Our cases database provides unmatched coverage of precedent-setting cases from the Employment Appeal Tribunal and appellate courts. It also provides reports of selected tribunal cases, including discrimination cases where compensation was awarded. Browse the reports by topic, case title or key word search. View the latest law reports or check the stop press for up-to-the-minute news on key cases.

Latest case reports

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Work equipment in court cases
Source: Health and Safety Bulletin
Date: 01/10/2008
Howard Fidderman looks at how the appeal courts are approaching the provision and use of work equipment by employers.

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Case of the week: Indirect age discrimination
Source: Personnel Today
Date: 30/09/2008
This week's case of the week, provided by DLA Piper, covers indirect age discrimination.

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Disability discrimination: Associative discrimination prohibited
Source: IRS Employment Review
Date: 29/09/2008
In Coleman v Attridge Law and another [2008] IRLR 722, the ECJ held that the protection afforded against direct discrimination and harassment on grounds of disability under the Equal Treatment Framework Directive is not limited to those who are themselves disabled.

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Disability discrimination: House of Lords overturns Clark v Novacold
Source: IRS Employment Review
Date: 29/09/2008
In London Borough of Lewisham v Malcolm [2008] IRLR 700, the House of Lords held that the comparator for the purposes of disability-related discrimination should be construed narrowly, contrary to the Court of Appeal ruling in Clark v TDG t/a Novacold. It also held that disability discrimination cannot be established unless the alleged discriminator knew that the complainant was disabled.

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Age discrimination: Tribunal should have had regard to disadvantage suffered by employee
Source: IRS Employment Review
Date: 29/09/2008
In Loxley v BAE Systems Land Systems (Munitions & Ordnance) Ltd EAT/0156/08, the EAT held that an employment tribunal must have regard to the disadvantage sustained by an employee in order to determine whether or not the employer's treatment of the employee was a proportionate response to a legitimate aim.

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Age discrimination: Tribunal failed to consider if age-based difference in treatment was proportionate means of achieving aims
Source: IRS Employment Review
Date: 29/09/2008
In MacCulloch v Imperial Chemical Industries plc EAT/0119/08, the EAT held that, in considering the defence of justification in a claim of direct age discrimination, the employment tribunal had correctly identified the legitimate aims of a redundancy scheme that gave higher payouts to older workers. However, it had failed to consider whether or not the major difference in treatment based on age was a proportionate means of achieving those aims.

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Case of the week: Employment tribunal jurisdiction
Source: Personnel Today
Date: 23/09/2008
This week's case of the week, provided by DLA Piper, covers employment tribunal jurisdiction.

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TUPE: Objection to transfer not valid
Source: IRS Employment Review
Date: 16/09/2008
In Capita Health Solutions v McLean and another [2008] IRLR 595, the EAT held that an employee's objection to becoming employed by the transferee did not have the effect of preventing the transfer of her contract of employment, as she had undertaken work for the transferee after the transfer date.

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Case of the week: Age discrimination in redundancy schemes
Source: Personnel Today
Date: 16/09/2008
This week's case of the week, provided by DLA Piper, covers age discrimination in redundancy schemes.

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TUPE: Transferee that ordered pre-transfer dismissal liable for automatically unfair dismissal
Source: IRS Employment Review
Date: 15/09/2008
In (1) Perry's Motor Sales Ltd (2) Perry's Burnley Ltd v Lindley EAT/0616/07, the EAT held that a transferee that ordered the pre-transfer dismissal of an employee who had previously brought proceedings against it was liable for automatically unfair dismissal regarding the assertion of a statutory right.

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