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20/01/2010
An unfair dismissal claim ( constructive )for breach of trust and confidence followed. The failure to pay nine days holiday was the last straw. According to the Working Time Regulations (WTR) Regulation 13 provides the, "Entitlement of four weeks" and Regulation 15 requires notice to the employer of twice as many days in advance of the number of days to which the notice relates. The claimant argued that pursuant to the entitlement in Regulation 13, the statutory or contractual notice requirements are superseded by an inalienable right of an employee to take paid leave within the leave year. The claimant was arguing that under WTR 13 the employer must permit an employee to take all paid leave within the leave year even if the employee makes his request towards the end of the leave year when it may not fit in with the staffing arrangements. The EAT rejected this argument, ruling that the right to statutory leave is not inalienable but is subject to fairness. The employer must not be unreasonable, arbitrary or capricious in denying lawful requests. The case of Stringer & Ors v Revenue & Customs Commissioners [2009] ICR 932 was referred to. Stringer determined that the right to paid annual leave continued at the end of a leave year where the worker had not had the opportunity to exercise that right because he was on sick leave. Ansell J however interpreted Stringer as accepting the loss of a holiday right at the end of the leave year regarding leave not taken (p34).
The case was remitted to a different Tribunal for a rehearing.
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Some recent employment cases:- 2010 Related disorders may be aggregated to pass the DDA 1 year long term disability hurdle - Patel v Oldham Metropolitan Borough Council & Anor [2010] UKEAT 0225_09_1501 Discrimination to distribute employment opportunities among the generations is legitimate - Domnica Petersen v Berufungsausschuss für Zahnärzte für den Bezirk Westfalen-Lippe [2010] Case C-341/08 ECJ The 'genuine occupational requirement' rule may apply to a maximum age for employment - Wolf v Stadt Frankfurt am Main [2010] Case C-229/08 ECJ Different dress codes do not necessarily amount to sex discrimination - Dansie v. The Commissioner of Police for The Metropolis [2009] UKEAT Certain conditions must exist for the obligation to carry out a risk assessment for a pregnant worker to arise - ONeill v. Buckinghamshire County Council [2010] UKEAT 2009 An employment tribunal may decide if a compromise decision is unenforcable - Industrious Ltd v Horizon Recruitment Ltd & Anor [2009] UKEAT Registrar claiming right to refuse to officiate at civil weddings loses religious discrimination case - Ladele v London Borough of Islington [2009] EWCA Civ 1357 A philosophical belief based on science is protected by the Employment Equality (Religion or Belief) Regulations 2003 - Grainger Plc v Nicholson [2009] UKEAT/0219/09/ZT Christian counsellor who would not help same sex couples was not discriminated against - McFarlane v Relate Avon Ltd [2009] UKEAT 0106_09_3011 Under TUPE the obligation to inform always applies, even when no measures are contemplated relating to the transfer - Cable Realisations Ltd v GMB Northern [2009] UKEAT The Court of Appeal rules on Harassment and 'Oppressive and Unacceptable' behaviour Veakins v Kier Islington Ltd [2009] EWCA Civ 1288 For s4A(3) of the DDA to apply the employer must have known (or ought to have known) that the employee was disabled and that the disability would affect him in the manner described in section 4A(1) - DWP v Alam [2009] UKEAT 0242_09_0911 A discrimination case may not proceed on the mere possibility that evidence might emerge during cross examination - ABN Amro Management Services v Hogben [2009] UKEAT 0266_09_0111 In cases of discriminatory dismissal tribunals may reduce compensation if the worker would in any event have been dismissed - Chagger v Abbey National Plc & Anor [2009] EWCA Civ 1202 It is possible to claim unfair dismissal abroad even if the workplace is registered outside the UK - Diggins v Condor Marine Crewing Services Ltd [2009] EWCA Civ 1133 Autoklenz 'Subcontractors' were employees - the contractual substitution clause was just 'window dressing' - Autoclenz Ltd v Belcher & Ors [2009] EWCA Civ 1046 |
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