In Russell and others v Transocean International Resources Ltd and others [2012] IRLR 149 SC, the Supreme Court held that offshore workers' regular onshore field breaks constitute annual leave for the purposes of the Working Time Regulations 1998.
This is a rare example, along with Crisp v Iceland Foods Ltd ET/1604478/11 & ET/1600000/12, of an employment tribunal making wide-ranging recommendations to an employer, in this case suggesting that it provide training for its managers and HR team on maternity rights.
This week's case of the week, provided by DLA Piper, covers what constitutes an "organised grouping of employees" on a service provision change for TUPE purposes.
The European Court of Justice has held that German legislation allowing for a carry-over period for untaken holiday of nine months, with the result that public servants forfeit their leave if it has not been taken within the period of nine months after the end of the leave year because of sickness, is unlawful.
A Northern Ireland industrial tribunal has provided a useful example for employers of circumstances in which it can be fair to dismiss an employee for offensive comments made about a work colleague on Facebook.
The Employment Appeal Tribunal has held that the "refusal" or "proposed refusal" of a worker to accept his or her employer's contravention (or proposed contravention) of the Working Time Regulations 1998 (SI 1998/1833) must be communicated in advance to the employer.
The Employment Appeal Tribunal has referred to the European Court of Justice the question of the extent to which employers can avoid giving workers daily rest periods and rest breaks because of the need for continuity of service or production.