Chapter

Cover Employment Law

14. Race discrimination  

racial groups. The main case where this issue arose was Mandla v Dowell Lee (1983) in the House of Lords. In that case, Lord Fraser set out the essential characteristics of ‘ethnic

Chapter

Cover Employment Law

5. Unfair dismissal—Reasonableness  

a foreman made his case materially different. The employer won the case. Questions 1 Why should the fact that Mr Proctor was a foreman make his case ‘materially different’

Chapter

Cover Employment Law

31. Preparing and presenting a case  

against each point and any discrepancies in the evidence. When preparing the case, it is essential to think about the strengths and weaknesses of the points that both sides will be

Chapter

Cover Employment Law

9. Wrongful and constructive dismissal  

wrongful dismissal cases in preference to unfair dismissal cases; ● advise on the different remedies that can be ordered when a claimant wins a wrongful dismissal case; ● outline the

Chapter

Cover Employment Law

11. The Equality Act 2010: key concepts  

in discrimination cases and state when each is awarded; ● assess the merits of the cases put forward by the two sides in the debate about justification in cases of direct sex dis

Chapter

Cover Employment Law

25. Health and safety—The civil law  

special dangers faced in his case. Goggles should have been provided for him. This case is important because it places a higher duty of care on employers in the case of employees with relevant

Chapter

Cover Employment Law

17. Sex-related characteristics (gender reassignment, marital status, pregnancy, sexual orientation)  

unless they wish it to be. After the case of P v S , the European Court of Human Rights decided the case of Godwin v UK , a non-employment case, which led to the Gender Reassignment

Chapter

Cover Employment Law

16. Sex discrimination  

direct discrimination, proving detriment and less favourable treatment on a case-by-case basis. The original case on this was Porcelli v Strathclyde Regional Council (1986), where the

Chapter

Cover Smith & Wood's Employment Law

6. Termination of the employment contract at common law  

to be the ending of employment in certain untypical cases without there being in law a dismissal, (2) establishing the essential law on dismissal by the giving of notice (the usual

Chapter

Cover Smith & Wood's Employment Law

6. Termination of the employment contract at common law  

Ian Smith, Owen Warnock, and Gemma Mitchell

to be the ending of employment in certain untypical cases without there being in law a dismissal, (2) establishing the essential law on dismissal by the giving of notice (the usual

Chapter

Cover Smith & Wood's Employment Law

7. Unfair dismissal  

Ian Smith, Owen Warnock, and Gemma Mitchell

and giving them reasonable time in which to do so. Of course, warnings are not essential in every case, and may perhaps be irrelevant where it is clear that the employee is completely

Chapter

Cover Smith & Wood's Employment Law

3. Contracts of employment (2): content and wages  

Ian Smith, Owen Warnock, and Gemma Mitchell

deciding a point on constructive dismissal), Slade LJ said: [I]n cases such as the present where it is essential to imply some term into the contract of employment as to place of work

Chapter

Cover Smith & Wood's Employment Law

3. Contracts of employment (2): content and wages  

deciding a point on constructive dismissal), Slade LJ said: [I]n cases such as the present where it is essential to imply some term into the contract of employment as to place of work

Chapter

Cover Smith & Wood's Employment Law

7. Unfair dismissal  

and giving them reasonable time in which to do so. Of course, warnings are not essential in every case, and may perhaps be irrelevant where it is clear that the employee is completely

Chapter

Cover Smith & Wood's Employment Law

2. Contracts of employment (1): status, formation, continuity, and change  

this is just such a case. In a subsequent Court of Appeal case, Massey v Crown Life Insurance Co , 42 however, a different approach was taken. In that case a branch manager who

Chapter

Cover Smith & Wood's Employment Law

2. Contracts of employment (1): status, formation, continuity, and change  

Ian Smith, Owen Warnock, and Gemma Mitchell

this is just such a case. In a subsequent Court of Appeal case, Massey v Crown Life Insurance Co , 42 however, a different approach was taken. In that case a branch manager who

Chapter

Cover Employment Law in Context

19. Transfers of Undertakings  

of the most significant cases: Redmond (Dr Sophie) Stichting v Bartol (Case C-29/91) [1992] IRLR 366; Rask and Christiensen v ISS Kantineservice A/S (Case C-209/91) [1993] IRLR 133;

Chapter

Cover Employment Law in Context

20. Collective Redundancies  

protections were weak. Although it was not a case which was reported in the law reports or which came before a court, the details of this case circulated widely throughout Europe in 1973–74

Chapter

Cover Employment Law

7. Contractual employment rights  

appealed cases up through the court system. What makes it interesting, but also somewhat unpredictable, is that the common law continues to evolve all the time. Steadily, as cases come

Chapter

Cover Smith & Wood's Employment Law

10. Industrial action  

operation of essential public services and mortuaries, burial and cremation services. 321 On industrial action in the essential services generally, see Morris Strikes in Essential Services