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England and Wales Case Law

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Employment law

F Ngole v Touchstone Leeds

The EAT held that the tribunal erred in part on direct religion or belief discrimination and remitted the case for further analysis of the reasons for treatment.

  • Direct discrimination
  • Religion or belief discrimination
  • Freedom of expression
  • Manifestation of belief
  • Proportionality
  • Burden of proof
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Employment law

A Perkins v Marston (Holdings) Limited

Equal pay appeal on the material factor defence under s.69 Equality Act 2010. The EAT found error in the indirect discrimination analysis and remitted the case.

  • Equal pay
  • Material factor defence
  • Indirect discrimination
  • Justification
  • Burden of proof
  • Equal-pay
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Employment law

Golam Chowdhury v Network Rail Infrastructure Limited

The EAT dismissed an employee’s disability discrimination appeal, upholding findings that redeployment, training, delay, or helpdesk placement were not reasonable adjustments.

  • Reasonable adjustments
  • Discrimination arising from disability
  • Dismissal
  • Redeployment
  • Burden of proof
  • Proportionality
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Employment law

J Logo v Payone GmbH & Ors

The Employment Tribunal erred by striking out the indirect discrimination claims without conducting a sufficiently critical and thorough evaluation of justification, failing to balance the discriminatory effect against the employer's needs, and relying on a summary process inappropriate for fact-sensitive discrimination complaints.

  • Indirect discrimination
  • Race discrimination
  • Justification
  • Strike out procedure
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Employment law

Lydia Edwards v Pick Everard

The Employment Appeal Tribunal dismissed a disability discrimination appeal, holding that the tribunal had made open findings on detriment, causation, justification, and reasonable adjustments.

  • Direct discrimination
  • Discrimination arising from disability
  • Reasonable adjustments
  • Disciplinary process
  • Justification
  • Disability-discrimination
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Employment

D McGonagle v Jaguar Land Rover Limited

An EAT appeal against refusal to reconsider an age discrimination judgment was allowed because the claimant had not had a fair chance to address a parity point.

  • Age discrimination
  • Justification
  • Reconsideration procedure
  • Age-discrimination
  • Employment-appeal-tribunal
  • Reconsideration-procedure
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Employment law

Dr David Mackereth v The Department for Work and Pensions & Anor

The EAT dismissed Dr Mackereth’s appeal in a religion-or-belief discrimination case, holding the tribunal erred on protected belief but not on the alternative findings.

  • Religion or belief discrimination
  • Direct discrimination
  • Harassment
  • Indirect discrimination
  • Protected characteristics
  • Justification
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Defamation

Ramadhar v Ramadhar and others (Trinidad and Tobago)

Privy Council held that a politician’s press conference statements were qualified by references to an investigation and did not impute guilt; appeal allowed.

  • Political speech
  • Qualified privilege
  • Fair comment
  • Justification
  • Malice
  • Meaning of defamatory statements
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Defamation

Nugent and another v Willers

The Privy Council held that section 30A delay is assessed from expiry of the limitation period, but upheld the discretion allowing a late libel claim to proceed.

  • Limitation period
  • Discretionary exclusion
  • Abuse of process
  • Qualified privilege
  • Justification
  • Malice
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Defamation

Stocker v Stocker

Defamation appeal over Facebook comments between former spouses. The Court of Appeal upheld the trial judge on meaning, publication, and justification.

  • Libel
  • Publication
  • Meaning of words
  • Justification
  • Social media liability
  • Defamation
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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.