gallagher v Alpha Catering Services Ltd [2005] IRLR 102 applied.The Tribunal erred in law in holding that the Appellant was not working for the purpose … Continue reading MacCartney v Oversley House Management: EAT 31 Jan 2006

Gallagher and others v Alpha Catering Services Ltd: CA 8 Nov 2004

The Claimants were employed to deliver food to aircraft at airports, loading and unloading food from the aircraft. Between loadings, they were on down time – not physically working, but required to remain in radio contact with their employers, and at their disposal. The employers argued that since the employees would get 20 minutes’ rest … Continue reading Gallagher and others v Alpha Catering Services Ltd: CA 8 Nov 2004

Associated Provincial Picture Houses Ltd v Wednesbury Corporation: CA 10 Nov 1947

Administrative Discretion to be Used Reasonably The applicant challenged the manner of decision making as to the conditions which had been attached to its licence to open the cinema on Sundays. It had not been allowed to admit children under 15 years of age. The statute provided no appeal procedure, and the applicant sought a … Continue reading Associated Provincial Picture Houses Ltd v Wednesbury Corporation: CA 10 Nov 1947

Jones v Ministry of Interior for the Kingdom of Saudi Arabia and others: HL 14 Jun 2006

The claimants said that they had been tortured by Saudi police when arrested on false charges. They sought damages, and appealed against an order denying jurisdiction over the defendants. They said that the allegation of torture allowed an exception to state immunity. Held: The Kingdom’s appeal succeeded. The protection of state immunity was essentially a … Continue reading Jones v Ministry of Interior for the Kingdom of Saudi Arabia and others: HL 14 Jun 2006

Sindicato de Medicos de Asistancia Publica (SIMAP) v Colsilieria de Sanidad y Consumo de la Generalidad Valenciana: ECJ 3 Oct 2000

Doctors working in primary health care teams are subject to the Working Time Directive. They are not to be assimilated as public service workers alongside emergency services. All time on call was working time and overtime if present at a health centre, but if merely contactable then the rules applied to the time actually spent. … Continue reading Sindicato de Medicos de Asistancia Publica (SIMAP) v Colsilieria de Sanidad y Consumo de la Generalidad Valenciana: ECJ 3 Oct 2000

Bebb Travel plc v Inland Revenue of England and Wales: EAT 16 Aug 2002

The respondent issued a notice requiring the applicant to comply with the Act. They appealed an order which refused to provide for payments to former workers. Held: A notice under the Act must relate to present and future workers. For such workers it was possible to make orders for previous periods, but it was not … Continue reading Bebb Travel plc v Inland Revenue of England and Wales: EAT 16 Aug 2002

British Airways Plc v Williams and Others: CA 3 Apr 2009

The company appealed against an adverse finding on its holiday pay payments to its pilots, saying that the pay was subject to the 2004 Regulations alone. The Directive suggested that holiday pay should be at normal average rates of pay, but the actual pay excluded bonus rates. The company said that the special regulations applicable … Continue reading British Airways Plc v Williams and Others: CA 3 Apr 2009

Jivraj v Hashwani: SC 27 Jul 2011

The parties had a joint venture agreement which provided that any dispute was to be referred to an arbitrator from the Ismaili community. The claimant said that this method of appointment became void as a discriminatory provision under the 2003 Regulations. The High Court found the appointment to be outwith the provisions, but this was … Continue reading Jivraj v Hashwani: SC 27 Jul 2011

Birmingham City Council v Abdulla and Others: SC 24 Oct 2012

Former employees wished to argue that they had been discriminated against whilst employed by the Council. Being out of time for Employment Tribunal Proceedings, they sought to bring their cases in the ordinary courts. The Council now appealed against the refusal to strike out the claims on the basis that they could more conveniently have … Continue reading Birmingham City Council v Abdulla and Others: SC 24 Oct 2012

Landeshauptstadt Kiel v Norbert Jaeger: ECJ 9 Sep 2003

Concepts of working time and rest period – On Call ECJ Reference for a preliminary ruling: Landesarbeitsgericht Schleswig-Holstein – Germany. Social policy – Protection of the safety and health of workers – Directive 93/104/EC – Concepts of working time and rest period – On-call service (Bereitschaftsdienst) provided by doctors in hospitals. Social policy – Protection … Continue reading Landeshauptstadt Kiel v Norbert Jaeger: ECJ 9 Sep 2003

Autoclenz Ltd v Belcher and Others: CA 13 Oct 2009

Car Valeters contracts misdescribed their Duties The claimants worked cleaning cars for the appellants. They said that as workers they were entitled to holiday pay. The appellant said they were self-employed. Held: The contract purported to give rights which were not genuine, and the employment judge was entitled to reach that conclusion. The contractors were … Continue reading Autoclenz Ltd v Belcher and Others: CA 13 Oct 2009

Revenue and Customs v Secret Hotels2 Ltd: SC 5 Mar 2014

The Court was asked as to: ‘the liability for Value Added Tax of a company which markets and arranges holiday accommodation through an on-line website. The outcome turns on the appropriate characterisation of the relationship between the company, the operators of the hotels, and the holiday-makers or their travel agents (which is an English law … Continue reading Revenue and Customs v Secret Hotels2 Ltd: SC 5 Mar 2014

Deer v University of Oxford: CA 6 Feb 2015

The claimant had previously succeeded in a claim of sex discrimination against the University, her former employer. She now appealed against rejection of her claims alleging later victimisation. Held: Two appeals succeed, and those matters remitted to the tribunal for reconsideration: ‘I do not see why not: if the appellant were able to establish that … Continue reading Deer v University of Oxford: CA 6 Feb 2015

Esparon (T/A Middle West Residential Care Home) v Slavikovska: EAT 8 May 2014

esparon_slvikovskaEAT201405 EAT National Minimum Wage : The Claimant was employed as a care worker at the Respondent’s residential care home. She was required to work a number of ‘sleep-in’ night shifts and be available for emergency purposes. There were statutory provisions that required the Respondent, for example to ensure that at all times suitably qualified, … Continue reading Esparon (T/A Middle West Residential Care Home) v Slavikovska: EAT 8 May 2014

Clyde and Co Llp and Another v Bates van Winkelhof: CA 26 Sep 2012

The claimant was a solicitor partner with the appellant limited liability partnership at their offices in Tanzania. She disclosed what she believed to be money laundering by a local partner. She was dismissed. She had just disclosed her pregnancy and claimed also in sex discrimination. The company appealed findings as to jurisdiction saying that she … Continue reading Clyde and Co Llp and Another v Bates van Winkelhof: CA 26 Sep 2012