British Airways v Williams
By James Medhurst | NewsIf you would like to read the lastest update on this case, please visit the news section of the website.
If you would like to read the lastest update on this case, please visit the news section of the website.
The Supreme Court has referred the case of British Airways v Williams to the European Court of Justice to rule on whether it is a requirement of the Directive governing working time for airline pilots and, by extension, the Working Time Directive, for Member States to provide a minimum level of remuneration for periods of annual leave and, if so, how it should
The judgment of the Court of Appeal in Sarkar v West London Mental Health NHS Trust is interesting in that it agrees with the decision of the Employment Appeal Tribunal as to the law but disagrees as to the outcome of the case. The employer had initially treated the misconduct of the claimant as being minor and
Surprisingly, in nearly six months of operation, the new Supreme Court has yet to give judgment in an employment law case, but its helpful website reveals that there are currently four cases pending before it. O’Brien v Ministry of Justice, which concerns whether tribunal judges are employees for the purposes of the Part-Time Worker Regulations, is due
The Mail on Sunday is running a front page story about a meat supplier which advertised for workers with the requirement that they be fluent in Polish. Like any language requirement case, the first thing to say is that this cannot be direct discrimination against English people because there are a small number of English people who are
It is common practice for tribunals to rule on liability first and then to determine remedy later. In my experience, this can often be more trouble than it is worth, especially in short unfair dismissal cases, particularly where the issues of a Polkey reduction or of contributory fault are likely to come into play. This was
If the burden of proof reverses in a discrimination case, the employer has to show a non-discriminatory reason for the treatment about which the complaint has been made. Sometimes this is straightforward but the decision of the Employment Appeal Tribunal in Arhin v Enfield Primary Care Trust provides an example of a situation where it can be more difficult.