Employee victimised for raising multiple spurious grievances

An employee who was dismissed after he lodged seven race discrimination claims and ten grievances against his employer, most of which were found to be unfounded, had been victimised because the grievances and tribunal claims were ‘protected acts’ under the Equality Act 2010 and he was dismissed for making them.
Woodhouse v West North West Homes Leeds Ltd
 
 

Failure to supply agency worker information during TUPE and redundancy consultations

A local authority broke the law when, during consultation on a redundancy exercise and two TUPE transfers, it failed to provide enough information to unions on the agency workers it used. This resulted in it having to pay significant protective awards to affected employees (although see Update note below).
Unison v London Borough of Barnet
 
 

No need to request annual leave while off sick

Adding some clarity to a troublesome area of the law, the Court of Appeal has confirmed that a worker who is on long-term sick leave does not need to request to take statutory leave under the Working Time Regulations in a particular leave year in order to either carry it over until they return to work, or be paid for it on termination.
NHS Leeds v Larner
 
 

Right to replacement annual leave applies regardless of when incapacity for work arises

In yet another case on the issue of overlapping holidays and sickness, the ECJ has held that a worker who is sick during paid annual leave can interrupt the annual leave and take it at a later date - irrespective of whether the sickness started before or during the annual leave.
Asociación Nacional de Grandes Empresas de Distribución (ANGED) v Federación de Asociaciones Sindicales (FASGA)
 
 

Reference highlighting unsubstantiated allegations was not unfair

A reference which referred to negative reports and unsubstantiated allegations about an employee was not negligent because it had been made clear to the prospective employer that the issues raised about the employee were allegations only which had not been investigated.
Jackson v Liverpool City Council
 
 

Employment status of agency worker

There was no contract of employment between an agency worker and an employment agency where the agreement between them showed no intention to create an employment relationship and there was a lack of control and mutuality of obligation.
Secretary of State for Business, Innovation and Skills v Studders
 
 


Page 8 of 8

HRBullets on Twitter @HRBullets





Forgotten your password?

 
I'd like to subscribe
Subscribers only - te law will answer your employment law queries. Find out more about our email support
Tuesday, 26 May 2015

Pensions - will higher-rate tax relief remain?

At first glance it may appear that a return to one-party government will make predictions in this space somewhat easier. Yet that may only be part of the story, as the government may well now need to revisit some of its pre-election promises in light of a win that even they did not really expect.
...

Now there's more ways to stay in touch

Join Us on Linked in Become our Fan on Facebook Follow us on Twitter