Subject: Employment Law

Compiled By: Philip Engelman - Philip Engelman is a Barrister and Recorder (Deputy Judge)

Last Updated: 21 June 2022

BAILII’s OpenLaw Project supports legal education by making leading cases freely and openly available on the internet. The Employment Law list is current up to the Last Updated date above and may not include recent decisions. If the citation column does not include a hyperlink, then copyright restrictions prevent BAILII from publishing the judgment (missing cases may be available on other commercial/paywalled sites). Please send all comments, corrections or suggested revisions to openlaw@bailii.org.

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Number Case Citation Court Level Nutshell Descriptor
1 Kostal UK Ltd v Dunkley [2021] UKSC 47 Supreme Court Collective agreements - The making of an offer to employees directly while there was a collective bargaining procedure in place which had not been completed and s. 145B Trade Union and Labour Relations Consolidation act 1992
2 Anwar v Advocate General for Scotland [2021] UKSC 44 Supreme Court EU principles of effectiveness - The power of the Court of Session or sheriff court to grant interim relief to a successful claimant in an employment tribunal claim for discrimination and harassment and whether the necessity to go to the Court of Session or sheriff court to obtain such relief was a breach of the EU principles of effectiveness and equivalence
3 Royal Mencap Society v Tomlinson-Blake [2021] UKSC 8;
[2021] ICR 758
Supreme Court National Minimum Wage - Care home workers and entitlement to the National Minimum Wage
4 Uber BV v Aslam [2021] UKSC 5;
[2021] ICR 657
Supreme Court Employment status - Private hire drivers and workers for the purposes of the Employment Rights Act 1998
5 WM Supermarkets Plc v Various Claimants [2020] UKSC 12;
[2020] AC 989
Supreme Court Misuse of private information - Vicarious liability of the employer for the torts of misuse of private information and breach of confidence committed by its employees
6 Gilham v Ministry of Justice [2019] UKSC 44;
[2019] 1 WLR 5905
Supreme Court Whistleblowing - Judicial officers and entitlement to rely on whistleblowing protection
7 Tillman v Egon Zehnder Ltd [2019] UKSC 32;
[2020] AC 154
Supreme Court Restrictive covenants - The correct approach to the blue pencil test in restrictive covenant cases
8 Williams v Trustees of Swansea University Pension Assurance Scheme [2018] UKSC 65;
[2019] 1 WLR 93
Supreme Court Disability discrimination - Disabled employees taking retirement because of disability and discrimination
9 Pimlico Plumbers Ltd v Smith [2018] UKSC 29;
[2019] AC 649
Supreme Court Employment status - Requirement to perform services personally and “worker”
10 Morris-Garner v One Step (Support) Ltd [2018] UKSC 20;
[2019] AC 649
Supreme Court Damages - Bases of the award of damages for breach of a restraint of trade clause
11 Michalak v General Medical Council [2017] UKSC 71;
[2017] 1 WLR 4193
Supreme Court Judicial review - The availability of judicial review in respect of decisions of the General Medical Council and the right to go to the employment tribunal [see Court of Appeal]
12 P v Commissioner of Police of the Metropolis [2017] UKSC 65;
[2018] ICR 560
Supreme Court Judicial immunity - A police officer’s claim against the Commissioner and the judicial immunity of the misconduct panel
13 Benkharbouche v Secretary of State for Foreign and Commonwealth Affairs [2017] UKSC 62;
[2019] AC 777
Supreme Court International law - The State Immunity Act 1978 and immunity from suit [see Court of Appeal]
14 Reyes v Al–Malki [2017] UKSC 61;
[2019] AC 735
Supreme Court Diplomatic immunity - Diplomatic immunity and a claim for human trafficking brought by a former employee
15 R (on the application of Unison) v Lord Chancellor [2017] UKSC 51;
[2020] AC 869
