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Martinez Sala v Freistaat Bayern: ECJ 12 May 1998

ECJ A benefit such as the child-raising allowance, which is automatically granted to persons fulfilling certain objective criteria, without any individual and discretionary assessment of personal needs, and which is intended to meet family expenses, falls within the scope ratione materiae of Community law as a family benefit within the meaning of Article 4(1)(h) of … Continue reading Martinez Sala v Freistaat Bayern: ECJ 12 May 1998

Preston and Others v Wolverhampton Healthcare NHS and Others; Fletcher and Others v Midland Bank Plc: HL 26 Feb 1998

‘Employment’ in context of a sex discrimination claim referred to a current employment contract even in context of there having been a series of repeated contracts of employment. The question was referred to the European Court of Justice. Judges: Lord Slynn of Hadley, Lord Goff of Chieveley Lord Nolan Lord Hope of Craighead Lord Clyde … Continue reading Preston and Others v Wolverhampton Healthcare NHS and Others; Fletcher and Others v Midland Bank Plc: HL 26 Feb 1998

Partridge v Adjudication Officer Case: ECJ 2 Jul 1998

Attendance allowance payable in England was properly withdrawn after claimant left England to live in France permanently. Attendance allowance is in special category under the regulations. Citations: Times 02-Jul-1998, C-297/96, [1998] EUECJ C-297/96 Links: Bailii Statutes: Disability Living Allowance and Disability Working Allowance Act 1991, EC Treaty Art 177 Benefits, European Updated: 19 May 2022; … Continue reading Partridge v Adjudication Officer Case: ECJ 2 Jul 1998

Edwards and Another v Encirc Ltd (Working Time Regulations): EAT 23 Feb 2015

EAT Working Time Regulations – TRADE UNION RIGHTS – Action short of dismissal Working Time Regulations 1998 (‘WTR’) Regulation 2(1)(a) and (c) – ‘working time’ Trade Union and Labour Relations (Consolidation) Act 1992 section 146 – detriment The Employment Tribunal having dismissed the Claimants’ claims of breach of the WTR and of detriment, the following … Continue reading Edwards and Another v Encirc Ltd (Working Time Regulations): EAT 23 Feb 2015

Gale and Others v Mid and West Wales Fire Service (Working Time Regulations): EAT 10 Apr 2015

Working Time Regulations – VICTIMISATION DISCRIMINATION – Detriment Employment Rights Act 1996 section 45A(1)(a), (b) and (c): right not to be subjected to detriment on the grounds that a worker has (a) refused (or proposed to refuse) to comply with a requirement which the employer imposed (or proposed to impose) in contravention of the Working … Continue reading Gale and Others v Mid and West Wales Fire Service (Working Time Regulations): EAT 10 Apr 2015

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

British Gas Trading Ltd v Lock and Another (Working Time Regulations : Holiday Pay): EAT 22 Feb 2016

EAT WORKING TIME REGULATIONS – Holiday pay Mr Lock was at the material time employed by British Gas as a salesman. His remuneration package included a basic salary plus commission which was based on the number and type of contracts he persuaded customers to enter into; in other words it was results-based commission and did … Continue reading British Gas Trading Ltd v Lock and Another (Working Time Regulations : Holiday Pay): EAT 22 Feb 2016

Evans v Malley Organisation Ltd (t/a First Business Support): CA 27 Nov 2002

The claimant was employed, receiving a basic pay together with commission on sales. After termination of his employment he complained that he should have been paid holiday pay based upon the average total pay rather than the basic pay. Held: The right to holiday pay arose under the Regulations, but the pay was calculated under … Continue reading Evans v Malley Organisation Ltd (t/a First Business Support): CA 27 Nov 2002

Thomas v St Mungo Housing Association (Unfair Dismissal and Disability Discrimination): EAT 7 Sep 2021

During the course of case management of a claim for unfair dismissal and disability discrimination, the Employment Tribunal considered applications to amend the claim to pursue claims for (a) unpaid annual leave under the WTR 1998; (b) unlawful deduction from wages and (c) breach of contract. The Tribunal allowed the amendment in respect of the … Continue reading Thomas v St Mungo Housing Association (Unfair Dismissal and Disability Discrimination): EAT 7 Sep 2021

