This summer there has been some interesting case law on the question of employee rights to holiday or payment in lieu of holiday when on sick leave. The principle that the purpose of paid annual leave is to enable the worker to enjoy a period of rest and enjoy a period of relaxation and leisure is well established; as is the principle that entitlement to sick leave is to ensure that the worker can recover from an illness that has caused him to be unfit for work.
Asociación Nacional de Grandes Empresas de Distribución, a European case, confirms that where an employee falls ill during their annual holiday leave, they are entitled to take additional holiday at a later date, for a period equivalent to the sick leave taken during annual leave.
Many employers already … more
Where an employee has been disciplined once for failing to deliver a project to a long standing client, can an employer discipline them again for the same offence, if a year later the same client later decides to terminate their business contract with the company citing the earlier offence as the reason?
The EAT examined whether an employee could be disciplined twice for matters arising out of the same facts, particularly if the second proceedings resulted in a dismissal, in the recent decision of Christou & anor v London Borough of Haringey. They held that the question of fairness of the dismissal falls to be determined under the test set out in section 98(4) Employment Rights Act 1996 (ERA), that is ‘whether in the circumstances (including the size and administrative … more
When deciding whether a dismissal is within the range of reasonable responses, a pertinent question is whether an employment tribunal can consider matters which the employer did not take into account?
This was considered by the Employment Appeals Tribunal (EAT) in the case of Neijjary -v- Aramark Ltd. The Claimant in this case was a hospitality manager, who was working for the Respondents contract with Goldman Sach's. He was dismissed in 2009 for a single incident of failure to check a booking sheet which lead to a complaint being made by the customer.
Both the dismissing manager and appeals officer relied on this one incident as justification for the dismissal on the grounds of gross misconduct.
The original allegations
The initial allegations against the Claimant were:
1. & … more
National Minimum Wage (NMW) - Standard (adult) rate (workers ages 21 years and over)
NMW - Development rate (workers aged between 18-20)
NMW - Young workers right (workers aged under 18 but above the compulsory school age who are not apprentices)
NMW - Apprentices (under 19 years old or those aged 19 and over but in the first year of their apprenticeship)
The limit on the amount of a week’s pay for the purposes of … more