Managing employees/workers
In McMenemy v Capita Business Services Ltd [2007] IRLR 400 CS the Court of Session held that an employer that did not award time off in lieu of bank holidays to a part-time employee who did not work on Mondays was not in breach of the part-time worker Regulations.
In Blundell v The Governing Body of St Andrew's Catholic Primary School and another EAT/0329/06 the Employment Appeal Tribunal held that a teacher returning to work following maternity leave was not entitled to return to the same class that she had been teaching when her maternity leave began.
In Millam v The Print Factory (London) 1991 Ltd [2007] IRLR 526 CA, the Court of Appeal held that where the operation - as opposed to the ownership of a business - transferred to a new owner, TUPE applied notwithstanding that the business was acquired on a sale of shares.
In Software 2000 Ltd v Andrews and others EAT/0533/06 the Employment Appeal Tribunal held that where a procedurally unfair dismissal has not been rendered fair by the operation of s.98A(2) of the Employment Rights Act 1996, the tribunal must nevertheless consider if there is evidence to suggest that a fair procedure might have led to dismissal, thereby justifying a percentage reduction in compensation under Polkey.
In Airbus UK v Webb EAT/0453/06 the EAT has held that where an employee was dismissed for gross misconduct, but would not have been dismissed but for the fact that he had an expired final written warning on his record, the dismissal was unfair. The result of the expiry of the warning was that he was entitled to be treated as though he had no disciplinary record at all.
In Babula v Waltham Forest College [2007] IRLR 346 the Court of Appeal held that to qualify for protection from detriment or dismissal for whistleblowing, a worker must hold a "reasonable belief" that the information disclosed tends to show that a criminal offence will be committed or that there will be non-compliance with a legal obligation.
This week's case of the week, provided by Charles Russell, covers employer-designated days of leave.
In James v London Borough of Greenwich [2007] IRLR 168 EAT the Employment Appeal Tribunal held that an employment tribunal properly decided that there was no implied contract of employment between an agency worker and the end user for whom she had worked for three years.
In James v Redcats (Brands) Ltd [2007] IRLR 296 EAT, the Employment Appeal Tribunal (EAT) has given guidance on the definition of a worker under the national minimum wage legislation.
This week's case of the week, provided by Watson Burton, covers injunctions to restrain disciplinary action.
Employment law cases: HR and legal information and guidance relating to managing employees/workers.