Employment cases

Question 1

Case where employee was sacked for gross misconduct?

Answer 1

Adgebola v M+S (2013)

Using staff discount to resell items = gross misconduct

Question 2

Case of discrimination (wrongful dismissal for a protected characteristic)?

Answer 2

o’Reilly v BBC (2010)

Older presenter replaced, deemed unlawful due to age bias.

Question 3

Case of indirect discrimination?

Answer 3

London Underground v Edwards (1995)

Shift pattern was changed which disproportionately affected women,

Question 4

Which case establishes that an employee can’t substitute for another worker

Answer 4

Ready Mix Concrete v Minister of Pensions and National Insurance

Question 5

The Multiple Test (test for if employee)

Answer 5

-Does the person have to turn up to work when expected

-Is the individual required to follow instructions from the engager

-Is the individual required to work themselves, i.e. they can’t get someone to come and work for them

Question 6

The Integration Test

Answer 6

How integrated is someone in the business i.e. can they work whenever they want, do they receive benefits

Question 7

The Economic Reality Test

Answer 7

-Do they have to provide their own clothes and equipment for example

-Do they work elsewhere

-Do they have to account for their own national insurance for example