Polkey and the Problem of “Definitely Maybe” – Littleton Chambers

‘Nicholas Siddall considers the recent decision of the EAT in Zebrowski-v-Concentric Birmingham Ltd [2017] UKEAT/0245/16/DA and analyses the guidance there to be found as regards the proper approach to a Polkey deduction.’

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Littleton Chambers, 9th May 2017

Source: www.littletonchambers.com

What Price a Comment! Chelsea Football Club v Carneiro – Park Square Barristers

‘The public falling out between Jose’ Mourinho and Eva Carneiro happened during the first game of the season at Stamford Bridge, home of Chelsea Football Club. The manner in which this situation unfolded dominated the headlines, which resulted in a settlement at the Employment Tribunal, Croydon, London on Tuesday 7th June 2016.’

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Park Square Barristers, 15th June 2016

Source: www.parksquarebarristers.co.uk

Sharpe v Bishop of Worcester (in his corporate capacity) – WLR Daily

Sharpe v Bishop of Worcester (in his corporate capacity) [2015] EWCA Civ 399; [2015] WLR (D) 196

‘In determining the question of whether a person was a “worker” within the meaning of section 43K(1)(a) of the Employment Rights Act 1996, the words “terms on which he is or was engaged to do the work” required the person to have a contract with the person of whom he was said to be a “worker”.’

WLR Daily, 30th April 2015

Source: www.iclr.co.uk

Calculating Damages for a Lost Career: Sharan Griffin v Plymouth Hospital NHS Trust – Employment Law Blog

‘Harini Iyengar comments on the latest Court of Appeal case on the calculation of damages for a lost career.’

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Employment Law Blog, 25th September 2014

Source: www.employment11kbw.com

Constructive Dismissal of an Employee Himself in Fundamental Breach of Contract – No. 5 Chambers

‘Charles Price reports on the case of Atkinson v Community Gateway Association (UKEAT/0457/12/BA) which concerns the approach in a constructive dismissal claim when the employee himself is in fundamental breach.’

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No. 5 Chambers, 19th September 2014

Source: www.no5.com

EAT: employee who might be dismissed for gross misconduct may still be entitled to claim constructive dismissal – OUT-LAW.com

‘An employee is not prevented from resigning and bringing a constructive dismissal claim against a former employer by the fact that the employer may have been preparing a gross misconduct case against him, the Employment Appeal Tribunal (EAT) has ruled.’

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OUT-LAW.com, 27th August 2014

Source: www.out-law.com

Policeman who smashed pensioner’s car window awarded £440,000 payout – The Guardian

Posted February 6th, 2014 in constructive dismissal, harassment, news, police, tribunals by sally

‘A police officer who chased and then smashed a pensioner’s car window has won £440,000 after a tribunal found he left his job after becoming a “laughing stock” among his colleagues when a video of the incident appeared online.’

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The Guardian, 5th February 2014

Source: www.guardian.co.uk

Sunday is not a day of rest: Christian discrimination appeal dismissed – Halsbury’s Law Exchange

‘The Employment Tribunal, the Employment Appeal Tribunal and now the Court of Appeal have all agreed that an employer was justified in requiring a Christian to work on Sundays in Mba v London Borough of Merton.’

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Halsbury’s Law Exchange, 17th December 2013

Source: www.halsburyslawexchange.co.uk

Christian Celestina Mba loses Sunday shifts appeal – BBC News

‘A Christian care worker who claimed she was forced to leave her job after refusing to work Sundays because of her faith has lost her legal appeal.’

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BBC News, 5th December 2013

Source: www.bbc.co.uk

Sitting in the garden may be pleasant but it’s no holiday – Hardwicke Chambers

‘For a case about garden leave, the apparently aptly named (the irony comes later) employee was a Mr Holliday. He is a stockbroker. On 5 July 2013 he gave notice to his employers that he was intending to leave to join a competitor. On 10 July 2013 he was placed on garden leave. The contract under which he worked had been amended in 2008. It provided for 12 months garden leave on notice to terminate being given. At the same time, his salary was tripled from £40,000 to £120,000 per year. He had an exit interview on 29 July 2013, the purpose of which was to ensure he understood the conditions of his garden leave.’

