Managing employees/workers
In Sood Enterprises Ltd v Healy [2013] IRLR 865 EAT, the Employment Appeal Tribunal held that workers on long-term sick leave who have not taken their annual holiday entitlement may not carry over the additional 1.6 weeks' leave to which UK workers are entitled without an agreement to do so.
In DLA Piper's case of the week, the Employment Appeal Tribunal (EAT) considered whether or not the decision makers' private deliberations during breaks in a disciplinary or grievance hearing can be admissible in an employment tribunal.
In Foreningen af Arbejdsledere i Danmark v Daddy's Dance Hall A/S (Daddy's Dance Hall) [1988] IRLR 315 ECJ , the ECJ held that the provisions of the Acquired Rights Directive are mandatory and "therefore independent of the will of the parties" to the employment contract, although post-transfer variations may be agreed that are permitted by national law "in cases other than the transfer of an undertaking".
In DLA Piper's case of the week, the Employment Appeal Tribunal (EAT) considered a case in which the employer was found to have fairly dismissed someone despite choosing not to follow the findings of an independent appeal panel.
Neil Window is a trainee solicitor, Heather Marsh, Carly Mather, Associate and David Rintoul are associate solicitors, and Catherine Barker is managing associate at Addleshaw Goddard LLP. They round up the latest rulings.
The European Court of Justice found that an Italian law that excluded a female worker from a vocational training course, which was necessary for a chance at a promotion, because she was on compulsory maternity leave constituted unfavourable treatment contrary to EU law.
The European Court of Justice has held that EU law does not require that the commissioning mother in a surrogacy agreement be entitled to maternity leave.
HR and legal information and guidance relating to managing employees/workers.