Cases within M

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  Maxwell v Holmes (Lord Chancellor's Department) [1995] IT/29941/94 (1 report relating to this case)

  • Immigration adjudicator not protected against race bias

    Date:

    1 June 1995

    In Maxwell v Holmes (Lord Chancellor's Department) a London (North) industrial tribunal (Chair: G E Heggs) rules that it has no jurisdiction to hear an immigration adjudicator's complaint that the failure to renew his appointment was racial discrimination because he was the holder of a statutory office.

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  May Gurney Ltd v Adshead and others EAT/0150/06 (1 report relating to this case)

  • Holiday pay: Holiday pay to include attendance and performance bonus

    Date:

    16 February 2007

    In May Gurney Ltd v Adshead and others EAT/0150/06 the Employment Appeal Tribunal holds that the remuneration of employees entitled to a perfomance bonus "does vary with the amount of work done". Accordingly the amount of a week's pay for the purpose of calculating holiday pay will be determined by taking the employees' average pay over the 12 weeks preceding their holiday.

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  Mayor and Burgesses of the London Borough of Tower Hamlets v Wooster EAT/0441/08 (1 report relating to this case)

  • Age discrimination: Dismissal to avoid age-related benefit was discriminatory

    Date:

    23 November 2009

    In Mayor and Burgesses of the London Borough of Tower Hamlets v Wooster EAT/0441/08, the EAT upheld a finding that the redundancy dismissal of a 49-year-old employee amounted to age discrimination. The tribunal was entitled to find that the employer could have found alternative work for him, but that it had failed to do so because it was concerned that, if he remained employed up to the age of 50, he would be entitled to a more generous early retirement package.

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  Mayr v Bäckerei Und Konditorei Gerhard Flöckner OHG [2008] IRLR 387 ECJ (1 report relating to this case)

  • Pregnancy dismissal: Fertilised but non-implanted ova did not constitute pregnancy

    Date:

    28 May 2008

    In Mayr v Bäckerei und Konditorei Gerhard Flockner OHG [2008] IRLR 387, the ECJ held that the protection afforded by the Pregnant Workers Directive against dismissal on grounds of pregnancy does not extend to a woman undergoing IVF treatment who was dismissed when in-vitro-fertilised ova existed but had not yet been transferred to her uterus. However, if she was dismissed essentially because she had undergone this advanced stage of IVF treatment, her dismissal would amount to direct sex discrimination contrary to the Equal Treatment Directive.

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  McAdie v Royal Bank of Scotland plc [2007] IRLR 895 CA (1 report relating to this case)

  • Unfair dismissal: Capability dismissal was fair notwithstanding employer's responsibility for employee's ill health

    Date:

    12 November 2007

    In McAdie v Royal Bank of Scotland plc [2007] IRLR 895, the Court of Appeal confirmed that the fact that an employee's stress-related illness was caused by the employer was no bar in law to a fair dismissal on the grounds of capability.

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  McAuley v Auto Alloys Foundry Ltd and Taylor [1994] IT/62824/93 (1 report relating to this case)

  • "Thick Paddy" insults unlawful

    Date:

    1 September 1994

    An Irishman who was subjected to repeated anti-Irish remarks by his supervisor and other colleagues which led to him seeking medical attention for stress, and who was then dismissed because he did not "fit in", was unlawfully discriminated against, rules a Nottingham industrial tribunal (Chair: J M Coulson) in McAuley v Auto Alloys Foundry Ltd and Taylor.

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  McClenaghan and Rice v British Shoe Corporation [1994] IT/2688/91 (1 report relating to this case)

  • £8,000 injury to feelings award for maternity leaver

    Date:

    1 December 1994

    In McClenaghan and Rice v British Shoe Corporation Ltd a Belfast industrial tribunal (Chair: E McBride) awards £11,455 compensation, including £8,000 for injury to feelings, to a maternity leaver who suffered "severe depression" following her dismissal when illness prevented her from returning to work within the statutory period.

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  McClory and others v The Post Office [1993] IRLR 159 HC (1 report relating to this case)

  • Contracts of employment: Right to suspend must be exercised reasonably

    Date:

    1 March 1993

    There is no general contractual obligation on an employer to act reasonably or fairly, holds the High Court in McClory & others v The Post Office. In relation to an express power to suspend an employee, however, there is an implied term that an employer will not exercise that right on unreasonable grounds.

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  McCormack v Sanmina SCI UK Ltd [2006] All ER (D) 138 (Jul) (1 report relating to this case)

  • Redundancy selection criteria: Inconsistent application of selection criteria

    Date:

    17 November 2006

    In McCormack v Sanmina SCI UK Ltd [2006] All ER (D) 138 (Jul) EAT, the Employment Appeal Tribunal holds that redundancy dismissals that were procedurally unfair due to a lack of proper consultation were also unfair because of the employer's inconsistent approach to the assessment of willingness to work overtime and employees' skills range.

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  McFarlane v Relate Avon Ltd [2010] IRLR 872 CA (1 report relating to this case)

  • Religious discrimination: Content of religious belief not protected

    Date:

    28 July 2010

    In McFarlane v Relate Avon Ltd [2010] EWCA Civ B1, the Court of Appeal refused a Christian relationship counsellor leave to appeal against a finding that his dismissal for refusing to counsel same-sex couples on sexual matters did not constitute religious discrimination.