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You are here: BAILII >> BAILII OpenLaw - Leading Cases by Subject >> BAILII OpenLaw - Employment Law URL: https://www.bailii.org/openlaw/employment.html |
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Subject: Employment Law
Compiled By: Philip Engelman – Philip Engelman is a Barrister and Recorder
Last Updated: 26 October 2022
BAILII OpenLaw supports legal education by making leading cases freely and openly available on the internet. The Employment Law list is current up to the Last Updated date above and may not include recent decisions. If the citation column does not include a hyperlink, then copyright restrictions prevent BAILII from publishing the judgment (missing cases may be available on other commercial/paywalled sites). Please send all comments, corrections or suggested revisions to [email protected].
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Number Case Citation Court Level Nutshell Descriptor 1 Harpur Trust v Brazel [2022] UKSC 21 Supreme Court Part-year workers - The amount of leave a part-year worker employed under a permanent contract is not required to be under EU Law and under domestic law is not to be prorated to a full-time worker 2 Kostal UK Ltd v Dunkley [2021] UKSC 47 Supreme Court Collective agreements - The making of an offer to employees directly while there was a collective bargaining procedure in place which had not been completed and s. 145B Trade Union and Labour Relations Consolidation act 1992 3 Anwar v Advocate General for Scotland [2021] UKSC 44 Supreme Court EU principles of effectiveness - The power of the Court of Session or sheriff court to grant interim relief to a successful claimant in an employment tribunal claim for discrimination and harassment and whether the necessity to go to the Court of Session or sheriff court to obtain such relief was a breach of the EU principles of effectiveness and equivalence 4 Royal Mencap Society v Tomlinson-Blake [2021] UKSC 8;
[2021] ICR 758Supreme Court National Minimum Wage - Care home workers and entitlement to the National Minimum Wage 5 Uber BV v Aslam [2021] UKSC 5;
[2021] ICR 657Supreme Court Employment status - Private hire drivers and workers for the purposes of the Employment Rights Act 1998 6 WM Supermarkets Plc v Various Claimants [2020] UKSC 12;
[2020] AC 989Supreme Court Misuse of private information - Vicarious liability of the employer for the torts of misuse of private information and breach of confidence committed by its employees 7 Gilham v Ministry of Justice [2019] UKSC 44;
[2019] 1 WLR 5905Supreme Court Whistleblowing - Judicial officers and entitlement to rely on whistleblowing protection 8 Tillman v Egon Zehnder Ltd [2019] UKSC 32;
[2020] AC 154Supreme Court Restrictive covenants - The correct approach to the blue pencil test in restrictive covenant cases 9 Williams v Trustees of Swansea University Pension Assurance Scheme [2018] UKSC 65;
[2019] 1 WLR 93Supreme Court Disability discrimination - Disabled employees taking retirement because of disability and discrimination 10 Pimlico Plumbers Ltd v Smith [2018] UKSC 29 Supreme Court Employment status - Requirement to perform services personally and “worker” 11 Morris-Garner v One Step (Support) Ltd [2018] UKSC 20;
[2019] AC 649Supreme Court Damages - Bases of the award of damages for breach of a restraint of trade clause 12 Michalak v General Medical Council [2017] UKSC 71;
[2017] 1 WLR 4193Supreme Court Judicial review - The availability of judicial review in respect of decisions of the General Medical Council and the right to go to the employment tribunal [see Court of Appeal] 13 P v Commissioner of Police of the Metropolis [2017] UKSC 65;
[2018] ICR 560Supreme Court Judicial immunity - A police officer’s claim against the Commissioner and the judicial immunity of the misconduct panel 14 Benkharbouche v Secretary of State for Foreign and Commonwealth Affairs [2017] UKSC 62;
