Cases within H

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  H v X Primary School ET/1500957/2012 (1 report relating to this case)

  • Teacher unfairly dismissed from school following son's criminal conviction

    Date:

    13 March 2013

    In this case, the tribunal had to decide whether or not a teacher in a primary school was fairly dismissed following her son's criminal conviction.

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  Habermann-Beltermann v Arbeiterwohlfahrt, Bezirksverband Ndb/Opf eV [1994] IRLR 364 ECJ (2 reports relating to this case)

  • Pregnancy seen as temporary incapacity

    Date:

    1 July 1994

    In Habermann-Beltermann v Arbeiterwohlfahrt, Bezirksverband Ndb/Opf eV (5 May 1994) EOR56B, the European Court of Justice holds that termination of a contract without a fixed term on account of a woman's pregnancy cannot be justified on the ground that a statutory prohibition, imposed because of pregnancy, temporarily prevents the employee from performing night work.

  • Sex discrimination: Night work ban does not justify pregnancy dismissal

    Date:

    1 June 1994

    The EC "Equal Treatment" Directive prevents an indefinite contract of employment for night work entered into by an employer and a pregnant woman, both of whom were unaware of the pregnancy at that time, from being void on account of a statutory prohibition on night work by pregnant or breastfeeding women, holds the European Court of Justice in Habermann-Beltermann v Arbeiterwohlfahrt, Bezirksverband Ndb/Opf eV.

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  Hacking & Paterson and another v Wilson EAT/0054/09 (2 reports relating to this case)

  • Indirect sex discrimination: Where flexible working request was refused, the pool for comparison should exclude those with no interest in flexible working

    Date:

    15 February 2011

    In Hacking & Paterson and another v Wilson EAT/0054/09, the EAT held that, where a woman employed as a property manager claimed indirect sex discrimination following the refusal of her flexible working request on her return from maternity leave, the pool for comparison should exclude those property managers with no interest in flexible working.

  • Indirect sex discrimination: EAT reaffirms appropriate pool of comparators

    Date:

    15 February 2011

    The Employment Appeal Tribunal has reaffirmed that in a claim for indirect sex discrimination where the complaint is based on an employer's refusal to grant a benefit, the appropriate pool of comparators should include only those employees who want the benefit. 

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  Haddon v Van den Bergh Foods Ltd [1999] IRLR 672 EAT (1 report relating to this case)

  • Unfair dismissal: Tribunal misapplied "range of reasonable responses test"

    Date:

    1 November 1999

    In Haddon v Van den Bergh Foods Ltd, the EAT holds that an employment tribunal impermissibly applied what amounted to "a perversity test of reasonableness" by asking itself whether no reasonable employer would have dismissed in the circumstances of the case.

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  Hagen and others v ICI Chemicals and Polymers Ltd and others [2002] IRLR 31 HC (2 reports relating to this case)

  • TUPE transfers demand careful communication

    Date:

    19 February 2002

    In the recent case of Hagen and others v ICI Chemicals and Polymers Ltd and others 2001 IRLR 31, the High Court considered the claims of a number of ex-ICI employees regarding representations made to them prior to a transfer to a new company.

  • Negligent misrepresentation: Transferor liable for negligently misrepresenting the effect of a transfer on employees' pensions

    Date:

    15 February 2002

    In Hagen and others v ICI Chemicals and Polymers Ltd, the High Court holds that on the facts, an employer owed a duty to take reasonable care as to the truth of statements made to its employees in relation to a TUPE transfer.

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  Hailstones v Staffordshire County Council 7 July 1997 CA (1 report relating to this case)

  • Contracts of employment: Implied right to appeal against disciplinary action

    Date:

    1 June 1998

    In Hailstones v Staffordshire County Council, the Court of Appeal holds that it was an implied term of an employee's contract that he had a right to appeal against the imposition of a disciplinary sanction - in this case a transfer to a different workplace - as an alternative to dismissal, in view of the fact that the contract contained express rights of appeal against a decision to dismiss and against warnings imposed in accordance with the disciplinary procedure.

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  Haine and another v Day [2008] IRLR 642 CA (2 reports relating to this case)

  • Collective redundancies: Employer company liable for post-liquidation protective award

    Date:

    29 August 2008

    In Haine and another v Day [2008] IRLR 642, the Court of Appeal held that a protective award made after the employer company went into liquidation in respect of its failure to consult before making collective redundancies was a provable, and therefore potentially recoverable, debt.

  • Haine and another v Day

    Date:

    10 July 2008

    The Court of Appeal has held that a protective award for an insolvent company's failure to consult on redundancies should have been paid out of the company's assets by the liquidator and not by the Secretary of State for Business Enterprise and Regulatory Reform.

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  Hainge v BE Enterprise Ltd [2005] All ER (D) 100 (Sep) EAT (1 report relating to this case)

  • Case round-up: Unfair dismissal compensation

    Date:

    18 October 2005

    This week's case round-up from Eversheds, covering unfair dismissal compensation.

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  Hainsworth v Ministry of Defence [2014] IRLR 728 CA (2 reports relating to this case)

  • Disability discrimination: Associative discrimination principle does not extend to reasonable adjustments duty

    Date:

    31 January 2015

    In Hainsworth v Ministry of Defence [2014] IRLR 728 CA, the Court of Appeal confirmed that the principle of associative discrimination does not extend to an employer's duty to make reasonable adjustments.

  • Associative disability discrimination: Court of Appeal upholds EAT ruling on duty to make reasonable adjustments

    Date:

    17 June 2014

    The Court of Appeal has upheld the Employment Appeal Tribunal (EAT) ruling that art.5 of the Equal Treatment Framework Directive (2000/78/EC) which covers reasonable accommodation for disabled people in employment, is limited to measures for the assistance of disabled employees, and does not cover adjustments for individuals who have an association with a disabled person.

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  Hainsworth v Ministry of Defence EAT/0227/13 (2 reports relating to this case)

  • Disability discrimination: Duty to make reasonable adjustments does not extend to "associative" claims

    Date:

    4 May 2014

    In Hainsworth v Ministry of Defence EAT/0227/13, the Employment Appeal Tribunal held that there is no arguable case that an employer was under a duty of reasonable adjustment in relation to a non-disabled employee who requested a change of job location for the benefit of her disabled daughter.

  • Duty to make reasonable adjustments does not apply to associative disability discrimination, confirms EAT

    Date:

    23 October 2013

    The Employment Appeal Tribunal has confirmed that employers do not have a duty to make reasonable adjustments where an individual, typically a carer, has an association with a disabled person.