Law reports

Precedent-setting cases from the EAT and appellate courts, along with reports of selected tribunal cases.

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Stay up to date with developments in case law.
Keep informed about the situations that have led to employment tribunal claims.

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Decisions
Cases on Appeal

Withdrawing offer of overseas posting was not direct disability discrimination

Date:

24 May 2019

In Owen v Amec Foster Wheeler Energy Ltd and another, the Court of Appeal held that refusing to allow a disabled employee to undertake an overseas posting due to medical concerns did not amount to direct disability discrimination.
Dismissal for inappropriate religious conversations was fair, rules Court of Appeal

Date:

21 May 2019

In Kuteh v Dartford and Gravesham NHS Trust, the Court of Appeal held that the NHS trust fairly dismissed a Christian nurse for initiating inappropriate conversations about religion with patients in breach of a lawful management instruction.
Vicarious liability: Employer not liable for dance floor injury at Christmas party

Date:

21 May 2019

In Shelbourne v Cancer Research UK, the High Court held that the employer was not vicariously liable for the employee's injury sustained during the staff Christmas party.
Working time: Employers should be required to record workers' daily hours, holds ECJ

Date:

16 May 2019

In Federación de Servicios de Comisiones Obreras (CCOO) v Deutsche Bank SAE, the European Court of Justice (ECJ) held that EU law means that Spanish legislation should require employers to set up a system to record workers' actual daily working time.
Social media misconduct: Dismissal without notice pay leads to wrongful dismissal

Date:

10 May 2019

In Atherton v Bensons Vending Ltd, an employment tribunal held that a small employer fairly dismissed an employee who made a personal attack on the managing director on Facebook. However, the claimant's wrongful dismissal was upheld because the employer could not show that his behaviour was so serious that it was entitled to dismiss him without notice pay.

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