[2019] AC 777Supreme Court International law - The State Immunity Act 1978 and immunity from suit [see Court of Appeal] 15 Reyes v Al–Malki [2017] UKSC 61;
[2019] AC 735Supreme Court Diplomatic immunity - Diplomatic immunity and a claim for human trafficking brought by a former employee 16 R (on the application of Unison) v Lord Chancellor [2017] UKSC 51;
[2020] AC 869Supreme Court Access to justice - Whether the Employment Tribunal and Employment Appeals Tribunal Order 2003 was unlawful 17 Walker v Innospec Ltd [2017] UKSC 47;
[2017] ICR 1077Supreme Court Pensions - The restriction permitted by the Equality Act 2010 on the payment of a pension to same sex partners and European law 18 Essop v Home Office (UK Border Agency) [2017] UKSC 27;
[2017] 1 WLR 1343Supreme Court Indirect discrimination - Proof of a provision, criterion or practice and a claim for indirect discrimination 19 Mohamud v WM Morrison Supermarkets Plc [2016] UKSC 11;
[2016] AC 677Supreme Court Vicarious liability - Vicarious liability for an assault carried out by an employee and the “close connection test” 20 Cox v Ministry of Justice [2016] UKSC 10;
[2016] AC 660Supreme Court Vicarious liability - Vicarious liability of the Ministry of Justice for a prisoner 21 Allen v Hounga [2014] UKSC 47;
[2014] 1 WLR 2889Supreme Court Discrimination - Public policy and the defence of illegality in a claim for racial discrimination 22 FHR European Ventures LLP v Cedar Capital Partners LLC [2014] UKSC 45;
[2015] AC 250Supreme Court Breach of fiduciary duty - An agent who was a fiduciary and took a bribe and constructive trust 23 South Lanarkshire Council v Scottish Information Commissioner [2013] UKSC 55;
[2013] 1 WLR 2421Supreme Court Freedom of information - Disclosure of information to a journalist by the Information Commissioner and the Data Protection Act 1998 24 Moore v President of the Methodist Conference [2013] UKSC 29;
[2013] 2 AC 163Supreme Court Employment status - Ministers of the Methodist church and whether or not they are employees 25 Department of Constitutional Affairs v O’Brien [2013] UKSC 6;
[2013] 1 WLR 522Supreme Court Employment status - Whether part-time judges are workers for purposes of the Part-time Workers (Less Favourable Treatment) Regulations 2000 26 X v Mid Sussex Citizens Advice Bureau [2012] UKSC 59;
[2013] 2 CMLR 16Supreme Court Employment status - Voluntary advice workers and European Law 27 Geys v Societe Generale [2012] UKSC 63;
[2013] 1 AC 523Supreme Court Contract repudiation - When a repudiation of a contract by one party takes effect 28 Abdulla v Birmingham City Council [2012] UKSC 47;
[2012] ICR 1419Supreme Court Time limits - The jurisdiction of the High Court and claims that would be time-barred in the employment tribunal 29 Hewage v Grampian Health Board [2012] UKSC 37;
[2012] ICR 1054Supreme Court Burden of proof - The burden of proof in race and sex discrimination cases 30 R (on the application of Alvi) v Secretary of State for the Home Department [2012] UKSC 33;
[2012] 1 WLR 2208Supreme Court Immigration rules - The application of immigration policy or rules and the need to be laid before Parliament 31 Seldon v Clarkson, Wright & Jakes [2012] UKSC 16;
[2012] ICR 716Supreme Court Age discrimination - The approach to direct and indirect age discrimination and mandatory retirement age of 65 [see Court of Appeal] 32 Edwards v Chesterfield Royal Hospital NHS Foundation Trust [2011] UKSC 58;
[2012] 2 AC 22Supreme Court Unfair dismissal - The right to claim damages for the unfair manner of an employee dismissal and Johnson v Unisys 33 Duncombe v Secretary of State for Children, Schools and Families [2011] UKSC 36;
