England and Wales Case Law

Dr Susan Gilby v Countess of Chester Hospital NHS Foundation Trust & Anor

The claimant made protected disclosures in the public interest regarding the second respondent’s conduct. The respondents subjected her to detriments, including exclusion, denial of access to materials, and engineered her exit, all materially influenced by her protected disclosures. The respondents’ conduct breached the implied term of trust and confidence, entitling the claimant to resign. Her resignation was a constructive dismissal, which was both unfair and automatically unfair under s.103A ERA as the principal reason was her protected disclosures.

Source excerpt

• Constructive dismissal
• Unfair dismissal
• Protected disclosure
• Detriment
• Breach of trust and confidence
• Suspension

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Unilever De Centroamerica SA de CV v A Pirie

The EAT allowed the appeal, holding that the tribunal had to make findings on whether a UK BFS role was actually available when assessing remedy.

• Unfair dismissal
• Remedy hearing
• Protected disclosures
• Compensatory award
• Polkey reduction
• Unfair-dismissal

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Office Equipment Systems Ltd v Hughes

The Court of Appeal held that a defaulting respondent should generally be allowed to make submissions on remedy in a substantial employment claim.

• Unfair dismissal
• Sex discrimination
• Default judgment
• Remedy hearing
• Extension of time
• Costs

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Taiwo v Department for Education

Taiwo v Department for Education [2015] EWCA Civ 808 (24 June 2015)

Court of Appeal refused permission to appeal in an employment case, holding there was no arguable point of law and no basis to disturb the tribunal’s findings.

• Disability discrimination
• Unfair dismissal
• Remedy hearing
• Reinstatement
• Re-engagement
• Employment-law

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