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

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Cases on Appeal

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.
Racial harassment: Staff encouraged to use offensive terms during diversity training exercise

Date:

26 April 2019

In Georges v Pobl Group Ltd, an employment tribunal upheld a black employee's harassment claim after she attended diversity training at which the trainer wrote racially offensive terms on a flipchart and staff were encouraged to shout out the most offensive words that they could come up with.
Breach of contract: Directors personally liable for exploiting chicken catchers

Date:

24 April 2019

In Antuzis and others v DJ Houghton Catching Services Ltd and others, the High Court held that the director and company secretary were both jointly and severally liable for the employer's statutory and contractual breaches.
Disability discrimination: EAT considers if car parking space is a reasonable adjustment

Date:

10 April 2019

In Linsley v Commissioners for HM Revenue and Customs, the Employment Appeal Tribunal held that the employer's discretionary car parking policy was a relevant factor to be taken into account in determining the issue of reasonable adjustments, as was the particular disadvantage suffered by the employee, namely the stress of searching for a parking place.

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

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Working time: Employers should be required to record workers' daily hours, holds ECJ

Social media misconduct: Dismissal without notice pay leads to wrongful dismissal

Racial harassment: Staff encouraged to use offensive terms during diversity training exercise

Breach of contract: Directors personally liable for exploiting chicken catchers

Disability discrimination: EAT considers if car parking space is a reasonable adjustment

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Constructive dismissal: School mishandles disciplinary action against headteacher

Disability discrimination: EAT considers if car parking space is a reasonable adjustment

Unfair dismissal: EAT considers seriousness of fire safety breach

Dismissing mentally ill employee for failing to attend meetings was discrimination, decides tribunal

Sexual orientation discrimination: Tribunal identifies wrong hypothetical comparator

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