[2011] ICR 495Supreme Court Unfair dismissal - Teachers employed in schools in the European Union under contracts governed by English law and the right to bring proceedings for unfair dismissal in England 34 R (on the application of G) v X School Governors [2011] UKSC 30;
[2012] 1 AC 167Supreme Court Right to a fair trial - Entitlement to legal representation before a school disciplinary hearing 35 R. (on the application of Coke-Wallis) v Institute of Chartered Accountants for England and Wales [2011] UKSC 1;
[2011] 2 AC 146Supreme Court Res judicata - The bringing of a second disciplinary proceedings because the first had failed and res judicata 36 Gisda Cyf v Barratt [2010] UKSC 41;
[2010] ICR 1475Supreme Court Termination - The effective date of termination of a contract of employment 37 Mercer v Alternative Future Group [2022] EWCA Civ 379 Court of Appeal (EWCA Civ) Trade Unions - The Trade Union and Labour Relations (Consolidation) Act 1992 s.146 and whether protection extends to an employee involved in industrial action 38 Kocur v Angard Staffing Solutions Ltd [2022] EWCA Civ 189 Court of Appeal (EWCA Civ) Agency Workers - The Agency Worker Regulations 2010 reg.13 and whether it gives an agency worker the right to be notified of vacancies or the right to apply and to be considered for them 39 Hughes v Rattan [2022] EWCA Civ 107 Court of Appeal (EWCA Civ) Duty of care - The non-delegable duty of care of a dentist who utilised a number of self-employed dentists in his practice 40 Smith v Pimlico Plumbers Ltd [2022] EWCA Civ 70 Court of Appeal (EWCA Civ) Time limits - The time limits for bringing claims for unpaid annual leave on the termination of employment and the correct approach to be taken so as to protect a workers rights under European law 41 Commissioners for Her Majesty's Revenue and Customs v Atholl House Productions Ltd [2022] EWCA Civ 501 Court of Appeal (EWCA Civ) Test for contract of employment - The approach to be taken in deciding whether there was a contract of employment and the tests of mutuality of obligation and control 42 Hoey & Ors v Revenue & Customs [2022] EWCA Civ 656 Court of Appeal (EWCA Civ) Jurisdiction of the FTT and income tax - The calculation of income tax liability and whether or not notional PAYE deductions could be treated as having been made by the End Users. Also, the jurisdiction of the First-tier Tribunal to review the exercise by HMRC of its powers. The only avenue was by judicial review 43 Planon Ltd v Gilligan [2022] EWCA Civ 642 Court of Appeal (EWCA Civ) Restrictive covenants - Non-compete covenants and whether it should be enforced when there was only four months for the non-compete covenant to run 44 Credico Marketing Ltd & Anor v Lambert & Anor [2022] EWCA Civ 864 Court of Appeal (EWCA Civ) Restrictive covenants - Whether a restraint of trade covenant in a commercial context where valuable consideration had been given in the form of services provided and whether or not a post-termination covenant was effective 45 Dwyer (UK Franchising) Ltd v Fredbar Ltd & Anor [2022] EWCA Civ 889 Court of Appeal (EWCA Civ) Restrictive covenants - The enforceability of restrictive covenants and relevance if inequality of bargaining power between the parties 46 Nursing and Midwifery Council v Sommerville [2022] EWCA Civ 229 Court of Appeal (EWCA Civ) Worker - A panel member of the Nursing and Midwifery Council is a worker within the Working Time Regulations 1998 47 Kocur v Angard Staffing Solutions Ltd & Anor [2022] EWCA Civ 189 Court of Appeal (EWCA Civ) Agency worker - An agency worker only had the right to be notified of vacancies, she had no right to be considered for the vacancy 48 Parr v MSR Partners LLP (formerly Moore Stephens LLP) & Ors [2022] EWCA Civ 24 Court of Appeal (EWCA Civ) Age discrimination - When an equity partner was demoted to an ordinary partner on his 60th birthday and brought a claim of