Managing employees/workers
In Hibbins v Hesters Way Neighbourhood Project EAT/0275/08, the EAT held that a teacher's disclosure that a prospective student was a suspect in a criminal case was capable of being a protected disclosure for the purposes of the whistleblowing legislation.
In Eweida v British Airways plc EAT/0123/08, the EAT held that a uniform policy that prohibited visible items of jewellery, unless worn in pursuance of a mandatory scriptural requirement, did not indirectly discriminate against a Christian employee who wished to display a cross over her uniform.
In The Corps of Commissionaires Management Ltd v Hughes EAT/0196/08, the EAT held that the entitlement under the Working Time Regulations 1998 to a 20-minute rest break where the working day exceeds six hours is an entitlement to a single rest break and not a rest break for every six hours worked. Where an exception means that the right to a rest break does not apply, the employer must provide compensatory rest, which should be granted at a time when the worker would otherwise be working.
In Royal Bank of Scotland Plc v Harrison EAT/0093/08, the EAT held that a disruption to the employee's childcare arrangements was unexpected. She was, therefore, entitled to take time off for dependants, and had suffered a detriment for a prescribed reason for doing so.
In Claridge v Daler Rowney Ltd [2008] IRLR 672, the EAT held that, although it is for the tribunal to determine whether or not an employer has committed a repudiatory breach of contract, the employer's handling of the grievance procedure will amount to such a breach only where it fell outside the range of reasonable responses open to the employer.
This week's case of the week, provided by DLA Piper, covers working time.
In Capita Health Solutions v McLean and another [2008] IRLR 595, the EAT held that an employee's objection to becoming employed by the transferee did not have the effect of preventing the transfer of her contract of employment, as she had undertaken work for the transferee after the transfer date.
In Kimberley Group Housing Ltd v Hambley and others; Angel Services (UK) Ltd v Hambley and others EAT/0488/07 & EAT/0489/07, the EAT overturned an employment tribunal decision to split liability for employment contracts in proportion to the split in activities after a service provision change.
In Cortest Ltd v O'Toole EAT/0470/07, the EAT held that the right to time off for dependants does not extend to one month's leave to care for a child.
The Employment Appeal Tribunal has upheld an employment tribunal decision that an employee who was allowed to sleep for much of his shift, but had to deal with anything untoward that might arise, was entitled to be paid the national minimum wage for the whole shift.
Employment law cases: HR and legal information and guidance relating to managing employees/workers.