Case Digests

 

Recent Cases

The band of reasonable responses is not infinitely wide

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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Newbound v Thames Water Utilities Ltd
 

Annual leave untaken because of sickness can be carried over for 18 months

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.
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Plumb v Duncan Print Group Ltd
 

Fair dismissal despite procedural deficiencies and non-compliance with ACAS code

Neither procedural flaws nor the employer’s failure to comply with the ACAS code resulted in an employee’s dismissal being unfair.
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Adeshina v St George’s University Hospitals NHS Foundation Trust
 

Voluntary overtime and holiday pay

Voluntary overtime can in principle be included for the purposes of calculating statutory holiday pay.
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Patterson v Castlereagh Borough Council
 

Timing of collective consultation and the special circumstances defence

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.
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E Ivor Hughes Educational Foundation v Morris
 

Employee not re-assigned from an organised grouping despite instruction to remove

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.
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Jakowlew v Saga Care
 


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