Supreme Court Access to justice - Whether the Employment Tribunal and Employment Appeals Tribunal Order 2003 was unlawful
16 Walker v Innospec Ltd [2017] UKSC 47;
[2017] ICR 1077
Supreme Court Pensions - The restriction permitted by the Equality Act 2010 on the payment of a pension to same sex partners and European law
17 Essop v Home Office (UK Border Agency) [2017] UKSC 27
[2017] 1 WLR 1343
Supreme Court Indirect discrimination - Proof of a provision, criterion or practice and a claim for indirect discrimination
18 Mohamud v WM Morrison Supermarkets Plc [2016] UKSC 11;
[2016] AC 677
Supreme Court Vicarious liability - Vicarious liability for an assault carried out by an employee and the “close connection test”
19 Cox v Ministry of Justice [2016] UKSC 10
[2016] AC 660
Supreme Court Vicarious liability - Vicarious liability of the Ministry of Justice for a prisoner
20 Allen v Hounga [2014] UKSC 47;
[2014] 1 WLR 2889
Supreme Court Discrimination - Public policy and the defence of illegality in a claim for racial discrimination
21 FHR European Ventures LLP v Cedar Capital Partners LLC [2014] UKSC 45;
[2015] AC 250
Supreme Court Breach of fiduciary duty - An agent who was a fiduciary and took a bribe and constructive trust
22 South Lanarkshire Council v Scottish Information Commissioner [2013] UKSC 55;
[2013] 1 WLR 2421
Supreme Court Freedom of information - Disclosure of information to a journalist by the Information Commissioner and the Data Protection Act 1998
23 Moore v President of the Methodist Conference [2013] UKSC 29;
[2013] 2 AC 163
Supreme Court Employment status - Ministers of the Methodist church and whether or not they are employees
24 Department of Constitutional Affairs v O’Brien [2013] UKSC 6
[2013] 1 WLR 522
Supreme Court Employment status - Whether part-time judges are workers for purposes of the Part-time Workers (Less Favourable Treatment) Regulations 2000
25 X v Mid Sussex Citizens Advice Bureau [2012] UKSC 59;
[2013] 2 CMLR 16
Supreme Court Employment status - Voluntary advice workers and European Law
26 Geys v Societe Generale [2012] UKSC 63;
[2013] 1 AC 523
Supreme Court Contract repudiation - When a repudiation of a contract by one party takes effect
27 Abdulla v Birmingham City Council [2012] UKSC 47;
[2012] ICR 1419
Supreme Court Time limits - The jurisdiction of the High Court and claims that would be time-barred in the employment tribunal
28 Hewage v Grampian Health Board [2012] UKSC 37;
[2012] ICR 1054
Supreme Court Burden of proof - The burden of proof in race and sex discrimination cases
29 R (on the application of Alvi) v Secretary of State for the Home Department [2012] UKSC 33;
[2012] 1 WLR 2208
Supreme Court Immigration rules - The application of immigration policy or rules and the need to be laid before Parliament
30 Seldon v Clarkson, Wright & Jakes [2012] UKSC 16
[2012] ICR 716
Supreme Court Age discrimination - The approach to direct and indirect age discrimination and mandatory retirement age of 65 [see Court of Appeal]
31 Edwards v Chesterfield Royal Hospital NHS Foundation Trust [2011] UKSC 58;
[2012] 2 AC 22
Supreme Court Unfair dismissal - The right to claim damages for the unfair manner of an employee dismissal and Johnson v Unisys
32 Duncombe v Secretary of State for Children, Schools and Families [2011] UKSC 36;
[2011] ICR 495
Supreme Court Unfair dismissal - Teachers employed in schools in the European Union under contracts governed by English law and the right to bring proceedings for unfair dismissal in England
33 R (on the application of G) v X School Governors [2011] UKSC 30;
[2012] 1 AC 167
Supreme Court Right to a fair trial - Entitlement to legal representation before a school disciplinary hearing
34 R. (on the application of Coke-Wallis) v Institute of Chartered Accountants for England and Wales [2011] UKSC 1;
[2011] 2 AC 146
