Case: McTigue v University Hospital Bristol NHS Foundation Trust UKEAT/0354/15 A whistleblower is defined as an individual who raises concerns about misconduct or wrongdoing within an organisation. Whistleblowers are afforded a certain amount of protection and can make claims to an Employment Tribunal after being dismissed or victimised following a [...]
Clyde & Co LLP and another v Bates van Winkelhof The General Issues: What is the Importance of being a ‘worker’? The legal status, and rights therein, afforded to ‘workers’ is far more beneficial than that given to others, except for ‘employees’. This is why, in 2017, Deliveroo riders opposed [...]
Case: Initial Services Ltd v Putterill and another [1968] 1 QB 396 By Stefanie Stefanova General rule: Employees must not disclose to a third party any confidential information which they have acquired during the course of their employment. The information belongs to the employer and should be kept confidential. Exceptions: [...]
The Employment Rights Act 1996 (ERA 1996) protects whistleblowers, however, there are often blurred lines on the extent to which it protects them. The term whistleblower is defined on the Government website as: A worker or employee and that reports certain types of wrongdoing. This will usually be something they’ve [...]
Case: British Home Stores Ltd v Burchell [1978] ICR 303 (EAT) Facts Miss Burchell was an employee at British Home Stores which had a scheme in place for staff purchases. The store suspected that Miss Burchell was abusing the scheme which led to her dismissal following investigations conducted by [...]
Case: Robinson v Combat Stress [2014] UKEAT 0310_14_0572 Facts: Miss Robinson was a registered Mental Health Nurse at Combat Stress – a facility that provided therapy for military veterans of both sexes. She was dismissed because of three events that Combat Stress perceived to be cumulative. The events were: 1) [...]
Case: Sabir v Osei-Kwabena [2015] EWCA Civ 1213 by Isam Rumzan Facts The claimant, a pregnant woman, exited from a car and walked to the rear of it before stepping out into the road in order to cross. The claimant did not stop at the kerbside before crossing out into [...]
Case: Smith v Glasgow City District Council [1987] ICR 796 by Gina Skandari, Student Lawyer Mr Smith worked at Glasgow City Council as a deputy General Manager in the Building and Works Department. The director of this department resigned but his post remained vacant; Mr Smith took over his duties alongside his [...]
Case: Lewington v The Motor Insurers’ Bureau [2017] EWHC 2848 (Comm) By Hennah Abbas - Student Lawyer Be it a tractor knocking you off a ladder or a mobility scooter driving into you, for years the Motor Insurers’ Bureau have relied and succeeded with the defence that ‘off road [...]
