Notable Cases

  • Stuart Peters v Bell [2009] ICR 453 – The Court of Appeal distinguished the case of Norton Tool v Tewson [1972] ICR 501 and held that an employee who is constructively dismissed without notice has to give credit for earnings he earns during his notice period.
  • Tapere v South London & Maudsley NHS Trust [2009] ICLR 972 – The EAT held that a change of an employee’s place of work could amount to a substantial change to their working conditions under Reg.4(9) TUPE. This was held even though the Claimant’s contract contained an express mobility clause.
  • EPI Coaches v Lafferty UKEAT/0065/09 – The EAT emphasised that where an application for relief from sanction is made, (1) even if the defaulting party does not have good reason, the Employment Judge must put the explanation into context or evaluate it against other relevant factors, and (2) it is relevant to consider the merits of the Claim.
  • McMullen v PS Photay & Associates Equal Opportunities Review No. 192 (September 2009) – The ET found that in requiring a female employee to change her part-time hours her employer had not indirectly discriminated against her. The requirement to work on a Tuesday rather than a Wednesday could not be said to be a particular disadvantage to women over men.
  • Shirmardi v Capital Limo Ltd UKEAT/0225/08 – The EAT found that in any claim asserting that the Claimant had not been paid the national minimum wage, the total number of hours worked by the Claimant must be properly calculated.
  • Bourne v ECT Bus CIC UKEAT/0288/08 – The EAT considered the weight that should be given to the evidence of a jointly instructed expert when determining whether or not a Claimant is disabled under the Disability Discrimination Act.
  • Power v Regent Security Services [2007] IRLR 226 – This case is authority for the proposition that a transferee employer cannot rely on TUPE Regulations and ECJ case law to resile from a contractual agreement entered into by reason of a transfer. This decision was upheld by the Court of Appeal and is the leading case concerning the rights of employees upon a transfer of undertakings.
  • Okinedo v North West Guarding UKEAT0510/07 – An appeal to the EAT as to what constitutes a material change of circumstances for the purposes of renewing an application that has previously been refused. The case also touched on the issue of when an individual can be joined to a discrimination claim as a respondent.

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