Employment Rights in UK Law

Leading Cases
  • Lawson v Serco Ltd; Botham v Ministry of Defence; Crofts v Veta Ltd
    • House of Lords
    • 27 January 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 December 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 February 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 March 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.

  • Copsey v WWB Devon Clays Ltd
    • Court of Appeal (Civil Division)
    • 25 July 2005

    At the outset the limited context in which the Article 9 point arises should be stressed. It is an unfair dismissal claim brought in an employment tribunal against a private sector employer under the Employment Rights Act 1996 (the 1996 Act). The dismissal arose out of a dispute with the employer about the employee's working hours. In view of the some of the sweeping submissions made to the tribunals below and to this court, it should be made clear what the case is not about.

  • HM Revenue and Customs v Stringer (sub nom Commissioners of Inland Revenue v Ainsworth)
    • House of Lords
    • 10 June 2009

    In these appeals, however, the parallel between the statutory right to paid annual leave and a contractual right to holidays with pay is to my mind much clearer and closer. It is not less close because of the Working Time Directive's emphasis on health and safety at work. Similar thinking has for many years informed the approach of responsible employers in framing contractual terms of employment. Moreover in each case the remedy would be an order for payment of the liquidated sum due.

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

    If theemployer is guilty of conduct which is a significant breach going to the root of the contract of employment; or which shows that the employer no longer intends to be bound by one or more of the essential terms of the contract; then the employee is entitled to treat himself as discharged from any further performance. If he does so, then he terminates the contract by reason of the employer's conduct.

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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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