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England and Wales Case Law

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Employment-law

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
  • Appeals-procedure
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Employment-law

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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Employment-law

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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Insolvency

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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Employment-law

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
  • Employment-transfer
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Employment-law

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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Employment-law

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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Employment-law

M Jarosinski v Nestle UK Ltd

The EAT dismissed Mr Jarosinski’s appeal, holding that Nestle’s consolidated response was valid, any objection was waived, and the 100% remedy deductions were adequately reasoned.

  • Reconsideration
  • Et3-response
  • Consolidated-claims
  • Unfair-dismissal-remedy
  • Polkey-reduction
  • Contributory-fault
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Employment-law

M Nowak v Evtec Aluminium Ltd

The EAT dismissed Mr Nowak’s appeal against rejection of race discrimination and victimisation claims, and found no live Working Time Regulations complaint.

  • Race-discrimination
  • Victimisation
  • Direct-discrimination
  • Working-time-regulations
  • Burden-of-proof
  • Detriment
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Employment-law

E Komeng v National Highways Limited

The EAT held that a fixed-term employee's exclusion from training could amount to less favourable treatment without a separate detriment finding, but the appeal failed on justification and time.

  • Fixed-term-employment
  • Less-favourable-treatment
  • Objective-justification
  • Unfair-dismissal
  • Discrimination
  • Employment-training
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England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.