The Ministry of Justice has suggested that employment tribunal fees may be reintroduced. The Permanent Secretary for the Ministry of Justice said that a balance could be reached between increasing tribunal funding (via fees) and ensuring employees still had access to justice. He said the Unison Supreme Court case which resulted in fees being abolished […]
Holiday pay
Do workers lose the right to a payment in lieu of holiday at the end of their employment if they did not try to take it? No, said the Court of Justice of the European Union in Kreuziger v Berlin. The employee worked for a German public sector employer. His employment ended but the employer […]
Dismissal for long term sickness
Can an employer dismiss an employee for capability reasons when they are contractually entitled to long term disability benefits? No, not fairly, the Employment Appeal Tribunal has said in Awan v ICTS. Mr Awan went on long term sick leave. After six months’ full pay, he was contractually entitled to a disability benefit plan which […]
Redundancy trial periods
Is it unfair not to offer a trial period for a more junior role even if the employee did not complain at the time? Yes, if it is a contractual right, said the employment appeal tribunal in George v London Borough of Brent. Trial periods allow an employee to try out a new role whilst […]
Part-time workers’ pay
Is it unfair to pay an employee 50 % of full-time pay for being on duty for 53.5% of the time? Yes, the Court of Appeal said in British Airways v Pinaud, in a case which will affect around 600 similar claims pending against BA. The employee worked part-time as cabin crew for BA. She […]
Unfair dismissal
Is it fair to dismiss an employee in the transport industry who fails a drugs test? Not always, said the employment tribunal recently. Ball v First Essex Buses looked at the range of reasonable responses test in conduct dismissals and shows how an employer can come unstuck even in seemingly clear-cut cases. A bus driver […]