Employment Law Vault

Can a contract that allows for a discretionary bonus be varied so the employee becomes contractually entitled to that bonus? Yes, concluded the EAT in  Bluestones Medical Recruitment Ltd v Swinnerton . But a claim on that basis cannot succeed unless...

When deciding whether to make a Restricted Reporting Order in a sexual misconduct case, can the tribunal take into account the need to protect alleged perpetrators? Yes, held the EAT in  A & B v X, Y and Times Newspapers Ltd . The facts of this...

Must findings of fact be made for everything in the list of issues even where no evidence has been given? No, held the EAT in  Kouchalieva v LBTH . At a preliminary hearing, a list of issues was agreed but, at the final hearing, the unrepresented...

Can the directors of a limited company be personally liable for its breaches of an employment contract? Yes, held the High Court in  Antuzis v DJ Houghton . The Claimants were employed by Houghton in an exploitative manner, working extremely long...

Was dismissing a managing director without holding an investigation meeting unfair, the basis for dismissal being that he had been found not to have been a credible witness at an employment tribunal? Not on those facts, held the EAT in  Radia v...

Where an employer was contractually obliged to provide an employee with long-term disability benefits until his "return to work", did that mean the entitlement would cease once he was capable of taking up some kind of paid employment? No,...

Did an employee's lengthy suspension ground a claim for whilstleblowing detriment or race discrimination? Not on the facts of this case, held the EAT in Uwalaka v Southern Health Foundation NHS Trust . Mr Uwalaka was an agency worker employed by NHS...

Can a complete, non-discriminatory explanation for an action exclude the possibility of discrimination claim? Not necessarily, held the Court of Appeal in  Iwuchukwu v City Hospitals Sunderland NHS Foundation Trust . The Claimant was a consultant...

Must an employer postpone a disciplinary hearing pending the outcome of a police investigation into an employee? No, in almost all circumstances, held the Court of Appeal in  North West Anglia NHS Foundation Trust v Gregg . The Claimant was a doctor...

Was adverse treatment of a gay Head Teacher a constructive dismissal and sexual orientation discrimination? Yes, held the EAT in  Tywyn Primary School v Aplin . Mr Maplin was an openly gay primary school Head Teacher. He met two 17 year old males on...