Case report round-up: Employer entitled to choose between options in contractual pay agreement

The XpertHR's latest case reports cover:

  • Employer entitled to choose between options in contractual pay agreement In Anderson and others v London Fire and Emergency Planning Authority EAT/0505/11, the EAT held that a pay agreement with trade unions was sufficiently certain to give rise to a contract, but that the employer was entitled to choose between the two "clear and unambiguous" options regarding pay increases. (Personnel Today)
  • Working time: Time limit for using carried-over holiday contrary to EU law In Neidel v Stadt Frankfurt am Main [2012] IRLR 607 ECJ, the European Court of Justice held that a German law that required employees to use carried-over annual leave within nine months of the start of the new leave year was contrary to the Working Time Directive. Where a worker has been unable to use the carried-over leave due to sickness, the worker is entitled to payment in lieu of it when the employment ends, but only to the value of the minimum amount of leave required by the Directive. (Employment Review)
  • Human rights: Article 6 fair hearing protections did not apply to contractual disciplinary procedures In Mattu v University Hospitals of Coventry and Warwickshire NHS Trust [2012] IRLR 661 CA, the Court of Appeal held that NHS contractual disciplinary procedures resulting in the dismissal of a consultant cardiologist did not determine any civil right of the employee so did not engage art.6 of the European Convention on Human Rights. (Employment Review)
  • Unfair dismissal: Dismissed employee's imprisonment did not frustrate contract, but was contributory conduct In Prior v City Plumbing Supplies Ltd EAT/0535/11, the EAT upheld the tribunal’s decision that an employee who was unfairly dismissed when his employer erroneously believed that his imprisonment had frustrated the contract of employment had contributed to his dismissal. (Employment Review)

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