Managing employees/workers
In Mears Homecare Ltd v Bradburn and others, the Employment Appeal Tribunal held that the duty to maintain national minimum wage records moves to the transferee on a TUPE transfer.
In Simpson v Cantor Fitzgerald Europe, the Employment Appeal Tribunal upheld the tribunal decision that 37 disclosures made by a city worker are not protected disclosures within the meaning of s.43B of the Employment Rights Act 1996.
In Kocur v Angard Staffing Solutions Ltd and another, the Court of Appeal held that agency workers' entitlement to the "same basic working and employment conditions" as permanent staff after 12 weeks does not extend to being given the same number of hours' work.
In Chief Constable of the Police Service of Northern Ireland and another v Agnew, the Northern Ireland Court of Appeal refused to limit workers' historic claims for the unlawful exclusion of overtime from holiday pay calculations.
In East of England Ambulance NHS Trust v Flowers and others, the Court of Appeal held that ambulance workers are contractually entitled to have voluntary overtime included in the calculation of their holiday pay and, under the Working Time Directive (2003/88/EC), to have it included where it is sufficiently regular and settled.
In Ali v Capita Customer Management Ltd; Chief Constable of Leicestershire Police v Hextall, the Court of Appeal rejected sex discrimination claims brought by male staff against employers that enhance maternity pay but not shared parental pay.
In Federación de Servicios de Comisiones Obreras (CCOO) v Deutsche Bank SAE, the European Court of Justice (ECJ) held that EU law means that Spanish legislation should require employers to set up a system to record workers' actual daily working time.
In Elliott v RMS Cash Solutions Ltd, a Northern Ireland tribunal held that a cash transit firm fairly dismissed an employee whose Snapchat posts revealed a colleague's personal details. The posts increased the risk of "tiger kidnapping", which involves staff or their families being kidnapped to force staff to help commit a crime.
In South West Yorkshire Partnership NHS Foundation Trust v Jackson and others, the Employment Appeal Tribunal (EAT) held that, as long as the miscommunication came from an administrative error, an employee whose redundancy redeployment form was sent to an inaccessible work email address was not unfavourably treated because she was on maternity leave.
In Network Rail Infrastructure Ltd v Crawford, the Court of Appeal held that, under reg.24 of the Working Time Regulations 1998 (SI 1998/1833), a compensatory rest period need not consist of an uninterrupted 20 minutes provided that it has the same value in terms of contributing to the worker's wellbeing.
Employment law cases: HR and legal information and guidance relating to managing employees/workers.