Case Digests

The dismissal of a long-serving employee for a health and safety rule breach was unfair where the employers had effectively condoned the employee’s previous breaches.

A worker on sick leave can carry forward untaken leave into a new holiday year under the Working Time Regulations even if the worker was capable of taking annual leave. But this isn’t an unlimited right to carry over holiday into subsequent years indefinitely – the maximum period for which holiday could be carried over was 18 months from the end of the leave year in which the annual leave arose.

Neither procedural flaws nor the employer’s failure to comply with the ACAS code resulted in an employee’s dismissal being unfair.

Voluntary overtime can in principle be included for the purposes of calculating statutory holiday pay.

A strategic albeit provisional decision to close a workplace triggered to obligation to consult collectively. The complete failure to do so justified a full 90-day protective award and the fact that the staff hadn’t suffered any actual loss was irrelevant.

In the context of a TUPE service provision change an instruction issued by a third party client to remove an employee from the provision of a service did not have the effect of re-assigning the employee away from the organised grouping.