age discrimination, time ran from the date of demotion. There was no continuing act, and thus the claim was out of time unless extended on ‘just and equitable’ grounds 49 Smith v Pimlico Plumbers Ltd [2022] EWCA Civ 70 Court of Appeal (EWCA Civ) Entitlement of a worker to claim for unpaid leave - Whether a worker was entitled to claim for unpaid leave on the termination of his contract when he had not been given the opportunity of making a claim for it whilst he was in employment 50 Mercer v Alternative Future Group Ltd & Anor [2022] EWCA Civ 379 Court of Appeal (EWCA Civ) Industrial action - s.146 Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA) does not extend protection to participation in industrial action as a matter of domestic law. "The activities of an independent trade union" protected by s.146(1)(b) do not include participation in lawful industrial action. There was robust protection in Article 11 of the European Convention on Human Rights to those subjected to a detriment for the purposes of penalising or deterring them from taking industrial action 51 Eckland v Chief Constable of Avon and Somerset [2021] EWCA Civ 1961 Court of Appeal (EWCA Civ) Vicarious liability - The liability of the Chief Constable for the decisions of the independent police misconduct panel and the provisions of section 230 (3) (b) Employment Rights Act 1996 52 R (on the application of Motherhood Plan) v HM Treasury [2021] EWCA Civ 1703 Court of Appeal (EWCA Civ) Indirect discrimination - The Self Employment Income Support Scheme brought in because of the coronavirus pandemic and indirect discrimination against women who could not show the same tax history as men 53 Stuart Delivery Ltd v Augustine [2021] EWCA Civ 1514 Court of Appeal (EWCA Civ) Employment status - The employment status of a courier who delivered goods for a company on a timeslot basis which he had to perform personally and s.230 (3) (b) Employment Rights Act 1996 54 R. (on the application of Cornerstone (North East) Adoption and Fostering Services Ltd) v Chief Inspector of Education, Children's Services and Skills (Ofsted) [2021] EWCA Civ 1390 Court of Appeal (EWCA Civ) Discrimination based on sexual orientation - The policy of an evangelical Christian fostering and adoption agency which was not to recruit foster carers who participated in homosexual sex and whether that policy was proportionate 55 Langford v Secretary of State for Defence [2019] EWCA Civ 1271;
[2020] 1 WLR 537Court of Appeal (EWCA Civ) Discrimination - A pension scheme which prevented the surviving partner from obtaining benefits and discrimination 56 Ali v Capita Customer Management Limited [2019] EWCA Civ 900;
[2020] ICR 87Court of Appeal (EWCA Civ) Discrimination - Sex discrimination and male employees whilst on shared parental leave 57 Timis v Osipov [2018] EWCA Civ 2321;
[2019] ICR 655Court of Appeal (EWCA Civ) Whistleblowing - Whether an employee who had been dismissed for making a protected disclosure could bring a claim against a fellow employee and vicarious liability 58 Bellman v Northampton Recruitment Ltd [2018] EWCA Civ 2214;
[2019] ICR 459Court of Appeal (EWCA Civ) Vicarious liability - Vicarious liability for an assault by a senior employee 59 Unite the Union v Nailard [2018] EWCA Civ 1203;
[2019] ICR 28Court of Appeal (EWCA Civ) Agency - Whether locally elected Trades Union officials acted as agents of the union and sexual harassment 60 Abrahall v Nottingham City Council [2018] EWCA Civ 796;
[2018] ICR 1425Court of Appeal (EWCA Civ) Collective agreements - Guidelines for deciding whether an employee had taken a pay cut 61 Pemberton v Inwood [2018] EWCA Civ 564;
[2018] ICR 1291Court of Appeal (EWCA Civ) Discrimination based on sexual orientation - The refusal to grant a parochial licence to a priest and same sex marriages 62 Santos Gomes v Higher Level Care Ltd [2018] EWCA Civ 418;