Supreme Court Res judicata - The bringing of a second disciplinary proceedings because the first had failed and res judicata
35 Gisda Cyf v Barratt [2010] UKSC 41;
[2010] ICR 1475
Supreme Court Termination - The effective date of termination of a contract of employment
36 Mercer v Alternative Future Group [2022] EWCA Civ 379 Court of Appeal (EWCA Civ) Trade Unions - The Trade Union and Labour Relations (Consolidation) Act 1992 s.146 and whether protection extends to an employee involved in industrial action
37 Kocur v Angard Staffing Solutions Ltd  [2022] EWCA Civ 189 Court of Appeal (EWCA Civ) Agency Workers - The Agency Worker Regulations 2010 reg.13 and whether it gives an agency worker the right to be notified of vacancies or the right to apply and to be considered for them
38 Hughes v Rattan [2022] EWCA Civ 107 Court of Appeal (EWCA Civ) Duty of care - The non-delegable duty of care of a dentist who utilised a number of self-employed dentists in his practice
39 Smith v Pimlico Plumbers Ltd [2022] EWCA Civ 70 Court of Appeal (EWCA Civ) Time limits - The time limits for bringing claims for unpaid annual leave on the termination of employment and the correct approach to be taken so as to protect a workers rights under European law
40 Eckland v Chief Constable of Avon and Somerset [2021] EWCA Civ 1961 Court of Appeal (EWCA Civ) Vicarious liability - The liability of the Chief Constable for the decisions of the independent police misconduct panel and the provisions of section 230 (3) (b) Employment Rights Act 1996
41 R (on the application of Motherhood Plan) v HM Treasury [2021] EWCA Civ 1703 Court of Appeal (EWCA Civ) Indirect discrimination - The Self Employment Income Support Scheme brought in because of the coronavirus pandemic and indirect discrimination against women who could not show the same tax history as men
42 Stuart Delivery Ltd v Augustine [2021] EWCA Civ 1514 Court of Appeal (EWCA Civ) Employment status - The employment status of a courier who delivered goods for a company on a timeslot basis which he had to perform personally and s.230 (3) (b) Employment Rights Act 1996
43 R. (on the application of Cornerstone (North East) Adoption and Fostering Services Ltd) v Chief Inspector of Education, Children's Services and Skills (Ofsted) [2021] EWCA Civ 1390 Court of Appeal (EWCA Civ) Discrimination based on sexual orientation - The policy of an evangelical Christian fostering and adoption agency which was not to recruit foster carers who participated in homosexual sex and whether that policy was proportionate
44 Langford v Secretary of State for Defence [2019] EWCA Civ 1271;
[2020] 1 WLR 537
Court of Appeal (EWCA Civ) Discrimination - A pension scheme which prevented the surviving partner from obtaining benefits and discrimination
45 Ali v Capita Customer Management Limited [2019] EWCA Civ 900;
[2020] ICR 87
Court of Appeal (EWCA Civ) Discrimination - Sex discrimination and male employees whilst on shared parental leave
46 Timis v Osipov [2018] EWCA Civ 2321;
[2019] ICR 655
Court of Appeal (EWCA Civ) Whistleblowing - Whether an employee who had been dismissed for making a protected disclosure could bring a claim against a fellow employee and vicarious liability
47 Bellman v Northampton Recruitment Ltd [2018] EWCA Civ 2214;
[2019] ICR 459
Court of Appeal (EWCA Civ) Vicarious liability - Vicarious liability for an assault by a senior employee
48 Unite the Union v Nailard [2018] EWCA Civ 1203;
[2019] ICR 28
Court of Appeal (EWCA Civ) Agency - Whether locally elected Trades Union officials acted as agents of the union and sexual harassment
49 Abrahall v Nottingham City Council [2018] EWCA Civ 796;
[2018] ICR 1425
Court of Appeal (EWCA Civ) Collective agreements - Guidelines for deciding whether an employee had taken a pay cut
50 Pemberton v Inwood [2018] EWCA Civ 564;
[2018] ICR 1291
