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In Lovett v Wigan Metropolitan Borough Council [2001] EWCA Civ 12 CA, the Court of Appeal held that a clause that had been incorporated into an employee's written statement of employment particulars did not form part of his contract of employment because he had not agreed to it.
In Hallam and another v Cheltenham Borough Council and others [2001] IRLR 312 HL, the House of Lords held that in order for there to be liability for knowingly aiding discrimination under the Race Relations Act 1976, section 33(1) there must be "more than a general attitude of helpfulness and co-operation".
In Macfarlane and another v Glasgow City Council [2001] IRLR 7 EAT, the EAT held that, despite a clause in the worker's contract expressly entitling the worker to substitute a replacement to do the work if unable to attend work, the worker was deemed to be an employee rather than a sub-contractor.
In Sindicato de Médicos de Asistencia Pública (Simap) v Conselleria de Sanidad y Consumo de la Generalidad Valenciana, the ECJ rules that all of the time spent on call by teams of doctors providing primary care at health centres was "working time", within the meaning of the EC Working Time Directive, if they were required to be at the health centres.
In Duncanson v South Ayrshire Council [1999] SLT S19 CS, the Court of Session held that a steel cabinet within a nursery was work equipment for the purposes of the Provision and Use of Work Equipment Regulations 1992.
In Malcolm v Metropolitan Police Commissioners 1995 5 CLR 368 HC, the High Court held that the Workplace (Health, Safety and Welfare) Regulations 1992, regulation 5 creates an absolute statutory duty and proof that a defect in equipment had caused an accident would fix the duty holder with civil liability.
In Barton v Wandsworth Council [1995] ET/11268/94, an employment tribunal ruled that an ambulance driver employed by the technical services division of a local authority was subjected to detriment when, in circumstances of danger that he reasonably believed to be serious and imminent, he took appropriate steps to protect himself or other persons from danger.
In Waters v Commissioner of Police of the Metropolis (14 February 1995) EOR64B, the EAT rules that an employer could not be not liable for victimising an employee who alleged that she was sexually harassed by a work colleague, where the alleged harassment was not committed in the course of employment.
In Allsop v North Tyneside Metropolitan Borough Council [1992] 90 LGR 462 CA, the Court of Appeal held that payments made to employees by a local authority as compensation for redundancy under a voluntary severance scheme were unlawful as they exceeded the prescribed limits.
An employer's right to require overtime from an employee who is under a contractual obligation to be "on call" for a specified number of hours in excess of his basic working week, is subject to the employer's implied duty to take reasonable care not to injure its employee's health, holds the Court of Appeal in Johnstone v Bloomsbury Health Authority.
Employment law cases: HR and legal information, news and guidance relating to specific industry sectors.