[2018] ICR 1571Court of Appeal (EWCA Civ) Damages - Jurisdiction of the employment tribunal to award damages for injury to feelings and the Working Time Regulations 63 Wandsworth LBC v Vining [2017] EWCA Civ 1092;
[2018] ICR 499Court of Appeal (EWCA Civ) ECHR - The exclusion of parks police officers from the protection of domestic law and breach of the ECHR 64 Chesterton Global Ltd v Nurmohamed [2017] EWCA Civ 979;
[2018] ICR 731Court of Appeal (EWCA Civ) Whistleblowing - Guidance in whistleblowing cases 65 Pereira de Souza v Vinci Construction UK Ltd [2017] EWCA Civ 879;
[2018] ICR 433Court of Appeal (EWCA Civ) Damages - The 10% uplift in damages and discrimination 66 Harrod v Chief Constable of the West Midlands [2017] EWCA Civ 191;
[2017] ICR 869Court of Appeal (EWCA Civ) Age discrimination - Age discrimination and the retirement of police officers over 30 years of service 67 Lock v British Gas Trading Ltd [2016] EWCA Civ 983;
[2017] ICR 1Court of Appeal (EWCA Civ) Holiday pay - Results-based commission and the Working Time Regulations 68 A v B Local Authority [2016] EWCA Civ 766;
[2016] IRLR 779Court of Appeal (EWCA Civ) Gross misconduct - Dismissal of a headmistress for failing to disclose the relationship with someone convicted of possessing indecent images of children 69 R (on the application of Hottak) v Secretary of State for Foreign and Commonwealth Affairs [2016] EWCA Civ 438;
[2016] 1 WLR 3791Court of Appeal (EWCA Civ) Jurisdiction - Claim by an Afghan citizen working with the UK Armed Forces in Afghanistan and the right to bring proceedings in the UK 70 General Medical Council v Michalak [2016] EWCA Civ 172;
[2016] ICR 628Court of Appeal (EWCA Civ) Jurisdiction - The correct venue for deciding the fairness of procedure for dismissal of a doctor 71 Adeogba v General Medical Council [2016] EWCA Civ 162;
[2016] 1 WLR 3867Court of Appeal (EWCA Civ) Disciplinary procedures - Guidance as to how professional regulators should conduct proceedings in absentia 72 Kiani v Secretary of State for the Home Department [2015] EWCA Civ 776;
[2016] 2 WLR 788Court of Appeal (EWCA Civ) Right to a fair trial - Exclusion and non-disclosure orders and compatibility with article 6 of the European Convention 73 Sharpe v Worcester Diocesan Board of Finance Ltd [2015] EWCA Civ 399;
[2015] ICR 1241Court of Appeal (EWCA Civ) Employment status - A rector of a church and whether an employee or a worker for the purposes of the Employment Rights Act 1996 74 Smith v Carillion (JM) Ltd [2015] EWCA Civ 209;
[2015] IRLR 467Court of Appeal (EWCA Civ) Agency worker - Whether an agency worker who did not have a contract with the end user was either an employee or a worker for the purposes of the Employment Rights Act 1996 75 Benkharbouche v Embassy of Sudan [2015] EWCA Civ 33;
[2015] 3 WLR 301Court of Appeal (EWCA Civ) International law - Whether the State Immunity Act 1978 in preventing employment claims against embassies infringed the ECHR [see Supreme Court] 76 Halawi v WDFG UK Ltd (t/a World Duty Free) [2014] EWCA Civ 1387;
[2015] 1 CMLR 31Court of Appeal (EWCA Civ) Employment status - Whether it was necessary for the putative employee to perform the work personally or be subject to the control of the employer 77 Sunrise Brokers LLP v Rodgers [2014] EWCA Civ 1373;
[2015] ICR 272Court of Appeal (EWCA Civ) Employment contract - Whether a non-compete clause would be enforced 78 Jafri v Lincoln College [2014] EWCA Civ 449;
[2015] QB 781Court of Appeal (EWCA Civ) Procedure - The approach to remittal to the employment tribunal 79 Rowstock Ltd v Jessemey [2014] EWCA Civ 185;
[2014] 1 WLR 3615Court of Appeal (EWCA Civ) Victimisation - Victimisation of a former employee and the Equality Act 2010 80 Ministry of Defence v Kemeh [2014] EWCA Civ 91;