Commissioners of Inland Revenue v Ainsworth, Kilic, Stringer, Thwaites: EAT 4 Feb 2004

EAT Working Time Regulations – Holiday pay Judges: The Honourable Mr Justice Burton (P) Citations: [2004] UKEAT 0650 – 03 – 0402, UKEAT/650/03, UKEAT/745/03 UKEA Links: Bailii, EAT Statutes: Working Time Regulations 1998 Jurisdiction: England and Wales Cited by: Appeal from – Inland Revenue v Ainsworth and others CA 22-Apr-2005 The court considered the calculation … Continue reading Commissioners of Inland Revenue v Ainsworth, Kilic, Stringer, Thwaites: EAT 4 Feb 2004

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

Mitchell and others v Amersham and Wycombe College: EAT 31 Mar 2003

EAT Working Time Regulations – An appeal by Ms Mitchell, Ms Lynn and Mr Nagulendran, part-time lecturers employed by the Respondent College, against a decision of the London (Central) Employment Tribunal promulgated with extended reasons on 22 March 2002, dismissing their complaints of failure to pay holiday pay contrary to the Working Time Regulations 1998 … Continue reading Mitchell and others v Amersham and Wycombe College: EAT 31 Mar 2003

Gridquest Ltd T/A Select Employment, Piper Group Plc, XR Associates Ltd v K A Blackburn etc: CA 23 Jul 2002

The employer and employees disagreed about whether an element of holiday pay had been included in the rate of pay. Held: There had to be an explicit agreement between the parties before this could happen. It was not for one side unilaterally to impose its own understanding of the contract. The regulations referred to ‘contractual’ … Continue reading Gridquest Ltd T/A Select Employment, Piper Group Plc, XR Associates Ltd v K A Blackburn etc: CA 23 Jul 2002

Bowden and Others v Tuffnells Parcels Express Ltd: ECJ 4 Oct 2001

The provisions of the Directive, which excluded from regulation the employment of transport workers, applied to office workers as well as to actual drivers. The phrases used by the Directive in disapplying the Directive to certain employment sectors, made a distinction between those employed in certain industries, and, in other cases, those with certain jobs. … Continue reading Bowden and Others v Tuffnells Parcels Express Ltd: ECJ 4 Oct 2001

Regina v Secretary of State for Trade and Industry ex parte Broadcasting, Entertainment, Cinematographic and Theatre Union: ECJ 26 Jun 2001

The rule in United Kingdom law under which the entitlement to be paid annual leave arose only after an employee had been continuously employed for 13 weeks, did not satisfy European law. Members of the applicant trade union were typically employed on short term repeating contracts and did not receive paid annual holidays. The Directive … Continue reading Regina v Secretary of State for Trade and Industry ex parte Broadcasting, Entertainment, Cinematographic and Theatre Union: ECJ 26 Jun 2001

Barber and Others v RJB Mining Uk Ltd: QBD 8 Mar 1999

The working time provisions now impose contractual obligations on employers. An employee, working hours over the limit, was entitled to cease work until such time as he was brought back within the maximum working hours. There could be no obligation to opt out. Citations: Times 08-Mar-1999, Gazette 06-May-1999 Statutes: Working Time Regulations 1998 (1998 No … Continue reading Barber and Others v RJB Mining Uk Ltd: QBD 8 Mar 1999

Gambau, Jean-Yves Belladoui v Mark Catering Ltd: EAT 19 Nov 2001

The workers were catering staff. They claimed to be entitled to arrears of holiday pay under the Regulations. In addition to their normal hours they worked some evenings casually. They claimed entitlement to holiday pay for those hours. They appealed a dismissal of their claim. Held: The tribunal had not asked the question of whether … Continue reading Gambau, Jean-Yves Belladoui v Mark Catering Ltd: EAT 19 Nov 2001

