Managing employees/workers
David Malamatenios is a partner, and Krishna Santra, Sandra Martins and Colin Makin are senior associates at Colman Coyle Solicitors. They round up the latest rulings.
In Bates Van Winkelhof v Clyde & Co LLP and another [2014] IRLR 641 SC, the Supreme Court held that a solicitor who was a member of an LLP was a "worker" within the meaning of the Employment Rights Act 1996 and could therefore pursue a whistleblowing claim in the employment tribunal.
The Northern Ireland Court of Appeal has held that there is no reason in principle why voluntary overtime should not be included in holiday pay, if it is normally carried out and is an "appropriately permanent feature" of the worker's remuneration.
John Bracken and Nancy Goldman-Edwards are trainee solicitors and Chris McAvoy, Lucy Sorell and Rachael Wake are associates at Addleshaw Goddard LLP. They round up the latest rulings.
In McMillan v Airedale NHS Foundation Trust [2014] IRLR 803 CA, the Court of Appeal held that the NHS had no contractual right to increase a disciplinary sanction on a doctor's internal appeal against that sanction.
In Thomson v Imperial College Healthcare NHS Trust EAT/0218/14, the EAT upheld an employment tribunal's ruling that a conduct dismissal was unfair because the chair of the disciplinary panel had no training or experience in the role, and he impermissibly dismissed for what amounted to serious but not gross misconduct. The employee had, however, failed to establish that there was any failure to make reasonable adjustments.
HR and legal information and guidance relating to managing employees/workers.