Cases - Other
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Standard Life Healthcare Ltd v Gorman & ors - where an employee has a right to work it is subject to qualification, and is not absolute
11/05/09
An employee who has a right to work has that right subject to the qualification that he has not demonstrated in a serious way that he is not ready or willing to work and that he has not rendered it impracticable for the employer to provide work.
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Shanks v Unilever Plc & Ors - employee's right to benefit from inventions
03/12/09
A literal interpretation of Patents Act 1977 s.41(2) could deny an employee of a subsidiary company the right to benefit from an invention where the ownership of the patent is transferred for a nominal sum by the subsidiary to its parent company. Such a literal interpretation is wrong.
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Duncombe, Fletcher & Others v Secretary of State for Children, Schools and Families - tribunal jurisdiction in cases with a foreign element.
14/12/09
The principles laid down by the House of Lords in the Lawson v Serco case (regarding jurisdiction of employment tribunals in cases with an overseas element) apply to cases brought under UK statutes. Therefore they do not apply to claims which could be founded on a directly enforceable right under EU law or to breach of contract claims. They do apply to "ordinary" unfair dismissal claims.
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Ladele v London Borough of Islington - no religious discrimination against registrar
15/12/09
Discipline for refusal of Registrar, on religious grounds, to officiate at civil partnerships was not religious discrimination, but action based on her conduct.
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St Albans' Girl School v Neary - no costs order against party "pitched against their will" into costs-bearing jurisdiction
20/11/09
Where a party is "pitched against their will" from a costs-free to a costs-bearing jurisdiction, there should be usually be no order for costs made against them.