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Hardwicke Chambers, 22nd November 2013

Source: www.hardwicke.co.uk

Garden Leave and Gandhi – Littleton Chambers

Posted November 19th, 2013 in constructive dismissal, contract of employment, employment, injunctions, news by sally

“One of the mysteries of garden leave is why this area of jurisprudence exists at all. At least from the perspective of this self-employed, occasionally indolent barrister – for whom paid holidays are an unrealisable dream – the prospect of being paid (often a substantial salary) for months on end to do nothing sounds too good to be true. What’s not to like?”

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Littleton Chambers, 11th November 2013

Source: www.littletonchambers.com

Christian woman to sue for right not to work on Sundays – The Independent

“A devout Christian woman is set to fight for her right not to work on Sunday this week when her case is heard at the Court of Appeal.”

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The Independent, 20th October 2013

Source: www.independent.co.uk

Black worker awarded £27,000 after hearing colleague referred to as golliwog – Daily Telegraph

Posted August 5th, 2013 in compensation, complaints, constructive dismissal, harassment, news, racism by sally

“A black worker has been awarded £27,000 in compensation after being forced to listen to a colleague being routinely referred to as a golliwog.”

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Daily Telegraph, 4th August 2013

Source: www.telegraph.co.uk

Singh v Reading Borough Council – WLR Daily

Singh v Reading Borough Council [2013] EWCA Civ 909; [2013] WLR (D) 306

“An employer’s improper activities in gathering evidence for the purpose of defending a claim of discrimination brought by an employee were not covered by judicial proceedings immunity.”

WLR Daily, 25th July 2013

Source: www.iclr.co.uk

A lot of Wonga – Sports Law Bulletin from Blackstone Chambers

“Papiss Cisse’s dispute with Newcastle United Football Club about wearing the official shirt sponsor’s logo raises some important questions for sports lawyers.”

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Sports Law Bulletin from Blackstone Chambers, 15th July 2013

Source: www.sportslawbulletin.org

Dental nurse wins case after being given written warning for eating apple – Daily Telegraph

“A dental nurse who was given a written warning by bosses for eating an apple has won a case for constructive dismissal against the surgery.”

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Daily Telegraph, 9th May 2013

Source: www.telegraph.co.uk

Sunday working case does not establish that all religious discrimination claims will fail – OUT-LAW.com

“A tribunal’s refusal to allow the constructive dismissal claim of a Christian care worker who was required to work on Sundays does not establish that Sunday working will never amount to indirect religious discrimination, an expert has said.”

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OUT-LAW.com, 14th January 2013

Source: www.out-law.com

Christian who refused Sunday work was not constructively dismissed – Richard Wayman – UK Human Rights Blog

Posted January 11th, 2013 in Christianity, constructive dismissal, news, religious discrimination by tracey

“Mba v London Borough Of Merton (Religion or Belief Discrimination) [2012] UKEAT 0332/12/1312 (13 December 2012). The Employment Appeal Tribunal (EAT) has dismissed the appeal of a Christian care worker against the decision of an Employment Tribunal that she was not constructively dismissed as a result of her refusal to work on Sundays.”

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UK Human Rights Blog, 10th January 2013

Source: www.ukhumanrightsblog.com

Christians and working on Sundays: what the tribunal really said – The Guardian

“Written rulings should be published when tribunals give judgments in order to properly inform public debate.”

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The Guardian, 10th Janaury 2013

Source: www.guardian.co.uk

Ex-UK Border Force chief Brodie Clark settles legal dispute with Home Office – The Guardian

Posted March 16th, 2012 in constructive dismissal, immigration, news by tracey

“The former head of the UK Border Force who resigned over last year’s security row has reached an out-of-court settlement with the Home Office in which neither side admits any liability or wrongdoing.”

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The Guardian, 16th March 2012

Source: www.guardian.co.uk