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Sick workers can choose to carry over annual leave

Posted by BDBF on 31 July 2015

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Workers on sick leave can choose to carry over their annual leave for up to 18 months after the leave year in which it accrued. There is no need for the worker to be physically incapable of taking their annual leave entitlement.


Summary dismissal for health and safety breach was unfair

Posted by BDBF on 31 July 2015

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An employer’s decision to dismiss an employee summarily on grounds of gross misconduct was not a reasonable response to an employee’s failure to adhere to a new health and safety procedure. It was therefore outside of the ‘range of reasonable responses’ open to the employer, and it constituted an unfair dismissal.


Works' councils: request must be made by 10% of the whole business's workforce

Posted by BDBF on 31 July 2015

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In the context of the Information and Consultation of Employees Regulations 2004, an "undertaking" refers to a legal entity – i.e. the employer as a whole – rather than individual business units.


Employee fairly dismissed despite procedural defects

Posted by BDBF on 31 July 2015

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A fairly conducted appeal is capable of remedying even serious procedural defects in the first part of a disciplinary process.


Ignorance of need to consult collectively no bar to protective awards

Posted by BDBF on 31 July 2015

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An employer’s claim that it failed to consult collectively because it was not aware that it was obliged to do so is no excuse, and protective awards (of up to three months pay per employee) remain payable in such circumstances. Further, if an employer has relied on its ignorance to justify non-consultation, it cannot also suggest that special circumstances had rendered collective consultation not reasonably practicable.


Employee transferred under TUPE despite client instruction to remove her from the contract

Posted by BDBF on 31 July 2015

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If a client instructs that an employee be removed from working on its contract which is set to transfer under TUPE, that employee will still transfer if the outgoing employer decides not to heed the instruction.


Peripatetic workers ‘at work’ when travelling between home and assignments

Posted by BDBF on 31 July 2015

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Peripatetic workers – i.e. those who travel between different assignments rather than having a single set workplace – are considered ‘at work’ when travelling between their homes and assignments given to them by their employer.


No duty to disclose allegations of misconduct to employer

Posted by BDBF on 1 July 2015

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An employee does not have an implied duty to disclose to his employer allegations made against him whilst working elsewhere.


Dismissal of outspoken Christian employee was discriminatory

Posted by BDBF on 1 July 2015

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The dismissal of an employee who expressed negative views in respect of her colleague’s homosexual lifestyle was held to be discriminatory.


Employee who smelled of alcohol was unfairly dismissed

Posted by BDBF on 1 July 2015

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In the absence of evidence suggesting that an employee is unable to do his job, it was unreasonable for an employer to dismiss an employee for coming to work whilst smelling of alcohol.


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