Managing employees/workers
The Court of Appeal has held that, for there to be an automatic unfair dismissal under TUPE, there does not need to have been a particular transfer or transferee in existence or in contemplation at the time of the dismissal.
The Court of Appeal has held that the transfer from a company in administration does not lead to an exemption from automatic employee transfer under reg.8(7) of TUPE.
In this case, the employer failed to meet its legal obligations to an employee who was a reservist returning from deployment in Afghanistan. The case was complicated by the fact that it was a client's refusal to have the employee back on site that resulted in his dismissal.
Tori O'Neil, Tessa Harland, Sarah Wade and Ed Gregory are associates at Addleshaw Goddard LLP. They round up the latest rulings.
This week's case of the week, provided by DLA Piper, covers disciplinary procedings.
The European Court of Justice has confirmed that the Working Time Directive (03/88/EC) does not require an unlimited accumulation of a worker's paid annual leave during a period of long-term sickness absence.
In this case, the employment tribunal had to decide the exceptionally difficult issue of whether or not employees who were TUPE transferred to a company that engaged individuals only under a franchise agreement were unfairly dismissed. Unsurprisingly, the panel members were divided on their reasoning and there is expected to be an appeal to the Employment Appeal Tribunal (EAT).
The Court of Appeal has held that there could be no remedy for part-time female workers who were prevented from joining an occupational pension scheme during particular periods because they would not have chosen to join the pension scheme even if they had been eligible to do so.
The Employment Appeal Tribunal has held that employees on sick leave must, to be paid for holiday under the Working Time Regulations 1998, give the required statutory notice during the relevant leave year of their intention to take that holiday.
The High Court has listed some of the factors that a court may take into account when determining whether or not a provision, for example a provision in a disciplinary procedure, is apt for incorporation into an employee's contract of employment.
Employment law cases: HR and legal information and guidance relating to managing employees/workers.