Employment law cases

All items: Managing employees/workers

  • Case round-up: Unfair dismissal

    This week's case round-up from Eversheds, covering unfair dismissal.

  • Case round-up

    Joe Glavina and Emma Slark at Addleshaw Goddard bring you a comprehensive update on the latest decisions that could affect your organisation, and provide advice on what to do about them.

  • Case round up

    Judith Harris of Addleshaw Goddard brings you a comprehensive update on the latest decisions that could affect your organisation, and provides advice on what to do about them.

  • Parental leave: Parental leave can generally be taken only in one-week blocks

    Date:
    29 July 2005

    In Rodway v South Central Trains Ltd, the Court of Appeal holds that the EAT was correct to hold that parental leave may only be taken in blocks of one week's leave, except where there are contractual provisions or a workforce or collective agreement to the contrary, or where the child in respect of whom leave is taken is entitled to disability living allowance.

  • Transfer of undertakings: Transfers occur on objectively identified specific dates

    Date:
    15 July 2005

    In Celtec Ltd v Astley and others, the ECJ holds that Article 3(1) of the Business Transfers Directive (77/187/EC) must be interpreted as meaning that the "date of a transfer" is the date on which the employer's responsibility for carrying on the business of the unit transferred moves from the transferor to the transferee. That date is a particular point in time, which cannot be postponed to another date at the will of the transferor or transferee.

  • Agency workers: Agency worker not employee of agency or end-user

    Date:
    24 June 2005

    In Bunce v Postworth Ltd (t/a Skyblue), the Court of Appeal holds that, in certain circumstances, there may be an umbrella agreement governing the relationship between a worker and an employment agency, alongside individual, separate contracts in respect of specific assignments for the agency's clients.

  • Maternity leave and equal pay: Male comparator not required in maternity pay claim

    Date:
    24 June 2005

    In Alabaster v Barclays Bank plc, the Court of Appeal holds that the answer to the problem of how to enable an employee effectively to enforce her right to claim arrears of maternity pay (owed to her as a result of a failure to take into account a pay rise awarded before her maternity leave started, but after the reference period for calculating her maternity pay had ended) lay in removing the requirement in s.1(1) of the Equal Pay Act 1970 for her to point to a male comparator.

  • Holiday pay: No entitlement for those on more than 12 months' sick leave

    Date:
    10 June 2005

    In Commissioners of Inland Revenue v Ainsworth and others, the Court of Appeal holds that workers absent through long-term sick leave who have exhausted their entitlement to sick pay are not entitled to four weeks' holiday pay when they have done no work during the leave year.

  • Continuity of employment: Continuity preserved when reinstated on internal appeal

    Date:
    13 May 2005

    In London Probation Board v Kirkpatrick, the EAT holds that the tribunal was correct to conclude that it is open to the parties to agree reinstatement as a matter of contract. Such an agreement, albeit made after the break in employment has taken place, fills in the gap for the purposes of computing the period of continuous employment, under s.212 of the Employment Rights Act 1996.

  • Trade unions: Compensation where no loss suffered

    Date:
    13 May 2005

    In Skiggs v South West Trains Ltd, the EAT holds that the employment tribunal was entitled to hold, on the facts, that an investigative meeting concerning a grievance about an employee who had previously been disciplined was not a disciplinary hearing for the purpose of s.10 of the Employment Relations Act 1999.

About this category

Employment law cases: HR and legal information and guidance relating to managing employees/workers.