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Significant UK Employment Cases

Autoclenz Ltd v Belcher (2011)

Confirmed that courts will look beyond contractual wording to the reality of working relationships.

Car valeters classified as independent contractors were deemed employees due to employer control over their work.

Nethermere (St Neots) Ltd v Gardiner (1984)

Workers with regular work patterns can qualify as employees even without a formal contract.

Homeworkers making garments were deemed employees despite working from home without formal contracts.

British Airways plc v Williams (2012)

Confirmed that holiday pay must reflect normal remuneration including commission and allowances.

British Airways pilots argued that their holiday pay should include flying allowances and the court agreed.

Eweida v British Airways plc (2013)

Confirmed that employees have the right to manifest religious beliefs at work unless there is a compelling justification to restrict them.

A British Airways employee was disciplined for wearing a Christian cross but the European Court of Human Rights ruled in her favour.

Essop v Home Office (2017)

Confirmed that claimants do not need to prove why a practice disadvantages a group to succeed in indirect discrimination claims.

A requirement for civil servants to pass a test disproportionately impacted older and ethnic minority workers leading to a ruling of indirect discrimination.

Polkey v AE Dayton Services Ltd (1988)

Confirmed that failure to follow a fair redundancy process can make a dismissal unfair.

A worker was made redundant without consultation and the court ruled that procedural fairness was essential in dismissals.

Wilson and Palmer v UK (2002)

Confirmed that workers must not be penalised for joining or supporting trade unions.

The UK was found in breach of human rights law for allowing employers to offer incentives to avoid union membership.

Walker v Northumberland County Council (1995)

Confirmed that employers have a duty to protect employees from workplace stress.

A social worker suffered a mental breakdown due to excessive workload and the employer was held liable.

Inland Revenue v Ainsworth (2005)

Established that workers on long-term sick leave are entitled to holiday pay.

A long-term sick worker was denied holiday pay but the court ruled in his favour.

Uber BV v Aslam (2021)

Confirmed that gig economy workers can qualify as "workers" with employment rights.

Uber drivers were ruled to be "workers" rather than self-employed entitling them to minimum wage and holiday pay.

Express & Echo Publications Ltd v Tanton (1999)

A contractual right to substitute another worker can indicate self-employment.

A delivery driver with a substitution clause was deemed self-employed as he was not personally required to work.

Bear Scotland Ltd v Fulton (2015)

Overtime should be included in holiday pay calculations if it is regular.

Employees who worked regular overtime successfully argued that it should be factored into their holiday pay.

Macarthys Ltd v Smith (1980)

Established that unequal pay based on gender can breach EU law even if there is no direct comparator in the same period.

A woman was paid less than her predecessor for the same job and the court ruled it was unlawful discrimination.

Iceland Frozen Foods Ltd v Jones (1982)

Set out the 'range of reasonable responses' test for unfair dismissal.

A supermarket worker was dismissed and the court ruled that if an employer's decision falls within a reasonable range it is not automatically unfair.

Shamoon v Chief Constable of the Royal Ulster Constabulary (2003)

Confirmed that employers must have clear and fair reasons for dismissal.

A female police officer was demoted due to complaints but the court found her treatment discriminatory.

R (National Union of Journalists) v Central Arbitration Committee (2005)

Clarified the legal framework for union recognition in the workplace.

A newspaper company refused to recognise a journalists' union leading to a ruling on fair bargaining rights.

Barber v Somerset County Council (2004)

Established that employers must take reasonable steps to prevent stress-related illness.

A teacher suffered severe stress due to long hours and the employer was found negligent.

DWP v Stringer (2009)

Confirmed that holiday pay entitlement carries over for employees on long-term sick leave.

A worker on extended sick leave argued that they should still accrue holiday pay and the court agreed.

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