Cases - Other
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First Conferences Services Ltd & anor v Bracchi & anor - employer's database information used by ex-employee to compete
26/08/09
Example of a case in which an employee took information from his employer's database and left to start up a business in competition with theirs.
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Akavan Erityisalojen Keskusliitto AEK ry and Ors v Fujitsu Siemens Computers Oy - collective redundancies: when to consult
10/09/09
The ECJ has ruled that the obligation imposed by Council Directive 98/59/EC to consult workers representatives arises when there is "adoption, within a group of undertakings, of strategic decisions or of changes in activities which compel the employer to contemplate or to plan for collective redundancies". An employer is not allowed to delay consultation until he can supply the workers’ representatives with all the information required by the Directive.
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Smith v Revenue & Customs [2009] UKFTT 210 (TC) - Income tax on benefits in kind (share option scheme)
13/08/09
Mr Smith was an employee of a company called Sensormatic Electronics Corporation.
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Hughes v Alan Dick & Co Ltd - unfair dismissal could not be claimed by a British man employed by the overseas branch of a British company
19/02/09
Employment Tribunal had no jurisdiction to hear unfair dismissal claim by British man employed by overseas branch of a British company as the employment did not have a sufficient connection with Britain (Lawson v Serco applied)
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Pereda v Madrid Movilidad SA, ECJ case C-277/08 - ECJ causes a problem by answering a question which was not put to it
10/09/09
The ECJ, answering a question which was not put to it, rules that if a worker falls sick while on holiday he is entitled to extra holiday to compensate after he has recovered.
