Don’t Defy the Judge #shorts

Employment Law – Express and Implied Terms – Education

The case of Luke v Stoke-On-Trent City Council [2006], involved an employee who had been employed as a special needs teacher at the local authority’s Assessing Continuing Education Pupil Referral Unit (“the ACE Centre”) since 1996. The ACE Centre was the only one of its kind operated by the local authority, and under the terms of her contract of employment (“the ACE Contract”), the employee was required to work at the ACE centre for 12 and three quarter hours per week.

Employment Law – Restriction of Proceedings Order – Vexatious Claims

The case of Attorney General v Deman [2006], involved vexatious proceedings being brought before the Employment Appeals Tribunal. The respondent was born and educated in India but had US citizenship. He was employed as an academic economist.

Commercial Law – Employment Law – Interpretation of Terms of Employment Contract

The case of Helmet Integrated Systems Ltd v Tunnard and Others [2006], involved a dispute over what actions could be allowed under the terms of an employment contract. The claimant (“HISL”) produced and sold protective equipment. In 1993, it commissioned a new helmet design which was successfully marketed especially to the London Fire Brigade. The defendant was a senior salesman with the claimant.

Employment Law – Error in Law By Tribunal – Number of Hours Worked

The case of McLean v Rainbow Homeloans Ltd [2006], involved an employee who was employed as a mortgage advisor. He had commenced employment on 14 April 2004, and had had his employment terminated on 1 April 2005.

Employment Law – Discrimination – Disability Discrimination – Duty to Make Reasonable Adjustments

The recent case of McHugh v NCH Scotland [2006], concerned an allegation of disability discrimination. The employee commenced employment as a project manager for the employer, a children’s charity, in 1997. In 2001, she was certified unfit to work on the grounds of depression.

Employment Law – Jurisdiction of Tribunal – Employment Relationship

Employment law case concerning Khan v Premier Private Hire Taxi [2007], the applicant worked as a private hire taxi driver for the employer. He issued a claim form to the employment tribunal which stated the following: “The company was not paying me, I was taking fare from customer and paying commission to the company. Like an agent transacting business for another.”

Employment Law – OCD – Unfair Dismissal – Discrimination

Employment law case concerning Fairbrother v Abbey National plc [2007], concerned an employee who was employed as a customer manager since March 1998. The employee suffered from Obsessive Compulsive Disorder (OCD), a fact which at the time when she applied for the job was not made known to the employer, but which became clear after she took up her position. For the initial period of her employment, she had a good relationship with her colleagues. However, this changed in 2002 when two of her co-workers began to treat her and another employee, R, less favourably.

Employment Law – Unfair Dismissal and Constructive Dismissal – ‘Last Straw’ Principle

Employment law case concerning unfair dismissal and constructive dismissal. An employee who had been employed since 1997 tried unsuccessfully to claim that she had been unfairly and constructively dismissed in the case of Hughes v Gibson and Others (trading as Blanford House Surgery) [2006].

Employment Law – Unfair Dismissal – Contract for Service – Agency

Employment law relating to unfair dismissal and tribunal claim. The employee in the case of Cairns v Visteon UK Ltd [2007], had been employed as an administrative assistant from 1998 until the 29th of May 2005. From a point around 2001, the employee’s services had been provided by an agency. The agency, M, had employed the employee under a contract of service. During May 2005, an issue arose as to whether the employee had falsified her timesheets. The employer used these timesheets to pay the employee through M.

Employment Law – Constructive Dismissal – Procedure – Complaint Handling – Employment Act 2002

Employment law case concerning Plummer v DMC Business Machines Plc [2007], began when an employee had a dispute with one of his colleagues. The employer initiated disciplinary proceedings which resulted in both men receiving final written warnings. The employee subsequently resigned and wrote a letter to the employer complaining that he was unhappy with the way the employer had handled the events leading up to his resignation.

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