Managing employees/workers
In Schultz-Hoff v Deutsche Rentenversicherung Bund; Stringer and others v Her Majesty's Revenue and Customs Cases C-350/06 and C-520/06 ECJ, the ECJ has held that the Working Time Directive allows member states to prevent workers from taking annual leave during periods of sickness, provided that they are permitted to take it at some other time. If sickness prevents a worker from taking his or her annual leave entitlement, it must be carried over into the next leave year. Workers whose employment is terminated cannot have their payment in lieu of annual leave reduced on account of a period of sickness prior to the dismissal.
Twenty-eight years after its birth, TUPE still raises thorny questions. Its complexity is evidenced by the number of groundbreaking tribunal cases which have come to the fore recently, many of which could have far-reaching ramifications at a time of economic instability, writes Lesley Murphy.
In Hibbins v Hesters Way Neighbourhood Project EAT/0275/08, the EAT held that a teacher's disclosure that a prospective student was a suspect in a criminal case was capable of being a protected disclosure for the purposes of the whistleblowing legislation.
In Eweida v British Airways plc EAT/0123/08, the EAT held that a uniform policy that prohibited visible items of jewellery, unless worn in pursuance of a mandatory scriptural requirement, did not indirectly discriminate against a Christian employee who wished to display a cross over her uniform.
In The Corps of Commissionaires Management Ltd v Hughes EAT/0196/08, the EAT held that the entitlement under the Working Time Regulations 1998 to a 20-minute rest break where the working day exceeds six hours is an entitlement to a single rest break and not a rest break for every six hours worked. Where an exception means that the right to a rest break does not apply, the employer must provide compensatory rest, which should be granted at a time when the worker would otherwise be working.
A model policy to set out the process by which employees can agree to swap shifts with colleagues.
A model form for employees to request a shift swap.
HR and legal information and guidance relating to managing employees/workers.