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

Grange v Abellio London Ltd: EAT 8 Oct 2018

JURISDICTIONAL POINTS WORKING TIME REGULATIONS The Claimant presented a claim which alleged breach of Regulation 12 of the Working Time Regulations 1998 (‘WTR’), namely the failure to provide rest breaks. The claim was dismissed, but on appeal (HHJ Eady QC) was remitted. By written submissions before the Remitted Hearing the Respondent for the first time … Continue reading Grange v Abellio London Ltd: EAT 8 Oct 2018

Gridquest Ltd T/A Select Employment, Piper Group Plc, XR Associates Ltd v Blackburn etc: EAT 1 Nov 2000

The respondents appealed a finding that they were not due to make additional holiday pay under the regulations. The employer asserted that the hourly rate of pay included a rolled up element of holiday and sick pay. The employee asserted that the contract documentation made no mention of such an arrangement. The employers claimed that … Continue reading Gridquest Ltd T/A Select Employment, Piper Group Plc, XR Associates Ltd v Blackburn etc: EAT 1 Nov 2000

Voteforce Associates Ltd v K Quinn: EAT 30 Jul 2001

The applicant had worked as a waitress for the company, working as they requested, and also at her own option. She claimed the right to paid leave under the working time regulations. The tribunal found that she had been continuously employed for 13 weeks. The regulations required that the relationship be governed by a contract … Continue reading Voteforce Associates Ltd v K Quinn: EAT 30 Jul 2001

The Fire Brigades Union, Regina (on The Application of) v South Yorkshire Fire and Rescue Authority: Admn 25 May 2018

The claimant trade union contended that the defendant Fire and Rescue Authority had committed itself to an unlawful shift pattern at four fire stations in South Yorkshire; unlawful, says the FBU, because it cannot operate without the interested party breaching its obligations as the employer of firefighters under the Working Time Regulations 1998 Judges: Kerr … Continue reading The Fire Brigades Union, Regina (on The Application of) v South Yorkshire Fire and Rescue Authority: Admn 25 May 2018

Nursing and Midwifery Council v Somerville: CA 25 Feb 2022

Whether an individual appointed as a panel member and chair of a Fitness to Practise Committee of a professional regulatory body, and who undertook hearings, was a worker within the meaning of regulation 2(1) of the Working Time Regulations 1998 (‘the Regulations’). Judges: Lord Justice Moylan Lord Justice Lewis And Lady Justice Elisabeth Laing Citations: … Continue reading Nursing and Midwifery Council v Somerville: CA 25 Feb 2022

Gomes v Higher Level Care Ltd: CA 13 Mar 2018

‘This appeal raises a short but important question of law as to whether the Employment Tribunal has the power to make an award of compensation for injury to feelings where there has been a breach of the Working Time Regulations 1998’ Held: It did not. Judges: Kitchin, Sharp, Singh LJJ Citations: [2018] EWCA Civ 418 … Continue reading Gomes v Higher Level Care Ltd: CA 13 Mar 2018

Crawford v Network Rail Infrastructure Ltd: EAT 8 Nov 2017

EAT WORKING TIME REGULATIONS The Claimant/Appellant was a railway signalman working on single manned boxes on eight-hour shifts. He had no rostered breaks but was expected to take breaks when there were naturally occurring breaks in work whilst remaining ‘on call’. Although none of the individual breaks lasted 20 minutes, in aggregate they lasted substantially … Continue reading Crawford v Network Rail Infrastructure Ltd: EAT 8 Nov 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

Chet v Capita Translation and Interpreting Ltd: EAT 24 Jul 2015

EAT (Practice and Procedure : Appellate Jurisdiction/Reasons/Burns-Barke) JURISDICTIONAL POINTS – Worker, employee or neither The Claimant was an interpreter, who from 2007 provided services directly to Police and Courts. Then the authorities engaged interpreters through intermediaries – initially ALS, then Capita. The Claimant had no contract with the end-users of her services. She claimed holiday … Continue reading Chet v Capita Translation and Interpreting Ltd: EAT 24 Jul 2015

Gomes v Higher Level Care Ltd: EAT 18 May 2016

EAT Working Time Regulations – The Employment Judge did not err either in a domestic or a European law construction of Working Time Regulations 1998 Regulation 30(4) in holding that the Claimant was not entitled to recover compensation for injury to feelings for a breach by the employer of the requirement under Regulation 12(1) to … Continue reading Gomes v Higher Level Care Ltd: EAT 18 May 2016

