Employment Law Cases

Regulation 13 of the Agency Workers Regulations 2010 gives agency workers a right to be informed of vacancies in the same terms as permanent workers: it does not give them a right to apply.

An employee could not make a claim for an unlawful deduction/underpayment of wages where he took up a more senior position but did not receive a contractual salary increase.

A worker who took unpaid holiday because his employer refused to pay for it accumulated the right to paid annual leave for which he was entitled to compensation on termination.

An employer’s derogatory and inappropriate remarks about a female employee’s age, in particular that she might be menopausal or be experiencing stereotypical menopausal symptoms, amounted to harassment on the grounds of sex and age.

Owner-driver franchisees who carried out delivery and collection services for DPD were neither employees nor workers.

An employer was neither directly or vicariously liable for injuries inflicted on one of its contractors by one of its employees playing a practical joke.

An employee’s dismissal for using a grievance process in a frivolous and vexatious manner was fair.

An employee had not been automatically unfairly dismissed because of her employer’s refusal to allow her to work from home during the pandemic. Her belief that there were circumstances of serious and imminent danger was not objectively reasonable given that her employer had assessed the risks and addressed the need for increased levels of hygiene and social distancing.

An employee’s dismissal for redundancy was unfair, in part because the employer hadn’t considered continuing her employment on furlough. If a genuine consultation had taken place which considered furlough and the available project work, she may not have been made redundant.

An employee had not agreed to an extension to the normal three-month time frame for deciding flexible working requests when he agreed to attend an appeal outside that three-month period.

Payments made by a driver to rent his vehicle and uniform should have been taken into account when working out whether he had been paid the National Minimum Wage (NMW).

An employer who directly offered its employees a package of revised terms and conditions - going over the head of the recognised trade union – unlawfully induced them to cease collective bargaining.

An employee who cared for her disabled mother was indirectly discriminated against on the grounds of disability, despite not having a disability herself.

The dismissal of an employee was fair because he’d acted in ‘wilful disregard’ of an anti-corruption policy, even though he’d not deliberately intended to breach the policy and had no corrupt intent.

A delivery courier was a ‘worker’ despite his agreement containing what purported to be a substitution clause.

Compulsory liquidation is not a ‘special circumstance’ allowing an employer to escape liability for a failure collectively to consult before making redundancies.

An employee can bring a claim for automatic unfair dismissal if they are instructed to infringe their statutory rights, even if the infringement has not actually occurred.

A tribunal did not need to ‘look behind’ a final written warning to consider its fairness.

An email between an employer and its HR consultant was protected by litigation privilege despite indicating a pre-determined decision to dismiss.

Where a dismissal is because of an irretrievable breakdown in the employer/employee relationship, the failure to offer/carry out an appeal post-dismissal will not always render a dismissal unfair.