ty’. 9 This is a good example of distinguishing between two cases. In conclusion, 10 it is clear that the cases provide only guidance and do not identify rigid rules. The common
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Chapter
2. Employment status
Chapter
8. Variation, breach, and termination of employment
the employee was informed that his or her appeal had failed. Key Cases CASE FACTS PRINCIPLE Buckland v Bournemouth University [2010] IRLR 445
Chapter
5. Discrimination at work, prohibited conduct, and enforcement
discrimination Much of the case law on indirect discrimination comes from racial and sexual discrimination. The following provides a sample. These cases are, however, generalisable
Chapter
4. Discrimination
The protected characteristics
were proportionate. Key Cases CASES FACTS PRINCIPLE Archibald v Fife Council [2004] IRLR 651 This case concerned an employee of Fife Council
Chapter
10. Equal pay and family rights
figure. 2 Shows clear understanding of the ratio of the case. As an actual comparator is needed in almost all equal pay cases, there was concern about whether relying on a predecessor
Chapter
7. Unfair dismissal
quite different from that in other dismissal cases. 6 As Welsh National Opera Ltd v Johnston [2012] EWCA Civ 1046 made clear, it is essential that the appropriate process is used for
Chapter
9. Equality law
stated: ‘A comparison in the cases of persons of different sex or marital status under section 1(1) … must be such that the relevant circumstances in the one case are the same, or not materially
Chapter
2. Contracts of employment
court at this point does investigate the merits of the case and does not enquire merely whether the ex-employers have a good case for the award of a remedy. An interim injunction gives
Chapter
14. Mixed topic questions
It is an essential requirement for a redundancy payment that there is a redundancy but there is no need to discuss in detail the different forms of redundancy in this case. 9 A small