Law reports
The PCS Information Service holds a large number of employment law reports going right back to 1972.
If you want any more information, email the information service: info@pcs.org.uk
Latest employment law reports
Last updated 2nd July 2010
Aspect Capital LTD v Christiensen, High Court
Court imposes prison sentence for contempt.
Journal: IDS Brief
Additional Information: The High Court sentences a former employee to a three-month suspended prison sentence for contempt of court in disobeying a search and seizure order in relation to documents, data and electronic storage devices. In doing so the Court considers existing authorities setting out sentencing guidelines and adds a number of further factors to be taken into account.
Document number: 10 0 120
Botham v Ministry of Defence, High Court (QBD)
Employee Cannot Bring Civil Claim for Losses Flowing from Dismissal.
Journal: IDS Brief
Additional Information: The High Court holds that a former employee, who succeeded before an employment tribunal with an unfair dismissal claim based on the employer's handling of the disciplinary procedure, could not rely on the employer's conduct as giving rise to a free-standing cause of action for breach of contract at common law. The financial loss claimed did not flow from any steps taken by the employer prior to dismissal which could be separated from the subsequent dismissal.
Document number: 10 6 101
BP plc v Elstone and anor, EAT
Whistleblower protected for disclosure made to previous employer.
Journal: IDS Brief
Additional Information: The EAT holds that a worker was entitled to bring a claim against his current employer alleging that he had suffered a detriment for whistleblowing, even though he was not employed by the same employer when he made the protracted disclosure.
Document number: 10 5 103
Colquhoun v Commissioners for HM Revenue and Custom, First-Tier Tribunal.
Buy-Out Payment not Connected to Termination.
Journal: IDS Brief
Additional Information: HM Revenue and Customs had been wrong to refuse a 30,000 pounds exemption from tax in respect of an employee's contractual redundancy payment. Although the employee had, nine years previously, benefitted from a 30,000 Pound exemption in respect of a buy-out of contractual redundancy rights, the buyout was not connected to the termination of his employment. As a result he was still able to use the exemption provided for in S.403 of the Income Tax (Earnings and Pensions) Act 2003 to reduce the tax liability on his redundancy payment.
Document number: 10 5 102
Edwards v Chesterfield Royal Hospital NHS Foundation Trust, Court of Appeal
Damages claim not precluded by Johnson v Unisys.
Journal: IDS Brief
Additional Information: The Court of Appeal holds that a claim for career-long loss of earnings based on breach of a contractual disciplinary procedure was not excluded by the House of Lords' decision in Johnson v Unisys. The so-called 'Johnson Exclusion' is not relevant where an employee relies on an express term of the contract.
Document number: 10 0 115
Homer v Chief Constable of West Yorkshire, Court of Appeal
Requirement to hold law degree was not age discrimination.
Journal: IDS Brief
Additional Information: the Court of Appeal upholds the EAT's decision that a 61-year old employee did not suffer discrimination on grounds of his age after he was rejected for a top salary grade on account of his not having a law degree. Any disadvantage was the consequence of age rather than age discrimination.
Document number: 10 5 108
Khatri v Cooperatieve Centrale Raiffeisen- Boerenleenbank BA, Court of Appeal
Banker Entitled to Performance Related Bonus.
Journal: IDS Brief
Additional Information: An employer is ordered to pay an employee over 1.6million Euros damages in compensation for an unpaid bonus. The employee was contractually entitled to the performance-related bonus as the wording of the relevant contractual position could not be interpreted as conferring a discretionary entitlement, and nor had the contract been subsequently varied by agreement.
Document number: 10 6 102
Law Society of England and Wales v Secretary of State for Justice and anor, High Court (QBD)
No TUPE transfer to new consumer complaints service.
Journal: IDS Brief
Additional Information: The Law Society's Legal Complaints Service, which handles professional service complaints against solicitors, will not transfer under TUPE once a new, single body for complaints in the legal sector is fully operational, since its identity will not be retained post-transfer.
Document number: 10 5 106
Mezey v South West London and St George's Mental Health NHS Trust, Court of Appeal
Court Upholds Injunction to Prevent Disciplinary Action.
Journal: IDS Brief
Additional Information: The Court of Appeal upholds the granting of an injunction to restrain an NHS Trust from holding a capability hearing in breach of its disciplinary procedures.
Document number: 10 0 119
R (On the application of Shoesmith) v Ofsted and ors, High Court (Admin)
Challenge to removal from office in 'Baby P' case fails.
Journal: IDS Brief
Additional Information: The High Court rejects a judicial review challenge made by a Council's former Director of Children's Services against the fairness of the process by which she was removed from office on the order of the Secretary of State and dismissed.
Document number: 10 0 117
Rawlings v Direct Garage Door Co LTD, Sheffield Employment Tribunal, 13.1.10
Unpaid holiday was unlawful deduction from wages.
