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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In the employment tribunals: March 2010
Source: XpertHR
Date: 17/03/2010
XpertHR provides a summary of and the full transcripts to some recent employment tribunal rulings.

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Case of the week: Age discrimination
Source: Personnel Today
Date: 16/03/2010
This week's case of the week, provided by DLA Piper, covers age discrimination.

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Full holiday pay must be given to staff off sick
Source: Personnel Today
Date: 16/03/2010
Employers must pay staff their full holiday entitlements if they are off sick for more than a year and are unable to take their leave, a tribunal has confirmed.

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TUPE: EAT defines "affected employees" to be consulted on a TUPE transfer
Source: IRS Employment Review
Date: 10/03/2010
In Unison v Somerset County Council and others EAT/0043/09, the EAT held that the employees "affected by" a TUPE transfer for the purposes of consultation with employee representatives were those who would or might be transferred, those whose job is jeopardised by the proposed transfer, and those with internal job applications pending. The definition did not extend to those who might in the future apply for a vacancy in the part of the undertaking transferred.

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Protection from harassment: "Oppressive and unacceptable" conduct is test for harassment
Source: IRS Employment Review
Date: 10/03/2010
In Veakins v Kier Islington Ltd [2010] IRLR 132 CA, the Court of Appeal held that an employee who was bullied at work by her line manager had been harassed within the meaning of the Protection from Harassment Act 1997. While the Court had to keep in mind the need for the conduct complained of to be serious enough to sustain criminal liability, the key test was whether or not it was "oppressive and unacceptable". On the unchallenged evidence before the Court, it clearly was.

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Disciplinary hearings: Employee was entitled to legal representation throughout disciplinary proceedings
Source: IRS Employment Review
Date: 10/03/2010
In R (on the application of G) v Governors of X School and Y City Council [2010] EWCA Civ 1 CA, the Court of Appeal held that a teaching assistant had a right under art.6 of the European Convention on Human Rights to legal representation during disciplinary proceedings following allegations of misconduct, in view of the possible consequences for his career if the allegation was proved.

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Case of the week: Religious discrimination.
Source: Personnel Today
Date: 09/03/2010
This week's case of the week, provided by DLA Piper, covers religious discrimination.

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Case of the week: Muschett v HM Prison Service
Source: Personnel Today
Date: 05/03/2010
This week's case of the week, provided by DLA Piper, covers agency workers.

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Consultation on collective redundancies: employment tribunal decisions
Source: XpertHR case report
Date: 04/03/2010
This article summarises the main issues and outcomes in five tribunal cases where it was claimed that the employer failed to consult with trade union or employee representatives when it was proposing to make 20 or more employees redundant. Although the decisions are not binding on other tribunals, they provide useful illustrations of situations that have led to employers facing claims for failing to inform and consult on collective redundancies.

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Pregnancy risk assessments are triggered by potential for harm
Source: Health and Safety Bulletin
Date: 01/03/2010
A recent appeal judgment clarifies when an employer should assess the risks for a pregnant worker, reports Howard Fidderman

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