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.
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The band of reasonable responses is not infinitely wide
Newbound v Thames Water Utilities Ltd
Annual leave untaken because of sickness can be carried over for 18 monthsA 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.
Plumb v Duncan Print Group Ltd
Fair dismissal despite procedural deficiencies and non-compliance with ACAS codeNeither procedural flaws nor the employer’s failure to comply with the ACAS code resulted in an employee’s dismissal being unfair.
Adeshina v St George’s University Hospitals NHS Foundation Trust
Voluntary overtime and holiday payVoluntary overtime can in principle be included for the purposes of calculating statutory holiday pay.
Patterson v Castlereagh Borough Council
Timing of collective consultation and the special circumstances defenceA 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.
E Ivor Hughes Educational Foundation v Morris
Employee not re-assigned from an organised grouping despite instruction to removeIn 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.
Jakowlew v Saga Care
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