Local authority information
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 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 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 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.
In Robb v London Borough of Hammersmith and Fulham [1991] IRLR 72 HC, the High Court granted an interlocutory injunction restraining the council from giving effect to the purported summary dismissal of its director of finance on disciplinary grounds - and requiring it to treat him as suspended on full pay - unless and until it had properly complied with the disciplinary procedure incorporated into his contract of employment.
In MacPherson v London Borough of Lambeth [1988] IRLR 470 HC, the High Court held that the refusal of the employees to operate new equipment was in breach of their contracts and the employees were not entitled to an interlocutory order directing the council to pay arrears of salary.
In Strathclyde Regional Council v Neil [1984] IRLR 11 CS, the Sheriff Court held that a contractual provision for repayment by the employee of the costs incurred is not a penalty and can be enforced, provided the amount relates to the loss suffered by the employer.
In Tayside Regional Council v McIntosh [1982] IRLR 272 EAT, the EAT held that a requirement for "qualifications" need not be expressly stated in a contract of employment, as it may be inferred from the job advertisement or from the nature of the job.
In Gardiner v London Borough of Merton [1980] IRLR 472 CA, the Court of Appeal held that where an individual leaves the employ of one authority and joins another he or she will lose all rights of continuity of employment except for those that may be provided for under the Redundancy Payments (Continuity of Employment etc) (Modification) Order 1999.
Employment law cases: HR and legal information, news and guidance relating to local authority employers.