Court of Appeal (EWCA Civ) Discrimination based on sexual orientation - The refusal to grant a parochial licence to a priest and same sex marriages
51 Santos Gomes v Higher Level Care Ltd [2018] EWCA Civ 418
[2018] ICR 1571
Court of Appeal (EWCA Civ) Damages - Jurisdiction of the employment tribunal to award damages for injury to feelings and the Working Time Regulations
52 Wandsworth LBC v Vining [2017] EWCA Civ 1092;
[2018] ICR 499
Court of Appeal (EWCA Civ) ECHR - The exclusion of parks police officers from the protection of domestic law and breach of the ECHR
53 Chesterton Global Ltd v Nurmohamed [2017] EWCA Civ 979;
[2018] ICR 731
Court of Appeal (EWCA Civ) Whistleblowing - Guidance in whistleblowing cases
54 Pereira de Souza v Vinci Construction UK Ltd [2017] EWCA Civ 879;
[2018] ICR 433
Court of Appeal (EWCA Civ) Damages - The 10% uplift in damages and discrimination
55 Harrod v Chief Constable of the West Midlands [2017] EWCA Civ 191;
[2017] ICR 869
Court of Appeal (EWCA Civ) Age discrimination - Age discrimination and the retirement of police officers over 30 years of service
56 Lock v British Gas Trading Ltd [2016] EWCA Civ 983;
[2017] ICR 1
Court of Appeal (EWCA Civ) Holiday pay - Results-based commission and the Working Time Regulations
57 A v B Local Authority [2016] EWCA Civ 766;
[2016] IRLR 779
Court of Appeal (EWCA Civ) Gross misconduct - Dismissal of a headmistress for failing to disclose the relationship with someone convicted of possessing indecent images of children
58 R (on the application of Hottak) v Secretary of State for Foreign and Commonwealth Affairs [2016] EWCA Civ 438;
[2016] 1 WLR 3791
Court of Appeal (EWCA Civ) Jurisdiction - Claim by an Afghan citizen working with the UK Armed Forces in Afghanistan and the right to bring proceedings in the UK
59 General Medical Council v Michalak [2016] EWCA Civ 172;
[2016] ICR 628
Court of Appeal (EWCA Civ) Jurisdiction - The correct venue for deciding the fairness of procedure for dismissal of a doctor
60 Adeogba v General Medical Council [2016] EWCA Civ 162;
[2016] 1 WLR 3867
Court of Appeal (EWCA Civ) Disciplinary procedures - Guidance as to how professional regulators should conduct proceedings in absentia
61 Kiani v Secretary of State for the Home Department [2015] EWCA Civ 776;
[2016] 2 WLR 788
Court of Appeal (EWCA Civ) Right to a fair trial - Exclusion and non-disclosure orders and compatibility with article 6 of the European Convention
62 Sharpe v Worcester Diocesan Board of Finance Ltd [2015] EWCA Civ 399;
[2015] ICR 1241
Court of Appeal (EWCA Civ) Employment status - A rector of a church and whether an employee or a worker for the purposes of the Employment Rights Act 1996
63 Smith v Carillion (JM) Ltd [2015] EWCA Civ 209;
[2015] IRLR 467
Court of Appeal (EWCA Civ) Agency worker - Whether an agency worker who did not have a contract with the end user was either an employee or a worker for the purposes of the Employment Rights Act 1996
64 Benkharbouche v Embassy of Sudan [2015] EWCA Civ 33;
[2015] 3 WLR 301
Court of Appeal (EWCA Civ) International law - Whether the State Immunity Act 1978 in preventing employment claims against embassies infringed the ECHR [see Supreme Court]
65 Halawi v WDFG UK Ltd (t/a World Duty Free) [2014] EWCA Civ 1387;
[2015] 1 CMLR 31
Court of Appeal (EWCA Civ) Employment status - Whether it was necessary for the putative employee to perform the work personally or be subject to the control of the employer
66 Sunrise Brokers LLP v Rodgers [2014] EWCA Civ 1373;
[2015] ICR 272
Court of Appeal (EWCA Civ) Employment contract - Whether a non-compete clause would be enforced
67 Jafri v Lincoln College [2014] EWCA Civ 449;
[2015] QB 781
Court of Appeal (EWCA Civ) Procedure - The approach to remittal to the employment tribunal
68 Rowstock Ltd v Jessemey [2014] EWCA Civ 185;
[2014] 1 WLR 3615
Court of Appeal (EWCA Civ) Victimisation - Victimisation of a former employee and the Equality Act 2010