[2014] ICR 625Court of Appeal (EWCA Civ) Vicarious liability - Vicarious liability of the employer for an employee of a sub-contractor 81 MBA v Merton LBC [2013] EWCA Civ 1562;
[2014] 1 WLR 1501Court of Appeal (EWCA Civ) Discrimination - Sunday as a day of rest for religious Christian working in a care home 82 Fox v British Airways Plc [2013] EWCA Civ 972;
[2013] ICR 1257Court of Appeal (EWCA Civ) Unfair dismissal - The loss of death in service benefit and compensation in unfair dismissal claims 83 Sud v Ealing LBC [2013] EWCA Civ 949;
[2013] ICR D39Court of Appeal (EWCA Civ) Discrimination - The deduced effect of counselling and mental disability 84 Singh v Reading BC [2013] EWCA Civ 909;
[2013] 1 WLR 3052Court of Appeal (EWCA Civ) Immunity from suit - Extent of judicial immunity from suit 85 Attrill v Dresdner Kleinwort Ltd [2013] EWCA Civ 394;
[2013] ICR D30Court of Appeal (EWCA Civ) Employment contract - Whether a statement made by the employer about employee bonuses was legally binding 86 Taylor v A Novo (UK) Ltd [2013] EWCA Civ 194;
[2014] QB 150Court of Appeal (EWCA Civ) Tort - Damages for nervous shock 87 Alfa Laval Tumba AB v Separator Spares International Ltd [2012] EWCA Civ 1569;
[2013] 1 WLR 1110Court of Appeal (EWCA Civ) EU law - Jurisdiction under regulation 44/2001 and article 18 (1) EU 88 Nambalat v Taher [2012] EWCA Civ 1249;
[2013] ICR 1024Court of Appeal (EWCA Civ) National Minimum Wage - The National Minimum Wage Regulation 1999 article 2 (2) (a) (ii) and workers as a member of the family 89 NHS v Larner [2012] EWCA Civ 1034;
[2012] 3 CMLR 46Court of Appeal (EWCA Civ) Holiday pay - Workers and annual leave 90 Hospital Medical Group Limited v Westwood [2012] EWCA Civ 1005;
[2013] ICR 415Court of Appeal (EWCA Civ) Employment status - Whether a person was a worker for the purposes of the Employment Rights Act 1996 91 Leach v Office of Communications [2012] EWCA Civ 959;
[2012] ICR 1269Court of Appeal (EWCA Civ) Dismissal - Dismissal of an employee on the grounds of reputational risk 92 Mattu v University Hospitals of Coventry and Warwick NHS Trust [2012] EWCA Civ 641;
[2013] ICR 270Court of Appeal (EWCA Civ) Dismissal - Dismissal of an employee and the employees’ rights under the European Convention 93 Caterpillar Logistics Services (UK) Ltd v Huesca de Crean [2012] EWCA Civ 156;
[2012] ICR 981Court of Appeal (EWCA Civ) Contract of employment - “Barring out” relief and circumstances in which an order would be made 94 R (on the application of Shoesmith) v Ofsted [2011] EWCA Civ 642;
[2011] ICR 1195Court of Appeal (EWCA Civ) Dismissal - The lawfulness of a decision to dismiss the Head of Children Services 95 Credit Agricole Corporate and Investment Bank v Wardle [2011] EWCA Civ 545;
[2011] ICR 1290Court of Appeal (EWCA Civ) Damages - The methodology for award of damages for uplift 96 Ministry of Defence v Wallis [2011] EWCA Civ 231;
[2011] 2 CMLR 42Court of Appeal (EWCA Civ) Jurisdiction - Spouses of military servicemen and entitlement to bring claims in England 97 National Union of Rail, Maritime and Transport Workers v Serco Ltd (t/a Serco Docklands) [2011] EWCA Civ 226;
[2011] ICR 848Court of Appeal (EWCA Civ) Industrial action - Injunctions and strike action 98 Abergwynfi Infant School Governors v Jones [2011] EWCA Civ 92;
[2011] ICR 1415Court of Appeal (EWCA Civ) Vicarious liability - Local education authorities and responsibilities for actions of governing bodies of a school 99 Southern Cross Healthcare Co Ltd v Perkins [2010] EWCA Civ 1442;
