Case round-up

This report relates to 5 case(s)

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  Blackburn and others v Gridquest Ltd (t/a Select Employment) and others [2002] IRLR 604 CA (2 other reports)

  • Working time: Unilaterally imposed "rolled-up" pay rate did not satisfy holiday pay obligation

    Date:

    7 October 2002

    In Blackburn and others v Gridquest Ltd (t/a Select Employment) and others, the Court of Appeal holds that, as the workers in this case had not entered into any contractual agreement that they were to be paid at a "rolled-up" weekly rate of pay which included an element of holiday pay, they were entitled to holiday pay under reg. 16 of the Working Time Regulations 1998 without the need to give credit under reg. 16(5) for the additional payment the employers claimed they had received.

  • On appeal: TUPE, Working Time Regulations and the Convention on Human Rights

    Date:

    3 September 2002

    Continuing our series on the implications of recent significant cases, Sue Nickson, partner and national head of employment law at Hammonds Suddards Edge, looks at the issues

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  Coxall v Goodyear Great Britain Ltd [2002] IRLR 742 CA (1 other report)

  • A duty to dismiss for the employee's best interest

    Date:

    12 November 2002

    Employers have a duty to protect employees from physical danger, even if the employee wants to continue working. By Linda Farrell, partner Bristows.

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  Fairchild v Glenhaven Funeral Services Ltd and others [2002] IRLR 533 HL (6 other reports)

  • Employer's liability: Successive employers were jointly liable for materially increasing risk of employees' disease

    Date:

    1 August 2002

    In Fairchild v Glenhaven Funeral Services Ltd and others, and related cases, the House of Lords holds that, where it is established that successive employers had each failed in their duty of care to protect an employee from contracting a disease during his or her employment with them, but it cannot be proved which particular employment had caused the damage complained of, each employer could be held liable in damages for the breach.

  • House of Lords victory for asbestosis victims

    Date:

    8 July 2002

    The House of Lords has overturned the Court of Appeal decision last December in the test cases of Fairchild v Glenhaven Funeral Services Ltd and related cases.

  • Legal casebook: Causation and asbestos

    Date:

    1 July 2002

    An explanation of employers' liability in cases of employee illnesses contracted through exposure to asbestos.

  • When the dust settles

    Date:

    1 July 2002

    The Law Lords have re-opened the door to compensation claims for asbestos-related disease. But how far-reaching will the ruling be?

  • Asbestos compensation

    Date:

    1 July 2002

    Earlier reports that the floodgates for litigation would open following the Law Lords' ruling on victims of mesothelioma may well prove to have been exaggerated.

  • House of Lords averts major asbestos "injustice"

    Date:

    1 June 2002

    The House of Lords has reversed what the Court of Appeal called a "major injustice" to mesothelioma victims. The ruling, on 16 May, means that victims of this fatal asbestos-induced disease are, after all, eligible for compensation from their former employers.

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  McNiffe v Redcar and Cleveland Borough Council [2002] All ER (D) 82 (May) EAT (0 other reports)
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  O'Flynn v Airlinks the Airport Coach Company Ltd [2002] All ER (D) 05 (Jul) EAT (2 other reports)

  • On appeal: drugs policies and misconduct

    Date:

    3 December 2002

    Continuing our series on the implications of recent significant cases, Hugh Calloway, associate solicitor in the commercial litigation department at Glanvilles Solicitors looks at issues surrounding some employment-related disputes. This week: drugs policies and misconduct.

  • Case roundup: Drug testing and TUPE transfers

    Date:

    23 July 2002

    This week's case roundup from Eversheds, covering drug testing and TUPE transfers.