Conroy v Scottish Football Association Ltd: EAT 12 Dec 2013

EAT Jurisdictional Points : Worker, Employee or Neither – WORKING TIME REGULATIONS – Worker CONTRACT OF EMPLOYMENT – Whether established Employment status. The Claimant lodged a claim of unfair dismissal, age discrimination and a claim for holiday pay. The Respondent denied that he was an employee, arguing that he was a self-employed independent contractor. The … Continue reading Conroy v Scottish Football Association Ltd: EAT 12 Dec 2013

Yorkshire Window Company Ltd v Parkes: EAT 27 May 2010

EAT PRACTICE AND PROCEDURE – Time for appealingWORKING TIME REGULATIONS – Worker1. Where an Employment Tribunal has given Judgment in 2 or more tranches, a copy of the written record of the Judgment of the Employment Tribunal which is subject to appeal and the written reasons for the Judgment, or an explanation as to why … Continue reading Yorkshire Window Company Ltd v Parkes: EAT 27 May 2010

Hughes v The Corps of Commissionaires Management Ltd: CA 8 Sep 2011

The employee security guard appealed against a finding that his employer had allowed rest breaks as allowed under the Regulations. He worked a continuous shift during which he was allowed to use a rest area, but he remained on call. Held: The appeal failed. The break given to the appellant would not satisfy the regulation … Continue reading Hughes v The Corps of Commissionaires Management Ltd: CA 8 Sep 2011

British Airways Plc v Williams and Others: SC 17 Oct 2012

The claimants, airline pilots, and the company disputed the application of the 1998 Regulations to their employment. They sought pay for their annual leave made up of three elements: a proportionate part of the fixed annual sum paid for their services, a supplementary payment which varied according to the time spent flying, and thirdly an … Continue reading British Airways Plc v Williams and Others: SC 17 Oct 2012

Associated British Ports v Bridgeman: EAT 4 Apr 2012

EAT Working Time Regulations 1998 – Regulation 21This is a test case which involves the hours that pilots can be expected to work on the River Humber. The Employment Tribunal found that Associated British Ports, the Appellant, could not comply with the provisions as to rest breaks in Regulation 12 and was therefore entitled to … Continue reading Associated British Ports v Bridgeman: EAT 4 Apr 2012

Bear Scotland Limited v Fulton, and similar: EAT 4 Nov 2014

EAT WORKING TIME REGULATIONS: HOLIDAY PAY – DAMAGES FOR BREACH OF CONTRACT – UNLAWFUL DEDUCTION FROM WAGES The EAT held that Article 7 of the Working Time Directive is to be interpreted such that payments for overtime which the employees in two appeals before it were required to work, though which their employer was not … Continue reading Bear Scotland Limited v Fulton, and similar: EAT 4 Nov 2014

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

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

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

Lyddon v Englefield Brickwork Ltd: EAT 23 Oct 2007

Working Time Regulations – Holiday pay The appellant claimed that rolled up holiday payments made by his employers could not be set off against his right to holiday pay conferred by the Working Time Regulations 1998. The Employment Tribunal held that this depended upon whether the payments were contractual and met the criteria of transparency … Continue reading Lyddon v Englefield Brickwork Ltd: EAT 23 Oct 2007

Archer-Hoblin Contractors Ltd v MacGettigan: EAT 3 Jul 2009

EAT WORKING TIME REGULATIONS: WorkerIn determining whether the Claimant was a worker within the meaning of the Working Time Regulations 1998, the Employment Judge erred in taking into account whether the Claimant actually performed work or services personally rather than determining the issue by reference to the terms of the substitution clause. The substitution clause … Continue reading Archer-Hoblin Contractors Ltd v MacGettigan: EAT 3 Jul 2009

Russell and Others v Transocean International Resources Ltd and Others: SC 7 Dec 2011

russell_transocean The appellants worked on various shifts for the defendants in off-shore oil-fields. They were given on-shore rest breaks, which the employers said should count toward their holiday entitlements. Held: The Court dismissed the employees’ appeal and refused a requested reference to the European Court. The rest break, daily rtests and weekley rest periods are … Continue reading Russell and Others v Transocean International Resources Ltd and Others: SC 7 Dec 2011

