Managing employees/workers
The Supreme Court has upheld the Court of Appeal decision that an unpaid volunteer with no contract was not protected by the (now repealed) Disability Discrimination Act 1995 and that the Equal Treatment Framework Directive (2000/78/EC) does not cover voluntary activity.
A dismissal for fighting at a Christmas party involving individuals who attempt to play down the seriousness of the incident can be fair, as this case shows.
This case serves as a reminder to employers of the risks that can accompany Christmas parties, although the company in this case navigated the issues admirably.
The High Court has upheld a breach of contract claim against a housing trust that demoted a Christian manager who said on Facebook that holding civil partnership ceremonies in churches is "an equality too far".
The European Court of Justice has confirmed that the holiday pay of a worker on a zero hours contract placed on short-time working can be calculated on a pro rata basis.
Carly Mather, Lydia Newman and Amy Ross-Sercombe are associates and Amanda Steadman is a professional support lawyer at Addleshaw Goddard LLP. They round up the latest rulings.
The Supreme Court has remitted to the employment tribunal the case brought by British Airways pilots in relation to the inclusion of flying allowances in the calculation of their holiday pay, following the results of the reference to the European Court of Justice on whether or not "normal remuneration" during a period of annual leave should include allowances on top of basic pay.
This unusual case against the Metropolitan Police involves direct discrimination against a dog handler who was required to return a police dog during maternity leave, which damaged her career progression and denied her opportunities for overtime.
The Employment Appeal Tribunal has held that the tribunal was correct to find that the respondent did not have an economic, technical or organisational (ETO) defence in respect of the two claimants, who were dismissed as a result of harmonisation following a post-TUPE transfer redundancy process.
In this case, the employment tribunal found that a worker, who had refused to work more than 48 hours per week, was automatically unfairly dismissed by his employer.
Employment law cases: HR and legal information and guidance relating to managing employees/workers.