69 Ministry of Defence v Kemeh [2014] EWCA Civ 91;
[2014] ICR 625
Court of Appeal (EWCA Civ) Vicarious liability - Vicarious liability of the employer for an employee of a sub-contractor
70 MBA v Merton LBC [2013] EWCA Civ 1562;
[2014] 1 WLR 1501
Court of Appeal (EWCA Civ) Discrimination - Sunday as a day of rest for religious Christian working in a care home
71 Fox v British Airways Plc [2013] EWCA Civ 972;
[2013] ICR 1257
Court of Appeal (EWCA Civ) Unfair dismissal - The loss of death in service benefit and compensation in unfair dismissal claims
72 Sud v Ealing LBC [2013] EWCA Civ 949;
[2013] ICR D39
Court of Appeal (EWCA Civ) Discrimination - The deduced effect of counselling and mental disability
73 Singh v Reading BC [2013] EWCA Civ 909;
[2013] 1 WLR 3052
Court of Appeal (EWCA Civ) Immunity from suit - Extent of judicial immunity from suit
74 Attrill v Dresdner Kleinwort Ltd [2013] EWCA Civ 394;
[2013] ICR D30
Court of Appeal (EWCA Civ) Employment contract - Whether a statement made by the employer about employee bonuses was legally binding
75 Taylor v A Novo (UK) Ltd [2013] EWCA Civ 194;
[2014] QB 150
Court of Appeal (EWCA Civ) Tort - Damages for nervous shock
76 Alfa Laval Tumba AB v Separator Spares International Ltd [2012] EWCA Civ 1569;
[2013] 1 WLR 1110
Court of Appeal (EWCA Civ) EU law - Jurisdiction under regulation 44/2001 and article 18 (1) EU
77 Nambalat v Taher [2012] EWCA Civ 1249;
[2013] ICR 1024
Court of Appeal (EWCA Civ) National Minimum Wage - The National Minimum Wage Regulation 1999 article 2 (2) (a) (ii) and workers as a member of the family
78 NHS v Larner [2012] EWCA Civ 1034;
[2012] 3 CMLR 46
Court of Appeal (EWCA Civ) Holiday pay - Workers and annual leave
79 Hospital Medical Group Limited v Westwood [2012] EWCA Civ 1005;
[2013] ICR 415
Court of Appeal (EWCA Civ) Employment status - Whether a person was a worker for the purposes of the Employment Rights Act 1996
80 Leach v Office of Communications [2012] EWCA Civ 959;
[2012] ICR 1269
Court of Appeal (EWCA Civ) Dismissal - Dismissal of an employee on the grounds of reputational risk
81 Mattu v University Hospitals of Coventry and Warwick NHS Trust [2012] EWCA Civ 641;
[2013] ICR 270
Court of Appeal (EWCA Civ) Dismissal - Dismissal of an employee and the employees’ rights under the European Convention
82 Caterpillar Logistics Services (UK) Ltd v Huesca de Crean [2012] EWCA Civ 156;
[2012] ICR 981
Court of Appeal (EWCA Civ) Contract of employment - “Barring out” relief and circumstances in which an order would be made
83 R (on the application of Shoesmith) v Ofsted [2011] EWCA Civ 642;
[2011] ICR 1195
Court of Appeal (EWCA Civ) Dismissal - The lawfulness of a decision to dismiss the Head of Children Services
84 Credit Agricole Corporate and Investment Bank v Wardle [2011] EWCA Civ 545;
[2011] ICR 1290
Court of Appeal (EWCA Civ) Damages - The methodology for award of damages for uplift
85 Ministry of Defence v Wallis [2011] EWCA Civ 231;
[2011] 2 CMLR 42
Court of Appeal (EWCA Civ) Jurisdiction - Spouses of military servicemen and entitlement to bring claims in England
86 National Union of Rail, Maritime and Transport Workers v Serco Ltd (t/a Serco Docklands) [2011] EWCA Civ 226;
[2011] ICR 848
Court of Appeal (EWCA Civ) Industrial action - Injunctions and strike action
87 Abergwynfi Infant School Governors v Jones [2011] EWCA Civ 92;
[2011] ICR 1415
Court of Appeal (EWCA Civ) Vicarious liability - Local education authorities and responsibilities for actions of governing bodies of a school
88 Southern Cross Healthcare Co Ltd v Perkins [2010] EWCA Civ 1442;
[2011] ICR 285
Court of Appeal (EWCA Civ) Jurisdiction - The jurisdiction of the employment tribunal and the construction of contracts of employment
89 McMaster v Antrim B.C. [2010] NICA 45 Court of Appeal (NICA) Time limits - The successful resort to appeal procedures and the impact on time limits