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

The United States of America v Nolan: SC 21 Oct 2015

Mrs Nolan had been employed at a US airbase. When it closed, and she was made redundant, she complained that the appellant had not consulted properly on the redundancies. The US denied that it had responsibility to consult, and now appealed. Held: The appeal failed (Lord Carnworth dissenting). That the exact situation might not have … Continue reading The United States of America v Nolan: SC 21 Oct 2015

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

Donachie v The Chief Constable of the Greater Manchester Police: CA 7 Apr 2004

The claimant had been asked to work under cover. The surveillance equipment he was asked to use was faulty, requiring him to put himself at risk repeatedly to maintain it resulting in a stress disorder and a stroke. Held: There was a direct line of causation between the known faults in the equipment, and the … Continue reading Donachie v The Chief Constable of the Greater Manchester Police: CA 7 Apr 2004

Carson and Reynolds v Secretary of State for Work and Pensions: CA 17 Jun 2003

The claimant Reynolds challenged the differential treatment by age of jobseeker’s allowance. Carson complained that as a foreign resident pensioner, her benefits had not been uprated. The questions in each case were whether the benefit affected a ‘possession’ within the Convention or the discrimination was arbitrary so as to breach the applicants human rights. Held: … Continue reading Carson and Reynolds v Secretary of State for Work and Pensions: CA 17 Jun 2003

D Bamsey and others v Albon Engineering Ltd: EAT 3 Mar 2003

EAT Working Time Regulations – holiday pay calculation Judges: His Hon Judge Ansell Citations: EAT/365/02, [2003] EAT 365 – 02 – 2703, [2003] UKEAT 365 – 02 – 2703, [2003] ICR 1224 Links: Bailii, Bailii, EAT Cited by: Appeal from – D Bamsey and others v Albon Engineering and Manufacturing Plc CA 25-Mar-2004 The applicants … Continue reading D Bamsey and others v Albon Engineering Ltd: EAT 3 Mar 2003

United Kingdom v Council of the European Union: ECJ 12 Nov 1996

A directive limiting the maximum work hours for all employees was validly made under art 118a as a Health and Safety measure. LMA Measures appear initially to have derived from policies of job creation and increased employment. John Major’s government saw the initiatives (together with other provisions as part of Social Chapter) as measures which … Continue reading United Kingdom v Council of the European Union: ECJ 12 Nov 1996

Preston and Others v Wolverhampton Healthcare NHS Trust and Others; Fletcher and Others v Midland Bank plc: ECJ 16 May 2000

ECJ Social policy – Men and women – Equal pay – Membership of an occupational pension scheme – Part-time workers – Exclusion – National procedural rules – Principle of effectiveness – Principle of equivalence. Citations: [2001] 2 AC 415, C-78/98, [2000] IRLR 06, [2000] EUECJ C-78/98 Links: Bailii Jurisdiction: European Citing: Reference From – Preston … Continue reading Preston and Others v Wolverhampton Healthcare NHS Trust and Others; Fletcher and Others v Midland Bank plc: ECJ 16 May 2000

Preston and others v Wolverhampton Healthcare Trust Secretary of State for Health: CA 13 Feb 1997

Citations: [1997] EWCA Civ 1013 Jurisdiction: England and Wales Citing: See Also – Fletcher and others and Preston and others v Midland Bank Plc and Wolverhampton Healthcare NHS Trust Secretary of State for Health and others EAT 24-Jun-1996 EAT Equal Pay Act – Addendum to principal judgment. Part timers’ claims for membership of pension schemes … Continue reading Preston and others v Wolverhampton Healthcare Trust Secretary of State for Health: CA 13 Feb 1997

Mercury Communications Ltd v Director General of Telecommunications and Another: HL 10 Feb 1995

The Secretary of State’s decision on the grant of a Telecommunications licence was challengeable by Summons and not by Judicial Review. A dispute between Mercury and BT as to charges as set by the Director General is a private not a public dispute. The purpose of the rule of procedural exclusivity was stated to be … Continue reading Mercury Communications Ltd v Director General of Telecommunications and Another: HL 10 Feb 1995

