Managing employees/workers
Chris McAvoy, Cane Pickersgill, Tessa Harland, Sarah Wade and David Rintoul are associates at Addleshaw Goddard LLP. They round up the latest rulings.
The Court of Appeal has held that the test where a worker is alleging a detriment for whistleblowing is to decide whether or not the protected disclosure has materially influenced (in the sense of being more than a trivial influence) the employer's treatment of the individual.
In Fecitt and others v NHS Manchester [2011] IRLR 111 EAT, the EAT held that, where a worker has suffered a detriment following a protected disclosure, the employer must prove that its act or deliberate failure to act was “in no sense whatever” on the grounds that the employee had done the protected act.
The Employment Appeal Tribunal has confirmed that an agreed variation of an employment contract following a TUPE transfer is effective where the transfer is not the sole or principal reason for the variation.
Claire Benson is managing associate and Caroline Jacobs and Chris McAvoy are associates at Addleshaw Goddard LLP. They round up the latest rulings.
The European Court of Justice has considered whether or not "normal remuneration" during a period of annual leave should include allowances on top of basic pay, in the context of a dispute over how the holiday pay of British Airways pilots who are paid flying allowances as well as basic pay should be calculated.
The Court of Appeal has held that a lone security guard who could take a rest break during a 12-hour shift, but who had to be on call during that time and could start his rest break again if it was interrupted, was given "compensatory rest" under the Working Time Regulations 1998.
An increasing number of tribunal cases involve employees making work-related comments on Facebook. This case shows that derogatory comments will by no means always justify dismissal.
The Employment Appeal Tribunal has upheld the employment tribunal decision that a former NHS trust chief executive was automatically unfairly dismissed for making a protected disclosure.
This week's case of the week, provided by DLA Piper, covers protective awards under TUPE.
Employment law cases: HR and legal information and guidance relating to managing employees/workers.