England and Wales Case Law

Chief Constable of Derbyshire Constabulary (R, on the application of) v Police Misconduct Panel

The Panel's findings on the content and effect of the telephone calls were adequately reasoned and within the range of reasonable decisions, but its decision to impose a final written warning rather than dismissal was inadequately explained and inconsistent with its own findings regarding the failure to follow a superior officer's advice and the seriousness of the harm, thus requiring the outcome decision to be quashed and remitted for reconsideration.

Source excerpt

• Judicial review of disciplinary decisions
• Police misconduct
• Adequacy of reasons
• Sanctions in professional misconduct
• Standard of proof in disciplinary proceedings

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Ian Paul McKavney v Serco Group Plc & Ors

The appellant was not entitled to early payment of his SPLAS pension because his employment was transferred under TUPE, not terminated by redundancy or reorganisation as required by the scheme rules. The rules, properly construed in light of the PPR and the scheme's purpose, did not provide for immediate pension payment on transfer or subsequent redundancy from a non-associated employer. The Ombudsman’s determination was correct in law.

Source excerpt

• Interpretation of pension scheme rules
• Protected persons regulations
• Tupe transfers and pension rights
• Early retirement benefits
• Redundancy and reorganisation in pension context

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The Laurels Family Assessment Limited v M Y Kay

The majority of the employment tribunal properly found, on the evidence, that the claimant made protected disclosures to her employer and the independent visitor, and that the principal reason for her dismissal was those disclosures. The tribunal's findings were not perverse, nor was its reasoning inadequate. The employer's appeal was dismissed.

Source excerpt

• Unfair dismissal
• Protected disclosures
• Whistleblowing
• Automatic unfair dismissal
• Detrimental treatment
• Employment rights

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Bilal Miah v London Ambulance Service NHS Trust

The EAT dismissed an appeal where the claimant tried to run a new argument not advanced in the Employment Tribunal and showed no exceptional reason to do so.

• Grounds of appeal
• New arguments on appeal
• Unlawful deductions from wages
• Preparation time order
• Employment appeal tribunal practice direction
• Grounds-of-appeal

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Grantham v Bournemouth, Christchurch and Poole Council

The EAT dismissed Mr Grantham’s appeal, holding that any failure to consider medical evidence about autism was not material to the strike out and reconsideration decisions.

• Strike out
• Unless order
• Reconsideration
• Reasonable adjustments
• Disability discrimination
• Unfair dismissal

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Re Fulmar Contracting Ltd (in liquidation)

Liquidators’ claims against two doctors failed: no proven employment contracts and no transaction at an undervalue where the payments had already been accounted for to HMRC.

• Transaction at an undervalue
• Compulsory liquidation
• Umbrella company
• Employment contract formation
• Paye and nics
• Self-assessment tax returns

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Muchererah v Rushcliffe Independent Hospitals (Kegworth) Ltd

The Employment Appeal Tribunal dismissed an appeal against findings on protected disclosures, health and safety dismissal, statutory rights, and wages.

• Protected disclosures
• Automatic unfair dismissal
• Health and safety dismissal
• Assertion of statutory right
• Unlawful deduction from wages
• Perversity appeal

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ABC v Huntercombe (no.12) Limited & Ors

The Court of Appeal held that TUPE 2006 regulation 4(2)(a) does not transfer an employer’s vicarious liability to third parties for pre-transfer torts by employees.

• Tupe
• Vicarious liability
• Transfer of undertaking
• Construction of regulation 4(2)(a)
• Employee liability information
• Vicarious-liability

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Next Retail Ltd v M Thandi & Ors

Employer equal pay appeal partly succeeded: the EAT upheld most findings on particular disadvantage and direct discrimination, but overturned the basic pay justification analysis.

• Equal pay
• Material factor defence
• Direct discrimination
• Indirect discrimination
• Particular disadvantage
• Proportionality

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B Kristensen v Portman Healthcare Limited

The EAT allowed an appeal in part in a whistleblowing and unfair dismissal case, correcting errors on principal reason, suspension, and limitation issues.

• Unfair dismissal
• Whistleblowing
• Protected disclosure detriment
• Wrongful dismissal
• Limitation under section 48 era
• Employment tribunal reasons and meek compliance

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