Lassman and Others v Secretary of State for Trade and Industry: CA 19 Apr 2000

The claimants worked for Rotaprint when it went into receivership in 1988, and then for the receiver before being transferred to Pan Graphics. Statutory redundany payments were made on the receivership of Rotaprint. The claimants sought further redundancy payment on the insolvency of Rotaprint. The Secretary now appealed the decision of the EAT that payments … Continue reading Lassman and Others v Secretary of State for Trade and Industry: CA 19 Apr 2000

In re P and Others, (Adoption: Unmarried couple) (Northern Ireland); In re G: HL 18 Jun 2008

The applicants complained that as an unmarried couple they had been excluded from consideration as adopters. Held: Northern Ireland legislation had not moved in the same way as it had for other jurisdictions within the UK. The greater commitment to traditional family structures did not however justify the difference. The rules were unlawful discrimination.Lord Hoffmann … Continue reading In re P and Others, (Adoption: Unmarried couple) (Northern Ireland); In re G: HL 18 Jun 2008

Zurich Insurance Plc UK Branch v International Energy Group Ltd: SC 20 May 2015

A claim had been made for mesothelioma following exposure to asbestos, but the claim arose in Guernsey. Acknowledging the acute difficultis particular to the evidence in such cases, the House of Lords, in Fairchild. had introduced the Special Rule at common law as to such evidence. In the UK, the 2006 Act had amended the … Continue reading Zurich Insurance Plc UK Branch v International Energy Group Ltd: SC 20 May 2015

Gaudiya Mission and others v Brahmachary: CA 30 Jul 1997

The High Court had found the plaintiff to be a charity, and ordered the Attorney-General to be joined in. The A-G appealed that order saying that the plaintiff was not a charity within the 1993 Act. The charity sought to spread the Vaishnava religion in London. Held: Charities Act jurisdiction is restricted to charities registered … Continue reading Gaudiya Mission and others v Brahmachary: CA 30 Jul 1997

Sidabras and Dziautas v Lithuania: ECHR 27 Jul 2004

Former KGB officers had been banned from employment in a range of public and private sector jobs, including as lawyers, notaries, bank employees and in the teaching profession. They complained of infringement of Article 8 taken alone and also in conjunction with Article 14. The Government submitted that Article 8 was not applicable as it … Continue reading Sidabras and Dziautas v Lithuania: ECHR 27 Jul 2004

Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2): HL 10 Jul 2003

The respondent appealed against a finding that the provision which made a loan agreement completely invalid for lack of compliance with the 1974 Act was itself invalid under the Human Rights Act since it deprived the respondent lender of its property rights. It was also argued that it was not possible to make a declaration … Continue reading Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2): HL 10 Jul 2003

Bilton v Fastnet Highlands LTd: OHCS 20 Nov 1997

It was for the defenders to say what steps they had been taken to comply with their obligations under the Regulations, not for an employee complainant to say what should happen. Citations: Times 20-Nov-1997, [1998] SLT 1323 Statutes: Control of Substances Hazardous to Health Regulations 1988 (SI 1988 No 1657) Jurisdiction: Scotland Cited by: Cited … Continue reading Bilton v Fastnet Highlands LTd: OHCS 20 Nov 1997

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

Calvert v William Hill Credit Ltd: ChD 12 Mar 2008

The claimant said that the defendant bookmakers had been negligent in allowing him to continue betting when they should have known that he was acting under an addiction. The defendant company had a policy for achieving responsible gambling, including procedures for self-exclusion. The claimant had of his own choice previously closed accounts at other bookmakers, … Continue reading Calvert v William Hill Credit Ltd: ChD 12 Mar 2008

Gorringe v Calderdale Metropolitan Borough Council: HL 1 Apr 2004

Statutory Duty Not Extended by Common Law The claimant sought damages after a road accident. The driver came over the crest of a hill and hit a bus. The road was not marked with any warning as to the need to slow down. Held: The claim failed. The duty could not be extended to include … Continue reading Gorringe v Calderdale Metropolitan Borough Council: HL 1 Apr 2004

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