In this issue of our monthly employment case law update, we round up ten of the most interesting and noteworthy cases for employers from the past 12 months. Given the breadth of developments in employment law during 2022, shortlisting only ten cases was a particular challenge, but our monthly case law updates continue to be available on our website for your reference.
1. Rodgers v Leeds Laser Cutting Ltd
COVID-related dismissal
This year saw cases dealing with COVID-related dismissals, disciplinaries and return to work disputes start to come before the employment tribunal. In this case, the EAT found, on the facts, that the claimant, did not have a reasonable belief that there were substantial and impending dangers at work or elsewhere. Read our full case review here.
A further case from Scotland dealing with long COVID was Burke v Turning Point Scotland.
2. Smith v Pimlico Plumbers Ltd
Holiday pay
Earlier this year, the long-running case between Smith and Pimlico Plumbers saw the Court of Appeal decide on the matter of holiday pay in relation to employment status. Read our full case review here.
On the subject of holiday pay – the case of Harpur Trust v Brazel brought significant change to holiday entitlement for those working unfixed hours.
3. Forstater v CGD Europe
Gender critical belief discrimination
The Employment Appeal Tribunal established that gender-critical views are protected as a belief under the Equality Act 2010. Read our full case review here. Other notable 2022 cases on this developing area of law include Bailey v Stonewall Equality Ltd and others, and Mackereth v DWP.
4. Kong v Gulf International Bank Ltd
Whistleblowing
The Court of Appeal confirmed the conduct of a whistleblower when making a protected disclosure is a material consideration. Read our full case review here.
5. Kocur v Angard Staffing Solution Ltd
Agency worker rights
The Court of Appeal gave clarity about the recruitment rights of agency workers. Read our full case review here.
6. Mogane v Bradford Teaching Hospitals NHS Foundation Trust
Employee consultation
This decision reminds employers of the importance of meaningful redundancy consultation that allows affected employees the opportunity to influence the outcome, even where the redundancy pool is only one employee. Read our full case review here.
7. Allen v Primark Stores Ltd
Indirect discrimination
The EAT confirmed the comparison pool for indirect discrimination claims must relate to precise PCP pleaded by claimant. Read our full case review here.
8. Macken v BNP Paribas
Equal pay & sex discrimination
The remedy hearing saw a payout of £2,080,000 in damages, which included £15,000 of aggravated damages, and an order for the employer to undertake an equal pay audit. Read our full case review here.
9. R v Andrewes
Lying on CV
This Supreme Court decision deals with the confiscation regime under the Proceeds of Crime Act 2022. Read our full case review here.
10. Marangakis v Iceland Food Ltd
Vanishing dismissal
The EAT considered circumstances where a disciplinary appeal is successful and the preceding dismissal is therefore regarded as having effectively ‘vanished’. Read our full case review here.
Need assistance?
If you have a question about employment case law and the impact of tribunal and court decisions on your business, DavidsonMorris’ experienced employment lawyers can help. Working closely with our specialist human resource colleagues, we offer a holistic advisory and support service for employers encompassing both the legal and people risks of workforce management. Speak to our experts today for advice.
Last updated: 29 December 2022
Author
Founder and Managing Director Anne Morris is a fully qualified solicitor and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with UK operations to meet their workforce needs through corporate immigration.
She is a recognised by Legal 500and Chambers as a legal expert and delivers Board-level advice on business migration and compliance risk management as well as overseeing the firm’s development of new client propositions and delivery of cost and time efficient processing of applications.
Anne is an active public speaker, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals
