Cases within A

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  Asociación Nacional de Grandes Empresas de Distribución (Anged) v Federación de Asociaciones Sindicales (Fasga) and others [2012] IRLR 779 ECJ (1 report relating to this case)

  • Sickness during annual leave: annual leave can be taken at another time irrespective of when incapacity occurs

    Date:

    21 June 2012

    The European Court of Justice has confirmed that a worker who is sick during a period of annual leave cannot be precluded from taking the holiday at a time other than that originally scheduled, irrespective of when the incapacity for work first arose. 

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  Aspden v Webbs Poultry & Meat Group (Holdings) Ltd [1996] IRLR 521 HC (1 report relating to this case)

  • Contracts of employment: Term implied to entitle employee to permanent health insurance

    Date:

    15 November 1996

    In Aspden v Webbs Poultry & Meat Group (Holdings) Ltd, the High Court implies a term into an employee's contract of employment providing that, save for summary dismissal, the employer would not terminate the contract while the employee was incapacitated for work.

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  Assamoi v Spirit Pub Company (Services) Ltd (formerly known as Punch Pub Co Ltd) EAT/0050/11 (1 report relating to this case)

  • No constructive dismissal of suspended employee reinstated following grievance over unfair disciplinary action

    Date:

    1 August 2012

    The Employment Appeal Tribunal has held that the employment tribunal was entitled to find that an employee was not constructively dismissed when he resigned after his manager unjustly took disciplinary action against him that was dropped after a swift and fair-minded investigation. 

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  Associated British Ports v Bridgeman [2012] IRLR 639 EAT (1 report relating to this case)

  • EAT asks ECJ about workers' rights to daily rest and rest breaks when continuity of service needed

    Date:

    10 April 2012

    The Employment Appeal Tribunal has referred to the European Court of Justice the question of the extent to which employers can avoid giving workers daily rest periods and rest breaks because of the need for continuity of service or production. 

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  Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223 CA (1 report relating to this case)

  • Associated Provincial Picture Houses Ltd v Wednesbury Corporation

    Date:

    31 December 1948

    In Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 233 CA, the Court of Appeal held that, when considering whether a local authority with unlimited powers has acted reasonably in the exercise of those powers, the court is entitled to investigate the action of the authority only with a view to seeing if it has taken into account any matters that ought not to have been taken into account or that ought to have been disregarded.

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  Associated Society of Locomotive Engineers and Firemen (ASLEF) v United Kingdom [2007] IRLR 361 ECHR (1 report relating to this case)

  • Human rights: Union did not act unlawfully in expelling BNP member

    Date:

    30 May 2007

    In Associated Society of Locomotive Engineers and Firemen (ASLEF) v United Kingdom [2007] IRLR 361, a case of competing rights of association under art. 11 of the European Convention on Human Rights, a trade union's right to expel a member of the BNP because his values conflicted fundamentally with its own outweighed the individual's right to membership of the union.

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  Atkins v Coyle Personnel plc [2008] IRLR 420 EAT (1 report relating to this case)

  • Automatically unfair dismissal: Causal link between dismissal and paternity leave necessary

    Date:

    14 April 2008

    In Atkins v Coyle Personnel plc EAT/0206/07, the EAT held that, for an employee to claim successfully that his dismissal was related to the fact that he had taken paternity leave, there must be a causal link between the dismissal and the leave.

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  Atos Origin IT Services UK Ltd v Haddock [2005] IRLR 20 EAT (1 report relating to this case)

  • Points of procedure

    Date:

    10 June 2005

    A review of recent significant cases on practice and procedure in the employment tribunals, EAT and Court of Appeal.

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  Autoclenz Ltd v Belcher and others [2010] IRLR 70 CA (1 report relating to this case)

  • Employment status: Express contractual terms specifying self-employment did not reflect terms agreed

    Date:

    10 February 2010

    In Autoclenz Ltd v Belcher and others [2010] IRLR 70 CA, the Court of Appeal held that a group of car valeters were employees, despite the fact that their written contracts with the valeting company stated that they were independent contractors, and contained clauses allowing "substitution of labour" and the "right to refuse work".

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  Autoclenz Ltd v Belcher and others [2011] IRLR 820 SC (1 report relating to this case)

  This decision from the Supreme Court, the highest court in the UK, is the leading decision on when tribunals and courts may look outside the terms of employment to determine the true nature of the agreement, where reality does not match the contractual position. It replaces previous narrower case law that suggested that a finding that a contract was in part a sham required that both parties intended it to “paint a false picture as to the true nature of their respective obligations”.

  • Supreme Court affirms correct test for disregarding written contractual terms

    Date:

    4 August 2011

    The Supreme Court has affirmed that, where a party asserts that a written term does not reflect the reality of the agreement, tribunals and courts may look outside the terms to determine the true nature of the agreement.