Employment Rights in UK Law

Leading Cases
  • Lawson v Serco Ltd; Botham v Ministry of Defence; Crofts v Veta Ltd
    • House of Lords
    • 27 Gennaio 2006

    Putting the question in the traditional terms of the conflict of laws, what connection between Great Britain and the employment relationship is required to make section 94(1) the appropriate choice of law in deciding whether and in what circumstances an employee can complain that his dismissal was unfair?

  • Stringfellow Restaurants Ltd v Nadine Quashie
    • Court of Appeal (Civil Division)
    • 21 Dicembre 2012

    But there are some circumstances where a worker works intermittently for the employer, perhaps as and when work is available. There is in principle no reason why the worker should not be employed under a contract of employment for each separate engagement, even if of short duration, as a number of authorities have confirmed: see the decisions of the Court of Appeal in Meechan v Secretary of State for Employment [1997] IRLR 353 and Cornwall County Council v Prater [2006] IRLR 362.

  • Secretary of State for Trade and Industry v Bottrill
    • Court of Appeal (Civil Division)
    • 12 Febbraio 1999

    If the tribunal concludes that the contract is not a sham, it is likely to wish to consider next whether the contract, which may well have been labelled a contract of employment, actually gave rise to an employer/employee relationship. This is not the same question as that relating to whether there is a controlling shareholding. This is not the same question as that relating to whether there is a controlling shareholding.

  • Express & Echo Publications Ltd v Tanton
    • Court of Appeal (Civil Division)
    • 11 Marzo 1999

    Of course, it is important that the Industrial Tribunal should be alert in this area of the law to look at the reality of any obligations. If there is a term that is inherently inconsistent with the existence of a contract of employment, what actually happened from time to time may not be decisive, given the existence of that term.

  • Western Excavating (ECC) Ltd v Sharp
    • Court of Appeal (Civil Division)
    • 14 Novembre 1977

  • Powerhouse Retail Ltd v Burroughs; Preston and Others v Wolverhampton Healthcare NHS Trust and Others (No 3)
    • House of Lords
    • 08 Marzo 2006

    Mr Cavanagh said that some lack of legal certainty was inevitable, given that the time limit ran not from the date of the breach or from loss sustained as a result of it but from the end of the employment. He gave various examples of how uncertainty could arise even on the respondents' interpretation of section 2(4). I think that on balance greater uncertainty is likely to be produced by the appellants' interpretation of it.

  • Royal Mail Ltd v Kamaljeet Jhuti
    • Supreme Court
    • 27 Novembre 2019

    If a person in the hierarchy of responsibility above the employee (here Mr Widmer as Ms Jhuti's line manager) determines that, for reason A (here the making of protected disclosures), the employee should be dismissed but that reason A should be hidden behind an invented reason B which the decision-maker adopts (here inadequate performance), it is the court's duty to penetrate through the invention rather than to allow it also to infect its own determination.

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Legislation
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Books & Journal Articles
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Law Firm Commentaries
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Forms
  • T426)
    • HM Courts & Tribunals Service court and tribunal forms
    Includes the refund form for claimants.
    ... ... register at https://www.gov.uk/employment-tribunal-decisions ... Presidential Guidance ... Under the Employment ... that the respondent’s breach of the claimant’s employment rights had ‘one or ... more aggravating features’. The minimum amount of any ... ...
  • T422)
    • HM Courts & Tribunals Service court and tribunal forms
    Includes the refund form for claimants.
    ...Responding to a claim to an Employment Tribunal ... Presidential Guidance ... Under the Employment Tribunal Rules ... breach of a claimant’s rights had not occurred. The majority of jurisdictions (types of claim) ... do ... ...
  • T423)
    • HM Courts & Tribunals Service court and tribunal forms
    Includes the refund form for claimants.
    ...Responding to a claim to an Employment Tribunal ... (Details of a hearing to be sent) ... Presidential Guidance ... breach of a claimant’s rights had not occurred. The majority of jurisdictions (types of claim) ... do ... ...
  • Make a claim with others to an employment tribunal
    • HM Courts & Tribunals Service court and tribunal forms
    Includes the refund form for claimants.
    ... ... 10.1 If your claim consists of, or includes, a claim that you are making a protected disclosure under the Employment ... Rights Act 1996 (otherwise known as a ‘whistleblowing’ claim), please tick the box if you want a copy of this ... form, or information from it, to be ... ...
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