Journal: IDS Brief
Additional Information: In the first decision applying the House of Lords' ruling in HM Revenue and Customs v Stringer and ors, an employment tribunal finds that an employee who was on sick leave was entitled to claim untaken holiday that had accrued over a 15 month period. Applying Stringer, the tribunal holds that the claim could be brought as a series of deductions form wages under the enforcement procedure in the Employment Rights Act 1996.
Document number: 10 5 109
Salford Royal NHS Foundation Trust v Roldan, Court of Appeal.
Journal: IDS Brief
Additional Information: The Court of Appeal restores a tribunal's decision that a nurse was unfairly dismissed because of flaws in the employer's disciplinary procedures. The tribunal was right to criticise the employer for not clarifying the full extent of the charges that the employee faced, and not investigating further a conflict in the evidence against her.
Document number: 10 0 116
Samuel Smith Old Brewery (Tadcaster) v Marshall and anor, EAT
Dismissal before Grievance Appeal was not Unfair.
Journal: IDS Brief
Additional Information: A tribunal had erred in deciding that it was unfair for an employer to dismiss before hearing the employees' appeal against a related grievance. It had substituted its own view in this regard since only in the rarest of cases would a decision to go ahead with a disciplinary hearing be outside the range of responses of a reasonable employer.
Document number: 10 0 118
Sarkar v West London Mental Health NHS Trust, Court of Appeal
Change from Informal to Formal Procedure Made Dismissal Unfair.
Journal: IDS Brief
Additional Information: An employment tribunal had been entitled to find that applying an informal misconduct procedure designed to deal with less serious matter, then subsequently dismissing for gross misconduct under the formal disciplinary procedure based on much the same facts, was outside the range of reasonable responses open to the employer, rendering the dismissal unfair.
Document number: 10 5 100
Secretary of State for Work and Pensions and ors v Wilson, EAT
Homeworking was not reasonable adjustment.
Journal: IDS Brief
Additional Information: An employment tribunal has erred in finding that an employer had failed in its duty to make reasonable adjustments where an agoraphobic employee was unable to travel to new offices. The employer's suggestions, such as the employer being accompanied to work or taking a taxi, were reasonable adjustments in the circumstances. By contrast, homeworking, which the employee insisted upon, was not a reasonable adjustment, as the employer had genuinely looked for (but failed to find) work which she could do from home.
Document number: 10 6 104
Tasneem v Dudley Group of Hospitals NHS Trust, EAT
Appellant could challenge 'sent date' recorded on judgement.
Journal: IDS Brief
Additional Information: A former employee who had his notice of appeal to the EAT rejected because it was out of time succeeds in having that decision overturned. As the would-be appellant had proved on the balance of probabilities that the judgement was posted later than the recorded sent date, his notice of appeal was lodged within the prescribed time limit.
Document number: 10 5 105
Taylor v XLN Telecom Ltd and ors, EAT.
Knowledge of discrimination not necessary.
Journal: IDS Brief
Additional Information: A tribunal erred in assuming that it could not make an award for injury to health or injury to feelings in respect of unlawful victimisation if the injury was not caused by the victim's knowledge that the act complained of was discriminatory. The EAT considered that such an approach to injury to feelings would be wrong in principle.
Document number: 10 5 104
Tulett Prebon plc and ors v BGC Brokers LP and ors, High Court (QBD)
Poaching raid was unlawful inducement to breach contracts.
Journal: IDS Brief
Additional Information: The High Court holds that the defendant firm, by encouraging a group of brokers to resign en masse and join its ranks, had unlawfully induced them to breach their contracts with their existing employer and had conspired to injure that employer by unlawful means.
Document number: 10 5 107
YKK Europe Ltd v Hengehan, EAT.
Territorial Jurisdiction and Absent Employees.
Journal: IDS Brief
Additional Information: The EAT holds that a tribunal erred in deciding that an employee who had worked in Germany, but who was absent on gardening leave in the United Kingdom at the date of his dismissal, was employed in Great Britain for the purposes of claiming unfair dismissal. The tribunal also failed to identify which of the three categories identified in Lawson v Serco Ltd applied to the employee. Furthermore, when examining how the employment contract was being operated at the date of dismissal, it had adopted too narrow a test.
Document number: 10 5 101
Zentralbetriebsrat der Landeskrankenhauser Tirols v Land Tirol, ECJ
Reducing Accrued Leave on Change to Part- Time Work Unlawful.
Journal: IDS Brief
Additional Information: The European Court of Justice rules that a right to paid annual leave accumulated during a period of full-time employment, and which the worker has not yet had the opportunity to exercise, could not be reduced pro rata upon the worker changing to part time employment.
Document number: 10 6 103
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