Managing employees/workers
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.
In London Borough of Lambeth v Agoreyo, the Court of Appeal held that the proper test for the courts for deciding if an employee's suspension breached the implied term of trust and confidence is whether or not the employer's decision to suspend was a "reasonable and proper" response to the allegations.
In Hare Wines Ltd v Kaur and another, the Court of Appeal upheld the tribunal's decision that the employee's dismissal was automatically unfair by reason of a TUPE transfer because the employer had not taken action to resolve her poor working relationships prior to the transfer, but did so by dismissing her at the time of the transfer.
In Ibrahim v HCA International Ltd, the Employment Appeal Tribunal (EAT) held that the worker's complaint that false rumours had been spread about him is an allegation of defamation and a disclosure of information that tends to show a breach of a legal obligation under the whistleblowing provisions.
In Asda Stores Ltd v Raymond, the Employment Appeal Tribunal (EAT) upheld the tribunal decision that the employer's failure to conduct a reasonable investigation and to take reasonable care during the disciplinary process made the employee's dismissal unfair. The EAT also upheld the tribunal's ruling that his dismissal arose from his disability.
In Uber BV and others v Aslam and others, the Court of Appeal held that Uber drivers are workers rather than self-employed and are entitled to progress their claims for the national minimum wage and paid annual leave.
In R (on the application of the Independent Workers Union of Great Britain) v the Central Arbitration Committee and another, the High Court held that Deliveroo riders are not workers and therefore are not automatically entitled to a collective bargaining arrangement.
In Addison Lee Ltd v Lange and others, the Employment Appeal Tribunal (EAT) held that drivers who worked within the employer's private hire business were workers rather than self-employed.
In British Airways plc v Pinaud, the Court of Appeal held that a part-time worker's contract requiring her to be available for work 53.5% of the time that a full-time comparator was required to be available for work constituted less favourable treatment because she was paid only 50% of the full-time salary.
In Kreuziger v Land Berlin and Max-Planck-Gesellschaft zur Förderung der Wissenschaften eV v Shimizu, the European Court of Justice (ECJ) held that a worker who does not apply for leave does not automatically lose the right to a payment in lieu on termination of employment.
Employment law cases: HR and legal information and guidance relating to managing employees/workers.