Managing employees/workers
Georgina Kyriacou and David Malamatenios are partners and Sandra Martins, Colin Makin and Krishna Santra are associates at Colman Coyle Solicitors. They round up the latest rulings.
The European Court of Justice has confirmed that a worker who is sick during a period of annual leave cannot be precluded from taking the holiday at a time other than that originally scheduled, irrespective of when the incapacity for work first arose.
In Russell and others v Transocean International Resources Ltd and others [2012] IRLR 149 SC, the Supreme Court held that offshore workers' regular onshore field breaks constitute annual leave for the purposes of the Working Time Regulations 1998.
In Edwards v Chesterfield Royal Hospital NHS Foundation Trust; Botham v Ministry of Defence [2012] IRLR 129 SC, the Supreme Court held that the principle in Johnson v Unisys Ltd that the implied term of trust and confidence does not allow recovery of damages for loss arising from the manner of dismissal applies equally to alleged breaches of express contractual terms.
This is a rare example, along with Crisp v Iceland Foods Ltd ET/1604478/11 & ET/1600000/12, of an employment tribunal making wide-ranging recommendations to an employer, in this case suggesting that it provide training for its managers and HR team on maternity rights.
HR and legal information and guidance relating to managing employees/workers.