LPC: Employment Law Cases & Key
Statutes
s230 ERA 1996 - ANS Statutory definition of an employee
Ready Mixed Concrete - ANS An employee:
1. Must be paid
2. Gives personal service
3. Is to some degree controlled by the employer
Express and Echo v Tanton - ANS Exercised substitution clause undermines
employment relationship
MacFarlane v Glasgow City Council - ANS A fettered right to substitute does not
undermine the employment relationship: limited list of replacements in limited
circumstances
Autoclenz v Belcher - ANS Must be a realistic and actual intention for substitution
clause to be exercised: otherwise it will not undermine the employment relationship
Hall v Lorimer - ANS Multiple test:
Risk
Profit
PAYE or invoice
Helpers
Equipment
Exclusivity
Description
Carmichael v National Power - ANS Workers employed on a causal as required basis
and were not obliged to work, were not employees - No mutuality of obligation
Brook Street Bureau v Dacas - ANS Case saying that an agency worker must be
employed by SOMEBODY
James v Greenwich London Borough Council - ANS Case saying that an agency
worker will be deemed an employee only where business efficacy requires it
, s86 ERA 1996 - ANS SMN periods
William Hill v Tucker - ANS Possible that the employer has a duty to provide work in
commissioned-based employment, or in cases where there is work to be done, the
employee is willing to do it, and there is a need for the employee to frequently practice
their skills.
Spring v Guardian Assurance - ANS Duty not to provide an inaccurate or misleading
reference.
Malik v BCCI - ANS An employer must not, without reasonable and proper cause,
conduct itself in a manner calculated or likely to destroy or seriously damage the
relationship of trust and confidence and trust between employer and employee.
Rigby v Ferodo - ANS If employer varies employee's work hours in breach of contract,
leading to a reduction of wages, employer must remains liable for the shortfall for as
long as the employer works for the employee.
Faccenda Chicken Ltd v Fowler - ANS Test for whether information amounts to a trade
secret:
1. Nature of company and employee
2. Nature of information
3. Did employer impress upon employee the confidentiality of the information?
4. Could information be easily isolated from other information the employee was free to
disclose?
American Cyanamid v Ethicon - ANS Test for IPI:
1. SQTBT?
2. AoD?
3. BoC?
Sun Valley Foods v Vincent - ANS Test for a springboard injunction:
1. Unlawful activity
2. Former employee has obtained a competitive advantage
3. Nature and period of advantage are more than ephemeral or short term
4. Advantage will continue unless relief sought is granted
SIMAP - ANS Doctors on call in hospital are within working time, even when asleep.
Outside of hospital - Not within working time.
Statutes
s230 ERA 1996 - ANS Statutory definition of an employee
Ready Mixed Concrete - ANS An employee:
1. Must be paid
2. Gives personal service
3. Is to some degree controlled by the employer
Express and Echo v Tanton - ANS Exercised substitution clause undermines
employment relationship
MacFarlane v Glasgow City Council - ANS A fettered right to substitute does not
undermine the employment relationship: limited list of replacements in limited
circumstances
Autoclenz v Belcher - ANS Must be a realistic and actual intention for substitution
clause to be exercised: otherwise it will not undermine the employment relationship
Hall v Lorimer - ANS Multiple test:
Risk
Profit
PAYE or invoice
Helpers
Equipment
Exclusivity
Description
Carmichael v National Power - ANS Workers employed on a causal as required basis
and were not obliged to work, were not employees - No mutuality of obligation
Brook Street Bureau v Dacas - ANS Case saying that an agency worker must be
employed by SOMEBODY
James v Greenwich London Borough Council - ANS Case saying that an agency
worker will be deemed an employee only where business efficacy requires it
, s86 ERA 1996 - ANS SMN periods
William Hill v Tucker - ANS Possible that the employer has a duty to provide work in
commissioned-based employment, or in cases where there is work to be done, the
employee is willing to do it, and there is a need for the employee to frequently practice
their skills.
Spring v Guardian Assurance - ANS Duty not to provide an inaccurate or misleading
reference.
Malik v BCCI - ANS An employer must not, without reasonable and proper cause,
conduct itself in a manner calculated or likely to destroy or seriously damage the
relationship of trust and confidence and trust between employer and employee.
Rigby v Ferodo - ANS If employer varies employee's work hours in breach of contract,
leading to a reduction of wages, employer must remains liable for the shortfall for as
long as the employer works for the employee.
Faccenda Chicken Ltd v Fowler - ANS Test for whether information amounts to a trade
secret:
1. Nature of company and employee
2. Nature of information
3. Did employer impress upon employee the confidentiality of the information?
4. Could information be easily isolated from other information the employee was free to
disclose?
American Cyanamid v Ethicon - ANS Test for IPI:
1. SQTBT?
2. AoD?
3. BoC?
Sun Valley Foods v Vincent - ANS Test for a springboard injunction:
1. Unlawful activity
2. Former employee has obtained a competitive advantage
3. Nature and period of advantage are more than ephemeral or short term
4. Advantage will continue unless relief sought is granted
SIMAP - ANS Doctors on call in hospital are within working time, even when asleep.
Outside of hospital - Not within working time.
