Latest case reports added to HR & Compliance Centre

We provide a round-up of case reports added to HR & Compliance Centre this week, covering: annual leave; age discrimination; and redundancy. 

  • Annual leave: National law must not prevent employee from taking leave at later time if sick during allotted leave period In Pereda v Madrid Movilidad SA [2009] IRLR 959 ECJ, the ECJ held that art.7(1) of the Working Time Directive must be interpreted as precluding national provisions or collective agreements that deny a worker who is on sick leave during a period of scheduled annual leave the right to take the annual leave at a later time, even if this is outside the holiday year in which the annual leave was accrued. (Employment Review)
  • Age discrimination: Dismissal to avoid age-related benefit was discriminatory In Mayor and Burgesses of the London Borough of Tower Hamlets v Wooster EAT/0441/08, the EAT upheld a finding that the redundancy dismissal of a 49-year-old employee amounted to age discrimination. The tribunal was entitled to find that the employer could have found alternative work for him, but that it had failed to do so because it was concerned that, if he remained employed up to the age of 50, he would be entitled to a more generous early retirement package. (Employment Review)
  • Redundancy: ECJ rules on consultation provisions in Collective Redundancies Directive In Akavan Erityisalojen Keskusliitto AEK Ry and others v Fujitsu Siemens Computers Oy [2009] IRLR 944 ECJ, the ECJ held that an employer's duty under the Collective Redundancies Directive to consult workers' representatives about the possibility of redundancies arises when strategic decisions or changes in activities make the employer contemplate or plan for collective redundancies. (Employment Review)

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