Managing employees/workers
In Federación de Servicios Privados del sindicato Comisiones Obreras v Tyco Integrated Security SL and another [2015] IRLR 935 ECJ, the ECJ held that, for peripatetic workers who travel directly to customer addresses from home and who travel home directly from customer addresses at the end of the working day, the time spent travelling on those first and last journeys of the day is working time within the meaning of art.2 of the Working Time Directive.
This first-instance tribunal decision shows that a series of incidents in which an employee is warned for verbally abusing colleagues can combine to lead to a fair dismissal, even if taken individually the incidents do not justify dismissal.
Laying off employees before a service provision change does not necessarily prevent them from transferring to the new employer under TUPE. Lindsay Macdonald reports on a recent case at the Employment Appeal Tribunal (EAT).
Amanda Steadman is a professional support lawyer, Iain Naylor, Lucy Sorell and Rachael Wake are associates, and Jessica-Alice Curtis is a trainee solicitor at Addleshaw Goddard LLP. They round up the latest rulings.
In this Romanian case, the European Court of Human Rights (ECHR) accepted that the employee's right to a private life had been affected when his employer accessed his Yahoo messages. However, the ECHR went on to hold that the employer's actions were justified in the circumstances and not in breach of art. 8 of the European Convention of Human Rights.
In Adeshina v St George's University Hospitals NHS Foundation Trust [2015] IRLR 704 EAT, the EAT held that flaws in disciplinary proceedings leading to a dismissal were remedied by the appeal process, and that the dismissal was fair.
Krishna Santra and Sandra Martins are senior associates at Colman Coyle Solicitors. They round up the latest rulings.
The Employment Appeal Tribunal (EAT) has held that there is no relevant TUPE transfer where a restructure results in an employee moving from an employment contract with one employer to an employment contract with several employers, including the original employer.
HR and legal information and guidance relating to managing employees/workers.