Employment law and procedure: a critical analysis - Part 2
Complexity To reach a conclusion on this matter involved the court in wading through a monstrous legislative morass, staggering from...
Complexity To reach a conclusion on this matter involved the court in wading through a monstrous legislative morass, staggering from...
Currently, British employment law is a sprawling mass of statutes, regulations and decided cases. The leading textbook – Harvey –...
Reasonable foreseeability Reasonable conduct by employer Ramwell v Tesco Stores plc (2000) HSB 289: 23, Manchester county court R was...
Duty to provide safe system of work Two nervous breakdowns Walker v Northumberland County Council [1995] IRLR 35, High Court W, a senior...
Common Law: Formally Reported Cases Duty of care Foreseeability Fraser v State Hospitals Board for Scotland (2000) July 11, Scottish...
Is the relationship between employer and employee in itself necessarily stressful? If one takes the view that the relationship between...
Bullying The dictionary definition of “bully” is a person who makes him or herself a terror to the weak or defenceless. Bullying at work...
Physical symptoms It is generally accepted that workplace stress can result in physical symptoms, for example: Cardio-vascular disease...
TERMINOLOGY Definition of stress The widest definition of stress is anything which makes a person tense, angry, frustrated or angry. This...
General criminal law There are no reported prosecutions for specific criminal offences in relation to workplace stress. In relation to...
Fundamental breach Unilateral salary cut Case Mostyn v S and P Casuals Ltd [2018] UKEAT/0158/17, Employment Appeal Tribunal Facts M, a...
EMPLOYMENT CONTRACT Trade union membership Case Oni v Unison Trade Union [2018] ICR 1111, EAT Facts O was a nurse employed by a hospital...
UNFAIR DISMISSAL Internal appeal procedure Case Patel v Folkestone Nursing Home Ltd [2018] EWCA Civ 1843 Facts P was dismissed by F in...
WORKING TIME Rest periods Opt-out Case R (on the application of the Fire Brigades Union v South Yorkshire Fire and Rescue Authority...
CONTRACTS OF EMPLOYMENT Part-time workers Categories of comparison Case Roddis v Sheffield Hallam University (2018) Morning Star, August...
UNFAIR DISMISSAL Automatic unfair dismissal Trade union activities Case Morris v Metrolink RATP DEV Ltd [2018] EWCA Civ 1358, Court of...
Company director imprisoned after death of two workers [remove for online] Health and Safety Executive v Simon Thomerson (2018) Luton...
UNFAIR DISMISSAL Pattern of conduct Case Mbubaegbu v Homerton University Hospital NHS Foundation Trust UKEAT/0218/17/JOJ Facts M, a...
CONTRACTS OF EMPLOYMENT Reality of employment position Case Dynasystems for Trade and General Consulting v Mosley UKEAT/0091/17/BA Facts...
CONTRACTS OF EMPLOYMENT Worker Case Addison Lee v Gascoigne UKEAT/0289/17 Facts G was a cycle courier for AL. The ET decided that he was...