[2011] ICR 285Court of Appeal (EWCA Civ) Jurisdiction - The jurisdiction of the employment tribunal and the construction of contracts of employment 100 McMaster v Antrim B.C. [2010] NICA 45 Court of Appeal (NICA) Time limits - The successful resort to appeal procedures and the impact on time limits 101 R (on the application of Tilianu) v Social Fund Inspector [2010] EWCA Civ 1397 Court of Appeal (EWCA Civ) Right of residence - EU citizens and the right to reside in the UK after ceasing to work as self-employed workers 102 Malone v British Airways Plc [2010] EWCA Civ 1225 Court of Appeal (EWCA Civ) Collective agreements - Collective agreements and individual enforceability 103 Seldon v Clarkson Wright & Jakes [2010] EWCA Civ 899 Court of Appeal (EWCA Civ) Age discrimination - Compulsory retirement of a partner and the Employment Equality (Age) Regulations 2006 104 Timbrell v Secretary of State for Work and Pensions [2010] EWCA Civ 701 Court of Appeal (EWCA Civ) Discrimination - Gender reassignment surgery from male to female and failure to implement Directive 79/7 105 McFarlane v Relate Avon Ltd [2010] EWCA Civ 880 Court of Appeal (EWCA Civ) Discrimination - The Christian beliefs of a counsellor who refused to help same sex couples and the Employment Equality (Religion or Belief) Regulations 2003 106 Revenue and Customs Commissioners v Ruas [2010] EWCA Civ 291 Court of Appeal (EWCA Civ) Right to claim child benefit - A non-UK national’s entitlement to claim child benefit for children living in the national’s country 107 Eweida v British Airways Plc [2010] EWCA Civ 80 Court of Appeal (EWCA Civ) Discrimination - Indirect religious discrimination and the prohibition of a member of staff from wearing a cross on her uniform 108 Alemo–Herron v Parkwood Leisure Ltd [2010] EWCA Civ 24 Court of Appeal (EWCA Civ) Collective agreements - Collective agreements for a pay rise and TUPE 109 Ladele v Islington BC [2009] EWCA Civ 1357 Court of Appeal (EWCA Civ) Discrimination - The refusal to register same sex marriages and religious discrimination 110 Abbey National Plc v Chagger [2009] EWCA Civ 1202 Court of Appeal (EWCA Civ) Unfair dismissal - Unfair dismissal of an employee who subsequent employers would not employ and stigma damages 111 Metro Bus Ltd v Unite the Union [2009] EWCA Civ 829 Court of Appeal (EWCA Civ) Industrial action - The requirements imposed on trade unions by the Trades Union and Labour Relations (Consolidation) Act 1992 and proportionality 112 Rolls-Royce Plc v Unite the Union [2009] EWCA Civ 387 Court of Appeal (EWCA Civ) Collective agreements - Length of service in a collective agreement and redundancy 113 Secretary of State for Business, Enterprise and Regulatory Reform v Neufeld [2009] EWCA Civ 280 Court of Appeal (EWCA Civ) Status of employee - The Court of Appeal gave general guidance as to when a shareholder or controlling shareholder and director of a company was also an employee 114 Tabernacle v Secretary of State for Defence [2009] EWCA Civ 23 Court of Appeal (EWCA Civ) Freedom of expression - The Atomic Weapons Establishment (AWE) Aldermaston Byelaws 2007 and the infringement of the rights to freedom of expression and association 115 Barry v Southwark LBC [2008] EWCA Civ 1440 Court of Appeal (EWCA Civ) Temporary workers - The employment of a Dutch national as a steward at a tennis tournament in the UK and whether a worker eligible for housing assistance 116 English v Thomas Sanderson Blinds Ltd [2008] EWCA Civ 1421 Court of Appeal (EWCA Civ) Discrimination - The use of anti-homosexual language where the recipient was not homosexual and infringement of the Employment Equality (Sexual Orientation) Regulations 2003 117 Oyarce v Cheshire CC [2008] EWCA Civ 434 Court of Appeal (EWCA Civ) Burden of proof - The reverse burden of proof and claims of victimisation 118 R. (on the application of Raissi) v Secretary of State for the Home Department [2008] EWCA Civ 72 Court of Appeal (EWCA Civ) Extradition - The ex-gratia scheme used by the Home Office and whether it applied to both those detained as a result a wrongful conviction and those detained because of extradition
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