90 R (on the application of Tilianu) v Social Fund Inspector [2010] EWCA Civ 1397 Court of Appeal (EWCA Civ) Right of residence - EU citizens and the right to reside in the UK after ceasing to work as self-employed workers
91 Malone v British Airways Plc [2010] EWCA Civ 1225 Court of Appeal (EWCA Civ) Collective agreements - Collective agreements and individual enforceability
92 Seldon v Clarkson Wright & Jakes [2010] EWCA Civ 899 Court of Appeal (EWCA Civ) Age discrimination - Compulsory retirement of a partner and the Employment Equality (Age) Regulations 2006
93 Timbrell v Secretary of State for Work and Pensions [2010] EWCA Civ 701 Court of Appeal (EWCA Civ) Discrimination - Gender reassignment surgery from male to female and failure to implement Directive 79/7
94 McFarlane v Relate Avon Ltd [2010] EWCA Civ 880 Court of Appeal (EWCA Civ) Discrimination - The Christian beliefs of a counsellor who refused to help same sex couples and the Employment Equality (Religion or Belief) Regulations 2003
95 Revenue and Customs Commissioners v Ruas [2010] EWCA Civ 291 Court of Appeal (EWCA Civ) Right to claim child benefit - A non-UK national’s entitlement to claim child benefit for children living in the national’s country
96 Eweida v British Airways Plc [2010] EWCA Civ 80 Court of Appeal (EWCA Civ) Discrimination - Indirect religious discrimination and the prohibition of a member of staff from wearing a cross on her uniform
97 Alemo–Herron v Parkwood Leisure Ltd [2010] EWCA Civ 24 Court of Appeal (EWCA Civ) Collective agreements - Collective agreements for a pay rise and TUPE
98 Ladele v Islington BC [2009] EWCA Civ 1357 Court of Appeal (EWCA Civ) Discrimination - The refusal to register same sex marriages and religious discrimination
99 Abbey National Plc v Chagger [2009] EWCA Civ 1202 Court of Appeal (EWCA Civ) Unfair dismissal - Unfair dismissal of an employee who subsequent employers would not employ and stigma damages
100 Metro Bus Ltd v Unite the Union [2009] EWCA Civ 829 Court of Appeal (EWCA Civ) Industrial action - The requirements imposed on trade unions by the Trades Union and Labour Relations (Consolidation) Act 1992 and proportionality
101 Rolls-Royce Plc v Unite the Union [2009] EWCA Civ 387 Court of Appeal (EWCA Civ) Collective agreements - Length of service in a collective agreement and redundancy
102 Secretary of State for Business, Enterprise and Regulatory Reform v Neufeld [2009] EWCA Civ 280 Court of Appeal (EWCA Civ) Status of employee - The Court of Appeal gave general guidance as to when a shareholder or controlling shareholder and director of a company was also an employee
103 Tabernacle v Secretary of State for Defence [2009] EWCA Civ 23 Court of Appeal (EWCA Civ) Freedom of expression - The Atomic Weapons Establishment (AWE) Aldermaston Byelaws 2007 and the infringement of the rights to freedom of expression and association
104 Barry v Southwark LBC [2008] EWCA Civ 1440 Court of Appeal (EWCA Civ) Temporary workers - The employment of a Dutch national as a steward at a tennis tournament in the UK and whether a worker eligible for housing assistance
105 English v Thomas Sanderson Blinds Ltd [2008] EWCA Civ 1421 Court of Appeal (EWCA Civ) Discrimination - The use of anti-homosexual language where the recipient was not homosexual and infringement of the Employment Equality (Sexual Orientation) Regulations 2003
106 Oyarce v Cheshire CC [2008] EWCA Civ 434 Court of Appeal (EWCA Civ) Burden of proof - The reverse burden of proof and claims of victimisation
107 R. (on the application of Raissi) v Secretary of State for the Home Department [2008] EWCA Civ 72 Court of Appeal (EWCA Civ) Extradition - The ex-gratia scheme used by the Home Office and whether it applied to both those detained as a result a wrongful conviction and those detained because of extradition