Managing employees/workers
In Antovic and another v Montenegro, the European Court of Human Rights held that overt camera surveillance in a university's lecture halls violated professors' right to privacy under the European Convention on Human Rights.
In Chesterton Global Ltd and another v Nurmohamed [2017] IRLR 837 CA, the Court of Appeal held that an employment tribunal had made no error in law when it held that an employee's disclosure, which engaged the interests of 100 managers of a national estate agency, was made "in the public interest" and protected under the whistleblowing legislation.
In Barbulescu v Romania [2017] IRLR 1032 ECHR, the Grand Chamber of the European Court of Human Rights held that the Romanian courts failed to afford adequate protection to the art.8 rights of an employee who sought to challenge his dismissal following a monitoring exercise by his employer.
In Day v Health Education England and others [2017] IRLR 623 CA, the Court of Appeal held that a trainee doctor was not prevented from bringing a whistleblowing claim against the third-party introducer by the fact that he was engaged as a worker by the hospital trust to which he was assigned. His claim could proceed if the introducer could be said to substantially determine the conditions under which he worked in accordance with s.43K of the Employment Rights Act 1996.
In Dudley Metropolitan Borough Council v Willetts [2017] IRLR 870 EAT, the EAT held that payments for regularly worked voluntary overtime are part of a worker's "normal remuneration" for the purposes of calculating a week's pay in respect of a worker's holiday pay entitlement.
The European Court of Justice has held that a worker must be able to carry over unused holiday when the employer does not put that worker in a position to exercise the right to take paid annual leave.
In this Portuguese case, the European Court of Justice (ECJ) has held that the weekly rest period of 24 hours may be granted on any day during each seven-day period, and not necessarily the day following six consecutive working days.
The Court of Appeal has held that a claimant cannot succeed in a whistleblowing unfair dismissal claim where the decision-maker was unaware of the protected disclosure at the time of the decision to dismiss.
In this Romanian case, the Grand Chamber of the European Court of Human Rights (ECHR) has held that monitoring the employee's private use of a business messaging account amounted to a breach of his right to private life and correspondence under art.8.
The Employment Appeal Tribunal (EAT) has held that entirely voluntary overtime should be included in normal remuneration for calculating holiday pay.
Employment law cases: HR and legal information and guidance relating to managing employees/workers.