Managing employees/workers
The Employment Appeal Tribunal has held that employees on sick leave must, to be paid for holiday under the Working Time Regulations 1998, give the required statutory notice during the relevant leave year of their intention to take that holiday.
The High Court has listed some of the factors that a court may take into account when determining whether or not a provision, for example a provision in a disciplinary procedure, is apt for incorporation into an employee's contract of employment.
Practical guidance on dealing with an employee who goes ahead with a holiday when annual leave has not been authorised, including investigating the unauthorised absence and disciplinary sanctions.
Chris McAvoy, Cane Pickersgill, Tessa Harland, Sarah Wade and David Rintoul are associates at Addleshaw Goddard LLP. They round up the latest rulings.
The Court of Appeal has held that the test where a worker is alleging a detriment for whistleblowing is to decide whether or not the protected disclosure has materially influenced (in the sense of being more than a trivial influence) the employer's treatment of the individual.
In Fecitt and others v NHS Manchester [2011] IRLR 111 EAT, the EAT held that, where a worker has suffered a detriment following a protected disclosure, the employer must prove that its act or deliberate failure to act was “in no sense whatever” on the grounds that the employee had done the protected act.
The Employment Appeal Tribunal has confirmed that an agreed variation of an employment contract following a TUPE transfer is effective where the transfer is not the sole or principal reason for the variation.
HR and legal information and guidance relating to managing employees/workers.