Latest case reports added to HR & Compliance Centre

We provide a round-up of case reports added to XpertHR this week, covering: working time; equal pay; stress; and racial comments. 

  • Working time: Relationship between annual leave entitlement and sickness absence In Schultz-Hoff v Deutsche Rentenversicherung Bund; Stringer and others v Her Majesty's Revenue and Customs Cases C-350/06 and C-520/06 ECJ, the ECJ has held that the Working Time Directive allows member states to prevent workers from taking annual leave during periods of sickness, provided that they are permitted to take it at some other time. If sickness prevents a worker from taking his or her annual leave entitlement, it must be carried over into the next leave year. Workers whose employment is terminated cannot have their payment in lieu of annual leave reduced on account of a period of sickness prior to the dismissal. (Employment Review)
  • Equal pay: Length of service as justification for unequal pay In Wilson v Health and Safety Executive EAT/0050/08, the EAT held that the ECJ decision in Cadman does not prevent the tribunal examining the period to which a length-of-service criterion is referable. This is provided that the employee has raised "serious doubts" about the appropriateness of the criterion to meet the employer's legitimate aim of rewarding experience that delivers improved job performance. (Employment Review)
  • Stress: Employer's liability for psychiatric injury In Dickins v O2 plc [2009] IRLR 58 CA, the Court of Appeal held that the employer was liable for damages for the employee's work-related psychiatric injury because its response to her obviously mounting stress was inadequate. (Employment Review)
  • Judgment confirms employer's liability in race cases at work In Richmond Pharmacology v Dhaliwal EAT/0458/08, the EAT held that a remark by a director to a female manager that she might be "married off in India" constituted harassment within the meaning of s.3A of the Race Relations Act 1976. (Personnel Today)

Also

Week beginning 2 March 2009
Week beginning 23 February 2009
Week beginning 16 February 2009
Week beginning 9 February 2009
Week beginning 2 February 2009
Week beginning 26 January 2009
Week beginning 19 January 2009
Week beginning 12 January 2009
Archive: July to December 2008
Archive: January to June 2008
Archive: July to December 2007
Archive: January to June 2007
Archive: July to December 2006
Archive: January to June 2006